Sunriver Regional Assembly
November, 1999
Contract Interpretation Seminar


ARTICLE 11

105. Management must post the holiday schedule as of the Wednesday preceding the week in which the holiday falls.

False - Article 11, Section 6.A

This provision requires the Postal Service to post the schedule by the preceding Tuesday.

106. If the Postal Service fails to post the schedule as of the Tuesday preceding the service week in which the holiday falls, a fall-time regular bargaining unit employee who works on their holiday or designated holiday will receive overtime for the whole day's work.

False - While it may seem like semantics Section 434.533 of the Employee and Labor Relations Manual provides for "holiday scheduling premium" of 50 % in cases as described above.

This premium is paid for the first eight hours of holiday work if a violation occurs and thereafter the individual is paid overtime as they would normally receive for working more than eight hours within a service day.

107. If a full-time regular employee is properly scheduled by the Tuesday preceding the service week in which the holiday falls but is unable to work or fails to do so, the Postal Service may replace that employee and not be liable for holiday scheduling premium.

True - ELM 434.533.c and M-00155 Step 4

108. Management may assign individuals to work on a holiday because they are better qualified than another carrier.

False - See M-00340 Step 4

109. A part-time flexible employee receives holiday pay in accordance with all regulations as a regular employee does.

False - Article I 1, Section 7

A PTF receives a higher hourly rate of pay for each straight-time hour worked than a regular letter carrier in the same pay level would receive. This compensates for loss of holiday pay.

110. When scheduling for a holiday, management is required to use the ODL.

False - M-0366, National Arbitration award H8N-5D-C-14577

The ODL is not used for holiday scheduling. However if additional employees are needed after the schedule has been posted, management may utilize the ODL.

111. When a pecking order reaches the non-volunteers, those who would be working on their holiday or designated holiday, are scheduled to work first.

False - See Article 11.6.B

The individuals whose holiday or designated holiday it is would be the last individuals to be worked in a non-volunteer status.

ARTICLE 12

112. Carriers may be designated a successful bidder no more than 5 times during the duration of this National Agreement.

True - Article 12, Section 3

Carriers may have additional bids for higher wages level positions, elimination or reposting of the employee's duty assignment or when assigned to a station closer to home.

113. If during a new employee's 90-day probationary period management separates him from the service, he may file a grievance protesting the separation.

False - Article 12, Section l(a)

A probationary employee does not have access to the grievance procedure relative to the separation.

114. Once an employee completes their probationary period they never again are required to serve a new probationary period.

False - Article 12, Section l(D)

If they separate from the Postal Service for any reason, except military leave, and are rehired, they must serve a new probationary period. However, if an employee transfers from an installation to another, a new period of seniority begins, but no probationary period is served.

115. An employee who believes their transfer request has been denied improperly should file their grievance in the installation to which they desire to be transferred.

False - See Article 15.2.Step I

The National Agreement is clear that an employee who believes their contractual rights have been violated, must file their grievance with their immediate supervisor in the installation to which they are assigned.

116. The criteria under the Transfer Memorandum concerning transfers also applies to mutual exchanges.

True - See JCAM page 12-32

Incorporates mutual exchanges into the same criteria to be utilized by installation heads in determining whether transfers are contractually required.

117. Sick leave balance can be the sole criteria for accepting or denying a transfer.

False - M-01233, USPS letter

118. The Postal Service may not involuntarily reassign an employee to another craft.

True - See C#07233 National Arbitrator Bernstein and M-00081 Step 4

ARTICLE 13

119. A regular letter carrier who is temporarily disabled is not allowed to bid for, or be awarded a full-time letter carrier bid assignment.

False - See M-00752 Memorandum, March 16, 1987

After an individual is awarded a full-time bid assignment as a result of the exercise of their seniority and they are unable to immediately assume the duties therein, the Postal Service may require medical certification which would indicate whether or not that individual will be physically able to carry the route within the first six month period.

If after six months the individual is still physically unable, medical certification may also be required for another six-month period which would indicate whether or not the individual would be physically able to do the duties of the position.

After a year if the individual is still physically unable to carry their assignment then the bid is vacated and reposted per Article 41. That individual may not bid for the job.

120. Employees on light duty are guaranteed eight hours per day and 40 hours per week.

False - See C#00935 National Arbitrator Mittenthal

Employees on light duty may be sent home before the end of their scheduled tour due to a lack of work.

121. Employees have the right to work their normal schedule when on light duty.

False - See M-00733 and M-00734 Step 4's

122. An individual must request light duty in writing before the Postal Service can assign them such.

True - See M-00153 Step 4

123. An individual must have five years of cumulative postal service or have an on-the-job injury to be able to submit a voluntary request for permanent reassignment to light duty.

True - See Article 13, Section 2.B.l.

124. An employee with 11 years of total service, but only 4 years after reinstatement does not qualify for permanent light duty.

False - C#10282, Regular Arbitrator Belshaw

125. Regular employees on limited duty are guaranteed 40 hours of work, compensation or a combination thereof per week.

True - M-00583 Step 4

If 40 hours are not worked, then a CA-7 should be submitted to OWCP.

126. An individual on limited duty has additional rights relative to scheduling and work availability than someone on light duty.

True - See ELM, Section 546.141

An individual who has been injured on the job must be treated differently by the Postal Service because the provisions of the above cited ELM section require that the Postal Service minimize any adverse or disruptive impact on the employee.

The Postal Service must attempt to work the individual within the craft and schedule that the employee regularly worked before taking them out of such, and should minimize any disruptive impact.

127. An individual who requires limited duty may dislodge an employee who has already been granted light duty.

False - See M-00583 Step 4

Individuals on limited duty are given priority for assignment over those who have requested light duty but an employee who has already been granted light duty cannot be dislodged by someone on limited duty.

128. A predetermined period of disability after which an employee may be considered permanently disabled is 12 months.

False - See M-01219 Step 4

Only on a case by case basis can the decision on permanent disability be made.

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