Sunriver Regional Assembly
November, 1999
Contract Interpretation Seminar

ARTICLE 21

286. Management must provide restricted limited duty job descriptions in writing.

True - M-01119, USPS letter and M-01116 Step 4's and 20 CFR 10

287. By accepting a limited duty assignment, the employee waives the opportunity to contest the propriety of the assignment.

False - See M-01120 Memo of Understanding January 29, 1993.

ARTICLE 22

288. A Union must furnish its own bulletin board if they desire to so place one in an installation.

False - See Article 22

It is the Employer's responsibility to furnish bulletin boards for each of the Unions for their own use if space is available.

289. The Union may not post the names of non-members on its bulletin board.

False - See C#03224 National Arbitrator Gamser

The Union may post the names of scabs on its bulletin board as long as the Postal Service cannot prove that the material is unsuitable because it has caused or will cause an adverse impact upon the Service to direct the work-force or manage its operations efficiently.

290. Recommended political candidates can be listed on NALC bulletin boards regardless of political affiliation.

True - M-01159 Step 4

ARTICLE 23

291. A Union official is not required to give notification to management prior to visiting a postal installation.

False - See JCAM page 23-1

Notification should be given by a Union official prior to their visit at the appropriate level. For example, a local Union official should give notice to the Postmaster, etc.

ARTICLE 25

292. On-the-job instructors for new employees are compensated at level six for the time actually spent on the job.

True - See M-00309 Step 4

293. An individual who has exercised an opt under Article 41, Section 2.B.3 or 4 is not available to be detailed to higher level bargaining unit work under Article 25.

True - See M-00620 Step 4

294. Temporarily vacant carrier technician (T-6) positions are filled per the provisions of Article 41, Section 2.

False - See M-00431 Pre-arb

T-6 positions are filled per Article 25 of the National Agreement.

295. The duration of a higher level assignment is demonstrated by a properly executed 3971.

False - See Article 41. Section l.A.2, Article 25 Section 3

The correct form is a 1723.

296. A regular carrier on a bid route may not assume a temporary T-6 vacancy of 5 or more days.

False - Article 25

This provision gives any eligible, available, qualified carrier the right to select by seniority the higher level assignment in the immediate work area in which the vacancy exists.

297. Management can administratively decide whether or not T-6 positions should be filled per Article 25.

False - See M-00431 Pre-arb, January 27, 1982

The language of this settlement indicates that those positions shall be filled per Article 25.

298. VOMA positions are filled in accordance with Article 25, Section 4 of the National Agreement.

True - See M-00433 Step 4

ARTICLE 26

299. An installation head may determine the times when the seasonal changes of uniforms will take place.

True - See M-00519 Step 4 and ELM Part 584.8

300. A carrier is not required to wear a tie until they leave for the street.

True - See M-00862 Step 4

If not in view of the public.

301. Employees who are authorized to wear the neck/chest protectors as part of the authorized cold weather uniform will not be required to wear a necktie.

True - See M-00430 Letter dated February 18, 1982

302. A pregnant letter carrier may be allowed by the installation head to be flexible in the wearing of a uniform in the advance stages of pregnancy.

True - See M-00846 USPS Letter dated March 16,1983

ARTICLE 27

303. An employee may not seek reimbursement for loss or damage to personal property while on duty or while on postal premises.

False - See Article 27 and ELM, Section 640.

Employees shall fill out Form 2146, Employee Claim for Personal Property, and seek statements from both their immediate supervisor and the Steward so that the claim should be documented and proper recommendations made.

304. Tom or ripped uniforms qualify for employee claims.

True - See C#04462 and C#02686, Regional Arbitrator Garaway

305. Automobiles are covered under employee claims.

False - See Article 27

306. An employee claim should be filed at Step I of the grievance procedure.

False - See Article 27

Form 2146 should be filled out and submitted to the employer with a Steward's recommendation at the local level. The Postal Service then issues a decision to the office of the National Business Agent where a decision is made whether to appeal an adverse decision to arbitration. The local Branch does not need to file a grievance at any level of the procedure for this process.

ARTICLE 28

307. When a Letter of Demand is issued to an employee they must immediately make restitution and then grieve for that amount in payment.

False - See M-01 192 Memorandum, July 1994, Article 28, Section 4

This provides the employer will delay collection of the monies until disposition of the grievance has been made.

308. An employee may not be held financially liable for any loss, rifling, damage, wrong delivery of the mails, or failure to collect or remit COD funds, if the employee exercises reasonable care.

True - See Article 28, Section 2

309. An employee may only file a grievance to challenge a Letter of Demand.

False - See ELM Section 437.6 and JCAM page 28-2

An employee in addition may file Form 3074, available from their installation head, requesting a waiver of an overpayment.

ARTICLE 29

310. The report of the Safe Driver Award Committee is the determining factor as a basis for revoking or suspending an employee's driving privileges.

False - Article 29

This article prohibits management from using the Safe Driver Award Committee report as a basis for revoking or suspending driving privileges.

311. An employee's driving privilege is automatically revoked or suspended with a revocation or suspension of his state driver's license.

True - Article 29

Under the provisions of this Article, management cannot impose a lesser penalty.

312. If any employee's state driver's license is revoked or suspended, he/she must inform his/her supervisor immediately and could face discipline if he/she does not.

True - Article 29

This article explicitly requires the employee to report a revocation or suspension of his/her state driver's license. Failure to do so could result in discipline.

313. An employee may not temporarily work in another craft when their driving privileges have been suspended or revoked.

False - See C#18159

Arbitrator Carlton Snow ruled that management has an affirmative obligation to look for such work and if they are unable to do so the employee should continue in a pay status.

ARTICLE 30

314. LMU's which mandate incidental leave are in conflict with the National Agreement and are not enforceable.

False - C#05670, National Arbitrator Mittenthal, see also C#10901

315. A Local Memorandum of understanding can only include the 22 items found in Article 30 and may not address issues outside of them.

False - See C#03206 National Arbitrator Mittenthal

316. Management may impasse LMU provisions outside the 22 items found in Article 30.

False - C#13080, National Arbitrator Mittenthal

However, management may impasse on any of the 22 items. They must show that continuing the provision is an unreasonable burden.

317. Local parties may renegotiate wholesale changes to a LMU outside the 30 day period if its done bilaterally.

False - C#14489, National Arbitrator Mittenthal

However, Mittenthal left room for fine tuning of LMUs.

318. The Union may not claim items in the LMU are in conflict or inconsistent with the National Agreement since the local negotiated it.

False - See M-0 1 183 Step 4

ARTICLE 31

319. Official requests for information must be submitted in writing.

False - C#10310 Regular Arbitrator Searce, see also C#00183.

320. Management is not required to release medical records of an employee unless the employee has consented.

False. See M-01155 Step 4

The release of medical records is provided for in the ASM Appendix 120.90, EL 806 and by Article 17 and 31. See also M-00881, M-01208, and C#06652.

321. The Union is entitled to supervisors discipline records when necessary and relevant.

True - M-01160 Pre-arb, C#10986

ARTICLE 35

322. Management may refer an individual to the EAP program and require that continued attendance be a condition of employment.

False - See M-01362 and ELM 872.221

Management may initially refer an employee to the EAP program but cannot require them to go. The employee may not be disciplined for noncompliance.

Article 35 includes the joint understanding of the EAP program and underscores the necessity of local branches to include in their defense of employees who are disciplined for any reason to attempt to determine, as soon as possible, if the individual has an alcohol or drug program.

Include Article 35 as a possible defense because the language clearly allows for favorable consideration of voluntary participation programs in disciplinary actions. See also C#07126 Regional Arbitrator Eaton, C#02371 Regional Arbitrator Rentfro and C#01340 Regional Arbitrator Snow.