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Sunriver Regional Assembly |
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ARTICLE 6 27. Postal employees, once hired, are protected from layoff for the rest of their careers. False - See JCAM page 6-6 Beginning in 1978, a national arbitrator ruled that employees may only gain life-time protection against layoffs after September 15, 1978, if they have six continuous years of service in the regular work force and work at least one hour or receive a call-in guarantee in lieu of work in 20 of the 26 pay periods during each anniversary year. 28. An employee may not be adversely impacted by the use of FMLA relating to achieving protected status. True - 29 CFR 825
ARTICLE 7 29. Part-time flexible letter carriers are guaranteed 40 hours of work at straight time rates before casual employees may be scheduled. False - See C#00403 National Arbitrator Gamser 30. Casuals are either letter carriers or clerks. False - See Article 7. 1. B. 3. Casuals may work in both crafts , however the casual cap in the letter carrier craft is 31/2%. 31. If a casual works on Monday of a work week for eight hours and a PTF is not scheduled that day, a violation of the contract has occurred at that time. False - See National arbitration award AC-C-13148 and 14767 National Arbitrator Gamser concluded that the National Agreement does not require that all PTFs at an installation must receive 40 hours at the straight time rate before any casual is scheduled. 32. Part-time flexible employees should be utilized across craft lines in lieu of utilizing casual employees. True - See M-00312 Memorandum June 22, 1976 (Conway) 33. Management may work employees across craft lines without restriction in offices of less than 100 employees. False - See C#05959 Regional Arbitrator Rotenberg The restrictions found in Article 7 on management's rights to work employees across craft lines apply regardless of the size of the office or any past practice to the contrary. 34. RCA's are absolutely prohibited from working in the carrier craft. False - M-01193 and M-01197 Step 4 In emergency circumstances only RCA's can work in the carrier craft. Also, under a temporary dual appointment per ELM 323.61. 35. Any manual sortation or preparation of mail for delivery on city delivery routes which have divisions down to the specific addresses on the route will be done by letter carriers. True - M-00777 Segmentation Settlement Agreement March 9, 1987 While clerks may make sortations to directs on a letter carrier's route, clerks may not make what is called a "tertiary" sortation. 36. When a full-time regular position is vacated in an installation by retirement or some other means, the Postal Service must immediately promote the senior part-time flexible to regular status. False - See M-00407 Step 4 In this particular case, the Postal Service took the position that they have every right to wait for a residual vacancy (that is, an assignment left unbid) before assigning the senior part-time flexible to fun-time status. 37. When management combines work in different crafts to make a full-time position, they must first get the approval of the crafts involved. False Article 7, Section 2.A. only requires management to inform the Unions in advance of the reasons for combining such work. 38. The Postal Service may reassign an employee to another craft due to their inability to work safely. False - See M-00081, Pre-arb The parties have agreed that an employee may volunteer for reassignment to another craft, but the Postal Service may not unilaterally make such a reassignment for safety reasons. 39. Time worked by a part-time flexible carrier on an opted assignment is creditable for purposes of meeting the maximization criteria of Article 7, Section 3. C. True - See C#05070 National Arbitrator Mittenthal 40. In an office with more than 200 man years of employment, full-time flexible regular positions count in the 88% full-time employees required pursuant to Article 7.3.A. True - See National arbitration award HIC-NA-C-120, Article 7.3.A. Full-time flexible regulars are counted as part of the 88 % for purposes of satisfying that full-time requirement under Article 7.3.A. When PTFs are entitled to conversion to full time under Article 7.3.A. and the Maximization Memorandum, management must first convert employees to full-time regular under the 88% staffing requirement, then additional employees meeting the Maximization Memorandum criteria would be converted to full-time flexible regular. 41. Criteria for conversion found in Article 7.3.C. applies only to offices of 125 man years or more. False - See M-01032 Step 4 Article 7.3.C contains no limit on size of office. 42. A full-time flexible employee established per the Article 7 Memorandum is the same as an unassigned regular defined in Article 41, Section 1.A. False - See M-00524, M-00791 Pre-arb, October 29, 1987 and M-00551 Step 4's Back to [WSALC] back to Q&A home page |