Protection of Hold Down Opportunities
First, I would like to begin by thanking the membership for their trust in me when they elected me to be the Financial Secretary and an Area Representative of Branch 6000. I can tell you that I know the job is not going to be easy. However, my fellow executive board members who I have worked with for many years have prepared me well for the new challenge. I would like to congratulate Richie McLehose on his election of President, as well as all my fellow board members in their respective positions. We have a great team, and our branch is in good position for the many challenges ahead.
I have made my rounds visiting my newly assigned offices in the first few weeks in January. I have noticed an alarming trend all over. Management has hired too many CCAs and PTFs, and now has decided the way out of this is to remove carriers from their Hold Downs and spread the hours. One of the best benefits you have when you are a CCA or PTF is the ability to use your seniority to get an assignment to “hold down. This occurs when there is a vacation, or a carrier is out on a detail/ injury and that assignment is anticipated to be 5 or more days.
When you have a Hold Down assignment you want to opt on, the first thing you should do is put the request in writing. There is no special form you need, but a manager’s signature is imperative. Make a copy of the signed acceptance for you and your steward. That way you have proof of acceptance. This is very important for the potential grievance; in case you are removed from the assignment.
The Hold Down gives you the right to the regular schedule of the route. This includes both the hours of the regulars’ schedule and the regularly scheduled days. Remember, this does not guarantee you the days off of the assignment. Management has right to schedule you wherever they want on the routes Non-Scheduled days. What they can’t do is switch the Nonscheduled days to save you from working Overtime. This would be a violation of Article 41. Once you have been awarded a Hold Down, the assignment is for the duration. You cannot voluntarily leave it, and Management cannot remove you unless they need to provide a regular with eight hours of work. If a regular does not have eight hours of work, the Hold down assignment should be the last option to fill the regulars schedule, not the first. The Hold Down ends when the carrier returns to perform any duties of the route.
How do I find a Hold Down in my office? Some offices post the Hold Down opportunities, some are word of mouth, and sometimes you just look at the vacation board and see who is taking leave. Talk to your steward and find out how you can opt on a Hold Down. Use your seniority to its best advantage. I have provided some of the relevant language below.
Article 41 states in part:
Removal from Hold-Down. There are exceptions to the rule against involuntarily removing employees from their hold-downs. Part-time flexible employees and city carrier assistants may be “bumped” from their hold-downs to provide sufficient work for full-time employees. Full-time employees are guaranteed forty hours of work per service week. Thus, they may be assigned work on routes held down by part-time or city carrier assistant employees if there is not sufficient work available for them on a particular day (H1N-5D-C 6601, September 11, 1985, M-00097).
Duration of Hold-Down. Article 41.2.B.5 provides that once an available hold-down position is awarded, the opting employee “shall work that duty assignment for its duration.” An Opt is not necessarily ended by the end of a service week. Rather, it is ended when the incumbent carrier returns, even if only to perform part of the duties—for example, to case but not carry mail.
Page 41-10 of the JCAM states:
Eligibility for opting. Full-time reserve letter carriers, full-time flexible schedule letter carriers, unassigned full-time carriers, part-time flexible carriers, and city carrier assistants may all opt for hold-down assignments.
Page 41-13 of the JCAM states (pertinent parts):
Duration of Hold-Down. Article 41.2.B.5 provides that once an available hold-down position is awarded, the opting employee “shall work that duty assignment for its duration.” An opt is not necessarily ended by the end of a service week. Rather, it is ended when the incumbent carrier returns, even if only to perform part of the duties—for example, to case but not carry mail.
Page 41-16 of the JCAM states (pertinent parts):
Schedule Status and Opting. Employees on hold-downs are entitled to work the regularly scheduled days and the daily hours of duty of the assignment (H8N-1M-C 23521, June 2, 1982, M-00239).
JCAM page 41-16 states:
Scheduled Days and Opting. The distinction between the guarantee to work certain scheduled days and the right to specific days off is important. An employee who successfully opts for a hold-down assignment is said to be guaranteed the right to work the hours of duty and scheduled days of the regular carrier. It must be noted, however, that days off are “assumed” only in the sense that a hold-down carrier will not work on those days unless otherwise scheduled. In other words, a hold-down carrier is not guaranteed the right to not work on non-scheduled days. Of course, this is the same rule that applies to the assignment’s regular carrier, who may, under certain conditions, be required to work on a non-scheduled day.
