CCA’s and Opting (Hold Downs)
This Article explains the eligibility and procedures for CCA’s to opt on assignments of 5 days or more. The procure is also known as placing a Hold Down on an assignment. In addition to vacation weeks selected by carriers in a particular office they may be opting available for CCA’s on assignments were carriers are out because of Illness, Injury, Higher Level Assignments (204B’s), Military Leave and other circumstances.
CCAs who have been employed 60 calendar days from the date of their appointment have the right to “opt” (Also known as a Hold Down) on temporarily vacant full-time assignments. When an assignment is temporarily vacant for five days or more (because the regular letter carrier is on vacation, ill, the assignment temporarily has no regular letter carrier assigned, etc.), CCAs may exercise their right to opt to work (or hold-down) that assignment for the duration of the temporary vacancy by submitting a request to their supervisor. The request should be submitted in writing, and CCAs should keep a copy of the request. If no eligible career letter carrier (Such as an PTF or Unassigned Regular) has requested to work the assignment, the opt will be awarded to the eligible CCA with the highest relative standing who requested it and is not already on another opt.
The National Agreement does not set forth specific procedures for announcing vacancies available for hold-downs. However, procedures for announcing vacancies and procedures for opting for hold-down assignments may be governed by local memorandums of understanding (LMOUs) or past practice (memorandum, Feb. 7, 1983, M-00446). The LMOU or past practice may include: method of making known the availability of assignments for opting, method for submission, a cutoff time for submission and duration of hold-down. In the absence of an LMOU provision or mutually agreed-upon local policy, the bare provisions of Article 41.2.B apply. In that case, there is no requirement that management post a vacancy, and carriers who wish to opt must learn of available assignments by word of mouth or by reviewing scheduling documents. For the posting procedures in your office, a CCA should ask your shop steward.
When a CCA has successfully awarded a hold down assignment the CCA shall work that duty assignment for its duration unless one of the exceptions stated below exist. In addition, it must be noted that an opt (Hold Down) is not necessarily ended by the end of a service week. Rather, it is ended when the regular carrier returns, even if only to perform part of the duties—for example, to case but not carry mail.
Exceptions to the Duration clause in Article 41 include the following:
Vacation: If a carrier who has successfully bid on a hold down assignment and then has a vacation scheduled, then Such an employee may reclaim and continue a hold-down upon returning to duty (Step 4, H4N-3U-C 26297, April 23, 1987, M-00748). If the opting employee’s absence is expected to include at least five days of work, then the vacancy qualifies as a new hold-down within the original hold-down. Such openings are filled as regular hold-downs, such that the first opting carrier resumes his or her hold-down upon returning to duty— until the regular carrier returns.
Break in Service: When a CCA who has a break in service while on a hold down assignment this situation is addressed by questions 69 and 70 of the national parties’ joint “Questions and Answers, 2011 USPS/NALC National Agreement” (M-10833), which state:
69. Will the 5-day break in service between 360-day terms end an opt (hold-down)?
No.
70. Does the 5-day break at the end of a 360-day appointment create another opt (hold-down) opportunity?
Only where the break creates a vacancy of five workdays. In such case the opt is for the five day period of the break.
BUMPING: CCAs can be “bumped” from a hold-down to provide a PTF employee assigned to the same location with 40 hours of straight time work to which they are entitled under Article 7.1.C of the National Agreement. Question 67 of the national parties’ joint “Questions and Answers, 2011 USPS/ NALC National Agreement” (M-10833) clarifies this as such: 67.
Can a CCA be taken off an opt (hold-down) in order to provide a part-time flexible employee assigned to the same work location with 40 hours of straight-time work over the course of a service week (Article 7, Section 1.C)?
Yes, a CCA may be “bumped” from an opt if necessary to provide 40 hours of straight-time work over the course of a service week to part-time flexible letter carriers assigned to the same work location. In this situation the opt is not terminated. Rather, the CCA is temporarily taken off the assignment as necessary on a day-to-day basis.
To provide sufficient work for full time employees: Full-time employees are guaranteed 40 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, Sept. 11, 1985, M-00097). In such situations, the part-time flexible or city carrier assistant employee’s opt is not terminated. Rather, the employee is temporarily “bumped” on a day-to-day basis.
It must be noted that Bumping a carrier from a hold down position (Including a CCA) regardless if it’s to provide a PTF employee assigned to the same location with 40 hours of straight time work to which they are entitled under Article 7.1.C or to provide sufficient work for full time employees is only done as a last resort as reflected in a Step 4 settlement and the Joint Questions and Answers which provides.
(H1N-5D-C 7441, Oct. 25, 1983, M-00293)A PTF, temporarily assigned to a route under Article 41, Section 2.B shall work the duty assignment, unless there is no other eight-hour assignment available to which a full-time carrier could be assigned. A regular carrier may be required to work parts or “relays” of routes to make up a full-time assignment. Additionally, the route of the “hold-down” to which the PTF opted, may be pivoted if there is insufficient work available to provide a full-time carrier with eight hours of work.
In the above language, as well as any other language regarding the application of opting and hold-down rules, the provisions that apply to PTFs also apply to CCAs. Question 66 of the national parties’ joint “Questions and Answers, 2011 USPS/NALC National Agreement” (M-10833) clarifies this as such:
66. Is there a difference in the application of opting (hold down) rules between part-time flexible city carriers and CCAs?
No. Again, removal from hold-downs should always be a last resort, provided that no other work is available in the delivery unit that the part-time flexible or full-time employees can perform.
One last exception to the exception of the duration cause of Hold Down assignments may occur based on the language contained in your office Local Memorandum Of Understanding. Some LMOUs allow the regular carrier on a route to “bump” the carrier technician to another route when the regular carrier is called in on a non-scheduled day to work on his/her own route. In such cases, the carrier technician is allowed to displace an employee who has opted on an assignment on the technician’s string if none of the other routes on the string are available. In this situation, a part-time flexible or city carrier assistant employee’s opt is not terminated. Rather, he/she is temporarily ‘’bumped” on a day-to-day basis. (See Step 4, N8-N-0176, Jan. 9, 1980, M-00154.)
Lastly it must be noted while CCA’s, who have been employed 60 calendar days from the date of their appointment have the right to “opt” (Also known as a Hold Down) on temporarily vacant full-time assignments they are not guaranteed eight hours daily or 40 hours weekly work by virtue of the hold-down alone and are are also not guaranteed the right to not work on non-scheduled days. If any CCA has any further questions or want further clarification on Hold Down Assignments they should ask there Shop Stewards in the Installation they are employed in.
