Branch Resolutions Report
As the chairperson of the Branch By- Law and Resolution Committee. I would like to recognize the other Members of the Committee who are President Walter Barton, Area Representative / OWCP Rep Joseph Morelli, Area Representative Bill Rotunda, Director of City Delivery / Safety Patricia Mc Dermott and Trustee Sean Killeen. I would like to advise you that four Resolutions were presented and passed at the Branch 6000 April Membership Meeting. The Resolutions will be forwarded to the New York State Convention Chairman for the delegation to vote on at the July 9-11, 2023 meeting.
The four Resolutions are as follows:
1) ANNUAL LEAVE EXCHANGE
Article 10
Whereas at the present time, Article 10 establishes that Letter Carriers earn annual leave each year, And Whereas the current contractual Language allows for career Carriers to carry over a maximum of 440 hours each year, And Whereas current Memorandum of Understanding, (MOU) 1979 regarding the agreement of the national parties to allow regular work force career employees covered by the USPS-NALC National Agreement to carry over 520 hours of accumulated annual leave from leave year 2022 to leave year 2023. Provisions in the Employee and Labor Relations Manual (ELM) regarding payment of accumulated leave are not changed as a result of this MOU, which expires December 31, 2023.
And Whereas the Employee Labor Manual (ELM) 512.632 Bargaining Unit Annual Leave Exchange allows, Certain national collective bargaining agreements provide a leave exchange option for covered employees. Eligibility and the other terms and conditions for this option are set forth in the applicable collective bargaining agreements and information related to administering the program.
And Whereas the Employee Labor Manual (ELM) 512.633 Non bargaining Unit Annual Leave Exchange states: Career employees permanently assigned to a non-bargaining unit position are provided the option at the end of the calendar year to exchange for cash a given number of hours of the annual leave they would otherwise earn during the next leave year. The minimum and maximum number of hours allowed each year, as well as the leave balance the employee must have at the end of the leave year in which the election is made, and any other requirements, are determined by consultation with Postal Service management associations and specified in information related to administering the program. And Whereas at the present time, Letter Carriers are not permitted to Exchange Annual leave to sell back their annual leave as the APWU or Postal Management, And Whereas City Carrier Assistants are able to sell their remainder Annual Leave after working their 360 day tour each year,
Therefore, it shall be resolved that all NALC City Carriers will be allowed to sell back a maximum of eighty (80) hours of accrued annual leave prior to the beginning of the leave year.
2) Article 28
Whereas Article 28 of the National Agreement (NA) provides structure and criteria for the Employee debt collection process that the Service must meet to collect alleged debt form USPS City Letter Carriers. And Whereas Article 28 of the NA provides the NALC opportunity and authority to advocate for the bargaining unit to assure that Management meets the criteria of Article 28, as well as Chapter 4 of the Employee and Labor Relations Manual (ELM). And whereas the contract makes clear that if a grievance is filed by the NALC citing a violation of Article 28, that the collection process will be arrested until the adjudication of the grievance. Article 28 Section 4.A states:
28 Section 4.A Collection Procedure
A. If a grievance is initiated and advanced through the grievance/ arbitration procedure or a petition has been filed pursuant to the Debt Collection Act, regardless of the amount and type of debt, collection of the debt will be delayed until disposition of the grievance and/or petition has (have) been had, either through settlement or exhaustion of contractual and/or administrative remedies.
Whereas often times the USPS accounting center in Eagan Michigan acts unilaterally in the violation of Article 28 Section 4.B of the NA in the collection and holding of unadjudicated alleged debt, after a timely grievance was filed. And whereas such unilateral action causes an inequitable and unfair due process violation to the alleged debtor as well as an undue burden on the NALC to police a part of the USPS that they have no access to. Therefore, let it be resolved that an additional section to Article 28 be added (4.C) That will read:
28 Section 4.C
Upon the timely grievance being filed, citing an Article 28 violation; the Branch President, or their designee, will send a request in writing, to the District Manager, or their designee for confirmation that Eagan has arrested the collection procedure for the alleged debt. The Union will forward the PS form 8190 with the Local grievance number. In return, within a reasonable amount of time the Branch President or their designee will be furnished with a confirmation notice complete with Confirmation Number of the debt being held in abeyance in compliance of Article 28 Section.4. A
In those instances where this provision is or has been violated and a timely grievance filed, employees will be immediately compensated the full amount of the alleged debt collected at the local level.
3) Article 14 Safety and Health
Whereas Article 14 of the USPS-APWU Joint Contract Interpretation Manual (JCAM) states in part:
HEATING/COOLING
The Postal Service’s Energy Conservation Program provides a heating maximum of 65 F, and a cooling minimum of 78 F. Common sense and reasonable adjustments are to prevail when temperatures are significantly out of line. Whereas ASM 13 – Administrative Support Manual Section 541.11 states in part: All installation heads must follow these energy conservation measures:
b. Maintain a maximum heating temperature of 65 degrees Fahrenheit during work hours and 55 degrees Fahrenheit during nonworking hours.
c. Maintain a minimum cooling temperature of 78 degrees Fahrenheit during working hours and no cooling during nonworking hours.
Whereas the United States Postal Service implemented the Heat Illness Prevention Program (HIPP) to protect employees from heat related illness and to educate them on how stay safe during hot weather. The HIPP states in part: The Postal Service will implement procedures to ensure that: Potable water sources are available in all facilities and are monitored during regular safety inspections. An escalation process is put into place to prioritize all requests for HVAC repairs and temporary abatement efforts in postal facilities.
Therefore, it shall be resolved that language be added in Article 14 of the National Agreement/JCAM as stated below:
HEATING/COOLING
The Postal Service’s Energy Conservation Program provides a heating maximum of 65 F and a cooling minimum of 78 F. Common sense and reasonable adjustments are to prevail when temperatures are significantly out of line while carriers are performing office work in postal facilities. The Postal Service will ensure that potable water sources are available in all facilities and are monitored during regular safety inspections. In the event of an increase in temperature, the Postal Service will explore all possible avenues to implement temporary heat abatement efforts in postal facilities. including but not limited to, an escalation process put into place to prioritize all requests for HVAC repairs, and city letter carriers will be encouraged to take additional breaks, in addition to their regular scheduled break(s), as necessary to mitigate the impact of excessive heat.
4) Pro -Master Certification
Whereas: Pro -Master training in the locations which utilize both the Pro-Master and the LLV for management to combine the training into one session. Whereas: Presently not given to CCAs / PTFs while at the Letter Carrier Facilities on vehicle certification day. Whereas: Initial issuance - an employee shall be issued a Certificate of Vehicle Familiarization and safe operation when such employee has a valid state driver's license, passes the driving test of the USPS and has a satisfactory driving history. (vehicle certification is presently for LLV’s only). Whereas: USPS Employees were approved to take driving tests on LLV.s Whereas: Article 41 states in part that carriers only need be provided with a vehicle to complete their assignment. Whereas: If this training were incorporated into the training day at the carrier academy it would better serve the station they are assigned to and be more “cost effective “and efficient if both trainings were done on the same day. Rather than CCA ‘s and PTF’s returning on a later date for Pro-Master Vehicle training and certification and including mileage reimbursements that often must be given. Whereas: Under Article 12 of the National Constitution, I would like to submit this resolution for consideration by the appropriate committee
Therefore, that the National Union negotiate with the USPS to add Pro-Master Training to the letter carrier training facilities; to be included officially and incorporated into the collective bargaining agreement.
