Additional Contract Changes (Continued)

Please review additional and final changes to the JCAM language.

Again, this is your Union and your contract.  Keep yourself educated as to what is going on and what can affect your rights and your money.

Article 13, Page 13-10;

Limited duty work is addressed in Article 21.4 of the National Agreement. (See JCAM pages 21-4 through 21-6)

All Limited Duty language was moved to Article 21.

Article 15, Page 15-4

When appealing a grievance to Formal Step A, day one is the day following the receipt of the supervisor’s oral decision.  In appealing any grievance beyond Informal A, a union representative has until the last day to send the appeal. Thus, the appeal must be sent – faxed or e-mailed; postmarked or hand delivered; on or before the seventh day following the informal Step A decision. To avoid problems union representative should not wait until the last day.

This amended language expands the methods that the union can use to appeal a grievance from Informal Step A in an effort to modernize the appeal process and eliminate many of the disputes that arise over this part of the grievance procedure.

Page 15-6

Resolutions and withdrawal at Formal Step A do not establish a precedent unless the parties specifically agree otherwise or develop an agreement to dispose of future similar or related problems.

This amended language recognizes the actual contract language from Article 15-2, Formal Step A

Page 15-8

The Step B teams must give priority to considering and deciding removal, then 16-7, then 16-6 cases.

Grievances at Step B are normally heard, and decision handed down in the order they are received with the exception of removal cases.  Removals go to the top of the stack.  This amended language establishes priority consideration for emergency and indefinite suspension cases after removal cases.

Page 15-14 and again at 15-18

(This read is for arbitration advocates setting rules for both parties)

Page 15-19

The decisions of an expedited arbitrator are final and binding.  However, they do not set precedent and may only be cited to enforce their terms.

(This language recognizes that expedited arbitration awards may be cited to enforce their terms).

Article 16, Page 16-9

The same Article 16-7 provisions that apply to career letter carriers apply to CCAs as shown in Appendix B, 3. Other Provisions, Section E. Article 16 – Discipline Procedure.

This language acknowledges that CCAs have the same rights under Article 16.7 as career letter carriers.

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Page 16-13

Discipline issued to a CCA may not be considered or cited in determining whether to issue discipline to the CCA employee after his or her conversion to career status.

(This new language acknowledges that discipline issued to a CCA cannot be considered or cited after the CCA converts to a PTF or full-time career letter carrier).

Page 21-6

An exception to the prohibition on dual MSPB-Grievance filing occurs where a compensably injured employee (whether a veterans preference employee or not) appeals to the MSPB a failure of the Postal Service to restore him/her to limited or full duty in accordance with 5 USC 8151 (b) and Title 5 CFR, Part 353.  In this circumstance, there is no bar to pursuing a grievance to arbitration and through MSPB simultaneously.

(This new language does not change anything.  It just recognizes existing law).

Page 41-14

However, the employee may voluntarily choose to end the hold-down at any time and assume his new assignment under this circumstance.

(This new sentence incorporates changes in the 2016 and 2019 National Agreements into JCAM language).