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ARTICLE 38
All craft positions listed in the EL-20l Handbook assigned to the Maintenance Craft shall be under the jurisdiction of the Maintenance Craft Division of the American Postal Workers Union, AFL-CIO. A. Maintenance Craft. All employees in maintenance craft positions for which the Union has secured recognition at the national level. B. Installations. A main post office, airport mail center or facility, terminal, bulk mail center, processing and distribution center or facility, Maintenance Support and Repair Facility or any similar organizational unit under the direction of one postal official, together with all stations, branches and other subordinate units. C. Duty Assignment. A set of duties and responsibilities within a recognized occupational group and level regularly scheduled during specific hours of duty. D. Preferred Duty Assignment. A duty assignment preferred over the present duty assignment by an employee eligible to bid for such duty assignment when it is posted for bid. This bidding is done among qualified employees in the same level and occupational group as the vacant duty assignment. E. Service Seniority. Service Seniority is based on total part-time or full-time service in the Maintenance Craft, regardless of occupational group and level. It begins with an appointment to the regular part-time or full-time work force in the Maintenance Craft. An exception is a part-time regular employee who is converted to a full-time regular position begins a new period of service seniority. Employees who were on the rolls before May 1, 1958, who had temporary or indefinite appointments, which continued to career appointments, retain seniority credit for combined temporary, indefinite and career employment which was continuous in the same position designation and installation. F. Installation Seniority. This seniority is computed from entry into the maintenance craft in the installation. It continues to accrue so long as service in the maintenance craft and installation is uninterrupted. G. Seniority for Preferred Assignments. This seniority determines relative standing among regular work force employees eligible to bid for preferred assignments. 1. Employees who enter into a regular work force position in a particular occupational group and level prior to June 25, 1992, shall have seniority for preferred assignments computed from entry into regular work force position in a particular occupational group and level. It continues to accrue so long as service in the same occupational group and level, and installation is uninterrupted. See section 5.A.3. of this Article for order of placement on preferred assignment registers. 2. Employees who enter into a regular work force position in a particular occupational group and level on or after June 25, 1992, shall use installation seniority for preferred assignments. See section 5.A.3. of this Article for order of placement on preferred assignments registers. H. Occupational Group. In the Maintenance Craft, occupational group shall be determined by position designation and level. I. Arbitrary. The word arbitrary, when used in Article 38, shall mean a management initiated, non-disciplinary reassignment of an employee. A. Introduction The U.S. Postal Service and the Maintenance Craft Division, APWU, AFL-CIO, agree to the following seniority principles which replace all former rules, instructions and practices. This Section of this Article will continue relative seniority standings properly established under past instructions, rules, and regulations. Provisions of this Section of this Article shall be so applied in determining those relative seniority standings. B. Coverage This Seniority Section applies to all regular work force Maintenance Craft employees when it is necessary for filling vacant assignments and for other purposes. No employee solely by reason of this Article shall be displaced from an assignment he/she gained in accordance with former rules. C. Responsibility The installation head is responsible for day-to-day administration of seniority. The application of this Article shall be open to negotiations at the installation level with the designated agent of the Union. D. Seniority Lists A current seniority list shall be posted in each installation. A copy of an updated seniority list shall be furnished quarterly to the local Union. For each employee, it shall show: 1. Service seniority. 2. Seniority for preferred assignments. E. Loss of Seniority 1. Employees who change from one craft to another shall begin a new period of seniority for preferred assignment. 2. Change from one postal installation to another; except as specified under F and I below, will require the start of a new period of seniority for preferred assignment. F. Restoration of Service Seniority and Seniority for Preferred Assignments Except as provided in Article 12, Section 2.B, seniority is restored as if service had been continuous upon: 1. Reemployment after Disability Separation. On reinstatement or reemployment after separation caused by disability, retirement, or resignation because of personal illness and the employee so stated this reason in the resignation and furnished satisfactory evidence for inclusion in the employee's personnel folder, the employee receives seniority credit for past service for time on the disability retirement or for illness if reinstated or re-employ in the same installation and in the same salary level from which separated; provided application for reinstatement or reemployment is made within six months from the date of recovery. The date of recovery in the case of disability retirement must be supported by notice of recovery from the Compensation Group, Office of Personnel Management, and in the case of resignation due to illness by statement from the applicant's attending physician or practitioner. 2. Restoration in the same installation after military duty. 3. Restoration to the employee's former position in the same installation after unwarranted or unjustified separation. 4. Involuntary reassignment to another installation. 5. Arbitrary change in the same installation to a lower PS level to the position designation and level from which promoted. G. Reduction of Seniority for Preferred Assignments 1. If, prior to June 25, 1992, an employee was voluntarily or for disciplinary reasons changed to a lower salary level in the same installation and the salary level was in the same occupational group and level from which promoted, seniority is established as the employee's former period of seniority without credit for employment in any other higher level or levels. 2. If the change was to a lower salary level in the same installation and the level was other than the occupational group from which promoted, whether the change was for voluntary, arbitrary or disciplinary reasons, seniority is established as one day less than the junior regular work force employee in that level and occupational group or the employee's own seniority, whichever is lesser, if the employee was changed to a lower salary level prior to June 25, 1992. 3. If the change to a lower salary level occurs on or after June 25, 1992, seniority for preferred assignments shall be determined in accordance with section 2.F.2 of this Article. See section 5.A.3 of this Article for order of placement on preferred assignment registers. H. Seniority Granted by Law Employees who are restored to postal duty in compliance with law or regulation after military training or extended military duty lose no seniority. I. Change in Which Seniority is Modified The seniority for Maintenance Craft employees who are reassigned between installations as the result of a mutual exchange in accordance with applicable provisions of the Employee and Labor Relations Manual will be established for both employees as that of the junior employee involved. J. Seniority for Breaking Ties When it is necessary to determine the seniority ranking for two or more employees who are reassigned or promoted to vacancies in the same occupational group and level in the Maintenance Craft on the same day, the following shall be used to break any tie that might exist: 1. Maintenance Craft Installation Seniority 2. Maintenance Craft Service Seniority 3. Total Maintenance Craft Service 4. Total Postal Career Service 5. Total Postal Service 6. Total Federal Career Civilian Service 7. Numerical by the last 3 or more numbers (using enough numbers to break the tie, but not fewer than 3 numbers) of the employee's social security number, from the lowest to highest. K. Excess Employees Installation Seniority governs in identifying excess employees within an occupational group and level. A. In the Maintenance Craft all vacant duty assignments shall be filled as follows: 1. When a vacant or newly established duty assignment is to be filled, the Employer shall post for a period of seven calendar days, a notice of intent that the duty assignment will be filled using the appropriate preferred assignment selection register and/or promotion eligibility register, except for newly established positions as defined in Article 1, Section 5. Such positions shall be posted as they are created and assigned to the craft unit. A copy of the notice of intent shall be furnished to the local Union. In addition, any employee on sick leave or off-site training on the day of posting shall be furnished a copy of any applicable notice of intent. Employees absent for annual leave who have requested in writing, stating their mailing address, shall have a copy of any applicable notice of intent mailed to them. When newly established positions as defined in Article 1, Section 5, are created in an installation or when an established position, for which no promotion eligibility register has been created, is added in an installation, the Employer shall post a notice on all official bulletin boards soliciting applicants for inclusion on the promotion eligibility register. The notice shall be posted for thirty (30) calendar days. The employees who apply will receive the results of their application(s) no later than one hundred fifty (150) days from the closing date of the application period, provided the applications have been properly completed by the applicants. Within fourteen (14) days of the date of the receipt of the promotion eligibility register results, a notice of intent to fill the position shall be posted and the position filled in accordance with the provisions of Article 38. 2. All vacant duty assignments shall be posted by notice of intent within 30 days from when vacancy occurs. If a duty assignment has not been posted within 30 days, the installation head or designee shall advise the Union in writing as to the reasons the duty assignment is being withheld. 3. If the vacant assignment is reverted, a notice shall be posted within 10 days advising of the action taken and the reasons therefor. 4. When it is necessary that fixed scheduled day(s) of work in the basic work week for a craft assignment be permanently changed, or that the starting time for such an assignment be changed by 2 or more hours, the affected assignment(s) shall be reposted, by notice of intent. An exception to the requirement to repost an assignment where the change in starting time is 2 or more hours may be negotiated locally. If the incumbent in the assignment has more seniority for the preferred assignment than the senior employee on the preferred assignment eligibility register for those off days or hours, the employee may remain in the duty assignment, if the employee so desires. 5. The determination of what constitutes a sufficient change of duties or principal assignment areas, to cause the duty assignment to be reposted shall be a subject of negotiations at the local level. B. Place of Posting The Employer agrees to post on an appropriate bulletin board the registers of eligible employees when such registers are established. C. Information on Notice of Intent 1. The duty assignment by position title and number (e.g., key, standard, or individual position). 2. PS salary level. 3. Hours of duty (beginning and ending). 4. The principal assignment area (e.g., section and/or location of activity). 5. Qualification standards, including occupational code numbers when such standards and numbers are available. 6. The fixed or rotating schedule of days of work. 7. Physical or other special requirements unusual to the specific assignments. A. Preferred Assignment 1. The Employer will maintain and/or establish preferred assignment selection registers. During the first fourteen days in January of each year a notice advising the employees of the opportunity to submit changes in preferred assignment selections shall be posted on all official bulletin boards at the installation, including stations and branches, to assure that it comes to the attention of all employees eligible to submit forms. 2. The employee shall indicate preference(s) for any vacancy that may occur during that year, including tours and days off. Change in preferred assignment selections shall be submitted on or before January 31. If requested, an employee will be allowed to review the preferred assignment registers and the employee's own preferred assignment selection form(s). If the employee does not submit a change in preferred assignment selections during this period, existing preferred assignment selections shall continue. 3. Newly established or vacant duty assignments shall be filled by senior employees on the appropriate preferred assignment registers. The relative standing for employees on the appropriate preferred assignment register shall be: a. employees by preferred assignment seniority who entered a particular occupational group and level in an installation prior to June 25, 1992, followed by b. employees by preferred assignment seniority who entered a particular occupational group and level in an installation on or after June 25, 1992. 4. All vacant or newly established craft duty assignments shall be filled from a preferred assignment register established on the basis of assignment selection forms submitted by Maintenance Craft employees. 5. Where a vacant or newly established duty assignment cannot be filled from an established preferred assignment register, and the assignment is to be filled by means of a promotion, selection shall be made from the appropriate promotion eligibility register. 6. An employee may submit a new or amended preferred assignment selection form in the following situations: a. the employee is promoted; b. the employee's duty assignment is eliminated; c. the duty assignment would result in the employee being assigned closer to the employee's place of residence; d. because of substantiated medical or health reasons whereby continuation in the employee's present assignment would be harmful; e. three times during each calendar year, an employee may submit additional preferred assignment selection forms. The times selected for submitting the additional preferred assignment selection forms shall be at the option of the employee. 7. When a part-time regular employee submits a preferred assignment form for a full-time regular position within the employee's salary level and occupational group, the employee will be awarded the vacant duty assignment before promoting a full-time employee from a lower salary level and occupational group, or before any lateral transfer, providing that the part-time regular is senior to the full-time employee in the lower level. 8. Any unassigned employee who fails to submit a preferred assignment selection form, or who fails to be awarded a duty assignment of his choosing may be assigned to any vacant duty assignment. 9. Employees shall be notified in writing, within 15 calendar days of entering the Maintenance Craft in an installation, that they have 30 days in which to apply for and be placed on the appropriate preferred assignment register. 10. After all employees within an occupational group and level have been assigned pursuant to a notice of intent, consideration for filling the residual vacancy will be given to a higher level qualified employee who has previously submitted a written request for assignment to a lower level. 11. An employee who is listed on the appropriate register for a vacant assignment shall have the right to with-draw a preferred assignment or promotion selection, in writing, at any time, but not later than the closing time (hour and date) for the posting of the notice of intent. Such withdrawal, to be effective, should be back-stamped. B. Promotions 1. The Employer shall continue to maintain all existing promotion eligibility registers established under the new maintenance selection system to be used for the purpose of filling vacancies in particular occupational groups and levels. A promotion eligibility register shall be established for each occupational group and level for which there is a position existing or newly authorized in an installation. Registers established under the new maintenance selection system remain in effect throughout the life of this Agreement. Promotion eligibility registers developed by other than the new maintenance selection system shall remain in effect until such time as new registers are established by the new maintenance selection system. 2. The following positions in the Maintenance Craft shall be filled on the basis of seniority (senior qualified within occupational group and level) in accordance with the procedures established in Section 5, Article 38. a. Custodian PS-2 (KP-1)-from any lower level b. Custodial Laborer PS-3 (SP 6-13)-from any lower level c. Laborer Materials Handling PS-3 (SP 1-11)-from any lower level d. Elevator Operator PS-3 (KP-2)-from any equivalent or lower level e. Elevator Starter PS-4 (SP 6-3)-from Elevator Operator PS-3 (KP-2) f. Maintenance Mechanic PS-5 (SP 6087)-from Maintenance Mechanic PS-4 (SP 6086) g. Area Maintenance Technician PS-8 (SP 6-77) from Area Maintenance Specialist PS-7 (SP 6-78) h. Materials Handling Equipment Operator PS-4 (SP l-9)-from Laborer Materials Handling PS-3 (SP 1-11) i. Cleaner-in-Charge PS-4 (SP6-51)-from Custodial Laborer PS-3 (SP 6-13) j. Group Leader, Custodial PS-4 (SP 6-58)-from Custodial Laborer PS-3 (SP 6-13) k. Maintenance Support Clerk PS-6 (SP-6090) -from Maintenance Support Clerk PS-5 (SP-6089) l. Maintenance Mechanic, MPE PS-7 (SP-6064)-from Maintenance Mechanic PS-5 (SP-6087) m. Electronic Technician PS-9 (SP-6080) - from Maintenance Mechanic MPE PS-7 (SP-6064) 3. Lateral transfers, that is, transfers in the same level, but to a different occupational group shall be determined in the same manner as promotions. 4. When an occupied position is upgraded on the basis of duties which are added to the position: a. The incumbent will remain in the upgraded job provided the incumbent has been in that job for more than one year. The year of required incumbency in the job begins when the duty or duties were added which permitted the job to be reranked. b. The job will be awarded in accordance with the Agreement if the incumbent has not been in the job more than one year since the date when the duty or duties were added which later permitted the job to be reranked. 5. To fill a vacant duty assignment at levels PS-6 and above, a notice of intent will be posted to fill the vacancy and all residual vacancies using the preferred assignment eligibility registers and/or promotion eligibility registers, as necessary, until a level PS-5 Maintenance Craft vacancy occurs. To fill a vacant duty assignment at levels PS-4 and PS-5 a notice of intent will be posted to fill the vacancy and all residual vacancies using the preferred assignment eligibility registers and/or promotion eligibility registers, as necessary, until a level PS-3 vacancy occurs. To fill a vacant duty assignment at levels PS-3 and below, a notice of intent will be posted to fill the vacancy and all residual vacancies using the preferred assignment registers and/or promotion eligibility registers. 6. Employees shall be notified in writing within 15 calendar days of entering the Maintenance Craft in an installation, that they have 30 days in which they may request to be placed on the appropriate promotion eligibility registers. The employees who apply will receive the results of their application(s) no later than one hundred fifty (150) days from the submission date of the application, provided the applications have been properly completed by the applicants. 7. Every three years, during the month of March, beginning with March 1, 1997, maintenance craft employees who are not on a promotional eligibility register(s), may apply for inclusion on the appropriate promotional eligibility register(s). Notification will be posted on the bulletin board on or before March 1st of the open season year. The employees who apply will receive the results of their application(s) no later than one hundred fifty (150) days from March 31, provided the applications have been properly completed by the applicants. 8. a. The Employer will convert to banded scores all achieved scores for maintenance craft positions and will list all successful applicants for such positions on promotional eligibility registers in order of their banded scores. To determine the successful applicants' banded scores, the Employer will apply fixed 5-point bands to successful applicants' achieved scores of 70.1 and above and fixed 2-point bands to candidates' achieved scores below 70.1. For scores of 70.1 and above, the fixed 5-point bands will be: 95.1-100 90.1- 95 85.1- 90 80.1- 85 75.1- 80 70.1- 75 For scores below 70.1, the fixed 2-point bands will be 68.1-70, 66.1-68, 64.1-66, 62.1-64, etc. The Employer will convert all achieved scores within each band to the highest score within that band. For example, all achieved scores between and including 70.1 and 75 will become banded scores of 75. b. Where the achieved score is calculated with respect to a 200-point range, the score shall be divided by two before applying the banding principles in section 5.B.8.a. of this Article. Where the achieved score is calculated with respect to any other range that is not a 100-point range, the score shall be converted in a similar fashion. c. Where the application of the foregoing banding rules creates ties among successful applicants, the Employer will rank tied successful applicants in the seniority order specified in Article 38.3.J. of the National Agreement. d. Section 5.B.8. of this Article does not apply to maintenance craft positions governed by section 5.B.2. of this Article when those positions are filled on the basis of seniority (senior qualified within occupational group and level). C. Successful Applicant(s) 1. Within 8 days after the closing of the original notice of intent to fill a vacancy, the installation head shall post a notice stating the successful applicant and the applicant's seniority date. 2. The successful applicant shall be placed in the new assignment within 14 days after the announcement of the successful applicant. Normally, the successful applicant shall work the duty assignment as posted. 3. An exception to 1 and 2 above shall be when the notice of intent has stated that promotion is contingent upon satisfactory completion of training. In these cases, within 14 days the applicant shall be reassigned as an unassigned regular in his/her current occupational group and level. The employee shall be placed in a detail assignment on the tour and non-scheduled days in the occupational group and level of the duty assignment for which the training is intended. For the duration of the detail assignment, the employee will be treated as if promoted to that position. Upon satisfactory completion of the required training or one (1) year from the date detailed, whichever occurs first, the employee shall be declared the successful applicant and promoted with a preferred assignment seniority date determined according to Section 2.F.2. of this Article. 4. In the event the employee fails to complete satisfactorily the required training discussed in paragraph 3, the employee shall remain as an unassigned regular in his/her current occupational group and level. D. Promotion Eligibility Update Upon notification from an employee of the acquisition of new or additional training, education, or experience pertinent to the qualifications for the position, the Employer will request from NTAC the necessary testing material within 7 calendar days of receipt of such notification. The employer shall have an additional 30 days to complete the update process. Such employee notification must be furnished within thirty (30) days of the acquisition of such additional training, education, or experience. The promotion eligibility register shall not be updated during the period of time a vacant position is in the process of being filled. Employees shall be listed on this register in order of qualifications, and all positions for promotion shall be awarded to the best qualified applicants, except those positions set forth in Section 5.B.2 of this Article. A. Maintenance Training 1. All Maintenance Craft job training opportunities in levels 1 through 7, will be offered first to the senior qualified volunteer within the occupational group, level and tour where the need for the skills exists. For Maintenance Craft job training in levels 8, 9, and l0 the employee selected will be chosen from among volunteers within the occupational group, level and tour where the need for the skills exist. The Employer may choose not to select a volunteer who has attended training for 6 or more weeks during the previous 12 months. 2. As soon as approved training allocations are received at the installation, advance written notices will be published soliciting volunteers. A list of those volunteers shall be posted and a copy furnished to the local Union. 3. Only when there are no qualified volunteers as provided for in 1 above, will involuntary selections be made for training. 4. Employees selected for off-site training will be given as much advance notice as is reasonably possible. 5. Upon completion of a training course of two (2) or more weeks duration, which includes mail processing equipment maintenance as part of its curriculum, an employee may be placed in a duty assignment for which the training was intended. The employee may be required to remain in such an assignment for a period of three (3) months. For a training course of three (3) or more weeks duration, the employee may be required to remain in such an assignment for a period of six (6) months. For a training course of six (6) or more weeks duration, the employee may be required to remain in such an assignment for a period of nine (9) months. The above applies unless: a. the employee advances to an assignment in higher level; b. the duty assignment is eliminated; c. because of substantiated medical or health reasons whereby continuation in the assignment would be harmful to the employee; or d. the employee has been required to remain in such an assignment(s) for twelve (12) cumulative months during the life of this Agreement. 6. The Union, at the national level, will be furnished annually a copy of the yearly allocation of training billets. A. Tools The Employer will provide adequate tools, tool kits, and equipment on a charge-out basis to those employees who require such items for the performance of their assigned function. Where the Employer determines the tools are obsolete, such tools will be recalled and removed from the employee's accountability. Under no circumstances will the employee be required to use personal tools and equipment. Where necessary, the Employer will provide training on the use of required tools and equipment. B. Overtime An overtime desired list in the Maintenance Craft shall be established for each occupational group and level showing special qualifications where necessary. C. Relief Assignments 1. When management determines that work coverage is necessary, relief assignments in the Maintenance Craft may be established only to provide coverage for absences of five working days or more for scheduled annual leave, sick leave, military leave, court leave, employee requested leave without pay, and national off-site and on-site, or contractor supplied training programs. 2. Relief assignments, which shall be kept to a minimum, will be posted by a notice of intent which, in addition to the information required in Section 4.C (Information on Notice of Intent), will also show the days and hours of the specific duty assignment(s) being relieved. D. Full-time regular Maintenance Craft employees are entitled to bid on the positions of Examination Specialist SP 2-188 and Vehicle Operations-Maintenance Assistant SP 2-195. E. Non-Bargaining Position Detail Maintenance employees temporarily detailed to a non-bargaining unit position are ineligible to accept any preferred duty assignment(s) while so detailed. However, nothing contained herein shall be construed to preclude such temporarily detailed employees from voluntarily terminating a non-bargaining unit detail and returning to their craft position. Upon return to the craft position, such employees are eligible to accept any preferred duty assignment(s) for which they have properly bid. The duty assignment of a full-time maintenance employee detailed to a non-bargaining unit position, including a non-bargaining unit training program, in excess of four (4) months shall be declared vacant and shall be posted and filled in accordance with the provisions of this Article. Upon return to the Maintenance Craft, the employee will become an unassigned regular. An employee detailed to a non-bargaining unit position will not be returned to the craft solely to circumvent the intent of this provision. Form 1723, Notice of Assignment, shall be used in detailing employees to temporary non-bargaining unit positions. The employer will provide the Union at the local level a copy of Form(s) 1723 showing the beginning and ending time and date of all such details. Employees detailed to non-bargaining unit positions are not entitled to outside of schedule overtime (premium). |
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