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ARTICLE 12, SECTION 5.C
SPECIAL PROVISION ON REASSIGNMENTS
12.5.C.1 - DISCONTINUANCE OF AN INDEPENDENT INSTALLATION
1. WHO IS REASSIGNED?
12.5.C.1.a: When an installation is discontinued, all full and part-time flexible employees, to the maximum extent possible, are reassigned into a continuing installation.
2. HOW?
12.5.C.1.b: Employees are involuntarily reassigned with their seniority for duty assignments to vacancies in the same or lower level in the same craft or occupational group.
3. WHERE?
12.5.C.1.b: All full and part-time flexible employees will be reassigned to postal installations designated by the postal service within 100 miles of the discontinued installation, or to more distant installations, if after consultation with the union, it is determined that it is necessary.
4. ARE FULL-TIME EMPLOYEES GUARANTEED ANOTHER FULL-TIME POSITION?
12.5.C.1.f: NO. .. As outlined under the provisions of C.1.f. full-time employees for whom no full-time vacancies are available shall be changed to part-time flexible status in the same craft and placed as such.
5. DO FULL-TIME EMPLOYEES SO CHANGED TO PART-TIME STATUS RETAIN PLACEMENT RIGHTS TO FULL-TIME VACANCIES OCCURRING AT A LATER DATE?
12.5.C.1.f: The employees who are arbitrarily changed to part-time flexible status are guaranteed, for a period of six months, placement rights to full-time vacancies developing within that time, within any installation within 100 miles of the discontinued installation.
6. DO EMPLOYEES SO REASSIGNED HAVE RETREAT RIGHTS?
12.5.C.1.g: In the event a discontinued installation is re-established, the employees are entitled to exercise retreat rights and are eligible for reassignment back to their re-established installation with full seniority within the craft from which reassigned.
7. IF TWO OR MORE VACANCIES ARE AVAILABLE FOR REASSIGNMENT, WHO GETS FIRST CHOICE?.
12.5.C.1.g: Available vacancies will be selected on the basis of seniority.
8. DO EMPLOYEES FROM A DISCONTINUED INSTALLATION RETAIN THEIR SENIORITY?
12.5.C.1.c: Full-time employees remaining in the same craft are reassigned with their full seniority. If, however, they are placed in another craft, they take the lesser of the following: (1.) one day junior to the junior full-time employee in the same craft and level in the office to which reassigned, or (2.) the seniority they had in the craft from which assigned.
12.5.C.1.d & e: Part-time flexible employees, if reassigned in the same craft, will be reassigned with full seniority. If placed in another craft, they are placed at the foot of the existing part-time flexible roster in the gaining installation.
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12.5.C.2 - CONSOLIDATION OF AN INDEPENDENT INSTALLATION
1. WHO IS REASSIGNED?
12.5.C.2.a: When an independent postal installation is consolidated with another postal installation, each full-time or part-time flexible employee shall be reassigned.
2. HOW REASSIGNED?
12.5.C.2.a: Employees will be reassigned on an involuntary basis.
3. TO WHERE?
12.5.C.2.a: Reassignment will be to a continuing installation, and with full seniority for both full and part-time flexible employees.
4. DO EMPLOYEES HAVE RETREAT RIGHTS IF THE CONSOLIDATED INSTALLATION IS RE-ESTABLISHED?
12.5.C.2.c: Under the provisions of 2.c, if the consolidated installation again becomes an independent installation, each full and part-time flexible employee is entitled to return to the established installation in the craft and level or occupational group held at the time the installation was discontinued.
5. WHAT OCCURS IF CONSOLIDATION RESULTS IN AN EXCESS OF EMPLOYEES IN THE GAINING INSTALLATION?
12.5.C.2.b: in the event an excess of employees results in the gaining installation due to the consolidation of an independent installation, the provisions of Article 12 would govern in reducing the number of employees through other than attrition.
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12.5.C.3 - TRANSFER OF A CLASSIFIED STATION OR CLASSIFIED BRANCH TO THE JURISDICTION OF ANOTHER INSTALLATION OR MADE AN INDEPENDENT INSTALLATION
1. WHO IS REASSIGNED?
12.5.C.3.a: All full-time employees at a classified station or branch who wish to remain.
2. IS IT MANDATORY?
12.5.C.3.a: NO...the employees have an option to remain with the classified station/ branch, without loss of seniority, or they may remain with the installation from which the classified station/branch is being transferred.
3. IF FULL-TIME EMPLOYEES IN THE AFFECTED UNIT DO NOT WISH TO STAY IN THE UNIT, WHO HAS FIRST CHOICE FOR THE VACANT POSITIONS?
12.5.C.3.b: Vacancies created by the unwillingness of employees to follow the station /branch to the new jurisdiction are posted for bid, on an office-wide basis, in the losing installation.
4. IF VACANCIES STILL REMAIN AFTER THE POSITIONS ARE POSTED IN THE LOSING INSTALLATION, WHAT ACTION IS THEN TAKEN?
12.5.C.3.c: Management exercises the provisions of Article 12, and involuntarily reassign junior employees to fill the vacancies. The junior employees, involuntarily excessed, retain their retreat rights to the first vacancy in their level and craft in the installation from which they were involuntarily transferred.
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12.5.C.4 - REASSIGNMENT WITHIN AN INSTALLATION OF EMPLOYEES EXCESS TO THE NEEDS OF A SECTION
1. WHO IDENTIFIES ASSIGNMENTS COMPRISING A SECTION FOR THE PURPOSE OF REDUCING THE NUMBER OF EMPLOYEES BY OTHER THAN ATTRITION?
12.5.C.4.a: The identification of assignments comprising a section is determined locally, through negotiations. If a local union and management fail to negotiate sections, the entire installation is considered a section for reassignment purposes.
2. WHO IS REASSIGNED?
12.5.C.4.b: The agreement requires management to reassign the junior full-time employee in the same craft and level.
3. TO WHERE IS HE/SHE REASSIGNED?
12.5.C.4.b: the excessed employee is reassigned outside the section, within the installation, in the same craft and level. Seniority is retained and the employee may bid on any existing vacancy for which they are eligible. Failing to bid, they may be assigned to any vacant duty assignment for which there was no senior bidder, or they may remain as an unencumbered regular until such time as they are assigned a no bid position, as outlined in Article 37.4.C.
4. DOES THE EXCESSED EMPLOYEE HAVE RETREAT RIGHTS?
12.5.C.4.c: the employee does have retreat rights to the first residual vacancy in their level, after employees in the section have completed bidding. However, they lose their retreat rights upon their failure to bid for the first residual vacancy in their salary level in the former section.
5. MUST THE EMPLOYEE EXERCISE HIS/HER RETREAT RIGHTS TO A LOWER LEVEL JOB IN HIS/HER FORMER SECTION?
12.5.C.4.c: The right of retreat to the section is optional with the employee who has retreat rights with respect to a vacancy in a lower salary level. The employee's failure to exercise the option to return to a lower level position within the section, however, does not terminate the retreat rights in the salary level from which the employee was reassigned.
6. IS THERE ANY RESTRICTION ON CLERK CRAFT EMPLOYEES EXERCISING THEIR RIGHTS TO A LOWER LEVEL POSITION IN A SECTION FROM WHICH THEY HAVE BEEN EXCESSED?
12.5.C.4.c YES....New language was added in the 1984-87 agreement restricting the option of clerk craft employees from exercising retreat rights to a vacancy in a lower salary level, to only those assignments for which the employee would otherwise have been eligible to bid.
7. WHO FILLS THE DUTY ASSIGNMENT VACATED BY THE EXCESSED JUNIOR EMPLOYEE?
12.5.C.4.d: The vacated duty assignment must be posted for bid within the section and awarded to the senior bidder who had seniority to remain in the section. If there are no bids, the junior remaining unencumbered full-time employee in the section is assigned to the vacancy.
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12.5.C.5.a - REDUCTION IN THE NUMBER OF EMPLOYEES IN AN INSTALLATION OTHER THAN BY ATTRITION?
1. WHAT ACTION MUST MANAGEMENT TAKE BEFORE EXCESSING FULL-TIME EMPLOYEES FROM AN INSTALLATION?
MANAGEMENT IS REQUIRED TO:
12.5.C.5.a.1 Determine by craft and occupational group, the number of excess employees.
12.5.C.5.a.2 Separate all casuals to the extent possible, thus minimizing the impact on the career regular workforce.
12.5.C.5.a.3 Reduce part-time flexible hours, to the extent possible, again, to minimize the impact on full-time positions.
2. WHO IS DECLARED EXCESS?
12.5.C.5.a.4 The junior full-time employee in the salary level, craft, and occupational group affected, on an installation wide basis.
3. WHERE ARE THEY REASSIGNED?
12.5.C.5.a.4 To the extent possible, the excessed full-time employees are reassigned within the installation to other crafts at the same or lower level.
4. HOW IS THIS ACCOMPLISHED?
12.5.C.5.a.4 The employees are involuntarily reassigned.
5. DO THEY RETAIN THEIR CRAFT SENIORITY?
12.5.C.5.a.4 NO...They are reassigned in the same or lower level, with seniority whichever is lesser of:
12.5.C.5.a.4.a One day junior to the seniority of the junior full-time employee in the same level and craft or occupational group in the installation to which assigned, or ! ! 12.5.C.5.a.4.b The seniority the employee had in the craft from which reassigned.
6. DO THE REASSIGNED EMPLOYEES RETAIN RETREAT RIGHTS?
12.5.C.5.a.5 Under the provisions of Part 5, the employee has no retreat rights as an option. The agreement requires that she/he be returned to the craft from which reassigned at the first opportunity.
7. CAN A SENIOR EMPLOYEE ELECT TO TAKE THE PLACE OF A JUNIOR EMPLOYEE SCHEDULED TO BE EXCESSED INTO ANOTHER CRAFT WITHIN THE SAME INSTALLATION?
12.5.C.5.a.7 The right of election of a senior employee to take the place of a junior employee is not available for this cross-craft assignment within the installation.
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12.5.C.5.b - REASSIGNMENTS TO OTHER INSTALLATIONS AFTER MAKING REASSIGNMENTS WITHIN THE INSTALLATION
1. IF THE EXCESSED JUNIOR FULL-TIME EMPLOYEE CANNOT BE ASSIGNED TO ANOTHER CRAFT IN HIS/HER OWN INSTALLATION, WHAT OCCURS?
12.5.C.5.b.1 The junior full-time excess employee is assigned to a position in the same or lower level, in the same craft, to an installation within 100 miles of the losing installation, if possible.
The junior full-time employee not placed within the clerk craft, in accordance with above provisions will be assigned to other crafts in the same or lower level, in an installation within a 100 mile radius.
2. HOW WILL THIS BE ACCOMPLISHED?
12.5.C.5.b.2: Employees for whom consultation did not provide for placement under b.1 above in other crafts or occupational groups in which they meet minimum qualification at the same or lower level will be involuntarily reassigned.
3. WHAT EFFECT WILL THIS HAVE ON THEIR SENIORITY STANDING?
12.5.C.5.b.2 They will have permanent seniority for duty assignment, whichever is lesser of:
12.5.C.5.b.2.a One day junior to the senior of the junior full-time employee in the same level and craft or occupational group in the installation to which reassigned, or
12.5.C.5.b.2.b The seniority she/he had in the craft from which reassigned.
4. MAY A SENIOR FULL-TIME EMPLOYEE IN THE SAME CRAFT ELECT TO TAKE THE PLACE OF JUNIOR EXCESS EMPLOYEE?
12.5.C.5.b.3 Any senior employee in the same craft or occupational group in the same installation may elect to be excessed in lieu of a junior employee.
HOWEVER, THE SENIOR EMPLOYEE ELECTING TO BE EXCESSED IN LIEU OF A JUNIOR EMPLOYEE FORFEITS HIS/HER RETREAT RIGHTS. 5. WHO GETS PREFERENCE IN THE EVENT THAT TWO OR MORE VACANCIES ARE SIMULTANEOUSLY AVAILABLE?
12.5.C.5.b.4 The senior employee subject to reassignment gets the preference.
6. IN ORDER TO AVOID EXCESSING, MAY A FULL-TIME EMPLOYEE ELECT TO CHANGE TO PART-TIME FLEXIBLE STATUS AND REMAIN IN HIS/HER OWN INSTALLATION?
12.5.C.5.b.5 YES...under the provisions of the agreement, the full-time employee has the option to change to part-time flexible status in the same craft, in lieu of an involuntary reassignment.
7. DOES A FULL-TIME EMPLOYEE EXCESSED TO ANOTHER INSTALLATION HAVE RETREAT RIGHTS?
12.5.C.5.b.6 Under the provisions of Part 6, employees involuntarily reassigned retain retreat rights, provided they have filed a written request to be returned to the first vacancy in the craft and level in the installation from which reassigned. The request is honored so long as the employee does not withdraw it, or decline to accept an opportunity to return.
8. MAY A CLERK CRAFT EMPLOYEE WHO HAS BEEN INVOLUNTARILY REASSIGNED, RETREAT TO HIS/HER FORMER INSTALLATION IN A LOWER LEVEL POSITION?
12.5.C.5.b.6 A clerk craft employee may, provided they have filed a written request to return to the first vacancy in the same or lower level, exercise retreat rights to a lower level assignment. The written request, however, must stipulate whether the employee desires to retreat to a lower level assignment, and if so, to what salary level assignments for which the employee would have been eligible to bid. If vacancies are available in the specified lower salary level and in the salary level of the employee when reassigned, the employee will be given the option. Failure to exercise retreat rights to the first available vacancy terminates such rights.
9. WHAT EFFECT WILL ELECTING RETREAT RIGHTS TO A LOWER LEVEL ASSIGNMENT HAVE ON SALARY PROTECTION?
12.5.C.5.b.6 An employee electing to retreat to a lower level assignment will not be entitled to salary protection.
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12.5.C.6 - CENTRALIZED MAIL PROCESSING AND/OR DELIVERY INSTALLATION (CLERK CRAFT ONLY)
1. WHEN IS 12.6 APPLICABLE?
12.5.C.6.a It becomes applicable when management consolidates mail processing operations into a centralized installation, which normally results in the excessing of a number of employees from several smaller installation.
2. WHY IS THIS PROVISION DIFFERENT FROM THE PROVISIONS GOVERNING GENERAL INVOLUNTARY REASSIGNMENTS UNDER SECTION C.5.b?
12.5.C.6.a Although the basic reassignments are made under the provisions of 12.C.5.b,.59 this section differs, in that it requires the reassigned clerks to be placed in a detail status for the first 180 days, in an effort to avoid inequities in the selection for preferred assignments.
3. WHEN DOES THE 180 DAY DETAIL PERIOD COMMENCE?
12.5.C.6.c The 180 days is computed from the date of the first detail of an employee into the centralized mail processing installation.
4. CAN DETAILED EMPLOYEES BID FOR THE PREVIOUSLY ESTABLISHED PREFERRED DUTY ASSIGNMENTS DURING THE 180 DAY DETAIL PERIOD?
12.5.C.6.b NO...only full-time employees who had previously been in the installation are eligible to bid on the previously established duty assignments.
5. WHAT PROVISIONS ARE MADE FOR PREVIOUSLY ESTABLISHED PREFERRED DUTY ASSIGNMENTS THAT BECOME VACANT BEFORE THE EXPIRATION OF THE 180 DAY DETAIL PERIOD?
12.5.C.6.b The previously established duty assignments that maybecome vacant during the 180 day detail period are posted for bid, but only the permanently assigned employees in the gaining installation are eligible to bid.
6. WHEN CAN DETAILED EMPLOYEES BID FOR PREFERRED DUTY ASSIGNMENTS IN THE GAINING INSTALLATION?
12.5.C.6.c As indicated above, the reassigned employees may bid at the end of the 180 day detail period.
7. WHAT POSITIONS IN THE CLERK CRAFT ARE POSTED AT THE END OF THE 180 DAY DETAIL PERIOD?
12.5.C.6.c All vacant clerk craft positions are posted, and all eligible full-time employees in the craft in the gaining installation are eligible to bid.
8. IS THE PROCEDURE DIFFERENT WHEN A NEW CENTRALIZED UNIT IS ESTABLISHED?
12.5.C.6.d.1 & 2 YES...Full-time clerks are given the opportunity to request reassignment from the losing installation. The reassignments will be made on the basis of seniority, but will be limited to the number of excessed full-time clerks in the losing installation.
9. WHAT IF THERE STILL ARE EXCESS EMPLOYEES IN THE CRAFT AT THE LOSING INSTALLATION AFTER SENIOR FULL-TIME EMPLOYEES HAVE BEEN INVOLUNTARILY REASSIGNED?.
12.5.C.6.d.3 Management will involuntarily reassign the junior full-time employees, as provided in Article 12.5.C.b.
10. DO THEY RETAIN SENIORITY?
12.5.C.6.d.1 YES....Clerks taking the opportunity are reassigned with their full seniority.
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12.5.C.8 - REASSIGNMENTS - PART-TIME FLEXIBLE EMPLOYEES IN EXCESS OF QUOTA (OTHER THAN MOTOR VEHICLE)
1. WHO IS AFFECTED?
12.5.C.8 PART-TIME FLEXIBLE EMPLOYEES.
2. WHAT PROCEDURES WILL MANAGEMENT USE IN EXCESSING PTF CLERKS?
12.5.C.8 The part-time flexibles lowest on the part-time flexible roll equal in number to such excessed will be given an option to be reassigned to the foot of the ptf roll in the same or another craft in another installation. Although the excessing is involuntary, the selection of craft and installation is voluntary.
3. MAY A PART-TIME FLEXIBLE WHO IS INVOLUNTARILY EXCESSED RETAIN SENIORITY?
12.5.C.8.a NO...An excessed part-time flexible employee reassigned to another craft in the same or another installation shall be assigned to the foot of the part-time flexible roll and begin a new period of seniority.
4. DO PART-TIME FLEXIBLES EVER REGAIN THEIR SENIORITY?
12.5.C.8.b YES...A part-time flexible who is reassigned into another installation in the clerk craft regains their seniority upon becoming a full-time regular employee. The employee's seniority for preferred assignments will then include the seniority the employee had in the losing installation, augmented by the part-time flexible service in the gaining installation.
HOWEVER, IF THE PART-TIME FLEXIBLE EMPLOYEE IS REASSIGNED INTO ANOTHER CRAFT, HE/SHE DOES NOT REGAIN SENIORITY AT THE TIME HE/SHE MAKES REGULAR.
5. MAY A SENIOR PART-TIME FLEXIBLE ACCEPT REASSIGNMENT IN LIEU OF JUNIOR PART-TIME FLEXIBLE?
12.5.C.8.c YES...A senior part-time flexible may volunteer to be excessed in lieu of a junior part-time flexible. The part-time flexible, however, will assume the seniority status of the senior part-time flexible being reassigned.
6. WHO DESIGNATES OTHER INSTALLATIONS AVAILABLE FOR SUCH VOLUNTARY REASSIGNMENTS?
12.5.C.8.d The postal service, after consultation with the union, will offer reassignment opportunities in the following order:
1. OTHER CRAFT, SAME INSTALLATION,
2. SAME CRAFT, OTHER INSTALLATION,
3. OTHER CRAFTS, OTHER INSTALLATION.
7. DO PART-TIME FLEXIBLES RETAIN RETREAT RIGHTS?
12.5.C.8.f & g Retreat rights are granted to part-time flexible employees electing reassignment to another installation, except for a part-time flexible volunteering to be excessed in lieu of a junior part-time flexible. The part-time flexible will have retreat rights, provided he/she makes a written request at the time of reassignment from the losing installation, and it is valid until he/she voluntarily withdraws the request or declines to be returned at the first opportunity.
8. WHAT ABOUT PART-TIME REGULAR EMPLOYEES?
12.5.D Part-time regular employees assigned in the craft units shall be considered to be in a separate category. All provisions of this section apply to part-time regular employees within their own category.
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Source: art12ner.pdf [123Kb] — click on the link to download the entire Article 12 file
Related links: Clerk Craft Article 37| Overtime Questions & Answers Article 8 | Maint. Q & A
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