(These notes were compiled by Mike Wright from the Tri-State Conference 2018 held in Pittsburgh, PA)
Below are just some bullet points of the information covered in the Article 12 class held at the 2018 Tri-State Conference in Pittsburgh, PA. If you would like to get further information or training materials from the Tri-State, please contact the main office at: 586-228-8090
You can also download this document right HERE.
· Article 12 Primary Principle: Dislocation and inconvenience shall be kept to a minimum, consistent with the needs of the service.
· PSEs and Article 12: In order to minimize the impact, the Employer agrees to separate, to the extent possible, PSEs working in the affected craft and installation prior to excessing any regular employee in that craft out of the installation.
· PSEs and Article 12 (cont’d): Management shall identify duty assignments within the appropriate radius held by Postal Support Employees (PSEs) which shall be made available for the reassignment of excessing career employees.
· Comparative Work Hour Report (CWHR) is now automatically provided by Area after 45 days with updated JCIM language, mist be provided to the Union after 45 days of the excessing event
· Look at Planned OT on the Work Hour Impact Report (WHIR) vs the number of employees planned to be impacted
· Keep filing 37.3.A.1 in facilities where PSEs are working close to 40 to create “landing spots” for impacted employees
· An employee may not be excessed for failing to bid on any NTFT duty assignment
· The Nolan Award: The Postal Service may not reassign into a full-time carrier craft position any NTFT clerk craft employee who does not meet the definition of full-time employee specified in the Postal Service’s Agreement with the NALC.
· The Goldberg Award: When Postal Service intends to reassign an excessed employee to a position across craft lines under the provisions of Article 12, it must determine, prior to the actual reassignment, that the employee meets the minimum qualifications for the position, including the physical requirements.
· If a senior employee takes a reassignment in lieu of a junior employee they receive no retreat rights, allowed to cross APWU craft lines within the installation (i.e. clerk to custodian) surrendering their seniority, cross craft lines outside the installation also surrendering their seniority
· Veteran Preference: Eligible Vets have a right to remain in their same level or pay band
· Employees placed in lower level jobs receive saved grade as long as they bid or apply for
positions in their former level.
· Except Clerk Craft, Employee’s present duty assignment on PS Form 50 is used for future excessing by level
· Voluntary reduction: failure to bid or apply or waiver of retreat rights to former level
· If on the day of excessing, management hasn’t reduced all the reducible hours, we should file a grievance locally asking for retreat rights and out of schedule pay, travel pay and mileage as the Primary Principles were not observed.
· If after the excessing and the CWHR, the reducible hours increase use MDAT to show the duty assignments are needed and we should file a grievance locally asking for retreat rights and out of schedule pay, travel pay and mileage as the Primary Principles are not being observed.