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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:
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Related links:
Clerk Craft Article 37|
Overtime Questions & Answers Article
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Maint. Q & A
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