EVERYTHING YOU’VE ALWAYS WANTED TO KNOW ABOUT …

EVERYTHING YOU'VE ALWAYS WANTED TO KNOW ABOUT POSTAL SUPPORT EMPLOYEES (PSEs) *

* And Where to Find It

Volume II

August 2017

Mark Dimondstein President

Debby Szeredy Executive Vice President

Vance Zimmerman Industrial Relations Director

FORWARD: "Show me where it's written" is probably the most often heard statement made to stewards and officers. It's made by members, fellow stewards and officers, management, and even arbitrators. This is particularly perplexing when dealing with issues regarding PSEs, because "where it's written" is located at various sources, including the Articles listed in the National Agreement, the Appendixes and Addendums in the back of the CBA, various MOU's, Settlements & Q&As, e-mail communications, subsequent MOUs and changes to JCIM language, handbooks and manuals, as well as arbitration awards.

The following reference chart was developed to provide stewards and officers a quick reference guide regarding PSE issues. It also shows the interaction that PSE issues have among the various Crafts. The chart is current through August 1, 2017. Obviously, updates will be needed in the future, but for now this chart should provide stewards and officers a bona fide guide to answer the statement: "Show me where it's written".

In solidarity

Vance Zimmerman Director, Industrial Relations Department American Postal Workers Union

1

INDEX

QUESTIONS & ISSUES

WHAT ARE POSTAL SUPPORT EMPLOYEES (PSEs)?

PAGE # QUESTIONS & ISSUES

? MAINTENANCE CRAFT 5

PAGE # QUESTIONS & ISSUES

12

? NACI FINGERPRINT

INVESTIGATION

PAGE # 24

HIRING PSEs

6

? MOTOR VEHICLE CRAFT

13 CONTRACT PROVISIONS

REGARDING PSEs

25

? LENGTH OF TIME OR TERM

? OPERATING SERVICES CRAFT 14 DISCIPLINE ISSUED TO PSEs

27

OF A PSE BEING HIRED

7

? LENGTH OF TIME BETWEEN

? MONITORING PSE CAPS

14 EXCESSING, LAYOFFS,

PSE APPOINTMENTS

7

REASSIGNMENTS

29

? IN WHAT CRAFTS CAN PSEs

? NON-APWU BARGAINING UNIT

FMLA ? THE FAMILY AND

BE HIRED AND WORK?

8

EMPLOYEES

14 MEDICAL LEAVE ACT

31

PSEs ATTENDING NEW EMPLOYEE

CAREER OPPORTUNITIES ?

GRIEVANCES ? ACCESS TO

ORIENTATION

8 CONVERSIONS - FOR PSEs

15 ARTICLE 15

32

CAPS TO THE NUMBERS OF PSEs

? CONVERSION OF CLERKS

16 HEALTH INSURANCE FOR PSEs

32

HIRED

9

? WHAT ARE THE CAPS,

? CONVERSION OF MOTOR

LEAVE PROVISIONS FOR PSEs

34

BY CRAFT?

10

VEHICLE PSEs

22

? CLERK CRAFT

Function 1 and Function 4

10

? MVS PSE CONVERSION TIE

BREAKERS

23

? WHAT IS THE PURPOSE OF

ANNUAL LEAVE FOR PSEs?

36

? "NEW WORK" EXCLUSIONS

? PSE STEWARD'S RIGHTS

? HOW DO PSEs ACCRUE

TO CLERK CAPS

12

DO NOT APPLY

24

ANNUAL LEAVE?

36

2

INDEX (cont'd)

QUESTIONS & ISSUES

PAGE # QUESTIONS & ISSUES

PAGE # QUESTIONS & ISSUES

PAGE #

? HOW IS ANNUAL LEAVE FOR

PSEs CREDITED?

37

? DEFINITION OF UNSCHEDULED

ABSENCES FOR PSEs

41

? HIGHER LEVEL PAY FOR PSEs 45

? PAYMENT FOR ACCUMULATED

? UNSCHEDULED ABSENCES ? HOW

? HOLIDAY PAY FOR PSEs

46

ANNUAL LEAVE?

38

PSEs CAN AVOID THEM

41

? HOW DO PSEs APPLY FOR

ANNUAL LEAVE?

38

? HOW IS A/L FOR PSEs

APPROVED/AUTHORIZED?

38

? COURT LEAVE ? PSEs DO NOT

RECEIVE COURT LEAVE

39

? LWOP FOR PSEs

39

LIGHT DUTY ASSIGNMENTS FOR PSEs 41

MOUs THAT APPLY TO PSEs

42

OPTING BY PSEs

42

? CLERK CRAFT PSEs OPTING

43

? MILITARY LEAVE FOR PSEs

39

? MVS CRAFT PSEs OPTING

44

? HOURLY RATES OF PAY

FOR PSE

47

? HOURLY RATE INCREASES

FOR PSEs

48

? NIGHT SHIFT DIFFERENTIAL

FOR PSEs

48

? OUT OF SCHEDULE PAY FOR

PSEs? ? NO

48

? OVERTIME PAY FOR PSEs

49

? ABSENCES DUE TO EMERGENCIES

AND ILLNESS OR INJURY

40

? SICK LEAVE ? PSEs DO NOT

RECEIVE SICK LEAVE

40

PAY ISSUES FOR PSEs

45

? COLA - COST OF LIVING ADJUSTMENT FOR PSEs? ? NO 45

? STEP INCREASES FOR PSEs? -

NO

49

? SUNDAY PREMIUM PAY FOR

PSES? ? NO

49

3

INDEX (cont'd)

QUESTIONS & ISSUES

PAGE # QUESTIONS & ISSUES

PAGE # QUESTIONS & ISSUES

PAGE #

POStPLAN MOU AND PSEs

49 TRAINING FOR PSEs

55

? LIMITATIONS OF PSE WORK

HOURS

60

PROBATIONARY PERIOD FOR PSEs

52 UNIFORMS & WORK CLOTHES FOR PSEs 56

? PSE "LOANED" WORK

ASSIGNMENTS BETWEEN

INSTALLATIONS

61

RETIREMENT SAVINGS PLAN FOR PSEs 53 WASH-UP TIME FOR PSEs

56

? OVERTIME WORK RULES

FOR PSEs

61

SAFETY AND HEALTH ISSUES

WORK ASSIGNMENTS FOR PSEs

57

? PASSPORTS

63

APPLY TO PSEs

53

SEPARATION OF PSE's FOR

? CAREER EMPLOYEES vs PSE

? REGISTRY

63

LACK OF WORK

53

WORK ASSIGNMENTS

57

? REAPPOINTMENT OF PSE's

WHO WERE SEPARATED FOR

LACK OF WORK

54

SHOP STEWARDS - PSEs CAN BECOME

SHOP STEWARDS

55

? PSE SHOP STEWARDS RECEIVE

SUPER SENIORITY RIGHTS

55

? GUARANTEES FOR PSE WORK

ASSIGNMENTS

58

? HOLIDAY WORK ASSIGNMENTS

FOR PSEs

59

? HOURS OF WORK FOR PSEs

60

? WINDOW

64

? MVS CRAFT HOLDDOWNS

64

? MVS CRAFT NEW WORK PSEs ARE NOT ALLOWED TO TRANSFER 64

4

GENERAL QUESTIONS and

ISSUES

QUICK REFERENCES Notations in BLUE represent Contract Language and MOU Language in the back of

the May 21, 2015 - September 20, 2018 Contract Numbers highlighted in GREEN are the page numbers in the 2015 Contract Page Numbers in PINK represent the page numbers in the May 2017 JCIM

Notations in BOLD TYPE represents new language in the CBA and JCIM

WHAT ARE POSTAL SUPPORT EMPLOYEES (PSEs)?

The PSE work force will be comprised of noncareer, bargaining unit employees, which is the only category of noncareer employees established to work within the APWU bargaining unit. ...

? Ref: Article 7, EMPLOYEE CLASSIFICATION, Section 1. Definition and Use, B. Postal Support Employees (PSEs), #1 [p.17]

? X-Ref: Postal Support Employees MOU, APPENDIX A, 1. General Principles, a. [p. 246] ? Also, X-Ref: Postal Support Employees MOU, APPENDIX A, 2. Contract Provisions,

Article 7, Section 1. Definition and Use, B.1. [p. 247] ? Also, X-Ref: Article 40, OPERATING SERVICES CRAFT, Section 3. Employee Classification,

B. [p 217] ? X-Ref: May 2017 JCIM, Article 7, POSTAL SUPPORT EMPLOYEES, Article 7, page 2. [p. 36]

Article 7.1.B provides for the establishment of the Postal Support Employee (PSE) work force comprised of non-career bargaining unit employees.

? Ref: May 2017 JCIM, Article 1.4, DEFINITION ? APWU BARGAINING UNIT, Article 1, page 1. [p. 21]

? X-Ref: May 2017 JCIM, Article 40.3, EMPLOYEE CLASSIFICATION, Article 40, page 1. [p. 310]

5

HIRING PSEs

? LENGTH OF TIME OR TERM OF A PSE BEING HIRED

PSEs shall be hired from an appropriate register pursuant to such procedures as the Employer may establish They will be hired for a term not to exceed 360 calendar days per appointment. ...

? Ref: Article 7, EMPLOYEE CLASSIFICATION, Section 1.B.10. [p. 19] ? Also, Ref: February 18, 2011 letter from Doug Tulino to Cliff Guffey, [pp. 269 & 270]

(NOTE: This letter refers to the EL-312 and EL-307). ? X-Ref: Postal Support Employees MOU, APPENDIX A, 1. General Principles, b. [p 246] ? X-Ref: Postal Support Employees MOU, APPENDIX A, 2. Contract Provisions, Article 7,

#10. [p 250]

-----------------------------------------------------------------------------------------------------------------------

The Postal Service will not discriminate against the hiring of PSEs on the basis of race, color, religion, sex, national origin, age, or disability.

? Ref: February 18, 2011 letter from Doug Tulino to Cliff Guffey, [pp. 269 & 270] (NOTE: This letter refers to the EL-312 and EL-307).

? X-Ref: ELM 311.12

-----------------------------------------------------------------------------------------------------------------------

"Vets will be given preference in the hiring of PSE's"

? Ref: Email, June 9, 2011, from Michael Mlaker to Mike Morris

-----------------------------------------------------------------------------------------------------------------------

PSEs will be hired for a term not to exceed 360 calendar days per appointment.

? Ref: Article 7, EMPLOYEE CLASSIFICATION, Section 1.B.10. [p. 19] ? X-Ref: Postal Support Employees MOU, APPENDIX A, 1. General Principles, b. [p 246] ? X-Ref: Postal Support Employees MOU, APPENDIX A, 2. Contract Provisions, Article 7,

6

? LENGTH OF TIME BETWEEN PSE APPOINTMENTS

#10. [p 250] ? X-Ref: May 2017 JCIM, Article 7.1.B.8, POSTAL SUPPORT EMPLOYEE (PSE) TERM LIMIT,

Article 7, page 5. [p. 39]

-----------------------------------------------------------------------------------------------------------------------

PSEs will have a break in service of at least 5 days, if reappointed.

? Ref: Article 7, EMPLOYEE CLASSIFICATION, Section 1.B.10. [p. 19] ? X-Ref: Postal Support Employees MOU, APPENDIX A, 1. General Principles, b. [p 246] ? X-Ref: Postal Support Employees MOU, APPENDIX A, 2. Contract Provisions, Article 7,

#10. [p 250]

? IN WHAT CRAFTS CAN PSEs BE HIRED AND WORK?

... There is no intent to separate a PSE for more than five (5) days to disallow health benefits.

? Ref: May 2017 JCIM, Article 7.1.B.8, POSTAL SUPPORT EMPLOYEE (PSE) TERM LIMIT, Article 7, page 5. [p. 39]

-----------------------------------------------------------------------------------------------------------------------

DIRECTOR's NOTE: Management has occasionally failed to give PSEs their 5 day break at the end of the 360 days. Working the PSE continuously beyond their 360 day appointment, without the 5 day break, is a violation of the CBA. Locals should file a grievance on this violation, but DO NOT ASK TO HAVE THE PSE CONVERTED! The proper remedy is to compensate the bargaining unit for all hours worked by that PSE in violation of the contract.

-----------------------------------------------------------------------------------------------------------------------

PSEs can be hired and work in the Clerk Craft, the Motor Vehicle Craft, and the Operating Services Craft pursuant to established caps. There will be no PSEs in the Maintenance Craft.

? Ref: Article 7, EMPLOYEE CLASSIFICATION, Section 1. Definition and Use, B. Postal Support Employees (PSEs) [pp. 17 -18]

? Ref: Article 7, EMPLOYEE CLASSIFICATION, Section 1.B.10 [p. 19]

7

? X-Ref: Postal Support Employees MOU, APPENDIX A, 1. General Principles, b. [p. 246] ? X-Ref: Postal Support Employees MOU, APPENDIX A, 2. Contract Provisions, Article 7,

#10. [p. 250] ? X-Ref: Postal Support Employees MOU, APPENDIX A, 1. General Principles, [p. 246]

PSEs ATTENDING NEW EMPLOYEE ORIENTATION

During new bargaining unit employee orientation, a representative of the APWU shall be provided "ample" opportunity to address the new employees while they are on the clock. Article 17 does not preclude management officials from being present when the union addresses new employees during orientation. Completion of SF-1187 as identified in ELM, Section 924.12, will be permitted during employee orientation in the areas designated by management. This provision applies to Postal Support Employees, who are non-career bargaining unit employees. In addition, at the time any non-career employees become eligible for health insurance, the APWU will be provided ample opportunity to address such employees on the subject.

? Ref: May 2017 JCIM, Article 17.6, NEW EMPLOYEE ORIENTATION, Article 17 page 5. [p . 155]

12. Is there a set amount of time to which the union is entitled to address employees during orientation?

Response: No. The parties have agreed that the union will be provided with "ample opportunity" to address new employees during orientation. This rule includes Postal Support Employees (PSEs) orientation.

? Ref: May 2017 JCIM, Article 17, QUESTIONS & ANSWERS, REPRESENTATION, Article 17 page 8, #12. [p . 158]

Now that we have identified the definition of what PSEs are and where they can and cannot work, let's look at the major issues and concerns regarding PSEs that frequently come up.

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