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MEMORANDUM OF UNDERSTANDING
Re: Maximization/Full-time Flexible - NALC
Where a part-time flexible has performed letter carrier duties in an installation at least 40 hours a week (8 within 9, or 8 within 10, as applicable), 5 days a week, over a period of 6 months (excluding the duration of seasonal periods on seasonal routes, defined in Article 41, Section 3.R of the National Agreement), the senior part-time flexible shall be converted to full-time carrier status.
This criteria shall be applied to postal installations with 125 or more man-years of employment.
It is further understood that part-time flexibles converted to full-time under this criteria will have flexible reporting times, flexible nonscheduled days, and flexible reporting locations within the installation depending upon operational requirements as established on the preceding Wednesday.
The parties will implement this in accordance with their past practice.
Date: July 21, 1987
UNITED STATES POSTAL SERVICE
NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO
This letter memorandum sets forth our mutual intent regarding the attached Memorandum of Understanding relating to maximization.
1 This Memorandum of Understanding is in settlement of the arbitration pending in case No. N8-NA-141, and satisfies the obligations of the parties pursuant to the Arbitrator's decision in N8-NA-0141 and the Memorandum of Understanding relating to maximization dated September 15, 1978.
2. The initial 6 month measuring period to be evaluated pursuant to the Memorandum of Understanding shall be August 1, 1980, through January 31, 1981. Conversions based upon this initial period shall be made no sooner than April 1, 1981, and are expected to be concluded by May 1, 1981. This conversion process shall not interfere with or delay conversions which would otherwise be implemented pursuant to the existing National Agreement. Henceforth, the 6 month measuring periods will be monitored on a continuing basis, and conversions required shall be implemented promptly.
3. Conversions required pursuant to this Memorandum of Understanding shall be in addition to (but not duplicative of) conversions that may be required pursuant to existing provisions of the National Memorandum of Understanding. The criteria established by this Memorandum of Understanding are supplementary to, not in limitation or diminishment of, existing criteria in the National Agreement.
4. Subject to operational requirements, the intent of the parties is to avoid unnecessary disruptions in existing patterns of reporting times, non-scheduled days and reporting locations for those PTF's converted pursuant to these criteria, to the extent the duties of the position converted are consistent with those performed by the PTF during the measuring period.
5. Employees converted to full-time positions pursuant to this Memorandum of Understanding may bid on assignments posted for bids by employees in the craft, and shall be full-time regular city letter carriers under the National Agreement.
6. In those installations where conversions have been made under this Memorandum of Understanding, and there are subsequent reversions or excessing, any reductions in full-time letter carrier positions shall be from among those position(s) converted pursuant to this Memorandum of Understanding until they are exhausted.
7. The parties will establish a national level committee to review and resolve any problems relating to the initial period of implementation, in accordance with their mutually expressed intentions. Accordingly, grievances filed at the local level relating to the initial period of implementation shall be stayed without prejudice to either party, and the time limits deemed extended by mutual consent, in order to permit review by the national committee. Upon such review, questions of fact may be referred to the normal grievance machinery.
8. The parties recognize their continuing obligation to discuss other respects in which maximization may be implemented in accordance with the National Agreement. Date: February 3, 1981.
Full-time flexible positions and maximization. A 1978 memorandum of understanding similar to the 1987 memorandum above first established a type of letter carrier status-" full-time flexible"-not mentioned in Article 7. The 1981 letter of intent reprinted above was created in settlement of a grievance brought under the 1978 memorandum, and remains in effect under the 1987 memorandum. The currently-effective 1987 memorandum applies the full-time flexible maximization requirement to offices with 125 or more man-years of employment; the 1978 memorandum applied only to installations with 150 or more man-years of employment.
Another maximization requirement. The memorandum creates a separate, additional obligation to maximize full-time positions beyond the four separate maximization obligations of Article 7.3.A-D. See paragraph 3 of the letter of intent. In other words, even though management has complied, for example, with the 88 percent full-time requirement in a 200 man-year facility (Article 7.3.A), further conversions to full-time flexible may still be required when the requirements of this memorandum are met. (However, as noted above under Article 7.3.A, if an office falls below 88 percent, conversions must first be made to full-time regular to bring the office to 88%. However, after full-time flexible positions have been created they may be counted as full-time toward the 88 percent requirement.
This specific maximization obligation is similar to that of Article 7.3.C, because it is triggered by a PTF carrier working a relatively regular schedule over a six-month period. However, where Article 7.3.C requires work on the same assignment, this memorandum requires only that the PTF carrier be performing letter carrier duties of any kind.
Nature of full-time flexible position. When a PTF carrier's work over a 6-month period meets the criteria of this memorandum, the senior PTF must be converted to full-time flexible (FTF). Under the memorandum a full-time flexible carrier has a flexible schedule which is established week-to-week and posted on the Wednesday preceding the service week. However, that schedule may involve varying daily reporting times, varying nonscheduled days and varying reporting locations with the installation depending on operational requirements.
Under the letter of intent a full-time flexible carrier:
Subject to operational requirements, should not be subjected to unreasonable disruptions in reporting times, non-scheduled days and reporting locations (paragraph 4); and
Is subject to reductions in full-time carrier positions through either reversion (see Article 41. 1) or excessing (see Article 12.5) before full-time regular carrier positions (paragraph 6).