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USPS-NALC Joint Contract Administration Manual, …

JCAM 2004 February 2004 National Associationof Letter CarriersUSPS-NALCJ oint Contract AdministrationManual TRANSMITTALLETTER FEBRUARY2004 Explanation:The attached jointly prepared material updates the February 2003edition of the USPS/NALC Joint Contract Administration manual (JCAM). Itincorporates all significant national level arbitration awards, grievance settle-ments and agreements through February 2004. All material being replaced isobsolete and should be discarded. The discarded material should not be used orrelied upon for any :File this transmittal letter in front of your copy of the JCAM sothat it will always be possible to verify that the changes have been made and themost current material is being referenced.

collective bargaining relationship with the U.S. Postal Service. Despite the doctrine of exclusive representation, Article 17.2.E provides that a

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Transcription of USPS-NALC Joint Contract Administration Manual, …

1 JCAM 2004 February 2004 National Associationof Letter CarriersUSPS-NALCJ oint Contract AdministrationManual TRANSMITTALLETTER FEBRUARY2004 Explanation:The attached jointly prepared material updates the February 2003edition of the USPS/NALC Joint Contract Administration manual (JCAM). Itincorporates all significant national level arbitration awards, grievance settle-ments and agreements through February 2004. All material being replaced isobsolete and should be discarded. The discarded material should not be used orrelied upon for any :File this transmittal letter in front of your copy of the JCAM sothat it will always be possible to verify that the changes have been made and themost current material is being referenced.

2 To update your JCAM, replace the oldmaterial with the new material, dated February 2004, as follows. The otherpages, dated February 2003, have not been replaced and should be page and Introduction: Replace with new material datedFebruary 1:Replace pages 1-1 and 1-2 with the new material, datedFebruary 2004. Article 7:Replace pages 7-9 through 7-16 with the new material, datedFebruary 2004. Article 8:Replace pages 8-3 and 8-4, and 8-9 through 8-12 with thenew material, dated February 2004 Article 12: Replace pages 12-9 through 12-14 and pages 12-23 through12-28 with the new material, dated February 2004. Article 13:Replace pages 13-7 and 13-8 with the new material, datedFebruary 2004.

3 Article 15:Replace pages 15-1, 15-2, 15-5 and 15-6 with the new mate-rial, dated February 2004. Article 17:Replace pages 17-1, 17-2, 17-5 and 17-6 with the newmaterial, dated February 2004. Article 25: Replace pages 25-1 and 25-2 with the new material, datedFebruary 2004. Article 41:Replace pages 41-1 and 41-2, and 41-5 through 41-20, and41-27 and 41-28 with the new material, dated February THIS PAGEDO NOT DISCARDNALC-USPS Joint Contract Administration manual - February 2004 JCAM 2004 February 2004 USPS-NALCJ ointContract AdministrationManualUNITEDSTATESPOSTALSE RVICE475 L ENFANTPLAZASWWASHINGTON, DC 20260-4110 NATIONALASSOCIATIONOFLETTERCARRIERS100 INDIANAAVE.

4 NWWASHINGTON, DC 20001-2144 IntroductionThis jointly prepared USPS/NALC Joint Contract AdministrationManual(JCAM) supercedes all previous editions. Publication of theJCAM was undertaken in good faith in order to educate the local par-ties and facilitate the resolution of disputes concerning issues onwhich the national parties are in the parties at the national level still dispute the properapplication of some portions of the collective bargaining Agreement,there are significant areas of agreement. The JCAM represents the par-ties effort to inform labor and management in the field of these areasof agreement and encourage consistency and compliance with theissues treated.

5 The narrative explanation of the collective BargainingAgreement contained in the JCAM should be considered dispositive ofthe Joint understanding of the parties at the national level. Some sec-tions of the Contract do not have a narrative explanation. No inferenceshould be drawn from the lack of explanatory language. The actual language contained in the collective BargainingAgreement is shaded in JCAM is self-explanatory and speaks for itself. It is not intendedto, nor does it, increase or decrease the rights, responsibilities, orbenefits of the parties under the collective bargaining Agreement. Itneither adds to, nor modifies in any respect, the current CollectiveBargaining each step of the grievance/arbitration procedure the parties arerequired to jointly review the JCAM in order to facilitate resolution of disputes.

6 The JCAM may be introduced in the expedited and regu-lar arbitration forums as dispositive of those issues covered by themanual. If introduced into arbitration, the local parties are to allow the document to speak for itself and not seek testimony on the content of the document from the national JCAM may be introduced as evidence in national level arbitra-tion. If introduced as evidence in national level arbitration, the docu-ment shall speak for itself. Without exception, no testimony shall bepermitted in support of the content, background, history or any otheraspect of the JCAM s parties at the national level will update the JCAM at least onceeach calendar year.

7 The parties at the local level should exercise cau-tion to insure that they are working from the most current issue of theJCAM and apply any revisions or modifications prospectively fromthe date of Joint Contract Administration manual - February 2004 IntroductionARTICLE1 UNION RECOGNITIONP reamblePREAMBLEThis Agreement (referred to as the 2001 National Agreement) is enteredinto by and between the United States postal Service (hereinafter referredto as the Employer ) and the National Association of Letter Carriers,AFL-CIO (hereinafter referred to as the Union ). TheAgreement iseffective as of November 21, 2001unless otherwise provided.

8 This National Agreement, which was signed by the parties on June 26,2002, is effective as of November 21, 2001 unless otherwise national parties have agreed to an effective date other thanNovember 21, 2001 for some of its provisions. For example, certain provisions of Article 15 did not become effective until July 8, memorandums of understanding negotiated as part of thisAgreement have an effective date other than November 21, 2001. Insuch cases the implementation date and implementation procedures areexplained under the applicable Contract 1. UNION 1. UnionThe Employer recognizes the National Association of Letter Carriers,AFL-CIO as the exclusive bargaining representative of all employees inthe bargaining unit for which it has been recognized and certified at thenational level City Letter postal Reorganization Act of 1970 (PRA) transformed the PostOffice Department into an independent establishment of the governmentof the United States, The United States postal Service.

9 The PRA alsogave postal employees the right to bargain collectively over their wages,hours and working conditions. The law states that the postal Service shall accord exclusive recognition to a labor organization when theorganization has been selected by a majority of the employees in anappropriate unit as their representative. This PRA mandate followed theconcept of exclusive recognition that had long served as the basis forcollective bargaining in the private sector. The doctrine holds that onlyone labor organization can represent all employees in such unit for thepurposes of collective bargaining in respect to rates of pay, wages, hoursof employment, or other conditions of (Labor-Management Relations Act, Section 9(a).)

10 NALC is the exclusive bargaining agent representing city delivery carri-ers. Although NALC membership is not limited to members of the cityletter carrier craft, NALC is the exclusive representative of all city lettercarriers the onlyorganization entitled to represent letter carriers in theirNALC-USPS Joint Contract Administration manual - February 2004 Page 1-1collective bargaining relationship with the postal Service. Despitethe doctrine of exclusive representation, Article provides that asteward may be designated to represent a craft other than the steward sown if the unions involved approve and notify the postal Service positions currently designated in the letter carrier craft and thuswithin the jurisdiction of NALC for representational purposes are list-ed in Article 1, Section 1 does not speak directly to the question of the precisejurisdiction of NALC or of those unions which are exclusive bargainingrepresentatives for other groups of postal Service unions exclusively representing large, national groups of USPS craft employees are.


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