The

Region 2

“Black Book”

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001 Temporary supervisors (204-Bs)continue to accrue seniority intheir craft during the time theyserve as temporary supervisors.True — C-03227 (National Arbitrator Mittent-hal N8N-A-0383 04/23/81)

002 A 204-B working in the city lettercarrier craft can voluntarilywaive out-of-schedule pay whileon detail to a higher level assign-ment and if worked outside oftheir bid schedule.False — C-00161 (National Arbitrator GamserAB C 341 07/27/75) and JCAM page 8-6

The only provision for waiving out-of-sched-ule pay is when the individual assigned to thehigher level detail fills out a Form3189,which is then signed by both the employeeand the steward. Stewards should not signthe Form 3189 in these circumstances.

003 Management is under no obliga-tion to inform the Union of whohas been assigned to 204-B status.False — M-00030 (Step 4 NCS 9638 02/09/77),M-00357 (Step 4 12/31/85) and Article 41.1.A.2

Management is contractually bound to pro-vide the local union with copies of Form 1723which includes the employee’s name, as wellas the beginning and ending dates of thehigher level assignment.

004 Management may use a craft em-ployee in a 204-B assignment forless than a full day.True — M-00537 (Step 4 H1N-3U-C 3718205/01/05)Any amendment to Form 1723 must be pro-vided to the union.

005 An “Officer in Charge” assign-ment is regarded as a temporarydetail per Article 41, Section1.A.2. of the National Agreement.True — M-00249 (Step 4 H1N-5D-C 329007/09/82)

006 A 204-B may not serve as the man-agement representative in a Infor-mal Step A grievance meeting perArticle 15, Section 2, Informal Step(a) of the National Agreement.False — M-00824 (Step 4 H4N-5E-C 3656102/26/88)

007 A 204-B may serve as a 204-B foran unlimited time and still retaintheir bid assignment as a lettercarrier.False — Article 41.1.A.2

A 204-B assigned as a temporary supervisormay not serve in that capacity in excess offour months, or their route is declared vacantand should be posted for bid in accordancewith Article 41. If the individual returns to thecraft after that date, they are an UnassignedRegular. That individual may rebid their as-signment if they are working as a letter car-rier during the job posting.

008 A 204-B may return to their routefor a short period of time in orderto circumvent the intent of Article41.1.A.2.False — M-00011 (Step 4 NCW 8287 10/27/77)

009 Management may not prematurelyterminate a 204-B assignment.False — M-00789 (Pre-arb H1N-3U-C 3433212/13/87)

010 A 204-B may not be utilized in lieuof a bargaining unit employee forthe purpose of bargaining unitovertime.True — M-00506 (Pre-Arb H1C-5G-C 592903/02/83)An employee detailed to an acting supervisoryposition cannot perform bargaining unit over-time immediately before, or after, their detailunless all available bargaining unit employeesare utilized.

011 A 204-B may not sign the overtimedesired list.False — M-00747 (Step 4 H4N-3N-C 3839404/15/87)A letter carrier may sign the overtime desiredlist according to Article 8, Section 5.A., if theyare not in a 204-B status during the sign-upperiod. They may not perform overtime withinthe letter carrier craft within the beginningand ending times of Form 1723.

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012 A 204-B may not opt for availabletemporary assignments of fivedays or more.True — M-00552 (Step 4 H1N-4B-C 1684010/24/83)

013 A 204-B may not bid on vacantletter carrier craft duty assign-ments.True — M-00016 (Pre-Arb NC-NAT-8581) andArticle 41.1.A.2There is nothing that would prohibit the 204-B from voluntarily terminating their assign-ment and returning to their craft position inorder to exercise a bid under Article 41.

014 A 204-B who is disciplined for anact while actually serving as asupervisor is represented by theNAPS.False — JCAM page 1-3

Per Article 1 of the National Agreement, untilthe 204-B becomes a permanent supervisor,they are represented by the appropriate craftunion.

015 When supervisors perform craftwork in violation of Article 1,there is no remedy if the amountof time is de minimis.True — JCAM page 1-5

If, however, the amount of time is not deminimis, the employee identified by the par-ties will be compensated the appropriate ratefor an amount of time equal to the amount oftime the supervisor spent performing bar-gaining unit work.

016 Supervisors may case mail intoletter carrier cases.False — M-00832 (Step 4 H7N-2M-C 44305/17/88) and JCAM page 1-6

If the phrase “distribution tasks” or “maypersonally perform non-supervisory tasks” isfound in the supervisor’s position description,this does not mean casing of mail in lettercarrier cases.

017 Supervisors may change labels oncarrier cases.False — M-00204 ( USPS Letter 01/28/77), M-00203 (NC-S-4482 01/19/77), M-00691 (NCS4482 02/08/77), and C-03329 (National Arbi-trator Aaron H1N-3Q-C 1288 03/16/83)

018 There is no provision to pay em-ployees for time lost as a result ofsupervisors doing bargaining unitwork.False — M-00206 (Memorandum 11/24/78) andJCAM page 1-5As long as such time is not “de minimis,” theemployees who should have been assigned thework are paid for the time involved.

019 Supervisors are prohibited fromdelivering Express Mail.False — M-00870 (pre-arb H4N-3U-C 2582811/01/88)Supervisors may deliver Express Mail, butonly in accordance with Article 1.6.

020 Individuals who have been dis-charged and are awaiting the dis-position of their case may not bidfor craft assignments.False — C-00432 (National Arbitrator Mitten-thal H1C-3W-C 10155 09/27/83)

021 A full-time reserve or unassignedregular letter carrier who hasopted for an assignment per Arti-cle 41.2.B.3. must work the dutyassignment for the duration andmay not bid on other full-timeduty assignments.False — M-00669 (Step 4 H1N-5G-C 2264102/24/87), JCAM page 41-12

Such a full-time employee has the right to bidfull-time duty assignments even though on theopt. If their seniority allows them to securesuch a full-time bid assignment, then the indi-vidual is placed into such assignment accord-ing to Article 41, Section 1.C.3. The resultant vacant opt is then filled pursu-ant to the provisions of Article 41, Section2.B.3-5, provided there are 5 or more days re-maining in the hold down.

022 A regular letter carrier who istemporarily disabled is not al-lowed to bid for, and be awarded,a full-time letter carrier bid as-signment.False — M-00752 (Memorandum 3/16/87)

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After an individual is awarded a full-time bidassignment as a result of the exercise of theirseniority, and they are unable to immediatelyassume the duties therein, the Postal Servicemay require medical certification whichwould indicate whether or not that individualwill be physically able to carry the routewithin the first six month period.If after six months the individual is stillphysically unable, medical certification mayalso be required for another six-month periodwhich would indicate whether or not the indi-vidual would be physically able to do the du-ties of the position.After a year if the individual is still physi-cally unable to carry their assignment thenthe bid is vacated and re-posted per Article41. That individual may not bid for the job.

023 Carriers may be designated a suc-cessful bidder not more thanseven times during the durationof this National Agreement (2001-2006).False — Article 12.3

Carriers may have additional bids for higherlevel positions, elimination or reposting of theemployee’s duty assignment, or when as-signed to a station closer to home.

024 A letter carrier may designate the“line of travel” as the approxi-mate break location for theirstreet breaks.True — M-00138 (Letter 5/10/79)

025 A street break may not be takenin the office.False — M-00424 (Step 4 N8-W-031206/11/80) and M-00527 (Step 4 H1N-3U-C32763 09/10/84)

026 Breaks must be recorded on Form1564A and shall have a specifictime noted on the form as towhen they must be taken.False — M-00134 (Letter 2/21/79)Specific times must be indicated for lunchesbut not for breaks.

027 Breaks may not be taken in con-junction with a lunch period.True — M-00834 (Pre-Arb H4N-3Q-C 4072202/02/88) and M-39 242.341

028 A PTF will only be allowed to takea break if they work a minimum ofeight hours.False — M-00618 (Step 4 H4N-5L-C 131611/13/85)It is agreed that breaks can be taken on a prorata basis which would be five minutes foreach two hours worked.

029 Personal comfort stops arededucted from total street timeduring route examinations.False — M-00242 (Step 4 NCE 2097 09/13/76)

030 The Union must furnish its ownbulletin board if they desire onein the installation.False — Article 22

It is the Employer’s responsibility to furnishbulletin boards for each of the Unions for theirown use if space is available.

031 The Union may not post thenames of non-members on its bul-letin board.False — C-03224 (National Arbitrator GamserN8-W-0214 07/14/81) and JCAM page 22-1

The Union may post the names of non-mem-bers on its bulletin board as long as the PostalService cannot prove that the material is un-suitable because it has caused, or will cause,an adverse impact upon the Service to directthe work-force or manage its operations effi-ciently.

032 Recommended political candi-dates may be listed on NALC bul-letin boards regardless of politicalaffiliation.True — M-01159 (Step 4 WON-5R-C 1539712/16/93)

033 If a casual works on Monday of awork week for eight hours and aPTF is not scheduled that day, aviolation of the Contract has oc-curred.False — C-00403 (National Arbitrator GamserACC 13148 12/20/79) and JCAM page 7-3

National Arbitrator Gamser concluded thatthe National Agreement does not require thatall PTFs at an installation must receive 40hours at the straight time rate before any ca-sual is scheduled.

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034 PTF letter carriers are guaran-teed forty hours of work at thestraight time rates before casualemployees may be scheduled.False — C-00403 (National Arbitrator GamserACC 13148 12/20/79) and JCAM page 7-3

035 When PTF letter carriers do notget 40 hours a week, they shouldbe used in the clerk craft before acasual is used in that capacity.True — C-01215 (Regional Arbitrator Gold-stein C8N-4K-C 14627 01/27/82)

036 PTF employees should be usedacross craft lines before usingcasuals.True — M-00312 (Memorandum 6/22/76 – Conway)

037 ODL employees must be maximiz-ed prior to using casuals.False — C-03246 (National Arbitrator GamserNN-731 07/01/73), C-00675 (APWU NationalArbitrator Zumas H1C-4K-C 27344 11/21/85)

038 Casuals are either letter carriersor clerks.False — JCAM page 7-4, M-01541 (D94N-4D-C98000707 06/21/05)Casuals may work in both crafts, howeverthey must be so designated when hired. Ca-suals employed in another craft may not beutilized in the letter carrier craft unless prop-erly designated at the time they were ap-pointed.

039 Management may work employ-ees across craft lines without re-striction in offices of less than100 employees.False — C-05959 (Regional Arbitrator Roten-berg C4N-4C-C 63 12/31/85)The restrictions found in Article 7 regardingmanagement’s rights to work employeesacross craft lines apply regardless of the sizeof the office or any past practice to the con-trary.

040 When management combineswork from different crafts tomake a full-time position, theymust first get the approval of thecrafts involved.False — Article 7.2.A

Article 7 only requires management to informthe Unions in advance of the reasons for com-bining such work.

041 RCA’s are prohibited from work-ing in the carrier craft.False — M-01193 (Step 4 H9ON-4H-C-93019498 07/24/94)In emergency circumstances, RCA’s can workin the carrier craft. Also, under a temporarydual appointment per ELM 323.61.Note: An emergency is defined in Article 3.f as,“an unforeseen circumstance or a combinationof circumstances which calls for immediateaction in a situation which is not expected tobe of a recurring nature.”

042 Discipline must be corrective innature, rather than punitive.True — JCAM Page 16-2

For most offenses, management must issuediscipline in a “progressive” fashion. “Pro-gressive” is demonstrated by issuing lesserdiscipline, such as a Letter of Warning, for afirst offense, followed by a pattern of increas-ingly severe discipline for succeeding offenses.

043 Discussions with employees arenot discipline and are not griev-able.True — Article 16.2 and M-00548 (SettlementAgreement N8C-1M-C 3719 05/12/81)It is important to note that any informationabout those discussions shall not be includedin the employee’s personnel folder, and discus-sions are held in private. Also, instructionsgiven during the discussion that violate theNational Agreement should be grieved.

044 A one-day count and inspectionmay not be used as the sole basisto establish a standard againstwhich the carrier’s performancemay be measured for disciplinarypurposes.True — M-00829 (Step 4 H1N-5B-C 2913104/15/86)M-39, Section 141.2 allows for a one-day countto determine office performance but there isabsolutely no contractual provision for a one-day count and inspection. Form3999s may becompleted throughout the year.

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045 Linear daily volume estimatesmay not be utilized to constitutethe sole basis for disciplinaryaction.True — M-00394 (Letter 8/22/79) and M-01444(Step 4 Q94N-4Q-C 99022154 07/30/01)The same remains true for estimates enteredinto DOIS.

046 Management may discipline aCarrier for failure to meet the “18and 8” casing standards.False — M-00386 (Step 4NC-NAT-681107/11/77)The NALC’s position has always been, andremains, that the only basis for disciplining acarrier relative to casing standards is “unsat-isfactory effort.”

047 Disabled veterans who are em-ployed by the Postal Service haveadditional protections relative tothe use of sick leave and leavewithout pay.True — M-00165 (Executive Order 5396 – Her-bert Hoover), M-00787 (Step 4 H4N-2N-D30557 03/19/87), ELM 514.22

Since 1930 there has been a legal protectionfor disabled veterans if they present a state-ment from their doctor proving that medicaltreatment is required. They will be allowed totake sick leave and leave without pay fortheir treatment without any penalty in effi-ciency ratings.

048 Where an employee meets thecriteria of M-39, Section 271.g andrequests a special route inspec-tion in writing, discipline for ex-cessive office or street time isinappropriate.True — C-05952 (Regional Arbitrator LevakW4N-5B-D 3530 12/19/85), C-07603 (RegionalArbitrator Levak W4N-5R-D 44413 11/30/87)

049 Emergency suspensions are sub-ject to review and concurrencethe same as regular suspensions.True — C-05164 (Regional Arbitrator Le-Winter S1N-3W-D 45373 09/19/85)

050 Discipline must be effected with-in fourteen days of the date it oc-curred.False — C-01520 ( National Arbitrator GarrettNE-83 07/26/72), C-07106 (Arbitrator HowardE4N-2U-D 33715 05/08/87 and JCAM page 16-2

However, discipline must be timely withoutextended delays.

051 Absences for Family MedicalLeave purposes may be cited inthe issuance of discipline.False — C-14107 (Regional Arbitrator LurieH90N-4H-D 94068273 11/27/94), 29 CFR825.220FMLA absences are excused for up to a total of12 weeks. No discipline may be issued basedon FMLA leave.

052 Insubordination, in and of itself, isgrounds for an emergency suspen-sion.False — C-10423 (Regional Arbitrator Parkin-son LC90119PG 11/09/90) and C-10293 (Re-gional Arbitrator Howard 09/26/90)

053 An employee may be removed atany time for a disability.False — C-00145 (Regional Arbitrator LevakW4C-5D-D 947 07/16/85) and Article 16.1

No employee may be discharged except for justcause.

054 Management has no responsibilityto “reasonably accommodate” aqualified handicapped person.False — Article 2.1

Article 2 creates a requirement that the PostalService must reasonably accommodate a“qualified handicapped person” because of theincorporation of the Rehabilitation Act of 1973as amended in 1975.

055 If a grievance is filed protestingdiscrimination on the basis of oneof the categories listed in Article2, such grievance must be initi-ated at Informal Step A with theimmediate supervisor.False — Article 2.3

Article 2, Section 3 states that a discrimina-tion grievance may be filed at Formal Step Awithin 14 days of the alleged discrimination.

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056 If a carrier is discriminatedagainst for reasons of race, creed,color, religion, national origin,sex, age or marital status, theemployee may file a grievance onthis discrimination.True — Article 2.1

The carrier should also consider filing anEEO Complaint.

057 Settlement of an EEO complaintbars further processing of agrievance on the same subject.False — M-00818 (Step 4 H4N-3U-D 2833802/11/88), M-00770 (Step 4 H4N-3U-D 2507604/15/87) and JCAM page 16-11

058 Management has no obligation tomaintain DPS quality after ob-taining the initial threshold per-centage.False — M-01225 (Step 4 H90N-4H-C94050275 05/09/95)

059 Management may only use cur-rent route inspection data in im-plementing DPS.True — M-01221 (Step 4 C90N-4C-C-9403856107/25/95)

060 The Postal Service requires ran-dom drug testing of all presentemployees.False — M-00653 (USPS Memorandum 8/6/86)This provision prohibits across the board ran-dom drug testing of present employees underany circumstances.

061 The Service may test certain driv-ers for drugs.True — MI PO-720-95-2 (09/29/95)The Omnibus Transportation Employee Test-ing Act of 1991 requires alcohol and drugtesting of safety-sensitive employees in themotor industry. The Department of Transpor-tation (DOT) published rules mandating anti-drug and alcohol misuse prevention programsin February 1994.The February 1994 rules required that imple-mentation begin on January 1, 1995, for em-ployers of fifty or more safety-sensitiveemployees.

A safety-sensitive employee, for the purpose ofthese regulations, may be defined as one whoholds a Commercial Driver’s License (CDL)and who drives a vehicle in excess of 26,000pounds Gross Vehicle Weight Rating (GVWR).

062 Linear measurement evaluationsmay be the basis for an Article16.2 discussions concerning theletter carrier’s efficiency.False — C-04547 (Regional ArbitratorLeWinter S1N-3W-D 26096 11/28/84)No discussion using linear measurement orDUVRS as a basis for discipline may be heldpursuant to Article 16, Section 2. The appro-priate way to determine the office efficiency ofa letter carrier is to apply M-39 Section 141.2which allows a one-day count.

063 Reference volume alone may beused as the basis to substantiatewrongful expansion of street time.False — M-00600 (National Joint City DeliveryMeeting Minutes 11/16/83)

064 DUVRS or linear measurement isto be eliminated as a consider-ation in the determination of dis-cipline.True — C-04547 (Regional Arbitrator LeWinterS1N-3W-D 26096 11/28/84)

065 The workload assessment process,in certain instances, may be usedto replace the route inspectionprocess.False — M-01233 (Step 4 H90N-4H-C 9507686612/13/95)

066 A meeting with an EEO counselormay only be done off-the-clockand may not include the com-plainants representative.False — M-00493 (Step 4 H1N-3U-C 1853003/12/84) and EL-603 2.1.27.1.c

Both the complainant and the representativewill be allowed reasonable time to meet withan EEO counselor as long as the meeting isheld within the employee’s regular workinghours.

067 An EEO settlement automaticallyvoids a grievance if the issues orremedies are the same.False — M-00770 (Step 4 H4N-3U-D 2507604/15/87)

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A Union representative may not agreethrough the grievance procedure to nullify anEEO complaint without the EEO complain-ant’s consent.

068 Probationary employees may notfile a complaint with the EEOCregarding separation.False — Article 12.1.A

Article 12, Section 1.A restricts access to thegrievance procedure regarding separation.However, the National Agreement does notprohibit a probationary employee from exer-cising any other type of appeal.

069 An “emergency” is contractuallydefined as “any incident whichcould not be foreseen.”False — M-00105 (Step 4 NCS 1263211/16/78), C-03633 (Regional Arbitrator HollyS1N-3U-C 14096 08/05/83) and Article 3.F

Article 3.F. defines an emergency as being anunforeseen circumstance or combination ofcircumstances which calls for immediate ac-tion in a situation which is not expected to beof a recurring nature.

070 Management may refer an indi-vidual to the EAP program andrequire that continued atten-dance be a condition of employ-ment.False — JCAM page 35-2

EAP Counselor services are available,through voluntary self-referrals, to letter car-riers and their family members. A manage-ment official may also refer an employee toEAP. However, participation is entirely vol-untary. Article 35 includes the joint understanding ofthe EAP program and underscores the neces-sity of local branches to include in their de-fense of employees who are disciplined forany reason to attempt to determine, as soonas possible, if the individual has an alcohol ordrug program.Include Article 35 as a possible defense be-cause the language clearly allows for favor-able consideration of voluntary participationin such programs in disciplinary actions.

071 Automobiles, and contents there-of, are covered under employeeclaims.False — Article 27

Such losses may be recovered through the fil-ing of a tort claim

072 Bicycles are considered “privatelyowned vehicles” for the purposesof Article 27.False — JCAM page 27-2 and M-01440 (Pre-arbF90N-4F-C 95004286 04/19/01)

073 An employee may not seek reim-bursement for loss or damage topersonal property while on dutyor while on postal premises.False — Article 27 and ELM 642

Employees shall fill out Form 2146, EmployeeClaim for Personal Property, and seek state-ments from both their immediate supervisorand the steward so that the claim should bedocumented and proper recommendationsmade to the Step B team.

074 Torn or ripped uniforms qualifyfor employee claims.True — C-04462 (Regional Arbitrator CarawayS1N-3A-C 10700 10/09/84) and C-02686 (Re-gional Arbitrator Garaway S1N-3T-C 10712/21/82)

075 An employee may file a claim un-der Article 27 for up to six monthsfrom the date of loss or damage. False — Article 27

An employee claim must be initiated within 14days.

076 An employee may only file a griev-ance to challenge a Letter of De-mand.False — ELM 437.1 and JCAM page 28-2

An employee, in addition, may file Form 3074,available from their installation head, request-ing a waiver of an overpayment.

077 When a Letter of Demand is issuedto an employee, the employeemust immediately make restitu-tion and then grieve for repay-ment.False — M-01192 (Memorandum 7/94) and Article 28.4Article 28, Section 4 provides the employer willdelay collection of the monies until dispositionof the grievance has been made.

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078 An employee may not be held fi-nancially liable for any loss, ri-fling, damage, wrong delivery ofthe mails, or failure to collect orremit COD funds, if the employeeexercises reasonable care.True — Article 28.2

079 If a special delivery craft exists inan installation, they have exclu-sive jurisdiction over delivery ofExpress Mail.False — C-13863 (National ArbitratorMittenthal H7S-3A-C 24946 9/29/94) and M-00870 (Pre-arb H4N-3U-C 25828 11/01/88)Management has not designated the pickupand delivery of Express Mail to any specificcraft.

080 The Postal Service may schedulea fitness-for-duty examination(FFD) at any time per their dis-cretion.False — ELM 864.32

The Service’s right to order fitness for dutyexaminations is limited under the FamilyMedical Leave Act.

081 An employee may not be sched-uled for a FFD on their non-scheduled day.False — M-00356 (Step 4 H1N-5F-C 2907205/23/85) and M-00094 (Step 4 H1C-5F-C 926811/14/84)The Postal Service may schedule employeesfor fitness-for-duty exams on non-scheduleddays.

082 When an employee is called in fora FFD on a non-scheduled day,the Postal Service must guaran-tee them eight hours pay.False — M-00094 (Step 4 H1C-5F-C 926811/14/84), M-00550 (Step 4 H1C-4F-C 1910910/11/83) and M-00356 (Step 4 H1N-5F-C 2907205/23/85)The Postal Service is allowed to pay theseindividuals only for the time taking the ex-amination, including travel time.

083 In the case of a limited duty car-rier, they may not be required toundergo an FFD during non-workhours.True — M-01161 (pre-arb H7N-5F-C 2618512/10/93)

084 Management may not issue formslocally, nor locally revise existingforms.False — ASM 325.12

Such forms must be either promulgated or re-vised per Sections 324 and 325 of the Adminis-trative Support Manual. If such forms are notproperly revised according to that section,then the forms are grievable and should not beallowed.

085 Form CA-8 must be obtained bythe employee from the Office ofWorkers’ Compensation Pro-grams.False — M-00797 (Step 4 H4C-3A-C 2560504/03/87)The Form CA-8 should be available to all em-ployees on all tours.

086 Only letter carriers may re-labelcases and fill out the Form 313.True — C-03329 (National Arbitrator AaronH1N-3Q-C 1288 3/16/83), M-01377 (Step 4G94N-4G-C 97067155 2/22/99) and M-00967(USPS Letter 11/89)

087 Form 1187 may not be filled out byemployees on the clock.False — M-00317 (Step 4 H4N-4J-C 253607/19/85) and JCAM page 17-8

Completion of the Form 1187 is permitted byemployees during orientation.

088 Form 1571 is a defunct form andshould not be utilized by carriers.False — M-00413 (Step 4 H1N-5F-C 1248210/28/83), M-41 131.44

Forms 1571 are still in use and should be filledout on the day to which they apply.

089 Form 1723, which indicates anindividual assigned to higher leveldetails as a 204-B, is to be sent tothe Regional Office of the NALC.False — JCAM page 41-3, M-00755 (Step 4H4N-4U-C 26041 05/22/87)

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The local union shall receive copies of theForm 1723, as well as any modificationsmade due to premature ending of the em-ployee’s assignment or any other reason.

090 Form 1750, which is utilized toevaluate probationary employees,may be used to evaluate employ-ees who are not probationary.False — M-00020 (Step 4 NC-C-9547 3/3/78Only probationary employees are evaluatedusing Form 1750.

091 Employees may be required tocomplete Form 2488, Authoriza-tion for Medical Report.False — M-01441 (Pre-arb D90N-4D-C94025408 04/19/01)The Privacy Act statement on the Form 2488makes clear that completion is voluntary.There is virtually no reason why any em-ployee should ever grant the Postal Serviceunfettered access to medical records.

092 An individual called in on theirnon-scheduled day may negatethe Article 8 guarantees by fillingout Form 3971 for personal rea-sons.True — M-00119 (Step 4 NCS 12428 11/21/78),M-00879 (Step 4 H4N-2D-C 40885 11/14/88),M-01210 (Step 4H90N-4H-C 94042984 1/5/95)and JCAM page 8-24

Management may not solicit employees towork less than their call in guarantee, normay employees be scheduled to work if theyare not available to work the entire guaran-tee. However, an employee may waive aguarantee in case of illness or personal emer-gency. This procedure is addressed in theF22, Section 22.14 and the ELM, Section432.63.

093 Only carriers should maintainForm 3982.True — M-00256 (Step 4 H1N-5C-C 579310/18/82)

094 A copy of Form 3996 may be re-quested by a carrier and shall beprovided.True — M-00144 (Step 4 NCS 13207 5/8/79),Article 41.3.G, and M-39 122.33

095 Individuals who provide carrierassistance shall complete thelower portion of the Form 3996 asinstructed on the form.True — M-00294 (Step 4 H1N 5G-C 167663/2/84) and M-41 28.m

096 A vehicle repair tag Form 4565may be filled out the following dayif the employee is in an overtimestatus.False — C-06135 (Regional Arbitrator SchedlerS1N-3U-C 30068 5/11/86) and M-41 842.1

An employee must be allowed official time tocomplete the Form 4565 even if they are in anovertime status.

097 Local management may developlocal forms provided that the localPostmaster has authorized suchform.False — M-00852 (pre-arbH7N-2D-C 4212211/24/92), M-01156 (Step 4H1N-5K-C 67541/12/83)This pre-arb cites ASM 324.12. The ASM hasbeen revised. The original language is nowfound in ASM 325.

098 Management may require carriersto write their leaving and return-ing times on the carriers’ casesduring the commitment process.False — M-00853 (Step 4 01/12/83)

099 Laws concerning wages, hoursand working conditions are notapplicable to letter carriers.False — JCAM page 5-1

The National Labor Relations Act, and otherlaws relative to the Postal Service, are incor-porated through Article 5 of the NationalAgreement into our contract.

100 “Past practice” should never beargued in the grievance proce-dure.False — Elkouri and Elkouri, Chapter 12 and JCAMpage 5-2Arbitrators generally consider past practicewhere it exists in the interpretation of “rights”issues. For a past practice to exist it must beclear, consistently followed, followed over areasonable length of time and shown by therecord to have been accepted by the parties.

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A past practice which has developed in si-lence may be changed when (1) the practice isno longer economical or efficient; (2) the com-pany changes owners or the bargaining unitchanges; (3) the company changes operationsor the nature of the business changes; or (4)one party informs the other during the nego-tiation of a new contract that it is not bring-ing forth into the new contract the specificpast practice that had developed.If the practice clarifies ambiguous languageis an existing agreement, it may only bechanged if the parties mutually agree to thatchange.

101 Postal employee witnesses at ar-bitration hearings are paid forthe time spent testifying at thehearing.True — M-00101 (Step 4 NCN 2064)This is an accurate answer except that thePostal Service is not obligated to pay for over-time outside the schedule of the employee,nor would they be liable for pay on the non-scheduled day of a witness.

102 When a grievant is a veteran whofalls under the Veterans Prefer-ence Act, is issued a proposed re-moval as well as a letter of deci-sion based on the same charges,it is unnecessary to grieve theproposed removal, but only theletter of decision.False — M-00374 (Step 4 09/26/74) and JCAMpage 15-6If a local fails to process a grievance on theproposed removal and only on the letter ofdecision, they will be found procedurally defi-cient and untimely and be subject to a duty offair representation suit by the employee.It is to be remembered that the letter of deci-sion deals solely with the individual’s rightsunder the Merits System Protection Boardand the proposed removal is the triggeringdocument relative to the grievance. Two sep-arate meetings must be held.Grievances concerning proposed removal ac-tions which are subject to the thirty day noti-fication period in Article 16.5 will be held atFormal Step A of the grievance procedure.

Consistent with the Dispute Resolution Pro-cess Memorandum, the employee will remainon the job or on the clock until after the Step Bdecision has been rendered or 14 days afterthe appeal is received at Step B, except foremergency or crime situations as provided forin Articles 16.6 and 16.7. The Union does not file a separate grievanceon the decision letter. Rather, the union maymake additions to the file based on the deci-sion letter at either Step A or Step B, Thisdoes not preclude any arguments by manage-ment regarding the relevance of the additions.

103 It is better to withhold informa-tion until the Formal A grievancemeeting for its surprise effect.False — M-00166 (Step 4 N8-N-0027 07/24/79)and Article 15.2, Informal Step A(a)

During the Informal A meeting, the partiesare encouraged to jointly review all relevantdocuments to facilitate resolution of the dis-pute. It is the position of the NBA’s office that anywithholding of information which the partiesclearly had at a lower level could be a possibleargument of the Service at arbitration for ei-ther arbitrary and capricious action on thepart of the Unions, or provide the basis for amotion to exclude such evidence.

104 The grievant has no right to be inattendance at the Informal Ameeting.False — M-00223 (Step 4 H4N-3W-C 879703/21/86

105 The presence of the grievant atthe Formal A grievance meeting isdetermined by the Union.True — M-00790 (Step 4 H4N-1E-C 2803405/22/87) and JCAM page 15-6

106 Management is required to paythe grievant for the time spenttraveling to and from a Formal Agrievance meeting. False — C-03214 (National Arbitrator Mitten-thal N8N-0221 01/18/82)

107 Union stewards are compensatednot only for the actual meetingtime at Formal A, but also fortravel time both to and from themeeting.False — M-00716 (Step 4 N8-S-0330 06/18/80),JCAM page 17-5

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108 A steward must write the actualappeal to Step B on their owntime.False — C-00381 (National ArbitratorMittenthal ABE 021 12/10/79 page 7)The steward is entitled to be paid for the timespent writing the appeals to Step B.

109 Witnesses at arbitration hearingsare paid for the time spent testi-fying at the hearing.True — M-00101 (Step 4 NCN 2064 09/08/76)This is an accurate answer except that thePostal Service is not obligated to pay for over-time outside the schedule of the employee,nor would they be liable for pay on the non-scheduled day of a witness.

110 Management is liable for the pay-ment of travel time for stewardsand witnesses to and from thearbitration hearing.False — C-04657 (National Arbitrator Mitten-thal H1N-NA-C 7 02/15/85) and JCAM Page15-15

111 Retired employees may not initi-ate grievances.True — C-06363 (National Arbitrator Bern-stein H1N-4E-C 9678 07/21/86)

112 If an individual has left the Ser-vice by either resignation, retire-ment or death, the grievance ofthat individual is thereby barredfrom further processing.False — M-00226 (Memorandum of Under-standing 10/16/81)

113 Decisions issued by regional arbi-trators are precedent setting andmust be followed by arbitratorsdealing with the same issue insubsequent proceedings.False — JCAM page 15-19, C-07233 (NationalArbitrator Bernstein H1N-1J-C 2324708/07/87) and M-01372 (Step 4 B94N-4B-C-97024116 01/13/99)Decisions from regional arbitrators are cite-able only for persuasive value and not for pre-cedent setting value.That is, they are not absolute and arbitratorswho rule subsequently are free to pursue adecision other than that which was arrived atby a regional arbitrator.

On the other hand, national arbitrator deci-sions are precedent setting and regional arbi-trators are bound by them.

114 If new information or argument israised for the first time at the ar-bitration hearing, then such infor-mation may not be considered bythe arbitrator.True — C-03319 (National Arbitrator AaronH8N-5B-C 17682 04/12/83), C-03206 (NationalArbitrator Mittenthal N8-W-0406 09/21/81)and C-07621 (Regional Arbitrator GoodmanW4N-5D-C 8161 12/02/87)However, Arbitrator Aaron has held that “thespirit of the rule (against new arguments atarbitration) should not be diminished by ex-cessively technical construction.”

115 Arbitrators have the authority tofashion remedies outside thescope of the National Agreementto make a grievant whole.True — C-03200 (National Arbitrator GamserNCS 5426 04/03/79)The whole issue of permissive remedies is anew area but the principle as most simply ex-pressed is “there is no right without a rem-edy.”The reasoning simply put is that there aremany breaches of the Agreement that the par-ties have not specifically stated what the rem-edy should be. Therefore, it is within the in-herent rights of the arbitrator to fashion sucha remedy and such should be remembered aswe write remedies in the grievance procedure.

116 The remedy requested by the Un-ion through the grievance proce-dure may not be altered at arbi-tration.True — C-06871 (Regional Arbitrator SobelS4N-3R-D 35445 03/07/87)What is important in this case is that whilethe Union cannot change the remedy, the arbi-trator may do so if it can be shown that theindividual who wrote the grievance was eitherinexperienced or misinformed.It is to be remembered that this is just one arbi-trator’s opinion while most of the body of arbi-tral case law would be against this position.

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117 Representatives for both the Un-ion and management have anobligation to try and resolvegrievances at the lowest possiblelevel.True — Article 15.3(A)

118 If a grievance is resolved at Infor-mal A, that resolution is consid-ered precedent-setting for all fu-ture grievances concerning thesame subject matter.False — Article 15.2 Informal Step A (a)

A resolve at Informal A is never precedentsetting.

119 When a 204-B is acting as supervi-sor, the steward should file Infor-mal A grievances with the instal-lation head.False — M-00824 (Step 4 H4N-5E-C 3656102/26/88)The term “immediate supervisor” as used inArticle 15 may mean an “acting supervisor.”

120 Failure by management to sched-ule a meeting or render a deci-sion automatically appeals agrievance to the next step of theprocedure.False — JCAM page 15-11

Article 15.3.c allows the grievance to move tothe next step. It does not create an automaticappeal. The responsibility for appealing with-in the time limits still rests with the union.

121 Any carrier may hold their ownInformal A meeting and makeany adjustments without the Un-ion’s consent.False — M-01065 (Pre-arb H7N-5R-C 2682904/02/92) and JCAM page 15-2

Absent a waiver by the bargaining represen-tative, Section 9(a) of the National Labor Re-lations Act require the representative bepresent at the adjustment portion.

122 Completing the Joint Step AGrievance Form is done on theclock, but doing the additionsand corrections is not.False — M-01145 (APWU Step 4 A8-S-030912/07/79) and JCAM page 15-7

123 Employees on “light duty” areguaranteed eight hours per dayand forty hours per week.False — C-00935 (National Arbitrator Mitten-thal H1C-4E-C 35028 06/12/87)Employees on light duty may be sent homebefore the end of their scheduled tours due toa lack of work.

124 Regular employees on “limitedduty” are guaranteed 40 hours ofwork, compensation or a combina-tion thereof per week.True — M-00583 (Step 4 H8N-NA-C 5302/07/83)If 40 hours are not worked, then a Form CA-7should be submitted to OWCP.

125 A PTF is always guaranteed eithertwo or four hours depending onthe size of the installation whenthey work a split shift.False — M-00246 (Step 4 H1N-3W-C 480407/08/82)If the PTF is notified prior to clocking out thatthey should return within two hours to work asplit shift, then no new guarantee would ap-ply. On the other hand, if the PTF is told prior toclocking out that they will return after twohours, then the employee will be given theirminimum guarantee. Thirdly, if the PTF com-pletes their assignment, clocks out and leavesthe premises and are then called back, theyare guaranteed four hours of work or pay. Thisguarantee is applicable to any size office.

126 Letter carriers may never deliverin other than daylight hours.False — M-00483 (Step 4 N8-W-0378 09/26/80)

127 Local management must provideforms to be available at each in-stallation for reporting unsafe orunhealthful conditions.True — Article 14.2

Article 14, Section 2 refers to Form 1767.

128 Management has fourteen days toaddress a complaint listed onForm 1767.False — ELM 824.632

Instructions on Form1767 say managementhas not less than the end of the shift ortwenty-four hours to address the complaint.

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129 Smoking is prohibited in postalvehicles.False — M-00950 (Step 4 H7N-5T-C-1286710/06/89)Smoking in the vehicle is permitted if theemployee is on break or lunch and if thesmoker is not accompanied by a non-smoker.

130 On-the-job instructors (OJIs) fornew employees are compensatedat Grade 2 for the time actuallyspent on the job.True — M-00309 (Step 4 H4C-1E-C 634812/17/85)

131 An individual who has exercisedan opt under Article 41, Section2.B.3 or 4 is not available to bedetailed to higher level bargain-ing unit work under Article 25.False — M-00276 (Step 4 05/06/81)

132 Temporarily vacant carrier tech-nician (T-6) positions are filledper the provisions of Article 41,Section 2.False — M-00431 (Pre-Arbitration SettlementH8N-3P-C 32705 01/27/82) and JCAM page 8-5,JCAM page 25-2 and JCAM page 41-10

T-6 positions are filled per Article 25 of theNational Agreement.

133 The duration of a higher levelassignment is demonstrated by aproperly executed Form 3971.False — Article 41.1.A.2

The correct form is a Form 1723.

134 A regular carrier on a bid routemay not assume a temporary T-6vacancy of five or more days.False — JCAM Page 25-2

Article 25 makes any eligible, available, qual-ified carrier available for the higher level as-signment in the immediate work area inwhich the vacancy exists.

135 When scheduling for a holiday,management is required to usethe ODL.False — M-00366 ( Step 4 N8-C-0191 01/10/80)and JCAM page 8-12

136 When a pecking order reaches thenon-volunteers, those who wouldbe working on their holiday ordesignated holiday, are scheduledto work first.False — Article 11.6.B

Absent a local agreement otherwise, the indi-viduals whose holiday or designated holiday itis would be the last individuals to be workedin a non-volunteer status.

137 Management must post the holi-day schedule as of the Wednesdaypreceding the week in which theholiday falls.False — Article 11.6.A

Article 11, Section 6.A requires the Postal Ser-vice to post the schedule by the precedingTuesday.

138 If the Postal Service fails to postthe schedule as of the Tuesdaypreceding the service week inwhich the holiday falls, a full-timeregular bargaining unit employeewho works on his holiday ordesignated holiday will receiveovertime for the whole day’s work.False — ELM 434.53

While it may seem like semantics, ELM Sec-tion 434.53 provides for a “holiday schedulingpremium” of 50% in cases as described above. This premium is paid for the first eight hoursof holiday work if a violation occurs and there-after the individual is paid overtime as theywould normally receive for working more thaneight hours within a service day.

139 If a full-time regular employeethat was properly scheduled towork the holiday is unable towork or fails to do so, the PostalService may replace that em-ployee and not be liable for holi-day scheduling premium.True — ELM 434.53.c(1), M-00155 (Step 4 NCC9687 02/28/78) and JCAM page 11-4

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140 Management may assign individ-uals in to work on a holiday be-cause they are better qualifiedthan another carrier.False — M-00340 (Step 4 NBS 1739 07/16/74)

141 A PTF receives holiday pay inaccordance with all regulationsas a regular employee does.False — Article 11.7

A PTF receives a higher hourly rate of pay foreach hour worked than a regular letter car-rier in the same pay level would receive. Thiscompensates for loss of holiday pay.

142 Management may schedule TEson holidays or designated holi-days prior to using full-timevolunteers.False — M-01200 (Step 4 C90N-4C-C-94041271 01/05/95)

143 The Union may not require man-agement to divulge whether Un-ion officials have applied formanagement positions.False — M-01150 (Pre-arb H4C-3W-C 2706802/13/90) and JCAM page 31-3

144 Management may deny Unionaccess to an employee’s officialpersonnel file (OPF) when theemployee has not consented if thereview is part of a grievance in-vestigation.False — M-01101 (Pre-arb H7N-1P-C 218711/16/88)

145 Official requests for informationmust be submitted in writing.False — C-10310 (Regular Arbitrator SearceS7N-3W-C 26723 09/27/90) and C-00183 (Arbi-trator Caraway S1C-3Q-C 31919 06/27/84)

146 Management is not required torelease medical records of an em-ployee unless the employee hasconsented.False — M-01155 (Step 4 H7N-2C 4493801/14/94), M-00881 (Step 4 H7N-1P-C 218711/16/8), M-01208 (Step 4 A90N-4A-C 94005709/06/94) and C-06652 (Regional ArbitratorRotenbergC4N-4B-C 15886 11/16/86)

The release of medical records is provided forin the ASM Appendix 120.90, EL 806 and byArticle 17 and 31.

147 The Union is entitled to supervi-sors discipline records when nec-essary and relevant.True — M-01160 (Pre-arb H7N-1E-C 2387012/16/93), C-10986 (National Arbitrator SnowH7N-5C-12397 07/29/91)

148 Supervisor’s notes taken duringdiscussions may be passed on toother supervisors and 204-Bs.False — M-00314 (Step 4 H4C-5K-C 29008/23/85) and M-01190 (Step 4 G90N-4G-C93050025 02/23/94)Supervisors may not exchange notes takenduring discussions, however they may orallyexchange information. Supervisors notes areto be destroyed when the supervisor/employeerelationship ceases per M-00996.

149 A letter carrier has a right to havea steward present during discus-sions between the employee andthe supervisor regarding theemployee’s use of sick leave.False — C-03769 (National Arbitrator AaronH1T-1E-C 6521 07/06/83) and JCAM page 17-6

It is extremely important that the member-ship be aware that it is the request of theemployee that triggers Weingarten rights. The question that precedes the request for asteward though should be a question of thesupervisor as to whether or not this discussionmay lead to discipline. The answer of the su-pervisor will determine whether it is appropri-ate for the employee to request a steward. You should be reminded that some discussionsallegedly begin as simple discussions but soonturn into investigatory interviews so employ-ees should be made aware that if they believethe discussion is turning toward an investiga-tory interview, they should immediately re-quest the steward at that point.

150 Discussions which involvefact-finding, and which may leadto discipline, entitle the employeeto representation, if requested.True — M-01140 (Step 4 H1C-3W-C 2155008/24/83) and JCAM page 17-6

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Weingarten rights apply when managementis searching for facts and trying to determinethe employee’s guilt or decide whether or notto impose discipline.

151 Official discussions may be notat-ed in an employee’s OPF.False — M-01139 (Step 4 A8-E-0471 01/04/80),M-00548 (APWU Settlement Agreement N8C-1M-C 3719 05/12/81) and JCAM page 16-4 Supervisors may maintain private, personalnotes, but they are not to be placed in anyofficial file, nor are they to be exchanged be-tween supervisors.

152 Carriers may be ordered to crossall lawns and such an orderwould be considered proper.False — M-00275 (Step 4 N8-N-0007 01/15/80)and Article 41.3.N

Letter Carriers may cross lawns while mak-ing deliveries if customers do not object andthere are no particular hazards to the carrier.

153 A carriers’ child has asthma. Once a month they take the childto the doctor for treatment. Thisqualifies for protection under theFMLA.True — 29 CFR 825.113, NALC Guide to FMLApage 5Intermittent absences due to a family mem-ber’s chronic condition do meet the criteria.

154 Casual employees earn annualleave in the same manner asPTFs.False — ELM 511.132

155 Employees may have approvedannual leave requests rescindedby the Postal Service innon-emergency situations.False — M-00508 (Step 4 H1N-5D-C 1920206/15/84), Article 10.4.D and JCAM page 10-9

156 The Postal Service may requireemployees to report to work be-fore their scheduled jury duty.True — C-06821 (National Arbitrator Mitten-thal H1N-3U-C 35720 02/10/87) and ELM516.33

157 Maternity leave is considered“work” for the purpose of achiev-ing protective status pursuant tothe provisions of Article 6.A.3.False — M-00785 (Step 4 H4N-3S-C 3120405/22/87)

158 Both full-time and part-time em-ployees are eligible for paid mili-tary leave.True — ELM 517.41

Full-time employees are granted up to fifteendays per year and part-time employees aregranted one hour of military leave for eachtwenty-six hours in a pay status in the preced-ing fiscal year if the part-time employee wasin a pay status for a minimum of 1,040 hoursin the preceding fiscal year and the employee’spay for military leave does not exceed eightyhours.

159 No employee may take more thanfifteen days of military leave with-in a particular year.False — ELM 517.54, M-00174 (Letter 12/12/77)The ELM allows employees, if they have offi-cial orders for training or responsibilities be-yond the fifteen days, to take annual leave orLWOP at their discretion for the amount oftime necessary.

160 A non-scheduled day is counted indetermining whether or not anemployee has been sick in excessof three days per ELM 513.362.False — M-00489 (Step 4 NCS 5591 05/27/77)and JCAM page 10-12

Three days means three scheduled workdays.

161 If a part-time flexible calls in sickthey are guaranteed eight hoursof sick leave for that particularday.False — M-00665 (Step 4 NCS 5591 05/27/77)and JCAM page 10-11

A PTF is not guaranteed a set number ofhours sick leave any time requested butshould be paid the number of hours that theemployee was realistically scheduled to workor would reasonably have been expected towork on a given day up to 8 hours. Also, if aPTF has reached 40 hours prior to the sickday, the absence is treated as non- duty time.

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162 PTFs are credited at the begin-ning of the leave year for all an-nual leave to be earned that year.False — ELM 512.312

PTFs earn annual leave based on the numberof hours in pay status on an earn- as- you- gobasis.With less than three years of service, onehour for each twenty hours worked to a maxi-mum of four hours per pay period.With three to fifteen years of service, onehour for each thirteen hours worked to amaximum of six hours per pay period.With fifteen years or more of service, onehour for each ten hours worked to a maxi-mum of eight hours per pay period.

163 Annual or sick leave must beused in minimum units of onehour.False — Article 10.6, ELM 512.511 (annualleave) and ELM 513.412 (sick leave)Units are now charged in whole hours andfractions of an hour by hundreds. Onehundredth of an hour is minimum unit allow-able.

164 If you run out of sick leave, man-agement must approve a requestfor up to thirty days of advancesick leave if you are a regularfull- time employee.False — ELM 513.511 and JCAM page 10-12

Approval is at the discretion of the Postmas-ter. Normally it will be advanced if there isreason to believe employee will return towork and medical documentation accompa-nies the request.

165 LMU’s which mandate incidentalleave are in conflict with the Na-tional Agreement and are not en-forceable.False — C-05670 (National ArbitratorMittenthal H1C NA C 59 01/29/86), C-10901(Arbitrator Cushman S4N-3P- C28517 06/13/91)

166 Family Medical Leave may beused to look for day care for anew child under 1 year of age.False — 29 CFR 825.112 and NALC Guide toFMLA page 4

167 Under certain circumstances, anemployee caring for an ill niece ornephew qualifies for FMLA.True — 29 CFR 825.113.c, NALC Guide to FMLApage 5 and JCAM page 10-15

Acting in “loco parentis” qualifies for FMLAleave the same as a biological child. The em-ployee must act in place of a parent, with dayto day responsibilities to care for and finan-cially support a child.

168 Carriers can take FMLA leave forsubstance abuse treatment.True — 29 CFR 825.112.g, NALC Guide to FMLApage 17However, the care must be administered by alicensed health care provider.

169 In-laws qualify for FMLA whenthey are living with the carrier.False — 29 CFR 825.113.b and NALC Guide toFMLA page 5

170 Employees may be required toprovide additional medical proofof FMLA entitlements every 14days.False — 29 CFR 825.308, and NALC Guide toFMLA page 12Management may not ask for recertificationuntil expiration of original notice. Absent aminimum period, management may not askmore often than the thirty days.

171 Supervisors may call a carriersdoctor for additional informationabout a FMLA certificate.False — 29 CFR 825.307.a and NALC Guide toFMLA page 12

172 When a carrier and her husbandboth work for the Service andthere is a child born, both are eli-gible for 12 weeks off.True — NALC Guide FMLA page 19

The FMLA provides for only a combinedtwelve weeks of leave, Postal regulations aremuch broader.

173 Local policies concerning call-inprocedures for absences are forlocal management to determine.False — M-01059 (Step 4 H1N-3W-C-2127003/30/84)

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Local policies must comport with ELM513.332.

174 Only sons/daughters and spousequalify for the eighty hours of“sick leave for dependent care.”False — Sick Leave for Dependent Care MOU(12/21/01), JCAM page 10-20

Parents also qualify.

175 The delivery and transporting ofExpress Mail is exclusively lettercarrier work.False — M-00136 (Step 4 H1N-3T-C 3835005/31/85)

176 Management can assign duties toletter carriers outside the job de-scription found in the EL-311handbook.False — M-00035 (Step 4 NCW 1049803/28/78)

177 Any manual sortation or prepara-tion of mail for delivery on citydelivery routes which have divi-sions down to the specific ad-dresses on the route will be doneby letter carriers.True — M-00777 (Segmentation SettlementAgreement 3/9/87), JCAM page 41-35

While clerks may make sortations to directson a letter carrier’s route, clerks may notmake what is called a “tertiary” sortation.

178 Management may use a checklistof unsatisfactory casing proce-dures to determine the profi-ciency of a letter carrier.False — M-00038 (Step 4 H1N-5G-C 472409/10/82)

179 Letter carriers may use a stool atany time they desire to case mail.False — Article 41.3..A, M-00682 (Step 4 NCS5139 05/05/77) and M-00285 (Step 4 NCS 614603/20/73)The key element as to whether or not thestool can be used while casing mail and per-forming other office duties is whether or notthe use of the stool interferes with or affectsthe efficiency in standard job performance.

180 Letter carriers on walking routesmay not be required to finger flatmail between stops.False — M-00504 (Step 4 H1N-1E-C 2514705/21/84), M-41 321.5 and JCAM page 41-22

This should be read in conjunction with M-41Section 133.2. Carriers should not finger mailwhen driving, crossing streets, climbing stairs,or any other time it may cause a safety haz-ard.

181 It is not a requirement for a car-rier on a foot route to carry 4inches of flats on their arm whiledelivering mail.True — M-00039 (Step 4 H1N-5C-C-115506/11/82)

182 The Postal Service, within therights under Article 3, has a rightto issue letters of instruction andletters of information to employ-ees.False — M-00387 (Letter 11/17/82), M-00389(Step 4 H1N-4E-C 20307 12/0/83), M-00390(Step 4 H1N-3P-C 8036 02/02/83) and M-00768(Step 4 H4N-3Q-C 22215 03/19/87)

183 Management may not stop carri-ers from returning reworks to thethrowback case.True — M-01023 (Step 4 H1N-3W-C 633508/10/82)

184 A Steward is entitled to the samelatitude as his/ her supervisor,including raising voices or usingprofanity, in their official capac-ity.True — C-01191 (Regional Arbitrator Gold-stein CIN-4B-D 3937 07/06/82) and C-11177(Regional Arbitrator Levak W4C-5N-D 415201/05/86)This immunity to discipline is limited to situa-tions where the parties are one on one and inprivate.

185 Additions and Corrections, ifdesired, are done on a Steward'sown time.False — M-01145 (APWU Step 4 A8-S-030912/07/79)

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186 Supervisors may refuse to answerquestions during an investiga-tion.False — M-00988 (Step 4 H7N-3Q-C 3159905/20/91)

187 A Shop Steward who is process-ing and investigating a grievanceshall not be unreasonably deniedthe opportunity to interviewpostal inspectors.True — M-00225 (Letter 03/10/81)

188 Postal inspectors must allow apre-interrogation consultationbetween Steward and employee,if requested.True — M-01092 (USPS vs NLRB No. 91-1373)

189 The National Agreementmandates postal inspectors togive potential removal suspectstheir Miranda Rights.False — C-10510 (Regular Arbitrator ErbsC7N-4A-D24389 12/31/90)

190 The Union can insist on inter-viewing postal inspectors.True — C-10115 (Regular Arbitrator LevakW4N-5N-D 40950 10/28/87)

191 A Steward and Alternate Stewardmay both process a particulargrievance at their discretion.False — M-00503 (Step 4 H1N-1J-C 502605/24/84) Once the Alternate Steward has initiated agrievance they may continue it as determinedby the Union. Only one Steward will be giventime for processing the grievance.

192 An individual may choose whichSteward they want to processtheir grievances.False — M-00811 (Step 4 H4N-2M 35515/9/86)

193 A Union member in one post of-fice may be designated as the Un-ion’s representative to process agrievance at another post office.True — M-00233 (Pre-arb H8N-2B-C 120545/20/82) and JCAM page 17-2

Such employee must be certified in writing tothe employer at the Area level and anemployee so certified will not be on the em-ployer’s official time and will not be compen-sated by the Postal Service.

194 A former employee who is a certifiedas a Union Steward will be allowed toenter the postal facility to performthe functions of the Steward.True — M-00798 (Step 4 H4C-1M-C 29864/23/87)

195 A Steward may not be allowed toconduct an interview of a cus-tomer when the customer’s com-plaint affects the hours, wagesand working conditions of an em-ployee.False — M-00761 (Step 4 NC-W-9980-W1465-77N 7/3/78)

196 The Postal Service may, undercertain circumstances, require aSteward to conduct an interviewby telephone rather than having aface-to-face interview.True — M-00565 (Step 4 N8-S 0365 8/11/80)It is important to note though that travel, inand of itself, is not a sufficient basis to deny aface-to-face interview.

197 While serving as Steward or ChiefSteward, an employee may not beinvoluntarily transferred to an-other tour, station or Branch.True — JCAM page 17-3

This is so unless there is no job for which theemployee is qualified on such tour, station,branch or post office.

198 Management must allow ampletime for the local union to partici-pate in new employee orientationin conformance with Article 17,Section 6.True — M-00644 (Step 4 NCW 5872 5/20/77) (Note-M-00644 erroneously states Article 17Section 7 instead of Section 6) and JCAM page17-8

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199 If members of a local branchstrike or attempt an obviousslowdown, the Union officersmust inform the members theyare in violation of the Agreementand order them back to work.True — Article 18.2

200 A one-day count and inspectionmay not be used as the sole basisto establish a standard againstwhich the carrier’s performancemay be measured for disciplinarypurposes.True — M-00829 (Step 4 H1N-5B-C 291314/15/86) M-39, Section 141.2 allows for a one-daycount to determine office performance butthere is absolutely no contractual provisionfor a one- day count and inspection. Form3999s may be done throughout the year.

201 Management may not requirefoot carriers to carry parcelsweighing more than two pounds.False — C-03222 (National Arbitrator AaronH8N-4E-C 19254 3/11/82)Management may require foot carriers tocarry those parcels on an infrequent non-rou-tine basis unless there is an equally prompt,efficient and reliable way to effect that deliv-ery.

202 Letter carriers may not verify anentire mail count.False — M-00814 (Step 4 H4N-5T-C 423337/7/87), M-01216 (Pre-arb H7N-3Q-C38909/39493 4/11/95) and M-39 221.131

This also applies for one day counts.

203 Management must provide per-manent adjustments to routes toplace them in as nearly an eighthour basis as possible.True — M-00792 (Pre-arb H4N-4E-C 425212/11/87). M-39 242.122 and M-39 243.11.a

204 Management may use a one-day3999 to determine the actualstreet time of a route.False — M-00745 (Joint City Delivery Com-mittee Meeting 12/11/79), M-00829 (Step 4H1N-5B-C 29131 04/15/86) and M-39 242.321.a

The M-39 provides that the street time shallbe determined by the average street time forthe seven weeks random time card analysisand the week following the count and inspec-tion or the average street time used during theweek of count and inspection.

205 A Union Steward’s activities ifoccurring weekly or more often,may be appropriate for inclusionon line 21 of the 1838-C.True — M-00726 (Step 4 H8N-3P-C 3129410/14/81)

206 Management may set an appropri-ate pace at which a letter carriermust walk.False — M-00304 (Pre-arb H1N 1N-D 3178110/22/85), This provision indicates that there is no setpace at which a carrier must walk and nostreet standard for walking.

207 A special route inspection is con-ducted in accordance with theapplicable provisions of the M-39.True — M-00632 (Step 4 NCW 7959 10/19/78)and M-39 272

208 One-day counts per 141.2 of theM-39 can be utilized to substanti-ate discipline for lack of perfor-mance.False — M-00005 (Step 4 E3-MD-C 11311/17/77) and M-00829 (Step 4 H1N-5B-C 291314/15/86)

209 If management has a problemwith an employee’s office effi-ciency they should conduct a one-day count.True — M-00385 (Step 4 NCC 2322 9/14/76)

210 When management refuses toproperly conduct a special routeexam a monetary remedy shouldbe requested.True — C-05545 (Arbitrator Pribble C4N-4J-C6365 1/24/86) and C-06720 (Arbitrator Gross-man N4N-1E-C 22422 12/16/86)

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211 A letter carrier who is on an eighthour limitation cannot qualify fora special route inspection.False — M-00690 (Step 4 H1N-5G-C 1444311/3/83), M-39 271

This section provides that if a route showsover thirty minutes of overtime or auxiliaryassistance on each of three days or more ineach week during a six week period, the regu-lar carrier assigned to such route shall uponrequest receive a special mail count and in-spection to be completed within four weeks ofthe request.

212 Earlier start times during countweek are at the discretion ofmanagement.False — M-01088 (Step 4 NB-N-4625 8/19/75)

213 Management can perform one-day counts without using an1838C.False — M-01181 (Step 4 H0N-5T-C 13876/9/94)

214 Management must conduct car-rier requested special inspectionswithin 4 weeks, even duringJune, July, and August.True — C-11099 (National Arbitrator BritonH7N-NA-C 68 8/12/91) and JCAM page 41-27

If the employee qualifies and requests it, theinspection must be conducted.

215 Management may delay 271(g)requests if a unit review is sched-uled within 60 days.False — C-10635 (Arbitrator RoukisN7N-1R-C32345 2/20/91)

216 Management has no obligation tomaintain DPS quality after ob-taining the threshold percentage.False — M-01225 (Step 4 H90N-4H-C94050275 05/09/95)The DPS Implementation: A Training Guidefor Delivery Management in Part 4.6 containsspecific information concerning what to do ifquality deteriorates after attaining the qual-ity threshold.

217 In stations without 6 shelf cases,management will determine thedefinition of a letter.False — M-01112 (Memorandum 9/19/92)The definition remains the same.

218 Management may unilaterallycancel previously authorizedlunch locations.True — C-06096 (Regional Arbitrator PribbleC4N-4K-C 8595 3/14/86) and C-03902 (RegionalArbitrator Britton S1N-3D-C 1697 11/10/83)It’s true except where it can be shown that thecancellation was arbitrary in its reasoning.

219 Letter carriers may not pursueactivities other than eating lunchduring their authorized meal pe-riod.False — M-00622 (Step 4 H1N-5A-C 253848/23/85) and M-00545 (Step 4 H1N-5G-C 106636/25/85)The Step 4s indicate clearly that carriers arefree to pursue activities other than eatinglunch, as long as those activities are not inviolation of postal regulations.

220 A letter carrier may take his lunchat the end of his eight hour shift.True — M-00093 (Pre-arb H1N-5K-C 204464/4/85)No employee may be required to work morethan six consecutive hours without a meal or arest period of at least one-half hour.

221 The workload assessment process,in certain examples, may be usedto replace the route inspectionprocess.False — M-01233 (Step 4 H90N-4H-C 9507686612/13/95)

222 Daily volume estimations re-corded for individual routes willnot constitute the basis for disci-plinary action.True — M-00813 (Step 4 H4N-5D-C 168229/17/87) The National criteria for development of officetime is explained in the M-39 Handbook andmethods for recording volumes are containedin Management Instructions.

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223 Management must explain to aninjured employee that s/he isguaranteed a choice of treatingphysician.True — M-01117 (MI EL 504-91-1 1/25/91)

224 Supervisors are allowed to ac-company an employee to non-emergency work related doctorvisits.False — M-01102 (Step 4 H7N-1N-C 284179/22/92)

225 Supervisors are allowed to ac-company an injured employee inemergency treatment cases.True — M-01102 (Step 4 H7N-1N-C 284179/22/92) However, the supervisors only role is to in-sure the employee receives prompt attention.The supervisor may not witness or partici-pate in treatment.

226 Letter carriers may be requiredto sign local forms as a conditionof employment.False — M-00544 (Step 4 H1N-1J-C 408757/5/85), M-00015 (Step 4 NC-S-8696 11/17/77)and M-00328 (Step 4 N-W-315 5/26/72)Management may document the specific pro-visions of handbooks and manuals reviewedby carriers and the information given tothem, but there is no national requirementfor carriers to acknowledge that the subjectinformation was received.

227 Remedies for supervisors intim-idating employees or violatingthe Violence and Behavior in theWorkplace Memorandum can callfor that supervisor to be barredfrom supervising letter carriers.True — C-15697 (National Arbitrator SnowB90N-4B-C 94027390 8/20/96)

228 Written apologies are inappro-priate as remedies for manage-ment’s misconduct toward em-ployees.False — C-15316 (Regional Arbitrator McCaf-free E90N-4E-C 94054971 04/16/96)The Postmaster was ordered to post a writtenapology and reimburse sick leave.

229 There is a limit as to how manybundles that may be required on amounted or curbline route.False — M-00750 (Pre-arb H1N-5H-C 274004/28/87)

230 In offices where there is a CFS orPARS function, letter carriers arenot required to forward or returnany class of mail, including over-sized parcels.True — M-00477 (Step 4 H1N-3W-C 327595/2/85)

231 The Postal Service may not re-quire letter carriers to delivermail without a specific addressaffixed as a third bundle.False — M-00159 (Settlement Agreement4/17/80)This particular settlement agreement providesthat in all instances carriers may be requiredto deliver the above type of mailing as a thirdbundle. This same settlement goes on to saythat in no case may the Postal Service requirea fourth bundle on a park and loop route.

232 If the Postal Service requires thattwo simplified address mailingsare to be delivered on the sameday, the correct procedure is tocollate the two bundles so thatthey may be handled as a thirdbundle.True — M-00159 (Settlement Agreement4/17/80)

233 Pre-sequenced mail (letter or flatsize mail with the specific addressaffixed that arrives pre-sequencedin the order of delivery) is alwaysto be collated in the appropriatesize of mail.False — M-39 121.33 and C-03003 (NationalArbitrator Garrett NBN-3908 09/29/78)Carriers on curbline routes handle such mailas a third bundle park and loop routes shouldnot deliver such pre-sequenced mail as a thirdbundle except on dismount deliveries.

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234 Samples too large for delivery toa customer’s mailbox should beleft outside of the box if adequateprotection is provided.True — M-00779 (USPS Letter 2/6/87)

235 A letter carrier should neverleave a form 3849-A, Delivery No-tice or Receipt, for a sample.False — M-00779 (Step 4 2/6/87)If the delivery cannot be accomplished in asafe manner, the Form 3849-A should be uti-lized and the sample and the card should bereturned to the delivery unit.

236 Carriers are not required to signfor stamps by mail.False — M-01012 (Step 4 H7N-3C-C 3486210/1/91)

237 The Postal Service may bar therelease of medical records underthe Privacy Act.False — C-06652 (Regional Arbitrator Roten-berg C4N-4B-C 15886 11/16/86)and MI EL860-98-2 page 6The Union is entitled to medical records ifthey are necessary to investigate or process agrievance even in cases where the employeeinvolved does not authorize the release of theinformation. The Privacy Act does not bar therelease of such information when it is neces-sary for collective bargaining purposes.

238 Local management can allowschedule changes for employees’personal convenience without theconcurrence of the local union.False — ELM 434.622.i, F-21 232.23, and JCAMpage 8-7

239 Management’s rights are absoluteand they can choose to disregardother contractual provisions orhandbook cites in the exercise ofthose rights.False — JCAM page 3-1

While Postal management has the basicpower to “manage” the United States PostalService, it must act in accordance with appli-cable laws, regulations, contract provisions,arbitration awards, letters of agreement, andmemoranda. Consequently, many of the man-agement rights enumerated in Article 3 arelimited by negotiated contract provisions.

240 Part-time flexible letter carriersmay be assigned to perform cleri-cal duties and required to passexaminations on schemes if theirassignment anticipates use ofscheme knowledge as provided bypart 124 of the M-41 Handbook.True — M-00518 (Step 4 H8N-5K-C 1356907/6/84)

241 An unassigned regular’s scheduleis set based upon the work hoursand days off of the first week ofwork within that category andrelevant local memoranda.True — EL-401 III.D.5

242 Management must provide re-stricted limited duty job descrip-tions in writing.True — M-01119 (USPS letter 1/13/93), M-01116(Step 4 H7N-1Q-C 30532 5/18/92) and 20 CFR10.505

243 By accepting a limited dutyassignment, the employee waivesthe opportunity to contest thepropriety of the assignment.False — M-01120 (Memo of Understanding11/29/93) and JCAM page 13-11

244 A Union official is not required togive notification to managementprior to visiting a postal installa-tion.False — JCAM page 23-1 Notification should be given by a Union officialprior to their visit at the appropriate level. Forexample, a local Union official should give no-tice to the Postmaster, etc.

245 On-the-job instructors for newemployees are compensated athigher level for the time actuallyspent on the job.True — M-00309 (Step 4 H4C-1E-C 634812/17/85)

246 Management can administrativelydecide whether or not T-6 posi-tions should be filled per Article25.False — M-00431 (Pre-arb H8N-3P-C 327051/27/82) and JCAM page 25-2

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The language of this settlement indicatesthat those positions shall be filled per Article25.

247 VOMA positions are filled inaccordance with Article 25, Sec-tion 4 of the National Agreement.True — M-00433 (Step 4 H1N-4B-C 57027/8/82) and JCAM page 25-1

248 An installation head may deter-mine the times when the seasonalchanges of uniforms will takeplace.True — M-00519 (Step 4 H1N-3A-C 3074208/01/84) and ELM 931.25

249 A carrier is not required to weara tie until they leave for thestreet.True — M-00862 (Step 4 H1N-5L-C 117008/1/84)They’re not required to do so unless they’re inview of the public.

250 Employees who are authorized towear the neck/chest protectors aspart of the authorized coldweather uniform will not be re-quired to wear a necktie.True — M-00430 (USPS Letter 2/18/82) andELM 934.22

251 A pregnant letter carrier may beallowed by the installation headto be flexible in the wearing of auniform in the advance stages ofpregnancy.True — M-00846 (USPS Letter 3/16/83)

252 An employee claim should befiled at Informal Step A of thegrievance procedure.False — Article 27

Form 2146 should be filled out and submittedto the employer with a Steward’s recommen-dation at the local level. The Employer mustsubmit the claim form, which must includethe supervisors and stewards’ recommenda-tion, together with all documentation submit-ted in connection with the claim to the Step BTeam within fifteen days for determination.

The Step B Team will review the claim andissue a decision within fourteen days of thereceipt of the claim at Step B. The Step BTeam may 1) resolve the claim 2) declare animpasse or 3) remand the case for specific in-formation needed for a decision at Step B.

253 The report of the Safe DriverAward Committee is the determin-ing factor as a basis for revokingor suspending an employee’s driv-ing privileges.False — Article 29

Article 29 prohibits management from usingthe Safe Driver Award Committee report as abasis for revoking or suspending driving privi-leges.

254 An employee’s driving privilege isautomatically revoked or sus-pended with a revocation or sus-pension of his state driver’s li-cense.True — JCAM page 29-2

Under the provisions of Article 29, manage-ment may not impose a lesser penalty.

255 If any employee’s state driver’slicense is revoked or suspended,he/ she must inform his/her super-visor immediately and could facediscipline if he/ she does not.True — JCAM page 29-1

Article 29 explicitly requires the employee toreport a revocation or suspension of his/herstate driver’s license. Failure to do so couldresult in discipline.

256 An employee may not temporarilywork in another craft when theirdriving privileges have been sus-pended or revoked.False — C-18159 (National Arbitrator SnowI94N-4I-D 960276608 4/9/98) and JCAM page29-4 Arbitrator Carlton Snow ruled that manage-ment has an affirmative obligation to look forsuch work and if they are unable to do so theemployee should continue in a pay status.

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257 A Local Memorandum of under-standing may only include the 22items found in Article 30 and maynot address issues outside ofthem.False — JCAM page 30-2

The local parties are free to discuss othersubject areas as well, but neither party is re-quired to discuss subjects other than the 22items listed in Article 30, Section B.

258 Management may impasse LMUprovisions outside the 22 itemsfound in Article 30. False — C-13080 (National Arbitrator Mitten-thal H0C-NA-C 3 7/12/93) and JCAM page 30-5

However, management may impasse on anyof the 22 items. They must show that contin-uing the provision is an unreasonable burden.

259 Local parties may renegotiatewholesale changes to a LMU out-side the 30 day period if its donebilaterally.False — C-14489 (National Arbitrator Mitten-thal H7N-1F-C 39072 6/2/95) and JCAM page30-2Mittenthal says that they can’t do a majoroverhaul, but left room for fine tuningLMOUs.

260 The Union may not claim items inthe LMU are in conflict or incon-sistent with the National Agree-ment since the local negotiated it.False — Article 30.C

The parties may challenge a provision(s) ofan LMOU as inconsistent or in conflict withthe National Agreement only under the fol-lowing circumstances:1. Any LMOU provision(s) added or modi-

fied during one local implementation pe-riod may be challenged as inconsistent orin conflict with the National Agreementonly during the local implementation pe-riod of the successor National Agreement.

2. At any time a provision(s) of an LMOUbecomes inconsistent or in conflict as theresult of a new or modified provision(s) ofthe National Agreement.

3. At any time a provision(s) of an LMOUbecomes inconsistent or in conflict as theresult of the amendment or modification ofthe National Agreement subsequent to thelocal implementation period.

The new Article 30 Memorandum establishesan even stronger special rule for 2002 localnegotiations and for the rest of the term of the2001 National Agreement. It provides that“LMOU items existing prior to the 2001 localimplementation period may not be challengedas inconsistent or in conflict, unless alreadysubject to a pending arbitration appeal.” So -management can no longer use the argumentthat an LMOU provision inconsistent or inconflict with the National Agreement to im-passe or cease compliance with an LMOU pro-vision. If management wishes to impasse oneof the 22 Items during 2002 local negotiations,it can only be on the grounds that the provi-sion is an “unreasonable burden.”

261 An individual who is a VOMA, iscarried on the seniority list of thecraft from which they came.True — M-00057 (Step 4 H1N-5B-C 112247/6/83) and JCAM page 41-7

262 The VOMA can choose which se-niority list to sign for vacationleave due to the fact that theVOMA is a multi- craft position.False — M-00746 (Step 4 H4N-EU-C-196074/23/87) and JCAM page 41-7

The VOMA signs for vacation leave within thecraft from which they came.

263 A VOMA employee is selected onthe basis of senior qualified, re-gardless of the craft from whichthey come.True — JCAM page 41-7

This is a multi- craft position and is not lim-ited to an individual craft.

264 Once selected, the VOMA em-ployee loses his Union representa-tion.False — JCAM page 41-7, M-00051 (Step 4,H1N-4B-C 11747 4/5/83)Letter carriers in these positions continue inthe carrier craft bargaining unit with senior-ity, bidding and representation rights.

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However, a VOMA carrier is not eligible toplace his or her name on an Overtime De-sired List.

265 By virtue of being a letter carrier,an individual is qualified to per-form the duties on a city deliveryroute.True — M-00151 (Step 4 H8N-5D-C 129361/13/81), M-00214 (Step 4 NBN 1572 6/28/74)and M-00196 (Step 4 NBN 1325 05/24/74)

266 Full-time reserve carriers andpart- time flexible carriers arerestricted to exercising their opt-ing rights to the delivery unitwhere they are assigned.True — M-00066 (Step 4 H4N-4B-C 332210/31/85) and JCAM page 41-9

267 If a part-time flexible letter car-rier is loaned to another office,they opt for hold-down assign-ments in the installation wherethey are working.False — M-00828 (Step 4 H4N-5R-C 466485/24/88)If a PTF is on loan to another office theymust be allowed to opt in the installationfrom which they were loaned.

268 Auxiliary routes may be optedper Article 41, Section 2.B.3, 4 &5.False — M-00625 (Step 4 H8N-5B-C 145535/7/81)

269 A reserve letter carrier assign-ment may not be opted per Arti-cle 41.False — M-00749 (Step 4 H4N-3U-C 2587011/22/82), M-00037 (Step 4 H1N-3W-C 804112/15/82) and JCAM page 41-10

An individual may opt for a reserve lettercarrier schedule and days off.

270 A temporary vacancy of five daysor more that includes a holidaymay be opted for.True — M-00237 (Pre-arb H8N-4E-D 140907/1/82)

271 Management may not assign a re-serve full-time letter carrier to atemporary assignment of five daysor more if a part-time flexible hasopted for that assignment.False — M-00097 (Pre-arb (H1N-5D-C 66019/6/85) and JCAM page 41-13 The Postal Service may only assign that full-time reserve letter carrier to that temporaryassignment ahead of the opt of the part-timeflexible if it can be shown that if they honorthe opt it would result in less than 40 hourswork for the full- time regular. A PTF, temporarily assigned to a route underArticle 41, Section 2.B, shall work the dutyassignment, unless there is no other eight-hour assignment available to which a full-time carrier could be assigned. A regular car-rier may be required to work parts or “relays”of routes to make up a full-time assignment.Additionally, the route of the “hold- down” towhich the PTF opted may be pivoted if there isinsufficient work available to provide a full-time carrier with eight hours of work.

272 Management may refuse to allowopting in order to reserve the as-signment for training or evalua-tion of probationary employees.False — M-00595 (Step 4 N8-W-0278 4/10/80)

273 Probationary employees may notopt per Article 41, Section 2.True — M-00594 (H8N-2W-C 7259 11/25/80)and JCAM page 41-10

274 Management may not utilize apart-time flexible letter carrier onfull-time craft duty assignments ofanticipated duration of five daysor more for training purposesrather than allow individuals toopt.True — M-00510 (Step 4 H1N-3P-C 302066/8/84)

275 A part-time flexible employee whohas successfully opted for anassignment can be bumped offthat assignment.True — M-00293 (Step 4 H1N-5D-C 744110/25/83) and JCAM page 41-13

26

If the PTF has successfully opted, they wouldnormally work that duty assignment asposted, unless it can be shown that there isno eight hour assignment available to whicha full-time employee could be assigned. Ab-sent those provisions, the PTF should work atthe duty assignment for the duration.

276 When an employee on a hold-down assignment (opt) is detailedto temporary supervisor position(204-B), the opt is vacated andmust be reposted if the remain-der of the original vacancy is fivedays or more.True — JCAM page 41-12

277 The duration for remaining on anopt will be as long as the positionremains unfilled unless the optitself places a definite time limit.True — C-07001 (Regular Arbitrator SearceS4N-3W-C 13100 04/08/87) and C-09539 (Arbi-trator Williams S7N-3V-C 2038611/10/89)

278 When an employee has opted forand received a vacancy of fivedays or more and then goes onvacation they lose the right tocontinue their opt upon their re-turn.False — M-00748 (Step 4 H4N-3U-C 262974/23/87)In the above situation, the original optingemployee would go on vacation for five daysor more and the assignment will be opted forsolely for that amount of time that the origi-nal opter is on vacation. Upon return of the individual from annualleave, they will be returned to the hold-downfor completion of the original vacancy.

279 Routes under consideration forreversion are not optable.False — M-01128 (Step 4 H0N-5R-C 63801/21/93) and JCAM page 41-10

280 If a Local Memorandum containsArticle 41, Section 3(0) language,a Carrier Technicians string maybe deemed abolished if it issubstantially changed.True — M-00694 (Step 4 H1N-3A-C 301762/6/87) and JCAM page 41-25

It should be noted that changing one route ona T-6 string is not a cause for reposting andthis whole provision would be inapplicable ifthe Local Memorandum did not contain Article41, Section 3(0).

281 Management is under obligationto post routes installation widewhen bidding takes place underArticle 41.3.0 if the local has in-stallation wide bidding.True — C-15248 (National Arbitrator SnowB90N-4B-C 92021294 3/22/96) and JCAM page41-24

282 A “section” is defined as all theroutes housed in one building.False — M-01185 (Step 4 H0N-3N-C 124193/10/94), and JCAM page 30-3

The LMOU defines “section” per Article 30. A“section” defined in a Local Memorandum ofUnderstanding for the purposes of Article 30,Section B Item 18 is not necessarily a “deliveryunit” for purposes of Article 41.3.0.

283 Employees from another craftexcessed into the letter carriercraft begin a new period of senior-ity.True — C-11528 (National Arbitrator SnowH1N-5H-C 2754 12/19/91) and M-01082 (APWUMemorandum 4/16/96)

284 Any full-time letter carrier maybid for a Carrier Technician as-signment.False — M-00425 (Step 4 NC-W-5281 11/30/77)and M-00280 (Step 4 H1N-5H-C 2754 9/21/82)A letter carrier must have either two years ofpostal experience of which at least one yearmust have been as a city carrier or a highschool diploma with one year experience as acity carrier.

285 The criteria as to whether or notan individual is paid T-6 pay forfilling the assignment is whetheror not the individual carries allfive of the T-6's routes within thevacancy.True — M-00452 (Memorandum 11/5/73),M-00614 (Step 4 NBE-791 7/18/74), M-00902(Step 4 H4N-5R-C 44093 2/10/89) and JCAMpage 25-2

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286 Carrier Technician positions arenot included in postings underArticle 41.3.O.False — M-00986 (Step 4 H4N-3A-C 624827/26/90) and JCAM page 41-24

287 A T-6's start time may differ fromthose of the regulars.False — M-01020 (Step 4 H7N-5R-C 676411/14/91)

288 Employees may finger mail whiledriving or hold mail in theirhands while the vehicle is in mo-tion.False — M-00341 (Pre-arb N-W-3928 3/22/74)Employees shall not finger mail while driv-ing, or hold mail in their hands while the ve-hicle is in motion.

289 Letter carriers may be requiredto check the oil level of theirpostal vehicles.False — M-00143 (Step 4 NC-E-4978 2/3/77)Letter carriers may be required to gas uptheir vehicles. However, letter carriers willnot be required to check the oil or otherwiseservice their vehicles.

290 The 60-day review period for DPSadjustments is only a target dateand does not require the PostalService to act.False — M-01268 (Pre-arb (Q94N-4Q-C9609169 12/03/97) and JCAM page 41-29

The parties agree that the 60-day review pe-riod is a limitation except in those occur-rences where there are valid operationalcircumstances which warrant exception. These routes would be adjusted pursuant tothe minor adjustment provisions of the M-39.

291 Management must equalize part-time flexible hours.False — M-00121 (Step 4 NCS 12506 11/22/78)There is no contractual obligation to equalizePTF hours. However, the same Step 4 ascited above states that every effort should bemade to equalize the hours consistent withservice needs and skills required. In plain terms, this means that they don’thave to and can use just about any reason tosubstantiate that position.

292 PTFs must remain by their phoneand available to receive a callfrom the Post Office on a dailybasis to see whether their servicesare needed.False — M-00013 (Step 4 NCW 9013 11/8/77)There is no contractual provision to requirePTFs to remain at home to receive a phonecall on a daily basis.

293 A regular carrier who is called inon his day off always has a rightto work their own assignment.False — M-00154 (Step 4 N8N-0176 12/14/79)and JCAM page 41-13

Only if the LMU provides for such. If a regularroute carrier is called in on their day off towork their own route, they bump the utilitycarrier to one of the other four routes in thestring of routes, if the LMU provides for this.To enable the utility carrier to achieve theirbid assignment they will be allowed to displacean employee who has opted to cover an assign-ment under the provisions of Article 41, Sec-tion 2, as long as such route is one of the util-ity carrier’s string of routes and if none of theother routes in their string are available.

294 The District FMLA Office has thefinal word as to whether of not arequest for certification providesenough information.False — M-01158 (Step 4 D98N-4D-C0200416301/11/06) The Step B team is the final determinantwhen the issue is processed through thegrievance procedure.

295 PTFs may be loaned from one postoffice to another to avoidovertime.False — M-01470 (Step 4 C94N-4C-C99224809 9/26/02Whether the “sole reason” for the details orloans at issue in this case was to avoidovertime is a “fact issue.”

296 Management may “inspect” aroute all six days of the count if itchooses.False — M-01543 (MOU 6/30/05)Management may inspect on no more thanthree days of the six.