Why We Have a Contract

By Larry Nienow, APWU Maintenance Craft Steward, National Arbitration Advocate

A question arose recently from a Union member asking, "Why do we have a contract if we can't stop management from doing what they want?"  While the Union can't stop management from issuing discipline or stop the Postal Service from making bad decisions, we do have recourse through the National Agreement.  I'd like to bring up a few reasons, "why we have a contract."

 1.    Article 1 provides in part for the prohibition of supervisors performing bargaining unit work, with a few exceptions.  Without the article, supervisors could perform the work of craft employees and there would be no need for the craft positions.

2.  Article 2 prohibits the Postal Service from discriminating against employees because of race, color, creed, religion, national origin, sex, age, or marital status.  Without these protections management could do as they please.

3.  Article 3 describes management’s rights but also limits their rights, subject to the provisions of the Agreement and consistent with applicable laws and regulations.

4.  Article 4 provides, in part, for advance notification to the Union for changes in jobs due to technological and mechanization charges along with providing for saved grade for employees whose jobs are eliminated from these changes.

5.   Article 5 prohibits the Postal Service from arbitrarily rescinding an established past practice such as rest breaks, washup times, parking, etc.

6.   Article 6 provides for no layoffs or reduction in force for employees who have reached a protected status.  You can bet that the hundreds of thousands of employees who have been laid off since 9-11-01 did not have this protection.

7.  Article 7 in part provides for a mostly full time regular workforce with smaller percentages of part time and supplemental workforce employees.  With mail volume declining, the Postal Service would love to have all workers as part time instead of mostly regulars.

8.  Article 8 provides for work hour guarantees along with night shift differential, Sunday premium and work schedules, along with overtime and overtime assignments.

9.   Article 9 provides for salaries and wages along with guaranteed raises based on length of service.  Very rarely would you find guaranteed raises like this in the private sector.

10.  Article 10 guarantees the amount of leave that we have available to us.  How many people outside of the Postal Service do you know that get more leave than you do?

11.   Article 11 deals with holidays that have been negotiated into the contract.  As postal workers, we have ten holidays per year.  I don’t know of any private sector corporation that gives this to their employees.

12.   Article 12 deals with seniority and excessing, a very hot topic these days.  The private sector employees recently laid off because of the economy would have loved to have this protection instead of getting a “pink slip.”

13.  Article 13 provides for light and limited duty for postal workers something most employees outside of the Postal Service don’t have.

14.   Article 14 states that it is management’s responsibility to provide safe working conditions for its employees and outlines provisions for employees and the Union to take if an unsafe condition exists.

15.  Article 15 provides for grievances to be processed through the grievance arbitration procedure for disputes, differences, disagreements or complaints between the parties related to wages, hours and conditions of employment.

 16.  Article 16 outlines the discipline procedure that the Postal Service must follow when disciplining employees.  Many disciplines have been overturned due to management’s failure to follow these procedures.

17.  Article 17 provides in part for representation of employees by stewards and for the steward’s rights to investigate and process grievances for employees.

18.  Article 18 prohibits postal workers from striking.  While this prohibition may be a double-edged sword, the Postal Service would love to have us go out on strike and replace the entire workforce with casual employees.

19.  Article 19 deals with all of the handbooks and manuals that the Postal Service puts out and incorporates them into the National Agreement.

20.  Article 20 provides for parking and the need for adequate security for employees in parking areas.

21.  Article 21 deals with the health plans, life insurance plans, retirement, and injury compensation plans for postal workers.

22.  Article 22 provides for the Postal Service to furnish separate bulletin boards for the exclusive use of the Union.

23.  Article 23 provides for the rights of Union officials to enter postal installations for the purpose of performing and engaging in official Union duties and business related to the Collective Bargaining Agreement.

24.  Article 24 deals with provisions for employees on leave with regard to Union business and continuation of benefits.

25.  Article 25 provides for employees to be paid at a higher level when performing higher-level duties and the establishment of higher-level details.

26.  Article 26 provides for uniforms and work clothes for employees eligible under this program.

 27.  Article 27 provides an avenue for employees to file a claim for loss or damage to personal property suffered in connection with or incident to the employee’s employment while on duty or while on postal premises.

28.  Article 28 deals with employer claims and outlines what the Postal Service must do to provide adequate security for all employees responsible for Postal funds and also outlines the procedures the Postal Service must follow to collect on financial shortages experienced by Postal employees responsible for funds.

29.  Article 29 deals with driving privileges and the limitations put on the Postal service on attempting to revoke employee’s driving privileges.

30.  Article 30 provides for twenty-two specific items that may be negotiated in the Local Memorandum of Understanding dealing with issues that pertain to that local union.

 31.  Article 31 involves union-management cooperation and states that the employer will make available for inspection by the Union all relevant information necessary for processing grievances.

32.  Article 32 deals with subcontracting and outlines the procedures that management must follow before subcontracting out bargaining unit work.

 33.  Article 33 outlines the general principles regarding promotions for bargaining unit employees.

34.  Article 34 discusses work and/or time standards for postal workers and puts limitations on the Postal Service if it attempts to change current work measurement systems or work or time standards.

35.  Article 35 is entitled: “The Employee Assistance Program” and provides for programs to assist employees with personal and/or medical problems.

36.  Article 36 allows for credit unions on postal premises and gives employees compensation for travel for postal business.

37.  Article 37 lists ten different sections that explain the provisions for clerk craft employees for seniority, bidding, bid reversions, best qualified positions, etc.

38.  Article 38 has seven different sections that pertain to maintenance craft bidding procedures, seniority, training, etc.

39.  Article 39 has three sections that pertain to the motor vehicle craft employees who are in the motor vehicle services division and the vehicle maintenance department in regards to seniority, bidding, and other provisions pertinent to that craft.

40.  Article 40 was the article dealing with the letter carrier craft before they decided to negotiate a contract with the Postal Service by themselves.

41.  Article 41 pertains to the material support craft and has four sections that apply to employees employed in mail equipment shops and material distribution centers.

42.  Article 42 talks about the employer making every reasonable attempt to obtain fuel necessary for the satisfactory maintenance of postal operations, in the event of an energy crisis.  This is an attempt to keep the Postal Service and its employees working if an energy crisis existed in this country.

43.  Article 43 states that if one part of this agreement is declared invalid, that would not affect the other parts of the contract.  This article also sets out the duration of the current contract.

This is only a partial listing of the reasons “why we have a contract.”  There are numerous memorandums of understanding and joint manuals agreed to by the USPS and the APWU that also deal with working conditions.

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Last modified: July 13, 2007