posted 10/11/03

 The following questions and answers represent the mutual understanding and agreement of the APWU/USPS concerning part-time flexible clerk craft employees who are required to work outside their home office.  This agreement covers, but is not limited to, part-time flexible clerk craft employees who are required, as a condition of employment, to work in installations other than their home office (national case Q90C-4Q-C 93034651).  This agreement is not applicable and is without prejudice to the position of either party regarding the assignment of other crafts and/or categories of employee outside their home office.

 1.       Does requiring a part-time flexible clerk to work in more than one installation violate the National Agreement?

 Response: No, part-time flexible clerks may be assigned to work in offices outside their home office (the “Employ Office” identified on PS Form 50) provided such assignment is otherwise consistent with the National Agreement.

 2.       How are part-time flexible clerks scheduled when they are required to work outside their home office?

 Response: The home office postmaster or designee is responsible for scheduling the work location and starting time.  The postmaster or designee in the actual work location is responsible for determining the number of hours worked.

 3.       How are part-time flexible clerks selected to work in other installations?

 Response: Several factors are considered such as the required skills, availability of the part-time flexible clerks, other scheduling and leave commitments, when the request was made, etc.  Such scheduling may not be made in an arbitrary manner.

 4.       Is management required to post an advance schedule for part-time flexible clerks assigned to work outside their home office?

 Response:  No. The posting of an advance schedule for part-time flexible clerk craft employees is not required, unless by mutual agreement at the local level.  Conversely, there is no contractual requirement or intention that obligates part-time flexible employees to remain at home or to call the post office to determine whether their services are needed. Accordingly, posting an advance schedule for part-time flexible clerks may be mutually beneficial.  It is noted that posting an advance schedule for part-time flexible clerks does not create a contractual work hour guarantee, as all part-time flexible employees are assigned to a flexible schedule which is subject to change according to business needs.

 5.       May part-time flexible clerks working in more than one installation be required to work more than twelve hours in a service day?

 Response:  Such scheduling must be consistent with Section 432.32 of the Employee and Labor Relations Manual which states in relevant part:

 Except as designated in labor agreements for bargaining unit employees or in emergency situations as determined by the postmaster general (or designee), employees may not be required to work more than 12 hours in 1 service day. In addition, the total hours of daily service, including scheduled workhours, overtime, and mealtime, may not be extended over a period longer than 12 consecutive hours.

6.       Which office should an employee contact when reporting an unscheduled absence?

 Response:  Employees must contact the office where they are scheduled to work on the day of the absence.  The postmaster or designee of that office is responsible for completing PS Form 3971, notifying the employee’s home office of the absence, and forwarding the PS Form 3971 to the home office.

7.       Who is authorized to act on a request for incidental leave which is submitted on a day the employee is working outside his/her home office?

 Response:  The postmaster or designee in the office where the employee is working is responsible for acting on incidental leave requests; however, such leave should be coordinated with the home office postmaster or designee.

 8.       What is the minimum number of hours in a service day that part-time flexible clerks can be scheduled or requested to work?

 Response:  When working in installations with more than 200 man years of employment, the Article 8.8.C guarantee is four hours. When working in installations with 200 or less man years of employment, the Article 8.8.C guarantee is two hours.

 9.       How is the work hour guarantee determined when a part-time flexible clerk is assigned to work in a different office?

 Response:  The Article 8.8.C guarantee is determined by the size of the office where the work is performed, not by the employee’s home office.

 10.   When does the guarantee take effect?

 Response:  When the employee reports to work as scheduled.  No guarantee applies when the employee is notified prior to reporting to work that the previously scheduled workday is canceled.

 11.   Does a part-time flexible clerk who returns to work on the same day receive another guarantee period?

 Response:  It depends on the circumstances.  The following guarantees apply regardless of whether an employee works in more than one installation during the guarantee period:

 When an employee completes a scheduled tour and clocks out, then is notified to clock in and resume working, that is considered a callback. All career bargaining unit employees are guaranteed 4 hours work, or pay, if called back to work on a day when they have completed their assignments and clocked out. This guarantee is applicable to any size office. (See ELM Exhibit 432.62).

 When a part-time flexible employee is notified prior to clocking out that he or she should return within 2 hours, it is considered a split shift and no new guarantee applies. However, if prior to clocking out, the part-time flexible employee is told to return after 2 hours, that employee (in any size office) must be given a minimum of 2 hours work.

 When an employee works in two installations with different work hour guarantees during a single guarantee period, the employee receives the higher guarantee (four hours rather than two hours).

 Response:  Yes, however, overtime work in a specific work location must first be assigned to qualified and available clerk craft employees on the overtime desired list in that work location, as defined under Article 8, Section 5 of the National Agreement and, when applicable, the Local Memorandum of Understanding.

 13.   Does a home office part-time flexible clerk receive a preference for work hours over a part-time flexible clerk from another installation?

Response:  Yes, during the course of a service week management is required to make efforts to assign qualified and available home office part-time flexible clerks to straight time hours before assigning such work to employees from other installations.

 14.   Does scheduling a part-time flexible clerk to another office impact leave percentages contained in the Local Memorandum of Understanding (LMOU) in the scheduled employee’s home office?

Landmark Agreement Settles Disputes on 'Loaner Clerks'

The LOSS of MAIL VOLUME, THE EFFECTS OFF AUTOMATION AND  EXCESSING have been serious threats to work hours for part-time flexible clerks across the entire country. The loss of work hours for our members has been worse in some areas than in others.

We have been diligently seeking a away to provide additional work opportunities for part-time flexible clerks. We are also looking at innovative ways to create full-time duty assignments.

In an effort to create more work opportunities for our PTF members, the Clerk Division recently settled an important case (Q90C-4Q-C 93034651) regarding the utilization of PTF clerks in  installation other than their employing office.

The case arose in Albany, NY, where the Albany District has a practice of hiring PTF clerks and requiring as a condition of employment, that they work installations other than their employing office. This created havoc inasmuch as these "hub clerks" as they were called, had multiple offices designated as their "Employ Office" and the USPS took the position they did not have to pay them travel expenses since there were hired with that understanding.

This landmark agreement puts the issue to rest once and for all. The decision states that PTF clerks may have only one "employ office" and that it must be shown on their PS Form 50.

The agreement goes on to state that when PTF clerks are assigned work in offices outside their "employ office' it must be done consistent wit the applicable provisions of the National Agreement.

This means they are entitled to mileage and/or travel time as each particular circumstance warrants. We are currently nearing completion on a set of questions and answers to address all the related issues that arise from the use of "hub clerk" or "loaner clerks" as they are sometimes called.

We believe that anytime you can create more work opportunities for the membership it is the right thing to do.

source: The American Postal Worker July/August 2003 pgs. 14-15

Please sign and return the enclosed copy of this decision as acknowledgment of your agreement to supersede and replace our November 18, 2002 prearbitration agreement with this decision.