This memorandum represents the parties' agreement with regard to clerk craft employees
who are being involuntarily reassigned into clerk craft vacancies in other installations, after
being excessed from their present installation.
1. Impacted full time regular clerks will be placed into clerk withheld residual vacancies
at the gaining installation at the same, higher, or lower pay level for which they are
qualified.
2. Clerks will be excessed from the losing installation by inverse seniority in their craft
and status, full time regular or part time flexible, without regard to pay level.
3. If a veteran preference eligible clerk is reached when assigning impacted or
unassigned employees to lower pay level duty assignment the following will apply:
A. The most junior non-preference eligible same pay level clerk in the
gaining installation shall be reassigned to the lower pay level
vacancy.
B. The impacted preference eligible clerk will then be assigned to the
duty assignment previously occupied by that junior non-preference
eligible clerk.
C. Any employee reassigned to a lower level duty assignment shall
receive saved grade and shall not be required to bid to their former
level for two years to retain the saved grade.
D. The non-preference eligible clerk moved to the lower level duty
assignment shall have retreat rights back to the former duty
assignment the first time it becomes vacant. If the retreat right isn't
used the first time the job was vacated it is lost.
E. A veteran preference eligible clerk for personal convenience may
waive the right to appeal through the grievance process, to the
EEOC, and/or to the Merit Systems Protection Board (MSPB) and
select a duty assignment at a lower level with saved grade with the
same saved grade in 3C above.
F. If no Level 7 vacancies exist, or if ail level 7 occupied positions at
the gaining installation are occupied by veteran preference eligible
clerks, the Article 12 withholding radius will be expanded to allow for
placement unless the veteran preference eligible clerk applies 3C
above. For this purpose the 40/50 mile restriction on excessing clerks
will not apply. The USPS will discuss with the APWU Director Clerk
Division prior to expanding the withholding area ..
4. Impacted clerks, and senior in lieu of volunteers, may be placed as unencumbered
regular clerks in the gaining installation provided that local management has
completed a bid management review with area concurrence and sufficient vacancies
will be available for placement of all such unencumbered regular clerks (regardless
of pay level) within three (3) months of the date the employees were placed. These
unencumbered clerks must bid on all available vacancies in the gaining installation
or be immediately placed into the first available residual vacancy by management in
accordance with the provisions of Article 12 of the National Agreement, provided that
Level 7 veteran preference eligible clerks who were involuntarily excessed will only
be placed into Level 7 residual vacancies or in accordance with paragraph 3 above.
5. In the event that a Level 7 BMEU Tech or Lead SSA are excessed via the terms of
this MOU, and the first replacement employee in the losing installation fails to
qualify, the excessed Level 7 BMEU Tech or Lead SSA will be returned to their
former assignment and the least senior clerk will then be excessed from the losing
installation with a 30 day notice to the employee.
6. Any disputes arising from the terms of this MOU, or other Article 12 local issues, will
be resolved by the national APWU-U.S. Postal Service Article 12 Task Force. If the
Article 12 Task Force cannot agree upon a resolution, either party may declare an
impasse. Each party will identify the issue in dispute in writing within 30 days after
the declared impasse on the subject. The identified d!§Pute will then be placed on
the appropriate Article 15 arbitration docket.
Document Type: Memorandum of Understanding
Craft: Clerk