4-8-20 Residual Vacancies Q&A

MOU Re: Residual Vacancies - Clerk Craft The parties have jointly agreed to the following Questions & Answers (Q&As) as clarification and guidance on issues related to the MOU Re: Residual Vacancies - Clerk Craft. These Q&As are not intended to alter or change in any way the terms of the 2018-2021 National Agreement or subject MOU.

Filling Residual Vacancies

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In offices of less than 100 work-years a ratio of 1 transfer for every 6 vacancies (1 in 6) applies for the duration of the National Agreement. What is the duration of the 2018-2021 National Agreement when applying the 1 in 6 ratio of the MOU Re: Transfers?
Answer: Article 43, Section 2 states, "Unless otherwise provided, this Agreement shall be effective March 10, 2020, and shall remain in full force and effect to and including 12 midnight September 20, 2021, and unless either party desires to terminate or modify it, for successive annual periods." 

2. When an eligible employee applies for a transfer from one Postal installation to another in regular

eReassign are they bidding on a particular posted residual vacancy?
Answer: No. An employee applying in regular eReassign is requesting a reassignment (transfer) 
from one installation (bid cluster) to another installation (bid cluster). The residual vacancies are 
posted per the language of the MOU Re: Residual Vacancies - Clerk Craft - Paragraph C. 
Employees should be assigned to vacancies based on the posting and the employee's availability at the time of the approved/accepted reassignment. 

3. How often does an employee need to apply in eReassign?

Answer: In regular eReassign an employee is applying for a transfer to another installation (bid 
cluster), not a specific duty assignment. This application is active for 12 months from date of 
submission or until reached for review. The employee can withdraw the application at any time in 
that 12 month period. When the employee is placed in review, a decision is made to accept or deny. If the employee's transfer request is accepted and he/she reports to the new installation (bid cluster), all active requests for other installations are closed. If the transfer request is denied, the application to this installation (bid cluster) is closed. Applicants can extend their requests prior to the 12 month expiration in accordance with the instructions on the confirmation screen in eReassign. 

4.What makes an employee eligible for reassignment?

Answer: All career employees are eligible for reassignment if they have met the 12/18 month 
requirement in their current installation as defined in the MOU Re: Transfers. For transfers within the geographical area covered by a District, or to any adjacent District, an employee must have 18 
months of career service in his/her present installation prior to requesting reassignment to another 
installation. For transfers outside the geographical area as described above, the employee must 
have 12 months of career service in his/her present installation prior to requesting reassignment to another installation. (Page 304 -307 of the 2015 Collective Bargaining Agreement). 

5.What happens if an employee applies prior to becoming eligible?

Answer: Each USPS District eReassign Coordinator is required to monitor the applications in 
regular eReassign. If a career employee submits an application prior to meeting the 12/18-month eligibility requirement, the employee will be notified in writing of his/her eligibility date. If the 
employee is still interested in a transfer he/she will need to submit another application once eligible. The ineligible application will be removed from the pending list of applicants. 

6.    Does the transfer opportunity ratio 1 in 4 or 1 in 6 include both full-time residual vacancies and part­time flexible (PTF) vacancies?
Answer: Yes. The limit on the number of career reassignments (1 in 4 or 1 in 6) includes the
combined opportunities of full-time residual vacancies and PTF vacancies.
7.    How is the transfer opportunity ratio applied in offices of 100 or more work years?

Answer: For offices of 100 or more work-years, a ratio of 1 transfer for every 4 vacancies applies. At least 3 of the posted full-time residual and PTF vacancies will be filled by conversion of Postal Support Employees (PS Es) based on their relative standing to maintain a ratio of 1 transfer to 3 
conversions. Calculation will be tracked to specific blocks of 4. When an employee is being 
considered for transfer, if the employee/employer rejects the offer/request, the vacancy will be filled by PSE conversion after exhausting all eligible employees pending in eReassign. To be eligible, the applicant must submit an application prior to the close of that month's posting. If the final result is a PSE conversion the transfer opportunity in the specific block of 4 cannot be made-up at a later date. This ratio will be reset per Q&A #14 (see below). 

8. How is the transfer opportunity ratio applied in offices of less than 100 work years?

 

Answer: For offices of less than 100 work-years, a ratio of 1 transfer for every 6 vacancies will be applied for the duration of the Collective Bargaining Agreement (CBA). At least 5 of the career 
vacancies will be filled by conversion of PSEs to career status based on their relative standing. 
Once a transfer is accepted the remaining vacancies of the 1 in 6 ratio will be filled by PSE 
conversion. Calculation will be tracked to specific blocks of 6. When an employee is being 
considered for transfer, if the employee/employer rejects the offer/request, the vacancy will be filled by PSE conversion after exhausting all eligible employees pending in eReassign. To be eligible, the applicant must submit an application prior to the close of that month's posting. If the final result is a PSE conversion the transfer opportunity in the specific block of 6 cannot be made-up at a later date. This ratio will be reset per Q&A #14 (see below) 

9. Where in the pecking order are retreat rights to PTF vacancies handled?

Answer: Employees with Clerk Craft retreat rights would fill PTF vacancies in accordance with Article 12.5.C.5 or Article 12.5.C.5.b(6) prior to consideration of PSE conversions and transfers (MOU - Step B.1 ). Retreat rights do not count towards the ratios of 1 in 4, or 1 in 6. 

10. Where in the pecking order are transfers to PTF vacancies considered?

Answer: Transfer requests are considered in conjunction with PSE conversions per Item B.1 of the MOU Re: Residual Vacancies - Clerk Craft. 

11. When there are two required qualifications on a residual vacancy, when does the employee enter the second deferment period? For example, a PSE is scheduled for conversion to a Sales, Services/
Distribution Associate (SSDA) with scheme qualification, the PSE enters window training first and is converted upon qualification on the window. When does the newly converted employee enter the
scheme deferment period?
 

Answer: The newly converted career clerk will enter scheme training within 10 days of conversion to career. The required scheme training will be conducted in accordance with Handbook M-5, 
Schemes: Construction, Assignment, Training, and Proficiency. 

12. Which language is controlling for the term of the 2018-2021 National Agreement, the MOU Re: Residual Vacancies - Clerk Craft or Article 37.5.D?
Answer: The MOU Re: Residual Vacancies - Clerk Craft is the controlling document for the term of the 2018-2021 National Agreement. The Article 37.5.D language was placed in the 2015-2018 National Agreement in anticipation of the MOU Re: Residual Vacancies - Clerk Craft expiring. Once the March 10, 2020 Interest Arbitration Decision determined the MOU Re: Residual Vacancies - Clerk Craft would continue, the MOU language became controlling.

13. The 2018-2021 National Agreement, in accordance with the Goldberg Interest Arbitration decision dated March 10, 2020 requires the conversion of PSEs with 2.5 years of relative standing in 125 work year offices or larger. Will PSEs who will be converted pursuant to this obligation be able to make selections from residual vacancies identified in eReassign?
Answer: PSEs to be converted on May 9, 2020, will be able to preference residual vacancies available for the April 2020 eReassign posting. If insufficient residual vacancies in the installation (bid cluster), the PSEs will be assigned to unencumbered schedules equal to the number of placements necessary. If the residual vacancy has skills or schemes the unencumbered employee will be scheduled for training or enter a deferment period as appropriate. 

14. Will the tracking for transfers be reset for the term of the 2018-2021 National Agreement?

Answer: For the purpose of beginning a new 1 in 4, or 1 in 6 ratio calculation, the starting point will begin with the June 1, 2020, posting of residual vacancies and PTF vacancies in eReassign. Prior postings with transfers pending have already been calculated with the ratio in place at the time of the posting and results of the posting. Any pending transfers from prior postings will be finalized or conversions authorized if transfer fails to finalize. 

15. For the 1 in 6 ratio installations (bid cluster) what action is first, conversion or transfer?

 

 Answer: For the first vacancy to fill, there is no requirement on which action should be first. If the relative standing date of the PSE within the installation (bid cluster) is older than the date of the request for a transfer to the installation, consideration should be to convert the PSE first. If the date of the transfer request is older than the relative standing date of the PSE, the transfer should be selected first. Once a transfer is accepted the remaining vacancies of the 1 in 6 ratio will be filled by PSE conversion. 

16. What is the seniority date for applicants accepted from a canvass?

Answer: The seniority is established as the effective date of placement into the new installation (bid cluster). 

17. What was the intent of language in Paragraph B.2 of the MOU for Filling PTF Vacancies?

Answer: The intent of the language in Paragraph 8.2 of the MOU was if the PTF vacancy was not filled through PSE conversion within the installation (bid cluster) or through regular eReassign, the vacancy would be filled through a simultaneous canvass of PTF clerks by seniority and PSEs by relative standing within a 50-mile radius of the installation with the vacancy. Any PTF applicants will be processed ahead of PSE applicants. The canvass will not count against the ratio as they are voluntary. If the employee is not qualified on the requirements of the PTF assignment (window, etc.) he/she must qualify at the current installation (bid cluster) and if he/she fails to qualify, reassignment is denied. If the PSE fails, a separation notice will not be issued. The PSE will remain in his/her current status and current installation (bid cluster). 

18. Is there a limit on the number of times an employee can be accepted for a canvass?

Answer: An employee placed through a successful canvass, must remain in the new bid cluster for a period of 12 months from the date of placement. 

 

 

 

 

 

 

 

 

 

 

 

Document Type:  Question & Answer

Craft:  Clerk

Tags: Filling Residual Vacancies

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3-20-14_mou_-_filling_of_residual_vacancies

March 20, 2014

The parties agree to the following procedures, during the term of this agreement, to fill residual vacant duty assignments, in the clerk craft, that are not subject to a proper withholding order pursuant to Article 12 of the 2010-2015 Agreement. A. In order to revert any residual duty assignment for the clerk craft, the procedures listed in the terms of the Memorandum of Understanding (MOU) concerning Reversion of Withheld/ Residual Vacancies dated November 7, 2011 shall be followed. The residual duty assignments released from withholding related to the Area Mail Processing (AMP) excessing events will be considered to be viable under the terms of this MOU without further review.

Document Type: National Pre-Arbitration Settlement

Craft: Clerk

Filling Residual Vacancies

4-22-14_q_as_for_mou_filling_of_residual_vacancies.pdf

April 22, 2014

1. Does the MOU apply to all residual vacancies? Answer: Yes. 2. How will the MOU be applied to residual vacancies in the Clerk Craft? Answer: The MOU applies to all vacant residual duty assignments released from withholding related to AMP excessing events. The MOU will also apply to all residual vacancies if they have not already been or in the future are not reverted after application of the procedures established in the MOU dated November 7, 2011. 3. If an installation is under a proper withholding under Article 12 and the event is cancelled or completed while the MOU is in full force and effect, do the terms of the MOU then apply? Answer: Yes. 4. When will the postings take place for Clerk Craft residual vacancies that have been challenged under the procedures established in the MOU dated November 7, 2011 and were not reverted? Answer: They will be posted in the next available e-reassign posting. 5. Does the MOU apply to future residual vacancies? Answer: Yes. 6. Will the USPS at the national level provide the union at the national level a list of residual vacancies by Area/District/Installation on a monthly basis? Answer: Yes. A copy will be provided to the national APWU. 7. Will the terms of the MOU undo any previous conversions of PSE to career or grievance settlements regarding PSE conversions to career negotiated prior to the March 20th MOU? Answer: No. 8. What happens to those requests for transfer made in the March and April postings in eReassign? Answer: Such transfer requests will not be filled at this time. However, those transfer requests will be filled by application of the March 20, 2014 MOU. Employees requesting the transfers have continuing eligibility for future residual vacancies without need to re-apply. 9. What is the procedure when the parties have fully completed a step in the Clerk Craft "pecking order" prior to the effective date of the MOU? Answer: The process continues from whichever step has already been fully completed. Questions can be addressed on a case-by-case basis and resolved through the Alternate Dispute Resolution (ADR) process established in Item G ofthe March 20, 2014 MOU. 10. How will clerks who were unencumbered prior to the signing of the MOURe: Filling Residual Vacancies be assigned under Step #1 during the first application of the steps in the MOU? Answer: Clerk Craft employees who became unencumbered prior to March 20, 2014 will be assigned under Step #1 during the first application of the steps in the March 20, 2014 MOU. Any disputes over seniority will be resolved through the ADR process. 11. How will PSEs converted to an unencumbered career status after March 20, 2014 be assigned to a residual vacancy in accordance with the March 20, 2014 MOU? Answer: PSE employees converted to an unencumbered career status after March 20, 2014 will be eligible to select residual vacancies only after all the steps of the "pecking order" prior to Steps #7 and #8 have been completed during the first application of the steps in the March 20, 2014 MOU. Any disputes over seniority will be resolved through the ADR process. 12. Do retreat rights as referenced inStep #2 of the MOU apply to Clerk Craft employees excessed outside of the craft within the installation and outside the installation to any craft? Answer: Yes. 13. When an employee transfers under Step #5 of the MOU pecking order, do they carry seniority to the new installation? Answer: No. 14. When will Clerk PTFs be eligible to avail themselves of their one time transfer opportunity in Step #6 of the MOU "pecking order?" Answer: During the May 1, 2014 regular eReassign posting. 15. What is the definition in Step #6 of the MOU of"craft seniority?" Answer: For the purposes of the MOU dated March 20, 2014, seniority begins on the date of entry into the Clerk Craft in an installation and continues to accrue as long as service is uninterrupted in the Clerk Craft and in the same installation per Article 37.2.0.1. However, if a PTF employee has been excessed, "clerk seniority" will be calculated as if the employee had never been excessed. 16. Does management have to finish carrying out Step #7 of the MOU pecking order, prior to converting Clerk PSE employees to residual vacancies under Step #8? Answer: No. Steps #7 and #8 may be processed simultaneously and PSE conversions will not be delayed while transfer requests are being considered. 17. In applying Step #8 ofthe "pecking order" how will residual vacancies be offered to the PSEs? Answer: Clerk PSE employees will be able to select by relative standing in the installation from among the residual vacancies. 18. What if a residual vacancy is for a Lead Clerk Level 7 position? Answer: The one year eligibility requirement applies. For Lead Clerks in window and customer service operations, employees must have a minimum of one year of experience in a window position (Window Clerk; Distribution and Window Clerk; Distribution, Window, and Markup Clerk; Sales and Services Associate; Sales, Services, and Distribution Associate). Mail Processing Lead Clerks require one year of experience in Mail Processing operations. Any PSE who meets this requirement at the time of conversion to career with their relative standing would be eligible to assume the Lead Clerk position. 19. Once aPSE finishes the deferment period qualifying for window duties referenced in Step #8, how will their career seniority be calculated? Answer: Clerk Craft seniority will be adjusted to the day the employee received the initial assignment, pending qualification. There will be no retroactive compensation due to this adjustment. 20. When is PSE "relative standing" for conversion purposes established? Answer: PSE relative standing is established at the time of the original appointment as a PSE. This standing continues through successive appointments. 21. What is the seniority date for PSEs converted to career on the same date? Answer: When PSEs are converted to career effective the same date, seniority is determined among employees by the order in which they are converted, as determined by application of their relative standing, which includes all relative tie-breakers in accordance with A1ticle 37.2.D.4. 22. How will questions with the PSE installation "relative standing" lists be addressed? Answer: The parties are encouraged to resolve questions at the Local and Area levels. Unresolved questions may be resolved through application of the Alternate Dispute Resolution (ADR) process established in Item G of the March 20, 2014 MOU. 23. Are PSE employees who are converted to career subject to a new 90-day probationary period? Answer: Yes. However, any PSE who has successfully completed at least two (2) successive 360-day terms will not serve a probationary period when hired for a career appointment, provided such career appointment directly follows aPSE appointment. 24. What are the bidding rights ofPSE employees converted to career? Answer: Newly-converted PSE clerks are eligible to bid and/or apply for duty assignments during their ninety (90) day probationary period. However, the fact that an employee successfully bids or is awarded a duty assignment does not alter the existing provisions of the employee's probationary period. 25. Will Clerk Craft PSEs be allowed to voluntarily transfer from installation to installation during the terms of the MOU? Answer: No. PSEs may be utilized in different installations on a temporary basis based on operational needs, but their relative standing will remain in their "home" installation. 26. Will current career employees from other crafts have a right to transfer within the installation into the Clerk Craft? Answer: During the term of the MOU, no reassignments in the Clerk Craft will be made within or between installations or from other crafts, unless the reassignment is made based on a mutual exchange in accordance with Article 37.2.D.7, through the Article 12 involuntary reassignment process, or pursuant to the March 20, 2014 MOU. 27. Does the MOU settle existing local grievances regarding residual vacancies, PSE conversions, etc.? Answer: It is possible a specific local grievance could be resolved by the March 20, 2014 MOU. The parties at the local and regional level are encouraged to use the MOU as guidance to settle existing grievances that address similar issues. 28. How can it be assured that the process agreed to in Steps #1-8 moves quickly without interference or delays? Answer: The parties are committed to work together to ensure the provisions and all steps of the MOU are carried out expeditiously and in good faith. 29. What is the process to fill a residual vacancy still remaining after the pecking order #1-8 is completed? Answer: In the event this occurs, the parties will meet at the national level and discuss the issue and potential solutions to address it.

Document Type: Memorandum of Understanding

Craft: Clerk

Filling Residual Vacancies, Residual Vacancies