Everything You’ve Always Wanted To Know About PSEs
AMERICAN POSTAL WORKERS UNION, AFL-CIODEPARTMENTTONY D. MCKINNON SR., DIRECTORINDUSTRIAL RELATIONSEverything You’ve Always Wantedto Know About PSEs **But Might Have Been Afraid to AskFORWARD: “Show me where it’s written” is probably the most often heard statement made to stewards and officers. It’s made by members, fellow stewards andofficers, management, and arbitrators. This is particularly perplexing when dealing with issues regarding PSEs, because “where it’s written” is contained invarious sources, including the Articles listed in the National Agreement, the Appendixes and Addendums in the back of the CBA, various MOU’s, Settlements &Q&A’s that were reached following the ratification of the 2010 CBA, e-mail communications, subsequent changes to JCIM language, handbooks and manuals, andarbitration awards. The following reference chart was developed to provide stewards and officers a quick reference guide regarding PSE issues. It also shows theinteraction that PSE issues have among the various Crafts. The chart is current through October 11, 2014. Obviously, updates will be needed in the future, but fornow it should provide stewards and officers a quick guide to answer the statement “Show me where it’s written”. - TDM/RAP
INDEXP. 3 - DEFINITIONS and GENERAL PRINCIPLESP. 34 - ARTICLE 14 - Safety and HealthP. 11 - ARTICLE 1 - Union RecognitionP. 34 - ARTICLE 15 - Grievance-ArbitrationProcedureP. 11 - ARTICLE 2 - Non-Discrimination andRightsCivilP. 35 - ARTICLE 16 - Discipline ProcedureP. 11 - ARTICLE 3 - Management RightsP. 37 - ARTICLE 17 – RepresentationP. 12 - ARTICLE 4 - Technological andMechanization ChangesP. 38 - ARTICLE 18 - No StrikeP. 12 - ARTICLE 5 - Prohibition of Unilateral ActionP. 12 - ARTICLE 6 - No Layoff or Reduction in ForceP. 12 - ARTICLE 7 - Employee ClassificationP. 20 - ARTICLE 8 - Hours of WorkP. 24 - ARTICLE 9 - Salaries and WagesP. 26 - ARTICLE 10 – LeaveP. 31 - ARTICLE 11 – HolidaysP. 31 - ARTICLE 12 - Principles of Seniority, Postingand ReassignmentsP. 33 - ARTICLE 13 - Assignment of Ill or InjuredRegular Workforce EmployeesP. 38 - ARTICLE 19 - Handbooks and ManualsP. 39 - ARTICLE 20 - ParkingP. 39 - ARTICLE 21 - Benefit PlansP. 42 - ARTICLE 22 - Bulletin BoardsP. 42 - ARTICLE 23 - Rights of Union Officials toEnter Postal InstallationsP. 42 - ARTICLE 24 - Employees on Leave withRegard to Union BusinessP. 42 - ARTICLE 25 - Higher Level AssignmentsP. 44 - ARTICLE 26 - Uniforms and Work ClothesP. 44 - ARTICLE 27 - Employee ClaimsP. 44 - ARTICLE 28 - Employer Claims2P. 44 - ARTICLE 29 - Limitation on Revocation ofDriving PrivilegesP. 44 - ARTICLE 30 - Local ImplementationP. 45 - ARTICLE 31 - Union-ManagementCooperationP. 45 - ARTICLE 32 - SubcontractingP. 45 - ARTICLE 33 - PromotionsP. 45 - ARTICLE 34 - Work and/or Time StandardsP. 45 - ARTICLE 35 - Employee Assistance ProgramP. 45 - ARTICLE 36 - Credit Unions and TravelP. 46 - ARTICLE 37 - Clerk CraftP. 55 - ARTICLE 38 - Maintenance CraftP. 58 - ARTICLE 39 - Motor Vehicle CraftP. 63 - ARTICLE 40 - Operating Services CraftP. 64 - ARTICLE 41 - Material Support CraftP. 64 - ARTICLE 42 - Energy ShortagesP. 64 - ARTICLE 43 - Separability and Duration
Contract Language and MOUs in the CBADEFINITIONSandGENERALPRINCIPLESNotations inBLUE representContractLanguage andMOU’s in theback of theContractNumbershighlighted inGREEN are thepage numbersin the Contractand the JCIM/WHAT ARE POSTAL SUPPORT EMPLOYEES (PSEs)?Ref: Article 7, Section 1. Definition and Use, [p. 19]X-Ref: MOU, APPENDIX A [p. 281]B. Postal Support Employees (PSEs)1. The PSE work force shall be comprised of non-career bargainingunit employees.JCIM, Q&A’s, Signoffs, New MOUsRe: Article 7, Section 1.B.1X-Ref: JCIM, Page 35 - Article 7, p.1POSTAL SUPPORT EMPLOYEESRE: Elimination of Rural Carrier Associate/Postal SupportEmployee Dual AppointmentsAlso X-Ref: MOU, APPENDIX A [p. 279]Ref: December 7, 2011 letter, Dean J. Granholm, USPS Vice1. General PrinciplesPresident Delivery and Post Office Operationsa. The PSE work force will be comprised of non-career, The USPS ended the use of Rural Carrier Associates (RCA) inbargaining unit employees, which is the only category of dual appointment positions with all Postal Support Employeesnon-career employees established to work within APWU effective January 12, 2012.bargaining units.PSEs WILL REPLACE TEs and CASUALSRef: JCIM, APPENDIX A, Q & A , PSEs, Page 1 of 12Ref: MOU, Appendix A, [p. 280]Q #1. Do all terms of the Memorandum of Understanding1. General Principles(MOU) Re: Noncareer Assistant (NCA) Employees apply tof. The transitional employee and casual category of PSEs?supplemental employees will be eliminated within three (3)ANSWER: Yes. The word PSE replaces Noncareer Assistantmonths of the effective date of this Agreement.(NCA) wherever Noncareer Assistant or “NCA” appears in theagreement and MOUs.Ref: MOU, Appendix B, [p. 308]Ref: JCIM, APPENDIX A, Q & A , PSEs, Page 1 of 12Re: References to Casuals, TE’s, and Supplemental WorkforceQ #4. Can current PMR's be converted to PSE's?The parties agree that all references to casuals, transitional employeesANSWER: PMR's will be eligible to take the appropriateand supplemental workforce in the 2006 CBA will be jointly reviewed examinations like any other member of the general public and,and replaced with PSE wherever appropriate.if reached during the competitive hiring process, are eligible tobe hired as PSE's.Ref: JCIM, APPENDIX A, Q & A , PSEs, Page 1 of 12Q #5. Can casuals be converted to PSE's?ANSWER: Casuals will be eligible to take the appropriateexaminations like any other member of the general public and,if reached during the competitive hiring process, are eligible tobe hired as PSE's.3
HIRING PSEsRef: Article 7.1.B.8 [p. 22]X-Ref: MOU, APPENDIX A [p 284]8. PSEs shall be hired from an appropriate register pursuant to suchprocedures as the Employer may establish. .Also REF February 18, 2011 letter from Doug Tulino to Cliff Guffey,[p.301], which states: “ the Postal Service will apply its nondiscrimination policies to the hiring processes for the new category ofemployee, [Postal Support Employee (PSE)], . NOTE: This letter makesreference to the EL-312 and EL-307.LENGTH OF TIME OR TERM OF A PSE BEING HIREDRef: Article 7.1.B.8 [p. 22]X-Ref: MOU, APPENDIX A [p. 279]X-Ref: MOU, APPENDIX A [p 284]8. They will be hired for a term not to exceed 360 calendar daysper appointment. PSEs will have a break in service of at least 5days, if reappointed.Ref: Email, June 9, 2011, from Michael Mlaker to MikeMorris“Vets will be given preference in the hiring of PSE’s”Ref: JCIM, APPENDIX A, Q & A , PSEs, Page 3 of 12Q #17. Is there a difference between the "register" from whichPSE's "shall be hired" as referenced in the PSE MOU and the"hiring list"?ANSWER: There is no real difference. "Hiring lists" haveessentially replaced the "register'' as terminology in the MOU.Re: Article 7.1.B.8X-Ref: JCIM, Page 38 - Article 7, p. 4POSTAL SUPPORT EMPLOYEE (PSE) TERM LIMITAlso Ref: JCIM, APPENDIX C, Q & A , PSEs, Page 2 of 7Q #6. What is the term of employment for PSEs?ANSWER: PSE term of employment is not to exceed 360days and is based on operational need. There is no intent toseparate a PSE for more than 5 days to disallow healthbenefits.IN WHAT CRAFTS CAN PSEs BE HIRED AND WORK?PSE’s can be hired in the Clerk, Maintenance, and Motor Vehicle Crafts Also Ref: MOU, March 9, 2012, Neftali Pluguez / Mike MorrisRE: HQ, Article 40, and Material Support Craft, Article 41as follows:In Function 8, the total number of PSEs will not exceed theRef: Article 7, Section 1.B. Postal Support Employees (PSEs) [pp. 19-22] percentages, by craft, in Article 7.1.B.3, by installation andRef: MOU, Appendix A [pp. 281-284]facilityCLERK CRAFTX-Ref: JCIM, Pages 36 - 38 - Article 7, pp.2 - 4 Article 7, Section 1.B.3. [pp. 19-20 and pp. 281 & 282] - PSE WORK ASSIGNMENTS in the Clerk Craft.Function 1 and Function 4 Article 7, Section 6.a. [p. 21 and p. 283] - New Work, including .any former Contract Postal Unit (CPU) that is brought back in4
house.MAINTENANCE CRAFTX-Ref: JCIM, Pages 37 & 38 - Article 7, pp.3 & 4PSE WORK ASSIGNMENTS in the Maintenance Craft Article 7, Section 1.B.3. [p. 20 and p. 282] Article 7, Section 6.b. [p. 21 and p. 283] - New Work, includingCustodial work formerly contracted out that is brought inhouse.X-Ref: JCIM, Pages 37 & 38 - Article 7, pp.3 & 4MOTOR VEHICLE CRAFTPSE WORK ASSIGNMENTS in the Motor Vehicle Craft Article 7, Section 1.B.3. [p 20] Article 7, Section 6.c. [p. 21 and p.283]- New Work, includingHighway Contract Routes (HCR’s) that are brought back intothe Postal Service WHAT ARE THE CAPS TO THE NUMBERS OF PSEs HIRED?Ref: Article 7, Section 1.B. Postal Support Employees [pp. 19-20]Ref: MOU, Appendix A [p. 279]Also Ref: MOU, Appendix A [pp. 281 -283]Re: PSE CapsSETTLEMENT AGREEMENT, 8/14/13, Doug Tulino/Cliff GuffeyRe: Postal Support Employee (PSE) District /ISC Cap ViolationsQ10C-4Q-C 13126898 / HQTG20130201MONITORING PSE CAPSRef: Article 7 [p. 22]Also Ref: MOU, Appendix A [pp 279-280]Also Ref: MOU, Appendix A [p. 284]Re: PSE CapsSETTLEMENT AGREEMENT, 10/3/14, Doug Tulino/MarkDimondsteinRe: Postal Support Employee (PSE) District /ISC Cap ViolationsQ10C-4Q-C 13126898 / HQTG20130201SEPARATION OF PSE’s FOR LACK OF WORKThe parties acknowledge that PSEs may be separated at any time during Ref: JCIM, APPENDIX A, Q & A , PSEs, Page 4 of 12Q #20. How does management determine which PSE totheir term of appointment for lack of work.Otherwise, the normal separation period is 5 days between terminate during their term when there is a lack of work?ANSWER: Clerk and Maintenance craft PSEs will beappointments.terminated for lack of work based upon inverse craft standingon the roll in the installation. MVS Craft PSE's will beterminated for lack of work based on inverse occupationalgroup standing on the roll in the installation5
Ref: MOU, 8/13/13, Patrick M. Devine / Mike Morris Separations for lack of work shall be by inverse relativestanding on the appropriate PSE roll. Such separations are notgrievable except where the separations are pretextual REAPPOINTMENT OF PSE’s WHO WERE SEPARATED FOR LACK OF Ref: JCIM, APPENDIX A, Q & A , PSEs, Page 4 of 12WORKQ #21. When needed, how does management determinewhich PSE to bring back to work?ANSWER: PSEs will be returned based upon their craftstanding on the roll in the installation, or in the MVS Craft bytheir occupational group standing on the roll, for up to a oneyear period from their break in service.REAPPOINTMENT OF PSE’s – GeneralNote: The language contained in the first paragraph of Section 3.B.3 of Ref: MOU, 8/13/13, Patrick M. Devine / Mike Morristhe PSE MOU, [pp 289-290], was superseded by the 8/13/13 PSEs separated for lack of work will be given reappointmentahead of other PSEs with less relative standing on the PSE rollDevine/Morris MOU.(or hiring a new PSE) within the installation if the need forhiring arises within (1) year of separation.Ref: MOU, 8/13/13, Patrick M. Devine / Mike Morris. When operational circumstances indicate thatreappointment for a PSE(s) is not needed and the installationemploys a PSE(s) with lower relative standing, the PSE(s) withhigher standing will be reappointed and the PSE(s) with thelower standing in the installation will be separated instead.Such separation of a PSE(s) with the lowest standing is notgrievable except where the separation is pretextual. ThesePSE(s) separated for lack of work during or upon completion oftheir term of appointment will be given reappointment aheadof other PSE(s) with less relative standing on the PSE roll (orhiring a new PSE) in the installation if the need for hiring ariseswithin one (1) year of separation.PSE Shop Stewards Have Superseniority – But only over other PSEs6Ref: JCIM, APPENDIX A , Q & A , PSEs, Page 4 of 12Q #22. Will a PSE who serves as an APWU steward have rightsover other PSE's when it is necessary to let PSE's go because of
lack of work or when there is an opportunity to bring PSE'sback to work?ANSWER: Yes.REF: JCIM, page 164, Article 17, page 10Question 24: Will a PSE who serves as an APWU steward haverights over other PSEs when it is necessary to let PSEs gobecause of lack of work or when there is an opportunity tobring PSEs back to work?Response: YesNOTE: This DOES NOT give the PSE steward super seniorityrights over a career employee – only over other PSEs.PSE CAREER OPPORTUNITYRef: MOU, APPENDIX A, [p. 291]3. Other ProvisionsE. PSE Career OpportunityWhen the Postal Service determines in accordance withcontractual provisions that it has needs to fill vacancies withnew career employees, available and qualified PSE employeeswill be converted to fill such vacancies on a seniority basisRef: JCIM, APPENDIX C, Q & A , PSEs, Page 2 of 7Q #8. How will career conversion/hiring be done?ANSWER: Hiring lists for PSE's will be established by craftand employees will be converted to career according to theirstanding on the appropriate PSE roll. Career employees maybe hired from appropriate hiring lists only when there are noPSE's on the appropriate roll in the installation eligible forconversion to career.Also REF February 18, 2011 letter from Doug Tulino to Cliff Guffey,[p.301], which states: “ the Postal Service will apply its non- Ref: JCIM, APPENDIX C, Q & A , PSEs, Page 2 of 7discrimination policies to the hiring processes for the new category of Q #9. How does management determine which PSE will beemployee, [Postal Support Employee (PSE)], . NOTE: This letter makes converted to career when such opportunities occur?ANSWER: PSEs will be converted to career based upon theirreference to the EL-312 and EL-307.craft (or in the case of MVS, occupational group) seniority inthe installation.Ref: JCIM, APPENDIX C, Q & A , PSEs, Page 3 of 7:Q #11. Does changing between crafts alter PSE standing onthe roll?ANSWER: YesRef: JCIM, APPENDIX A, Q & A , PSEs, Page 3 of 12Q #14. Does PSE standing on a roll carry over into careerappointment?7
ANSWER: The time worked as a PSE does not carry over if aPSE attains career status. They begin their initial period ofseniority when they attain career status.Ref: JCIM, Page 164 - Article 17, p. 10, Question #25XRef: JCIM, APPENDIX A, Q & A , PSEs, Page 4 of 12Q #23. Does a PSE steward's rights impact who is selected foran available career opportunity?ANSWER: No.REQUIREMENT FOR NACI FINGERPRINT INVESTIGATION UPONCONVERSION FROM PSE TO CAREER STATUSInquiry to USPS Headquarters: Why are the newly converted PSEs beingconsidered as new hires for the first time?USPS Response: The difference between a (1) non-career hire and (2)non-career conversion to career or career hire is the additionaleducation verification, reference check and residential verification. Thischeck is based on the EL-312.Ref: Inquiry to USPS Headquarters: What is a SACI (PSE)review and what is a NACI (career) review?USPS Response: We use two types of investigations for newhires, depending on whether they are career or noncareer.A Special Agency Check with Inquiries (SACI) is required fornoncareer hires (like PSEs). A SACI consists of check of:a. OPM’s Security/Suitability Investigations Index (SII).b. Defense Clearance and Investigations Index (DCII).c. Federal Bureau of Investigation Fingerprint Classification(FBIF).d. Employment history (except Postal Service employment) forthe last 5 years.e. Criminal conviction history in locations where theemployee resided, worked, and went to school.A National Agency Check with Inquiries (NACI) is required forcareer hires (and conversions to career). The NACIrequirement has been in place since 2006. A NACI consists ofchecks of:a. OPM’s Security/Suitability Investigations Index (SII).b. Defense Clearance and Investigations Index (DCII).c. Federal Bureau of Investigation Fingerprint Report.d. Employment history (except postal employment) for thelast 5 years.e. Criminal conviction history in locations where the employee8
resided, worked, and went to school.f. Education verification.g. References.h. Residence verification.CONTRACT PROVISIONS REGARDING PSEsRef: MOU, APPENDIX A, [pp 280 & 281]:2. Contract ProvisionsThe parties agree that only the following articles and portionsof articles of the National Agreement apply to PSEs as outlinedbelow:Article 1Article 2Article 3Article 5Article 7Ref: MOU, APPENDIX A, [p. 287]:Article 14Article 15Article 17, Sections 2, 3, 4, 6, and 7Article 18Article 19Ref: MOU, APPENDIX A, [p. 288]:Article 19 – HANDBOOKS AND MANUALSArticle 19 shall apply in that those parts of all handbooks, manuals andpublished regulations of the Postal Service, which directly relate towages, hours, or working conditions shall apply to PSEs only to theextent consistent with other rights and characteristics of PSEsnegotiated in this Agreement and otherwise as they apply to thesupplemental work force. The Employer shall have the right to makechanges to handbooks, manuals and published regulations as theyrelate to PSEs pursuant to the same standards and procedures found inArticle 19 of this Agreement.Article 20Article 229
Article 23Article 24Article 27Article 28Article 31Article 32Article 34Article 36Article 42Article 43Only the following Memorandums of Understanding from the 2010National Agreement shall apply to PSEs: Use of Privately Owned Vehicles [pp.374-375] Leave Sharing [pp.333-334] Leave Without Pay [p.332] Time Limitations Concerning Bone Marrow, Stem Cell, BloodPlatelet, and Organ Donations [pp.335-336] Removal of Social Security Number References [p. 368]Ref: Article 10 [p.38]Ref: Language at the end of Article 10 [p.42](Additional leave provisions regarding PSEs can be found in APPENDIX A)Ref: MOU, APPENDIX A, [pp. 287]:Article 14Article 15Article 17, Sections 2,3, 4, 6 and 7Article 18Article 19ALSO NOTE: Several other Articles have the following statement at theend of the Article:“(The preceding Article, Article (#), shall apply to PSE Employees)”.These Articles are identified below.10
ARTICLE 1UnionRecognitionARTICLE 2NonDiscriminationand Civil RightsARTICLE 3ManagementRightsRef: Language at the end of Article 1 [p. 5](The preceding Article, Article 1, shall apply to PSEs)Re: Article 1, Section 4. DefinitionX-Ref: JCIM, Page 21 - Article 1, p. 1Article 7.1.B provides for the establishment of the PostalSupport Employee (PSE) work force comprised of non-careerbargaining unit employees.Ref: MOU, Appendix A, [p. 280]:Lists Article 1 as applying to PSEs.Ref: Language at the end of Article 2 [p. 6](The preceding Article, Article 2, shall apply to PSEs)X-Ref: JCIM, Page 25 - Article 2, p. 25USPS HIRING POLICYThe USPS applies its non-discrimination policies to the hiringprocesses, including the new category of employee, [PostalSupport Employee (PSEs)]. The USPS hiring process isgoverned by the Rehabilitation Act of 1973 and prohibitsdiscrimination against qualified employees and career andnon-career job applicants with disabilities, including thosedisabled employees who are deaf or hard of hearing. The nondiscrimination policies include the commitment in Employeeand Labor Relations Manual (ELM), Section 311.12, to notdiscriminate in personnel decisions on the basis of race, color,religion, sex, national origin, age, or disability as provided bylaw (see letter, page 301 of CBA).Ref: MOU, Appendix A, [p. 280]:Lists Article 2 as applying to PSEs.Ref: Language at the end of Article 3 [p. 7](The preceding Article, Article 3, shall apply to PSEs)X-Ref: MOU, Appendix A, [p. 281]:Lists Article 3 as applying to PSEs.ARTICLE 4TechnologicalandMechanizationChangesARTICLE 5Ref: Language at the end of Article 5 [p. 9]11
Prohibition ofUnilateralActionARTICLE 6No Layoff orReduction inForceARTICLE 7EmployeeClassification(The preceding Article, Article 5, shall apply to PSEs)X-Ref: MOU, Appendix A, [p. 281]:Lists Article 5 as applying to PSEs.Ref: Article 6 [p. 13]:B. Preconditions for Implementation of Layoff an
Everything You’ve Always Wanted to Know About PSEs * *But Might Have Been Afraid to Ask. FORWARD: “Show me where it’s written” is probably the most often heard statement made to stewards and officers. It’s made by members, fellow stewards and officers, management, and arbitrators. This is particularly perplexing when dealing with .File Size: 630KB
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