The NPMHU and the Postal Service have entered into a Memorandum of Understanding aimed at the Filling of Residual Vacancies in postal installations that are not subject to withholding under Article 12. The MOU provides a path for the conversion of MHAs into career positions, following implementation of several steps aimed at providing current career employees with opportunities to fill such vacancies in compliance with various provisions of the National Agreement.

The MOU provides clear direction to the Local parties on how to fill vacant career Mail Handler jobs. Although working through the steps delineated below may appear to be difficult, the final result should be the end of management claims that, without some written procedure or agreement, there is no process for converting MHAs.

Here is how the MOU works: After a review of “residual” vacancies by local management, a determination must be made on whether to fill or eliminate (revert) such vacancies. If reverted, a posted notice is required, with reasons for the reversion stated in writing. If the vacancy is to be filled, management first must use career employees for these vacancies following a particular pecking order: (1) unassigned regulars in the installation; (2) any Mail Handlers with retreat rights because they were excessed out of the installation; (3) conversion of part-time flexible Mail Handlers in less-than-200-man-year installations; (4) employees with “priority” consideration for transfers in eReassign; (5) conversion of part-time regular Mail Handlers requesting conversion to full-time status within the installation; and (6) other career employees seeking transfer in accordance with the MOU on Transfers, subject to the rules contained in the National Agreement. Each of these steps is required prior to filling the remaining vacant positions through the conversion of MHAs into career positions.

The Postal Service will provide reports to the NPMHU with the status of every residual vacancy in the Mail Handler craft for all installations where Mail Handlers are employed. The National Office will then provide copies of these reports to the Local Presidents immediately upon receipt. These reports will indicate where each residual vacancy exists, whether the residual has been reviewed, whether the residual vacancy has been reverted or posted on eReassign, whether career employees have applied to fill the vacancy, and so on.

Residual vacancies that are not reverted shall be posted on eReassign on the first day of the month for twenty-one (21) days. Management will then act to fill these vacancies through eReassign. Residuals that have no applicants will be available for the conversion of MHAs. It is expected that this process will result in the conversion of MHAs in installations where such vacancies exist. The parties have further agreed that the provisions of Article 12.7 and the MOU regarding Transfers will be applied, providing for consideration of transfer applicants with adherence to the “1 in 4” (for installations with more than 100 man-years) and “1 in 6” (for smaller installations) requirements that are contained in the Transfer MOU.

A question concerning management’s right to review each residual vacancy and make determinations as to whether each vacancy shall be filled or reverted has been raised. This is not an unfettered right. The USPS decision to revert a residual vacancy is limited by two important factors: First, whether the residual vacancy has previously been “withheld” under Article 12 of the National Agreement, for if a residual has previously been withheld for potential excessing, the Postal Service is restricted from reverting such vacancies in accordance with a binding Step 4 Agreement from October 1, 1984, a copy of which was recently forwarded to all Local Unions. Second, whether the reversion of each assignment would be a violation of the requirements of Article 12.2H and/or Article 12.3B of the National Agreement, which require the posting and awarding of Mail Handler duty assignments to the senior eligible bidder. It is the position of the NPMHU that reverting a viable duty assignment would be a violation of these contractual provisions.

Please refer any concerns regarding implementation of this new MOU on Filling of Residual Vacancies to the National CAD.