USPS - NRLCA 2021-2024 Agreement PDF

2 AGREEMENT between the United States Postal Service and the National Rural Letter Carriers’ Association 2021–2024 Handbook EL-902  TABLE OF CONTENTS Article Page 1. UNION RECOGNITION.............

2 AGREEMENT between the United States Postal Service and the National Rural Letter Carriers’ Association 2021–2024 Handbook EL-902  TABLE OF CONTENTS Article Page 1. UNION RECOGNITION......................... 1 1. Union.................................... 1 A. Recognition............................ 1 B. Terms................................ 1 2. Exclusion................................. 1 3. Facility Exclusions.......................... 1 4. Definition................................. 2 5. New Positions............................. 2 6. Performance of Bargaining Unit Work.......... 2 A. More than 100 Bargaining Unit Employees.... 2 B. Less than 100 Bargaining Unit Employees.... 2 2. NON-DISCRIMINATION AND CIVIL RIGHTS........ 3 1. Statement of Principle....................... 3 2. Discrimination Grievances.................... 3 3. MANAGEMENT RIGHTS........................ 3 4. TECHNOLOGICAL AND MECHANIZATION CHANGES................................... 4 1. Statement of Principle....................... 4 2. Advance Notice............................ 4 3. Resolution of Differences.................... 4 4. New Jobs................................ 4 5. PROHIBITION OF UNILATERAL ACTION........... 5 6. NO LAYOFFS OR REDUCTION IN FORCE.......... 5 7. EMPLOYEE CLASSIFICATIONS.................. 5 1. Career Employees.......................... 5 A. Regular Carriers (Designation Code 71)...... 5 B. Part-time Flexible Rural Carriers (Designation Code 76).................... 6 i  2. Substitute Rural Carriers, Rural Carrier Associates, Rural Carrier Reliefs, and Assistant Rural Carriers.............................. 6 A. Substitute Rural Carriers (Designation Code 73).................... 6 B. Rural Carrier Associates (RCAs) (Designation Code 78).............. 6 C. Rural Carrier Associates (RCAs) (Designation Code 74).................... 6 D. Rural Carrier Associates (RCAs) (Designation Code 79).................... 6 E. Rural Carrier Reliefs (RCRs) (Designation Code 75).................... 6 F. Assistant Rural Carriers (ARCs) (Designation Code 70-5)................... 7 8. HOURS OF WORK............................. 7 1. Work Week................................ 7 2. Work Schedules............................ 7 3. Hourly Basis............................... 7 A. Straight Time Rate....................... 7 B. Overtime Rate........................... 8 4. Guarantees................................ 8 5. Relief Day Worked.......................... 8 6. Wash-up Time............................. 9 7. Changes in Number of Delivery Days........... 10 9. COMPENSATION, SALARIES, AND WAGES........ 10 1. Salaries and Wages........................ 10 A. Basic Annual Salary..................... 10 B. New Regular Carrier Appointees........... 11 C. Part-time Flexible Rural Carrier Appointees... 11 D. Granting Step Increases.................. 12 E. Cost-of-Living Adjustment................ 13 F. Application of Salary Rates............... 15 G. Protected Salary Rates................... 15 H. Rural Carrier Associates and Assistant Rural Carriers.......................... 15 ii 2. Compensation, Allowance, and Fees.......... 15 A. Compensation Pursuant to the Fair Labor Standards Act (FLSA)................... 15 1. FLSA Section 7(b)(2).................. 15 2. FLSA Section 7(a)................... 21 B. Rural Carrier Schedule.................. 22 C. Evaluated Compensation................ 22 1. Definition.......................... 22 2. Evaluated Compensation............. 23 3. Rural Route Evaluated Compensation System........................... 23 4. Centralized Delivery.................. 24 5. Relief Days........................ 24 6. Route Classification................. 29 7. Classification Options and Reviews..... 31 8. Overburdened Routes................ 33 9. Changes in Compensation............ 34 10. Substantial Service Changes.......... 34 11. Seasonal Route..................... 34 12. Temporary Route Deviations........... 35 13. Recurring Work Duties............... 35 14. Administrative Errors................ 35 D. Compensation for Part-time Flexible Rural Carriers......................... 36 E. Compensation for Substitute Rural Carriers.............................. 36 F. Compensation for Rural Carrier Associates and Rural Carrier Relief Employees........ 37 G. Equipment Maintenance Allowance........ 38 1. General Policy...................... 38 2. Vehicle Equipment.................. 38 3. Rate of EMA....................... 38 4. Special EMA Chart.................. 39 5. Auxiliary Assistance and Auxiliary Rural Carriers...................... 39 6. Temporary Deviations................ 40 H. Christmas Allowances and Procedures..... 40 iii  I. Training Pay........................... 43 J. Training Presentations................... 45 10. LEAVE...................................... 45 1. Leave Funding............................ 45 2. Annual Leave............................. 45 A. Minimum Units and Availability of Leave Replacements.......................... 45 B. Forfeiting Leave........................ 46 C. Approved Leave........................ 46 3. Sick Leave............................... 46 4. Saturday Leave............................ 46 5. Leave for Substitutes and Rural Carrier Associates............................... 47 6. Leave for Part-time Flexible Rural Carriers...... 48 7. Leave Submission......................... 48 11. HOLIDAYS.................................. 49 1. Holidays Observed......................... 49 2. Payment................................. 49 3. Part-time Flexible Rural Carriers, and Substitute Carriers......................... 50 12. PRINCIPLES OF SENIORITY, POSTING, AND REASSIGNMENT......................... 51 1. Probationary Period........................ 51 A. Statement of Principle................... 51 B. Falsification of Employment Application..... 51 C. Completion of Probationary Period......... 51 D. Reemployment......................... 51 2. Rural Carrier Seniority...................... 51 A. Accruing Seniority...................... 52 B. Breaking Ties.......................... 52 1. Regular Rural Carriers................ 52 2. Part-time Flexible Rural Carriers........ 53 3. Substitutes, Rural Carrier Associates and Rural Carrier Reliefs............... 53 C. Relative Seniority Upon Reassignment...... 55 iv  3. Rural Carrier Posting....................... 56 A. Posting Requirements................... 56 B. Local Posting and Bidding of Regular Rural Routes............................... 58 C. Awarding a Vacant Route................ 59 D. District Posting and Awarding............. 62 E. Other Requirements to Fill a Vacant Regular Route......................... 64 4. Rural Carrier Temporary Reassignments....... 65 5. Rural Carrier Reassignments................. 66 A. General Reassignments................. 66 B. Route Consolidations................... 68 C. Retreat Rights......................... 69 D. Reverting to a Part-time Flexible Rural Carrier in Lieu of Reassignment........... 70 13. ASSIGNMENT OF ILL OR INJURED EMPLOYEES................................ 71 1. Assistance for Employees................... 71 2. Federal Employees’ Compensation Act........ 71 3. No Light-Duty Assignments................. 71 14. SAFETY AND HEALTH........................ 71 1. Responsibilities........................... 71 2. Cooperation.............................. 71 A. Safety Administration................... 71 B. Health Services........................ 72 C. Occupational Safety and Health Act........ 72 3. Local Safety Meeting....................... 72 15. GRIEVANCE AND ARBITRATION PROCEDURE.... 73 1. General Policy............................ 73 2. Definition................................ 73 3. Procedure............................... 73 4. Grievance Procedure — General............. 79 A. Observance of Principles and Procedures... 79 B. Failure to Meet Time Limits............... 79 C. Failure to Schedule Meetings............. 79 D. National Level Grievance................. 79 E. EEO Complaints....................... 80 v  5. Arbitration................................ 81 A. General............................... 81 B. Selection of Panels...................... 82 1. Area Panels........................ 83 2. National Panels...................... 83 C. National Arbitration...................... 83 D. Area Arbitration........................ 84 16. DISCIPLINE PROCEDURE...................... 85 1. Statement of Principle...................... 85 2. Letter of Warning.......................... 86 3. Suspensions.............................. 86 4. Discharge or Crime Situation................. 88 5. Emergency Procedure...................... 88 6. Review of Discipline........................ 89 7. Veterans’ Preference....................... 89 8. Employee Discipline Records................. 89 17. REPRESENTATION........................... 90 1. Stewards................................. 90 2. Appointment of Stewards.................... 90 A. Union Certification...................... 90 B. Non-Employee Stewards................. 90 C. Other Union Representatives.............. 90 3. Rights of Stewards......................... 91 4. Payment of Stewards....................... 92 5. Union Participation in New Employee Orientation............................... 92 6. Checkoff................................. 92 A. Deductions by Employer................. 92 B. Dues Authorization Form................. 93 C. Standard Form 1187 Honored............. 93 D. Payroll Deductions...................... 93 18. NO STRIKE.................................. 95 1. Statement of Principle...................... 95 2. Union Actions............................. 95 3. Union Liability............................. 95 4. Legal Impact.............................. 95 vi 19. HANDBOOKS AND MANUALS.................. 95 1. Statement of Principle...................... 95 2. Initial Notice of Proposed Changes............ 96 3. Final Notice and Arbitration.................. 96 20. PARKING................................... 97 1. Existing Parking Program................... 97 2. Parking Security.......................... 97 3. Priority Parking........................... 97 21. BENEFIT PLANS............................. 97 1. Health Benefits........................... 97 2. Health Benefit Brochures................... 98 3. Life Insurance............................ 98 4. Retirement............................... 98 5. Injury Compensation....................... 99 22. BULLETIN BOARDS.......................... 99 23. RIGHTS OF UNION OFFICIALS TO ENTER POSTAL INSTALLATIONS..................... 99 24. EMPLOYEES ON LEAVE WITH REGARD TO UNION BUSINESS....................... 100 1. Continuation of Benefits................... 100 2. Leave for Union Conventions............... 100 3. Leave Replacement....................... 100 25. HIGHER LEVEL ASSIGNMENTS................ 100 1. Salary Computation....................... 100 2. Work Week............................. 101 3. Written Order............................ 101 4. Assignments in Excess of 180 Calendar Days.................................. 101 26. ENERGY SHORTAGES....................... 101 27. EMPLOYEE CLAIMS......................... 102 1. Statement of Principle..................... 102 2. Claims Procedure........................ 102 vii 28. EMPLOYER CLAIMS......................... 103 1. Statement of Principle..................... 103 2. Shortages in Fixed Credits.................. 103 3. Loss or Damage of the Mails................ 103 4. Damage to USPS Property and Vehicles....... 104 5. Collection Procedures..................... 104 29. LIMITATION ON REVOCATION OF DRIVING PRIVILEGES................................ 104 1. Employer’s Right to Revoke................. 104 2. Revocation Considerations................. 104 3. Initial Certification......................... 105 4. Employee Notification..................... 105 5. Licensed Drivers Provided by Employee....... 105 30. WORKING RULES FOR RURAL CARRIERS....... 106 1. General Provisions........................ 106 A. Even Flow of Mail...................... 106 B. Space and Working Conditions........... 106 C. Non-Conforming Boxes................. 106 D. Roads and Approaches................. 106 E. Route Remeasurement.................. 106 F. Lunch Break.......................... 106 G. Scheduling........................... 107 H. Acts of God.......................... 107 I. Turning in Mail and Funds............... 107 J. Carrier’s Rights in Route Adjustments...... 108 K. Affixing Stamps....................... 108 L. Roster of Customers................... 108 M. Driver Certification..................... 108 N. Use of Seat Belts...................... 108 O. Identification Badges................... 108 P. Other Route Assignments............... 109 2. Special Provisions for Part-time Flexible Rural Carriers, Substitutes, Rural Carrier Associates, and Rural Carrier Relief Employees........... 109 A. Appointment.......................... 109 B. Probationary Period (See also Article 12.1)................... 112 viii  C. Assignment to or Utilization on More than One Regular Route................ 113 D. Unavailability of a Leave Replacement..... 113 E. Filling a Leave-Replacement Vacancy..... 115 F. Reassignment (Transfer) to Another Office............................... 115 G. Filling an Auxiliary Route................ 116 H. Relief Day on Vacant J and K Routes...... 119 I. Excess Substitute, RCA, and RCR Determination........................ 119 J. Financial Liability...................... 120 K. Non-Discrimination.................... 120 L. Benefits for Substitutes................. 120 M. Discipline Procedure................... 120 N. Grievance-Arbitration.................. 120 O. Leave Replacement Working Evaluated Hours............................... 120 P. Sunday Work......................... 121 Q. Additional Duties...................... 121 31. UNION-MANAGEMENT COOPERATION......... 121 1. Union Membership Solicitation.............. 121 2. Requests for Information................... 122 3. Information Provided by the Employer........ 122 A. Changes to Designations of Bargaining Unit Employees....................... 122 B. Bargaining Unit Employees’ Information.... 123 C. Route Evaluation Report................ 123 D. Route Evaluation Data Report............ 123 E. Pay Code Report...................... 123 F. DACA Code 3 and 5 Report............. 123 4. Meetings............................... 124 A. National Level........................ 124 B. Area Level........................... 124 C. District Level......................... 125 D. Local Level.......................... 125 ix 32. SUBCONTRACTING.......................... 126 1. Statement of Principle..................... 126 2. Advance Notice.......................... 126 3. Contract Delivery Service Renewal Cycles..... 126 4. Renewal of Contract Delivery Service (CDS) Routes................................. 126 5. Contract Service.......................... 126 33. PROMOTIONS.............................. 127 34. WORK AND/OR TIME STANDARDS............. 127 1. Statement of Principle..................... 127 2. Work Measurement Systems................ 127 3. Advance Notice to Union................... 127 4. Meeting to Resolve Differences.............. 128 5. Notification.............................. 128 6. Grievance at National Level................. 128 7. Arbitrator’s Award........................ 128 8. Issue Before Arbitrator..................... 128 9. Actions After Arbitrator’s Award.............. 128 10. Union Right to Conduct Study............... 129 35. EMPLOYEE ASSISTANCE PROGRAM........... 129 1. Statement of Principle..................... 129 2. Program Review.......................... 130 3. Employee Referrals....................... 130 36. CREDIT UNIONS AND TRAVEL................. 130 1. Credit Unions............................ 130 2. Travel, Subsistence, and Transportation....... 130 37. SCOPE OF AGREEMENT...................... 131 38. SEPARABILITY AND DURATION................ 131 1. Separability.............................. 131 2. Effective Date and Duration................. 131 x  MEMORANDA OF UNDERSTANDING Page 1. Reserved.................................. 133 2. Recognition of Principles of Evaluated System.... 133 3. Re: Bereavement Leave...................... 134 4. Grievance Time Limits Concerning Proposed Removals................................. 135 5. Supplement to Article 16.7.................... 136 6. Relinquishment of Route Due to Job-Related Injury..................................... 138 7. Bid Rights for Employees Temporarily Unable to Perform All Duties........................ 140 8. Right-Hand Drive Vehicles.................... 143 9. Availability of USPS Surplus Vehicles........... 148 10. Appointment of Regular Carrier to RCA Upon Relocation................................ 149 11. Joint Education and Training Fund............. 150 12. Part-time Flexible Rural Carrier Court Leave...... 152 13. Assistant Rural Carrier....................... 153 14. Workplace Environment...................... 153 15. Reserved................................. 155 16. Sick Leave for Dependent Care................ 155 17. Leave Sharing.............................. 156 18. Reserved................................. 157 19. Revenue Generation......................... 157 20. Reserved................................. 158 21. Reserved................................. 158 22. DPS Flats Casing........................... 159 23. Non-Career Employee Health Benefits.......... 160 24. Rural Delivery Task Force.................... 162 25. Joint Workplace Improvement Process.......... 163 xi  ATTACHMENTS Page TABLE THREE Rural Carrier Associate/Rural Carrier Relief Straight-Time Hourly Wage Rates............... 166 TABLE FOUR Rural Carrier Associate/Assistant Rural Carrier Straight-Time Hourly Wage Rates......... 166 xii  PREAMBLE This Agreement (referred to as the USPS-NRLCA 2021 National Agreement) is entered into as of March 23, 2022, by and between the United States Postal Service (hereinafter referred to as the “Employer”) and the National Rural Letter Carriers’ Association (hereinafter referred to as the “Union”) and super- sedes the provisions of the 2018 USPS-NRLCA National Agree- ment. xiii This page intentionally left blank xiv  ARTICLE 1 UNION RECOGNITION Section 1. Union A. Recognition The Employer recognizes the Union as the exclusive bargain- ing representative of all employees in the bargaining unit for which the Union has been recognized and certified at the national level. B. Terms The applicable provisions of Article 30 and the applicable provisions of other Articles in which they are specifically named contain the exclusive terms and conditions of employ- ment for part-time flexible rural carriers, substitutes, rural car- rier associates, rural carrier relief employees, and auxiliary rural carriers. Section 2. Exclusion The employee group set forth in Section 1 above does not include, and this Agreement does not apply to: a. Managerial and supervisory personnel; b. Professional employees; c. Employees engaged in personnel work in other than a purely non-confidential clerical capacity; d. Security guards as defined in Public Law 91-375, 1201 (2); e. All Postal Inspection Service employees; and f. All other bargaining unit craft employees. Section 3. Facility Exclusions This Agreement does not apply to employees who work in other Employer facilities which are not engaged in customer services and mail processing, previously understood and expressed by the parties to mean mail processing and delivery, including but not limited to Headquarters, Area Offices, Information Service Centers, William F. Bolger Center for Leadership Development, 1 Article 1.3 Technical Training Center, Field Centers, Material Distribution Centers, Mail Equipment Shops, and Mail Transport Equipment Centers/Repair Centers. Section 4. Definition Subject to the foregoing exclusions and provisions, this Agree- ment shall be applicable to all employees covered by Section 1 above at all present and subsequently acquired installations, facilities, and operations of the Employer, wherever located. Section 5. New Positions Each newly created position shall be assigned by the Employer to the national craft unit most appropriate for such position within thirty (30) days after its creation. The Union shall be noti- fied promptly regarding assignments made under this provision. Section 6. Performance of Bargaining Unit Work A. More than 100 Bargaining Unit Employees Supervisors are prohibited from performing bargaining unit work at post offices with 100 or more bargaining unit employ- ees, except: 1. In an emergency; 2. For the purpose of training or instruction of employees; 3. To assure the proper operation of equipment; 4. To protect the safety of employees; or 5. To protect the property of the U.S. Postal Service. B. Less than 100 Bargaining Unit Employees In offices with less than 100 bargaining unit employees, supervisors are prohibited from performing bargaining unit work, except as enumerated in Section 6.A.1. through 5. above or when the duties are included in the supervisor’s position description. 2  Article 3.e ARTICLE 2 NON-DISCRIMINATION AND CIVIL RIGHTS Section 1. Statement of Principle The Employer and the Union agree that there shall be no dis- crimination by the Employer or the Union against employees because of race, color, creed, religion, national origin, sex, age, or marital status. In addition, consistent with the other provi- sions of this Agreement, there shall be no unlawful discrimina- tion against disabled employees, as prohibited by the Rehabilitation Act. Section 2. Discrimination Grievances Grievances arising under this Article may be filed at Step 2 of the grievance procedure unless filed directly at the national level, in which case, the provisions of this Agreement for initiat- ing grievances at that level shall apply. ARTICLE 3 MANAGEMENT RIGHTS The Employer shall have the exclusive right, subject to the pro- visions of this Agreement and consistent with applicable laws and regulations: a. To direct employees of the Employer in the performance of official duties; b. To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees; c. To maintain the efficiency of the operations entrusted to it; d. To determine the methods, means, and personnel by which such operations are to be conducted; e. To prescribe a uniform dress to be worn by letter carriers and other designated employees; and 3 Article 3.f f. To take whatever actions may be necessary to carry out its mission in emergency situations; i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature. ARTICLE 4 TECHNOLOGICAL AND MECHANIZATION CHANGES Section 1. Statement of Principle Both parties recognize the need for improvement of mail service. Section 2. Advance Notice The Union will be informed as far in advance of implementation as practicable of technological or mechanization changes which affect jobs including new or changed jobs in the area of wages, hours, or working conditions. When major new mecha- nization or equipment is to be purchased and installed, the Union at the national level will be informed as far in advance as practicable, but no less than 90 days in advance. Section 3. Resolution of Differences Upon receiving notice of the changes, an attempt shall be made at the national level to resolve any questions as to the impact of the proposed change upon affected employees, and if such questions are not resolved within a reasonable time after such change or changes are operational, the unresolved questions may be submitted by the Union to arbitration under the griev- ance-arbitration procedure. Any arbitration arising under this Article will be given priority in scheduling. Section 4. New Jobs Any new job or jobs created in the rural carrier craft by techno- logical or mechanization changes shall be offered to present regular rural carrier employees capable of being trained to per- form the new or changed job, and the Employer will provide 4  Article 7.1.A such training. During training, the employee will be paid based on hours actually worked at the equivalent of a 40-hour evalu- ated route, attained step. It is understood that the training herein referred to is on the job and not to exceed sixty (60) days. Certain specialized technical jobs may require addi- tional and off-site training. The obligation herein above set forth shall not be construed to, in any way, abridge the right of the Employer to make such changes. ARTICLE 5 PROHIBITION OF UNILATERAL ACTION The Employer will not take any actions affecting wages, hours and other terms and conditions of employment as defined in Section 8(d) of the National Labor Relations Act which violate the terms of this Agreement or are otherwise inconsistent with its obligations under law. ARTICLE 6 NO LAYOFFS OR REDUCTION IN FORCE It is agreed by the Employer that no employees employed in the career work force will be laid off on an involuntary basis during this Agreement. ARTICLE 7 EMPLOYEE CLASSIFICATIONS Section 1. Career Employees A. Regular Carriers (Designation Code 71) For administrative and reporting purposes, regular rural carri- ers who serve on an established rural route on the basis of tri- weekly, five (5), five-and-a-half (5½), or six (6) days in a service week, are considered to be full-time employees. 5 Article 7.1.B B. Part-time Flexible Rural Carriers (Designation Code 76) Part-time flexible rural carriers are those substitutes or rural carrier associates appointed following an assignment post- ing. These employees provide service on regular and auxiliary routes as directed by management. Section 2. Substitute Rural Carriers, Rural Carrier Associates, Rural Carrier Reliefs, and Assistant Rural Carriers The following employees provide service on established regular and auxiliary rural routes in the absence of regular or auxiliary rural carriers. This service may be as leave replacement and/or covering vacant regular routes pending the selection of regular rural carriers, as an auxiliary assistant, or as an auxiliary route carrier: A. Substitute Rural Carriers (Designation Code 73) Substitute rural carriers are those employees hired prior to July 21, 1981, with an appointment without time limitation. B. Rural Carrier Associates (RCAs) (Designation Code 78) Rural carrier associates are those employees selected from a hiring list or reassigned from rural carrier relief or auxiliary car- rier positions, on or after April 11, 1987, without time limitation. C. Rural Carrier Associates (RCAs) (Designation Code 74) Rural carrier associates appointed via Form 50 to serve full time on a vacant route or in the absence of the regular carrier for more than 90 calendar days. D. Rural Carrier Associates (RCAs) (Designation Code 79) Rural carrier associates appointed via Form 50 after being assigned to an auxiliary route for more than 90 calendar days. E. Rural Carrier Reliefs (RCRs) (Designation Code 75) Rural carrier reliefs are those employees hired between July 21, 1981, and November 12, 1986, without time limitation. 6  Article 8.3.A.3 F. Assistant Rural Carriers (ARCs) (Designation Code 70-5) Assistant rural carriers are those employees selected from a hiring list, without time limitation. ARTICLE 8 HOURS OF WORK Section 1. Work Week The basic work week for regular rural carrier employees shall be six (6) days, except as relief days are provided for certain carri- ers and for carriers serving triweekly routes. Regular rural carri- ers may not work on Sunday. Section 2. Work Schedules Daily schedules shall be established to coincide with the daily evaluation of the route and adjusted periodically as required. The carrier’s work day may vary above or below the daily evalu- ation of the route as mail volume fluctuates and road and weather conditions change. Section 3. Hourly Basis When a rural carrier is being compensated on an hourly basis, the hourly rate is computed as follows: A. Straight Time Rate 1. Regular rural carriers – The annual salary for a 40-hour evaluated route (Table One) divided by 2,080, for sub- stitute rural carriers and those carriers appointed as rural carrier associates prior to November 21, 2010. 2. Regular rural carriers – The annual salary for a 40-hour evaluated route (Table Two) divided by 2,080, for those carriers appointed as rural carrier associates on or after November 21, 2010. 3. Part-time flexible rural carriers appointed as rural car- rier associates prior to November 21, 2010, substitute rural carriers – The annual salary for a 40-hour evalu- ated route (Table One) divided by 1,992. 7 Article 8.3.A.4 4. Part-time flexible rural carriers appointed as rural car- rier associates on or after November 21, 2010 – The annual salary for a 40-hour evaluated route (Table Two) divided by 1,992. 5. Rural carrier associates and rural carrier relief employ- ees on the rolls prior to August 24, 1991 — See RCA/ RCR Schedules (Table Three) on page 166. 6. Rural carrier associates hired from August 24, 1991, through August 10, 2012 — See RCA/RCR Schedules (Table Three) on page 166. 7. Rural carrier associates hired on or after August 11, 2012 – See RCA/ARC Wage Rates (Table Four) on page 166. B. Overtime Rate When a rural carrier craft employee is being compensated on an hourly basis, overtime pay is to be paid at the rate of 150% of the basic hourly straight time rate for regular carriers except in those instances when FLSA overtime is applicable. Section 4. Guarantees Any employee scheduled to work and who does report for work shall be guaranteed two (2) hours work or pay. Section 5. Relief Day Worked A. The relief day work list at each delivery unit shall be established twice during each guarantee period. The relief day work list will be posted for a two-week period. Each time the new relief day work list is established it shall supersede the previous list. All regular carriers, regardless of route classification, desiring to work their relief days shall place their names on the relief day work list. The first opportunity to sign the relief day work list will be three weeks prior to the beginning of the new guarantee period and will be effective at the beginning of the new guar- antee period. The second opportunity to sign the relief day work list will be three weeks prior to the beginning of the first 8  Article 8.6 full pay period in May and will be effective the first full pay period in May. When a regular rural carrier is needed to work a relief day, due to the unavailability of a leave replacement, the Employer will: 1. Select carriers on the list, in order of seniority on a rotating basis, to work on the relief day. 2. If the need still exists, the Employer will accept volun- teers from regular carriers not on the list before requir- ing regular carriers not on the list to work the relief day. Such requirement will be by juniority. 3. A regular rural carrier will not be required to work if the carrier has at least one day of annual leave (including an approved X day) or sick leave adjacent to the relief day. B. On the day the regular carrier works the relief day, the assigned leave replacement may be required to work any route in the delivery unit consistent with the provisions of this Agreement. Administrative errors in the assignment of work to regular carriers on relief days will not result in monetary remedies. C. The Employer is not required to work any regular carrier on a relief day if the assigned primary leave replacement is in the first two pay periods of assignment in the office or it would cause the carrier to exceed the hours of the annual guarantee or fifty-six (56) actual hours within one (1) week. Section 6. Wash-up Time Additional wash-up time for those rural carriers who perform dirty work or work with toxic materials on a daily or weekly basis may be recorded as miscellaneous time during the mini mail survey, provided the carrier is subject to allergic reaction from such dirty work or toxic materials. The amount of wash-up time granted each employee shall be subject to the grievance procedure. 9 Article 8.7 Section 7. Changes in Number of Delivery Days If, pursuant to present or future law, changes are made in the number of delivery days, the effects of the change on employ- ees will be negotiated by the parties and all provisions of this Agreement inconsistent with the change will be amended to conform with the change. The Employer shall notify the Union at least ninety (90) days prior to implementation of the contemplated changes in the number of delivery days. If, within ninety (90) days after such notice the parties are unable to agree on the treatment to be given to employees whose wages, hours, and working condi- tions will be changed, the Union shall be entitled to refer the matter to arbitration within ten (10) days. The arbitrator shall determine whether the Employer’s proposed treatment of such employees is fair, reasonable, and equitable. The above is not applicable to changes such as those resulting from route evaluations, etc., which are made under the present practice in the Postal Service. ARTICLE 9 COMPENSATION, SALARIES, AND WAGES Section 1. Salaries and Wages A. Basic Annual Salary The basic annual salary schedule (Tables One and Two) in effect on May 20, 2021, with proportional application to hourly rate employees, for those employees covered under the terms and conditions of this Agreement, shall be increased as follows: 1. Effective November 20, 2021 The basic annual salary for each step shall be increased by an amount equal to 1.3% of the appropriate February 27, 2021, salary schedule. 10  Article 9.1.C 2. Effective November 19, 2022 The basic annual salary for each step shall be increased by an amount equal to 1.3% of the appropriate February 27, 2021, salary schedule. 3. Effective November 18, 2023 The basic annual salary for each step shall be increased by an amount equal to 1.3% of the appropriate February 27, 2021, salary schedule. (See Tables Three and Four on page 166.) B. New Regular Carrier Appointees All new regular carriers will be appointed at Step 1 of Table Two with the following exceptions: 1. Substitute rural carriers will be appointed to regular carrier status at Step 8 or their existing step, whichever is lower, provided, however, that substitutes serving in excess of ninety (90) days on a vacant route at the time of appointment will maintain their existing step. 2. Rural carrier associates and rural carrier relief employ- ees on the rolls before August 7, 1991, and continu- ously thereafter will be appointed at Step C (Table One). 3. Rural carrier associates who were hired between August 7, 1991, and November 20, 2010, and served continuously thereafter, will be appointed at Step A (Table One). 4. Career employees of the Postal Service on the rolls before August 7, 1991, and continuously thereafter will be appointed at Step C (Table One). 5. Part-time flexible rural carriers will be appointed to reg- ular carrier status at their attained step. C. Part-time Flexible Rural Carrier Appointees Substitute rural carriers who are appointed to part-time flexi- ble rural carriers under Article 30.2.A.3. will begin a career appointment at Step 8 or their existing step (Table One), 11 Article 9.1.C whichever is lower, provided, however, that substitutes serv- ing in excess of ninety (90) days on a vacant route at the time of appointment will maintain their existing step. Rural carrier associates on the rolls before August 7, 1991, who are appointed to part-time flexible rural carriers under Article 30.2.A.3. will begin a career appointment at Step C (Table One). Rural carrier associates who were hired between August 7, 1991, and November 20, 2010, and served contin- uously thereafter, who are appointed to part-time flexible rural carriers under Article 30.2.A.3., will begin a career appoint- ment at Step A (Table One). Rural carrier associates hired on or after November 21, 2010, who are appointed to part-time flexible rural carriers under Article 30.2.A.3., will begin a career appointment at Step 1 (Table Two). D. Granting Step Increases 1. For regular, part-time flexible, and substitute rural carri- ers in Step A through 11 of Table One, the step pro- gression shall be as follows: — From Step A to Step B after 96 weeks. — From Step B to Step C after 96 weeks. — From Step C to Step 1 after 44 weeks. — From Step 1 to Step 2 after 44 weeks. — From Step 2 to Step 3 after 44 weeks. — From Step 3 to Step 4 after 44 weeks. — From Step 4 to Step 5 after 44 weeks. — From Step 5 to Step 6 after 44 weeks. — From Step 6 to Step 7 after 44 weeks. — From Step 7 to Step 8 after 34 weeks. — From Step 8 to Step 9 after 34 weeks. — From Step 9 to Step 10 after 26 weeks. — From Step 10 to Step 11 after 26 weeks. — From Step 11 to Step 12 after 24 weeks. 12  Article 9.1.E.3.a 2. The step progression for career rural carriers in Steps 1 through 15 of Table Two shall be 52 weeks for each step. E. Cost-of-Living Adjustment 1. Definitions a. “Consumer Price Index” refers to the “National Consumer Price Index for Urban Wage Earners and Clerical Workers”, published by the Bureau of Labor Statistics, United States Department of Labor (1967=100), and referred to herein as the “Index.” b. “Consumer Price Index Base” refers to the Con- sumer Price Index for the month of January 2021 and is referred to herein as the “Base Index.” 2. Each eligible employee covered by this Agreement shall receive cost-of-living adjustments, upward, in accordance with the formula in E.3. below, effective on the following dates: — The second full pay period after the release of the July 2021 Index. — The second full pay period after the release of the Jan- uary 2022 Index. — The second full pay period after the release of the July 2022 Index. — The second full pay period after the release of the Jan- uary 2023 Index. — The second full pay period after the release of the July 2023 Index. — The second full pay period after the release of the January 2024 Index. 3. Method of Determination a. The basic salary schedules provided for in Table One and Step 15 of Table Two of this Agreement shall be increased 1 cent per hour for each full 0.4 of a point increase in the applicable Index above 13 Article 9.1.E.3.a the Base Index. For example, if the increase in the Index from January 2021 to July 2021 is 1.2 points, all pay scales for rural carrier employees in Table One and Step 15 of Table Two of this Agreement will be increased by 3 cents per hour multiplied by 2,080 to determine the annual base rate, with proportional application to the evalu- ated base rates. In no event will a decline in the Index below the Base Index result in a decrease in the pay scale provided for in this Agreement. b. Steps 1 through 14 in the basic salary schedules provided for in Table Two of the Agreement shall receive COLAs calculated using the formula in paragraph 3.a. adjusted proportionally to each step’s percentage of Step 15. 4. Nonavailability of Monthly Index In the event the appropriate Index is not published on or before the beginning of the effective payroll period, any adjustment required will be made effective at the beginning of the second payroll period after publication of the appropriate Index. 5. No Further Adjustments No adjustment, retroactive or otherwise, shall be made due to any revision which may later be made in the published figures for the Index for any month mentioned in Section 1.E.2. 6. If during the life of this Agreement, the BLS ceases to make available the CPI-W (1967=100), the parties agree to use the CPI-W (1982-84=100) at such time as BLS ceases to make available the CPI-W (1967=100). At the time of change to the CPI-W (1982-84=100), the cost-of-living formula in Section 1.E.3. will be recalcu- lated to provide the same cost-of-living adjustment that would have been granted under the formula using the CPI-W (1967=100). 14  Article 9.2.A.1 F. Application of Salary Rates The Employer shall continue the current application of salary rates for the duration of this Agreement. G. Protected Salary Rates The Employer shall continue the current salary rate protection program for the duration of this Agreement. H. Rural Carrier Associates and Assistant Rural Carriers RCAs hired from August 24, 1991, through August 10, 2012, will be paid the basic hourly rate in Table Three. RCAs hired on or after August 11, 2012, and assistant rural carriers will be paid the basic hourly rate in Table Four. The hourly rate shall be adjusted by the general increases provided for in Article 9.1.A. In addition, RCAs and ARCs in Tables Three and Four will receive the following wage adjustments: 1. Effective November 20, 2021, the hourly rate (Tables Three and Four) shall be increased by 1.0%. 2. Effective November 19, 2022, the hourly rate (Tables Three and Four) shall be increased by 1.0%. 3. Effective November 18, 2023, the hourly rate (Tables Three and Four) shall be increased by 1.0%. 4. All percentage increases are applied to the Tables Three and Four wage rate in place on May 20, 2021. Section 2. Compensation, Allowance, and Fees A. Compensation Pursuant to the Fair Labor Standards Act (FLSA) 1. FLSA Section 7(b)(2). It is desired by the parties that certain rural letter carriers shall be employed on an annual basis at a guaranteed annual wage and that such rural carriers shall not be required to actually work more than 2,240 hours during the guarantee period of fifty-two (52) consecutive weeks as specified below, pursuant to 15 Article 9.2.A.1 Section 7(b)(2) of the Fair Labor Standards Act, as amended. Therefore, the parties agree as follows: a. Regular rural carriers receiving evaluated com- pensation assigned to routes having the number of evaluated hours of required service per week shall be guaranteed an annual wage equal to the corresponding amount for their attained step, for 2,080 hours of actual work during the guarantee period of fifty-two (52) consecutive weeks as set forth in paragraph h. below. b. Consistent with past pay practices, evaluated car- riers assigned to routes having evaluated hours in excess of forty (40) per week shall receive com- pensation for such hours in addition to their guar- anteed annual wage. However, the Employer may, at any time, reduce or increase such car- rier’s total compensation by adjusting the number of evaluated hours of their routes downward or upward, but not to a salary level below the guar- antee set forth at the beginning of the guarantee period. Therefore, compensation paid to evalu- ated rural carriers in excess of the amount of compensation annually guaranteed for 2,080 hours of actual work shall not be considered guaranteed annual wages. c. The Employer may, at any time, increase the total compensation paid evaluated carriers assigned to routes having evaluated hours of forty (40) per week or less by adjusting the number of evaluated hours of their routes upward. However, compen- sation paid to such evaluated carriers in excess of the amount of compensation annually guaranteed for 2,080 hours of actual work shall not be consid- ered guaranteed annual wages. d. Regular rural carriers receiving non-evaluated compensation assigned to routes having a num- ber of paid miles shall be guaranteed an annual 16  Article 9.2.A.1.h wage not less than the corresponding amount for their attained step for 2,080 hours of actual work during the fifty-two (52) consecutive week period as set forth in paragraph h. below. e. Consistent with past pay practices, non-evalu- ated carriers assigned to routes having forty-three (43) or more paid miles shall receive compensa- tion for such paid miles in addition to their guar- anteed annual wage. However, the Employer may, at any time, reduce or increase such carri- ers’ total compensation by adjusting the number of paid miles of their routes downward or upward, but not to a salary level below the guarantee set forth at the beginning of the guarantee period. Therefore, compensation paid to non-evaluated carriers in excess of the amount of compensation annually guaranteed for 2,080 hours of actual work shall not be considered guaranteed annual wages. f. The Employer may, at any time, increase the total compensation paid non-evaluated carriers assigned to routes having forty-two (42) or less paid miles per week by adjusting the number of paid miles of their routes upward. However, com- pensation paid to such non-evaluated carriers in excess of the amount guaranteed for 2,080 hours of actual work shall not be considered guaranteed annual wages. g. The hourly rate for all regular rural carriers com- pensated pursuant to FLSA Section 7(b)(2) shall be the amount agreed upon. h. For all regular rural carriers compensated pursuant to FLSA Section 7(b)(2), the fifty-two (52) consecu- tive week guarantee periods shall be consecutive beginning and ending with pay periods. 17 Article 9.2.A.1.i i. Any regular rural carrier compensated pursuant to FLSA Section 7(b)(2) shall receive overtime com- pensation as set forth in paragraph k. below, for hours actually worked in excess of twelve (12) hours in any one work day or in excess of fifty-six (56) hours in any work week. All hours paid in accordance with Article 9.2.C.5.f.(3) shall not be included in hours worked over fifty-six (56) in any work week. j. In the event any regular rural carrier compensated pursuant to FLSA Section 7(b)(2) is required to actually work more than 2,080 hours within the fifty- two (52) consecutive week guarantee period, such carrier shall receive overtime compensation as set forth in paragraph k. below, for all hours actually worked in excess of 2,080, up to 2,240, within the guarantee period. All hours paid in accordance with Articles 9.2.C.5.f.(3), 9.2.C.5.k. and l. shall not be included in hours worked in excess of 2,080 up to 2,240 in the guarantee period. k. Overtime compensation for regular rural carriers compensated pursuant to FLSA Section 7(b)(2) shall be paid at the rate of 150 percent of the car- rier’s regular rate. The regular rate for such carri- ers shall be the total amount of compensation earned for hours actually worked since com- mencement of the guarantee period, excluding previous overtime pay, divided by the total num- ber of hours the carrier has actually worked since commencement of the guarantee period, exclud- ing previous overtime hours. l. For a regular rural carrier compensated under FLSA Section 7(b)(2), Christmas overtime com- pensation, if appropriate, shall be paid in the reg- ular check following the pay period worked. Any Christmas overtime hours paid at the FLSA over- 18  Article 9.2.A.1.o time rate shall not be included in hours worked in excess of 2,080 up to 2,240, in the guarantee period. m. No regular rural carrier compensated pursuant to FLSA Section 7(b)(2) may actually work in excess of 2,240 hours within the fifty-two (52) consecu- tive week guarantee period. In the event any such carrier actually works more than 2,240 hours within the guarantee period, the Agreement under FLSA Section 7(b)(2) will be considered void, and such carrier shall be compensated for all hours actually worked during the guarantee period in accordance with FLSA Section 7(a). n. Hours of absence from duty are not to be counted in determining the number of hours actually worked by a regular rural carrier compensated pursuant to FLSA Section 7(b)(2). o. An employee appointed as a regular rural carrier during the guarantee period, as set forth in para- graph h., except on routes of less than thirty-five (35) evaluated hours, shall be compensated on the evaluated schedule under Section 7(b)(2) of the Fair Labor Standards Act, provided the carrier agrees, in writing at the time of appointment, to terminate the guarantee agreement on the last day of the pay period as defined in Article 9.2.A.1.h. Such an agreement by any rural carrier is irrevocable. Such an employee shall be com- pensated in accordance with FLSA Section 7(b)(2) beginning the first day of the next fifty-two (52) consecutive week guarantee period. A carrier who does not agree to terminate the guarantee, as described above, shall be compen- sated at the rate in accordance with Article 8.3., in the attained step and overtime for work per- formed only after eight (8) hours on duty in any one service day or forty (40) hours in any one ser- 19 Article 9.2.A.1.o vice week, pursuant to Section 7(a) of the Fair Labor Standards Act, until the beginning of the next guarantee period at which time the carrier shall be compensated under the provisions of Section 7(b)(2) of the Fair Labor Standards Act in accordance with Article 9.2.A. p. When a rural letter carrier compensated pursuant to FLSA Section 7(b)(2) resigns, retires, is properly discharged, or is properly terminated for other suitable reasons during the guarantee period, this section terminates as to that carrier, and there is no further obligation under this section on the part of the Employer, provided the section has been complied with up to that time. q. Where a rural carrier compensated pursuant to FLSA Section 7(b)(2) is properly placed in a non- pay status, such carrier shall not be compensated for such time, and the compensation which would otherwise have been paid will be deducted from the Employer’s guarantee obligation under FLSA Section 7(b)(2). r. A regular rural carrier compensated pursuant to FLSA Section 7(b)(2) who is transferred or reas- signed, either voluntarily or involuntarily, to another position within or without the rural letter carrier bargaining unit during the fifty-two (52) consecutive week guarantee period shall not receive less compensation for the balance of the guarantee period than the carrier is guaranteed under this section. s. Compensation provided pursuant to lock pouch allowance, temporary deviations, or seasonal route adjustments will not at any time be consid- ered part of a rural carrier’s salary guarantee. t. When permanent or longstanding route condi- tions, beyond the control of the rural carrier, 20  Article 9.2.A.2.h cause, or are expected to cause, the rural carrier to exceed the evaluated hours of the route and to exceed the hours of the annual guarantee for the route, the Employer shall provide suitable relief or shall provide appropriate compensation for the actual hours worked in excess of the annual guar- antee. Under such conditions, rural carriers shall not be expected to use leave in addition to that normally required to meet the route evaluation or guarantee requirements specified in the agree- ment. u. In the event the provisions of this section conflict with any Postal Service regulation, manual, or handbook, the provisions of this section will be deemed controlling. 2. FLSA Section 7(a) The following employees shall be compensated in accordance with FLSA Section 7(a): a. Evaluated carriers assigned to routes having less than thirty-five (35) hours of required service per week. b. Regular rural carriers receiving non-evaluated compensation assigned to routes having less than thirty-one (31) paid miles. c. Part-time flexible rural carriers. d. Substitute rural carriers. e. Rural carrier associates. f. Rural carrier relief employees. g. Assistant rural carriers. h. Employees appointed as regular rural carriers during the guarantee period not covered by Sec- tion 7(b)(2) of the Fair Labor Standards Act. 21 Article 9.2.A.2 In the event the provisions of this section conflict with any Postal Service regulation, manual, or handbook, the provi- sions of this section shall be deemed controlling. B. Rural Carrier Schedule 1. Regular rural carriers assigned to RCS routes in excess of thirty (30) miles shall be compensated on the basis of the Rural Carrier Schedule and in accordance with Article 9.2.A, pursuant to Section 7(b)(2) of the Fair Labor Standards Act. 2. Regular rural carriers assigned to RCS routes of thirty (30) miles or less shall be compensated on the basis of the Rural Carrier Schedule. In addition, compensation for hours of required service in excess of forty (40) actual work hours during a week shall be at the over- time rate in accordance with Section 7(a) of the Fair Labor Standards Act. 3. Temporary Route Deviations. A temporary change in salary shall be authorized when route deviations con- tinue for more than thirty (30) calendar days. All salary changes will become effective at the beginning of the first pay period following completion of the first thirty (30) days of the detour and at the beginning of the first pay period after the deviation is terminated. C. Evaluated Compensation 1. Definition Evaluated compensation is additional compensation above that provided in the Rural Carrier Schedule. The Evaluated Schedule shall show the annual compensation for evaluated hours of required service per week, up to and including forty-eight (48) hours, based on the compensation for a 42-mile route established by the Rural Carrier Schedule as a compensation of an evaluated 40-hour week. Compensation for required evaluated service in excess of forty (40) hours per week shall be valued at 1 1/2 the hourly rate of the 40-hour per week rate to determine 22  Article 9.2.C.3.b annual compensation on routes where the required evaluated service exceeds forty (40) hours, but does not exceed forty-eight (48) hours per week. 2. Evaluated Compensation Evaluated compensation will be authorized on the basis of evaluated time, as determined by the office and route time standards, after subtracting any relief time and in accordance with the following: a. Regular rural carriers assigned to evaluated routes evaluating to thirty-five (35) hours or more shall be compensated on the basis of the Evalu- ated Schedule and in accordance with Article 9.2.A, pursuant to Section 7(b)(2) of the Fair Labor Standards Act. b. Regular rural carriers assigned to evaluated routes evaluating to less than thirty-five (35) hours shall be compensated on the basis of the Evalu- ated Schedule. In addition, compensation for hours of required service in excess of forty (40) actual work hours during a service week shall be at the overtime rate in accordance with Section 7(a) of the Fair Labor Standards Act. 3. Rural Route Evaluated Compensation System a. The official evaluation of a route will be deter- mined semi-annually by applying the appropri- ate standards pursuant to the Rural Route Evaluated Compensation System. b. Whenever a carrier represents that certain unusual conditions or special services were not reflected in the latest evaluation, the evaluated time may be adjusted by an appropriate allow- ance as determined by the Employer. Such addi- tional allowance may be authorized only when the carrier’s actual work time exceeds the current evaluated time for the route. 23 Article 9.2.C.4 4. Centralized Delivery Centralized delivery, for the purpose of establishing a rural time allowance, is defined as any mail receiving unit where the carrier has access to more than one individual customer’s receptacle by opening only one door, such as Cluster Box Units, Apartment Receptacles, Delivery Centers, Postal Centers, Mailrooms, etc. 5. Relief Days a. Assistance in the form of relief days on evaluated routes, except during the Christmas period, will be provided when the evaluated time exceeds forty-six (46) hours per week or as necessary to keep the total actual work hours under 2,080 during the guarantee period. When such relief is provided, the rural carrier’s compensation will be on the basis of the remaining hours of required evaluated service per week. b. In offices where the Employer determines it is necessary to change the relief day of one or more regular routes due to a shortage of leave replacements, regular rural carriers working their relief day on more than an infrequent basis, and the office having documentation of hiring efforts consisting of a minimum of four (4) hiring lists within the last six (6) months, the following formula will be utilized. The minimum number of routes on which a Saturday relief day must be authorized will be calculated using the total number of leave replacements assigned and working in the office minus the number of auxiliary routes divided by the total number of regular routes authorized a relief day. Then, subtract.10 and the result is then multiplied by the total num- ber of routes authorized a relief day and rounded down to the next whole number. This figure is the minimum number of routes on which manage- 24  Article 9.2.C.5.d.(1) ment must authorize a Saturday relief day. Sub- tract this figure from the total number of regular routes authorized a relief day. This final figure is the maximum number of K routes that manage- ment may require a non-Saturday relief day. c. Non-Saturday relief days are Monday, Tuesday, Wednesday, Thursday, and Friday, which includes Friday/Saturday rotating. The Employer will not require a single non-Saturday relief day to be assigned to more routes than a Saturday relief day. While the Employer determines which non- Saturday relief days benefit the office, the non- Saturday relief days should be spread evenly throughout the week. A Friday/Saturday rotating relief day or any pair of Friday/Saturday rotating relief days equates to one Friday relief day. When a Friday relief day is offered, the carrier may elect a Friday/Saturday rotating relief day. d. The following actions will occur in the order pre- sented until the required number of K routes with relief days other than Saturday is reached: (1) Any regular rural carrier assigned to a K route with a Saturday relief day may elect to permanently change the relief day to another day (including Friday/Saturday rotating), provided the new relief day will assist in reaching the required number of routes with relief days other than Saturday. Any rural carrier that selects Tuesday, Wednesday, or Thursday as the relief day will be given the incentive of allowing the route’s evaluation to increase to 53:00 to 55:00 standard hours through normal growth and maintain such evaluation for the duration the rural carrier is assigned that route and that relief day. The Employer will adjust these routes down to 53:00 to 55:00 standard hours when 25 Article 9.2.C.5.d.(1) adjustments are necessary. However, adjustments may be made below 53:00 to 55:00 standard hours consistent with contractual provisions and applicable regulations. Bids for posted routes with Tuesday, Wednesday, or Thursday relief days and residual vacancies with Tuesday, Wednesday, or Thursday relief days awarded to part-time flexible rural carriers, substitutes, or rural carrier associates, will not result in the above incentive. (2) If the required number of K routes with relief days other than Saturday has not been reached, the Employer may assign a relief day other than Saturday to those K routes with a Saturday relief day, based on juniority in the office. Should the new relief day be Tuesday, Wednesday, or Thursday the provisions in (1) are not applicable. e. A recalculation of the formula occurs when one of the following has changed in an office: the num- ber of regular routes that are authorized relief days, the number of auxiliary routes, or the num- ber of available leave replacements. Following a recalculation, the Employer may reassign the non- Saturday relief day. Such reassignment will be offered to rural carriers by seniority. If additional Saturday relief days are available, the Employer may then mandate the reassignment of the relief day by juniority. Any incentive provided for the relief day will cease upon such reassignment. f. Except as provided in item j., regular rural carriers on the relief day work list who work the relief day will select one of the following options: (1) An X day (a day for working a prior relief day) to be immediately scheduled by mutual agreement between the carrier and the 26  Article 9.2.C.5.j.(1) Employer. The scheduled X day must be within the next twelve (12) weeks. PS Form 3971 will be completed for the mutually agreed X day and the scheduled X day will be given the same consideration as approved annual leave. (2) Compensation at 50% of the carrier’s daily rate of pay, in addition to receiving an X day within twelve (12) weeks as scheduled by the Employer. (3) Compensation at 150% of the carrier’s daily rate of pay. The carrier will not receive an X day. g. Except as provided in item j. below, regular rural carriers not on the relief day work list who are required to work the relief day will receive com- pensation at 50% of the carrier’s daily rate of pay, in addition to receiving an X day within twelve (12) weeks as scheduled by the Employer. h. If a regular rural carrier works the relief day and fails to complete the entire route, the carrier will be compensated 150% of the carrier’s hourly rate of pay for the actual number of hours worked. i. The Employer will not allow a regular rural carrier to work a relief day in accordance with their per- sonal wishes when a qualified leave replacement is available in the delivery unit. j. Without recourse to Article 8.5, the Employer may allow a regular rural carrier to work on his or her relief day in order to grant the leave replacement scheduled to serve the regular’s route, the day off, provided: (1) The leave replacement has submitted a written request to be non-scheduled or to have leave on the regular’s relief day; 27 Article 9.2.C.5.j.(2) (2) The regular rural carrier has signed the request, thereby indicating agreement; and (3) The regular rural carrier and the Employer have agreed that compensation for working the relief day will only be an X day to be immediately scheduled by mutual agreement. The scheduled X day must be within the next twelve (12) weeks. PS Form 3971 will be completed for the mutually agreed X day and the scheduled X day will be given the same consideration as approved annual leave. A part-time flexible rural carrier is not entitled to the route’s evaluated hours for any day the Employer has granted his or her request to be non-scheduled. k. During the period that starts with the beginning of the guarantee period through the end of the des- ignated Christmas period, a regular rural carrier who works the relief day and is entitled to an X day must be given the X day as scheduled by the Employer within the same pay period in which the relief day was worked. Regular rural carriers shall be prohibited from scheduling a previously earned X day from the beginning of the guarantee period through the end of the designated Christmas period. If the X day is not received within the same pay period, the Employer will compensate the regular rural carrier 100% of the carrier’s daily rate of pay in lieu of the X day. l. If, for any reason, an X day is not received within the twelve-week period in accordance with Sub- sections f.(2) and g. above, the Employer will compensate the regular rural carrier 100% of the carrier’s daily rate of pay in lieu of an X day. The period from the beginning of the guarantee period through the end of the designated Christmas 28  Article 9.2.C.6.a period is not included when counting the twelve weeks in which an X day must be received. 6. Route Classification Rural routes shall be classified as follows: a. TABLE OF EVALUATED HOURS FOR REGULAR RURAL ROUTES Total Hours and Minutes Per Week (Standard Hours) Evaluated Hours H Routes (No Relief Days) 40:30 to 41:29 41 Hours 41:30 to 42:29 42 Hours 42:30 to 43:29 43 Hours 43:30 to 44:29 44 Hours 44:30 to 45:29 45 Hours 45:30 to 46:29 46 Hours J Routes (Relief Day Every Other Week) 44:11 to 45:15 41 Hours 45:16 to 46:21 42 Hours 46:22 to 47:27 43 Hours 47:28 to 48:32 44 Hours 48:33 to 49:37 45 Hours 49:38 to 50:43 46 Hours K Routes (Relief Day Each Week) 47:24 to 48:35 40 Hours 48:36 to 49:47 41 Hours 49:48 to 50:59 42 Hours 51:00 to 52:11 43 Hours 52:12 to 53:23 44 Hours 53:24 to 54:35 45 Hours 54:36 to 55:47 46 Hours 55:48 to 56:59 47 Hours* 57:00 to 57:36 48 Hours* *Normally, these categories should only be used as interim classifications pending route adjustments. 29 Article 9.2.C.6.b b. TABLE OF EVALUATED HOURS FOR AUXILIARY ROUTES Total Hours and Minutes Per Week (Standard Hours) Evaluated Hours 11:30 to 12:29 12 Hours 12:30 to 13:29 13 Hours 13:30 to 14:29 14 Hours 14:30 to 15:29 15 Hours 15:30 to 16:29 16 Hours 16:30 to 17:29 17 Hours 17:30 to 18:29 18 Hours 18:30 to 19:29 19 Hours 19:30 to 20:29 20 Hours 20:30 to 21:29 21 Hours 21:30 to 22:29 22 Hours 22:30 to 23:29 23 Hours 23:30 to 24:29 24 Hours 24:30 to 25:29 25 Hours 25:30 to 26:29 26 Hours 26:30 to 27:29 27 Hours 27:30 to 28:29 28 Hours 28:30 to 29:29 29 Hours 29:30 to 30:29 30 Hours 30:30 to 31:29 31 Hours 31:30 to 32:29 32 Hours 32:30 to 33:29 33 Hours 33:30 to 34:29 34 Hours 34:30 to 35:29 35 Hours 35:30 to 36:29 36 Hours 36:30 to 37:29 37 Hours 37:30 to 38:29 38 Hours 38:30 to 39:29 39 Hours 39:30 to 40:29 40 Hours 40:30 to 41:29 41 Hours 41:30 to 42:29 42 Hours* 42:30 to 43:29 43 Hours* 43:30 to 44:29 44 Hours* 44:30 to 45:29 45 Hours* 30  Article 9.2.C.7.a.(2) Total Hours and Minutes Per Week (Standard Hours) Evaluated Hours 45:30 to 46:29 46 Hours* 46:30 to 47:29 47 Hours* 47:30 to 48:29 48 Hours* 48:30 to 49:29 49 Hours* 49:30 to 50:29 50 Hours* 50:30 to 51:29 51 Hours* 51:30 to 52:29 52 Hours* 52:30 to 53:29 53 Hours* 53:30 to 54:29 54 Hours* 54:30 to 55:29 55 Hours* 55:30 to 56:29 56 Hours* 56:30 and Over 57 Hours* * Auxiliary routes will be converted to regular within 30 days of reaching 42:00 standard hours, unless otherwise withheld in accordance with this Agreement. 7. Classification Options and Reviews a. Any rural carrier whose route may be classified in more than one evaluated classification may elect the higher route classification if the following requirements are met: (1) It must be demonstrated that the rural carrier’s actual work hours will not exceed 2,080 during the guarantee period. Christmas overtime hours, if any, will increase this benchmark, provided that the hours in excess of 2,080 occur in the last pay period of the guarantee period. Such determination should be based on, but not limited to, the rural carrier’s performance during the previous year; (2) The rural carrier agrees in writing to use sufficient annual leave to assure that the total actual hours worked, with appropriate consideration of Christmas overtime, will not exceed the 2,080 annual guarantee; and 31 Article 9.2.C.7.a.(3) (3) The rural carrier must have a minimum of ten (10) years from the retirement computation date. b. Reviews (1) Route Evaluation or Interim Adjustment At the time of a route evaluation, interim adjustment, or just prior to the beginning of the guarantee period the post-master must arrange a meeting with each eli-gible rural carrier to discuss requirements for election of a higher classification for which the rural carrier may qualify. The commitment to use sufficient annual leave in order to qual-ify for a higher classification must be made in writing to give the postmaster assurance that the actual work hours will not exceed 2,080 hours during the guarantee period. The writ- ten commitment must be submitted with the appropriate forms at the time of an evalua- tion interim adjustment, or high-option election. (2) Review—During Guarantee Period When a postmaster believes that a rural car- rier will exceed 2,080 actual work hours dur- ing the guarantee period, the following procedures shall apply: The rural carrier must be advised, in writing, and a meeting arranged to discuss the action deemed to be necessary to assure that the actual hours do not exceed the 2,080 annual guarantee. At such meeting, the postmaster shall ascertain whether or not a rural carrier, not covered under C.7.a., will commit, in writing, to use sufficient annual leave to keep the actual work hours under 2,080 during the guarantee period. Normally, route adjustments or addi- tional relief days will not be necessary in order 32  Article 9.2.C.8.b to control actual work hours where the rural carrier has given specific commitments of annual leave and such leave usage will keep the actual work hours under 2,080 for the guarantee period. However, the postmaster may take such action as necessary to avoid actual work hours in excess of 2,080 during the guarantee period. c. Effect of Leave Commitment on Saved Salary In the event it becomes necessary to adjust a route, either evaluated or non-evaluated because the rural carrier failed to make a commitment to use sufficient annual leave earned during the guarantee period to assure that the actual work hours will not exceed the 2,080 hour annual guar- antee, the saved salary for the rural carrier shall be limited to the salary guarantee under Section 7(b)(2) of the Fair Labor Standards Act in accor- dance with Article 9.2.A. 8. Overburdened Routes a. Definition A route is considered overburdened when: (1) The standard hours for the route are outside of the Table of Evaluated Hours; or (2) The regular rural carrier who is assigned to the route does not, or is not expected to, meet the requirement to stay within the annual guarantee for the route. b. Relief of Overburdened Routes Permanent relief will be arranged as soon as prac- ticable for overburdened routes. Auxiliary assis- tance may be provided as a temporary means of providing relief for those routes as defined in 33 Article 9.2.C.8.b 8.a.(1). Assistance is provided, equivalent to the lesser of the following: (1) The regular rural carrier’s actual weekly work hours that are in excess of 48 hours (K classification); or (2) The standard hours for the route that are in excess of 57:36. 9. Changes in Compensation Changes in compensation due to eligibility for adjustment, or loss of evaluated compensation as determined by a route evaluation shall be effected at the beginning of the second full pay period following the completion of the data-collection period. When making changes in compensation as a result of route evaluations and interim adjustments no rural carrier’s salary may be reduced below the salary guarantee during the guarantee period. 10. Substantial Service Changes When substantial service changes occur, an increase or decrease of one (1) full hour (60 minutes) in the evaluation of a rural route’s hours as determined by the formula in this paragraph, which indicate possible eligibility for, or adjustment of evaluated compensation, the Employer shall promptly adjust the route evaluation and shall make a prompt adjustment in the compensation. Such interim adjustment shall be made by application of a formula based upon (1) the appropriate box allowance added to the volume factor multiplied by the boxes added to or subtracted from the route since the last evaluation and (2) the change in miles multiplied by the appropriate factor. 11. Seasonal Route A seasonal route is a route where certain families are provided delivery for only a specified period of less than one (1) year. Normally, these routes are located in resort or vacation areas. The seasonal period is defined 34  Article 9.2.C.14 as that period in which the carrier is required to attempt delivery and the seasonal period ends when delivery is no longer required of the carrier. The following steps will be taken when serving seasonal boxes: a. At the beginning of the seasonal period, the evalu- ation shall be adjusted by application of a formula based upon (1) the appropriate box allowance added to the volume factor multiplied by the boxes added to the route and (2) the change in miles multiplied by the appropriate factor. b. At the conclusion of the seasonal period, the sea- sonal boxes will be subtracted from the evaluation. 12. Temporary Route Deviations Any temporary route deviations of more than thirty (30) calendar days duration shall be added to the evaluation and the salary shall be adjusted accordingly. Upon termination of the deviation, the route evaluation shall be adjusted to its former status. All salary changes will become effective at the beginning of the first pay period following completion of the first thirty (30) days of the detour and at the beginning of the first pay period after the deviation is terminated. 13. Recurring Work Duties When daily recurring work duties other than traditional service functions are added to or removed from a route after the latest route evaluation, the Employer shall promptly determine time requirements for such added or removed duties and authorize any appropriate adjustment of evaluated compensation. 14. Administrative Errors Any administrative error which results in underpayment of a rural carrier (except remeasurement) will be retroactively corrected, unless the rural carrier knew or 35 Article 9.2.C.14 should reasonably have known of the error and failed to notify the Employer within two (2) weeks. D. Compensation for Part-time Flexible Rural Carriers 1. Compensation for part-time flexible rural carriers shall be based on the evaluation or mileage of the route, whichever is appropriate, when they are not required to actually work in excess of forty (40) hours in a work week. When the total actual work hours exceed forty (40) hours per work week, compensation shall be on the basis of hours actually worked in accordance with Article 8.3., attained step. Compensation for work per- formed in excess of forty (40) hours per week shall be at the overtime rate pursuant to Section 7(a) of the Fair Labor Standards Act. 2. When serving on an auxiliary route, part-time flexible rural carriers shall be compensated based on the daily evaluated hours of the route regardless of the number of hours actually worked, unless they work in excess of forty (40) hours in a work week. When the carrier’s total actual work hours exceed forty (40) hours per week, compensation shall be on the basis of hours actually worked in accordance with Article 8.3., attained step, and hours in excess of forty (40) hours per week shall be at the overtime rate pursuant to Section 7(a) of the Fair Labor Standards Act. 3. When serving as an auxiliary assistant, part-time flexi- ble rural carriers shall be compensated for all hours actually worked within forty (40) hours per week in accordance with Article 8.3., attained step, and at the overtime rate for all hours actually worked in excess of forty (40) hours per work week pursuant to Section 7(a) of the Fair Labor Standards Act. E. Compensation for Substitute Rural Carriers 1. Compensation for substitute rural carriers shall be based on the evaluation or mileage of the route, which- ever is appropriate, when they are not required to actu- ally work in excess of forty (40) hours in a work week. 36  Article 9.2.F.1 When the total actual work hours exceed forty (40) hours per work week, compensation shall be on the basis of hours actually worked in accordance with Arti- cle 8.3., attained step. Compensation for work per- formed in excess of forty (40) hours per work week shall be at the overtime rate pursuant to Section 7(a) of the Fair Labor Standards Act. 2. When serving on an auxiliary route, substitute rural car- riers shall be compensated based on the daily evalu- ated hours of the route regardless of the number of hours actually worked, unless they work in excess of forty (40) hours in a work week. When the carrier’s total actual work hours exceed forty (40) hours per week, compensation shall be on the basis of hours actually worked in accordance with Article 8.3., attained step, and hours in excess of forty (40) hours per week shall be at the overtime rate pursuant to Section 7(a) of the Fair Labor Standards Act. 3. When serving as an auxiliary assistant, substitute rural carriers shall be compensated for all hours actually worked within forty (40) hours per work week in accor- dance with Article 8.3., attained step, and at the over- time rate for all hours actually worked in excess of forty (40) hours per work week pursuant to Section 7(a) of the Fair Labor Standards Act. F. Compensation for Rural Carrier Associates and Rural Carrier Relief Employees 1. Compensation for rural carrier associates and rural car- rier relief employees shall be based on the evaluation of the regular or auxiliary route served when they do not work in excess of forty (40) hours per week. When the total actual work hours exceed forty (40) hours per week, compensation shall be on the basis of hours actually worked in accordance with Article 8.3. Com- pensation for work performed in excess of forty (40) hours per week shall be at the overtime rate pursuant to Section 7(a) of the Fair Labor Standards Act. 37 Article 9.2.F.2 2. When serving as an auxiliary assistant, rural carrier associates and rural carrier relief employees shall be compensated for all hours actually worked within forty (40) hours per work week in accordance with Article 8.3., and at the overtime rate for all hours actually worked in excess of forty (40) hours per work week pursuant to Section 7(a) of the Fair Labor Standards Act. G. Equipment Maintenance Allowance 1. General Policy The following provisions will determine the payment of Equipment Maintenance Allowance (EMA), except when a vehicle is provided by the Employer. In such a case, the employee will not be entitled to EMA. 2. Vehicle Equipment Rural carriers shall furnish all necessary vehicle equipment for prompt handling of the mail unless the vehicle is furnished by the Employer. The Employer reserves the right to provide vehicles at its option to any route. For each day on which a carrier or replacement who is required to provide a vehicle receives pay in an active-duty status as a rural carrier, such employee shall be paid for EMA for the day determined from the applicable schedule. 3. Rate of EMA a. The equipment maintenance allowance base rate shall equal forty-eight cents (48.0¢) per mile or major fraction of a mile scheduled per day or $19.20, whichever is greater. b. To meet future price fluctuations in all vehicle operating costs, the EMA rate shall be adjusted pursuant to changes in the Expenditure Category for Private Transportation (Unadjusted index), as issued in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). The adjustment shall be calculated following the 38  Article 9.2.G.5 release of the CPI-W for the months of February, May, August, and November. The CPI-W (Unad- justed) for November 1995 will be the base period for comparison for all changes calculated during the life of this Agreement. c. The EMA change will be calculated by determin- ing the difference between the CPI-W (Unad- justed index) for the Expenditure Category for Private Transportation for the period being reviewed and the November 1995 Expenditure Category for Private Transportation. To determine the EMA rate, multiply the base EMA rate by the CPI-W for Private Transportation (Unadjusted index) for the period being reviewed divided by the CPI-W for November 1995. Round the calcu- lation to the nearest one-half cent and com