1. EAS INVOLUNTARY REASSIGNMENTS? WHAT IS AND IS NOT AND INVOLUNTARY REASSIGNMENT?

2. USPS April 2011 Western Great Lakes Eastern Northeast Capital Metro Southwest Northeast Pacific

3. DISCUSSION AND EXAMPLES Scenario #1: EAS instructed to come in 2 hours early the next day

4. DISCUSSION AND EXAMPLES Scenario #2: EAS instructed to take Tuesday off on Monday

5. ELM-434.7 Nonbargaining Rescheduling Premium  434.72 Eligibility All nonexempt full-time nonbargaining unit employees grade 18 and below are eligible for nonbargaining rescheduling premium. Full-time nonexempt postmasters and officers in charge, however, are only eligible when their schedule is changed because their relief is not available to work the sixth day (see 432.34). HOWEVER? 432.34

6. ELM-434.7 Nonbargaining Rescheduling Premium  434.71 Policy Nonbargaining rescheduling premium is paid to eligible nonbargaining unit employees for time actually worked outside of and instead of their regularly scheduled workweek when less than 4 calendar days notice of the schedule change is given. It is not paid beyond the 4th calendar day after the notice of schedule change is given. Neither is it paid when the assignment is made to accommodate an employee’s request.

7. ELM-519.733 Nonbargaining  519.733, Direct to Work States: When exempt employees are directed to work a full day on a holiday or other full day in addition to normal workdays, the supervisor may grant a full day of personal absence without charging it to official leave

8. DISCUSSION AND EXAMPLES Scenario #3: EAS instructed on Monday to report to different station on Tuesday

9. DISCUSSION AND EXAMPLES Scenario #4: EAS agrees to move from current tour/hours and now wants to return to previous tour/hours

10. DISCUSSION AND EXAMPLES Scenario #5: EAS on tour 3 instructed to come on tour 1 with no 1723 made

11. “CONSTRUCTED” Involuntary Reassignment,with no operational bases, circumventing agreements between USPS/NAPS Consultative Process, Title 39 and possible violations within Title 7-EEOC

12. DISCUSSION AND EXAMPLES Scenario #6: EAS arbitrarily move from assigned hours without any explanation, no beginning or ending date

13. “CONSTRUCTED” Involuntary Reassignment, with no operational bases, circumventing agreements between USPS/NAPS Consultative Process, Title 39 and possible violations within Title 7-EEOC

14. DISCUSSION AND EXAMPLES Scenario #7: EAS is on FMLA, receives letter at home informing them to report to another duty station or tour without any explanation, no beginning or ending date

15. “CONSTRUCTED” Involuntary Reassignment,with no operational bases, circumventing agreements between USPS/NAPS Consultative Process, Title 39 and possible violations within Title 7-EEOC

16. From the F-21-313 FLSA Exempt Procedures 313.1  FLSA exempt EAS employees are subject to special procedures regarding  how leave can be charged as they are paid on a salary basis. That is, they  receive a fixed salary for the week, regardless of the number of hours worked  or the quality of the work performed. However, the following stipulations  apply:  a. They may be charged with annual leave, sick leave, LWOP, or AWOL,  or any combination thereof, when they are absent from work for 1 or  more full days.  b. They cannot be charged with annual leave, sick leave, LWOP, or AWOL  on any service day in which they have work hours, court leave, military  leave, holiday leave, administrative leave, continuation of pay, or  injury-on-duty leave..

17. From the F-21  313.2 Nonbargaining exempt employees may be granted a personal absence  during a service day of up to, but not to exceed, 4 hours without charging  such absence to official leave. Exempt employees desiring time off from  work for more than 4 hours must not report for work on that day and must  take a full day of official leave  313.3 When an exempt employee is directed to work a full day on a holiday or other  full day in addition to normal workdays, the supervisor may grant a full day of  personal absence without charging it to official leave.  313.4 When an emergency occurs after an employee's arrival at work, personal  absence of greater than 4 hours may be granted.

18. From the ELM  519.72 Policy  Nonbargaining unit exempt employees are paid on a salary basis. This means that under the FLSA they are not considered to be hourly rate employees. Therefore, partial day absences are paid the same as work time.  519.72  While exempt employees are expected to work a full day, they may request time off to attend to personal matters during the workday, including time off due to conditions covered by FMLA. If approved, the time off is “personal absence time” and is not charged to annual leave, sick leave, or LWOP. However: 519.732 Partial–Day Absences

19. DISCUSSION AND EXAMPLES Scenario #8: How will DUO’s and consolidations affect EAS? Who goes who stays? Involuntary or not? Prior Job Posting. Position of record?

20. DISCUSSION WHAT ARE THE 4 FACTORS BEFORE A REASSIGNMENT?

21. MEGAN J. BRENNAN AUGUST 24, 2012 1. MANAGEMENT MUST FOCUS ON THEIR INTENDED PURPOSE WHEN MAKING SUCH AN ASSIGNMENT, AND MUST INFORM THE AFFECTED EMPLOYEE OF THE NATURE OF THE ASSIGNMENT, THE RATIONALE FOR THE ASSIGNMENT, THE INTENDED OBJECTIVE, AND THE ANTICIPATED DURATION OF THE ASSIGNMENT 2. THE EMPLOYEE MUST BE AFFORDED AN OPPORTUNITY TO DISCUSS POSSIBLE MODIFICATIONS OF THE ASSIGNMENT, AND THE EMPLOYEE’S INPUT MUST BE CONSIDERED IN MAKING THE FINAL DETERMINATION.

22. MEGAN J. BRENNAN AUGUST 24, 2012 3. WHEN POSSIBLE, SUFFICIENT LEAD TIME MUST BE PROVIDED TO MINIMIZE DISRUPTION TO THE EMPLOYEE AND POSTAL OPERATIONS. 4. IF THE EMPLOYEE CHOOSES, LOCAL MANAGEMENT ASSOCIATION REPRESENTATIVES SHOULD BE ADVISED OF THE ASSIGNMENT’S NATURE, PURPOSE AND DURATION.

23. Doug A. Tulino: Payment of FLSA Special Exempt Employees, April 12, 2012

24. “CONSTRUCTED” Involuntary Reassignment,with no operational bases, circumventing agreements between USPS/NAPS Consultative Process, Title 39 and possible violations within Title 7-EEOC

25. RECOURSE AND WHAT DIRECTION DO WE TAKE IS THE ASSIGNMENT OPERATIONALLY BASED OR A ACTUAL TRAINING ASSIGNMENT NOTIFY YOUR NAPS OFFICERS!

26. HOLD THOSE ACCOUNTABLE! WHO HOLD YOU ACCOUNTABLE!

27. QUIZ/QUESTIONS?