Veteran's Preference and the USPS

This Memorandum was sent to the House Committee on Oversight and Government Reform.

Memorandum                                                                           September 21, 2007

TO: House Committee on Oversight and Government Reform

Attention: Denise Wilson

FROM:

Specialist in Social Policy

Domestic Social Policy Division

SUBJECT:

This
memorandum is in response to your request for information on veterans
preference and the U.S. Postal Service (USPS). Specifically, you asked
the following questions:

• Does veterans preference come into play when a USPS employee requests light duty or limited duty?

• Does
  veterans preference come into play when the USPS closes a mail facility
  (i.e. do veterans get treated differently than other employees when it
  comes to receiving new job assignments)?

This
memorandum provides a general description of veterans preference for
federal government employment followed by the answers to your specific
questions. If you require additional information, please contact me at
extension 7-7366.

Veterans preference for federal government employment

Under
federal law, an honorably discharged veteran who has served on active
duty in the armed forces meeting the duty period and length of service
requirements defined in 5 U.S.C. $2108 is considered a preference
eligible. As a preference eligible, the veteran receives additional
points (above the individual's earned rating) under 5 U.S.C. $3309 for
appointment in the competitive service.' Preference eligibles also have
special considerations in reductions in force, as federal law (5 U.S.C.
$3502) requires the Office of Personnel Management (OPM) to establish
regulations for a reduction in force that reflect military preference.
Under OPM regulations (5 CFR Part 35 I), for a competitive area (as
defined by the agency), the order of retention for employees in
competitive service is based on tenure of employment, veterans
preference, length of service, and performance. In addition to being a
factor in the order of retention, veterans preference also has an
impact on length of service as active duty military service is
generally included in computing length of service. Similar regulations
exist for excepted federal service employment. In addition, 5 U.S.C.
§3502(b) states that a preference eligible disabled veteran with a
compensable service-connected disability of 30% or more who has a
performance rating that is not unacceptable is entitled to be retained
in preference to other competing employees.

'
Federal law governing the USPS (39 U.S.C. §1005(a)(2)) requires the
USPS to provide veterans preference for appointment to USPS employment
in the same manner as provided in the competitive service.

Does veterans preference come into play when a USPS employee requests light duty or limited duty?

Veterans
preference is not a factor that is considered in requests for light or
limited duty. Light and limited duty requests are determined based on
the collective bargaining agreements, the Federal Employee Compensation
Act (FECA), or Workers' Compensation program laws as appropriate, none
of which provide for veterans preference.

Does
veterans preference come into play when the USPS closes a mail facility
(i.e. do veterans get treated differently than other employees when it
comes to receiving new job assignments)?

The impact of closing a mail facility on employees will depend upon whether the employee is a member
of a bargaining unit with a collective bargaining agreement with the
USPS. For non-bargaining unit employees, the USPS would follow the OPM
regulations for a reduction in force (5 CFR Part 35 1).

The
collective bargaining agreements contain provisions (generally Article
12 of the agreements) that permit the involuntary reassignment of
career bargaining unit employees when a facility is downsized. The
provisions for involuntary reassignment of career bargaining unit
employees do not reflect a veterans preference. According to the USPS,
these provisions have been used on a regular basis.

As
part of the collective bargaining unit agreements, the USPS and the
unions have a memorandum of understanding (MOU) that career bargaining
unit employees at the USPS on a specific date (generally the date of
the agreement) are protected against an involuntary layoff or reduction
in force (RIF) during the term of the collective bargaining agreement
(contract). Therefore, only recently hired (after the date specified in
the MOU) bargaining unit employees are not protected from an
involuntary layoff or RIF.

The recently hired career bargaining unit (or "non-protected") employees may be subject to an involuntary layoff or

The
collective bargaining agreements outline the provisions for bargaining
unit employees related to an involuntary layoff or RIF (generally
Article 6 of the agreements). According to the USPS, these provisions have not been used. The order of the provisions is:

• Minimize overtime to the extent possible within the craft, seniority group, and installation.

• Reduce casual (temporary) employment to the fullest extent possible within the craft and installation.

• Minimize part-time flexible career work hours to the extent possible within the craft, seniority group, and installation.

• Place
  impacted employees in vacant assignments within the installation (or
  the local commuting area) not less than 20 days prior to the layoff or
  RIF. If there are not enough vacant assignments, proceed to a layoff or
  RIF.

• Layoff remaining non-protected, non-preference eligible employees.

• RIF
  non-protected preference eligible employees. If there are protected
  non-preference eligible employees, do not proceed to a RIF because a
  preference eligible employee may not be released prior to release of
  all non-preference eligible employees.

RIF. For these employees, non-preference eligibles are subject to layoff and preference eligibles are subject to RTF.Veterans preference and the U.S. Postal Service

Christine Scott