Recently and it appears increasingly so, that cases are being referred to ADRC on the filling of Clerk Craft residuals where the locals are arguing the provisions of Article 37.5.D. To many times the locals are citing the provisions of Article 37.5.D – when making arguments concerning PSE conversions. Please find attached the latest Q&A dated 3/30/22 which specifically provides:
12. Which language is controlling for the term of the 2021-2024 National Agreement,
the MOU Re: Residual Vacancies - Clerk Craft or Article 37.5.D?
Answer: The MOU Re: Residual Vacancies - Clerk Craft is the controlling document for
the term of the 2021 National Agreement. The Article 37 .5.0 language was placed in the
2015-2018 National Agreement in anticipation of the MOU Re: Residual Vacancies -
Clerk Craft expiring.
The provisions of Article 37.5.D that were negotiated by the Clerk Craft into the craft article are not applicable as long as the MOU on Filling Clerk Craft Residuals has not expired. The additional options negotiated there are not applicable – currently qualified and partially qualified do not apply per the MOU. Based on the MOU PSEs are provided the opportunity to be converted based strictly on their standing on the roll in the installation. The additional options provided in Article 37.5.D.4 is not applicable during the life of the MOU. Based on the provisions of the MOU the deferred conversion when qualifying for the window still remains the same. There currently is no option to for a PSE in training to have an option to remain in training for to state another preference for any new assignments. The MOU on Filling Residuals does not provide this option.
Per the MOU PSEs make a preference/are assigned to a residual vacancy based on their standing on the roll in the installation. The residuals for conversion are based on the ratio and the most recent regular eReassign posting. There appears to be a continued confusion about arguing the provisions of Article 37.5.D when making arguments and some of the negotiated language found there, will enhance the case file – not so. Any questions or concerns, feel free to contact me.
The intent of this email is to clear-up the confusion in the field. Please share with your state/local representatives. Thanks