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Sunriver Regional Assembly |
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ARTICLE 8 43. No regular employee can be required to work more than 60 hours in a service week. True - See C#06060 National Arbitrator Mittenthal However, the parties have agreed that a 50% penalty will be paid when this provision is violated. 44. If an employee is sent home in the middle of their scheduled day because of the bar against working employees more than 60 hours in a service week, the employee is entitled to be paid for the remainder of their scheduled day. True - See C#07323 National Arbitrator Mittenthal 45. Holiday leave does not count towards the 60 hour cap. False - See M-01 180 and M-01 176 Step 4's 46. Overtime is not authorized if management orders a letter carrier to finish their route even though the employee has informed management the route cannot be done in eight hours. False - See M-00326 Step 4 47. The reference to part-time employees in Article 8, Section 3, applies to the part-time regular employees only. True - See M-00574, November 4, 1971 48. Management may require a temporary schedule change without payment of overtime providing the schedule change is limited to less than one hour. False - See Article 8, Section 4.B. This action, initiated by management was the basis for the Grottom case of several years ago. Note:There is no temporary schedule change at management's request without payment of overtime. If there is a permanent schedule change, it must be posted before the start of the service week it affects or there will be overtime. Note: There is no Wednesday previous posting requirement any more. 49. The Postal Service must award overtime work to individuals on the overtime desired list prior to assigning such overtime work to part-time flexibles. False - See C#06103A National Arbitrator Mittenthal Part-time flexible employees may be worked on straight or overtime prior to the Postal Service being required to utilize the overtime desired list. 50. Full-time regular letter carriers may sign both the regular overtime desired list and the work assignment overtime list. False - See M-00833 Joint Statement on Overtime, June 8, 1988 51. Employees are not permitted to sign the overtime desired list in the middle of a quarter. True - With two exceptions. See M-00621 Step 4. Article 8, Section 5.A., M-00820 Step 4, allows individuals who have been on military leave during the two weeks prior to the quarter to sign when they return to work. Additionally, it should be noted that M-00833 the Joint Statement on Overtime dated June 8, 1988 allows a carrier who bids or transfers between units within an installation during a calendar quarter to sign the overtime desired list in the gaining unit if they were on the overtime desired list in the losing unit. 52. Employees who remove their name from the overtime desired list can be required to work overtime if they have already been scheduled to work it. True - See M-00715 Step 4 53. The work assignment overtime list established on May 28, 1985 creates both a right and an obligation to work overtime on their own assignment on a regularly scheduled day. True- See M-00589 54. A T-6 letter carrier who signs the work assignment list works the overtime on all his/her routes unless the regular on the route is also on the work assignment list. True - See 5/28/85 Memorandum M-00589 55. An employee on the overtime desired list has the option of accepting or declining overtime on any day. False - See C#05860 National Arbitrator Mittenthal 56. Individuals on light and limited duty may not sign the overtime desired list as referred to in Article 8 of the National Agreement. False - See M-00795 Step 4 57. ODL employees must be maximized prior to utilizing casuals. False - C#03246 National Arbitrator Gamser, also see C#00675. 58. The Postal Service may utilize a criteria of who is best qualified to assign overtime. False - See M-00291 Step 4 A full-time letter carrier is considered to be a qualified craft employee and the Postal Service may not assign on the basis of what they deem to be best qualified. 59. In order to determine whether or not overtime is equitably distributed, opportunities are the sole criteria used. False - See M-00370, also C#06364 National Arbitrator Bernstein. 60. Overtime worked by a letter carrier on their own route is not counted as an overtime opportunity for the purpose of administration of the ODL. True - See M-00135 Pre-arb, July 1, 1982 61. Management may not remove an employee's name from the ODL during the quarter. True - See M-858 Step 4 62. Postal management may not seek volunteers to work overtime. False - Joint Statement On Overtime M-833 After complying with Article 8.5. G. management may, but is not required to, seek volunteers in those situations when non-ODL employees are needed to work on other than own assignment or on a non-scheduled day under Article 8.5.D. 63. Reserve carriers and unassigned regulars who are on the work assignment list are available for overtime only if they hold a current opt. False - See M-01232 Step 4 These carriers may work overtime on an assignment for any given day. However, if multiple assignments are worked on the same day, no entitlement exists. 64. Management may require non-ODL carriers to work overtime during route inspections. True - See M-0 1 106 Pre-arb However management may only require non-ODL carriers to work overtime for the purpose of counting mail and/or the day of inspection. 65. Management may not require a non-ODL carrier to work overtime during a one-day count. False - See M-01217 Pre-arb If management accompanies the carrier on the street, management may mandate overtime for this day. 66. Employees who temporarily change their schedule with a Form 3189 are prohibited from working overtime. True - See M-01079, Pre-arb, May 25, 1992 67. An individual called in on their non-scheduled day can negate the Article 8 guarantee by filling out Form 3971 for personal reasons. True - See M-001 19 Step 4 However, an employee may not be scheduled if they are not available to work the entire guarantee. See also M-00879 and M-01210. 68. The term "auxiliary assistance" includes PTFs at the regular overtime rate. True - M-01016, Step 4 69. Management may grant annual leave to a PTF thereby forcing a regular to work mandatory overtime. True - See C#10717, Regular Arbitrator Liebowitz 70. VOMA's may sign the overtime desired list of whatever craft they were in prior to the awarding of the VOMA position. False - See M-00051 Step 4 VOMA's are not eligible to place their names on the overtime desired list. 71. A 204-B working in the city letter carrier craft can voluntarily waive out-of-schedule pay while they are on detail to a higher level assignment and worked outside of their bid schedule. False - See C#00161 National Arbitrator Gamser The only provision for waiving out-of-schedule pay is when the individual assigned to the higher level detail fills out a 3189, which is then signed by both the employee and the Steward. Stewards should not sign the 3189 in these circumstances. 72. 204-Bs cannot be utilized in lieu of a bargaining unit employee for the purpose of bargaining unit overtime. True - See M-00506 Pre-arb An employee detailed to an acting supervisory position cannot perform bargaining unit overtime immediately before or after their detail unless all available bargaining unit employees are utilized. 73. A 204-B may not sign the overtime desired list. False - See M-00747 Step 4 A letter carrier may sign the overtime desired list according to Article 8, Section 5.A., if they are not in a 204-B status during the sign-up period. They may not perform overtime within the letter carrier craft within the beginning and ending times of Form 1723. 74. Part-time regulars' normal work week is five service days and management may not use them six days. False - See M-00358 Step 4 While it is true that the normal work week of a part-time regular is five service days, management may use them for six. 75. There is no contractual obligation to pay out-of-schedule premium to an employee in a training situation. True - See M-00554 Step 4 76. A part-time flexible employee is always guaranteed either two or four hours depending on the size of the installation when they work a split shift. False - See M-00246 Step 4 If the part-time flexible is notified prior to clocking out that they should return within two hours to work a split shift, then no new guarantee would apply. On the other hand, if the part-time flexible employee is told prior to clocking out that they will return after two hours, then the employee will be given their minimum guarantee. Thirdly, if the part-time flexible employee completes their assignment, clocks out and leaves the premises and is then called back, they are guaranteed four hours of work or pay and this guarantee is applicable to any size office. Back to [WSALC] back to Q&A home page |