12 Hour Day/60 Hour Week
Lately I have received complaints from the carriers that they have been forced to work long days and long weeks. When I visit some of my shorthanded offices, I find out some are working more than 12 hours in a day and 60 hours in a week. With the summer approaching and offices even more shorthanded due to vacations, carriers need to know their rights about working long days and long weeks.
Article 8.5.G - provides that employees on the Overtime Desired List may be required to work up to 12 hours per day and 60 hours per week. It further provides that the 12/60 hour restrictions do not apply to employees on the Overtime Desired List during the month of December.
Maximum Hours—60 Hour Limit.
National Arbitrator Mittenthal ruled June 9, 1986 (C-06238), that the 12/60-hour limits are absolutes—a full-time employee may neither volunteer nor be required to work beyond those limits. Limitations regarding part-time employees are governed by the ELM Section 432.32 (See Maximum Hours-12 Hour Limit).
On October 19, 1988 the National Parties signed the following Memorandum of Understanding (M-00859):
The parties agree that with the exception of December, full-time employees are prohibited from working more than 12 hours in a single work day or 60 hours within a service week. In those limited instances where this provision is or has been violated and a timely grievance filed, full-time employees will be compensated at an additional premium of 50 percent of the base hourly straight time rate for those hours worked beyond the 12 or 60 hour limitation. The employment of this remedy shall not be construed as an agreement by the parties that the Employer may exceed the 12/60 hour limitation with impunity.
As a means of facilitating the foregoing, the parties agree that excluding December, once a full-time employee reaches 20 hours of overtime within a service week, the employee is no longer available for any additional overtime work. Furthermore, the employee’s tour of duty shall be terminated once he or she reaches the 60th hour of work, in accordance with Arbitrator Mittenthal’s National Level Arbitration Award on this issue, dated September 11, 1987, in case number (C-07323).
The “Work Assignment List.”
The Work Assignment List was established for full-time letter carriers who only want to work overtime on their own assignment on regularly scheduled days. Signing up for the Work Assignment overtime does not create any entitlement or obligation to work overtime on a non-scheduled day.
Full-time letter carriers who sign the Work Assignment List are considered to be available for up to 12 hours per day on regularly scheduled days. However, the Work Assignment Agreement recognizes that it is normally in the parties’ best interests not to require employees to work beyond 10 hours per day, and managers should not require “work assignment” volunteers to work beyond 10 hours “unless there is no equally prompt and efficient way to have the work performed.”
QUESTIONS AND ANSWERS 2011 USPS/NALC NATIONAL AGREEMENT
21. Is there a limit on the number of hours CCAs may be scheduled on a workday?
Yes, CCAs are covered by Section 432.32 of the Employee and Labor Relations Manual, which states: Except as designated in labor agreements for bargaining unit employees or in emergency situations as determined by the PMG (or designee), employees may not be required to work more than 12 hours in 1 service day. In addition, the total hours of daily service, including scheduled work hours, overtime, and mealtime, may not be extended over a period longer than 12 consecutive hours. Postmasters, Postal Inspectors, and exempt employees are excluded from these provisions.
Please be careful on those hot days during the summer months. When you go to work in the morning the plan is to come to work safe, and go home to your families safe, the same way you left for work in the morning. Have a nice summer!
Be safe and keep smiling.
