Forced Overtime
Many Post Offices are challenged to complete deliveries of routes/assignments while properly utilizing the overtime provisions of Article 8 of the collective bargaining agreement.
I would like to review the overtime provisions of Article 8 to help clarify when and if Management may force a Letter Carrier not on the overtime desired list to do overtime. First, it is wrongly assumed by some letter Carriers that Management may never require a non-OTDL Carrier to do overtime. Some Carriers wrongly assume that this would automatically violate the National Agreement. This assumption would be wrong. That being said, the provisions of Article 8 of the National Agreement provide that forced overtime of non-OTDL Carriers may only be appropriate under very limited circumstances.
Let’s look at the instances in which non-OTDL Carriers may be mandated to do overtime in accordance with Article 8.
The first instance would be when a non-OTDL carrier is required to do overtime on his/her own assignment on their regularly schedule day. Article 8 allows this under the provisions of a MOU signed December 20, 1988 known as the Letter Carrier paragraph that states; Management does not have to use ODL carriers to provide auxiliary assistance if such an assignment would mean that the ODL Carriers would be working penalty overtime. In that limited situation, if no auxiliary assistance is available without going into penalty overtime – Management can require full-time regular Carriers not on the overtime desired list to work overtime on their own routes on a regularly scheduled day. Remember, this limited exception applies only when a full-time non-ODL Letter Carrier is required to work overtime on his/her own assignment on a regularly scheduled day. Additionally, Management must seek to use part-time flexible/CCAs at the straight-time or regular overtime rate, and available full-time regular employees such as unassigned or reserve regulars at the straight time rate to provide auxiliary assistance before requiring a non-OTDL Carrier to work overtime on his/her own assignment on their regularly scheduled day.
Because CCAs were not part of the language originally written into the MOU which was signed December 20, 1988 known as the Letter Carrier Paragraph, the provisions requiring CCAs to be used as auxiliary assistance when applying the “Letter Carrier Paragraph” was clarified below in the jointly developed USPS/NALC (M-01833) on CCAs questions and Answers:
20. How are CCAs considered when applying the Letter Carrier Paragraph?
CCAs are considered as auxiliary assistance. Accordingly, management must seek to use CCAs at either the straight time or regular overtime rate prior to requiring letter carriers not on the overtime desired list or work assignment list to work overtime on their own route on a regularly schedule day.
Another limited circumstance is when a non-OTDL carrier is required to do overtime on his/her own assignment on their regularly scheduled day is based on the “Rule of Reason”. The above mentioned MOU signed December 20, 1988 known as the Letter Carrier Paragraph that states:
The determination of whether management must use a carrier from the ODL to provide auxiliary assistance must be made on the basis of the “Rule of Reason”. For example, management is not required to use a carrier from the ODL when travel time would be excessive for the amount of assistance being given. This provision many times must be reviewed on a case by case basis. The language is very interpretive and often misapplied by some supervisors. It is best to check with your steward if there is a question or issue on the implementation of “The Rule of Reason” clause. Remember, this rule applies only to when a non-OTDL carrier is required to do overtime on his/her own assignment.
When a non-OTDL carrier is required to do overtime on his/her own assignment on their non-scheduled day or required to work OT off their assignment on their regularly scheduled day, the requirement becomes even more limited. The National Contract / JCAM are clear that management is first required to do the following:
Article 8 Section 5G states: Full-time employees not on the “Overtime Desired “ list may be required to work overtime only if all available employees on the “Overtime Desired” list HAVE WORKED up to twelve hours in a day or sixty hours in a service week. The JCAM states: Before requiring a non-ODL carrier to work overtime on a non-scheduled day off on his/her own assignment, management must seek to use a carrier from ODL, even if the ODL carrier would be working penalty overtime. National Arbitrator Mittenthal ruled on April 11, 1986 that an employee on the ODL does not have the option of accepting or refusing work over eight hours on a non-scheduled day, work over six days in a service week, or overtime on more than four of the five scheduled days in a service week; instead an employee on the ODL must be required to work up to twelve hours in a day or sixty hours in a week before management may require employees not on the ODL to work overtime.
In those circumstances when management has fully utilized the provisions of Article 8.5G, only then may a non-OTDL carrier be required to work overtime. This most often occurs in offices where there are no Carriers on the OTDL or a limited amount of Carriers on the OTDL. In those circumstances where a non-OTDL carrier is required to work overtime oh his/her own assignment on their non-scheduled day or required to work overtime off their assignment on their regularly scheduled day, Article 8.5.D permits management to move off the list and require non-ODL carriers to work overtime on a rotating basis starting with the junior employee. This rotation begins with the junior employee at the beginning of each calendar quarter. Absent an LMOU provision to the contrary, employees who are absent on a regularly scheduled day (e.g. sick leave or annual leave) when it is necessary to use non-ODL employees or overtime will be passed over in the rotation until the next time their name comes up in the regular rotation.
When a non-OTDL carrier is forced to work overtime in situations in their N/S day or off their Assignment, this is done on a rotating basis beginning with the junior employee as described above. This means, for instance, if junior Carrier Jones was required to work overtime on the first day of the quarter, the next time a non-OTDL carrier was required to work overtime in the same quarter; management would be required to go to the closest senior non-OTDL to Carrier Jones to work overtime. Carrier Jones should not be required to work overtime again until the rotation of NON-OTDL carrier completely cycles through from junior to senior Non-OTDL carrier. This requirement is often ignored by some supervisors and if you are a non-OTDL carrier and believe management has violated this requirement you should see your steward. If the instruction is not changed, you should follow the instructions given by the supervisor and then ask the steward to file a grievance if appropriate.
As a footnote to these instances; the JCAM also states that Management may seek non-OTDL volunteers rather than selecting non volunteers on the basis of juniority. Normally, carriers not on the Overtime desired List may not grieve the fact that they were not selected to work overtime.
Lastly, management may try and defend their use of Non-OTDL carriers to do overtime by stating that they have the right to do so because of a window of operation that requires all letter carriers to return back to the office and have delivery of mail performed by a required time of day. The NALC has never accepted an operational window, nor any form of simultaneous scheduling, which requires non-ODL employees to work overtime unless all available employees on the ODL are worked in accordance with Article 8.5.G.
If you are a regular carrier required to work overtime and you are not on the Overtime Desired List, and the supervisor defends their instruction to require you to work overtime because of the window of operation, do not be fooled into thinking that this is a valid reason to ignore the provisions of Article 8. Follow their instructions, and see your shop steward so he/she may investigate and file the appropriate grievance.
