Working off the Clock
I find it hard to believe that after Route Count and Inspections where assignments have been lost or routes have been given additional street time, or have not gone through any adjustments and I get phone calls from Letter Carriers telling me that a Letter Carrier is working off the clock. Usually, the carrier was observed by another carrier working prior to their begin tour or after their end tour. When this happens typically, the Supervisor turns a blind eye toward the incident.
The National Contract has language in it that specifically states Management should not allow employees to work off the clock; this includes allowing employees to work through their breaks. The National Agreement states in part:
K. Supervisors shall not require, nor permit, employees to work off the clock.
Rest Breaks. National Arbitrator Britton ruled that the Postal Service must ensure that all employees stop working during office break. Contractual breaks must be observed and cannot be waived by employees. (H4N-3D-C9419, December 22, 2=1988, C-08555)
In some instances, however, these rights are being violated. Either Management is allowing carriers to work off the clock (thereby receiving no pay for work performed) or carriers are volunteering to do it. IN EITHER CASE IT IS WRONG.
This situation is simple to correct- file a grievance. Any carrier willfully performing work without being paid is not only violating the National Contract, but they are also hurting their fellow carriers by working for free. Why work for free when you should get paid for the work?
When every Letter Carrier works off the clock several adverse situations occur. First when a carrier works off the clock the time is not recorded as time worked for the assignment/ route and such information will not in all probability be able to properly adjust the route. In essence the carrier who works off the clock has successfully taken time away from the route that cannot be accounted for. This not only hurts the carrier assigned to the route but the overall office as well. This also includes potential Carriers (Part Time Flexibles PTF’S and City Carrier Assistants CCA’s) wishing to become Full Time or Career.
Second when a carrier works off the clock it may deprive other carrier’s (PTF’s or CCA’s) of an 8-hour day/ 40-hour week and possible overtime. This occurs because the hours a carrier works off the clock do not get recorded as Work Hours and less assistance is used in the office. When less assistance is used in an office then actually needed more auxiliary assistance is available thus fewer hours are available for the Overtime Desired List (ODL) or Work Assignment Carriers. In addition to that, carrier who work off the clock may actually contribute to more pivoting either in the office or street due to work may be being done on a route off the clock that prevents the route from having an 8-hour day. This may force a carrier in a route to have insufficient work on their assignment for an 8-hour day consequently making them have to work on another assignment to make an 8-hour day.
Lastly any carrier who works off the clock discredits the hard work other carriers because it will appear that they have a better performance than the regular carriers who do not undermine the wages and work rules.
Wages and work rules are negotiated by the Union. They are agreed to by the employer, the United States Postal Service. No one should violate these rules. Shop Stewards must enforce the contract, but it is everyone’s responsibility to protect these rules. If you are working off the clock STOP IT NOW! Any carrier who knows of another carrier working off the clock should inform their Steward. The Shop Steward in turn should inform the Supervisor. The Supervisor needs to follow the National Contract and file a grievance in accordance to Article 41.3K to stop the carrier(s) from working off the clock. Those who are still working off the clock can expect this action if they do not stop after a successful grievance has been filed. As stated above, your Supervisor will attempt to discipline you so heed my warnings. I want to take a moment and wish everyone a safe summer and protect yourself from the sun with sunscreen, drink plenty of water to stay well hydrated and don’t forget to wear sunglasses to protect your eyes. 😎