Out-of-Schedule Pay
When either the carrier requests a temporary change in start time or management changes the carrier’s start time, the question becomes, how much should the carrier be paid for this schedule change.
Carriers may request and complete PS Form 3189, “Request for Temporary Schedule Change for Personal Convenience”: The request is for the personal convenience of the employee, not management. The employee completes the PS Form 3189, and the shop steward countersigns the form agreeing with the change; the form is then submitted to management. There is no out-of-schedule premium pay, the employee works an eight-hour day.
Out of schedule premium pay versus overtime pay: The rate of pay is the same either way – one and a half time the straight time rate. The difference is in its significance to Article 8 of the National Agreement. Out of schedule premium hours are not overtime hours and therefore are not counted or considered in determining equitability among carriers on the Overtime Desired List.
Provisions of the ELM, Section 434.6 provide that out of schedule premium is paid to eligible full-time bargaining unit employees for time worked outside of and instead of their regularly scheduled work day or work week when employees work on a temporary schedule at the request of management.
Payment of out of schedule premium is dependent on timely notice being given by management of the temporary schedule. If notice of temporary change is given to any employee by Wednesday of the preceding service week, even if revised later, the employee’s time can be limited to the hours of the revised schedule; and out of schedule premium is paid for those hours worked outside of and instead of his/her regular schedule.
If notice of a temporary schedule change is not given to an employee by Wednesday of the preceding service week, the employee is entitled to work his/her regular schedule. Therefore, any hours worked, in addition to the employee’s regular schedule, are not worked instead of his/her regular schedule. The additional hours worked are not considered as out-of- schedule premium hours. Instead, they are paid as overtime hours worked, of more than eight hours per service day or forty hours per service week.
Out of schedule premium hours cannot exceed the unworked portion of the employee’s regular schedule. If employees work their full regular schedule, then any additional hours worked are not, instead of, their regular schedule and are not considered as out of schedule premium hours. Any hours worked that result in paid hours of more than eight hours per service day or forty hours per service week are to be recorded as overtime.
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