Section 8.5 NA2019

Section 8.5 Overtime Assignments

When needed, overtime work shall be scheduled among qualified full-time regular employees doing similar work in the work location where the employees regularly work in accordance with the following:

1. Two weeks (i.e., 14 calendar days) prior to the start of each calendar quarter, full-time regular employees desiring to work over- time during that quarter shall place their names on an "Overtime Desired" list. Every full-time regular employee shall have the opportunity to put his/her name on the "Overtime Desired" list, even though he/she may be on leave during the signing up period for that quarter. Newly converted full-time employees, and employees converted, transferred, or reassigned into an installation or into the Mail Handler craft within the installation, or a mail handler who bids or is reassigned during a calendar quarter to a duty assignment in a different facility, in a different section, or on a different tour may place their names on the "Overtime Desired" list within the two weeks (i.e., 14 calendar days) following the date upon which they are converted, transferred, or reassigned to full-time (whether or not the mail handler was on the OTDL for the losing facility, section, or tour). Said placement on the list shall be effective on the next calendar day. Employees on the “Overtime Desired” list from the previous quarter shall have their names automatically placed on the list for the next quarter, and their names shall remain on the list unless they provide the Employer with written notice of their desire to remove their names from the list.

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The first opportunity for all overtime goes to full-time regulars who have signed the Overtime Desired List (OTDL). Overtime is assigned to available, qualified employees on the OTDL prior to using part-time flexibles or casuals on overtime.

Only full-time regular employees may sign the OTDL. Part-time regular, part- time flexible, and MHAs are excluded from signing the OTDL. However, whenever an employee is converted to full-time, or transferred or reassigned into an installation or into the Mail Handler craft within an installation, or whenever a mail handler bids or is reassigned during a calendar quarter to a duty assignment in a different facility, in a different section, or on a different tour, that employee has a one-time opportunity to add his/her name to the OTDL for a period of fourteen (14) calendar days following the date on which he/she was converted, transferred, or reassigned. This rule applies whether or not the mail handler was on the OTDL for the losing facility, section, or tour.

Employees wishing to remain on the “Overtime Desired” list do not have to sign the list every quarter. Once an employee’s name is on the list, it remains on the list until the employee takes action, in writing, to remove it. If that request to remove his/her name is made during other than the two-week sign-up period, the procedures in the fourth Q & A hereunder continue to apply. If the employee thereafter decided to place his/her name back on the “Overtime Desired” list, he/she would need to sign the list during the two weeks prior to the start of a subsequent calendar quarter.

Question: Can employees place their names on the Overtime Desired List at any time besides the two weeks prior to the start of a calendar quarter?

Answer: Yes. Newly converted full-time employees and employees converted, transferred, or reassigned into an installation or into the Mail Handler craft within the installation, or a mail handler that bids or isreassigned during the calendar quarter to a duty assignment in a different facility, in a different section, or on a different tour, may place their names on the “Overtime Desired” list within two weeks (14 calendar days) following the date upon which they are converted, transferred, or reassigned to full time. It does not matter whether the mail handler was on the OTDL for the losing facility, section, or tour. Placement on the list shall be effective on the next calendar day.

Source: 2019 – 2022 National Agreement Questions and Answers, 5/22/2020.

Question: Is an employee who is on light or limited duty permitted to sign the OTDL?

Answer: Yes. The employee will be selected within the normal rotation so long as the work needed falls within his/her medical restrictions. For example, an employee with restrictions of “no lifting over five pounds” would normally not be eligible for overtime work on the outbound docks.

Source: Letter to All Affected Representatives, September, 1987, and Step 4 Grievance H4N-5B-C 9731, dated July 11, 1986.

Question: Is an employee who has been on military leave permitted to sign the OTDL after the start of the calendar quarter?

Answer: Yes. A mail handler on military leave at the time when full-time employees places their names on the OTDL may place his/her name on the OTDL upon return to work.

Source: Step 4 Grievance H4N-1K-C 41588, dated April 8, 1988.

Question: When a mail handler bids during a calendar quarter to a duty assignment on a different tour, may he/she sign the OTDL for the gaining tour?

Answer: Yes, if the mail handler was on the OTDL for the losing tour and the Local Memorandum of Understanding does not provide otherwise.

Source: Step 4 Grievances H1C-1E-C 41245/42949, dated August 7, 1985.

Question: Under what circumstances is a mail handler allowed to remove his/her name from the OTDL during the course of a calendar quarter?

Answer: The mail handler’s request to have his/her name removed from the OTDL should be honored provided that the request is made prior to the date on which the scheduling of overtime that the employee would otherwise be required to work occurs. Furthermore, that employee cannot subsequently place his/her name back on the OTDL for the remainder of that calendar quarter.

Source: Letters NPMHU to USPS, dated May 30, 1989, and USPS to NPMHU, dated June 20, 1989.

Question: May management unilaterally remove an employee’s name from the OTDL if the employee refuses to work overtime when requested?

Answer: No. However, employees on the OTDL are required to work overtime except as provided for in Section 8.5E.

Source: Pre-arbitration Settlement H4N-5K-C 4489, dated September 13, 1988.

2. Lists will be established by section and/or tour in accordance with Article 30, Local Implementation.

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The subject of whether the OTDL is established “by section and/or tour” may be addressed pursuant to the provisions of Article 30 (Section 30.2, Item L.) One of three alternatives may be selected during local implementation:

By section within a tour; or

By tour; or

By section within a tour, and tour.

Note that if the last alternative is selected, management has the right to select employees on the section OTDL who have volunteered to work beyond twelve (12) hours prior to selecting employees from the tour OTDL.

Source: Pre-arbitration Settlement H4M-NA-C 75, dated December 4, 1987.

3. When during the quarter the need for overtime arises, full-time regular employees with the necessary skills having listed their names will be selected in order of their seniority on a rotating basis. Those absent, or on leave shall be passed over. In addition, employees whose guarantee exceeds the overtime requirement shall be passed over (e.g., an employee on a nonscheduled day would not be called in to perform 2 hours of overtime work); un- less such guarantee is modified by the provisions of Section 8.8 concerning early release. Full-time regular employees on the "Overtime Desired" list may be required to work up to twelve (12) hours in a day. In addition, at the discretion of the Employer, "Overtime Desired" list employees may volunteer to work beyond twelve (12) hours in a day.

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When management determines that overtime is needed, the first opportunity for such overtime goes to qualified and available employees possessing the necessary skills who have signed the OTDL. Although not all inclusive, the following examples may be useful in understanding the intent of the parties:

1. 20 mail handlers are needed for two hours overtime, from 3:00p.m.to 5:00 p.m., at the end of Tour II at the BMC. Only ten mail handlers have signed the OTDL and all are available and qualified for the needed work. Under this circumstance, management must assign the ten mail handlers on the OTDL and then may assign ten mail handlers not on the list. If management determines that an additional two hours of overtime for ten mail handlers is needed, from 5:00 p.m. to 7:00 p.m., the ten mail handlers from the OTDL who are working must be assigned that additional overtime. This will not be considered an additional overtime opportunity within the rotation outlined in Section 8.5C.
2. The P&DC has multiple ending timeson Tour II; e.g., 3:00p.m.and 4:00 p.m. 20 mail handlers are needed for two hours overtime at 3:00 p.m. Again, ten available and qualified mail handlers are on the OTDL and management selects an additional ten mail handlers not on the list. At 4:00 p.m., ten more qualified mail handlers on the OTDL become available at the end of their tour. These ten OTDL mail handlers would be kept for one hour of overtime, from 4:00 p.m. to 5:00 p.m., and the ten mail handlers not on the OTDL would be released.

Source: Letter to All Affected Representatives, September, 1987.

The OTDL is applied on a rotational basis, beginning each calendar quarter. Where the employee’s guarantee (see Section 8.8) exceeds the amount of overtime required, the employee may, with the concurrence of the union and the approval of management, waive that guarantee.

Employees on the OTDL are considered to be “available” for overtime if they are on duty at the time that the selection of employees for overtime is made, and if they are eligible to work overtime during the time period in which the overtime work is needed; those absent or on leave are passed over. Note that exceptions to this rule may occur only where provided for in the Local Memorandum of Understanding, in other local agreements, or by past practice.

Source: Step 4 Grievance H7M-4A-C 488/489, dated April 8, 1988.

Normally, employees who are absent or on leave are not required or considered available to work overtime. However, if employees on the OTDL so desire, they may advise their supervisor in writing of their availability to work a nonscheduled day that is in conjunction with or part of a period of approved leave. Source: Step 4 Grievance B90M-1B-C 95062381, dated October 15, 1997.

The Memorandum of Understanding Improper By-Pass Overtime, reprinted at the end of this Article, provides procedures for the settlement of disputes regarding situations in which an employee on the OTDL is bypassed for either another employee on the OTDL or for an employee not on the OTDL.

Employees signing the OTDL may be required to work up to twelve (12) hours in a service day and up to seven (7) days in a service week. Additionally, they may volunteer to work beyond twelve (12) hours in a day. Scheduling of overtime beyond 12 hours should be administered in keeping with the seniority principles of Section 8.5C and in a non-discriminatory manner. A volunteer who works beyond 12 hours is not considered to have exercised another opportunity within the OTDL rotation.

Source: Letter to All Affected Representatives, dated September, 1987; Step 4 Grievance H7M-1F-C 20892, dated January 24, 1990; Pre-arbitration Settlement B90M-1B-C 95006557, dated August 14, 1998.

Question: Is the OTDL used for holiday scheduling?

Answer: No. The OTDL is not used when preparing the holiday schedule required by Article 11 (Section 11.6.) If the need for additional full-time employees to work the holiday is determined subsequent to the posting of the holiday schedule, recourse to the OTDL would be appropriate.

Source: National Arbitration Award H8C-5D-C 14577, Arbitrator R. Mittenthal, dated April 15, 1983.

Question: Is an employee entitled to work their duty assignment when called in to work on their nonscheduled day?

Answer: No. There is no entitlement of an employee to work their duty assignment on a day which is not one of the five (5) regular work days specified for that particular duty assignment, unless currently-existing language in the Local

Memorandum of Understanding provides otherwise.

Source: Step 4 Grievance A8-N-0003, dated July 19, 1978.

One purpose of the OTDL is to excuse full-time employees not wishing to work overtime from having to work overtime. However, if the OTDL does not provide sufficient qualified full-time regulars for required overtime, then the provisions of Section 8.5D, discussed below, permit management to require other employees to work overtime to the extent needed.

4. If the voluntary "Overtime Desired" list does not provide sufficient available and qualified people, the Employer shall assign other employees to the extent needed. When assigning such employees, the Employer shall first utilize qualified and available full-time employees, in order of seniority, who have volunteered to work the required overtime after their scheduled tour for that day only or who have volunteered to work their nonscheduled day(s). Employees shall volunteer for overtime assignments after their scheduled tour for that day only by signing their name and indicating their seniority date, within the first two (2) hours of their scheduled tour of duty, on a daily "Full-Time Volunteer" list maintained in each work section on the workroom floor. The daily "Full-Time Volunteer" list shall be applied in a manner consistent with the application of the "Overtime Desired" list within the installation. Employees shall volunteer for overtime assignments on their nonscheduled days by signing their name and indicating their nonscheduled days and their seniority date on a Full-Time Volunteer list that is posted in each work section at the beginning of the service week (i.e., on Saturday) and must be signed by Tuesday of the service week prior to that being volunteered for. Such full-time employee volunteers shall work the re- quired overtime, as directed by management. The Employer shall have the discretion to limit these volunteer employees from working beyond ten (10) hours in a day. There shall not be any penalty for errors by the Employer in applying either of these "Full-Time Volunteer" lists. If additional employees are still needed after application of the above, the Employer shall assign other employees as needed. To the extent practicable, an effort will be made to schedule available (on duty at the time that the selection of employees for overtime is made) and qualified Mail Handler Assistants and/or part-time flexible employees for such work prior to requiring full-time employees not on the "Overtime Desired" list or "Full-Time Volunteer" lists to work such overtime. If qualified full-time regular employees not on the "Overtime Desired" list or either of the volunteer lists are required to work overtime, it shall be on a rotating basis with the first opportunity assigned to the junior employee.

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If the OTDL does not provide sufficient employees to work the needed overtime, management may utilize other employees to accomplish the work needed within the “operational window.” For example, if management determines that the need exists for 20 mail handlers to work two hours overtime and only ten are available from the OTDL, management may assign other mail handlers as required to meet the two-hour operational requirement. In such cases, management must first utilize the Full-time Volunteer Lists (FTVL) posted in each section on the workroom floor.

Full-time regular employees who are not on the OTDL may sign the Daily FTVL during the first two (2) hours of their tour of duty on each scheduled work day. The Daily FTVL is utilized if the OTDL does not provide sufficient employees to work overtime after the tour of duty on a particular day. It does not carry over from one day to the next. The Daily FTVL is applied in the same fashion as the OTDL. If the OTDL is established by section, the Daily FTVL is applied by section. If the OTDL is established by section and tour, the Daily FTVL is first applied in each section and then merged to create a tour-wide list for that particular day.

The Nonscheduled Day (NSD) FTVL applies to overtime needed on an employee’s nonscheduled day(s). Full-time regular employees not on the OTDL may sign the NSD FTVL by the Tuesday of the service week prior to that in which the overtime will be worked. (The sign-up sheet is posted in all work sections each Saturday.)

Employees who sign the FTVLs are required to work the overtime as directed by management. Employees are selected from the FTVLs in order of seniority, without any rotation. Such employees may be limited to working no more than ten (10) hours in a day. There is no penalty for errors in the application of either of the FTVLs.

If additional employees are needed to work the overtime after the FTVL is exhausted, management may assign other employees. Every effort should be made to first assign available and qualified Mail Handler Assistants and/or part- time flexible employees prior to assigning full-time regulars not on any of the lists.

Source: Letter to All Affected Representatives, dated September 1987, and Step 4 Grievances H7M-4K-C 23326 et al., dated June 1, 1992.

Qualified MHAs also should be included when assigning overtime prior to assigning full-time mail handlers who are not on the overtime desired lists.

If management determines that it is necessary to assign full-time regular employees not on the OTDL or the FTVL, such employees shall be assigned on a rotating basis starting with the junior employee. The juniority rotation of employees not on the OTDL begins anew each calendar quarter, concurrent with the revisions to the OTDL.

Source: Pre-arbitration Settlement H1M-2F-C 18272, dated August 14, 1985.

5. Exceptions to .5C and .5D above if requested by the employee may be approved by local management in exceptional cases based on equity (e.g., anniversaries, birthdays, illness, deaths).

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This language is intended to serve as a guideline for local management when considering excusing individual employees from overtime work because of "exceptional" situations.

Consequently, the four examples listed in the parentheses are merely illustrative of the kinds of situations in which management should give full consideration to excusing an employee(s) from overtime. However, as Arbitrator Sylvester Garrett has held in National Award NC-C 7933, dated January 8, 1979, Section 8.5E "reflects an intent to confer relatively broad discretion on local management to excuse employees from overtime work for any one of a number of legitimate reasons 'based on equity'."

In denying a grievance which challenged the use of Form 3971 when an employee sought to be excused from scheduled overtime due to illness, Arbitrator R. Bloch ruled:

The use of the form in question in these particular circumstances does not fall squarely within the purpose for which the form was designed. From a purely technical standpoint, the employee is not requesting sick leave when he or she leaves, unexpectedly, from an overtime assignment. . . But neither may it be said that the use of the form for record keeping purposes is either unreasonable or prohibited by the labor agreement.

Source: National Arbitration Award H1M-3W-C 29228, Arbitrator R. Bloch, dated September 5, 1985.

6. Excluding December, only in an emergency situation will a full- time regular employee not on the "Overtime Desired" list be re- quired to work over ten (10) hours in a day or over six (6) days in a week.

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The limitations set forth in this section apply to full-time regular employees who are not on the OTDL.

Source: Step 4 Grievance H4M-3U-C 6982, dated May 30, 1986.

The month of December and emergency situations are the only exceptions to the work hour limits provided by this section for full-time regular employees not on the OTDL.

Both work and paid leave hours are "work" for the purposes of administration of Section 8.5F.

[See Memos, pages 147-148]

MEMORANDUM OF UNDERSTANDING

- IMPROPER BY-PASS OVERTIME

1. When, for any reason, an employee on the "Overtime Desired" list who has the necessary skills and who is available is improperly passed over and another employee on the list is selected for overtime work out of rotation, the following shall apply:
1. An employee who was passed over shall, within ninety (90) days of the date the error is discovered, be given a similar make-up overtime opportunity for which he/she has the necessary skills.
2. Should no similar make-up overtime opportunity present it- self within ninety (90) days subsequent to the discovery of the missed opportunity, the employee who was passed over shall be compensated at the overtime rate for a period equal to the opportunity missed.
2. When, for any reason, an employee on the "Overtime Desired" list who has the necessary skills and who is available is improperly passed over and another employee not on the list is selected for overtime work, the employee who was passed over shall be paid for an equal number of hours at the overtime rate for the opportunity missed.
3. When a question arises as to the proper administration of the "Overtime Desired" list at the local level, a Mail Handler steward may have access to appropriate overtime records.