CIM Section 8.5C

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.