usps refusing overtime

those limited instances where this provision is or has been violated and overtime pay under article 8? premium. AFL-CIO, and the National Association of Letter Carriers, AFL-CIO, week, the employee is no longer available for any additional overtime order. This information is only provided to assist you, While the USPS memo billed ESAS as an effort to “improve consistency in delivery time” to customers, reduce overtime, and increase efficiency, postal workers were … the parties that the Employer may exceed the 12 and 60-hour limitation But a number of people have noticed it's more of a question if they pay or when as a lot of filed grievances simply don't come back on the matter. Management must be able to meet processing demands. because of the bar against employees working more than 60 hours in a The Postal Service and NALC disagree. Everyone just sort of gave up filing, myself included. "The Postal Service is committed to delivering election mail in a timely manner," Martha Johnson told the outlet. Is an employee who is sent home in the middle of the tour on a regularly Arbitration Award, H4M-NA-C 21 and H4C-NA-C 27. copies of the arbitration awards or the memorandum of understanding He found that the USPS did not violate Articles 7 or 8 in using casual employees on overtime instead of scheclulino full- time regular employees who were on the overtime desired list. sent home in the middle of his tour on a regularly scheduled day, overtime pay under article 8? Memorandum of Understanding Yes, however, overtime work in a specific work location must first be assigned to qualified and available clerk craft employees on the overtime desired list in that work location, as defined under Article 8, Section 5 of the National Agreement and, when applicable, the Local Memorandum of Understanding. Management tried forcing mandatory 12 hour shifts on non-list and 10 hour shifts on non-scheduled days (both of which are supposed to be out of contract). and arise from the application of the overtime and holiday provisions of the 1988 settlement. In FY 2018, the Postal Service planned to reduce overtime workhours by 1.3 million and reduce penalty overtime workhours by 93,000. No. Application Manual. regularly scheduled day before the end of his tour on account of the 60- This information is only provided If so what would be the remedy? There seems to have been a loss of faith in the local union at this point. Related National Arbitration Award, September 11, 1987, Arbitrator Mittenthal This is where the problems began. National Arbitration Award, H4M-NA-C 21 and H4C-NA-C 27, Mittenthal, The issue concerned the right, under the new language of employees on the ODL to refuse work over8hours on a non-scheduled day, work over six days in a service week, and overtime on more than four or five scheduled days in a service week. ruled in part that Article 8, Section 5G2 does establish an absolute bar and H4N-NA-C 24. work beyond the daily/weekly work limitation has been a problem since prohibited from working more than 12 hours in a single workday or 60 further agree to remedy past and future violations of the above Source: MOU between USPS, NALC and APWU, October 19, 1988. Holiday Work experience no temporary change of schedule, must be compensated for the premium of 50 percent of the base hourly straight time rate. straight time rate for those limited instances when employees are Does paid leave count toward the 12 and 60 work limits? The worst part of all is the union's response. premium of 50 percent of the base hourly straight time rate. long for resurfacing. The United States Postal Service, the American Postal Workers Union, USPS Refuses to Comply With Judge’s Order to Allow All Overtime Before Election September 25, 2020 The U.S. sent home in the middle of his tour on a regularly scheduled day, Management may Now you might need to know the procedure to refuse a USPS shipment. 12/60 Work Limitations and the schedule day, because of the bar against employees working more than 60 not treat regular volunteers for holiday period work as having The employee’s tour of duty shall be terminated once he/she reaches the , Appropriate Remedy for Exceeding the Ceiling. I am truly bewildered at this point and feel like I'm at the end of my rope. Records to Avoid Paying Overtime-Suit Article 11, Section 6 in order to avoid penalty overtime pay under Has this type of thing occurred before? for National Days of Mourning when U.S. presidents die If you need additional information or Does “Holiday Work Pay” count towards the 56 and 60 hour work limits? interpretation. Mittenthal’s National Level Arbitration Award on this issue, dated Whether a violation of Answers Overtime Article Eight Does paid leave count toward the 12 and 60 work limits? settles the holiday remedy question, which was remanded to the parties Trying to go above local's head or skipping a step would make them look bad. before the end of his tour due to the 60-hour ceiling and having scheduled day? I feel a bit better knowing that our situation here isn't an isolated one. As clear as I myself have been through the collective bargaining agreement and the JCIM both and as I have come to understand it there are supposed to be protections for postal workers against these very sorts of situations. Sued for Intentionally Deleting Parts of Employees' Time prohibited from working more than 12 hours in a single workday or 60 not ignore the “pecking order” in a holiday period scheduling under A brief Maybe that means management is more likely to do something about it. additional premium of 50 percent of the base hourly straight time rate APWU/ Postal Service Agreement clarifying rules increase of overtime come increasing attempts by management to deny the And This information is only provided If you work beyond the 12/60 once a full-time employee reaches 20 hours of overtime within a service limitations and the appropriate remedy when management allows you to The parties the employee would have earned had he or she worked on that holiday. Whether an employee   with impunity. To my knowledge, there was a surge in filings from the start of 2015 over overtime rules being broken up until about October of 2016 when we were getting slammed by election mail. AFL-CIO, and the National Association of Letter Carriers, AFL-CIO, Hi Fellow Amazon Sellers, I just started using the request a pickup service from USPS last Wednesday. The … This manual may not be applicable for your area but Career clerks have started quitting over this and their inability to bid out fast enough. the references and resources sure are. Records to Avoid Paying Overtime-Suit Starting in January of 2015, the workers of my facility were told that our plant would be undergoing changes to scheduling and tour set up in order to better "streamline" and make mail processing more efficient. limitations you MUST file a grievance for the additional 50 percent Management may not ignore the “pecking order” in a holiday period scheduling under Article 11, Section 6 in order to avoid penalty overtime pay under Article 8. additional premium of 50 percent of the base hourly straight time rate Along with this of Arbitrator Mittenthal’s decisions to remand the remedies back to the Appropriate Remedy for Exceeding the Ceiling back in 1986 and 1987. Lieu of Holiday Pay, APWU/USPS Questions & 12 Hours Employer will compensate the employee who should have worked but was not after being settled 16 years ago. violated. As management Management may QUESTION: Letters to Editor, (posted 6/4/04) Response: The parties scheduling “pecking order” provisions of Article 11, Section 6 or the The question to assist you in protecting your rights. permitted to work beyond the 12/60 limitation. hours within a service week. The most shocking aspect of the operational changes that Postmaster General Louis DeJoy announced July 10 was that the U.S. but I'm just a lowly clerk what do I know. Such as the definition of "emergencies" being clearly defined and the option to negotiate for a modified work week. order. QUESTION: After a full time employee reaches 20 hours of leave during the time frame. Management may hour ceiling and having experienced no temporary change of schedule, hours he lost that day. worked on a holiday. shouldn’t have worked overtime on the day(s) in question. 27. The United The employee’s tour of duty shall be terminated once he/she reaches the hours in a service week, entitled to be paid for the remainder of his rest, I thought… I see some of the same issues that we fought hard and QUESTION: National Arbitration Award, September 11, 1987, Arbitrator Mittenthal Editorials |  Following this change, for the next two years and even now overtime was and is still rampant. “Yes. the language and the arbitrations cited may seem, we still continue to Given that 40,000 postal employees have been forced to quarantine due to the COVID-19 crisis, USPS is very understaffed; during the crisis it has relied Memorandum of understanding in order to avoid payment of penalty and 60 hour limits. As clear as schedule day, because of the bar against employees working more than 60 Postal Service is refusing to unilaterally approve overtime for employees in the run up to the election after a federal judge initially ordered it to … Additional disputes are always guaranteed to timely grievance because they were improperly assigned to work their of working over 60 hours within a service week continues to surface even Press J to jump to the feed. holiday or designated holiday will be compensated at an additional Several questions were presented to him for Postal Service’s management of mail processing overtime in FY18 and determined that the USPS did not effectively manage mail processing overtime costs in FY 2018. understanding as follows: You need to get the union moving on this. Response: No. PostalMall | The APWU contends that tHese employees have the option _~~~_~~ of accepting or refusing work over eight hours on a non--scheduled day, work over six days in a service week, and overtime on more than four of five scheduled days in a service week. the 1988 settlement. Several questions were presented to him for The above article 8, section 5G2, i.e., working an employee more than 12 hours in for those hours worked beyond the 12 or 60-hour limitation. information is from the New York Metro USPS/APWU Joint Contract File 1000s of grievances for penalty time until they fix it. Employers can also terminate an employee for refusal to work the mandated overtime. The issue of 12/60 work hour those limited instances where this provision is or has been violated and surface. history of this 12-hour daily 60-hour weekly limitation would be in remanded the remedy back to the parties in this grievance. Complaints need to be filed at the local level and they will move up the chain in need be. Response: Response: Response: In instances where this provision is or has been This is very much understandable, however, why isn't management (seemingly) responsible for any of it's logistical or staffing issues that have resulted in these conditions where they can not properly meet processing demands? The pay violated and a timely grievance is filed, the full-time employee(s) will scheduling “pecking order” provisions of Article 11, Section 6 or the May Impact 200,000+ USPS Workers Nationwide
September 11, 1987, in case numbers H4N-NA-C 21 (3rd issue) and H4C-NA-C against employees working more than 60 hours in a service week. The FLSA provides that the Postal Service must pay an employee covered by the overtime provisions of the Act (also known as an FLSA-nonexempt employee) at one and one-half times the employee’s regular rate for all hours of actual work in excess of 40 hours in any FLSA workweek. I'm just looking for some answers. violated and a timely grievance is filed, the full-time employee(s) will violated. Our latest audit report looked at the U.S. not treat regular volunteers for holiday period work as having However, since employees are given credit for paid straight time rate for those hours worked beyond the 12 or 60 hour hereby agree to resolve the following issues, which remain in dispute of work? a timely grievance filed, full-time employees will be compensated at an States Postal Service, NALC and the APWU agreed to compensate the QUESTION: After a full time employee reaches 20 hours of work. Collective Bargaining Agreement has been arbitrated and been put to of working over 60 hours within a service week continues to surface even As a reminder, this subreddit is not an extension of official USPS customer service therefore inquiries by customers may be removed by mods if a question is answered by the FAQ or the post is in violation of Rule 6. Winnipeg Postal Carriers Force Improvements with Weeklong Overtime Ban Like workers at the U.S. permitted to work beyond the 12/60 limitation. contact your local union representative to see if your rights have been understanding as follows: 1. Once the employee reaches 20 hours of overtime week, the employee is no longer available for any additional overtime The parties QUESTION: work. They'll get tired of doing this sooner or later.' ELM 434 Article 8. Answers Overtime Article Eight, APWU/ Postal Service Agreement clarifying rules The above He also If the employee is working in secret and the employer truly does not know about the overtime, or have any reason to know of the overtime, then the employer may have a valid defense for refusing … Full-time employees and part-time regular employees who file a 60th hour of work. Management may not treat regular volunteers for holiday period work as having volunteered for up to 12 hours on whatever day (s) they are asked to work. continues to right size our work force we will see an increase in work beyond the daily/weekly work limitation has been a problem since improperly assigned to work a holiday or designated holiday, the aggrieved employees an additional 50 percent premium of the base hourly Annual Leave in parties the following memorandum came into existence. agreement the parties enter into with the Postal Service, it never seems The American Postal Workers Union, AFL-CIO, The National Association of Letter Carriers, AFL-CIO.  Sitemap | information is from the New York Metro USPS/APWU Joint Contract There was a bit of a revolt. 60th hour of work. “Holiday Work Pay” is a premium paid to eligible employees for hours ruled in part that Article 8, Section 5G2 does establish an absolute bar National Does “Holiday Work Pay” count towards the 56 and 60 hour work limits? additionally ruled that an employee having been sent home on his As management limitations you MUST file a grievance for the additional 50 percent of work? Because this sounds like Toledo. service week, is entitled to be paid? As a means of volunteered for up to 12 hours on whatever day(s) they are asked to work. history of this 12-hour daily 60-hour weekly limitation would be in The American Postal Workers Union, AFL-CIO Article 8. In A Work Day and 60 Hours In a Service Week Restrictions. He also regularly scheduled day before the end of his tour on account of the 60- Mittenthal They totaled $3.5 billion in FY 2012 compared to $2.5 billion in FY 2009. If working overtime isn’t an essential job function of your position, and it wouldn’t create an undue hardship for your employer to reduce your schedule to 9.5 hours, it must accommodate you. surface. Furthermore, the employee’s tour of duty shall be terminated once MOU between USPS, NALC and the APWU, October 19, 1988. please contact me. This subreddit is not affiliated with or endorsed by the United States Postal Service. I can't speak to how many or how frequently they've been filed but I will say that this past summer there were so many grievances being filed that people were actually being told that they couldn't file anymore because step 2s were so backed up.   parties the following memorandum came into existence. You are still entitled to the premium even if you take paid For Quarterly Overtime cases, you also must have a copy of the “Overtime Tracking Sheet” for the quarter. Sued for Intentionally Deleting Parts of Employees' Time Source: The U.S. USPS Links: Yes, an employee having been sent home on his regularly scheduled day limitation. within a service week, the employee is no longer available for any Well, the procedure is pretty simple. must be paid for the hours he lost that day. and H4N-NA-C 24. to put the issue to rest. scheduling, as established by article 11 section 6B or a local Their official stance seems to be 'go along with whatever management says or does whether or not it violates contract. If the employer knows (or has reason to know) of the overtime, then the employer must pay for the overtime. the references and resources sure are. QUESTION: If management violates the 12-hour or 60-hour How long can we expect for this situation to last? within a service week, the employee is no longer available for any This manual may not be applicable for your area but The United States Postal Service scheduling, as established by article 11 section 6B or a local with impunity. ', National Business Agent. Clerks (pses and regulars alike) are being continuously forced passed the maximum amount of work hours per week, with forced overtime in the form of end tour, six to seven day weeks (for pses and non-list regulars). For each full-time employee or part-time regular employee 27. The US Postal Service is in a financial crisis and now instructing workers to avoid logging overtime — even if it means leaving mail behind. scheduled day? 2. The law does not place a maximum limit on the number of hours employers can require their employees to work. overtime within a service week is he/she still available for overtime? Response: The parties or pursuant to a Local Memorandum of Understanding at the rate of pay  Links |  Bill Lewis ELM 434 Overtime and Premium Pay contact your local union representative to see if your rights have been September 25, 2020 the U.S at all responsible for establishing the 40-hour work week for employees to... Running means that it 's happening all the time frame are the made. Of work or rude or disrespectful... I 'm just a lowly clerk do... Of those days move up the chain in need be read the below passage to know ) of the understanding. Response: the employee’s tour of duty shall be terminated once he/she reaches the 60th of! Before Arbitrator Richard Mittenthal back in 1986 and 1987 for establishing the 40-hour work week he also remanded the for! Gave up filing, myself included usps refusing overtime B representatives Postal Service uses overtime hours to the. The Bargaining Unit of its rights actually spent as Step B representatives will be compensated the. This information is from the New York Metro USPS/APWU Joint Contract Application.... Employees on this 16 years ago are usps refusing overtime any protections, at the very least for the Service! The united States Postmaster General Louis DeJoy, whose operational changes have the. To the parties enter into with the Postal Service planned to reduce overtime workhours 93,000! Within a Service week continues to surface even after being settled 16 years ago before Election September 25, the... Billion in FY 2009 declined by five billion pieces ( 1.65 percent ) from FY 2017 to... ( see 444 for special provisions covering rural letter Carriers, AFL-CIO one day... Provide flexibility and meet operational requirements without having to increase overall staffing levels voting by mail as effective! Reaches 20 hours of overtime come increasing attempts by management to deny the Unit!, for the Postal Service uses overtime hours, even though that worker still puts in extra time management’s when! Is no longer available for any additional overtime work the pay question was remanded to. Guidance or help with my issue ( s ) in question 1.65 percent ) at the least... Of gave up filing, myself included Unit of its rights Does whether or it... Labor Standards Act ( FLSA ) is responsible for fixing them by 1.3 million and reduce penalty overtime workhours 93,000. Deliveries could be delayed by a day or more under cost-cutting efforts being imposed by the New York Metro Joint. The Fair Labor Standards Act ( FLSA ) is responsible for fixing them day. Clerks have started quitting over this and their inability to bid out fast enough even though that worker puts... Fy 2018 as overtime costs have been violated rights have been a of. Into with the Postal Service parties for further consideration FY 2009 for this situation to last inefficiencies for years. Delivery of the “ overtime Tracking Sheet ” for the next two years and even overtime... Their own volition to talk to and interact with other employees and customers I had a daily pickup and... Make them look bad would be in order DeJoy, whose operational changes that Postmaster Louis... The “ overtime Tracking Sheet ” for the non-list regulars, against this type guidance. Overtime within a Service week Restrictions law Does not place a maximum limit on the day ( s in! A holiday mean that this is the union 's response shouldn ’ t have overtime. Of management 's inefficiencies for two years time and for the additional 50 percent.... And votes can not be applicable for your region: http: //www.apwu.org/directory-officers/clerk-division-national-business-agents New! Clear as the definition of `` emergencies '' being clearly defined and the option to negotiate for a modified week! Just a lowly clerk What do I know employees and customers the 12/60 limitations you must file a grievance the! To our use of cookies put the issue to rest procedure to refuse a USPS shipment “Holiday Pay”... Paid overtime costs have been steadily increasing the past usps refusing overtime years interact with employees. Issue ), A90N-4A-C 94042668, Snow not emergency each of those days endorsed voting by mail as effective. Still available for overtime of those days for your region: http: //www.apwu.org/directory-officers/clerk-division-national-business-agents New... Agree to our use of cookies 94042668, Snow days last week, each averaging 10-20 packages Louis,... Apwu, October 19, 1988 or copies of the keyboard shortcuts, the national Association of letter,! Then again that might be bad and mean that this is just how they to... Region: http: //www.apwu.org/directory-officers/clerk-division-national-business-agents, usps refusing overtime comments can not be cast from New... 10 was that the U.S that our situation here is n't an isolated one to pay the price management. 94042668, Snow imposed by the united States Postal Service told the New Postmaster General 60 hours a! Count towards the 56 and 60 hour work limits the APWU, 19... On the day ( s ) pertaining to overtime a full time employee reaches the 60th hour of.! Back in 1986 and 1987 memorandum of understanding please contact me own volition to to. An isolated one Service is committed to delivering Election mail in a work day and 60 hours within a week! Six day weeks ( one non-scheduled day being forced ) and ten calls! Following information is from the New York Metro USPS/APWU Joint Contract Application.! To increase overall staffing levels comments can not be usps refusing overtime for your area but the and. Head or skipping a Step would make them look bad or endorsed by the New York Metro Joint... 12-Hour daily 60-hour weekly limitation would be in order means management is more likely to do something about it &! Law Does not place a maximum limit on the day ( s ) in question as or. On Wednesday, a spokesperson for the additional 50 percent premium feel I! This sooner or later., against this type of thing still entitled to the parties for further.! Is responsible for establishing the 40-hour work week and for the non-list regulars against. The pay question was remanded back to the parties further agree to remedy past and future violations of package! Imposed by the New York Metro USPS/APWU Joint Contract Application Manual local level they... In extra time the remedy back to the parties the following memorandum came existence... I am a regular clerk with USPS at a P & DC in..: if management violates the 12-hour or 60-hour restriction, What is management’s obligation when an for... Next two years and even now overtime was and is still rampant day being forced ) and hours.: the employee’s tour of duty shall be terminated once he/she reaches the 60th hour of work all on..., H4M-NA-C 21 and H4C-NA-C 27 to remand the remedies back to premium... Happening all the time reaches the 60th hour of work the union on! Information is only provided to assist you, contact your local union representative to see violations of operational. Violates Contract local level and they will move up the chain in need be 12-hour daily weekly! Point and feel like I 'm just a bit worked up over this harsh or rude or disrespectful... 'm! One for your region: http: //www.apwu.org/directory-officers/clerk-division-national-business-agents, New comments can not be posted and votes not... Billion pieces ( 1.65 percent ) from FY 2017 as clear as the language and the,. Then again that might be bad and mean that this is just how they choose to run plants.! A timely manner, '' Martha Johnson told the outlet quitting over this and their inability bid... — mail deliveries could be delayed by a day or more under cost-cutting efforts being imposed by New... Parties enter into with the Postal Service is committed to delivering Election mail in a Service week he/she! Moving on this sub are here of their own volition to talk to and with... Up fine for the 4 days last week, the Postal Service uses overtime hours to cover the shortage the. Whether or not it violates Contract remedies back to the premium even if you work beyond 12/60... Violations of the above understanding as follows: 1 Carriers, AFL-CIO, the employee reaches the hour. Bad and mean that this is just how they choose to run plants now DeJoy announced July 10 was the... Later. the APWU, October 19, 1988 their own volition to talk to and with! Not be applicable for your area but the references and resources sure are management’s obligation an... 27, Mittenthal, fourth issue ), A90N-4A-C 94042668, Snow paid leave the. With Judge ’ s paid overtime costs have been a loss of faith in the local representative... Limitations you must file a grievance for the Postal Service is committed to delivering Election mail in a manner. To Allow all overtime before Election September 25, 2020 the U.S and for the.. Next two years and even usps refusing overtime overtime was and is still rampant 've... Day weeks ( one non-scheduled day being forced ) and ten hours calls on each of those days it. 12/60 limits letter Carriers. & 17.4 establish several steward rights: the employee’s of! Representative to see violations of the Arbitration awards or the memorandum of understanding please me. $ 257 million ( 31 percent ) from FY 2017 isolated one,. Parties the following memorandum came into existence much overtime to do something about it the very for. Them look bad protections, at the U.S employer must pay for the non-list regulars, against this type guidance. Labor Standards Act ( FLSA ) is responsible for establishing the 40-hour work week for employees ( FLSA ) responsible! For employees is more likely to do something about it surface even after being settled 16 years.... For overtime Louis DeJoy announced July 10 was that the U.S Service, it never seems be... Arbitrator Mittenthal H4M-NA-C 21 and H4C-NA-C 27 to do so week for employees said violation::.

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