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ARTICLE 8 TRAINING

ARTICLE 8 TRAINING. ARTICLE 8 TRAINING. Scenario 1: Carrier A is not on the OTDL, management determines that 1 hour of overtime or auxiliary assistance is necessary. Carrier B is on the OTDL and is scheduled for 8 hours that day. Must management provide auxiliary assistance?.

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ARTICLE 8 TRAINING

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  1. ARTICLE 8 TRAINING

  2. ARTICLE 8 TRAINING • Scenario 1: • Carrier A is not on the OTDL, management determines that 1 hour of overtime or auxiliary assistance is necessary. Carrier B is on the OTDL and is scheduled for 8 hours that day. Must management provide auxiliary assistance?

  3. ARTICLE 8 TRAINING Carrier A is not on the OTDL, management determines that 1 hour of overtime or auxiliary assistance is necessary. Carrier B is on the OTDL and is scheduled for 8 hours that day. Must management provide auxiliary assistance? Yes. JCAM Page 8-14 the requirement to seek to use auxiliary assistance before requiring letter carriers not on the ODL or work assignment list to work overtime on their own route on a regularly scheduled day. Management must seek to use all of the following to provide auxiliary assistance: • casuals • part-time flexibles at the straight-time or regular overtime rate • transitional employees at the straight-time or regular overtime rate • available full-time regular employees such as unassigned or reserve regulars at the straight time rate • full-time carriers from the overtime desired list at the regular overtime rate

  4. ARTICLE 8 TRAINING • Scenario 2: • Carrier A is not on the OTDL, management determines that 30 minutes of overtime or auxiliary assistance is necessary. Carrier B is the only OTDL carrier available and travel time to and from carrier A’s route will take 25 minutes each way. Must management provide auxiliary assistance?

  5. ARTICLE 8 TRAINING Carrier A is not on the OTDL, management determines that 30 minutes of overtime or auxiliary assistance is necessary. Carrier B is the only OTDL carrier available and travel time to and from carrier A’s route will take 25 minutes each way. Must management provide auxiliary assistance? No. JCAM page 8-15 “The memo goes on to state that “the determination of whether management must use a carrier from the ODL to provide auxiliary assistance must be made on the basis of the rule of reason.” For example, management is not required to use a carrier from the ODL when the travel time would be excessive for the amount of assistance being given.”

  6. ARTICLE 8 TRAINING • Scenario 3: • Carrier A is not on the OTDL, management determines that 1 hour of overtime or auxiliary assistance is necessary. All OTDL carriers are scheduled to work up to 10 hours that day. Must management provide auxiliary assistance?

  7. ARTICLE 8 TRAINING Carrier A is not on the OTDL, management determines that 1 hour of overtime or auxiliary assistance is necessary. All OTDL carriers are scheduled to work up to 10 hours that day. Must management provide auxiliary assistance? No. JCAM page 8-14 However, the memo states that management does not have to use ODL carriers to provide auxiliary assistance if such an assignment would mean that the ODL carriers would be working penalty overtime. In that limited situation—if no auxiliary assistance is available without going into penalty overtime—management can require full-time regular carriers not on the overtime desired list to work overtime on their own routes on a regularly scheduled day.

  8. ARTICLE 8 TRAINING • Scenario 4: • All OTDL carriers have been scheduled to work 10 hours. There are still 4 hours of assistance needed to cover all assignments. At this point may management assign the Non-OTDL carriers to work overtime off their assignments, or ask the Non-OTDL carriers to volunteer to work overtime?

  9. ARTICLE 8 TRAINING Scenario 4: All OTDL carriers have been scheduled to work 10 hours. There are still 4 hours of assistance needed to cover all assignments. At this point may management assign the Non-OTDL carriers to work overtime off of their assignments, or ask the Non-OTDL carriers to volunteer to work the overtime? No. JCAM Page 8-14 Before requiring a non-ODL carrier to work overtime on a non-scheduled day or off his/her own assignment, management must seek to use a carrier from the ODL, even if the ODL carrier would be working penalty overtime. See Article 8.5.D.

  10. ARTICLE 8 TRAINING • Scenario 5: • All OTDL carriers have been scheduled to work 12 hours, and PTF carriers up to 11.5 hours. There are still 4 hours of assistance needed to cover all assignments. At this point may management assign the overtime to Non-OTDL carriers, or ask Non-OTDL carriers to volunteer to work the overtime?

  11. ARTICLE 8 TRAINING All OTDL carriers have been scheduled to work 12 hours, and PTF carriers up to 11.5 hours. There are still 4 hours of assistance needed to cover all assignments. At this point may management assign the overtime to Non-OTDL carriers, or ask Non-OTDL carriers to volunteer to work the overtime? Yes. JCAM page 8-15 Mandatory Overtime. One purpose of the Overtime Desired List is to excuse full-time carriers not wishing to work overtime from having to work overtime. Before requiring a non-ODL carrier to work overtime on a non-scheduled day or off his/her own assignment on a regularly scheduled day, management must seek to use a carrier from the ODL, even if the ODL carrier would be working penalty overtime. However, if the Overtime Desired List does not provide sufficient qualified fulltime regulars for required overtime, Article 8.5.D permits management to move off the list and require non-ODL carriers to work overtime on a rotating basis starting with the junior employee. Management may seek non-ODL volunteers rather than selecting nonvolunteers on the basis of juniority. Normally, carriers not on the Overtime Desired List may not grieve the fact that they were not selected to work overtime.

  12. ARTICLE 8 TRAINING Scenario 6: On Wednesday all OTDL carriers are scheduled to work up to 12 hours, with one exception. Carrier B is on the 12 hours list and is only scheduled to work 8 hours. Carrier B worked 12 hours overtime on Saturday, 4 hours overtime on both Monday and Tuesday. There is still one route left uncovered for a total of 5 hours of auxiliary assistance still needed. Can management assign the overtime to Non-OTDL carriers, or ask Non-OTDL carriers to volunteer to work the overtime?

  13. ARTICLE 8 TRAINING On Wednesday all OTDL carriers are scheduled to work up to 12 hours, with one exception. Carrier B is on the 12 hours list and is only scheduled to work 8 hours. Carrier B worked 12 hours overtime on Saturday, 4 hours overtime on both Monday and Tuesday. There is still one route left uncovered for a total of 5 hours of auxiliary assistance still needed. Can management assign the overtime to Non-OTDL carriers, or ask Non-OTDL carriers to volunteer to work the overtime? Yes. JCAM page 8-18 the parties agree that excluding December, once a full-time employee reaches 20 hours of overtime within a service week, the employee is no longer available for any additional overtime work.

  14. ARTICLE 8 TRAINING • Scenario 7: • Carrier A is on the OTDL and has worked 20 hours of overtime for the week, All remaining OTDL carriers are working the maximum amount of hours available. management determines that 2 hours of overtime or auxiliary assistance is necessary. Carrier B is the T-6 for carrier A’s route and is on the work assignments list. Can management mandate a Non-OTDL carrier to work carrier A’s overtime?

  15. ARTICLE 8 TRAINING Carrier A is on the OTDL and has worked 20 hours of overtime for the week, All remaining OTDL carriers are working the maximum amount of hours available. management determines that 2 hours of overtime or auxiliary assistance is necessary. Carrier B is the T-6 for carrier A’s route and is on the work assignments list. Can management mandate a Non-OTDL carrier to work carrier A’s overtime? Yes. JCAM page 8-18 the parties agree that excluding December, once a full-time employee reaches 20 hours of overtime within a service week, the employee is no longer available for any additional overtime work.

  16. ARTICLE 8 TRAINING • Scenario 8: • On Thursday all OTDL carriers have worked up to 20 hours of overtime. When scheduling for the following day management determines that there is an insufficient number of carriers to cover all available assignments. Can management mandate Non-OTDL carriers to work their SDO’s to cover the vacant assignments?

  17. ARTICLE 8 TRAINING On Thursday all OTDL carriers have worked up to 20 hours of overtime. When scheduling for the following day management determines that there is an insufficient number of carriers to cover all available assignments. Can management mandate Non-OTDL carriers to work their SDO’s to cover the vacant assignments? Yes. JCAM pages 8-15, 8-18 & 8-24 However, if the Overtime Desired List does not provide sufficient qualified fulltime regulars for required overtime, Article 8.5.D permits management to move off the list and require non-ODL carriers to work overtime on a rotating basis starting with the junior employee. Management may seek non-ODL volunteers rather than selecting nonvolunteers on the basis of juniority. Normally, carriers not on the Overtime Desired List may not grieve the fact that they were not selected to work overtime. the parties agree that excluding December, once a full-time employee reaches 20 hours of overtime within a service week, the employee is no longer available for any additional overtime work. Waiving guarantees. The Step 4 settlement H4N-2D-C 40885, November 14, 1988 (M-00879) provides that “Management may not solicit employees to work less than their call in guarantee, nor may employees be scheduled to work if they are not available to work the entire guarantee. However, an employee may waive a guarantee in case of illness or personal emergency. This procedure is addressed in the ELM, Section 432.63.”

  18. ARTICLE 8 TRAINING • Scenario 9: • Carrier A is not on the OTDL, management determines that 45 minutes of overtime or auxiliary assistance is necessary. Carrier B is the T-6 for carrier A’s route and is on the work assignments list. Who should be assigned to work the overtime for carrier A?

  19. ARTICLE 8 TRAINING Carrier A is not on the OTDL, management determines that 45 minutes of overtime or auxiliary assistance is necessary. Carrier B is the T-6 for carrier A’s route and is on the work assignments list. Who should be assigned to overtime for carrier A? Carrier B. JCAM page 8-20 Carrier Technicians on the Work Assignment List are considered available for overtime on any of the routes on their string. Subject to the penalty overtime exceptions discussed above, this provision should be applied as follows: • A Carrier Technician who has signed for work assignment overtime has both a right and an obligation to work any overtime that occurs on any of the five component routes on a regularly scheduled day.

  20. ARTICLE 8 TRAINING • Scenario 10: • Carrier A is on the OTDL, management determines that 45 minutes of overtime or auxiliary assistance is necessary. Carrier B is the T-6 for carrier A’s route and is on the work assignments list. Who should be assigned to overtime for carrier

  21. ARTICLE 8 TRAINING Carrier A is on the OTDL, management determines that 45 minutes of overtime or auxiliary assistance is necessary. Carrier B is the T-6 for carrier A’s route and is on the work assignments list. Who should be assigned to overtime for carrier A? Carrier B. JCAM page 8-20 • When overtime is required on the regularly scheduled day of the route of a carrier who is on the ODL and whose Carrier Technician is on the work assignment list, the Carrier Technician is entitled to work the overtime.

  22. ARTICLE 8 TRAINING THE FOLLOWING WILL APPLY TO THE NEXT SEVEN SCENARIO’S You are in an office that has 10 routes, and is staffed with 12 full time regulars, 2 PTF’s and one casual. 2 of the 12 full time regulars are on the 12 hour OTDL, and 2 are on work assignment. One of the carriers on the work assignment list is the T-6 for routes 1, 2, 3, 4 & 5. The remaining work assignment carrier is on route 3. You must assign the overtime for the next scenario’s in accordance with Article 8.

  23. ARTICLE 8 TRAINING It is Saturday the first day in the new pay period. You determine that a total of 19 hours of overtime is needed to cover the duty assignments for the day. One OTDL carrier is on their SDO, and the other is on a regularly scheduled day The PTF is on AL for the day. The carrier on their SDO is taking 8 of the 19 hours leaving 10 hours remaining to cover. 8 of those 10 hours are due to a vacant assignment. 2 hours are for routes on which the carrier is not on any overtime desired list. Route 1 OTDL carrier on SDO 10 hours OT Route 6 R needs 2 OT Route 2 R Route 7 T-6 needs 2 OT Route 3 R Route 8 R needs 3 OT Route 4 casual Route 9 R needs 1 hour OT Route 5 T-6 Route 10 R needs 1 hours OT How do you schedule the overtime?

  24. ARTICLE 8 TRAINING • Schedule the T-6 on work assignment for 2 hours overtime on route 1. The casual can be scheduled to carry the 3 hours from route 8. The remaining OTDL carrier will carry 2 hours from either route 6 or 7. All other remaining OT will be carried by the regular carriers who are on their regularly scheduled day on routes 9 &10 , and either route 6 or 7 depending on who received the auxiliary assistance. The OTDL is unable to provide any further assistance as they would be in a penalty situation. As long as the remaining overtime can be completed by the regular carrier on their regularly scheduled route on their regularly scheduled day no violation occurred. • The casual is limited by the time restrictions contained in the ELM. ELM 432.32 Maximum Hours Allowed Except as designated in labor agreements for bargaining unit employees or in emergency situations as determined by the postmaster general (or designee), employees may not be required to work more than 12 hours in 1 service day. In addition, the total hours of daily service, including scheduled workhours, overtime, and mealtime, may not be extended over a period longer than 12 consecutive hours. Postmasters and exempt employees are excluded from these provisions.

  25. ARTICLE 8 TRAINING On Monday the casual and 2 full time regular carriers, which includes the T-6 who is on the work assignment list call in sick leaving 2 assignments vacant. You determine that a total of 21 hours of overtime to cover the vacant assignment and to complete the remaining approved overtime. How should the overtime be assigned? Route 1 R OTDL needs 2 hours OT Route 6 (sick) needs 8 OT Route 2 R OTDL Route 7 R Route 3 R Route 8 T-6 needs 2 hours OT Route 4 (sick) needs 8 hours OT Route 9 R needs 1 hour OT Route 5 PTF Route 10 R

  26. ARTICLE 8 TRAINING • The PTF on route 5 should be assigned to work to 11.5 hours. The OTDL carrier on route 1 should be assigned an additional 2 hours of overtime. The remaining OTDL carrier on route 2 should be assigned an additional 4 hours of overtime. There are 9 hours of overtime remaining after utilizing all available auxiliary assistance. By juniority management should mandate carriers to cover the remaining overtime. The regulars on routes 8 & 9 will work their own overtime. Carriers on routes 3, 7 & 10 should be mandated to work 2 hours overtime each and the carrier on route 9 should be mandated to work the remaining ½ hour of overtime. Even though the carrier on route 9 is already working overtime on their own assignment the remaining carriers not on the OTDL are all working 10 hours. In accordance with Article 8.5. F • 8.5.F F. Excluding December, no full-time regular employee will be required to work overtime on more than four (4) of the employee’s five (5) scheduled days in a service week or work over ten (10) hours on a regularly scheduled day, over eight (8) hours on a non-scheduled day, or over six (6) days in a service week.

  27. ARTICLE 8 TRAINING On Tuesday the regular carrier on route 6 calls in sick. The casual and PTF carriers are being used to cover routes 4 & 5 who are on annual leave for the day . You determine that a total of 15 hours of overtime or assistance is needed to cover the vacant assignment and to complete delivery of the remaining assignments. The PTF and casual each need an additional 3.5 hours to complete their assigned duties. How should the overtime be assigned? Route 1 R OTDL Route 6 (sick) needs 8 OT Route 2 R OTDL Route 7 R Route 3 T-6 Route 8 R Route 4 casual needs 3.5 hours to complete Route 9 R Route 5 PTF needs 3.5 hours OT Route 10 T-6

  28. ARTICLE 8 TRAINING The two carriers on the OTDL split route 6 and work up to 12 hours. The casual and PTF are assigned to carry the extra 3 ½ hours on the route that they are carrying for that day.

  29. ARTICLE 8 TRAINING On Wednesday the carrier on route 4 calls in sick after his day of annual. The PTF is scheduled for route 6 and the casual is scheduled for route 9. You determine that a total of 16.75 hours of additional time is necessary to cover all the assignments for the day. How should the overtime be assigned? Route 1 R OTDL Route 6 PTF needs 1.5 hours Route 2 R OTDL Route 7 R Route 3 R needs 2 hours OT Route 8 T-6 needs 2 hours OT Route 4 (sick) needs 8 hours OT Route 9 casual needs 1.25 hours Route 5 T-6 Route 10 R needs 2 hours OT

  30. ARTICLE 8 TRAINING The T-6 scheduled for route 5 should be assigned to provide the 2 hours of assistance to route 3. The two OTDL carriers split route 4 and work up to 12 hours. The PTF is assigned to 2 hours on route 8 and the casual is assigned the 2 hours on route 10 in addition to the time it will require them to complete their respective assignments.

  31. ARTICLE 8 TRAINING On Thursday the casual carrier had an emergency and could not come to work. The carrier on route 4 called in sick again. Additionally, you have determined that the OTDL carrier on route one has reached 20 hours of overtime for the week. You have determined that it will take 17.50 additional hours to cover your assignments for the day. How should you assign the overtime? Route 1 R OTDL needs 2 hours OT Route 6 T-6 Route 2 R OTDL Route 7 R Route 3 PTF needs 3.25 hours OT Route 8 R needs 2 hours OT Route 4 (sick) needs 8 hours OT Route 9 R needs 1 hour OT Route 5 T-6 Route 10 R needs 1.25 hours OT

  32. ARTICLE 8 TRAINING The T-6 on route 5 should be assigned the 2 hours of overtime from OTDL carrier on route 1 as he is no longer available to work ANY overtime. 4 hours of the vacant route 4 should be assigned to the remaining OTDL carrier bring his total to 12 hours for the day. The PTF should be assigned to carry the 3.5 hours on his assignment for the day. The Non-OTDL carriers on routes 8, 9 & 10 should be assigned to carry their own overtime. Then management will mandate by juniority the Non-OTDL carriers to cover the remaining 4 hours of the vacant assignment.

  33. ARTICLE 8 TRAINING On Thursday afternoon you begin planning for the Friday schedule. You are already aware that one of your OTDL carriers has reached 20 hours of overtime. The remaining OTDL carrier will be at 18 hours by the end of the day and Friday is his/her non-scheduled day. The casual carrier is still out with an emergency and the carrier on route 4 is still out sick. The carrier on route 5 will be attending the NALC convention and will not be at work on Friday. Route 1 R OTDL Route 6 T-6 Route 2 T-6 Route 7 R Route 3 R Route 8 R Route 4 (sick) Route 9 R Route 5 PTF Route 10 R

  34. ARTICLE 8 TRAINING Since the OTDL carrier has worked 18 hours of overtime they would not be available to work an 8 hour shift and management is not required to bring them in. The Non-OTDL carrier on route 6 should be mandated to work their non scheduled day as there is no other assistance available.

  35. ARTICLE 8 TRAINING On Friday you mandated the non-OTDL carrier from route 6 to work the vacant route 4. However, there is still 15 hours of assistance needed to complete delivery of the mail and no carriers on the 10 or 12 hour list available to work overtime. How should you assign the overtime? Route 1 R OTDL needs 2 hours Route 6 T-6 needs 1 hour Route 2 T-6 needs 2 hours Route 7 R needs 1 hour Route 3 R needs 1 hour Route 8 R needs 1 hour Route 4 non-OTDL route 6 needs 9 hours Route 9 R needs 1 hour Route 5 PTF needs 3.5 hours Route 10 R needs 1 hour

  36. ARTICLE 8 TRAINING The T-6 on route 2 should be scheduled to carry the 2 hours on route 1 for the unavailable OTDL carrier. Management will mandate by juniority one carrier to carry the 1 hour from the non-OTDL carrier on route 4 scheduled in on his SDO. All remaining overtime is carrier by the regular carriers on the route.

  37. ARTICLE 8 TRAINING Remedies for violations of Article 8. The following remedies were agreed to by the parties apply only to offices which do not have locally negotiated grievance settlements which require a higher monetary remedy. Under no circumstances should any settlement be made which provide for a higher monetary remedy than is identified in the JCAM or has been agreed to the Area parties without first consulting with Labor Relations.

  38. ARTICLE 8 TRAINING If for any reason, violations of the 12 and 60 hour limits occur the appropriate remedy is an additional 50% of the regular straight time rate if a timely grievance is filed. The additional 50% is the exclusive remedy for such violations and management under no circumstances should agree to anything is excess of that amount for these violations. • Reference JCAM page The parties agree that with the exception of December, full-time employees are prohibited from working more than 12 hours in a single work day or 60 hours within a service week. In those limited instances where this provision is or has been violated and a timely grievance filed, full-time employees will be compensated at an additional premium of 50 percent of the base hourly straight time rate for those hours worked beyond the 12 or 60 hour limitation. National Arbitrator Snow held in A90N-4A-C 94042668, November 30, 1998 (C-18926) that the Memorandum of Understanding above (M- 00859) provides the exclusive remedy for violations of the 12 and 60 hour work limits in Article 8.5.G.2.

  39. ARTICLE 8 TRAINING Without prejudice to our respective position on remedies, the undersigned agree that in those situations where a letter carrier is utilized for work that should have been assigned to an overtime desired list carrier or work assignment overtime desired list carrier, in violation of either the “letter carrier paragraph” of the National Memorandum of Understanding on Overtime or Article 8, Section 5.G of the National Agreement, normally the appropriate remedies will be to compensate the overtime desired list carrier at the appropriate rate for the missed opportunity and to compensate the inappropriately worked letter carrier an additional fifty per cent (50%) of straight time for the amount of time inappropriately worked (we recognize that the National MOU, Re: Article 8 provides “normally no monetary remedy for a carrier improperly required to work overtime on his own route”; we have agreed that this exemption applies to circumstances that are not frequent and/or repetitive). We further agree that in such circumstances where such occurrences exist or have existed, the parties should normally apply these appropriate remedies at the earliest possible step of the grievance-arbitration procedure. It is further understood that either Regional / Area party may unilaterally discontinue this agreement by notification to the other Party in writing at any time. Connely / Hart Agreement 4-14-03

  40. ARTICLE 8 TRAINING SIMULTANIOUS SCHEDULING OF OVERTIME “OPERATIONAL WINDOW”

  41. ARTICLE 8 TRAINING • Article 3 gives management the exclusive right: To direct employees of the Employer in the performance of official duties; B. To hire, promote, transfer, assign, and retain employees in positions within the Postal Service and to suspend, demote, discharge, or take other disciplinary action against such employees; C. To maintain the efficiency of the operations entrusted to it; D. To determine the methods, means, and personnel by which such operations are to be conducted; E. To prescribe a uniform dress to be worn by letter carriers and other designated employees; and F. To take whatever actions may be necessary to carry out its mission in emergency situations, i.e., an unforeseen circumstance or a combination of circumstances which calls for immediate action in a situation which is not expected to be of a recurring nature.

  42. ARTICLE 8 TRAINING The language in the Memorandum of Understanding Re: Article 8, provides language were management may move off of the list and use non OTDL carriers to work overtime off of their assignments when OTDL carriers are working at the same time. JCAM page 8-26 The new provisions of Article 8 contain different restrictions than the old , the new language is not intended to change existing practices relating to use of employees not on the overtime desired list when there are insufficient employees on the list available to meet the overtime needs. For example, if there are five available employees on the overtime desired list and five not on it, and if 10 workhours are needed to get the mail out within the next hour, all ten employees may be required to work overtime. But if there are 2 hours within which to get the mail out, then only the five on the overtime desired list may be required to work.

  43. ARTICLE 8 TRAINING Arbitral authority has held that management is within their right to establish an operational window so long as its creation is based on valid operational constraints, efficiency and service standards. The establishment of an operational window can not be done simply to circumvent Article 8. For example if your last dispatch leaves your facility at 6:00 P.M. it would not be valid to establish the end of your operational window at 4:30. A more supportable time frame to establish your window may be 5:30 P.M. or 5:45 P.M.

  44. ARTICLE 8 TRAINING If attempting to argue an operational widow as part of a grievance you must supply all supporting documentation. At a minimum the truck schedules for the arrivals in the morning and departure in the evening of the transportation should be included. The pull down times for the clerks bringing the mail to the carriers should be included. Time records of the carriers showing their return times must also be included in the case file.

  45. ARTICLE 8 TRAINING Management should be prepared to show that the window is based upon valid operational reasons such as the last dispatch of mail, that carriers consistently return by the close of he window and that all OTDL employees were gainfully employed during he same time frame. At a minimum at least every manager should know the time frame of the operational window in that facility, if all employees know it will improve your position in the case. If you are unable to document the basic evidence needed to be successful you will be unable to establish a valid window and will be unsuccessful in the grievance procedure.

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