Overtime Rules from the JCAM
Signing Overtime Lists. Full-time letter carriers, including full-time flexibles, who want to work overtime may place their names on either the "Overtime Desired List" or the "Work Assignment List," but not
both. Carriers may sign a list or switch between lists only during the two weeks prior to the beginning of the calendar quarter. There is an exception for employees who were on military leave during the sign up period. They are always permitted to sign the list upon return to work (see Step 4, H7N-1K-C 41588, April 1, 1988, M-00820, and the Joint Statement on Overtime, M-00833). Carriers newly promoted from part time flexible to full-time regular status must wait until the beginning of the next calendar quarter before they can sign a list.
1. 8.5.D If the voluntary "Overtime Desired" list does not provide sufficient qualified people, qualified full-time regular employees not on the list may be required to work overtime on a rotating basis with the first opportunity assigned to the junior employee.
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. However, if the Overtime Desired List does not provide sufficient qualified full-time 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. This rotation begins with the junior employee at the beginning of each calendar quarter.
Absent a local memorandum provision to the contrary, employees who are absent, e.g. non-scheduled day, sick leave or annual leave, when their names come up on the rotation will be passed over.
Management may seek non-ODL volunteers rather than selecting non-volunteers 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 provisions of this section do not apply in the case of a full-time letter carriers working on their own assignment on a regularly scheduled day. That situation is governed by Article 8, Section 5.C.2.d as amended by the letter carrier paragraph, see below.
In the Letter Carrier Craft, where management determines that overtime or auxiliary assistance is needed on an employee's route on one of the employee's regularly scheduled days and the employee is not on the overtime desired list, the employer will seek to utilize auxiliary assistance, when available, rather than requiring the employee to work mandatory overtime. (Emphasis added)
8.8.B. When a full-time regular employee is called in on the employee's non-scheduled day, the employee will be guaranteed eight hours work or pay in lieu thereof.
2. 8.5.C.2.d Recourse to the "Overtime Desired" list is not necessary in the case of a letter carrier working on the employee's own route on one of the employee's regularly scheduled days.
Implementing memorandum on "letter carrier paragraph" A memorandum of understanding signed December 20, 1988 (M-00884) further explained the requirement to seek to utilize auxiliary assistance before requiring a carrier not on the OTDL or work assignment list to work overtime. Management must seek to use all of the following to provide auxiliary assistance:
Part-time employees at the straight time or regular overtime rate
Transitional employees at the straight time or regular overtime rate
Available fulltime 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.
However, the memo states that management does not have to use OTDL carriers to provide auxiliary assistance if such an assignment would mean that the OTDL carriers would be working penalty overtime. In that limited situation - if no auxiliary assistance is available without going into penalty overtime - management can force full-time regular carriers not on the overtime desired list to work overtime on their own routes on a regularly scheduled day.
3. Memorandum of Understanding between the United States Postal Service and the National Association of Letter Carriers, AFL-CIO
The determination of whether management must use a carrier from the ODL to provide auxiliary assistance under the letter carrier paragraph must be made on the basis of the rule of reason. For example, it is reasonable to require a letter carrier on the ODL to travel for five minutes in order to provide one hour of auxiliary assistance. Therefore, in such a case, management must use the letter carrier on the ODL to provide auxiliary assistance. However, it would not be reasonable to require a letter carrier on the ODL to travel 20 minutes to provide one hour of auxiliary assistance. Accordingly, in that case, management is not required to use the letter carrier on the ODL to provide auxiliary assistance under the letter carrier paragraph.
4. 8.5.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.
National Arbitrator Mittenthal ruled in H4N-NA-C-21, April 11, 1986 (C-5860) that an employee on the OTDL does not have the option of accepting or refusing work over eight hours on a nonscheduled day, work over six days in a service week or overtime on more than four of the five scheduled days in a service week; instead an employee on the OTDL must be required to work up to twelve hours in a day and sixty hours in a week before management may require employees not on the OTDL to work overtime. (This ruling does not extend to situations involving a letter carrier working on his or her own route on a regularly scheduled day. See the discussion under 8.5.C.2.D and 8.5.G)
8.5.G Full-time employees not on the "Overtime Desired" list may be required to work overtime only if all available employees on the "Overtime Desired" list have worked up to twelve (12) hours in a day or sixty (60) hours in a service week. Employees on the "Overtime Desired" list:
1. may be required to work up to twelve (12) hours in a day and sixty (60) hours in a service week (subject to payment of penalty overtime pay set forth in Section 4D for contravention of Section 5.F); and
2. excluding December, shall be limited to no more than twelve (12) hours of work in a day and no more than sixty (60) hours of work in a service week. However, the Employer is not required to utilize employees on the "Overtime Desired" list at the penalty overtime rate if qualified employees on the "Overtime Desired" list who are not yet entitled to penalty overtime are available for the overtime assignment.
NOTE: This is a common sense issue as to what constitutes an emergency or what is beyond management's control. The parties have agreed in this issue that the requirements have been met if any of the following factors apply. The OTDL have worked at least a minimum of 10 hours in a day or the 60 hour work rule in a service week met, or a darkness/safety issue exists as per item I above.