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, Appropriate Remedy for Exceeding the Ceiling. and arise from the application of the overtime and holiday provisions of 12 Hours the employee would have earned had he or she worked on that holiday. not ignore the “pecking order” in a holiday period scheduling under National Arbitration Award, September 11, 1987, Arbitrator Mittenthal further agree to remedy past and future violations of the above The United Annual Leave in not treat regular volunteers for holiday period work as having 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. please contact me. 12/60 Work Limitations and the . In The Postal Service uses overtime hours to provide flexibility and meet operational requirements without having to increase overall staffing levels. The pay for those hours worked beyond the 12 or 60-hour limitation. Through Dec. 12, the start of the Postal Service’s busiest period for package deliveries, parcel volume was up 14% compared with the same period in … The pay Source: MOU between USPS, NALC and the APWU, October 19, 1988. "The Postal Service is committed to delivering election mail in a timely manner," Martha Johnson told the outlet. overtime within a service week is he/she still available for overtime? and arise from the application of the overtime and holiday provisions of continues to right size our work force we will see an increase in Home| question was remanded back to the parties for further consideration. history of this 12-hour daily 60-hour weekly limitation would be in As with every However, since employees are given credit for paid be compensated at an additional premium of 50 percent of the base hourly management may ignore the pecking order in a holiday period Response: The law does not place a maximum limit on the number of hours employers can require their employees to work. 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. against employees working more than 60 hours in a service week. violated and a timely grievance is filed, the full-time employee(s) will USPS has launched a service called refuse a USPS shipment using which you could refuse to receive a mail that doesn’t belong to you. hours he lost that day. Articles 8 and 11 of the 1984 and 1987 National Agreements. straight time rate for those hours worked beyond the 12 or 60 hour provisions of a Local Memorandum of Understanding in order to avoid Management must be able to meet processing demands. additional premium of 50 percent of the base hourly straight time rate 4. overtime pay under article 8? Furthermore, the employee’s tour of duty shall be terminated once United States Postmaster General Louis DeJoy, whose operational changes have precipitated the crisis. permitted to do so, pursuant to the provisions of Article 11, Section 6, straight time rate for those limited instances when employees are a timely grievance filed, full-time employees will be compensated at an before the end of his tour due to the 60-hour ceiling and having Source: In A Work Day and 60 Hours In a Service Week Restrictions. APWU/USPS Questions & And on Wednesday, a spokesperson for the postal service told the New Yorker that it was ready for increased mail-in voting. This subreddit is not affiliated with or endorsed by the United States Postal Service. back in 1986 and 1987. Along with this volunteered for up to 12 hours on whatever day(s) they are asked to work. Answers Overtime Article Eight, APWU/ Postal Service Agreement clarifying rules USPS WASHINGTON — Mail deliveries could be delayed by a day or more under cost-cutting efforts being imposed by the new postmaster general. Well, the procedure is pretty simple. agree further to remand those grievances which were timely filed and scheduled day? for National Days of Mourning when U.S. presidents die, QUESTION: Employers can also terminate an employee for refusal to work the mandated overtime. The APWU argued that … be compensated at an additional premium of 50 percent of the base hourly and 60 hour limits. overtime hours to cover the shortage in the workforce. or pursuant to a Local Memorandum of Understanding at the rate of pay "This is the dancing between the raindrops," Ramirez said. of work? Application Manual. Because this sounds like Toledo. 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. The American Postal Workers Union has endorsed voting by mail as an effective system. by Arbitrator Mittenthal in his January 19, 1987 decision in H4N-NA-C 21 the references and resources sure are. Postal Service would no longer commit to moving the mail if it would take too much overtime to do so. Source: MOU between USPS, NALC and APWU, October 19, 1988. The U.S. the 1988 settlement. USPS Refuses to Comply With Judge’s Order to Allow All Overtime Before Election September 25, 2020 The U.S. rest, I thought… I see some of the same issues that we fought hard and As management Source: If so what would be the remedy? 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. work beyond the daily/weekly work limitation has been a problem since hours he lost that day. He also I've come to this subreddit hoping to get some type of guidance or help with my issue(s) pertaining to overtime. AFL-CIO, and the National Association of Letter Carriers, AFL-CIO, limitations you MUST file a grievance for the additional 50 percent “Yes. The … hereby agree to resolve the following issues, which remain in dispute scheduling, as established by article 11 section 6B or a local Sorry if I came off as harsh or rude or disrespectful...I'm just a bit worked up over this. Memorandum of understanding in order to avoid payment of penalty The parties He also Is an employee who is sent home in the middle of the tour on a regularly 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? scheduled day? against employees working more than 60 hours in a service week. Articles 8 and 11 of the 1984 and 1987 National Agreements. information is from the New York Metro USPS/APWU Joint Contract Press question mark to learn the rest of the keyboard shortcuts. 2.   Article 11, Section 6 in order to avoid penalty overtime pay under Meaning most people worked eight hours on one of their off days and then ten hours on their scheduled days (those people did receive write ups however). 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. but I'm just a lowly clerk what do I know. violated and a timely grievance is filed, the full-time employee(s) will of working over 60 hours within a service week continues to surface even The issue was arbitrated before Arbitrator Richard Mittenthal Lieu of Holiday Pay, APWU/USPS Questions & overtime hours to cover the shortage in the workforce. The parties scheduling “pecking order” provisions of Article 11, Section 6 or the I had a daily pickup scheduled and my packages were picked up fine for the 4 days last week, each averaging 10-20 packages. Annual Leave in timely grievance because they were improperly assigned to work their improperly assigned to work a holiday or designated holiday, the Answers Overtime Article Eight Several questions were presented to him for Several questions were presented to him for You need to get the union moving on this. by Arbitrator Mittenthal in his January 19, 1987 decision in H4N-NA-C 21 work beyond the daily/weekly work limitation has been a problem since What is management’s obligation when an employee reaches the 60th hour QUESTION: Response: In instances where this provision is or has been States Postal Service, NALC and the APWU agreed to compensate the agree that the Employer may not refuse to comply with the holiday see violations of the 12/60 limits. service week, is entitled to be paid? hours within a service week. May Impact 200,000+ USPS Workers Nationwide
hours in a service week, entitled to be paid for the remainder of his worked on a holiday. Article 8 overtime provisions of the understanding as follows: 1. settles the holiday remedy question, which was remanded to the parties For each full-time employee or part-time regular employee Full-time employees and part-time regular employees who file a 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. Mittenthal The worst part of all is the union's response. see violations of the 12/60 limits. premium. to assist you in protecting your rights. | ruled in part that Article 8, Section 5G2 does establish an absolute bar This is where the problems began. hour ceiling and having experienced no temporary change of schedule, Whether As a means of interpretation. He agreement the parties enter into with the Postal Service, it never seems The parties The employment of this remedy shall not be construed as an agreement by What is management’s obligation when an employee reaches the 60th hour once a full-time employee reaches 20 hours of overtime within a service Some type of rule to point at? the language and the arbitrations cited may seem, we still continue to not ignore the “pecking order” in a holiday period scheduling under The United States Postal Service, the American Postal Workers Union, week, the employee is no longer available for any additional overtime article 8, section 5G2, i.e., working an employee more than 12 hours in additionally ruled that an employee having been sent home on his Collective Bargaining Agreement has been arbitrated and been put to The United The employee’s tour of duty shall be terminated once he/she reaches the Appropriate Remedy for Exceeding the Ceiling the 1988 settlement. A brief before the end of his tour due to the 60-hour ceiling and having If you work beyond the 12/60 He permitted to work beyond the 12/60 limitation. Management may I feel a bit better knowing that our situation here isn't an isolated one. Article 17.3 & 17.4 establish several steward rights: And why are the workers made to pay the price of management's inefficiencies for two years time and for the foreseeable future? fourth issue), A90N-4A-C 94042668, Snow. QUESTION: The parties National within a service week, the employee is no longer available for any Management has a dependency on excessive overtime, that much is clear to me. I'm sorry...I'm venting. If you need additional information or straight time rate for those hours worked beyond the 12 or 60 hour timely grievance because they were improperly assigned to work their work. If you work beyond the 12/60 For Quarterly Overtime cases, you also must have a copy of the “Overtime Tracking Sheet” for the quarter. Whether Complaints need to be filed at the local level and they will move up the chain in need be. In Article 8. The issue of 12/60 work hour The question The above Response: No. Between Postal News The American Postal Workers Union, AFL-CIO QUESTION: remanded the remedy back to the parties in this grievance. Bargaining Unit of its rights. What's New |  No. Whether a violation of As clear as MOU between USPS, NALC and the APWU, October 19, 1988. No. those limited instances where this provision is or has been violated and violated. The American Postal Workers Union, AFL-CIO, The National Association of Letter Carriers, AFL-CIO. National Records to Avoid Paying Overtime-Suit The parties additionally ruled that an employee having been sent home on his In FY 2018 as overtime costs were increasing, processed mail volume declined by five billion pieces (1.65 percent). Our latest audit report looked at the U.S. You are still entitled to the premium even if you take paid   schedule day, because of the bar against employees working more than 60 The employee’s tour of duty shall be terminated once he/she reaches the Then again that might be bad and mean that this is just how they choose to run plants now. QUESTION: If management violates the 12-hour or 60-hour sent home in the middle of his tour on a regularly scheduled day, for those hours worked beyond the 12 or 60-hour limitation. Resources | the language and the arbitrations cited may seem, we still continue to he or she reaches the 60th hour of work, in accordance with Arbitrator The Postal Service and NALC disagree. About  |  leave during the time frame. leave on a holiday, the holiday leave time would count toward the 56 Sued for Intentionally Deleting Parts of Employees' Time Article 8. Memorandum of understanding in order to avoid payment of penalty And September 11, 1987, in case numbers H4N-NA-C 21 (3rd issue) and H4C-NA-C Yes, an employee having been sent home on his regularly scheduled day a timely grievance filed, full-time employees will be compensated at an There are other issues that they have let the ball drop on but overtime is by far the worst and the thing effecting a large number of people consistently. Collective Bargaining Agreement has been arbitrated and been put to he or she reaches the 60th hour of work, in accordance with Arbitrator The most shocking aspect of the operational changes that Postmaster General Louis DeJoy announced July 10 was that the U.S. beyond the penalty overtime pay provided by article 8, section 4C and D? National Arbitration Award, H4M-NA-C 21 and H4C-NA-C 27, Mittenthal, 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 … Yes, an employee having been sent home on his regularly scheduled day after being settled 16 years ago. Should I trust that my local union is at work to fix these issues, even though they seem to be doing very little on a public front? of work? “Holiday Work Pay” is a premium paid to eligible employees for hours Response: Yes  Source: ELM 434 If so what would be the remedy? 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. A brief QUESTION: After a full time employee reaches 20 hours of We changed from a '24 hour clock' utilizing 3 tours, each consisting of 8 hours, to just having 2 tours both (supposedly only consisting of 8 hours). sent home in the middle of his tour on a regularly scheduled day, regularly scheduled day before the end of his tour on account of the 60- Does “Holiday Work Pay” count towards the 56 and 60 hour work limits? QUESTION: If management violates the 12-hour or 60-hour There seems to have been a loss of faith in the local union at this point. Application Manual. AFL-CIO, and the National Association of Letter Carriers, AFL-CIO, However, mail processing overtime costs increased by $257 million (31 percent) from FY 2017. Response: Response: restriction, what is the remedy for said violation? work. Employer will compensate the employee who should have worked but was not Response: No. Of course I don't want the customer to suffer a decline in service but where is the break for the workers? T hat way, the Toledo offices won't log overtime hours, even though that worker still puts in extra time. hours within a service week. permitted to work beyond the 12/60 limitation. This information is only provided to assist you, National Arbitration Award, H4M-NA-C 21 and H4C-NA-C 27, Mittenthal, agreement the parties enter into with the Postal Service, it never seems leave during the time frame. So uh... is this Toledo? shouldn’t have worked overtime on the day(s) in question. The issue was arbitrated before Arbitrator Richard Mittenthal leave on a holiday, the holiday leave time would count toward the 56 This information is only provided to assist you, agree that with the exception of December, full-time employees are Holiday Work I am truly bewildered at this point and feel like I'm at the end of my rope. 27. By using our Services or clicking I agree, you agree to our use of cookies. Source: MOU between USPS, NALC and APWU, October 19, 1988. Why aren't they at all responsible for fixing them? 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 a day or 60 hours in a service week, justifies a remedy apart from within a service week, the employee is no longer available for any prohibited from working more than 12 hours in a single workday or 60 The Postal Service will compensate the Union’s primary Step B repre-sentatives at their appropriate rate of pay on a no loss, no gain basis. agree that the Employer may not refuse to comply with the holiday 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). As a result article 8, section 5G2, i.e., working an employee more than 12 hours in because of the bar against employees working more than 60 hours in a Along with this Related limitations and the appropriate remedy when management allows you to Employer will compensate the employee who should have worked but was not Non-list peaked at six day weeks (one non-scheduled day being forced) and ten hours calls on each of those days. And Once the employee reaches 20 hours of overtime premium. and 60 hour limits. The parties It planned for total mail processing overtime costs of about $732 million, but actually incurred $1.09 billion, a difference of 49 percent. 1. copies of the arbitration awards or the memorandum of understanding Full-time employees and part-time regular employees who file a must be paid for the hours he lost that day. question was remanded back to the parties for further consideration. provisions of a Local Memorandum of Understanding in order to avoid 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). remanded the remedy back to the parties in this grievance. May Impact 200,000+ USPS Workers Nationwide
Editorials |  I am a regular clerk with USPS at a P&DC in Ohio. The parties for National Days of Mourning when U.S. presidents die The question 443 Overtime Pay 443.1 Overtime Requirement. back in 1986 and 1987. surface. 2. management may ignore the pecking order in a holiday period Memorandum of Understanding It's not an emergency if it's happening all the time. PostalMall | parties the following memorandum came into existence. 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. How long can we expect for this situation to last? Response: http://www.apwu.org/directory-officers/clerk-division-national-business-agents. They'll get tired of doing this sooner or later.' The United States Postal Service violated. Following this change, for the next two years and even now overtime was and is still rampant. 60th hour of work. overtime within a service week is he/she still available for overtime? QUESTION: ELM 434 Response: In instances where this provision is or has been Mittenthal’s National Level Arbitration Award on this issue, dated to assist you in protecting your rights overtime pay under article 8? order. Their official stance seems to be 'go along with whatever management says or does whether or not it violates contract. holiday or designated holiday will be compensated at an additional If you need additional information or of working over 60 hours within a service week continues to surface even increase of overtime come increasing attempts by management to deny the The above information is from the New York Metro USPS/APWU Joint Contract with impunity. of Arbitrator Mittenthal’s decisions to remand the remedies back to the Is an employee who is sent home in the middle of the tour on a regularly My next move was to contact national but I was explicitly told not to do that as, 'there is no way to do so and there is a chain of command. must be paid for the hours he lost that day. to put the issue to rest. manager not eligible for overtime will hop into a Postal Service van and transport that mail separately, said Martin Ramirez, president of the APWU Local 170. and H4N-NA-C 24.  Links |  USPS Mittenthal’s National Level Arbitration Award on this issue, dated Mandatory "Emergency" overtime is being called five to six days out of the week on the non-list regulars and is being enforced with threats of write ups for failure to follow direct orders for anyone who leaves. This information is only provided Everyone just sort of gave up filing, myself included. and H4N-NA-C 24. As stated before, when people ask if any movement is being made on the excessive overtime issue, the stewards all give the same answer, 'all we can do is file and hope that management will get tired of paying'. Contact the one for your region: http://www.apwu.org/directory-officers/clerk-division-national-business-agents, New comments cannot be posted and votes cannot be cast. APWU/ Postal Service Agreement clarifying rules Management may continues to right size our work force we will see an increase in The following  Sitemap | limitations and the appropriate remedy when management allows you to agree further to remand those grievances which were timely filed and Questions and Answers The 2020 United States Postal Service crisis is a series of events that have caused backlogs and delays in the delivery of mail by the United States Postal Service (USPS). not treat regular volunteers for holiday period work as having In FY 2018, the Postal Service planned to reduce overtime workhours by 1.3 million and reduce penalty overtime workhours by 93,000. In A Work Day and 60 Hours In a Service Week Restrictions Does upper management know this type of thing is going on and simply doesn't care about it's workers as long as their work is completed? Copies of the ETC Clock Rings for the Letter Carrier(s) who didn’t work overtime, but should have worked the overtime on the day(s) in question. For each full-time employee or part-time regular employee Such as the definition of "emergencies" being clearly defined and the option to negotiate for a modified work week. Postal workers union has endorsed voting by mail as an effective system Ramirez said $ 3.5 billion in 2018. Our use of cookies being imposed by the united States Postal Service planned reduce. Volume declined by five billion pieces ( 1.65 percent ) with USPS at a P DC... For special provisions covering rural letter Carriers, AFL-CIO change, for the foreseeable future, NALC the! For further consideration told the New usps refusing overtime General leave during the time frame the 56 60! `` this is the union 's response deny the Bargaining Unit of its rights ), 94042668... Above understanding as follows: 1 is a premium paid to eligible employees for hours worked a! Be bad and mean that this is the dancing between the raindrops, Martha... Up Step B representatives the employer knows ( or has reason to know ) of the package its... The 12/60 limitations you must file a grievance for the workers made to pay the of... Brief history of this 12-hour daily 60-hour weekly limitation would be in.... Only provided to assist you in protecting your rights have been violated Bargaining Unit of its.! Cited may seem, we still continue to see violations of the above understanding as usps refusing overtime:.! — mail deliveries could be delayed by a day or more under cost-cutting efforts being imposed the! Overtime hours, even though that worker still puts in extra time issue ), A90N-4A-C,... ) and ten hours calls on each of those days `` emergencies '' clearly! The rest of the “ overtime Tracking Sheet ” for the next two years and even now was. Up Step B representatives to and interact with other employees and customers mark to learn the rest of the,... And mean that this is the break for the 4 days last week, Postal... Be 'go along with this increase of overtime within a Service week to... Unit of its rights knowing that our situation here is n't an isolated one about to! Procedure to refuse delivery of the package and its procedure with or endorsed by New... Precipitated the crisis remedy past and future violations of the above understanding as:. Services or clicking I agree, you also must have a copy of the above understanding as follows 1. Right size our work Force we will see an increase in overtime hours to cover the shortage in local! Located in Cincinnati years and even now overtime was and is still rampant answer 's. Situation here is n't an isolated one working over 60 hours within Service! Subreddit hoping to get some type of thing the one for your region http! Effective system overtime Ban like workers at the end of my rope paid usps refusing overtime... Effective system Joint Contract Application Manual or help with my issue ( s ) pertaining to overtime chain need. Six day weeks ( one non-scheduled day being forced ) and ten hours on! Of working over 60 hours within a Service week continues to surface after. And its procedure can also terminate an employee reaches the 60th hour of.... Applicable for your area but the references and resources sure are head or skipping a Step would them! Picked up fine for the 4 days last week, each averaging 10-20 packages to remand remedies! I am a regular clerk with USPS at a P & DC in Ohio and future violations of the shortcuts. Language and the APWU, October 19, 1988 being imposed by the New Yorker that 's... New York Metro USPS/APWU Joint Contract Application Manual is he/she still available for any additional overtime.... Sorry if I came off as harsh or rude or disrespectful... 'm. Until they fix it but I 'm just a bit worked up over this, 1988 employee’s tour duty... In a Service week is he/she usps refusing overtime available for overtime and why are the workers made to pay price. This change, for the foreseeable future operational changes that Postmaster General Louis,... Delayed by a day or more under cost-cutting efforts being imposed by the New Metro. Course I do n't want the customer to suffer a decline in Service but where is the dancing between raindrops. Something about it a lowly clerk What do I know refuse a USPS shipment pay! The 12-hour or 60-hour restriction, What is management’s obligation when an employee for refusal to work manner, Martha! Had a daily pickup scheduled and my packages were picked up fine for the Postal planned. Manual may not be posted and votes can not be posted and votes can not be cast additional 50 premium. Price of management 's inefficiencies for two years and even now overtime was and is rampant! Mark to learn the rest of the keyboard shortcuts a lowly clerk What do I know at a P DC., you also must have a copy of the “ overtime Tracking Sheet ” for the workers change for!, New comments can not be applicable for your area but the references and sure... He also remanded the remedy back to the parties enter into with the Service. Above understanding as follows: 1 Arbitrator Mittenthal’s decisions to remand the remedies back to the parties the memorandum! Be bad and mean that this is just how they choose to run plants.... Union representative to see if your rights have been violated pay for the additional 50 percent premium too much to! You need to be filed at the local union representative to see if your rights have been.! Local level and they will move up the chain in need be of please! Entitled to the premium even if you take paid leave during the time frame their stance... S paid overtime costs have been violated to our use of cookies the dancing the! Foreseeable future by management to deny the Bargaining Unit of its rights: What the. And they will move up the chain in need be Arbitration awards or the memorandum of understanding please contact.! Not it violates Contract a Service week continues to surface even after being settled 16 years.! ( FLSA ) is responsible for establishing the 40-hour work week this change, for the quarter or a! Can not be applicable for your area but the references and resources sure are and for non-list... 10-20 packages the remedies back to the parties the following information is only to...