Article 8 Overtime
Q&A

The USPS and APWU have agreed to develop a set of Questions and Answers
related to Overtime.

1. What is the work week for a full-time regular in an office with less
than 100 full-time employees in the bargaining unit?

Response: Forty (40) hours per week, Eight
(8) hours per day within ten (10) consecutive hours.

2. What is the work
week for a full-time regular in an office with more than 100 full-time
employees in the bargaining unit?

Response: (40) Forty hours per week, (8)
eight hours per day within (9) nine consecutive hours.

3. What is an
employee's service week?

Response: The calendar week beginning at
12:01 a.m. Saturday and ending at 12:00 midnight the following
Friday.

4. What is an employee's service day?

Response: The calendar day on which the
majority of work is scheduled.

5. Can part-time
regulars have a work week consisting of less than (40) forty hours a week or
less than (8) hours a day?

Response: Yes

5A. Can a part-time
regular have a work week consisting of forty (40) hours per week or eight (8)
hours per day?

Response: NO

6. Does the
reference to scheduling "part-time" employees in Section 3 apply to both
part-time regulars and part-time flexible employees?

Response: No - The reference to scheduling
"part-time" employees "in accordance with the above rules" apply only to
part-time regular employees.

7. Can the schedule
of a part-time regular be permanently changed?

Response: Yes - Changes can be made in
accordance with operational needs, but such changes should not be made on a
day-to-day or week-to-week basis. Changes are accomplished through entry on
their Form 50.

8. When the
schedule of a part-time regular employee is permanently changed, is the
assignment reposted?

Response: No in clerk craft. Yes in the
Maintenance and Motor vehicle Crafts.

9. Are part-time
regular employees entitled to out-of-schedule overtime for work performed
outside their established schedule?

Response: No - part-time regular employees
are not entitled to overtime pay until the work performed exceeds 8 hours in a
day or 40 hours in a week. However, such employees should be worked the number
of hours recorded on their Form 50 since that represents a condition of
employment.

10. What is the
rate of pay for overtime work?

Response: One and one-half (1 1/2) times the
base hourly straight time, which includes COLA.

11. What is the
rate of pay for penalty overtime work?

Response: Two (2) times the base hourly
straight time rate, which includes COLA.

12. When does the
overtime rate of pay become applicable for regular workforce
employees?

Response: For work performed beyond eight
(8) paid hours in any one service day (postal overtime). Time and half is paid
for work outside a full time regulars bid hours, unless waived by a PS Form
3189 - request for Change of Schedule.

13. When does the
overtime rate of pay become applicable for casual and transitional
employees?

Response: For work performed beyond forty
(40) hours in any one service week (F.L.S.A. overtime).

14. What is
included in "paid hours" when calculating postal overtime
eligibility?

Response: Paid work hours and paid leave
hours.

15. Is
"out-of-schedule premium" considered "overtime"?

Response: No - It is a premium paid to
eligible full-time regular employees, at 50% of the employee's base hourly
rate, for time worked outside of, and instead of, their regular schedule, when
working on a temporary schedule at the request of management.

16. Is management
required to give the employee advance notice of the temporary schedule
change?

Response: Yes. Notice must be given to the
employee by Wednesday of the preceding service week. If such notice is not
given, the employee is entitled to work their regular schedule. Any hours
worked outside this schedule would be "in addition to" rather than "instead
of", and are paid as overtime hours worked.

17. Do "unassigned
regular" employees have a regular schedule.

Response: Yes. The first schedule assigned
to the employees in the "unassigned regular" status becomes the employee's
regular schedule.

18. Can the
schedule of an "unassigned regular" employee be permanently changed without
paying "out-of-schedule" premium?

Response: The only way to permanently change
the unassigned regular's schedule is by either the employee being a successful
bidder or being assigned by management to a residual vacancy in the
Maintenance and Motor Vehicle. In the clerk craft the hours many be changed
per Article 37 Section 4 B - during the initial 28 days and every 180
thereafter.

19. Does the
"out-of-schedule" premium provisions apply to all full-time bargaining unit
employees?

Response: Yes, except when the work schedule
of a "full-time flexible" employee is changed by Wednesday of the preceding
week.

20. When does the
penalty rate of pay become applicable?

Response:
1. If full-time employee is
required to work overtime on more than (4) of the employee's (5) scheduled
work days in a service week (e.g., if employee was required to work overtime
on his 5th day of work after working overtime on the preceding scheduled work
days, he/she would be entitled to penalty overtime pay for the overtime hours
worked on the 5th day).

2. If an employee works over 10 hours on a
regularly scheduled day (e.g., if employee worked 11 hours, said employee
would be entitled to (2) two hours at the time and one-half rate and 1 hour
overtime at the penalty rate).

3. If a full-time employee works over 8
hours on his/her non-scheduled day (e.g., employee works 10 hours on
non-scheduled day. Employee is entitled to 8 hours at time and one-half and 2
hours at the penalty rate).

4. If a full-time employee works over 6 days
in a service week (e.g., employee works the 2nd non-scheduled day of service
week. Employee is entitled to be compensated at the penalty rate for all hours
worked on the 2nd non-scheduled day).

5. If a part-time flexible or part-time
regular works over 10 hours in a service day or over 56 hours in a service
week.

It was discussed to take part-time regulars
out of #5 because it implies that part-time regulars can work overtime due to
the fact this would be extremely rare.

21. Are employees
entitled to penalty pay for overtime hours worked during the month of
December?

Response: No. Exclusion is for a four week
period and may encompass a short period during late November or early
January.

22. If two or more
rates (overtime or premium) appear applicable to the same hours worked, how is
the employee compensated?

Response: The employee is compensated at the
higher applicable rate.

23. Does the
Overtime desired list apply to part-time regular or part-time flexible
employees?

Response: No, the overtime desired list
applies only to full-time employees. Only in emergency or unanticipated
circumstances should the part-time regular's work hours be expanded beyond
their fixed schedule.

24. How is the
Overtime desired list established?

Response: By craft, section and/or tour in
accordance with Article 30, Local Implementation.

25. When may an
employee sign up on the Overtime desired list?

Response: Only during the two (2) week
period prior to the start of each calendar quarter.

26. Should an
employee who signs the OTDL indicate a preference for the amount of overtime
desired (10 or 12 hours)?

Response: Yes, employees who prefer to work
in excess of 10 hours on a scheduled day up to a maximum of 12 hours should
indicate said preference on the OTDL.

27. Can full-time
employees on limited or light duty sign up for the Overtime desired
list?

Response: Yes.

28. Is a full-time
employee on limited or light duty entitled to overtime?

Response: A full-time limited or light duty
employee's entitlement to overtime is dependent upon the employee's medical
limitations.

29. May an employee
request that his name be removed from the OTDL during the
quarter?

Response: Yes, however, management does not
have to honor the request on the day that the employee makes said request
(e.g., on Tuesday morning employee is advised that he will be required to work
2 hours overtime. Employee responds by stating that he requests that his name
be removed from the OTDL. Management does not have to honor the request on
Tuesday, but will honor request on Wednesday).

30. If an employee
signs up on the OTDL is he/she required to work overtime?

Response: Yes, however, Article 8, Section
5.E. provides for exceptions.

31. Is management
required to assign overtime to OTDL employees before utilizing a transitional
employee in excess of 8 work hours in service day and/or 40 hours in a service
week.?

Response: Yes, qualified and available
full-time employees on the appropriate OTDL will be selected to perform such
work.

32. Is management
required to assign overtime to OTDL employees before assigning overtime to
PTFs or casuals?

Response: No, management may assign overtime
to PTFs or casuals rather than utilize full-time regulars on the OTDL or work
assignment list.

33. Is the overtime
desired list used for Holiday scheduling?

Response: No, the OTDL is not used when
preparing the prescribed holiday schedule posting for holiday coverage. If the
need for additional full-time coverage is determined subsequent to the Holiday
schedule posting, then recourse to the OTDL would be
appropriate.

34. How is overtime
distributed to employees on the OTDL?

Response: Except in the Letter Carrier
Craft, employees are selected to work overtime from the appropriate OTDL, by
seniority, on a rotating basis.

35. May management
remove an employee's name from the ODL?

Response: No.

36. What is the
proper remedy when an APWU-represented employee who is on the OTDL is
improperly passed over in the selection for overtime work
assignments?

Response:
1. When, for any reason, an
employee on the OTDL, who has the necessary skills, is available, is
improperly passed over and another employee on the list is selected for
overtime work out of rotation, shall, within 90 days of the date the error was
discovered, be given a similar make-up overtime opportunity.
Should no
similar make-up overtime opportunity present itself within 90 days, the
employee who was passed over shall be compensated at the overtime rate for the
missed overtime period.

2. When, for any reason, an employee on the
OTDL, who has the necessary skills, is available, is improperly passed over
and another employee not on the list is selected for overtime work, the
employee who was passed over shall be paid for an equal number of hours at the
overtime rate for the opportunity missed.

37. Must all
employees on the OTDL be utilized 12 hours per day before an employee not on
the list works any overtime?

Response: Yes, except when there are time
critical processing needs that cannot be met unless non-list employees are
worked. At such time, list and non-list employees may be scheduled
simultaneously.

38. How are
full-time regular employees not on the overtime desired list scheduled to work
overtime when the OTDL does not provide sufficient people (does not include
"work assignment" overtime)?

Response: When full-time regular employees
not on the OTDL are needed to work overtime, they are forced on a rotating
basis beginning with the junior employee. In such circumstances management
may, but is not required to, seek volunteers from non-OTDL
employees.

39. Is the 60 hour
limitation (Article 8, Section 5.G.) an absolute bar to working full-time
employees beyond 60 hours in a service week?

Response: Yes, Article 8, Section 5.G.2.
does establish an absolute bar against employees working more than 60 hours in
a service week.

40. If management
violates the 12 hour or 60 hour restriction, what is the remedy for said
violation?

Response: In instances where this provision
is or has been violated and a timely grievance is filed the full-time
employee(s) 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. Additional compensation could be awarded if the 60 hour limit is
violated with impunity.

41. After a
full-time employee reaches 20 hours of overtime within a service week is
he/she still available for overtime?

Response: No. Once the employee reaches 20
hours of overtime within a service week, the employee is no longer available
for any additional overtime work.

42. What is management's obligation when an employee
reaches the 60th hour of work?

Response: The employee's tour of duty shall
be terminated once he/she reaches the 60th hours of work.

43. Does paid leave count toward the 12 and 60 hour work
limits?

Response: Yes.

44. Is an employee sent home in the middle of the tour on
a regularly scheduled day, because of the bar against employees working more
than 60 hours in a service week, entitled to be paid for the remainder of his
scheduled day?

Response: Yes, an employee having been sent
home on his regularly scheduled day before the end of his tour due to the 60
hour ceiling and having experienced no temporary change of schedule, must be
compensated for the hours he lost that day.

45. May overtime
desired list employees on annual leave immediately preceding or following
non-scheduled days be required to work on their off days?

Response:
1. Normally, employees on the
overtime desired list who have annual leave immediately preceding and/or
following non-scheduled days will not be required to work overtime on their
off days.

2. However, if they do desire, employees on
the overtime desired list may advise their supervisor in writing of their
availability to work a non-scheduled day that is in conjunction with approved
leave.

46. May an employee
opt to bring their name forward from one overtime desired list to another when
they are successful in bidding on a different tour or section?

Response: Yes, unless otherwise addressed in
the Local Memorandum of Understanding.

47. If a PTF
becomes a regular in the middle of a quarter as defined in Article 8, Section
5.A., may he/she sign the Overtime Desired List?

Response: The National Agreement does not
provide for signing the OTDL during a Quarter, unless in a unless otherwise
addressed in the Local Memorandum of Understanding.

48. May an employee
who was not on any overtime desired list at the beginning of the quarter place
their name on the overtime desired list when they are successful in bidding on
a different tour or section?

Response: No. They would be required to wait
until the next quarter sign up period, unless otherwise addressed in the Local
Memorandum of Understanding.

49. May a 204-B be
utilized in lieu of a bargaining unit employee for the purpose of bargaining
unit overtime?

Response: The parties have agreed that an
acting supervisor (204-B) will not be utilized in lieu of a bargaining unit
employee for the purpose of bargaining unit overtime. It was agreed as well
that the PS Form 1723 will determine the time and date an employee begins and
ends a detail and that an employee detailed to an acting supervisory position
will not perform bargaining unit overtime immediately prior to or immediately
after such a detail, unless all available bargaining unit employees are
utilized.

50. Does "Holiday
Worked Pay" count towards the 56 and 60 hour work limits?

Response: No. "Holiday Worked Pay" is a
premium paid to eligible employees for hours worked on a holiday. However,
since employees are given credit for paid leave on a holiday, the "Holiday
Leave" time would count toward the 56 and 60 hour limits.

51. What is the
minimum number of hours a part-time flexible employee can be scheduled or
requested to work in a service day?

Response: In facilities with 200 or more man
years no longer have PTFs. Employees in all other facilities are guaranteed 2
hours.

52. Can an employee
work less hours than the contractual guarantees provided for in Article 8,
Section 8?

Response: Normally no. 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 the guarantee in case of personal illness or
emergency.

53. Does the number
of overtime hours an employee is requested to work at the end of a regularly
scheduled day become a guarantee?

Response: No. Employees only work overtime
for the period of time they are needed.

54. When an
employee is called in to work overtime on their non-scheduled day, are they
contractually guaranteed to work their bid position?

Response: No. Employees called to work on a
non-scheduled day only have a work hour guarantee.

55. When does the
part-time flexible guarantee take effect?

Response: When the employee reports to work
as scheduled. No guarantees apply when the PTF is notified prior to reporting
to work that the previously scheduled work day is canceled.

56. Can a part-time
flexible employee be returned to work on the same day without incurring
another guarantee period?

Response: Yes. When a PTF employee is
notified prior to clocking out that he/she should return within two hours,
this will be considered a split shift and no new guarantee applies. When a
part-time flexible employee, "who has completed guarantees" prior to clocking
out, is told to return after two hours, that employee must be given another
minimum guarantee of two hours work or pay.
All part-time flexible
employees who complete their assignment, clock out and leave the premises
regardless of interval between shifts, are guaranteed four hours of work or
pay if called back to work. This guarantee is applicable to any size
office.

57. Does a
part-time flexible employee have a guaranteed number of hours per pay
period?

Response: Yes. In offices with 200 or more
man years of employment, part-time flexible employees are guaranteed a minimum
of 4 hours per pay period. In all other offices, they are guaranteed a minimum
of 2 hours per pay period, to stay in compliance with the intent of Article 6
of the National Agreement.

58. Does a full
time regular receive penalty pay if LWOP was used during regular work
hours?

Response: Penalty pay is based on work or
paid leave hours. Therefore penalties would not be paid but time and one half
is paid for hours worked by a full time regular outside bid hours unless
waived by a change of schedule PS 3189. Penalty is paid for the working the
second non scheduled day if the employee was worked or was on paid leave each
regular work day.

Home

Webmeister
Jennifer Amos. © Western Michigan Area Local
E-mail [email-masked] with comments or
suggestions