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

Please feel free to comments on the area you have concern with. If possible list the problem in question form and the solution in answer form. Below are an example of questions and answers being prepared and used in many situations already.

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 of employment, the guarantee is 4 hours. 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.

Send Any Questions or Comments to:

Bobby Donelson
National Representative at Large
Maintenance Division
APWU, AFL-CIO