USPS Using Temporary Schedule Changes To Avoid Paying Employees Overtime
It appears management officials in many USPS offices across the country are using “temporary schedule changes” to avoid paying Postal Employees overtime. There are also reports that USPS is using Full-time Regular employees like Part-Time Flexibles. Here are two Western Region grievance settlements “Temporary Schedule Changes to Avoid Overtime (PDF)” that may be of interest to readers which states:.
“Management may not schedule employees for the purpose of intentionally circumventing overtime desired list provisions.”
“Management initiated temporary schedule changes should be the exception rather than the norm, and not on a regular or recurring basis. These schedule changes are to be made for a pre-determined duration and used to cover operational needs.”
Out of Schedule Premium Pay
Out-of-schedule premium is paid to eligible full-time bargaining unit employees when they work on a temporary schedule at the request of management.
Notice of a temporary schedule change must be given to an employee by Wednesday of the preceding service week. If the notice is timely, the employee’s work can be limited to the hours of the revised schedule. Out-of-schedule premium is paid for hours worked outside of, and instead of, his or her regular schedule.
Noncompliance with the Notification Requirement:
If notice of a temporary schedule change is not given to the employee by Wednesday of the preceding service week, the employee is entitled to work his or her regular schedule. Hours worked outside of the employee’s regular schedule are then not worked “instead of” but “in addition to” the regular schedule. The additional hours worked are not considered out-of-schedule premium hours but overtime hours worked in excess of eight hours per service day or 40 hours per service week.
Eligible employees do not receive out-of-schedule premium when any of the following conditions apply:
Training – Employees attending a recognized training session.
Request of Employee – The employee requests the schedule change for personal reasons. The employee’s supervisor and shop steward or other collective bargaining representative must agree to the change. The employee is responsible to complete PS Form 3189, Request for Temporary Schedule Change for Personal Convenience, and obtain all required signatures.
Request of Employee – The employee requests changes to accommodate intermittent leave or a reduced work schedule for family care or a serious health problem of the employee. (See FMLA.)
Tardiness – The employee is allowed or directed to make up time missed because of tardiness in reporting for duty.
Detail Assignments – When the employee is detailed to:
- Postmaster position as officer-in-charge
- Ad hoc position that requires an irregular schedule when the employee applied and was selected for it
- Any non-bargaining position, if the employee is in the clerk, maintenance, motor vehicle, or materiel support craft
- Bargaining or non-bargaining position in grade 19 or above
source for portions of this article: USPS, APWU