Steve:  this is where we were when we stopped.  I’ll let you know when I have something more definitive.  (Or, maybe we’ll both be retired and won’t care any more.)

 

 

Listed below are the rules you can quote to the unions and employees.  Here’s the long and short of it:

 

1. Did the employee ask for more hours and wants to go to some other office? 
   1. Yes - don’t send them more than 50 miles away.
   2. No – find someone who wants to work.
   3. Make sure that there is at least a two-hour break from the time finished in one office and the time started in another.
   4. If the two hour break occurs, no driving time is paid.  The employee gets the difference between the mileage of the normal commute and the new commute, if the new commute is farther. 

 

2. Who pays for the mileage and the driving time if the two-hour rule was not followed?
   1. Mileage – the giving office PM signs the etravel for the traveler.  All offices are given plan to meet travel costs so there is no adverse effect to the office.
   2. Hours – the receiving office pays the travel time.  It’s nearly always in the best interests of the receiving office to NOT have a clerk travel for more than one hour.

 

 

3. What is the time span that can be used?
   1. PTF clerks must have a daily schedule completed within 12 hours.  That is, if the clerk starts at 7AM in one office, they should be done working for the day by 7PM in a second office.
   2. Full-time clerks must have a daily schedule completed within 10 hours.  That is the clerk must work 8 hours within a 10 hour clock time.

 

                

The following lists the relevant quotes from the ELM and F-21 timekeeping handbook.

 

 

ELM

 

438.11 Definitions Definitions relevant to pay during travel or training include the following: a. Travel time - time spent by an employee moving from one location to another during which no productive work is performed and excluding the normal mealtime if it occurs during the period of travel. b. Local commuting area - the suburban area immediately surrounding the employee's official duty station and within a radius of 50 miles. 438.12 Commuting To and From Work 438.121 Regular Commuting Commuting time before or after the regular workday between an employee's home and official duty station or any other location within the local commuting area is a normal incident of employment and is not compensable. It is not compensable regardless of whether the employee works at the same location all day or commutes home after the workday from a location different from the one where the workday started. 438.122 Commuting to a Different Worksite Commuting time to and from work is not compensable when an employee is called back to work after the completion of the regular workday. However, such commuting time is compensable if the employee is called back to work at a location other than his or her regular work site. 438.123 Commuting With a Break in Duty Status When an employee is employed to work on a permanent basis at more than one location in the same service day, the time spent commuting between the locations is not compensable travel time, provided there is a break in duty status between the work performed in the different locations. A break in duty status occurs when an employee is completely relieved from duty for a period of at least 1 hour that may be used for the employee's own purposes. This 1-hour or greater period must be in addition to the actual time spent in travel and the normal meal period, if the normal meal period occurs during the time interval between the work at the different locations. (See 438.132 for travel time between job locations when there is no break in duty status.) 438.13 Types of Compensable Travel Time 438.131 General The determination of whether travel time is compensable or not depends upon (a) the kind of travel involved, (b) when the travel takes place, and (c) the eligibility of the employee (see Exhibit 438.13). The three situations that may involve compensable travel time are described below. 438.132 Travel From Job Site to Job Site The following applies to travel from job site to job site: a. Rule. Time spent at any time during a service day by an eligible employee in travel from one job site to another without a break in duty status within a local commuting area is compensable. (See 438.123, which makes the travel time noncompensable as commuting time when there is a break in duty status between the work performed in different locations.) b. Eligibility. This type of travel time is compensable for all employees during their established hours of service on a scheduled workday. At all other times, this type of travel time is compensable only for FLSA-nonexempt employees who are entitled to receive overtime pay. Exhibit 438.13 Eligibility for Travel Time Compensation Type of Travel Scheduled Day Nonscheduled Day Within Established Hours of Service Outside Established Hours of Service Within Established Hours of Service Outside Established Hours of Service Job Site to Job Site All employees Employees entitled to receive overtime pay Employees entitled to receive overtime pay Employees entitled to receive overtime pay One-Day Assignment Outside Local Commuting Area All employees Employees entitled to receive overtime pay Employees entitled to receive overtime pay Employees entitled to receive overtime pay Away from Home Overnight All employees None All nonexempt employees None

From the F-21:

261.153 When an employee is employed to work on a permanent basis at more than one location in the same service day, the time spent commuting between the locations is not compensable travel time, provided there is a break in duty status between the work performed in the different locations. A break in duty status occurs when an employee is completely relieved from duty for a period of at least one hour that may be used for the employee's own purposes. This one hour or greater period must be in addition to the actual time spent in travel and the normal meal period, if the normal meal period occurs during the time interval between the work at the different locations. (See 261.162 for travel time between job locations when there is no break in duty status.)

261.162 Travel From Job Site to Job Site

a. Rule.

Time spent at any time during a service day by an eligible employee in travel from one job site to another without a break in duty status within a local commuting area is compensable. (See 261.153, which makes the travel time noncompensable as commuting time when there is a break in duty status between the work performed in different locations.)

b. Eligibility.

This type of travel time is compensable for all employees during their established hours of service on a scheduled workday. At all other times, this type of travel time is compensable only for employees entitled to receive overtime pay.

 

 

 

Judy,

 

I know we’re all bombarded with the crisis management right now.  The thread of messages below outlines the continuing issues with travel time/mileage associated with PTF loaners into Ft Dodge.

 

I suspect there is not total cooperation with the Postmasters and they will use any loop hole to keep their employees from having to go to Ft Dodge.

 

Could you have someone work with Ted’s team to establish a black and white guideline that pays people that which they are due. 

 

I am not sure why this postmaster would be lobbying with fellow postmasters rather than dealing directly with subject matter experts.  This is a District issue, not a Ft Dodge issue.

 

Thanks!

 

 

From: Mcguire, Thomas T - Algona, IA
Sent: Tuesday, June 24, 2008 12:37 PM
To: Brokens, Greg A - Alden, IA; Ketchum, Mark L - Eagle Grove, IA; Schaffer, Lori M - Manson, IA; St Peter, Jeffrey A - Sac City, IA; Reisdorf, Joy D - Webster City, IA; Bentley, Dixie A - Webster City, IA; Goodale, Tina R - Des Moines, IA; Buelt, Richard A - NEWELL, IA; Zwiefel, Daryle D - Humboldt, IA; Allen, Thomas J - Boone, IA; ROBERTS, CRAIG A - BOONE, IA; Ohlsen, Todd A - Ogden, IA
Subject: Travel time & mileage from home to Fort Dodge AMP

6/23/2008

 

Good Afternoon,

 

I am being asked why I am not paying for travel time to Fort Dodge when there is more than a two hour break and also why I am not paying the mileage from the employee’s home to the Fort Dodge AMP if it is more than from the Algona Post Office to Fort Dodge.

 

As you can see below I thought that the information from Des Moines Labor Relations would mean that we would pay both; however, nothing has come on in writing and our POOM, Ted, is instructing us not to pay the travel time at this time.

 

Please let me know if you have something in writing or if Ted, Mark Allen, and Doug Morrow have changed from what they told us at the meeting in Humboldt.

 

Sincerely,

 

Thomas T. McGuire  515-295-2203

Algona IA 50511

 

 

-----Original Message-----
From: Coulson, Ted - Des Moines, IA
Sent: Wednesday, June 18, 2008 2:21 PM
To: Mcguire, Thomas T - Algona, IA
Subject: RE: APWU grievance for travel time

 

Tom:

 

What does the ELM say? The Problem listed below says: travel time not paid for Sunday.

 

Correct me if I'm wrong, but if the clerk has been scheduled to work in Ft. Dodge that's just the same as them working in your office, no loss, no gain.

 

Wouldn't 438.121 Regular Commuting of the ELM cover this?

 

It states: “Commuting time before or after the regular workday between an employee's home and official duty station OR any other location within the local commuting area is a normal incident of employment and is not compensable. It is not compensable regardless of whether the employee works at the same location all day or commutes home after the workday from a location different from the one where the workday started.”

 

 

Ted

 

-----Original Message-----
From: Mcguire, Thomas T - Algona, IA
Sent: Tuesday, June 17, 2008 6:00 PM
To: Coulson, Ted - Des Moines, IA
Subject: FW: APWU grievance for travel time

 

 

6/17/2008

 

Good Afternoon Ted,

 

I received a grievance on 5/30/2008 from Ellen Black, PTF Clerk.

 

Problem:  Travel time not paid for Sunday, 5/18/2008.

Trip to Ft. Dodge is mandatory.

 

 

When I called Labor Relations, Des Moines, for my reply, Angie said we are obligated to pay the travel time when directed or scheduled to work in another Post Office.

 

Angie also said we will pay both the travel time and mileage from the employee's home to the other Post Office and not deduct their normal mileage and travel time to the Algona Post Office.

 

Please let me know if you want me to deny the grievance and send the information up to step 2 or to settle it locally.

 

Sincerely,

 

Thomas T. McGuire

112 N Minnesota St    515-295-2203

Algona IA 50511-9998