January 01, 2017 - Timothy Mulvenna
I just wanted to reach out to all of the members to remind them of the language in Article 8 concerning the forcing of overtime for non-odl carriers. Article 8.5D "Mandatory Overtime" states "One purpose of the Overtime Desired List" is to excuse full-time carriers not wishing to work having to work overtime. It further states "Before requiring a non-ODL carrier to work overtime on a non-scheduled day or off his/her own assignment on a regular scheduled day, management must seek to use a carrier from the ODL even if the ODL carrier would be working penalty overtime"
There are limited circumstances when non-ODL carriers can be forced to work overtime however. Article 8.5D also states If the overtime desired list does not provide sufficient qualified full-time for overtime, management may move off the list and require non-ODL carriers to work overtime on a rotating basis starting with the junior employee. It also states "Management may seek non-ODL volunteers rather than selecting non volunteers on the basis of juniority". In recent years however, management has abused this article and violated the parameters set forth in Article 8 when using non-ODL carriers to work overtime. This has lead to an increased volume in grievances.
Article 8.5g sets the parameters for forcing non-ODL employees. It states "Full-time employees not on the 'Overtime Desired' list may be required to work overtime only if all available employees on the 'Overtime Desired' list have worked up to 12 hours in a day or 60 hours in a service week." That said management has made the "Window of Operation" (WOO) argument when they violate Article 8. With this argument, management cites "simultaneous scheduling to meet the window of operation". Management attempts to say they need all carriers back, with their collection mail, prior to the final dispatch truck. At times this has been a legitimate argument with arbitrators buying into this argument. However, management must establish this so called window of operation and stick to it. For example management cannot schedule carriers on the ODL until 8:00 one night and then schedule until 6:00 the following night citing "Window of Operation". If a WOO is established, they must adhere to it on a daily basis or lose the right to argue WOO. The union would also look to see if management reasonably utilized the supplemental work force (CCA).
As a union, we must monitor these overtime situations on a daily basis. If you are forced to work overtime as a non-ODL carrier , you must report it to your steward as soon as possible. In turn your stewards must request the necessary documentation to investigate and ensure management has complied with Article 8 . If you are unsure if a violation has occurred please call our local union hall.