In a decision [PDF] issued Jan. 10, Arbitrator Shyam Das sustained the APWU’s position that full-time employees on the Overtime Desired List (OTDL) must be scheduled for overtime ahead of casual employees on overtime, even if the OTDL employees would earn penalty pay.
The ruling was issued in response to a 2007 national-level dispute initiated by the Postal Service regarding whether Article 8.5.H, which was negotiated as part of the 2006 Collective Bargaining Agreement.
The APWU asserted that the plain meaning of Article 8.5.H includes priority scheduling of OTDL employees regardless of the rate of pay the OTDL employee would receive.
The Postal Service contended that Article 8.5.H does not specify that priority scheduling of OTDL employees includes employees on penalty overtime. It asserted that the terms “overtime work” and “priority scheduled” are undefined.
Arbitrator Das rejected the Postal Service’s arguments, however, pointing out that, “’penalty overtime’ is still a form of ‘overtime’ and double time is simply a new type of ‘overtime’ rate.”
The USPS also claimed that past practices did not support the use of OTDL employees earning penalty pay ahead of casuals, but Arbitrator Das stressed that the record did not support management’s argument.
Arbitrator Das sustained the APWU’s position, noting “no compelling basis” existed to conclude that the parties “had a joint preference to work casual employees on overtime, rather than utilize OTDL employees on penalty overtime.”
could this include letter carriers?
Casuals? Does it also pertain to ptf’s scheduled to work 56 hours on weekly basis.
It says casual, how does this pertain to ptf’s- whom are scheduled to work 56 hours a week in a small station in which postmaster works 15 clerk hours a week.
How does this affect unassigned regulars not on the OTDL? Specifically, as an unassigned ET10 left over after plant closing can I be used for custodial duties, and in the place of custodians that are on the OTDL while the regular custodian is on annual leave? Have been once, and will probably continue for each Saturday that has a Federal holiday on Monday.
That’s because the CCA’S would take 3 hour to do 1 hours worth of work, so the Arbitrator deceided it was it the best interest to pay the full-time ODL Clerks Penalty overtime before a CCA would get any.
A very wise move sir, I see you moving on to higher and better things, maybe even the Supreme court of the USA
Big deal.
Like every other part of the contract, mgmt. will just continue to ignore this too, with absolutely no one held accountable.
Congrats OTDL holders…now let’s see if management actually follows Arbitrator Das’s comments. I doubt it as so many of the casuals are nothing more than dependents of management personnel and brown nosers who work there but don’t do anything, except brown nose management. So here come their kids….as I said before, thank you Arbitrator Das.