Overtime . . . The Epidemic
How to Track and Verify Overtime Equitability
Overtime has become an epidemic in Kalamazoo with grievances being filed in many units in
nearly every quarter. One thing to keep in mind when you are tracking overtime is that for
one, it is not nearly as hard as Kalamazoo has made it over the past several years. It is
unfortunate, but it seems the reason these violations continue to occur (Nearly $110,000 paid
in overtime grievances in the past three years) is because our supervisors have not been
properly instructed to know what is chargeable/trackable and what is not.
The NALC asks for the overtime list at the end of every quarter and typically, what is delivered
to the steward is a list of numbers. If these numbers are close, (Branch #246 considers a 10
hour variance as close) we usually will not ask for more information, so long as they have
made an honest effort; as I will describe below. If the numbers provided are not close, we
(Branch #246) will require some justification for the disparity from management.
If overtime and opportunities are consistently tracked, overtime grievances will likely disappear,
or at least be minimized to ‘make-up’ opportunities only. We suggest that supervisors post an
updated overtime desired list daily; weekly at the very least. Verifying the OT list as it happens
will help settle most, if not all disputes, prior to the end of the quarter.
If an overtime list letter carrier refuses overtime; they must be charged! If they are high on the
list; they must be charged. If they are low on the list; they must be charged. Supervisors must
be fair and honest while tracking refusals.
Below, are some frequently asked questions along with answers:
Q: If an overtime list carrier consistently works overtime on his/her route, can he/she be
charged those hours worked towards equitability?
Overtime worked on a letter carrier’s own route on a regularly
scheduled day is not counted or considered in determining whether
overtime has been equitably distributed among carriers on the list.
For example:
If I am on the OT list and consistently work 10 hours on my own assignment, the carriers on the
OT list will not have to be made equitable for my additional hours.
If I am working overtime on my own assignment, I am considered unavailable for overtime and
should be recorded as such.
Article 8.5.c.2.d states the following:
Additionally, overtime not worked because a carrier is working overtime
on his/her own route on a regularly scheduled day is not considered an
“opportunity missed” and is not made up to maintain equitability. This
is because the carrier was not available to work the overtime.
I mentioned earlier management must be fair and honest. This is very important as they track
missed opportunities and unavailability. When determining what they would have charged had
you been at work, they have to be fair, reasonable, and realistic.
For instance:
If the supervisor typically issues one hour pieces, only one hour should be recorded to a
carrier that is unavailable; assuming that person would truly be utilized if they were at work or
not working OT on their own assignment that day.
If overtime is abundant and it would be reasonable to consider two hours would be offered, it
should be recorded as such.
Article 8.5.c.2
National Arbitrator Bernstein ruled in H1N-5G-C-2988 (C-06364) that
in determining “equitable” distribution of overtime, the number of hours
of overtime as well as the number of opportunities for overtime must be
considered.
Q: Can OT list carriers be charged for working his/her non-scheduled day on a holiday?
A: Yes and no. The first eight hours on a non-scheduled day holiday is not chargeable
towards the tracking of the overtime desired list. However, all work over eight hours on a non-
scheduled holiday worked is chargeable.
Q: If I call an overtime list carrier on his/her non-scheduled day and they do not answer the
phone, can I charge them for eight hours?
A: No. Unless the letter carrier has refused overtime, they cannot be charged for not working
it. Branch #246 suggests the supervisor make a notation that a call was made and that the
carrier did not answer, making them unavailable. Again, the supervisor must be fair and
honest for tracking purposes.
Q: If a letter carrier is given an additional hour of overtime and they deliver it on ‘down-time,’
can management still charge them for a missed opportunity?
A: Maybe. If the carrier tells his/her supervisor that all the overtime offered on a given day will
be done on down-time, the answer is no. If this is not made known to the supervisor then yes,
the amount of overtime offered can be charged. It is the letter carrier’s responsibility to inform
his/her supervisor when the work offered can reasonably be performed on down-time.
Oftentimes, especially during the summer, down-time is available. If the supervisor is
attempting to equalize a carrier low on the list and offers one hour, the supervisor should
reasonably expect that hour will be completed on overtime. If the carrier completes expected
overtime on down-time and does not state that some or all overtime will be, they have
effectively taken away management’s right to manage. If a supervisor is attempting to equalize
the list and offers one hour, one hour should be charged. If the supervisor knows that hour will
be done on down-time, the supervisor may choose to give a carrier two hours in the hopes to
charge for one.
Q: Can I select any overtime list carrier to perform overtime, even if he/she is highest on the
list?
A: Management has the right to manage in accordance with Article 3 of the National
Agreement and can select anybody on the overtime desired list for the overtime necessary to
be worked on any given day. The only requirement is to ensure the overtime list is equitable
at the end of the quarter.
Q: If an overtime desired list carrier is on annual leave, sick leave, etc. can they be charged?
A: No. Carriers cannot be charged for being unavailable for overtime however; management
can and should annotate how much overtime they would have offered the carrier had they
been at work on a given day.
Let’s just say the following is a typical overtime tracking sheet:
Carrier A 44.00 hours
Carrier B 41.50 hours
Carrier C 38.00 hours
Carrier D 37.50 hours
Carrier E 33.00 hours
Carrier F 29.75 hours
If carrier ‘A’ is on annual leave and there is three hours of overtime to give away, typically one
hour of overtime will be distributed to each of the three carriers lowest on the list; carriers F, E,
and D. Carrier A would not likely be offered overtime if he/she was at work on this day,
therefore, no documentation is required for carrier A.
Let’s say carrier ‘D’ is on annual leave and five hours of overtime will be ‘handed out.’ If
overtime is issued in one hour segments, it should be noted that carrier ‘D’ was not available
for one hour on said date. Carriers F, E, C, B, and A will be awarded the one hour pieces of
overtime and charged accordingly. Carrier ‘D’ does not get ‘charged’ for not being available,
only documented as being unavailable for one hour. Again, management must be fair and
honest with the amounts of time they would have given a carrier had the carrier been at work.
Q: Can a carrier on the overtime desired list be charged for being unavailable due to a
change of schedule?
A: No. A carrier cannot be charged for being unavailable but documentation should be made
for the amount of overtime they would have been offered had they been available. As
mentioned above, documentation is only required if the carrier would have been utilized based
on need and his/her position on the list. (Remember: if a carrier fills out a change of schedule
they should not be working any overtime)
Q: If a carrier is given an early order, can they be charged for the overtime worked outside of
the normal schedule?
A: Not necessarily. If the carrier was given an early order to case on a route other than the
daily assignment, he/she can be charged for the overtime worked off their assignment.
However, if the carrier comes in and works only on his/her own route, this overtime is not
charged. As mentioned above, if the early order does not allow for the carrier to carry auxiliary
assistance due to being unavailable, management must notate the early order and the amount
they would have given them, had they been available.
There has long been some confusion as to whether carriers could or should be charged for
working overtime on their own route/assignment.
Not Counted Toward “Equitability.”
Article 8.5.C.2.d provides that “recourse to the Overtime Desired List is not necessary in the
case of a letter carrier working on the employee’s own route on one of the employee’s
regularly scheduled days.” As a consequence, overtime accrued by a carrier working on the
carrier’s own route on a regularly scheduled day is not considered or counted in determining
whether overtime has been “equitably” distributed among carriers on the list.
Additionally, overtime not worked because a carrier is working overtime on his/her own route
on a regularly scheduled day is not considered an “opportunity missed” and is not made up to
maintain equitability. This is because the carrier was not available to work the overtime. This
situation is controlled by the prearbitration settlement of H8N-5D-C l8624, July 1, 1982 (M-
00135), which states in relevant part:
1) Overtime worked by a letter carrier on the employee’s own route on
one of the employee’s regularly scheduled days is not counted as an
overtime opportunity for the purposes of administration of the
Overtime Desired List.
2) Overtime that is concurrent with (occurs during the same time as)
overtime worked by a letter carrier on the employee’s own route on one
of the employee’s regularly scheduled days is not counted as an
“opportunity missed” for the purposes of administration of the
Overtime Desired List.
Ultimately, if management documents and records properly, the total hours worked plus the
time missed due to being unavailable should be equitable at the end of a quarter.
Overtime has become an epidemic in Kalamazoo with grievances being filed in many units in
nearly every quarter. One thing to keep in mind when you are tracking overtime is that for
one, it is not nearly as hard as Kalamazoo has made it over the past several years. It is
unfortunate, but it seems the reason these violations continue to occur (Nearly $110,000 paid
in overtime grievances in the past three years) is because our supervisors have not been
properly instructed to know what is chargeable/trackable and what is not.
The NALC asks for the overtime list at the end of every quarter and typically, what is delivered
to the steward is a list of numbers. If these numbers are close, (Branch #246 considers a 10
hour variance as close) we usually will not ask for more information, so long as they have
made an honest effort; as I will describe below. If the numbers provided are not close, we
(Branch #246) will require some justification for the disparity from management.
If overtime and opportunities are consistently tracked, overtime grievances will likely disappear,
or at least be minimized to ‘make-up’ opportunities only. We suggest that supervisors post an
updated overtime desired list daily; weekly at the very least. Verifying the OT list as it happens
will help settle most, if not all disputes, prior to the end of the quarter.
If an overtime list letter carrier refuses overtime; they must be charged! If they are high on the
list; they must be charged. If they are low on the list; they must be charged. Supervisors must
be fair and honest while tracking refusals.
Below, are some frequently asked questions along with answers:
Q: If an overtime list carrier consistently works overtime on his/her route, can he/she be
charged those hours worked towards equitability?
Overtime worked on a letter carrier’s own route on a regularly
scheduled day is not counted or considered in determining whether
overtime has been equitably distributed among carriers on the list.
For example:
If I am on the OT list and consistently work 10 hours on my own assignment, the carriers on the
OT list will not have to be made equitable for my additional hours.
If I am working overtime on my own assignment, I am considered unavailable for overtime and
should be recorded as such.
Article 8.5.c.2.d states the following:
Additionally, overtime not worked because a carrier is working overtime
on his/her own route on a regularly scheduled day is not considered an
“opportunity missed” and is not made up to maintain equitability. This
is because the carrier was not available to work the overtime.
I mentioned earlier management must be fair and honest. This is very important as they track
missed opportunities and unavailability. When determining what they would have charged had
you been at work, they have to be fair, reasonable, and realistic.
For instance:
If the supervisor typically issues one hour pieces, only one hour should be recorded to a
carrier that is unavailable; assuming that person would truly be utilized if they were at work or
not working OT on their own assignment that day.
If overtime is abundant and it would be reasonable to consider two hours would be offered, it
should be recorded as such.
Article 8.5.c.2
National Arbitrator Bernstein ruled in H1N-5G-C-2988 (C-06364) that
in determining “equitable” distribution of overtime, the number of hours
of overtime as well as the number of opportunities for overtime must be
considered.
Q: Can OT list carriers be charged for working his/her non-scheduled day on a holiday?
A: Yes and no. The first eight hours on a non-scheduled day holiday is not chargeable
towards the tracking of the overtime desired list. However, all work over eight hours on a non-
scheduled holiday worked is chargeable.
Q: If I call an overtime list carrier on his/her non-scheduled day and they do not answer the
phone, can I charge them for eight hours?
A: No. Unless the letter carrier has refused overtime, they cannot be charged for not working
it. Branch #246 suggests the supervisor make a notation that a call was made and that the
carrier did not answer, making them unavailable. Again, the supervisor must be fair and
honest for tracking purposes.
Q: If a letter carrier is given an additional hour of overtime and they deliver it on ‘down-time,’
can management still charge them for a missed opportunity?
A: Maybe. If the carrier tells his/her supervisor that all the overtime offered on a given day will
be done on down-time, the answer is no. If this is not made known to the supervisor then yes,
the amount of overtime offered can be charged. It is the letter carrier’s responsibility to inform
his/her supervisor when the work offered can reasonably be performed on down-time.
Oftentimes, especially during the summer, down-time is available. If the supervisor is
attempting to equalize a carrier low on the list and offers one hour, the supervisor should
reasonably expect that hour will be completed on overtime. If the carrier completes expected
overtime on down-time and does not state that some or all overtime will be, they have
effectively taken away management’s right to manage. If a supervisor is attempting to equalize
the list and offers one hour, one hour should be charged. If the supervisor knows that hour will
be done on down-time, the supervisor may choose to give a carrier two hours in the hopes to
charge for one.
Q: Can I select any overtime list carrier to perform overtime, even if he/she is highest on the
list?
A: Management has the right to manage in accordance with Article 3 of the National
Agreement and can select anybody on the overtime desired list for the overtime necessary to
be worked on any given day. The only requirement is to ensure the overtime list is equitable
at the end of the quarter.
Q: If an overtime desired list carrier is on annual leave, sick leave, etc. can they be charged?
A: No. Carriers cannot be charged for being unavailable for overtime however; management
can and should annotate how much overtime they would have offered the carrier had they
been at work on a given day.
Let’s just say the following is a typical overtime tracking sheet:
Carrier A 44.00 hours
Carrier B 41.50 hours
Carrier C 38.00 hours
Carrier D 37.50 hours
Carrier E 33.00 hours
Carrier F 29.75 hours
If carrier ‘A’ is on annual leave and there is three hours of overtime to give away, typically one
hour of overtime will be distributed to each of the three carriers lowest on the list; carriers F, E,
and D. Carrier A would not likely be offered overtime if he/she was at work on this day,
therefore, no documentation is required for carrier A.
Let’s say carrier ‘D’ is on annual leave and five hours of overtime will be ‘handed out.’ If
overtime is issued in one hour segments, it should be noted that carrier ‘D’ was not available
for one hour on said date. Carriers F, E, C, B, and A will be awarded the one hour pieces of
overtime and charged accordingly. Carrier ‘D’ does not get ‘charged’ for not being available,
only documented as being unavailable for one hour. Again, management must be fair and
honest with the amounts of time they would have given a carrier had the carrier been at work.
Q: Can a carrier on the overtime desired list be charged for being unavailable due to a
change of schedule?
A: No. A carrier cannot be charged for being unavailable but documentation should be made
for the amount of overtime they would have been offered had they been available. As
mentioned above, documentation is only required if the carrier would have been utilized based
on need and his/her position on the list. (Remember: if a carrier fills out a change of schedule
they should not be working any overtime)
Q: If a carrier is given an early order, can they be charged for the overtime worked outside of
the normal schedule?
A: Not necessarily. If the carrier was given an early order to case on a route other than the
daily assignment, he/she can be charged for the overtime worked off their assignment.
However, if the carrier comes in and works only on his/her own route, this overtime is not
charged. As mentioned above, if the early order does not allow for the carrier to carry auxiliary
assistance due to being unavailable, management must notate the early order and the amount
they would have given them, had they been available.
There has long been some confusion as to whether carriers could or should be charged for
working overtime on their own route/assignment.
Not Counted Toward “Equitability.”
Article 8.5.C.2.d provides that “recourse to the Overtime Desired List is not necessary in the
case of a letter carrier working on the employee’s own route on one of the employee’s
regularly scheduled days.” As a consequence, overtime accrued by a carrier working on the
carrier’s own route on a regularly scheduled day is not considered or counted in determining
whether overtime has been “equitably” distributed among carriers on the list.
Additionally, overtime not worked because a carrier is working overtime on his/her own route
on a regularly scheduled day is not considered an “opportunity missed” and is not made up to
maintain equitability. This is because the carrier was not available to work the overtime. This
situation is controlled by the prearbitration settlement of H8N-5D-C l8624, July 1, 1982 (M-
00135), which states in relevant part:
1) Overtime worked by a letter carrier on the employee’s own route on
one of the employee’s regularly scheduled days is not counted as an
overtime opportunity for the purposes of administration of the
Overtime Desired List.
2) Overtime that is concurrent with (occurs during the same time as)
overtime worked by a letter carrier on the employee’s own route on one
of the employee’s regularly scheduled days is not counted as an
“opportunity missed” for the purposes of administration of the
Overtime Desired List.
Ultimately, if management documents and records properly, the total hours worked plus the
time missed due to being unavailable should be equitable at the end of a quarter.
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