Overtime Scheduling

The Union has recently received inquiries regarding the scheduling of overtime by management and how it affects the bargaining unit. The Mail Handlers National Agreement requires that those regular mail handlers who have signed the overtime desired list are to be selected first for overtime on a rotating basis. Article 8.5 C states,

“When during the quarter the need for overtime arises, full-time regular employees with the necessary skills having listed their names will be selected in order of their seniority on a rotating basis.” (Page 17)

The contract under 8.5 D adds,

“If the voluntary “Overtime Desired” list does not provide sufficient available and qualified people, the Employer shall assign other employees to the extent needed. When assigning such employees, the Employer shall first utilize qualified and available full-time employees in order of seniority, who have volunteered to work the required overtime after their scheduled tour for that day only or who have volunteered to work their nonscheduled day(s).” (Page 18)

Section D continues,

“If additional employees are still needed after application of the above, the Employer shall assign other employees as needed. To the extent practicable, an effort will be made to schedule available and qualified part-time flexibles and casuals for such work prior to requiring full-time employees not on the “Overtime Desired” list or “Full-Time Volunteer” lists to work such overtime.”

(Page 18-19)

The “Overtime Desired” list was in fact created to protect employees who did NOT want to work overtime by identifying those who did. The concern raised by part-time flexible mail handlers regarding management’s use of casuals to work overtime unfortunately does not rise to the level of a contractual violation for PTF’s. What may be a violation and something the Union continuously monitors is a violation under Article 7.1B, which requires that, 

“During the course of the service week, the Employer will make every effort to insure that qualified and available part-time flexible employees are utilized at the straight time rate prior to assigning such work to casuals.” (Page 13)

Certainly, part time flexible straight time hours are protected under the agreement however, only full-time regular employees have rights to overtime work prior to assigning such work to an employee not on the list.

                                                          John Gibson