ARTICLE 8

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• ARTICLE 8
• TRAINING

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ARTICLE 8 TRAINING

• Scenario 1
• Carrier A is not on the OTDL, management
  determines that 1 hour of overtime or auxiliary
  assistance is necessary. Carrier B is on the
  OTDL and is scheduled for 8 hours that day. Must
  management provide auxiliary assistance?

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ARTICLE 8 TRAINING

• Carrier A is not on the OTDL, management
  determines that 1 hour of overtime or auxiliary
  assistance is necessary. Carrier B is on the OTDL
  and is scheduled for 8 hours that day. Must
  management provide auxiliary assistance?
• Yes.
• JCAM Page 8-14
• the requirement to seek to use auxiliary
  assistance
• before requiring letter carriers not on the ODL
  or work assignment list
• to work overtime on their own route on a
  regularly scheduled day.
• Management must seek to use all of the following
  to provide auxiliary
• assistance
• casuals
• part-time flexibles at the straight-time or
  regular overtime rate
• transitional employees at the straight-time or
  regular overtime rate
• available full-time regular employees such as
  unassigned or reserve
• regulars at the straight time rate
• full-time carriers from the overtime desired
  list at the regular overtime
• rate

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ARTICLE 8 TRAINING

• Scenario 2
• Carrier A is not on the OTDL, management
  determines that 30 minutes of overtime or
  auxiliary assistance is necessary. Carrier B is
  the only OTDL carrier available and travel time
  to and from carrier As route will take 25
  minutes each way. Must management provide
  auxiliary assistance?

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ARTICLE 8 TRAINING

• Carrier A is not on the OTDL, management
  determines that 30 minutes of overtime or
  auxiliary assistance is necessary. Carrier B is
  the only OTDL carrier available and travel time
  to and from carrier As route will take 25
  minutes each way. Must management provide
  auxiliary assistance?
• No.
• JCAM page 8-15
• The memo goes on to state that the
  determination of whether management must use a
  carrier from the ODL to provide auxiliary
  assistance must be made on the basis of the rule
  of reason. For example, management is not
  required to use a carrier from the ODL when the
  travel time would be excessive for the amount of
  assistance being given.

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ARTICLE 8 TRAINING

• Scenario 3
• Carrier A is not on the OTDL, management
  determines that 1 hour of overtime or auxiliary
  assistance is necessary. All OTDL carriers are
  scheduled to work up to 10 hours that day. Must
  management provide auxiliary assistance?

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ARTICLE 8 TRAINING

• Carrier A is not on the OTDL, management
  determines that 1 hour of overtime or auxiliary
  assistance is necessary. All OTDL carriers are
  scheduled to work up to 10 hours that day. Must
  management provide auxiliary assistance?
• No.
• JCAM page 8-14
• However, the memo states that management does not
  have to use ODL carriers to provide auxiliary
  assistance if such an assignment would mean that
  the ODL carriers would be working penalty
  overtime. In that limited situationif no
  auxiliary assistance is available without going
  into penalty overtimemanagement can require
  full-time regular carriers not on the overtime
  desired list to work overtime on their own routes
  on a regularly scheduled day.

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ARTICLE 8 TRAINING

• Scenario 4
• All OTDL carriers have been scheduled to work 10
  hours. There are still 4 hours of assistance
  needed to cover all assignments. At this point
  may management assign the Non-OTDL carriers to
  work overtime off their assignments, or ask the
  Non-OTDL carriers to volunteer to work overtime?

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ARTICLE 8 TRAINING

• Scenario 4
• All OTDL carriers have been scheduled to work 10
  hours. There are still 4 hours of assistance
  needed to cover all assignments. At this point
  may management assign the Non-OTDL carriers to
  work overtime off of their assignments, or ask
  the Non-OTDL carriers to volunteer to work the
  overtime?
• No.
• JCAM Page 8-14
• Before requiring a non-ODL carrier to work
  overtime on a non-scheduled day or off his/her
  own assignment, management must seek to use a
  carrier from the ODL, even if the ODL carrier
  would be working penalty overtime. See Article
  8.5.D.

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ARTICLE 8 TRAINING

• Scenario 5
• All OTDL carriers have been scheduled to work 12
  hours, and PTF carriers up to 11.5 hours. There
  are still 4 hours of assistance needed to cover
  all assignments. At this point may management
  assign the overtime to Non-OTDL carriers, or ask
  Non-OTDL carriers to volunteer to work the
  overtime?

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ARTICLE 8 TRAINING

• All OTDL carriers have been scheduled to work 12
  hours, and PTF carriers up to 11.5 hours. There
  are still 4 hours of assistance needed to cover
  all assignments. At this point may management
  assign the overtime to Non-OTDL carriers, or ask
  Non-OTDL carriers to volunteer to work the
  overtime?
• Yes.
• JCAM page 8-15
• Mandatory Overtime. One purpose of the Overtime
  Desired List is to excuse full-time carriers not
  wishing to work overtime from having to work
  overtime. Before requiring a non-ODL carrier to
  work overtime on a non-scheduled day or off
  his/her own assignment on a regularly scheduled
  day, management must seek to use a carrier from
  the ODL, even if the ODL carrier would be working
  penalty overtime. However, if the Overtime
  Desired List does not provide sufficient
  qualified fulltime regulars for required
  overtime, Article 8.5.D permits management to
  move off the list and require non-ODL carriers to
  work overtime on a rotating basis starting with
  the junior employee. Management may seek non-ODL
  volunteers rather than selecting nonvolunteers on
  the basis of juniority. Normally, carriers not on
  the Overtime Desired List may not grieve the fact
  that they were not selected to work overtime.

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ARTICLE 8 TRAINING

• Scenario 6
• On Wednesday all OTDL carriers are scheduled to
  work up to 12 hours, with one exception. Carrier
  B is on the 12 hours list and is only scheduled
  to work 8 hours. Carrier B worked 12 hours
  overtime on Saturday, 4 hours overtime on both
  Monday and Tuesday. There is still one route
  left uncovered for a total of 5 hours of
  auxiliary assistance still needed. Can
  management assign the overtime to Non-OTDL
  carriers, or ask Non-OTDL carriers to volunteer
  to work the overtime?

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ARTICLE 8 TRAINING

• On Wednesday all OTDL carriers are scheduled to
  work up to 12 hours, with one exception. Carrier
  B is on the 12 hours list and is only scheduled
  to work 8 hours. Carrier B worked 12 hours
  overtime on Saturday, 4 hours overtime on both
  Monday and Tuesday. There is still one route
  left uncovered for a total of 5 hours of
  auxiliary assistance still needed. Can
  management assign the overtime to Non-OTDL
  carriers, or ask Non-OTDL carriers to volunteer
  to work the overtime?
• Yes.
• JCAM page 8-18
• the parties agree that excluding December, once a
  full-time employee reaches 20 hours of overtime
  within a service week, the employee is no longer
  available for any additional overtime work.

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ARTICLE 8 TRAINING

• Scenario 7
• Carrier A is on the OTDL and has worked 20 hours
  of overtime for the week, All remaining OTDL
  carriers are working the maximum amount of hours
  available. management determines that 2 hours of
  overtime or auxiliary assistance is necessary.
  Carrier B is the T-6 for carrier As route and is
  on the work assignments list. Can management
  mandate a Non-OTDL carrier to work carrier As
  overtime?

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ARTICLE 8 TRAINING

• Carrier A is on the OTDL and has worked 20 hours
  of overtime for the week, All remaining OTDL
  carriers are working the maximum amount of hours
  available. management determines that 2 hours of
  overtime or auxiliary assistance is necessary.
  Carrier B is the T-6 for carrier As route and is
  on the work assignments list. Can management
  mandate a Non-OTDL carrier to work carrier As
  overtime?
• Yes.
• JCAM page 8-18
• the parties agree that excluding December, once a
  full-time employee reaches 20 hours of overtime
  within a service week, the employee is no longer
  available for any additional overtime work.

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ARTICLE 8 TRAINING

• Scenario 8
• On Thursday all OTDL carriers have worked up to
  20 hours of overtime. When scheduling for the
  following day management determines that there is
  an insufficient number of carriers to cover all
  available assignments. Can management mandate
  Non-OTDL carriers to work their SDOs to cover
  the vacant assignments?

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ARTICLE 8 TRAINING

• On Thursday all OTDL carriers have worked up to
  20 hours of overtime. When scheduling for the
  following day management determines that there is
  an insufficient number of carriers to cover all
  available assignments. Can management mandate
  Non-OTDL carriers to work their SDOs to cover
  the vacant assignments?
• Yes.
• JCAM pages 8-15, 8-18 8-24
• However, if the Overtime Desired List does not
  provide sufficient qualified fulltime regulars
  for required overtime, Article 8.5.D permits
  management to move off the list and require
  non-ODL carriers to work overtime on a rotating
  basis starting with the junior employee.
  Management may seek non-ODL volunteers rather
  than selecting nonvolunteers on the basis of
  juniority. Normally, carriers not on the Overtime
  Desired List may not grieve the fact that they
  were not selected to work overtime.
• the parties agree that excluding December, once a
  full-time employee reaches 20 hours of overtime
  within a service week, the employee is no longer
  available for any additional overtime work.
• Waiving guarantees. The Step 4 settlement
  H4N-2D-C 40885, November 14, 1988 (M-00879)
  provides that Management may not solicit
  employees to work less than their call in
  guarantee, nor may employees be scheduled to work
  if they are not available to work the entire
  guarantee. However, an employee may waive a
  guarantee in case of illness or personal
  emergency. This procedure is addressed in the
  ELM, Section 432.63.

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ARTICLE 8 TRAINING

• Scenario 9
• Carrier A is not on the OTDL, management
  determines that 45 minutes of overtime or
  auxiliary assistance is necessary. Carrier B is
  the T-6 for carrier As route and is on the work
  assignments list. Who should be assigned to work
  the overtime for carrier A?

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ARTICLE 8 TRAINING

• Carrier A is not on the OTDL, management
  determines that 45 minutes of overtime or
  auxiliary assistance is necessary. Carrier B is
  the T-6 for carrier As route and is on the work
  assignments list. Who should be assigned to
  overtime for carrier A?
• Carrier B.
• JCAM page 8-20
• Carrier Technicians on the Work Assignment List
  are considered available for overtime on any of
  the routes on their string. Subject to the
  penalty overtime exceptions discussed above, this
  provision should be applied as follows
• A Carrier Technician who has signed for work
  assignment overtime has both a right and an
  obligation to work any overtime that occurs on
  any of the five component routes on a regularly
  scheduled day.

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ARTICLE 8 TRAINING

• Scenario 10
• Carrier A is on the OTDL, management determines
  that 45 minutes of overtime or auxiliary
  assistance is necessary. Carrier B is the T-6 for
  carrier As route and is on the work assignments
  list. Who should be assigned to overtime for
  carrier

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ARTICLE 8 TRAINING

• Carrier A is on the OTDL, management determines
  that 45 minutes of overtime or auxiliary
  assistance is necessary. Carrier B is the T-6 for
  carrier As route and is on the work assignments
  list. Who should be assigned to overtime for
  carrier A?
• Carrier B.
• JCAM page 8-20
• When overtime is required on the regularly
  scheduled day of the route of a carrier who is on
  the ODL and whose Carrier Technician is on the
  work assignment list, the Carrier Technician is
  entitled to work the overtime.

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ARTICLE 8 TRAINING

• THE FOLLOWING WILL APPLY TO THE
  NEXT SEVEN SCENARIOS
• You are in an office that has 10 routes, and is
  staffed with 12 full time regulars, 2 PTFs and
  one casual. 2 of the 12 full time regulars are on
  the 12 hour OTDL, and 2 are on work assignment.
  One of the carriers on the work assignment list
  is the T-6 for routes 1, 2, 3, 4 5. The
  remaining work assignment carrier is on route 3.
  You must assign the overtime for the next
  scenarios in accordance with Article 8.

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ARTICLE 8 TRAINING

• It is Saturday the first day in the new pay
  period. You determine that a total of 19 hours
  of overtime is needed to cover the duty
  assignments for the day. One OTDL carrier is on
  their SDO, and the other is on a regularly
  scheduled day The PTF is on AL for the day. The
  carrier on their SDO is taking 8 of the 19 hours
  leaving 10 hours remaining to cover. 8 of those
  10 hours are due to a vacant assignment. 2 hours
  are for routes on which the carrier is not on
  any overtime desired list.
• Route 1 OTDL carrier on SDO 10 hours OT
  Route 6 R needs 2 OT
• Route 2 R Route 7 T-6 needs 2 OT
• Route 3 R Route 8 R needs 3 OT
• Route 4 casual Route 9 R
  needs 1 hour OT
• Route 5 T-6 Route 10 R needs 1
  hours OT
• How do you schedule the overtime?

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ARTICLE 8 TRAINING

• Schedule the T-6 on work assignment for 2 hours
  overtime on route 1. The casual can be scheduled
  to carry the 3 hours from route 8. The remaining
  OTDL carrier will carry 2 hours from either route
  6 or 7. All other remaining OT will be carried
  by the regular carriers who are on their
  regularly scheduled day on routes 9 10 , and
  either route 6 or 7 depending on who received the
  auxiliary assistance. The OTDL is unable to
  provide any further assistance as they would be
  in a penalty situation. As long as the remaining
  overtime can be completed by the regular carrier
  on their regularly scheduled route on their
  regularly scheduled day no violation occurred.
• The casual is limited by the time restrictions
  contained in the ELM.
• ELM 432.32 Maximum Hours Allowed
• Except as designated in labor agreements for
  bargaining unit employees or in
• emergency situations as determined by the
  postmaster general (or
• designee), employees may not be required to work
  more than 12 hours in 1
• service day. In addition, the total hours of
  daily service, including scheduled
• workhours, overtime, and mealtime, may not be
  extended over a period
• longer than 12 consecutive hours. Postmasters and
  exempt employees are
• excluded from these provisions.

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ARTICLE 8 TRAINING

• On Monday the casual and 2 full time regular
  carriers, which includes the T-6 who is on the
  work assignment list call in sick leaving 2
  assignments vacant. You determine that a total
  of 21 hours of overtime to cover the vacant
  assignment and to complete the remaining approved
  overtime. How should the overtime be assigned?
• Route 1 R OTDL needs 2 hours OT Route 6
  (sick) needs 8 OT
• Route 2 R OTDL Route 7 R
• Route 3 R Route 8 T-6 needs 2
  hours OT
• Route 4 (sick) needs 8 hours OT Route 9
  R needs 1 hour OT
• Route 5 PTF Route 10 R

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ARTICLE 8 TRAINING

• The PTF on route 5 should be assigned to work to
  11.5 hours. The OTDL carrier on route 1 should
  be assigned an additional 2 hours of overtime.
  The remaining OTDL carrier on route 2 should be
  assigned an additional 4 hours of overtime.
  There are 9 hours of overtime remaining after
  utilizing all available auxiliary assistance. By
  juniority management should mandate carriers to
  cover the remaining overtime. The regulars on
  routes 8 9 will work their own overtime.
  Carriers on routes 3, 7 10 should be mandated
  to work 2 hours overtime each and the carrier on
  route 9 should be mandated to work the remaining
  ½ hour of overtime. Even though the carrier on
  route 9 is already working overtime on their own
  assignment the remaining carriers not on the OTDL
  are all working 10 hours. In accordance with
  Article 8.5. F
• 8.5.F F. Excluding December, no full-time regular
  employee will be required
• to work overtime on more than four (4) of the
  employees five (5)
• scheduled days in a service week or work over ten
  (10) hours on a regularly
• scheduled day, over eight (8) hours on a
  non-scheduled day, or
• over six (6) days in a service week.

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ARTICLE 8 TRAINING

• On Tuesday the regular carrier on route 6 calls
  in sick. The casual and PTF carriers are being
  used to cover routes 4 5 who are on annual
  leave for the day . You determine that a total
  of 15 hours of overtime or assistance is needed
  to cover the vacant assignment and to complete
  delivery of the remaining assignments. The PTF
  and casual each need an additional 3.5 hours to
  complete their assigned duties. How should the
  overtime be assigned?
• Route 1 R OTDL Route 6
  (sick) needs 8 OT
• Route 2 R OTDL Route 7 R
• Route 3 T-6 Route 8 R
• Route 4 casual needs 3.5 hours to complete
  Route 9 R
• Route 5 PTF needs 3.5 hours OT
  Route 10 T-6

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ARTICLE 8 TRAINING

• The two carriers on the OTDL split route 6 and
  work up to 12 hours. The casual and PTF are
  assigned to carry the extra 3 ½ hours on the
  route that they are carrying for that day.

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ARTICLE 8 TRAINING

• On Wednesday the carrier on route 4 calls in sick
  after his day of annual. The PTF is scheduled
  for route 6 and the casual is scheduled for route
  9. You determine that a total of 16.75 hours of
  additional time is necessary to cover all the
  assignments for the day. How should the
  overtime be assigned?
• Route 1 R OTDL Route 6 PTF
  needs 1.5 hours
• Route 2 R OTDL Route 7 R
• Route 3 R needs 2 hours OT Route 8 T-6
  needs 2 hours OT
• Route 4 (sick) needs 8 hours OT Route 9
  casual needs 1.25 hours
• Route 5 T-6 Route 10 R needs 2
  hours OT

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ARTICLE 8 TRAINING

• The T-6 scheduled for route 5 should be assigned
  to provide the 2 hours of assistance to route 3.
  The two OTDL carriers split route 4 and work up
  to 12 hours. The PTF is assigned to 2 hours on
  route 8 and the casual is assigned the 2 hours on
  route 10 in addition to the time it will require
  them to complete their respective assignments.

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ARTICLE 8 TRAINING

• On Thursday the casual carrier had an emergency
  and could not come to work. The carrier on route
  4 called in sick again. Additionally, you have
  determined that the OTDL carrier on route one has
  reached 20 hours of overtime for the week. You
  have determined that it will take 17.50
  additional hours to cover your assignments for
  the day. How should you assign the overtime?
• Route 1 R OTDL needs 2 hours OT Route
  6 T-6
• Route 2 R OTDL Route 7 R
• Route 3 PTF needs 3.25 hours OT Route 8 R
  needs 2 hours OT
• Route 4 (sick) needs 8 hours OT Route 9
  R needs 1 hour OT
• Route 5 T-6 Route 10 R needs
  1.25 hours OT

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ARTICLE 8 TRAINING

• The T-6 on route 5 should be assigned the 2 hours
  of overtime from OTDL carrier on route 1 as he is
  no longer available to work ANY overtime. 4
  hours of the vacant route 4 should be assigned to
  the remaining OTDL carrier bring his total to 12
  hours for the day. The PTF should be assigned to
  carry the 3.5 hours on his assignment for the
  day. The Non-OTDL carriers on routes 8, 9 10
  should be assigned to carry their own overtime.
  Then management will mandate by juniority the
  Non-OTDL carriers to cover the remaining 4 hours
  of the vacant assignment.

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ARTICLE 8 TRAINING

• On Thursday afternoon you begin planning for the
  Friday schedule. You are already aware that one
  of your OTDL carriers has reached 20 hours of
  overtime. The remaining OTDL carrier will be at
  18 hours by the end of the day and Friday is
  his/her non-scheduled day. The casual carrier is
  still out with an emergency and the carrier on
  route 4 is still out sick. The carrier on route
  5 will be attending the NALC convention and will
  not be at work on Friday.
• Route 1 R OTDL Route 6 T-6
• Route 2 T-6 Route 7 R
• Route 3 R Route 8 R
• Route 4 (sick) Route 9 R
• Route 5 PTF Route 10 R

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ARTICLE 8 TRAINING

• Since the OTDL carrier has worked 18 hours of
  overtime they would not be available to work an 8
  hour shift and management is not required to
  bring them in. The Non-OTDL carrier on route 6
  should be mandated to work their non scheduled
  day as there is no other assistance available.

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ARTICLE 8 TRAINING

• On Friday you mandated the non-OTDL carrier from
  route 6 to work the vacant route 4. However,
  there is still 15 hours of assistance needed to
  complete delivery of the mail and no carriers on
  the 10 or 12 hour list available to work
  overtime. How should you assign the overtime?
• Route 1 R OTDL needs 2 hours Route 6
  T-6 needs 1 hour
• Route 2 T-6 needs 2 hours Route 7 R
  needs 1 hour
• Route 3 R needs 1 hour Route 8 R needs
  1 hour
• Route 4 non-OTDL route 6 needs 9 hours Route
  9 R needs 1 hour
• Route 5 PTF needs 3.5 hours Route 10 R
  needs 1 hour

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ARTICLE 8 TRAINING

• The T-6 on route 2 should be scheduled to carry
  the 2 hours on route 1 for the unavailable OTDL
  carrier. Management will mandate by juniority one
  carrier to carry the 1 hour from the non-OTDL
  carrier on route 4 scheduled in on his SDO. All
  remaining overtime is carrier by the regular
  carriers on the route.

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ARTICLE 8 TRAINING

• Remedies for violations of Article 8.
• The following remedies were agreed to by the
  parties apply only to offices which do not have
  locally negotiated grievance settlements which
  require a higher monetary remedy.
• Under no circumstances should any settlement be
  made which provide for a higher monetary remedy
  than is identified in the JCAM or has been agreed
  to the Area parties without first consulting with
  Labor Relations.

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ARTICLE 8 TRAINING

• If for any reason, violations of the 12 and 60
  hour limits occur the appropriate remedy is an
  additional 50 of the regular straight time rate
  if a timely grievance is filed. The additional
  50 is the exclusive remedy for such violations
  and management under no circumstances should
  agree to anything is excess of that amount for
  these violations.
• Reference JCAM page
• The parties agree that with the exception of
  December, full-time
• employees are prohibited from working more than
  12 hours in a single
• work day or 60 hours within a service week. In
  those limited
• instances where this provision is or has been
  violated and a timely
• grievance filed, full-time employees will be
  compensated at an additional
• premium of 50 percent of the base hourly straight
  time rate for
• those hours worked beyond the 12 or 60 hour
  limitation.
• National Arbitrator Snow held in A90N-4A-C
  94042668, November 30,
• 1998 (C-18926) that the Memorandum of
  Understanding above (M-
• 00859) provides the exclusive remedy for
  violations of the 12 and 60
• hour work limits in Article 8.5.G.2.

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ARTICLE 8 TRAINING

• Without prejudice to our respective position on
  remedies, the undersigned agree that in those
  situations where a letter carrier is utilized for
  work that should have been assigned to an
  overtime desired list carrier or work assignment
  overtime desired list carrier, in violation of
  either the letter carrier paragraph of the
  National Memorandum of Understanding on Overtime
  or Article 8, Section 5.G of the National
  Agreement, normally the appropriate remedies will
  be to compensate the overtime desired list
  carrier at the appropriate rate for the missed
  opportunity and to compensate the inappropriately
  worked letter carrier an additional fifty per
  cent (50) of straight time for the amount of
  time inappropriately worked (we recognize that
  the National MOU, Re Article 8 provides
  normally no monetary remedy for a carrier
  improperly required to work overtime on his own
  route we have agreed that this exemption
  applies to circumstances that are not frequent
  and/or repetitive). We further agree that in such
  circumstances where such occurrences exist or
  have existed, the parties should normally apply
  these appropriate remedies at the earliest
  possible step of the grievance-arbitration
  procedure.
• It is further understood that either Regional /
  Area party may unilaterally discontinue this
  agreement by notification to the other Party in
  writing at any time.
• Connely / Hart Agreement 4-14-03

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ARTICLE 8 TRAINING

• SIMULTANIOUS SCHEDULING OF OVERTIME
• OPERATIONAL WINDOW

41
ARTICLE 8 TRAINING

• Article 3 gives management the exclusive right
• To direct employees of the Employer in the
  performance of official
• duties
• B. To hire, promote, transfer, assign, and retain
  employees in positions
• within the Postal Service and to suspend, demote,
  discharge, or take
• other disciplinary action against such employees
• C. To maintain the efficiency of the operations
  entrusted to it
• D. To determine the methods, means, and personnel
  by which such
• operations are to be conducted
• E. To prescribe a uniform dress to be worn by
  letter carriers and other
• designated employees and
• F. To take whatever actions may be necessary to
  carry out its mission
• in emergency situations, i.e., an unforeseen
  circumstance or a combination
• of circumstances which calls for immediate action
  in a situation
• which is not expected to be of a recurring
  nature.

42
ARTICLE 8 TRAINING

• The language in the Memorandum of Understanding
  Re Article 8, provides language were management
  may move off of the list and use non OTDL
  carriers to work overtime off of their
  assignments when OTDL carriers are working at the
  same time.
• JCAM page 8-26
• The new provisions of Article 8 contain different
  restrictions than the old , the new language is
  not intended to change existing practices
  relating to use of employees not on the overtime
  desired list when there are insufficient
  employees on the list available to meet the
  overtime needs. For example, if there are five
  available employees on the overtime desired list
  and five not on it, and if 10 workhours are
  needed to get the mail out within the next hour,
  all ten employees may be required to work
  overtime. But if there are 2 hours within which
  to get the mail out, then only the five on the
  overtime desired list may be required to work.

43
ARTICLE 8 TRAINING

• Arbitral authority has held that management is
  within their right to establish an operational
  window so long as its creation is based on valid
  operational constraints, efficiency and service
  standards. The establishment of an operational
  window can not be done simply to circumvent
  Article 8.
• For example if your last dispatch leaves your
  facility at 600 P.M. it would not be valid to
  establish the end of your operational window at
  430. A more supportable time frame to establish
  your window may be 530 P.M. or 545 P.M.

44
ARTICLE 8 TRAINING

• If attempting to argue an operational widow as
  part of a grievance you must supply all
  supporting documentation. At a minimum the truck
  schedules for the arrivals in the morning and
  departure in the evening of the transportation
  should be included. The pull down times for the
  clerks bringing the mail to the carriers should
  be included. Time records of the carriers showing
  their return times must also be included in the
  case file.

45
ARTICLE 8 TRAINING

• Management should be prepared to show that the
  window is based upon valid operational reasons
  such as the last dispatch of mail, that carriers
  consistently return by the close of he window and
  that all OTDL employees were gainfully employed
  during he same time frame. At a minimum at least
  every manager should know the time frame of the
  operational window in that facility, if all
  employees know it will improve your position in
  the case. If you are unable to document the
  basic evidence needed to be successful you will
  be unable to establish a valid window and will be
  unsuccessful in the grievance procedure.