Working Off the Clock
As I have been making the rounds of my offices to talk about the new tentative agreement, I have noticed some employees working off the clock. When I notice this, I informed Management they have to stop the employees from doing so. I informed the Supervisors they must make sure the carriers stop the practice or the Union will file a grievance against Management for violating the contract. The Supervisors are taking a blind eye toward the incident as it helps them meet their goal of getting the carriers out in 60 minutes.
For the life of me I cannot understand why anyone would work for free. All they are doing is showing that their routes are less than 8 hours and Management will add time to the assignment(s). Over the years we have gone through Route Count and Inspections where assignments have been lost or routes have been given additional street time. We have had a few offices undergo TIAREAP and routes were adjusted through that system as well.
Some of you may not be aware that Management is planning on conducting Route Count and Inspections next year. When routes are evaluated, Management can use either your 8-week average or the week of inspection, whichever best represents the route. So don’t make it easy for them to add to your route.
The National Contract has language that specifically states Management should not allow employees to work off the clock; this includes allowing employees to work through their breaks. The National Agreement states in part:
K. Supervisors shall not require, nor permit, employees to work off the clock.
Rest Breaks. National Arbitrator Britton ruled that the Postal Service must ensure that all employees stop working during office break. Contractual breaks must be observed and cannot be waived by employees. (H4N-3D-C9419, December 22, 2=1988, C-08555)
Luckily, I only observed this practice in a small number of my offices, and I got it stopped; however, it shouldn’t even happen in one. I’m sure there are other offices where this is being done and Management is allowing these roadrunners, to violate the contract. Either Management is allowing carriers to work off the clock (thereby receiving no pay for work performed) or carriers are volunteering to do it. IN EITHER CASE IT IS WRONG AND IT MUST STOP!
This situation is simple to correct- file a grievance. Any carrier willfully performing work without being paid is not only violating the National Contract, but they are also hurting their fellow carriers. Why work for free when you should get paid for what you are worth?
When any Letter Carrier works off the clock several adverse situations occur.
First when a carrier works off the clock or during a stand up talk the time is not credited as time allotted for the assignment/ route. Therefore, the time for the talk or the work done off the clock will not be included for the daily time for the route. information will not in all probability be able to properly adjust the route. In essence the carrier who works off the clock has successfully taken time away from the route that cannot be accounted for. This not only hurts the carrier assigned to the route but the overall office as well. This includes potential Full Time Carriers (Part Time Flexibles PTF’S and City Carrier Assistants CCA’s) wishing to become Career.
The second adverse thing that occurs when a carrier works off the clock it may deprive other carriers (PTF’s or CCA’s) of having an 8-hour day/ 40-hour week and possible overtime. This occurs because the hours a carrier works off the clock does not get recorded as Work Hours and less assistance is used in the office. When less assistance is used in an office then actually needed more auxiliary assistance is available thus fewer hours are available for the Overtime Desired List (ODL) or Work Assignment Carriers. In addition to that, carriers who work off the clock may contribute to more pivoting either in the office or street. This is due to work that was done on a route off the clock preventing the route from having an 8-hour day. This may force a carrier on a route to have insufficient work on their assignment for an 8-hour day consequently making them have to work on another assignment.
Lastly any carrier who works off the clock discredits the hard work of other carriers. It will appear that they have a better performance than all the other carriers who do not undermine their wages and work rules.
The Union negotiates wages and work rules. They are agreed to by the United States Postal Service. No one should violate these rules. Shop Stewards must enforce the contract, but it is everyone’s responsibility to protect these rules. If you are working off the clock STOP IT NOW! Any carrier who knows of another carrier working off the clock should inform their Steward. The Shop Steward in turn should inform the Supervisor. The Supervisors need to follow the National Contract. If Management fails to do their job, then file a grievance in accordance with Article 41.3K to stop the carrier(s). Those who are still working off the clock can expect the above action if they do not stop after a successful grievance has been filed. As stated above, your Supervisor will attempt to discipline you so heed my warnings.
I want to take a moment and wish everyone a Happy Thanksgiving, Merry Christmas, Happy Chanukah, Happy Kwanzaa and a Happy New Year.