Thanks,that is a good idea. I had brought this up at the last union meeting,and the union says that they can work regular carriers past 12 hours,but that is when our overtime kicks in,and they are being told that absolutely no overtime and absolutely no help for the regulars in our district. However,RCA's cannot be worked past 12 hours. I just don't understand this concept.
It’s all FLSA rules that were created for the Rural Craft. Regular Carriers can work over 12 hours/day or 56/week then Overtime Pay starts. Hours worked that are already paid as Overtime does not count in the 12 nor the 56.
You cannot make sense of it. The contract says that they cannot work RCAs more than 12 hours. Since when do they abide by the contract? They try, and do work rcas over 12 hours and its up to the rcas to file a grievance. Sometimes, by the time you notice they didn't pay you right, it's past the 14 day mark to file a grievance. This is the new way of doing business. Management does it anyway and forces us to fight back, knowing not everyone wants to fight. Why aren't we getting overtime for any time after our eval?
Earned AL is paid out & SL is credited as “time” but only as a portion.
Yes, minus the RCHBP. But you would still need to select a "new" insurance because each agency foots a different portion of the premium.
Throw the problem back to the supervisor and let them make the decision as to whether to pay you overtime or send help, bring you back, etc. That way it's THEIR problem and decision, and you stay out of conflict. Our carriers are instructed to contact the supervisor by 4 pm latest if they're going to be out past dispatch. If they know before departure they've got a heavy load and that's going to happen, they give the supervisor heads up (they just HATE surprises!) but it gives them choices so you don't have to stress over having to make a decision.
We have language in 8.3.B on how Hourly overtime is paid & it references FLSA rules. Those pay rules are in 9.2.A.1 giving Regular Carriers when payment is warranted & how it’s paid. That allows Regs to work over 12/day or 56/week. h There seems to be no need for a defined interpretation in our Contract as there is no “explanation” in the RCAM on this.In your research, did you determine the first exception to ELM 432.32's 12-hour restriction is not applicable to regular rural craft employees? If so, how?
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I agree that all hours a regular rural carrier actually works over 12 in one service day is paid as FLSA Overtime (150% x hourly rate) as opposed to some different specified rate or term associated with a rate (e.g., penalty overtime).
However, that applied rate only answers what compensation rate a regular rural carrier must receive if they actually work greater than 12 hours in a service day. It does not relieve management from their ELM 432.32 obligation to keep regular rural craft employees from working over 12 hours in a service day.
The first exception in ELM 432.32 restricts "working greater than 12 hours in a service day" by default unless the NRLCA agreement designates otherwise, and I've seen nothing that "designates otherwise."
If such designation existed, it wouldn't be placed with FLSA payment rules under Article 9, Compensation, Salaries, and Wages, but instead would be in Article 8, Hours of Work.
Additionally, since the general rule from ELM 432.32 restricts, that would require a specific rule to permit, and such specific rule would need specifically expressed and not implied. This notion is seen in the other union's agreements.
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If I've overlooked something, I hope you or someone here would point it out.
Payment is always warranted for hours worked. The federal minimum under FLSA warrants at least 150% of the regular time rate.
As for RCAM positions, I disagree that the absence of a defined interpretation is equivalent to no interpretation needed. If that were the case, (I'm not asserting you believe it is or isn't) then the "interpretation" qualifier of 15.2 would need striken, and the "living document" nature of the RCAM would fall to the ground, as it would never need updated.
Of course. I agree in that sense, they aren't equivalent based on their codification, however, on specific bargaining subjects (such as "Hours of Work" or "Compensation, Salaries, and Wages", or "Leave") each union will place the agreement related to that subject as it impacts its bargaining unit under its appropriate major title, regardless of the number of the article. I referenced the other craft agreements on those subjects because ELM 432.32 equally affects each bargaining unit and their decision in negotiations to remain silent and maintain the restriction, or agree on a bypass.
S/L and A/L carry over. The only thing lost is seniority.
lol you could put a zero after that 1
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Are you saying that what is on LiteBlue DOES NOT match what is on the 4240 and / or RRECS clock in and out scans ?
Some of us should check this also to see if it's commonplace or only isolated
It’s spot on for me, but I am hourly until October. They better not to try and cheat me pay heads will roll.
