Dominator
Well-known member
No.If mgmt is “forcing“ carriers to work off the clock, that is a grievance. BUT if Carriers do it on their own, there is no grievance. You cannot file against another carrier, only against mgmt.
It doesn't matter if a carrier does it on their own or are directed to work off the clock. "Disallowed workhours" are still workhours. It's a grievance on management's failure either way.
Scroll down to ELM 432.71, Control.
Supervisors should ensure that employees do not remain on the clock unless they are specifically authorized to do so. Where employees continue to work contrary to instructions from a supervisor to clock out, the corrective action must be a procedure other than not compensating the employees for work performed.
Management's failure to control workhours is at least an MOU 14 violation.
In addition, the DOLs FLSA Hours Worked Advisor states:
It is the duty of management to exercise control and see that work is not performed if the employer does not want it to be performed. An employer cannot sit back and accept the benefits of an employee’s work without considering the time spent to be hours worked. Merely making a rule against such work is not enough. The employer has the power to enforce the rule and must make every effort to do so. Employees generally may not volunteer to perform work without the employer having to count the time as hours worked.
"The employee volunteered" is not a viable excuse. A "volunteer to work" is not a "volunteer to not be compensated".
In the case that it were, management compounds the issue by bypassing the union or "direct dealing" with a member of the bargaining unit instead of the union, and ultimately agreeing to consider those hours as:
1) non-recordable workhours, AND;
2) non-compensable workhours
That would be another violation in itself.