You Can Go Home After 12 Hours- Peak Season Coming
- Thread starter DownFall
- Start date
Charlie Brown
Well-known member
Regular rural carriers are exempt from ELM 432.32.
The actual wording of that starts with "Except as designated in labor agreement for bargaining unit employees or in emergency situations and it ends with "Postmasters and exempt employees are excluded from these provisions"
Regular rural carriers are salaried employees with additional O/T wages when working over 12 hours. You may have won your grievance but it was probably due more to the safety issue than violating the ELM. I would strongly suggest anyone trying your approach to consider all possible outcomes.
The actual wording of that starts with "Except as designated in labor agreement for bargaining unit employees or in emergency situations and it ends with "Postmasters and exempt employees are excluded from these provisions"
Regular rural carriers are salaried employees with additional O/T wages when working over 12 hours. You may have won your grievance but it was probably due more to the safety issue than violating the ELM. I would strongly suggest anyone trying your approach to consider all possible outcomes.
gotstamps
Well-known member
The ELM 432 only applies to our Leave Replacements. Our National Agreement gives pay instructions for Regular Carriers that work over 12 hours in a day or 56 hours in a week. DO NOT put this ELM language on the Union Bulletin Board as it could get Regular Carriers in trouble.
Article 14.1 is mgmt’s responsibilities for a safe environment. It does not give carriers the right to refuse work. Article 14.2 lists the path to take to report unsafe conditions. Only if Direct Orders are given that are unsafe, unethical, or illegal can we refuse those orders.
The Arbitration case you cite does not apply to Rural Carriers therefore it cannot be used in an argument to refuse work over 12 hours.
I’m glad you won your case but this may not be the case for other Regular Carriers if they were to refuse to complete there route.
DownFall
Well-known member
**Corrected and carefully rewritten version for Rural Craft employees only (Regular Rural Carriers, RCAs, PTFs, Substitutes, ARCs, RCRs, Auxiliaries).**
This version has been revised to eliminate inaccuracies. The prior wording overstated the applicability of city-craft arbitration (Mittenthal C-06238) and the “absolute / cannot volunteer” language that does not control the rural craft. The corrected text aligns with the published ELM, the NRLCA National Agreement, official NRLCA National Board guidance, and standard rural practices.
**Important disclaimer (read this first)**
Nothing is 100% “foolproof.” Labor relations outcomes depend on the specific facts, documentation, and how the case is handled. Following the steps below, using the exact language recommended by the NRLCA National Board, documenting everything, and immediately involving your steward gives you the strongest contractual and safety protection available. Do not act alone if management pushes back—contact your NRLCA steward right away.
Core Rule That Applies
**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 work hours, overtime, and mealtime, may not be extended over a period longer than 12 consecutive hours. Postmasters and exempt employees are excluded from these provisions.”
The NRLCA National Agreement does **not** contain a designation that allows management to require leave-replacement rural craft employees (RCAs, PTFs, ARCs, RCRs, Substitutes) to work beyond this 12-consecutive-hour limit. Official NRLCA guidance states that management may not force RCAs (and other leave replacements) to work more than 12 hours in a day. Local staffing shortages are not an emergency determined by the Postmaster General.
For **Regular Rural Carriers** on the evaluated system, hours beyond 12 in a day trigger FLSA overtime pay under the National Agreement, but the safety provisions of Article 14 and the NRLCA’s longstanding position on refusing unsafe work still apply.
### 1. Verbal Script (Use at approximately hour 11–11.5 when you are fatigued)
“Supervisor / Postmaster, I am approaching (or have reached) the 12-hour consecutive daily limit under ELM 432.32. Due to severe fatigue I believe continuing to drive and deliver mail is a safety hazard to myself and the public. Under Article 14 of the NRLCA National Agreement and the NRLCA National Board’s longstanding position, I am not required to follow a direction that exposes me or others to physical danger. I am returning the remaining mail, documenting the situation, and ending my tour at the 12th consecutive hour. I will complete a PS Form 1767 reporting the unsafe condition.”
### 2. Written Documentation to Hand Over with Undelivered Mail
**Date:** ________________
**Rural Carrier Name / Designation:** _____________________ **Route #:** ___________
Pursuant to USPS ELM Section 432.32, I have reached (or am at) the maximum allowable consecutive daily service limit of 12 hours (including mealtime). I am bringing back the remaining mail due to extreme fatigue that creates an unsafe driving and delivery condition.
**Start time:** _______________
**12-hour consecutive limit time:** _______________
**Estimated mail returned:** _______ letters/DPS / _______ flats / _______ parcels / other: __________
I have completed (or am completing) PS Form 1767 reporting this as an unsafe condition. I am also documenting the undelivered mail on PS Form 1571 (or the local/rural equivalent). Any attempt to discipline me for exercising my safety rights under Article 14 will be grieved.
**Carrier Signature:** __________________________________________
**Copy provided to supervisor:** Yes / No (note time)
### 3. Pocket References (Show only if challenged)
- **ELM 432.32** (exact text above). The NRLCA National Agreement does not designate an exception allowing forced work beyond 12 consecutive hours for leave replacements.
- **NRLCA National Board Position** (official guidance): Management may not force RCAs to work over 12 hours per day. Rural carriers should **not** be required to follow a management direction if the carrier believes that following the order exposes them or others to physical danger or harm. Inform management you are not capable of completing additional duties without it becoming a safety hazard. Fill out a PS Form 1767, give it to your manager, notify your steward, and consider filing a grievance.
- **Article 14 (Safety and Health)** of the NRLCA National Agreement: Management has the responsibility to provide safe working conditions. Employees have the right to a safe workplace and to report unsafe conditions.
- **ELM 432.33 (Mealtime)** supports the consecutive-hours calculation.
### Critical Details Every Rural Craft Employee Must Know
- The 12 hours is **consecutive elapsed time from start**, including mealtime. A 30-minute lunch means roughly 11.5 hours of actual work before the limit is reached.
- Leave replacements (RCA, PTF, ARC, RCR, Substitute) are clearly covered by the ELM 432.32 limit that management may not require them to exceed.
- Regular evaluated carriers receive FLSA overtime for hours over 12 in a day (or 56 in a week), but safety rights remain fully available.
- “Operational emergency” or local short-staffing does **not** waive the rule. Only an emergency determined by the Postmaster General (or designee) does.
- Never leave mail in the vehicle or hide it. Bring it in and document it properly.
### How to End the Day Safely and Protect Yourself
1. **Speak up clearly** using the verbal script above (or the NRLCA Board language) before or at the limit.
2. **Document everything**:
- Complete **PS Form 1767** (Report of Hazard, Unsafe Condition or Practice) and give a copy to management.
- Complete **PS Form 1571** (or local equivalent) for undelivered mail, noting the reason as safety / ELM 432.32 / fatigue.
- Keep your own copies with times and names.
3. **Notify your NRLCA steward immediately**—before you leave if possible, or as soon as you can. Do not wait.
4. **If management threatens discipline or orders you to continue**:
- Re-state that you believe continuing is unsafe.
- Complete the 1767.
- Follow the steward’s instructions.
- File (or have the steward file) an Article 14 safety grievance and, if applicable, an ELM 432.32 violation grievance.
### Final Protective Notes
- The NRLCA has processed thousands of grievances on forced work beyond 12 hours for leave replacements and has taken the position publicly that management may not force it.
- Safety is the strongest shield. The National Board’s own language supports refusing when you reasonably believe continued driving/delivery creates physical danger.
- Always involve your steward. Local practice, prior grievances in your office, and exact wording matter.
- This guidance is educational and based on published ELM language and official NRLCA positions. It is not a substitute for advice from your local or national union representatives.
Print the ELM 432.32 language and the NRLCA National Board position statement and keep them available. Share only the corrected version with coworkers. If management challenges you, your documentation plus steward involvement is what protects the job.
This version has been revised to eliminate inaccuracies. The prior wording overstated the applicability of city-craft arbitration (Mittenthal C-06238) and the “absolute / cannot volunteer” language that does not control the rural craft. The corrected text aligns with the published ELM, the NRLCA National Agreement, official NRLCA National Board guidance, and standard rural practices.
**Important disclaimer (read this first)**
Nothing is 100% “foolproof.” Labor relations outcomes depend on the specific facts, documentation, and how the case is handled. Following the steps below, using the exact language recommended by the NRLCA National Board, documenting everything, and immediately involving your steward gives you the strongest contractual and safety protection available. Do not act alone if management pushes back—contact your NRLCA steward right away.
Core Rule That Applies
**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 work hours, overtime, and mealtime, may not be extended over a period longer than 12 consecutive hours. Postmasters and exempt employees are excluded from these provisions.”
The NRLCA National Agreement does **not** contain a designation that allows management to require leave-replacement rural craft employees (RCAs, PTFs, ARCs, RCRs, Substitutes) to work beyond this 12-consecutive-hour limit. Official NRLCA guidance states that management may not force RCAs (and other leave replacements) to work more than 12 hours in a day. Local staffing shortages are not an emergency determined by the Postmaster General.
For **Regular Rural Carriers** on the evaluated system, hours beyond 12 in a day trigger FLSA overtime pay under the National Agreement, but the safety provisions of Article 14 and the NRLCA’s longstanding position on refusing unsafe work still apply.
### 1. Verbal Script (Use at approximately hour 11–11.5 when you are fatigued)
“Supervisor / Postmaster, I am approaching (or have reached) the 12-hour consecutive daily limit under ELM 432.32. Due to severe fatigue I believe continuing to drive and deliver mail is a safety hazard to myself and the public. Under Article 14 of the NRLCA National Agreement and the NRLCA National Board’s longstanding position, I am not required to follow a direction that exposes me or others to physical danger. I am returning the remaining mail, documenting the situation, and ending my tour at the 12th consecutive hour. I will complete a PS Form 1767 reporting the unsafe condition.”
### 2. Written Documentation to Hand Over with Undelivered Mail
**Date:** ________________
**Rural Carrier Name / Designation:** _____________________ **Route #:** ___________
Pursuant to USPS ELM Section 432.32, I have reached (or am at) the maximum allowable consecutive daily service limit of 12 hours (including mealtime). I am bringing back the remaining mail due to extreme fatigue that creates an unsafe driving and delivery condition.
**Start time:** _______________
**12-hour consecutive limit time:** _______________
**Estimated mail returned:** _______ letters/DPS / _______ flats / _______ parcels / other: __________
I have completed (or am completing) PS Form 1767 reporting this as an unsafe condition. I am also documenting the undelivered mail on PS Form 1571 (or the local/rural equivalent). Any attempt to discipline me for exercising my safety rights under Article 14 will be grieved.
**Carrier Signature:** __________________________________________
**Copy provided to supervisor:** Yes / No (note time)
### 3. Pocket References (Show only if challenged)
- **ELM 432.32** (exact text above). The NRLCA National Agreement does not designate an exception allowing forced work beyond 12 consecutive hours for leave replacements.
- **NRLCA National Board Position** (official guidance): Management may not force RCAs to work over 12 hours per day. Rural carriers should **not** be required to follow a management direction if the carrier believes that following the order exposes them or others to physical danger or harm. Inform management you are not capable of completing additional duties without it becoming a safety hazard. Fill out a PS Form 1767, give it to your manager, notify your steward, and consider filing a grievance.
- **Article 14 (Safety and Health)** of the NRLCA National Agreement: Management has the responsibility to provide safe working conditions. Employees have the right to a safe workplace and to report unsafe conditions.
- **ELM 432.33 (Mealtime)** supports the consecutive-hours calculation.
### Critical Details Every Rural Craft Employee Must Know
- The 12 hours is **consecutive elapsed time from start**, including mealtime. A 30-minute lunch means roughly 11.5 hours of actual work before the limit is reached.
- Leave replacements (RCA, PTF, ARC, RCR, Substitute) are clearly covered by the ELM 432.32 limit that management may not require them to exceed.
- Regular evaluated carriers receive FLSA overtime for hours over 12 in a day (or 56 in a week), but safety rights remain fully available.
- “Operational emergency” or local short-staffing does **not** waive the rule. Only an emergency determined by the Postmaster General (or designee) does.
- Never leave mail in the vehicle or hide it. Bring it in and document it properly.
### How to End the Day Safely and Protect Yourself
1. **Speak up clearly** using the verbal script above (or the NRLCA Board language) before or at the limit.
2. **Document everything**:
- Complete **PS Form 1767** (Report of Hazard, Unsafe Condition or Practice) and give a copy to management.
- Complete **PS Form 1571** (or local equivalent) for undelivered mail, noting the reason as safety / ELM 432.32 / fatigue.
- Keep your own copies with times and names.
3. **Notify your NRLCA steward immediately**—before you leave if possible, or as soon as you can. Do not wait.
4. **If management threatens discipline or orders you to continue**:
- Re-state that you believe continuing is unsafe.
- Complete the 1767.
- Follow the steward’s instructions.
- File (or have the steward file) an Article 14 safety grievance and, if applicable, an ELM 432.32 violation grievance.
### Final Protective Notes
- The NRLCA has processed thousands of grievances on forced work beyond 12 hours for leave replacements and has taken the position publicly that management may not force it.
- Safety is the strongest shield. The National Board’s own language supports refusing when you reasonably believe continued driving/delivery creates physical danger.
- Always involve your steward. Local practice, prior grievances in your office, and exact wording matter.
- This guidance is educational and based on published ELM language and official NRLCA positions. It is not a substitute for advice from your local or national union representatives.
Print the ELM 432.32 language and the NRLCA National Board position statement and keep them available. Share only the corrected version with coworkers. If management challenges you, your documentation plus steward involvement is what protects the job.
gotstamps
Well-known member
Again, only Leave Replacements can use what you have written as documentation to turn into mgmt. In actuality, there is no need to hand over any documentation of ELM or the National Agreement as that would be the Steward’s job if a grievance is filed. A grievance would only need to be filed if a sub is required to work over 12 hours. They should then write a Statement for the Union while the incident is still fresh in their mind.
Regular Carriers would need to contact mgmt & file a 1767 if they are ordered to continue working & they feel it is unsafe to do so.
Don’t make this harder than it needs to be. Carriers won’t file grievances if there are too many steps or too much to remember “to do” if in this situation.
Regular Carriers would need to contact mgmt & file a 1767 if they are ordered to continue working & they feel it is unsafe to do so.
Don’t make this harder than it needs to be. Carriers won’t file grievances if there are too many steps or too much to remember “to do” if in this situation.
DownFall
Well-known member
"Regular Carriers would need to contact mgmt & file a 1767 if they are ordered to continue working & they feel it is unsafe to do so."
Yes. I have done this and it is all I had to do. I walked out the door and went home. Management cried, threatened and shouted as I drove away. The next day they tried to force me to sign a leave slip, and when I didn't, they went ahead and gave me LWOP for that day. The whole ordeal was ugly, and I wouldn't want any other carrier to have to go through it in this way.
If I could rewind it all and arrive at the post office after my 12 hours, Self-document what I brought back, know how to fill out the 1767, and have the backup ELM references, (which I know my manager would want to see, and be wondering how I could be doing this- in total shock), I feel the action I was taking would have gone much smoother. I am a regular carrier running an overburdened route with no RCA's or assistance. I am working 6 days a week.
This is for those carriers in the same position as me. Peak season is coming. The USPS will not even blink before they work you to death. Ask Peggy Frank, Umeshkumar Thakkar, Devin Smith, Eugene Gates Jr., Kathy “Kat” Adams. These are just names on a plaque hanging on the wall gathering dust.
GotStamps, Simplify this for us. Tell us what to do if Management keeps working carriers over 12 hours and these particular carriers are feeling overwhelmed, overworked, exhausted, and still have a second trip to take out when they return at 8pm? It's pouring rain outside and these carriers don't have the knowledge that they can go home.
Tell us that knowledge....... Make it easy for them to say, "NO Thanks. I will finish it tomorrow when I am rested" or "you can take it out now if you insist".
Yes. I have done this and it is all I had to do. I walked out the door and went home. Management cried, threatened and shouted as I drove away. The next day they tried to force me to sign a leave slip, and when I didn't, they went ahead and gave me LWOP for that day. The whole ordeal was ugly, and I wouldn't want any other carrier to have to go through it in this way.
If I could rewind it all and arrive at the post office after my 12 hours, Self-document what I brought back, know how to fill out the 1767, and have the backup ELM references, (which I know my manager would want to see, and be wondering how I could be doing this- in total shock), I feel the action I was taking would have gone much smoother. I am a regular carrier running an overburdened route with no RCA's or assistance. I am working 6 days a week.
This is for those carriers in the same position as me. Peak season is coming. The USPS will not even blink before they work you to death. Ask Peggy Frank, Umeshkumar Thakkar, Devin Smith, Eugene Gates Jr., Kathy “Kat” Adams. These are just names on a plaque hanging on the wall gathering dust.
GotStamps, Simplify this for us. Tell us what to do if Management keeps working carriers over 12 hours and these particular carriers are feeling overwhelmed, overworked, exhausted, and still have a second trip to take out when they return at 8pm? It's pouring rain outside and these carriers don't have the knowledge that they can go home.
Tell us that knowledge....... Make it easy for them to say, "NO Thanks. I will finish it tomorrow when I am rested" or "you can take it out now if you insist".
Last edited:
gotstamps
Well-known member
Stop with the ELM 432 reference. Regular Carriers cannot cite the ELM language as it does not apply to Regular Carriers. Not all mgmt reacts the way yours did.
The only answer is as I have already stated above.
