PTF RIGHTS Lyle Krueth Willie Mellen Clerk Craft

PTF RIGHTS Lyle Krueth Willie Mellen Clerk Craft NBA’s

PTF RIGHTS • PTF’s don’t have rights? • PTF’s don’t have seniority? • There’s nothing in the contract that protects PTF’s?

PTF RIGHTS • PTF rights under the current CBA are limited • APWU can and should do more for PTF’s • WE MUST ALSO: – Remember that PTF’s do have rights – Enforce and protect existing PTF rights

AGGRESSIVE ENFORCEMENT • Union must aggressively enforce PTF rights • When rights are limited – enforcement of those limited rights becomes even more critical

NO ON-CALL REQUIREMENT • PTF’s are not required to call the PO to find out if work is available • Management must schedule the PTF’s • PTF schedule is subject to change • Management must contact PTF’s when they are needed • PTF cannot be required to wait by the phone (be “on-call”)

PTF GUARANTEES • 200 or more employees – Guaranteed 4 hours on any day scheduled to work • Less than 200 employees – Guaranteed 2 hours on any day scheduled to work • If not scheduled for any hours during a PP – Guaranteed either 4 or 2 hours

CALL BACKS • When employee 1. Completes work 2. Clocks out 3. Is thereafter instructed to return to work • They are then guaranteed 4 hours of work, or pay in lieu thereof, regardless of office size

SPLIT SHIFTS • PTF is told prior to clocking out – To return within 2 hours • No new guarantee – To return after more than 2 hours • Guaranteed a minimum of 2 additional hours work or pay

MAXIMUM HOURS • 12 HOUR RULE • APPLIES TO SPLIT SHIFTS AS WELL • LIMITS ON CONSECUTIVE DAYS WORKED?

TRAVEL TIME • PTF’s may be required to work in other facilities or installations • They must be compensated for travel time as well as mileage • Guarantee for each office applies • MOU says no employee may be “coerced” into using their own private vehicle

CASUALS & PTF’s • • • Over the course of a service week Employer must make every effort To utilize available and qualified PTF’s At the straight time rate Before using casuals

PTF’s & TE’s • • • Over the course of a service week Employer must make every effort To utilize available and qualified PTF’s At the straight time rate In the same work location and tour Before using TE’s

MAXIMUM HOURS • 8 within 9 or 10 rules (Article 8. 1) do not apply to PTF’s • PTF’s can be required to work more than 10 hours in a service day • Split shift work day of 8 hours or less may be spread over more than 10 hours • PTF cannot be required to work beyond 12 hours in one service day (including meal time and down time for a split shift)

SICK LEAVE • PTF may request and be granted annual leave on any day they are scheduled to work except holidays • PTF’s are granted sick leave corresponding to the number of hours they would have been scheduled to work • If there is a dispute, they will get sick leave equal to the average hours worked by other PTF’s in the same work location on that day

SICK LEAVE • Cannot subsequently change approved sick leave to “non-scheduled” in order to avoid OT for work hours at the end of the week • Leave approved for the end of the week might be recorded as “excused” if it would cause PTF to exceed 40 straight time hours

ANNUAL LEAVE • PTF may request and be granted annual leave on any day they are scheduled to work except holidays • Cannot subsequently change approved annual leave to “non-scheduled” in order to avoid OT for work hours at the end of the week • Leave approved for the end of the week might be recorded as “excused” if it would cause PTF to exceed 40 straight time hours

VACATION BIDDING • If PTF is senior to one or more FTR’s, they may exercise their seniority for purposes of vacation bidding • PTF’s (unlike full-time employees) may only utilize their accrued leave for vacation bidding

ACT OF GOD LEAVE • • PTF’s dismissed early or prevented from reporting to work are entitled to “Act of God” leave PTF will be paid the greater of 1. Number of hours worked by that PTF on same day in previous service week 2. Number of hours PTF was scheduled to work 3. Work hour guarantees as provided in Article 8. 8. C.

HOLIDAY SCHEDULING • PTF’s do not get paid holidays • PTF’s must work holidays (including OT) before any FTR is required to work • LMOU determines whether PTF’s or FTR volunteers are scheduled first • Posted holiday schedule must include PTF’s • “Loaner” PTF’s may be scheduled for holiday work – however, no obligation to do so

BARGAINING UNIT WORK • Bargaining unit work (e. g. , distribution and window duties) belongs to Clerks • Supervisors/Postmasters are prohibited from performing bargaining unit work – May “assist” clerks in order to meet established service standards according to historical practice (Das National Award) – May not substitute themselves for qualified and available PTF’s in order to meet their budget

CONVERSION - RESIDUALS • When posted duty assignment becomes residual (i. e. , no successful bidder) • After any unencumbered FT employee has been assigned • PTF’s may preference and be converted to FTR upon qualification

MAXIMIZATION • Where a single PTF works at least 39 hours each week for six months (over 5 days each week) • This demonstrates the need to create a FTF duty assignment Maximization Memorandum

MAXIMIZATION • Management must maximize the number of FTR duty assignments • Management must minimize the number of part-time flexibles Article 7. 3. B

MAXIMIZATION • Arbitrators generally recognize the Union’s right to combine the hours of several PTF’s to demonstrate the need for additional FTR duty assignments • Where PM is also performing bargaining unit work, Union will argue that these hours should also be considered

DISTRIBUTING PTF WORK HOURS • By seniority? • Equalization? • Matter for local negotiations. • Past Practice

30 DAY NOTICE • When management proposes to remove any employee they are entitled to 30 days notice (at work or with pay) • This includes PTF’s. Management may not simply refuse to schedule the PTF.