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Learn about the limited rights of Postal Workers' Part-Time Flexibles (PTFs) and the importance of enforcing and protecting these rights. Discover key provisions and guarantees, such as no on-call requirement, PTF guarantees, call backs, split shifts, maximum hours, sick leave, annual leave, and more.
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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 • Completes work • Clocks out • 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 • Number of hours worked by that PTF on same day in previous service week • Number of hours PTF was scheduled to work • 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.