OT list not followed

Duckbutter

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11
So I know the remedy if you get skipped on the OT list but what if it’s the other way around? I am scheduled to work OT a few weeks in a row and they’ve skipped someone else and I don’t want to work one of the shifts.
 
Solution
Your old facility's MOU in not in compliance with the CBA. My old facility was handling it the same. Facrep insisted it was permitted. I disagreed, and so did the RVP. Then it got fixed.

Two consecutive or non-consecutive weeks including RDOs means any two seven consecutive calenday day periods OR any single period of 14 consecutive days (7 days + 7 days).

When either of those periods start is at the discretion of the employee.

Example: Any employee, regardless of crew assignment, would be allowed to bid from August 1 through August 14.

That same employee could also bid from August 10 through the 16 and from Nov 20 through Nov 26. Doesn't matter where his/her RDOs fall.

All seven-day periods would be protected from OT assignment...
Your old facility's MOU in not in compliance with the CBA. My old facility was handling it the same. Facrep insisted it was permitted. I disagreed, and so did the RVP. Then it got fixed.

Two consecutive or non-consecutive weeks including RDOs means any two seven consecutive calenday day periods OR any single period of 14 consecutive days (7 days + 7 days).

When either of those periods start is at the discretion of the employee.

Example: Any employee, regardless of crew assignment, would be allowed to bid from August 1 through August 14.

That same employee could also bid from August 10 through the 16 and from Nov 20 through Nov 26. Doesn't matter where his/her RDOs fall.

All seven-day periods would be protected from OT assignment. Please note that any of those period may span across RDOs.

This matter was settled at arbitration by the Mediation to Finality Panel in 2009 shortly before the Red Book was implemented.

Any facility that doesn't handle it as described above is doing it wrong. Have your Facrep call your RVP if that's the case, or reach out to your RVP yourself.
 
Solution
I know for a fact that I had more hours when the OT was assigned in web. Now that I have all 3 shifts I have like 20+ more hours than them. They have leave this week but the OT is the first day of their 7 day week next week so that shouldn’t matter right?
Your facility may be different but mine will only leave your RDO next to the leave open. The other day off is fair game. I would just bang in sick instead of raising a fuss. Easier than making a big fight and having them deny it anyway. They should put you back on TDO instead of SL so in a couple weeks it will be forgotten about lol.
 
You don’t actually bid the RDOs. Just the consecutive 5 days.

I just want to clarify that the five workdays do not necessarily have to be consecutive. The CBA defines a week as a "period of seven consecutive days including RDO."

Any BUE, regardless of crew assignment is permitted to bid from August 1 through August 14 in the example I gave. Depending on crew assignment, the five days may not be consecutive.

Nothing in the contract mandates that the "week" of PTL has to coincide with the BUE's "workweek", i.e. five consecutive workdays. It is a period of ANY seven consecutive days. The employee gets to decide when the 7-day period starts. You count seven calendar days from the first day you pick, which will automatically include two (or three, if you work 4-10's) RDOs. This matter was settled at arbitration. Individual facilities cannot overrule that decision.

A BUE with Wed/Thu RDOs bids two weeks of PTL as follows:

1) Two consecutive weeks from 08/01/21 through and including 08/14/21
WEEK ONE: From Sun, 08/01 to Sat, 08/07: PTL, PTL, PTL, RDO, RDO, PTL, PTL
WEEK TWO: From Sun, 08/08 to Sat, 08/14: PTL, PTL, PTL, RDO, RDO, PTL, PTL

OR

2) Two non-consecutive weeks from 08/10/21 through and including 08/16/2021, and from 11/20/2021 through and including 11/26/2021
WEEK ONE: From Tue, 08/10 to Mon, 08/16: PTL, RDO, RDO, PTL, PTL, PTL, PTL
WEEK TWO: From Sat, 11/20 to Fri 11/26: PTL, PTL, PTL, PTL, RDO, RDO, PTL

The examples given above are in compliance with the CBA and the Mediation to Finality Panel decision concerning two consecutive or non-consecutive weeks of Prime Time Leave.
 
So I know the remedy if you get skipped on the OT list but what if it’s the other way around? I am scheduled to work OT a few weeks in a row and they’ve skipped someone else and I don’t want to work one of the shifts.
At my previous facility when an OT gets scheduled it counted against their hours even if it’s not published. It’s possible it was correct when they did the schedule for that pay period. If that’s the case it’s yours. I don’t like OT anymore so I don’t pay attention to the hours.
 
I know for a fact that I had more hours when the OT was assigned in web. Now that I have all 3 shifts I have like 20+ more hours than them. They have leave this week but the OT is the first day of their 7 day week next week so that shouldn’t matter right?
If it’s in their 7 days of leave, they should skip them. Or they can ask but most facilities don’t.

To address The post above, they are correct. all OT is assigned based on pulling up the list for that day and running the list assuming all overtime up to that point had been assigned.

Show management where they went wrong and WMT allows them to remove hours to ensure alll future lists are followed correctly. Problem solved.
 
Your facility may be different but mine will only leave your RDO next to the leave open. The other day off is fair game. I would just bang in sick instead of raising a fuss. Easier than making a big fight and having them deny it anyway. They should put you back on TDO instead of SL so in a couple weeks it will be forgotten about lol.
This is not a facility thing. That’s how the contract reads. This is not that hard. Why bang in sick and be charged the time? If you don’t care then I respect that.


But all you say is Hey I don’t want that OT and I think it should have been assigned to him instead. Here’s why I think that.

They will then take away your time and reassign the OT if it’s legit or you will learn something. Talk to your rep first so they can either do it for you or back you up after you approach management or come in to the meeting with you.
 
This is not a facility thing. That’s how the contract reads. This is not that hard. Why bang in sick and be charged the time? If you don’t care then I respect that.


But all you say is Hey I don’t want that OT and I think it should have been assigned to him instead. Here’s why I think that.

They will then take away your time and reassign the OT if it’s legit or you will learn something. Talk to your rep first so they can either do it for you or back you up after you approach management or come in to the meeting with you.
My previous facility had a checklist for OT the sups had to follow. Do you want OT? Do you want to be scheduled OT next to approved leave? Do you want to be called for OT next to approved leave? Some places put ground certified trainees in with the CPCs. Some make them be called last before the no listers. Some are after no listers. Some won’t let any trainee have OT no matter where they are in training. Been to four facilities and non operated exactly the same. Some places don’t even reset your hours yearly.
 
At my previous facility when an OT gets scheduled it counted against their hours even if it’s not published. It’s possible it was correct when they did the schedule for that pay period. If that’s the case it’s yours. I don’t like OT anymore so I don’t pay attention to the hours.
I know for a fact that I had more hours when the OT was assigned in web. Now that I have all 3 shifts I have like 20+ more hours than them. They have leave this week but the OT is the first day of their 7 day week next week so that shouldn’t matter right?
 
Thanks for the replies everyone. I talked to a supe and they seemed to acknowledge that it was done incorrectly. Problem is the person who should be assigned the OT is gone on leave now and definitely isn’t going to answer now so I’m going to be stuck with it. I’ll definitely tell them to take the 8 hours I was charged for this off since it shouldn’t have been assigned to me, thanks for that idea.
 
If you work the OT you’ll be charged the hours. They won’t just not count it because you shouldn’t have got it. That makes no sense. That’ll screw up the OT hours worked for future OT calls.

If the person is on leave and won’t answer either contact them yourself if you want to get them to work it, or have the fac rep reach out, or one of their friends. If they don’t get back, you work the OT and should be charged the hours. And he might get 2 hours of regular pay if they want because he was skipped
Yeah whoops meant to say I found someone to work it that’s on the No list. So I think given all the circumstances it’s not unreasonable to say I shouldn’t be charged for it.
 
That’s not how the OT list/assignments work based on the contract.

You are assigned and gave it up, you don’t then get to move back up the list because you didn’t want that particular overtime. Again, this screws up the OT list for future OT assignments. I understand that happens throughout the country at some facilities but it is against how the contract is worded and how the list is supposed to work. Like when refuse an OT shift for a call in, you are still charged the hours. That’s why you don’t pick up if you dont want it….you giving it up is the same exact thing.
The contract also states that management is supposed maintain an OT list and follow it. Which they didn’t do. So your solution for them not following the rules is to just shut up and take it?
 
Intentional skip or mistake, they skipped someone. The remedy is contractually defined, no where does it say you get your OT hours removed. Contractually if you then get another overtime based on that removal of hours presumably you’d skip someone else based on actual overtime hours worked and that person would in fact be owed for that slip now. So now you’re asking them to break the contract again, the contract we as the u ion agreed to.
I shouldn’t have been assigned OT and I’m not actually working it. Not a stretch to believe I shouldn’t be charged for it. We do shit every day that isn’t defined by the contract. You’re basically telling me I should take one for the team because management screwed up. I appreciate your feedback but I guess I don’t see it that way.
 
This is not a facility thing. That’s how the contract reads. This is not that hard. Why bang in sick and be charged the time? If you don’t care then I respect that.


But all you say is Hey I don’t want that OT and I think it should have been assigned to him instead. Here’s why I think that.

They will then take away your time and reassign the OT if it’s legit or you will learn something. Talk to your rep first so they can either do it for you or back you up after you approach management or come in to the meeting with you.
Where does it say your RDO next to prime leave is protected? I have not been able to find that in the contract.
 
Article 24 section 8
That doesn’t necessarily mean the rdo before and after your leave is protected from OT though. My old facility’s MOU specified that BUEs had to choose either the two RDOs before your prime leave or the two after when bidding their leave. My current facility doesn’t even ask or seem aware of the “protected” RDO thing in the contract
 
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