This case involves management bypassing an RCA to work on a route that is not the primary assignment when scheduling day-to-day to avoid paying overtime. The parties agree Pre-arbitration settlement, G00R-4Q-C 02139495 (M-84 in the Quick Reference Guide) from Willis, TX, addresses the entitlements of overtime when scheduled to your primary assignment on a day-to-day basis. In this case, the parties agree when a leave replacement is being scheduled day-to-day, management may bypass a substitute, RCR, or RCA when making assignments other than their primary route, if such assignment would cause the leave replacement to exceed 40 hours for the week. The parties further agree the decision of whether the proposed assignment will exceed 40 hours is made by calculating the following, actual work hours for the week at that time, plus the number of hours scheduled to work the remainder of the week, plus the number of work hours of the proposed assignment(s). The parties agree that management decision to not schedule a leave replacement, may not be made on the basis that a leave replacement may be scheduled for something at the end of the week which may cause overtime.
Click here to view the Step 4 settlement letter.
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