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The T-Time Time Machine
By Brian J. Wagner
NAPS Past National President
As a NAPS Executive Board member from 2004 to 2023, I wrote at least a half-dozen articles supporting special-exempt EAS NAPS members to be properly paid per section 434.143, Eligible for FLSA-Exempt EAS Additional Pay, of the USPS Employee and Labor Relations Manual (ELM). Did you know that the Postal Service also supports EAS employees being properly paid? Here’s the scoop!
First, we must journey back in the T-time time machine. It all started on April 17, 1996, when the FY96-98 EAS pay agreement was finalized with NAPS. Part of this agreement included establishing a new FLSA special-exempt EAS position, allowing this employee to be paid additional straight-time pay if they worked over 40 hours in a week and was engaged in the direct supervision of bargaining-unit employees in mail processing or delivery functions.
A few years later, on Jan. 27, 2000, Jack Potter, senior vice president, Operations, prior to his appointment as postmaster general, issued a USPS memo with the subject, “Additional Pay for Supervisors.” Potter’s memo referenced the new FY99-00 EAS pay agreement clarifying that FLSA special-exempt supervisors would now be eligible for additional straight time pay when authorized to work more than 8.5 hours in a workday and for all authorized hours on a non-scheduled workday.
The USPS memorialized part of the FY99-00 EAS pay agreement when it updated the ELM with version 16.1 on Feb. 8, 2001, by adding Section 434.144, Eligible for FLSA-Exempt EAS Additional Pay: “FLSA special exempt employees in EAS-18 positions and below are eligible for EAS additional pay if authorized to work over 8.5 hours on a scheduled day or any hours on a non-scheduled day, even while on a temporary assignment such as to an OIC position. When authorized work exceeds 8.5 hours on a scheduled day, EAS additional pay is received for the first half hour as well as for the authorized work over 8.5 hours. Regular FLSA- exempt employees in EAS-23 positions and below positions except postmasters and officers-in-charge are eligible during the designated Christmas period provided they are authorized to work over 8.5 hours on a scheduled day or any hours on a nonscheduled day and the additional hours are spent directly supervis-ing bargaining unit employees in mail processing or delivery.”
On April 12, 2012, Doug Tulino, vice president, Labor Relations, currently deputy PMG/chief Human Resources officer, issued a USPS memo with the subject, “Payment of FLSA Special Exempt Employees.” His memo reaffirmed the USPS’s position that FLSA special-exempt employees are to be compensated in accordance with ELM 434.144.
For the record, it was ELM version 37, published September 2014, that the contents in ELM section 434.144, referenced in the Tulino memo, was renumbered to ELM section 434.143, which is reflected in today’s ELM version 53.
On July 24, 2023, Dr. Joshua D. Colin, USPS chief Retail and Delivery officer and executive vice president, issued a USPS memo with the subject, “Supervisor Timecard Administration.” Colin’s memo focused on supervisor timecard administration, the critical need for leadership to ensure the accuracy of all supervisor recorded workhours in TACS, including extra hours worked, and supervisors adhering to their work schedules.
Proof is in the timeless Potter, Tulino and Colin memos, which can be found on the NAPS website and in latest version of the USPS ELM, that the USPS and its leadership advocates for EAS employees to be properly paid per postal policy. Even PMG Louis DeJoy from his Q&A remarks at our 2022 NAPS National Convention in New Orleans commented EAS employees should be properly paid for authorized hours worked.
Today’s takeaway: Punch the timeclock to record all your workhours so you can get paid for all the hours you work. No timeclock? Complete and submit a PS Form 1260!
It’s time for me to advocate for my October ice-cream-flavor-of-the-month recommendation: ooey gooey pineapple cake.