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Working overtime with restrictions


Firefly

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What is the policy/language on working or not working overtime with restrictions? Is there language? Does it depend on the restriction? Plant by Plant basis? Does it fall under available work?

 

Production can not work OT with restrictions at my Plant, but maintenance is allowed if there's work available (Groundman, etc.) . I've known other Plants that neither could work OT with restrictions.

 

Anything?

 

 

 

 

 

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To me it depends on what the restriction is, why and whether your displacing someone from their normal job or not.

 

If your a workman's comp, at my plant they will use you instead of paying you to stay home and bringing in someone else as long as it's not a crazy accommodation. And sometimes even then. And if the job doesn't violate your restriction, no matter personal or work related, you shouldn't be bypassed.

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Looking for information!

 

What is the policy/language on working or not working overtime with restrictions? Is there language? Does it depend on the restriction? Plant by Plant basis? Does it fall under available work?

 

Production can not work OT with restrictions at my Plant, but maintenance is allowed if there's work available (Groundman, etc.) . I've known other Plants that neither could work OT with restrictions.

 

Anything?

Not much language on the matter in the national agreement with overtime, usually depends what type of restriction and if you are able to perform your normal job that you do while restricted during a regular scheduled work day. If it is a workers comp related restriction you can be denied daily and weekend overtime, but there is a form that you fill out and get payed out any overtime you were passed on due to your restriction at a reduced percentage.

 

Bottom line is it really depends on your plant and what type of restriction you are talking about, personal restrictions the company is not obligated to do much. Workers comp restrictions it usually benefits the company to find something for you to do, otherwise they pay you roughly 90% of the lost overtime for free.

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not allowed...period. Go to your rep and move up the ladder till it's taken care of.

Show us the language...You seem very sure of yourself, so produce contractual language that the union can fight with. Otherwise, admit that you are mis-informed, and spoke off the cuff without doing any research into the situation.

 

(having read the national agreement each contract since hiring in 25 years ago, and each local contract, I have never seen this languaage, so from MY research...it doesn't exist.)

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  • 4 weeks later...

As for doing research with the contract, it would be a whole new book to include all the state and federal guidelines with this concern. But you can look up Volume 1, Article 8, and Section 27. This covers the placement of workers that were injured on the job. As for employees with personal restrictions due to injuries not incurred at work, you need to reference Volume 4, page 465. These pages and articles are subject to change with the newly negotiated master agreements.

 

As for the overtime issue, we must use common sense to consider that if the selected job is ran during overtime (and the employee has low hours to be canvassed) that he/she should be given the opportunity to work the overtime. If the employee’s restrictions as stated in his/her medical documentation requires them to have 16 hours of recovery, then this employee will not be eligible for working overtime. The other issue you may run into is the fact that on the weekend the job that falls within his/her restrictions may not be the one in operation. This will of course stop them from being able to work the overtime as well. If this is the case, all is not lost, the employee can file with the building salary comp representative for any lost time due to their injury. There are however many rules with this, but basically, the employee files a claim of lost overtime due to restrictions created from a work injury (the employee most be working to file this claim). The Comp Rep will have to submit the claim based off wages earned at the time the injury happened, then compare it to current earnings and if there is an actual loss they will make up the difference using a ratio that is State & Federal regulated. If there is no loss, then the claim will be denied.

 

So, with the concern to overtime, it’s not as simple as saying the employee should be afforded the right to work. I hope this information helps explain the dilemmas with this issue.

 

Jeff Hodges

UAW Local 600

Vice President & Bargaining

Dearborn Stamping & DTP Body

Edited by ReDemption
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