CBA Scenarios FAQ: Overtime
Scenario 1 – Anticipated Overtime (Planned in Advance)
Question (Scenario):
My port knows weeks in advance that a busy period is coming and they will need overtime. How should anticipated overtime be offered and assigned?
What the March 9, 2025, NTEU–CBP CBA says should be done (Article 35, Section 1(B)):
1. Anticipated overtime must be posted at least 72 hours in advance. Anticipated overtime assignments must be scheduled and posted as far in advance as practical, but not less than seventy‑two (72) hours before the assignment. The 72‑hour rule is a national minimum standard. It is not meant to reduce better local practices where anticipated overtime is normally posted more than 72 hours in advance.
2. Employees are responsible for reporting but can request an excusal. Once you are assigned anticipated overtime, you are responsible for reporting for that overtime as posted, unless extraordinary circumstances arise. If something serious happens, you must contact the locally designated management official as soon as possible to request an excusal. When warranted, that official may excuse you from all or part of the overtime assignment.
3. Assignments must follow least‑cost, low‑earner principles and the OT wheel. Anticipated overtime assignments must be made on least‑cost, low‑earner principles and in accordance with the call‑out order in Subsection E. In practice, this means management uses the overtime earnings list (OT wheel) and the agreed call‑out order to decide who is offered anticipated overtime, instead of just picking favorites.
4. Cancellations must follow the contract procedures. Because anticipated overtime is scheduled in advance, sometimes it will need to be cancelled. When that happens, the contract says management must follow the cancellation procedures in Subsection D(3) of Article 35.
Scenario 2 – Unanticipated Overtime (Short-Notice Need)
Question (Scenario):
An unexpected situation comes up at the end of my shift and management says they suddenly need people to stay. How should unanticipated overtime be handled under the March 9, 2025 NTEU–CBP CBA?
What the March 9, 2025, NTEU–CBP CBA says should be done (Article 35, Section 1(C)):
Article 35, Section 1(C) explains how **unanticipated overtime** must be handled:
1. Unanticipated overtime still has to follow least‑cost, low‑earner rules and the OT wheel. Unanticipated overtime assignments must be made on least cost, low earner principles and in accordance with the **call‑out order in Subsection E. In practice, this means management should still use the overtime earnings list (OT wheel) and the agreed call‑out order to decide who is offered unanticipated overtime, not just pick whoever they want at the last minute.
2. Management must make a reasonable effort to notify you in advance. Management must make a reasonable effort to inform employees of unanticipated overtime as far in advance as practicable. Where possible, on‑duty employees should be notified at least two (2) hours before the end of their scheduled shift or assignment.
3. If you get less than 2 hours’ notice, you get time to make personal notifications. If you are an on‑duty employee who is assigned unanticipated overtime with less than two hours’ notice** before the end of your scheduled assignment, you must be given a reasonable amount of time to make personal notifications (for example, calling family, childcare, transportation) about the overtime assignment.
Scenario 3 – Being Drafted for Overtime (Involuntary Assignment)
Question (Scenario):
I did not volunteer for overtime, but management says I am being “drafted” and must stay. When can they force me to work overtime under the March 9, 2025 NTEU–CBP CBA?
What the March 9, 2025 NTEU–CBP CBA says should be done (Article 35, Section 1(E) – Call‑Out Order):
Article 35, Section 1(E) explains how overtime assignments must be made using a specific call‑out order and overtime earnings (OT wheel) for COPRA‑covered employees. In plain terms:
1. Overtime must follow the call‑out order and the OT wheel. Overtime assignments are made to CBP Officers, CBP Agriculture Specialists (including qualified trainees), and supervisors who perform daily operational functions, using the call‑out order in Article 35, Section 1(E). In practice, this means management must follow the listed order of volunteers and drafts and use the **overtime earnings list (OT wheel) and low‑earner principles when deciding who gets the assignment.
2. For unanticipated overtime on the current or adjacent shift, on‑duty employees are considered first. For unanticipated overtime needs on the current or adjacent shift, the call‑out order allows management to consider:
- On‑duty volunteers in the overtime pool first,
- Then on‑duty non‑volunteers in the overtime pool, before moving to off‑duty employees, consistent with the contract.
3. Then volunteers and drafts are considered in the order listed. After on‑duty employees, the call‑out order continues through:
- Volunteers in the overtime pool (on or off duty) where commute compensation is not required,
- Part‑time volunteers where commute compensation is not required,
- At management’s discretion, certain on‑duty supervisors or non‑bargaining volunteers,
- Involuntary drafts in the overtime pool where commute compensation is not required,
- Volunteers and drafts where commute compensation is required, including part‑time employees,
- And, at management’s discretion, certain supervisors or non‑bargaining volunteers where commute compensation is required.
Throughout this process, the OT wheel / low‑earner order is used so that overtime is distributed fairly and not just given to favorites.
4. If the call‑out order is exhausted, excused employees can be drafted in low‑earner order. If management goes through the entire call‑out order and still needs people, Article 35, Section 1(E)(2) says employees who were previously granted an excusal may be drafted for overtime assignments in low‑earner order. That means the OT wheel and low‑earner principles still apply, even when drafting.
Scenario 4 – The 12-Hour Rule and Maximum Hours
Question (Scenario):
Between my regular shift and overtime, I’m being scheduled to work close to or more than 12 hours in a day. Does the March 9, 2025 NTEU–CBP CBA limit how many hours I can be scheduled to work?
What the March 9, 2025 NTEU–CBP CBA says should be done (Article 35, Section 1(G)(2)(b)):
Article 35, Section 1(G)(2)(b) explains how the 12‑hour rule and rest break work for overtime and drafts:
1. You cannot be involuntarily drafted past 12 consecutive hours. Employees will not be involuntarily drafted for overtime if the expected overtime would result in them working more than twelve (12) consecutive hours. In other words, management cannot force you to stay if that would push you over 12 straight hours of work.
2. You must have at least an 8‑hour break between assignments. Employees must have a minimum eight (8) hour break between assignments. This protects your rest and safety between tours of duty.
3. You can still volunteer to work more than 12 hours. Nothing in this subsection stops an employee from volunteering for overtime in excess of twelve (12) hours, as long as it is done under the terms of Article 35. The limit is on involuntary drafts, not on voluntary overtime.
4. Management can hold employees beyond 12 hours only in true exigent circumstances. This Section does not take away management’s ability to use holdover exceptions or to hold employees beyond twelve (12) hours in exigent circumstances, but only when all other options have been exhausted in compliance with Article 35. This is meant to be an exception, not the normal way of doing business.
5. The Union must be informed when this exception is used.
When management applies this Section to hold employees beyond 12 hours, the Employer must inform the local NTEU Chapter of:
- The need to apply this Section,
- The impacted work units, and
- The name(s) of employees held.
If operational circumstances allow, this notice should be given far enough in advance for the Chapter to provide input. If not, the Employer must provide this information to NTEU as soon as possible after the hold is implemented.
6. Local agreements can modify this provision by mutual agreement. This provision may be modified by local mutual agreement under Section 1.D(10), meaning your local chapter and management can negotiate specific local rules consistent with the national agreement.