truxforever
TB Regular
- Credits
- 66
Unfortunately there is no language on that for us. The only language that I can think of applies to road drivers and if they're not making the requisite number of miles a layoff is required.
The TM is only allowed to work you 25% of total man hours. Lets say 100 guys at 40 is 4000 hours. 25% of that is 1000 hours of overtime. That allows each guy 10 hours OT a week anything over that is excessive and would count toward putting another guy to work or being called back from layoff. If all 100 are working 55 a week that is 5500 hours. 550 hours of that would be consider excessive OT. This is Article 5, Section 6 of the NMFA here it is.
Section 6. Overtime
On a weekly basis, the Employer shall be permitted to work the active seniority board 25% of the straight time hours in overtime. In the event the Employer exceeds the 25% overtime allowance, the number of overtime hours in excess of the allowance will be applied in the next following week for determining the number of employees to recall from lay-off. For example, if the Employer has 120 employees on the seniority
board with 100 actively working and 20 laid-off, the Employer shall be permitted 4000 hours straight time hours plus 1000 hours overtime (25% of 4000) for a total of 5000 hours to be worked that week by the active seniority board. If during that week, the Employer actually worked the 100 active employees a total of 5600 hours, there would be 600 hours in excess of the 25% overtime allowance. The 600 hours would be divided by 50 (40 straight time hours plus 25% of 40 or 10) which equals 12 employees to be recalled from lay-off in the week following the violation of the 25% overtime allowance.