The following is an explanation for Exceptions and Excusals Sections covered under
Article 35, Section 1. of the Negotiated Agreement between the Agency and NTEU.
(2) Subject to operational requirements, employees will be excused from being assigned
overtime through involuntary drafts when management determines:
OVERTIME - EXCUSALS SECTION
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(a) A significant, but temporary hardship exists. To obtain such an excusal, the employee
must submit a written request and supporting documentation to the Port Director (or
designee). This is the old Section 2. You can use that section or write Art. 35, Sec. 1.G.
(2)(a)
(b) As a result of a temporary medical condition, an employee cannot perform the full range
of duties required under the employee’s position. To obtain such an excusal, the employee
must submit a written request and supporting documentation to the Port Director (or
designee). This is also the old Section 2 You can use that section or write Art. 35,
Sec. 1.G.(2)(b)
(c) An employee who has worked on a regularly scheduled shift and overtime basis for
sixteen (16) or more hours within a twenty-four (24) hour period, for a period of twenty-
four (24) hours from when the employee first reports to work after a continuous eight (8)
hour off-duty period. To obtain such an excusal, the employee must submit his/her request
within one (1) hour of the start of the scheduled duty on the day following the employee’s
completion of sixteen (16) or more hours of work. This is the old Section 8. You can
use that section or write Art. 35, Sec. 1.G.(2)(c)
(d) An employee on his/her last scheduled shift prior to a regular day off or scheduled
annual leave. To obtain such an excusal, the employee must submit a request as early as
possible, but no later than forty-eight (48) hours prior to start of his/her shift on the day the
excusal is desired. Once granted, the employee will be considered excused from the
assignment of all overtime until his/her next regular (i.e., non-overtime) tour of duty, with
the exception of “hour before” overtime assignments. This is the old Section 6. You
can use that section or write Art. 35, Sec. 1.G.(2)(d)
(e) Any other valid reason, at management’s discretion.
PROCEDURE TO FOLLOW WHEN REQUESTING AN EXCUSAL FROM OVERTIME
ON YOUR RDO
In order to request an excusal from overtime on your RDO you must write to the Assignment
Office at least two weeks in advance and state that you wish to be excused on the date(s) you
are requesting. You should cite Article 35, Section 1.G. (2) (d). in your message to the
Assignment Office.
The following is an example of what you should write to the Assignment Office.
I am requesting an excusal from overtime under the provisions of Article 35, Section 1.G. (2)
(d) of the CBP/NTEU National Agreement. The date(s) I am requesting is/are _________.
If you have any questions regarding this message please contact the Union Office at
718-487-5257/58 or click here.