1 Minute Loop Hole on working hollidays.

Discussion in 'UPS Union Issues' started by RealPerson, Sep 3, 2014.

  1. RealPerson

    RealPerson Active Member

    I work the hub shift 12:00 am to 3:30 am.

    A few years ago they switched us to 11:59 pm to 3:30 am.

    So, say July 4th is on a Thursday, since we go in at 11:59 pm on Wednesday, they say our work day started on Wednesday and so we are not working on a Holiday.

    Then say the next year July 4th is on a Wednesday, and we have to go in on Wednesday at 11:59 pm. They say we only would get ONE minute of working on a holiday pay..

    Can they Have it BOTH ways?? Is this a Loop Hole for UPS and the Hub shift?

    Central Region.
    Now my shift is so small we normally are laid off anyway, but it does happen from time to time, and with volume getting more and more, good time to ask these questions...
     
  2. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    http://teamster.org/sites/teamster.org/files/06242014_77983_central_region-final.pdf

    ARTICLE 15-HOLIDAYS

    Section 5

    "There shall be no premium pay for hours worked on a holiday by employees when their regular jobs begin or end on the holiday. Their holiday is either advanced or delayed, but is nevertheless observed and paid as a holiday."


    I hope this answers your question.



    -Bug-
     
  3. Bubblehead

    Bubblehead My Senior Picture

    So this section of Art 15 can be translated literally as written, yet sections 1 and 4 can't?
     
  4. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    That didn't take long.

    How did I know.... you would show up ? :biggrin:

    I was still waiting on your response, to my other question.



    -Bug-
     
  5. Bubblehead

    Bubblehead My Senior Picture

    It was answered in the other thread.
    Sorry it took so long, I only get one lunch per day.
     
  6. RealPerson

    RealPerson Active Member

    Thanks BUG
     
  7. oldngray

    oldngray nowhere special

    When I worked preload we had to work the mornings of a couple of holidays and didn't get holiday pay until someone filed a grievance about it. After that they started everyone at 11:45 pm to avoid paying for a holiday.
     
  8. RealPerson

    RealPerson Active Member

    So, if I have to work 26th Nov at 11:59 pm, and it runs into Thanksgiving Morning 3:30am, I understand there will not be any Premium pay, but do we get another day off somewhere? HA
    My shift is Sunday-Thursday so the day after Thanksgiving is a Normal day off.

    More than likely my shift is so small we wont be working Wed night, but Just In Case...
     
  9. Nimnim

    Nimnim The Nim

    In that case on top of the Mon-Wed paid time, you also get Thurs and Fri as holiday pay. Depending on supplement if forced to work Thurs or Fri you get the holiday pay on top of straight time or premium time your supplement has in place. Whether you can be forced to work either day is a subject of contention.
     
  10. RealPerson

    RealPerson Active Member

    My Hub Schedule is 23, 24, 25, 26. All starting at 11:59 pm.
    We get 3 days off, instead of the 4. Thus the Holiday is neither advanced or delayed, which I will be filing a grievance on, if we do not get premium pay for working Thanksgiving Morning!!!

    Hope this helps anyone else with the 11:59 issue on this first time issue of black Friday!
     
  11. sortaisle

    sortaisle Livin the cardboard dream

    It may be contended but it's something they can do. It's not a guaranteed day off, it's a paid holiday. And in my supplement, if forced to work on a paid holiday, part timers get time and a half plus holiday pay. It's not in the master that I could find. Western Region supplement for me.
     
  12. Nimnim

    Nimnim The Nim

    Yeah, its not in the NMA as far as I can see, but my Southern supplement calls for double time hours worked in addition to the holiday pay. I said it was a subject of contention because at the time I made the post you quoted there was much discussion and disagreement as to whether someone could be forced to work the day or not.

    Personally I don't like how the contract contradicts itself in regards to the holiday language where in one part it says employees shall not be forced to work on the holidays listed then just a couple sections later says if an employee is forced to work on the holiday they get paid x. I'll take the extra pay being forced to work on it, but the contract wording, at least in my supplement and others, is clearly contradictory.
     
  13. superballs63

    superballs63 Well-Known Troll Troll

    You won't get the premium pay Thanksgiving morning, and you will lose your grievance.

    My feeder run will take me up to roughly 7 am Thanksgiving morning, but since it starts at 8pm the night before, no extra monies are due.

    Deal with it
     
  14. RealPerson

    RealPerson Active Member

    Superballs, Don't be to sure, this has NOT happened before.

    I am in Central Region. I believe since my Holiday is not being advanced or delayed I am being forced to work on a holiday! the 11:59 rule was set in place so the Holiday was given the day before or the day after.
     
  15. superballs63

    superballs63 Well-Known Troll Troll

    This has happened in other areas of UPS, just because you haven't seen it, doesn't mean it hasn't happened.

    When talking to a sup before I went to feeders, we got to talking about Thanksgiving, and he said they will start certain runs at 11:55pm on Wednesday to get the work moved, but since your job started on a non holiday, you are not entitled to holiday pay for those hours
     
  16. EasyTrucker

    EasyTrucker Active Member

    You are not working 11:59 on 27th or 28th so you will be off on the holidays and will be paid for both. What is your grievance?
     
  17. RealPerson

    RealPerson Active Member

    Let me make it simple.
    My NORMAL days for the Holiday are 26th @ 11:59 and 27th @ 11:59 then the 2 day weekend as I come in on SUNDAY Night.
    Thus, One of my Holidays is being taken away JUST as everyone working on Friday.... I am working my ENTIRE shift except 1 minute on THANKSGIVING...

    But hey, I am just telling people my Plan on how to try to get paid for working a premium day, without the holiday being advanced or delayed.

    Normally If say I work at 11:59 on the 3rd of July (so working all on the 4th) another working day during that week, we do not come in.

    If you are not a Hub 11:59 person, Shhhh....
     
  18. Mugarolla

    Mugarolla Light 'em up!

    No. You will not get another day off. You will be paid holiday pay for Thursday and Friday. Granted, you don't normally work Friday, but this is the holiday.

    Just like when the New Years Eve falls on a Saturday or Sunday. We do not get another day off for it, we just get the holiday pay.

    You will work 4 days and get 2 extra days of holiday pay. Your dilemma is that they are shorting you double time for Thursday morning because you start 1 minute before Thursday morning. Your shift does not start on a holiday.

    This is a loophole in the contract and needs fixed. I understand the feeder runs that start 8:00 PM or 9:00 PM and finish on a holiday, but you are being started at 11:59 PM just to avoid holiday pay.
     
  19. Mugarolla

    Mugarolla Light 'em up!

    No they are not. Your NORMAL days for the holiday are 27th @ 11:59 and 28th @ 11:59. You are working neither of these days. You have 2 paid holidays just like everyone else. It just so happens that you are not scheduled to work on the 28th, one of the holidays. You will still get the holiday pay. Just like in my previous post if the holiday falls on a weekend.

    I understand your issue with not getting holiday pay because of 1 minute, see previous post. This needs fixed.
     
  20. Mugarolla

    Mugarolla Light 'em up!

    Not if the 4th of July fell on a Friday. You would not get another day off. You would just get the holiday pay. You would work Sunday night thru Thursday night and get an additional day for holiday pay on Friday.