6th day, time and a half while under 40 hours?

Discussion in 'UPS Union Issues' started by EmraldArcher, May 29, 2014.

  1. EmraldArcher

    EmraldArcher Member

    If you work a 6th day (doing Saturday air after driving M-F for instance) it's supposed to be time and a half all day right?

    Does this apply if you haven't yet worked 40 straight time hours yet?

    For instance, I finished early one day and ended the day on Friday with 39.57 straight time hours.

    Should my time and a half pay on Saturday be for my entire time on the clock or do I get paid .43 straight time hours and the rest as time and a half?
     
  2. Bottom rung

    Bottom rung Active Member

    Sixth punch. Time and a half. Every second here in the central.

    Sent using BrownCafe App
     
  3. EmraldArcher

    EmraldArcher Member

    OK thanks, that's what I thought but the amount the screwed me over on Saturday was exactly enough to get me to 40 straight time hours for the week so I wasn't sure if that was how it was supposed to be.
     
  4. By The Book

    By The Book Well-Known Member

    In my area, anything over 8, over 40, a sixth punch, or hours worked on a Saturday, for a m-f employee is time and a half. An example I had was one day I was sick during the week and worked Saturday. My check was straight time and my center manager had to go back and put in an adjustment. He told me only 6th punch, but I showed him the language. My question to you is aren't you guaranteed 8 hrs.when you punch in?
     
  5. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    I assume you're not in the central? If you are where is the language?
     
  6. By The Book

    By The Book Well-Known Member

    Not in central, the language is in my supplemental agreement under overtime.
     
  7. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Your check should have been straight time.
     
  8. cachsux

    cachsux Wah

    Here, it might be called "punch" but your 6th day is 1.5x and 7th day is 2x regardless of the hours worked on days 1-5.
     
  9. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Even if you only worked 4 of the 5 days?
     
  10. cachsux

    cachsux Wah

    Yes.

    I've taken scheduled off days on Mon-Wed to extend a vacation and worked Sat and/or Sun and received the 6/7th punch pay.
     
  11. EmraldArcher

    EmraldArcher Member

    I'd like to see the language that allows this.
     
  12. cachsux

    cachsux Wah

    Get hired on at 705. We speak English here.
     
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  13. Bubblehead

    Bubblehead My Senior Picture

    Here ya go:

    Article 12 Section 9-Full-Time and Part-time Employees
    All work performed on the employee’s sixth (6th) day shall be paid
    at time and one-half (1 1/2). All work performed on the employee’s
    seventh (7th) day worked shall be paid at double time.
    Prior to working any employee six (6) or seven (7) days, the
    Employer shall have the right to work any qualified employee who
    has not yet had the opportunity to work five (5) days.

    If an employee is required to work a sixth (6th) and seventh (7th)
    consecutive day at the Employer’s request, they shall be paid the
    appropriate premium regardless of the established work week.

    Key word is opportunity.
     
  14. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    The language you highlighted, allows the company the right to work

    an employee at straight time.... as opposed to paying the premium

    before, another employee on a 6th or 7th punch.


    Thats what you meant.... right ??



    -Bug-
     
  15. Bubblehead

    Bubblehead My Senior Picture

    No, that isn't what I meant.
    It is my contention that if I am scheduled to work Monday thru Friday, but I call off on a given day, that doesn't give the company the right to use me on Saturday for straight time over a senior employee who has worked all five days.
    I had the opportunity to work, but did not, for whatever reason.
    If it were the other way around as you suggest, wouldn't the company be rewarding the guy who called in and penalizing the senior worker who came to work all week?
    If this scenario were to play out with a scheduled day off, we would have seniority issues as well if the senior employee wasn't offered the same opportunity.
    Is the this employee now entitled to 8 hours on Saturday?
    I think so.
    Sounds like a good trade off your way, a day of hard ground work for a gravy Saturday air day?
     
    Last edited: May 30, 2014
  16. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Unfortunately, that has been grieved numerous times....

    The company has a right to pay straight time versus overtime.

    (The state panel always shoots it down)


    You see it happen, with inside employees more often.

    They will sign up for a Sunday sort, come in and not work. Then....

    on Friday expect time and 1/2.

    The smart ones, have figured out to get on the clock for a few minutes.



    -Bug-
     
  17. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Yep this is how I was thinking it was and how its been done in my area. Was hopin someone would confirm or deny the way it's been done before. Thanks.
     
  18. cachsux

    cachsux Wah

    For us in feeder here that means they can work straight time Tu-Sat and/or Sun-Th drivers before they will go to the sign up sheets to fill the needs. If they pull guys in who signed up then those guys WILL get paid for their 6/7th day regardless of hours worked on days 1-5
     
  19. Bubblehead

    Bubblehead My Senior Picture

    Perhaps I place too much emphasis on reading and comprehending the meaning of the phrase "who has not yet had the opportunity to work five (5) days"?
    While I believe that the panels have ruled against it, I don't believe this is how this language should be interpreted.
    In my mind, this is indicative of what is wrong with the panel system.
    Why should we be bound eternally by poor decisions of the past?
    What is the purpose of the phrase "who has not yet had the opportunity to work five (5) days", if not for how I interpret it?
    I think the language is meant to isolate employees who were laid off during that particular work week due to seniority, not for any random slug who called off or made an extra contractual agreement outside the constraints of seniority with management.
    How is it fair that I work a ball buster route M-F, while a junior guy works 4 of 5 ground days during the same period and then rounds out his week on a gravy Saturday Air day?

    I have grieved this very issue and was awarded 8 hours at time and a half at the local level, twice.
    I guess the labor manager didn't know of these decisions, or thought my position was a fresh look at the issue in contrast to the previous cases argued at panel and didn't want to upset the previous precedent.
    Maybe next time we'll lock it up and rewrite history.
    It needs to happen more often.
     
  20. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    I kind of agree bubblehead. If what the contract actually means is only those who have actually worked 5 days well take out the word opprutunity.