Article 40 abuse

Discussion in 'UPS Union Issues' started by upsmanckp, Feb 24, 2008.

  1. upsmanckp

    upsmanckp New Member

    My center manager informs me that a full-time Air run to Oakland and back starting at 1:00am which currently pays ground rate and has for 20 years, will be bid at the Article 40 rate this time around. This is an approximate $7.00 reduction in pay.
    As a 25 year driver and air apparent to win the bid I have to grieve this unconscionable deplorable despicable attempt to screw up a great job that an "old timer" can actually perform in the latter years of employment with less physical demands on the body.
    I even understand why UPS does what it does. But I also know I have paid my dues and have patiently awaited my turn.
    Has any of you out there have this happen successfully at your center?
    Article 40 section (9) has language seemingly protecting the current wage.
    However I am told by my boss "Labor" assures him he will win this in a slam dunk.
    Past bids have never been Article 40 on this job.
    It would be a horrible precedent IMO.
    Any input about this "its all about me" Grievance that could help is very much appreciated.
     
  2. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member


    Shouldn't that be considered a feeder run? Here it would be whether a feeder truck is used or not. Anytime packages are moved between one building and another that should be considered a feeder run and being a feeder run would make it hard for UPS to change that shuttle to an air job.
     
  3. upsmanckp

    upsmanckp New Member

    The run uses a "Chocolate Thunder" not a feeder. But thanks for reminding me they bid relief under feeder guidelines(not feeder dept though).

    They also want any relief drivers doing that run paid at Article 40 rate. Who would take a pay cut to do them the favor going from days to graveyard in relief?
     
  4. tourists24

    tourists24 Well-Known Member

    Article 40 (9) covers what you are talking about pretty well if this route you are talking about is air work and they have bid it to full time drivers in the past. If so, then they are required to continue. The only exception would be if they changed the air work to put it in combination with other air work to make a full time combo job
     
  5. upsmanckp

    upsmanckp New Member

    Which they have not. No combo. Just:greedy::greedy::greedy::greedy::greedy: IMO.
     
  6. tourists24

    tourists24 Well-Known Member

    Unless there is something underlying then it sounds like they are up for a loss. They may actually implement air driver pay for now, but if they lose the case, they will end up having to pay back pay. Make sure you stay on your BA about the details of the case. Are they just threatening to bid it as air pay or have they already done so?
     
  7. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    If you are referring to the "past practice" section in the contract, well, it was voted out of existence. The current contract doesn't have it.
     
  8. tourists24

    tourists24 Well-Known Member

    Im taking language from Article 40 Section 1(9). The only language change that I am aware of was on Section 6. Past practice isnt exactly what this is based on. It is pretty specific on what happens to runs that are already in existence.
     
  9. IDoLessWorkThanMost

    IDoLessWorkThanMost New Member

    AN air route is top rate at 22.62 an hour or thereabouts. I don't see why you think you should get top driver rate for an air shuttle? That's perposterous and if anyone knew you were getting top air rate would probably rat you out for it! Especially the other air drivers. The language clearly states all full-time air drivers make a top rate less than PD, period.
     
  10. upsmanckp

    upsmanckp New Member

    I has not been bid yet. But the Manager wants to bid it early so we can grieve it asap. The owner of the route retires May 30th. I shall keep you posted here.
    Thank you for the responses.:peaceful:
     
  11. tourists24

    tourists24 Well-Known Member


    Read the language that is in the contract. "Shuttle work currently performed by regular full time drivers shall be excluded." The excluded is from the language directly above it stating that air drivers can shuttle to and from airports, centers...etc. There is more language in this section but it is pretty clear in what it says.
     
  12. upsmanckp

    upsmanckp New Member

    It is not a mistake that needs ratting out. It has been paid this way since the job itself was created over 20 years ago. The language in article 40 sec(9) states clearly that if that was how it was paid then the successor also gets paid that wage. It is not a new position. If it were we do not disagree.
     
  13. MR_Vengeance

    MR_Vengeance United Parcel Survivor

    this job should get you feeder pay,you use a time card and fax this to feeder payroll. are you out of sbrca or nbaca?
     
  14. upsmanckp

    upsmanckp New Member

    Don't know the terms sbrca or nbaca . But if Santa Cruz helps...
     
  15. LifeUPSer

    LifeUPSer Life without Parole

    Sbrca is San Bruno and NBACA is Northbay. The shuttle run in Santa Cruz gets paid out of the San Bruno feeder department. It is still considered an air run. I know that the San Francisco air shuttle is paid the air rate. If he touches a ground package then he gets the ground rate. If he only does air then that is the rate he gets paid.
     
  16. upsmanckp

    upsmanckp New Member

    Yes but if you check article 40 sec (9) you will see my point.
    It is paid ground rate and always has.(in my center)so they need to continue to pay it as such. It is a grandfather situation I believe, and they want to change it.
     
  17. IDoLessWorkThanMost

    IDoLessWorkThanMost New Member

    sorry for the misinformation. I'll check it out today in the old master. Also should be revied in the new master ( not the one listed on this site though). I don't reemmber much language changing in the new article 40, though.

    I have a feeling mgmt pulled a fast one and changed the job code. This though is probably acceptable at the time of bid, at least here in New England it happens.
     
  18. MR_Vengeance

    MR_Vengeance United Parcel Survivor

    you gotta file a grievance on this, i'm almost 100% sure you should get the right pay for this job.
     
  19. upsmanckp

    upsmanckp New Member

    I will let you know how it turns out. In the mean time watch out for yourselves.
     
  20. upsmanckp

    upsmanckp New Member

    The stance by Management seems to be softening a bit. A lot actually. Still do not know how they intend on bidding the sucker though. But I do like what I am hearing. I almost think they had hoped no one would protest and then it would become a permanent Article 40 job.