Article 60 Holiday Question.. Not paid for July 4th

UpstateNYUPSer(Ret)

Well-Known Member
So if I took an option 3 vacation day on the day before and day after a holiday i would not get paid for the 4th?

I'm not sure what an option 3 vacation day is---I assume it is part of your optional week that you are allowed to use one day at a time. If both the day before and after are scheduled days off you would get paid for the holiday. The problem is you banged in on the 5th.
 

UPSGUY72

Well-Known Member
I was not paid for Wednesday July 4th.. Tuesday July 3rd was an FMLA Medical leave for me... Thursday July 5th was a no pay call in. Article 60 states,, that a seniority employee must work either the day before or the day after the holiday to get paid for the holiday,, Except if the absence is a proven medical illness.. FMLA on Tuesday was my proven illness.. The 5th of July was a call in.. Company says both day before and day after the holiday have to be medical related.. The Contract says "Except if the Absence (singular, as in one,) is a proven illness" The word Absence again is singular not plural... The word Absences ( plural,meaning more than one) is not used in the language in the contract language.. Apparently management cannot comprehend the language,, or is it me that can't comprehend the language??? Anyhow I have to file a grievance now.. What do you folks think?

Article 60 falls under your local supplement or rider and therefore it's language may very by location. Ask your steward if your still feel your entitled to it then file....

Under the New England Supplement

Article 60 Section 2. (a) Seniority employees shall be paid for each recognized holiday or the day celebrated as such, irrespective of what day of the week the Holidays falls on, on the basis of eight (8) hours' straight time rate provided they work any day during the payroll period..............
 

Brownslave688

You want a toe? I can get you a toe.
YOU CALLED IN JULY 5TH CAUSE YOU PARTIED TOO HARD ON THE 4TH. Admit it or you took a trip for the 4th hope you had a good time cause it cost you a paid holiday your not getting paid for the 4th and you shouldn't be. The language wouldn't even be in the contract if it wasn't for people like you.
 

david426

Well-Known Member
Article 60 falls under your local supplement or rider and therefore it's language may very by location. Ask your steward if your still feel your entitled to it then file....

Under the New England Supplement

Article 60 Section 2. (a) Seniority employees shall be paid for each recognized holiday or the day celebrated as such, irrespective of what day of the week the Holidays falls on, on the basis of eight (8) hours' straight time rate provided they work any day during the payroll period..............

Our contract language states we have to work the day that preceeds or proceeds the holiday unless there is medical proof of an illness of an absence.. An option 3 day is part of our supplement.. 7 days off whenever we want them.. The days are counted as reports (days worked) so if you took an option 3 day the day before and the day or just 1 day option day before or after the holiday after the july 4th hoiliday, you still get paid for the holiday.. Article 16 FMLA lets the company to use these Option days for FMLA days.. All paid days are counted as reports (days worked)
 

UPSGUY72

Well-Known Member
Dude, read your contract.. Thats bad info you are giving us.. Only have to work the day before or day after

Article 60 falls under your rider / supplement therefore it's language will vary by location..... If you think you have a case file. If you don't want to file than stop complaining....
 

upsman68

Well-Known Member
Just file. Don't listen to the guys on here. They like to think they know everything about the contract. Let the experts handle the problem.
 

david426

Well-Known Member
YOU CALLED IN JULY 5TH CAUSE YOU PARTIED TOO HARD ON THE 4TH. Admit it or you took a trip for the 4th hope you had a good time cause it cost you a paid holiday your not getting paid for the 4th and you shouldn't be. The language wouldn't even be in the contract if it wasn't for people like you.

I don't party and I was in town.. Family emergency.. You are sterotyping me I guess..
 

UPSGUY72

Well-Known Member
Our contract language states we have to work the day that preceeds or proceeds the holiday unless there is medical proof of an illness of an absence.. An option 3 day is part of our supplement.. 7 days off whenever we want them.. The days are counted as reports (days worked) so if you took an option 3 day the day before and the day or just 1 day option day before or after the holiday after the july 4th hoiliday, you still get paid for the holiday.. Article 16 FMLA lets the company to use these Option days for FMLA days.. All paid days are counted as reports (days worked)

With out reading your Article 60 word for word as I can say is that your interpretation may or may not be right. Talk to your steward and file a grievance...
 

david426

Well-Known Member
Just talked to our Business agent.. He told me to file under article 60 and 17 (penalty pay).. Apparently they took many of the exact same cases I have now, to the Regional grievance panels between 2007-2010 Southern Region.. It took 3 years for the company to comply, they just kept on paying and paying and paying. All cases were won. Employees got penalty pay and holiday pay after up toa 2 month wait for some.. FMLA constitutes a paid holiday and/or a report, for the Absence on either the day before or the day after a holiday... Whooo Hoo.. The company has complied from late 2010 up until this year and starting the same old thing again, like they forgot all grievances from 2007-2010 and all the money paid out.. Sound familiar?? LOL! Thanks for the help guys..
 

superballs63

Well-Known Troll
Troll
Dude, read your contract.. Thats bad info you are giving us.. Only have to work the day before or day after

If that were the case, then you would have gotten paid for the holiday. If you have a personal day , or are not scheduled to work(extra), then you get paid for the holiday (and apparently medical). But, if you choose not to work either of those days then no pay.

I'm done arguing it with you, but again if you were right then you wouldn't be crying that you are owed money because they would have payed you
 

david426

Well-Known Member
You have to work both the day before AND the day after to get paid. You don't work one, well then you forfeit your holiday pay....Sorry

I think the problem is that your article 60 is worded differently than ours here in the Southern region.. We do not have to work both the day before AND the day after a holiday.. Just 1 day...
 

UPSGUY72

Well-Known Member
I think the problem is that your article 60 is worded differently than ours here in the Southern region.. We do not have to work both the day before AND the day after a holiday.. Just 1 day...

The problem is that the only way your going to get this problem solved is to file a grievance and quote the article in the grievance. Complaining on BC isn't going assist you in getting paid for July 4.

I'm sure you have paper work that says you can take FMLA when ever needed for a medical condition that reoccurs occasionally or a family issue that arises on occasion.... You just can't say I took yesterday off due to a family emergency so it's covered under FMLA...
 

david426

Well-Known Member
The problem is that the only way your going to get this problem solved is to file a grievance and quote the article in the grievance. Complaining on BC isn't going assist you in getting paid for July 4.

I'm sure you have paper work that says you can take FMLA when ever needed for a medical condition that reoccurs occasionally or a family issue that arises on occasion.... You just can't say I took yesterday off due to a family emergency so it's covered under FMLA...

Yes sir.. I agree.. I've learned from this thread, that language varies on Article 60,.. Sometimes things (past practices) vary from local to local in some areas too.. I'm not out to argue or belittle anyone on the issue.. I've always tried to do the right thing as a Union Steward for 26 years.. Sometimes I may come off as a bit Brash.. I apologize.. I'm not always right either.. I don't pretend to be a know it all,even with 27 years with the Company.. Thats what this Forum is about.. Getting different perspectives and maybe some good insight from others who have some of the same problems.. Its a tool, so to speak, not only to vent,but to learn as well..
 

UPSGUY72

Well-Known Member
Yes sir.. I agree.. I've learned from this thread, that language varies on Article 60,.. Sometimes things (past practices) vary from local to local in some areas too.. I'm not out to argue or belittle anyone on the issue.. I've always tried to do the right thing as a Union Steward for 26 years.. Sometimes I may come off as a bit Brash.. I apologize.. I'm not always right either.. I don't pretend to be a know it all,even with 27 years with the Company.. Thats what this Forum is about.. Getting different perspectives and maybe some good insight from others who have some of the same problems.. Its a tool, so to speak, not only to vent,but to learn as well..


You have been a union steward for 26 years... and your having trouble with figuring out why you didn't get paid for the 4 of July. I'm glad you not my steward.

However good luck.....
 

david426

Well-Known Member
You have been a union steward for 26 years... and your having trouble with figuring out why you didn't get paid for the 4 of July. I'm glad you not my steward.

However good luck.....

Obviously you are an uneducated idiot.. Please Learn to spell and use proper grammar.. Oh wait, this site has spell check/grammar check.. maroon..
 
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