Back-door way into Air Driver getting paid like non-Air Driver?

Discussion in 'UPS Union Issues' started by Socrates, Jan 14, 2012.

  1. Socrates

    Socrates Member

    "Article 1 Section 5 of the JC 28 Rider states: No PT employee receiving a higher rate of pay shall suffer a reduction of the hourly rate as a result of transferring to FT. They will receive increases as provided in the classification scale of wages, Article 17." -- Article 17 references Article 40, for FT non-Air drivers.

    Kind of convoluted, but consider this:

    Employee 1 is making $13 an hour. Starting Seniority pay for them would be $14.50, resulting in a raise. Thus it seems Article 40 Sec 6b would apply, and they'd be paid like Air Drivers.
    -- Employee 2 is making $15 an hour. Starting seniority pay for them would result in a pay cut to $14.50. -- So does this mean that they would be granted access to Article 40, as outlined in JC 28 Article 1 Section 5, which references JC 28 Article 17, which itself references Article 40?

    Or is there some kind of red-circle provision I'm missing?

    I'm prepared to fight this all the way to the Supreme Court.
     
  2. JonFrum

    JonFrum Member

    Article 40 covers the Air Operation. What full-time non-air driver rate are you seeing in article 40???

    Article 40 also supersedes language on the same subjects in the Supplements, Riders, and Addenda. See the Article 40 Preamble.

    Did it annoy you when Bill & Ted kept pronouncing your name as two syllables??
     
  3. AssistantSanta

    AssistantSanta New Member

    It's like you're speaking law in a different language.
    I thought them Unionism disputenesses are handled via arbitration and court systems are not involved.
     
  4. Inthegame

    Inthegame Well-Known Member

    I'd ask for a punitive damage award of at least a zillion dollars.
     
  5. Brownslave688

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

    If your scenario has true real life numbers your talking 50 cents an hour. Would I fight for my 50 cents yes but to the point I put a target on my back no. If you work 2000 hours your talking $1000 a year add in taxes and a full timers salary hardly worth it IMHO.
     
  6. Socrates

    Socrates Member

    Damn it i thought i proof read this crap. Let me try this again:


    "Article 1 Section 5 of the JC 28 Rider states: No PT employee receiving a higher rate of pay shall suffer a reduction of the hourly rate as a result of transferring to FT. They will receive increases as provided in the classification scale of wages, Article 17." -- Article 17 references Article 41 (NMA) or FT non-Air drivers.

    Kind of convoluted, but consider this:


    Employee 1 is making $13 an hour. Starting Seniority pay for them would be $14.50, resulting in a raise. Thus it seems Article 40 Sec 6b would apply, and they'd be paid like Air Drivers. -- Employee 2 is making $15 an hour. Starting seniority pay for them would result in a pay cut to $14.50. -- So does this mean that they would be granted access to Article 41, as outlined in JC 28 Article 1 Section 5, which references JC 28 Article 17, which itself references Article 41?"

    (The only Article 40 reference was supposed to be with the Employee 1 example.)


    ^^^^ This all doesn't apply to me, just a hypothetical. Basically, wishful thinking that sloppy writing would result in a bump to another classification.

    In reality though, it would suck to have your red-circle/progression Full-Time hourly Rate be lower than it would be if you remained Part-Time with yearly split raises, which is the question-behind-the-question.
     
  7. JonFrum

    JonFrum Member

    I thought you meant Article 41.

    Anyway, in some other circumstances when a part-timer goes full-time, he keeps his part-time rate for the time being if his part-time rate is higher than his new full-time progression rate. This prevents him from taking a pay cut. Then as he progresses through the progression, there comes a time when the progression rate exceeds his red-circled part-time rate and so the higher progression rate takes over.

    Unfortunately, there is no such red-circling provision for part-timers going full-time as air drivers. They would go to the New Hire "Start" rate of $13.50, even if it means a temporary cut in pay!!! In two years they will be making about $27 an hour.
     
  8. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Really.... So you are speaking for all the supplemental agreements and Local Riders across the country ?



    -Bug-
     
  9. JonFrum

    JonFrum Member

    Bug, why did you deliberately misquote me? You deleted "Anyway, in some other circumstances" to completely change the meaning of my sentence. Then you capitalized "When" to make it look like my sentence began with "When". At UPS they call this Falsifying Documents, and you get fired.

    This has nothing to do with Supplemental Agreements and Local Riders. Article 41 of the National Master Agreement refers to some other circumstances that provide red circled status, but as I said, unfortunately, the original poster's situation falls under Article 40, which does not provide him with red circle status.

    Below are some other circumstances where red circling does apply:

    ARTICLE 41. FULL-TIME EMPLOYEES
    Section 2. Full-time Wage Progression
    (a) . . . Part-time employees on the payroll as of July 31, 2002 who subsequently are promoted to full-time employment under this progression, will be red circled until such time as the calculated progression rate exceeds that rate. . . .

    (c) . . . Part-time employees on the payroll as of July 31, 2008 who subsequently are promoted to full-time employment under this paragraph will be red circled until such time as the calculated progression rate exceeds that rate. . . .

    Section 3. Full-time Inside Wages
    . . . Other part-time employees who bid into a full-time inside job covered by this Section will be red circled at their current wage rate until such time as the calculated progression rate set forth below exceeds that rate. . . .