Clarification on Article 15 (Central Supplement)

Discussion in 'UPS Union Issues' started by Bastiatian, Nov 17, 2015.

  1. Bastiatian

    Bastiatian Active Member

    "Except as otherwise provided by this agreement, regular seniority employees required to work on any of the above named holidays shall receive double his/her regular hourly rate..." (15.4)

    So does this mean that if I volunteer to work those days, I don't get 2x pay?

    I'm also curious about the discussion in the UPS Discussions forum about being "required" to work on the day after Thanksgiving. The above excerpt from the contract somewhat contradicts language in 15.1 where it says that you cannot be "required" on those 8 named holidays. Since the supplement is ambiguous in this area, I'll just come straight out with it: Can the company force you to work on those days, or not?

    The second question is mostly for informational purposes; I'm just curious. I was intending to work if it was offered or available anyway, it's the first question I'm really interested in. I will, of course, be speaking with my steward as soon as possible (hopefully tonight), but I always like to get a second opinion when I can.

    Thanks.
     
  2. Mugarolla

    Mugarolla Light 'em up!

    You are informing UPS that you are a available to work. You are not volunteering.

    If they give you a start time and tell you to come in, you are required to work.

    Whether you "volunteer" or are forced to work, it is double time in the Central.

    And yes, the two sections contradict each other. But UPS can force you to work, in the Central, but they cannot physically make you come in.

    They will threaten all they want, but it is just an attendance ocurrence if you do not come in.

    If you come in, it is double time.
     
    • Agree Agree x 1
    • Winner Winner x 1
    • List
  3. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Wasn't this subject....

    Beat to death, last year ?



    -Bug-
     
  4. Lead Belly

    Lead Belly BANNED

    It will be rehashed every year.
     
    • Agree Agree x 2
    • Winner Winner x 1
    • List
  5. tourists24

    tourists24 Well-Known Member

    The Atlantic Area language is pretty straight forward. If you work you are paid 8 hours holiday pay plus time and a half for all hours worked for that day. Also guarantee of 8 hours. And yes, this is now a normal work day for all drivers here
     
  6. upschuck

    upschuck Avatar bet gone wrong

    Just like all the other seasonal issues.
     
  7. upschuck

    upschuck Avatar bet gone wrong

    When it went double time, they never had to "force" anyone to work since.
     
  8. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    The Central Region language, is also "straight-forward".

    The only difference, being.... Double time + holiday pay.
     
  9. tourists24

    tourists24 Well-Known Member

    sweet.... we need THAT language
     
  10. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    Certain crybabies....

    Will offer their "opinion" on why that sucks.
     
  11. Bubblehead

    Bubblehead My Senior Picture

    Does the Atlantic Area Supplement include this verbiage?

    A regular seniority employee shall not be required to work on the
    following eight (8) named holidays-New Year’s Day, Memorial
    Day, Fourth of July, Labor Day, Thanksgiving Day, day after
    Thanksgiving Day, Christmas Day and New Year’s Eve-regardless
    of the day of the week on which the named holiday falls, provided
    they comply with the qualifications set forth hereinafter.
     
  12. tourists24

    tourists24 Well-Known Member

    double time suck? or that we have to work?
     
  13. Bubblehead

    Bubblehead My Senior Picture

    I always work that day, I just don't agree that the Central Region language supports that anybody should be "required to work" the day after Thanksgiving, outside the conditions outlined in Article 40 of the National Master.
     
  14. tourists24

    tourists24 Well-Known Member

    No it does not. It just says that these days are called "named" holidays. That if we work on those days we get time and a half on top of holiday pay
     
    • Informative Informative x 1
    • List
  15. Bubblehead

    Bubblehead My Senior Picture

    What does "a regular seniority employee shall not be required to work" mean to you?
    Do you see any wiggle room there?
     
  16. Bubblehead

    Bubblehead My Senior Picture

    Does this seem "straight forward" now?
     
  17. tourists24

    tourists24 Well-Known Member

    Well I went and looked at the language. It looks like there are two different definitions. Both are clear in and of themselves, but together Im not sure. Is it correct that Im guessing that Section 4 is the one being followed?
     
  18. Bubblehead

    Bubblehead My Senior Picture

    Could Section 4:

    Except as otherwise provided in this Agreement, regular seniority
    employees required to work on any of the above named holidays
    shall receive double his/her regular hourly rate for all hours worked
    with a guarantee of eight (8) hours for full-time employees and four
    (4) hours for part-time employees.


    ...be referring to:

    ARTICLE 40
    (j) Holiday Work
    When it is necessary to provide air service on holidays, the following
    procedure shall be used:
    (1) The Employer shall offer this work in seniority order to fulltime
    air drivers who have worked at least one (1) day that week
    before offering it to part-time air drivers.
    (2) When the scheduling needs cannot be met using the above pro
    vision, the Employer shall have the right to force part-time air drivers
    and then full-time air drivers to work starting in reverse order of
    seniority. If after exhausting the above steps scheduling needs are
    still not met, the Employer shall offer the work in seniority order
    within the package driver classification. If more drivers are still
    needed the reverse seniority order concept will be used for package
    drivers. Package car drivers who work on a holiday may make a
    written request for an eight (8) hour guarantee. Such written request
    shall be made the last work day prior to the holiday. All time worked
    by these drivers on a holiday will be paid at the Supplemental holiday
    rate.

    Which is validate by:

    ARTICLE 40. AIR OPERATION
    Preamble
    In order for the Employer, the Union and the employees to further
    benefit from the expanding air operations, the following Sections
    shall supersede language on the same subjects in the Supplements,
    Riders and Addenda, unless specifically stated otherwise in this
    Article.
     
    Last edited: Nov 18, 2015
  19. Lead Belly

    Lead Belly BANNED

    Maybe we should Derail this thread.
     
  20. Lead Belly

    Lead Belly BANNED

    image.png