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Brown Cafe UPS Forum
UPS Union Issues
Day after Thanksgiving driving
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<blockquote data-quote="Stonefish" data-source="post: 1228053" data-attributes="member: 50401"><p>If you are trying to imply that past practice over rules the contract you are wrong. A past practice can not violate contractual language. The language is very clear about 8 hour guarantee on a holiday. </p><p>One can't make the argument the company has overpaid them $10 per hour for the past 10 years and that is a past practice so they have to continue. It works the other way also.</p><p>The language is also clear Article 40 supersedes all.</p><p>If a package car driver works on a holiday in the Central they receive double time for all hours worked on the holiday plus 8 hours holiday pay. The must make the request for 8 hours in writing the work day prior to the holiday to have an 8 hour guarantee.</p></blockquote><p></p>
[QUOTE="Stonefish, post: 1228053, member: 50401"] If you are trying to imply that past practice over rules the contract you are wrong. A past practice can not violate contractual language. The language is very clear about 8 hour guarantee on a holiday. One can't make the argument the company has overpaid them $10 per hour for the past 10 years and that is a past practice so they have to continue. It works the other way also. The language is also clear Article 40 supersedes all. If a package car driver works on a holiday in the Central they receive double time for all hours worked on the holiday plus 8 hours holiday pay. The must make the request for 8 hours in writing the work day prior to the holiday to have an 8 hour guarantee. [/QUOTE]
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