Extra contractual Agreements

Discussion in 'UPS Union Issues' started by Dr.Brownz, Feb 23, 2015.

  1. Dr.Brownz

    Dr.Brownz Well-Known Member

    We have a driver sort and load operation. Each driver loads 2 cars. The loader then drives one of those routes, with the other being driven by a late starter. The late start routes are designed to have more stops, that way everyone comes in at around 9-10 hours of total work. Management has been letting guys load in the morning and then go home every week which allows them to use more late start drivers, thus putting more work on less trucks. Does this agreement qualify as an extra contractual agreement? It has effectively created a preload position where they get top driver wage. Wanted to get opinions before I decide if I want to bring it up to my Steward and BA.
     
  2. PT Car Washer

    PT Car Washer Well-Known Member

    Past practices would be my answer.
     
  3. Dr.Brownz

    Dr.Brownz Well-Known Member

    Wouldn't that mean if management breaks the contract enough times without a grievance then anything could become permissible?
     
  4. By The Book

    By The Book Well-Known Member

    I can't follow you post, it's confusing. Break it down somehow.
     
  5. Dr.Brownz

    Dr.Brownz Well-Known Member

    Driver sort and load

    Half of drivers start at early time to load trucks. Half start at later times

    Route that early start drivers deliver have less stops than late start drivers routes, to balance total worked hours.

    Management lets many of the early start guys JUST LOAD and then go home, while their routes are covered by a late start driver, HOWEVER the route now has more stops on it to balance total hours worked

    This allows them to take a route out because now they have distributed those stops among the now late start routes
     
  6. PT Car Washer

    PT Car Washer Well-Known Member

    Driver sort and load has nothing to do with increased stop counts. This has been going on across the country for years. Sorry you are just now finding out about it.
     
  7. Dr.Brownz

    Dr.Brownz Well-Known Member

    Consider how the 9.5 list would work with respect to this situation. Your not comprehending the situation fully I don't think.
     
  8. By The Book

    By The Book Well-Known Member

    Ok, it is going to come down to the start schedule and what driver is posted at what time and if they can start that many drivers that late. Sounds crazy that a full time driver would want to go home and only be paid for preload hours. I would contact your locals BA and get his/her thoughts before it becomes an accepted practice. Someone may need to file if they are being wronged due to this change. Full time employees are guaranteed 8 hours once they show up, and are scheduled.
     
  9. PT Car Washer

    PT Car Washer Well-Known Member

    Perhaps not. Go for it.
     
  10. Dr.Brownz

    Dr.Brownz Well-Known Member

    Let me spell it out for you

    Normally: 12 drivers come in and load in the morning. Then 2 hours later, the rest of the drivers come in and driver there routes. The drivers who started earlier need to be off before 9.5 hours, so THEY MUST TAKE LESS WORK ON THEIR TRUCKS TO BE IN UNDER 9.5 IN COMPARISON TO A DRIVER WHO STARTED LATER. THE LATE STARTS HAVE 2 MORE HOURS OF TIME TO USE ON DELIVERY SINCE THEY DID NOT LOAD.



    SEE HOW HAVING A DRIVER SORT AND LOAD OPERATION IS RELEVANT NOW?

    SO IF THEY HAVE GUYS GO HOME AND ONLY LOAD THEY CAN USE MORE LATE STARTERS AND PUT MORE STOPS ON LESS TRUCKS
     
  11. 542thruNthru

    542thruNthru Well-Known Member

    I understand what you are saying but the question is who cares? If the late start drivers are still under 9.5 what's the problem?
     
  12. Dr.Brownz

    Dr.Brownz Well-Known Member

    Contract says that the company shall not enter into extra contractual agreements with any employee
     
  13. By The Book

    By The Book Well-Known Member

    Please explain how you feel this is an extra contractual agreement. Are you affected in any way( forced to start later than posted )? Did they hire anyone?
     
  14. standtall

    standtall You can't hurt my feelings, I left them at home.

    Are the early starters voluntarily going home early? Are they being paid there contractually guaranteed 8? Is anyone losing any compensation at all? There is no "extra contractual agreement" here. If the late starters can't finish in there 9.5, then someone has a complaint, if not.....????????????
     
  15. 3 done 3 to go

    3 done 3 to go In control of my own destiny

    It sounds like a smaller center. I don't think a large hub could be able to do this. To me, I'd like it if they offered it in my center. Would like to know for sure
     
  16. Dr.Brownz

    Dr.Brownz Well-Known Member

    Early starts go home voluntarily and are paid how ever many hours they loaded only. The late starters are never assigned to cover out route for a week (and they all have less than 4 years seniority, and no bid routes) thus none of the late starters can be on the 9.5 list. Basically they have offered the early starters a special deal which allows them to screw the late starters and take out routes. The contract specifically says no extra contractual agreements can be entered into and why isn't working preload as a FT driver then leaving an extra contractual agreement? The early starts all have paid time off that they don't use. This effectively makes it impossible for low seniority drivers to have a day off, unless they use a paid day or call in sick.
     
  17. standtall

    standtall You can't hurt my feelings, I left them at home.

    OK then! I still don't get the going home early everyday thing. I mean, I understand they are doing it, I just can't comprehend why they would agree with it. You obviously don't live in my part of the country, the bills don't get paid on those wages. But I digress. I honestly don't see a contractual violation there. Every time the company does something or allows something that an employee doesn't like, it can't be construed as a separate contractual agreement. If so, there would be 3 million grievances per day throughout the system. Does it suck for the junior late start guys?? I suppose it does if they don't want the extra hours but, seniority does have it's privileges. I have to assume your one of the late starters? You should, most definitely, talk to your steward. If he is one of the early starters, call your BA. to discuss the matter . As I stated before, I don't see a violation here but your local representatives should have more incite than us stupid hourlies. Good luck. I do feel your frustration.
     
  18. PiedmontSteward

    PiedmontSteward RTW-4-Less

    So all of the drivers loading their own cars just so happen to be the most junior in the center?

    That's interesting. :laughing:

    I'm not as familiar with the package side of things and I'm definitely not familiar with your center, but my "instinct" would be those routes including a driver loading his own truck should be up for bid along with everyone else's. This sounds like a tiny center with serious staffing issues -- there's no way district/corporate would allow your management team to pay a driver top rate for the same work a $10/hr preloader could be doing and this is probably some serious "under the radar" BS.

    If these are unassigned FT cover drivers loading/driving "custom" routes that aren't up for bid, I'd say there's a serious problem. You need to call your BA.
     
  19. standtall

    standtall You can't hurt my feelings, I left them at home.

    Ap
    Apparently your not familiar with the OP's OP either.
     
  20. Dr.Brownz

    Dr.Brownz Well-Known Member

    No no you have it backwards. The early starters all have bid routes (except one guy who just takes his pick of whats open). However instead of running their route, they go home instead, which allows management to justify throwing extra stops on the route to give the late starters more hours. Only a couple of the late starters have bid routes Also they pay less overtime out this way.

    We don't have pas or edd so the drivers have know the route to load it. We have a driver sort and load, they all get paid their driver rate to load trucks, it's been that way since this center opened in the 60's. We have two or three PTers who unload trailers during the sort for 10 an hour.

    There is other BS going on though where they aren't putting a few unbid routes up for bid and as a result the cover drivers are cycled though them all week, thus denying them 9.5 list rights.