Friday the 25th, UPS forcing FT inside employees to work actual hours only - On Topic

By The Book

Well-Known Member
Does that language apply to combo jobs?
If they are in the full time classification....yes. Last I checked 22.3 jobs had an 8 hour guarantee.Unless your supplement has anything about a voluntary sign up list, it's an extra contract agreement which is null and void. Have we all worked for actual hours at one point or another in a 30 year career, absolutely.
 

Mugarolla

Light 'em up!
I have a 22.3 job; I do sort set-up, man the PM Customer Counter, process Exceptions from Drivers, load the Air Shuttle, do Haz-Mats, etc. On Friday the 18th I was told that on Friday the 25th (day after Thanksgiving) CC would be closed, and in order for me to be allowed to work that day, I had to sign a paper stating I would work for actual hours only. Same thing was said to our Centers PM 22.2, and both 22.3 who work AM. We have a 22.2 on the AM, as of now I don't know what was said to him.

Contract states under ARTICLE 15-HOLIDAYS, 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..."

I see nothing else in the Contract that would fall under the "Except as otherwise provided in this Agreement" portion. Am I missing something?

The past two years, I have worked my normal job on the day after Thanksgiving.

I don't know what to do. I think I have two options...
  1. Not sign the paper, not work, file a Grievance under Art. 15, and for being denied the right to work, whatever Article that would fall under.
  2. Sign the paper "Under Protest," work Friday, file for the lost hours under Art. 15. But does signing the paper, even "Under Protest" waive my right to 8 hours?
Another thought, as the day after Thanksgiving is now a 'normal' operations day, if the Company gets away with this, what is to stop UPS from telling FT employees they can only have actual hours on any given day?

Any advice would be appreciated!

You quoted the contract correctly, but you are kind of in the middle here.

If you are required to work, you are guaranteed 8 hours. The problem is, UPS is saying you are not required to work because part of your job has been eliminated and you are getting paid for the Holiday.

If you do not agree to actual hours, you will be told not to come in and still collect your holiday pay.

If you grieve it, you cannot grieve it under Article 15 because UPS is saying you are not required to work.

3. Call steward or business agent.

Very good advice.

The contract says you need to be paid 8 hours. So find a steward and file

No it does not. It sounds to me from his post that if he doesn't agree to work actual that he will not be required to work on Friday. No 8 hour guarantee

If your being forced your guaranteed 8 hours.

Correct. If you're being forced. If he does not sign the paperwork, he will be told that his job is eliminated and to not report for work. Hence, not being forced to work.

Yep. IDGAF about any holiday. There is no such thing as Code 5 to me. If I punch in, I'm getting no less than 8.

Agreed. But if they tell you that your job is eliminated on Friday, you're going to come in and punch in anyway? Good luck winning that 8 hour guarantee grievance.

He's a soft cake

I have no problem taking an 05 if it's optional and I just wanna come in for a cpl/few hundred bucks....

Force me and your giving me 8

No problem with that. Again, they are not forcing the OP to come in. If he doesn't agree to actual, they will tell him he is not needed at all and to just stay home and collect his holiday pay.

What @Brownslave688 said. Sign it or not, it would be an extra contractual agreement and should be thrown out. Come in, work, file.

This is one avenue that could be tried, although it is no guarantee. It may not be an extra contractual agreement. An employee can request actual pay within the contract. In this case, the employer is requesting it, but they can argue that the employee agreed to work actual.

Does that language apply to combo jobs?

Yes.

If they are in the full time classification....yes. Last I checked 22.3 jobs had an 8 hour guarantee.Unless your supplement has anything about a voluntary sign up list, it's an extra contract agreement which is null and void. Have we all worked for actual hours at one point or another in a 30 year career, absolutely.

See my reply above. How do employees request 8 actual where you are? Signing something. I'm not saying that it would not be thrown out as an extra contractual agreement, but don't count on it.




This is uncharted waters. He is only guaranteed 24 hours this week due to 2 holidays, so they do not have to work him on Friday. He already has his guarantee. He is only guaranteed 8 hours on Friday if he is forced to work. If he does not agree to actual, he will not be required to work and still get his contractual weekly guarantee.

Can he sign it and claim extra contractual agreements are null and void? May win this, may not.
If he doesn't sign it and is told not to come in, can he grieve this and win it. Doubtful.
Can he claim less seniority employee working and he is not? Depends on the local's lay-off language.

Best advice......Check with your BA before Friday. He/She should know your Local's practices. But don't count on it 100% Like I said, uncharted waters. It may take a grievance and a panel decision to decide this.
 

clean hairy

Well-Known Member
Here is my 2 cents which may not be worth 2 Pesos.
This could fall under full time layoff, where the OP who is full time is being laid off from a part of their job.
Therefore, OP could displace a Jr Employee to get their 8 hours?
Would OP have a strong position for Management to state they do not wish to work actual hours, but to displace a Jr P/T under full time layoff language?
 
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