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<blockquote data-quote="trplnkl" data-source="post: 373505" data-attributes="member: 13254"><p>Brownand.....</p><p>The contract that UPS and the Teamsters agreed upon has no articles concerning "over-allowed" or allowances per say. The only real language is "a fair days work for a fair days pay". You are probably gonna read some pretty nasty remarks about that statement but it's true.</p><p> The bottom line is the Opt in/Opt out is about <u><em>working</em> </u>over 9.5 days NOT about dispatch or allowances or over/under. To retain the right to file, one must sign the Opt in (meaning you are opting into the O/9.5 language)sheet. The three days rides are meant to scare and harass the drivers out of filing, period. Work as you usually do everyday, if you are going by the methods and the sup or center manager can't find anything that improves your on road time then there is nothing to worry about. If they do find things to improve, you may have a better day each day, it's a win-win situation for the driver. Management can say anything the want, but the contract is the authority in the matter. I suggest you skip over your steward directly to your union BA. </p><p></p><p> Barnyard: </p><p></p><p> The following is from the national master agreement agreed to and signed by both the company and the teamsters.</p><p></p><p> <strong>Article 37</strong></p><p> <strong>Management-Employee Relations</strong></p><p> <strong>Section 1.</strong></p><p> (a) The parties agree that the principle of a fair day's work for a fair day's pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer's interest.</p><p> The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.</p><p> <span style="color: Sienna">Snip>>> the deleted part here is not about over 9.5 days<<<snip</span></p><p> (c) The Employer shall make a reasonable effort to reduce package car drivers’ workdays below nine</p><p> and one-half (9.5) hours per day where requested. If a review indicates that progress is not being made</p><p> in the reduction of assigned hours of work, the following language shall apply, except in the months of</p><p> November and December:</p><p> <strong>Such requests may only be made for the five (5) month periods beginning on each January 1 and</strong></p><p> <strong>June 1 of each year. No later than thirty (30) days prior to each January 1st and June 1st, each</strong></p><p> <strong>package center will post a “9.5 opt-in/opt-out list” for the applicable five (5) month period. Each</strong></p><p> <strong>full-time seniority driver in the center must make an election to opt-in or opt-out of the 9.5</strong></p><p> <strong>language in this subsection no later than ten (10) days prior to the applicable five (5) month</strong></p><p> <strong>period. Those full-time drivers who choose to opt-out of the 9.5 language in this subsection will</strong></p><p> <strong>have no right to file a grievance alleging excessive overtime either under this subsection or under</strong></p><p> <strong>an excessive overtime provision in the Supplement, Rider, or Addendum.</strong></p><p> Drivers <strong>who choose to opt-in on the 9.5 list </strong>shall have the right to file a grievance if the Employer has</p><p> continually worked a driver more than nine and one-half (9.5) hours per day for any three (3) days in a</p><p> workweek. If a grievance under this provision (or a grievance under any excessive overtime provision</p><p> of a Supplement, Rider or Addendum) cannot be resolved at the local level, <strong>including Supplemental</strong></p><p> <strong>Panels, where applicable, </strong>the Union may docket the grievance to be heard by the “9.5 Committee.”</p><p> This Committee shall be composed of two (2) Union and two (2) Employer representatives. The 9.5</p><p> Committee shall have the authority to direct the Employer to adjust the driver’s work schedule.</p><p> Deadlocked cases shall be referred to the Employer’s Vice President of Labor Relations and the Co-</p><p> Chair of the Teamsters United Parcel Service Negotiating Committee for final and binding resolution.</p><p> The Employer’s Vice President and the Union’s Co-Chair shall have the discretion to grant the grievant</p><p> double <strong>triple </strong>time pay for hours worked in excess of nine and one-half (9.5) hours per day and/or to</p><p> order the Employer to adjust the driver’s work schedule. In the event the Employer’s Vice President and</p><p> the Union’s Co-Chair cannot resolve a grievance, either party may refer the matter to arbitration in</p><p> accordance with Article 8. In the event the position of the Union is sustained, the arbitrator shall have</p><p> the authority to impose any remedy set forth in this Section.</p><p> <strong>The 9.5 Committee shall also have the authority to adopt guidelines to ensure that this Section is</strong></p><p> <strong>implemented in such a way as to balance the Employer’s need to protect the integrity of its</strong></p><p> <strong>operations with an employee’s legitimate need to avoid excessive overtime.</strong></p><p> </p><p> (d) No employee shall be disciplined for exceeding personal time based on data received from the</p><p> DIAD/IVIS or other information technology.</p></blockquote><p></p>
[QUOTE="trplnkl, post: 373505, member: 13254"] Brownand..... The contract that UPS and the Teamsters agreed upon has no articles concerning "over-allowed" or allowances per say. The only real language is "a fair days work for a fair days pay". You are probably gonna read some pretty nasty remarks about that statement but it's true. The bottom line is the Opt in/Opt out is about [U][I]working[/I] [/U]over 9.5 days NOT about dispatch or allowances or over/under. To retain the right to file, one must sign the Opt in (meaning you are opting into the O/9.5 language)sheet. The three days rides are meant to scare and harass the drivers out of filing, period. Work as you usually do everyday, if you are going by the methods and the sup or center manager can't find anything that improves your on road time then there is nothing to worry about. If they do find things to improve, you may have a better day each day, it's a win-win situation for the driver. Management can say anything the want, but the contract is the authority in the matter. I suggest you skip over your steward directly to your union BA. Barnyard: The following is from the national master agreement agreed to and signed by both the company and the teamsters. [B]Article 37[/B] [B]Management-Employee Relations[/B] [B]Section 1.[/B] (a) The parties agree that the principle of a fair day's work for a fair day's pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer's interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect. [COLOR=Sienna]Snip>>> the deleted part here is not about over 9.5 days<<<snip[/COLOR] (c) The Employer shall make a reasonable effort to reduce package car drivers’ workdays below nine and one-half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, the following language shall apply, except in the months of November and December: [B]Such requests may only be made for the five (5) month periods beginning on each January 1 and[/B] [B]June 1 of each year. No later than thirty (30) days prior to each January 1st and June 1st, each[/B] [B]package center will post a “9.5 opt-in/opt-out list” for the applicable five (5) month period. Each[/B] [B]full-time seniority driver in the center must make an election to opt-in or opt-out of the 9.5[/B] [B]language in this subsection no later than ten (10) days prior to the applicable five (5) month[/B] [B]period. Those full-time drivers who choose to opt-out of the 9.5 language in this subsection will[/B] [B]have no right to file a grievance alleging excessive overtime either under this subsection or under[/B] [B]an excessive overtime provision in the Supplement, Rider, or Addendum.[/B] Drivers [B]who choose to opt-in on the 9.5 list [/B]shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one-half (9.5) hours per day for any three (3) days in a workweek. If a grievance under this provision (or a grievance under any excessive overtime provision of a Supplement, Rider or Addendum) cannot be resolved at the local level, [B]including Supplemental[/B] [B]Panels, where applicable, [/B]the Union may docket the grievance to be heard by the “9.5 Committee.” This Committee shall be composed of two (2) Union and two (2) Employer representatives. The 9.5 Committee shall have the authority to direct the Employer to adjust the driver’s work schedule. Deadlocked cases shall be referred to the Employer’s Vice President of Labor Relations and the Co- Chair of the Teamsters United Parcel Service Negotiating Committee for final and binding resolution. The Employer’s Vice President and the Union’s Co-Chair shall have the discretion to grant the grievant double [B]triple [/B]time pay for hours worked in excess of nine and one-half (9.5) hours per day and/or to order the Employer to adjust the driver’s work schedule. In the event the Employer’s Vice President and the Union’s Co-Chair cannot resolve a grievance, either party may refer the matter to arbitration in accordance with Article 8. In the event the position of the Union is sustained, the arbitrator shall have the authority to impose any remedy set forth in this Section. [B]The 9.5 Committee shall also have the authority to adopt guidelines to ensure that this Section is[/B] [B]implemented in such a way as to balance the Employer’s need to protect the integrity of its[/B] [B]operations with an employee’s legitimate need to avoid excessive overtime.[/B] [B] [/B] (d) No employee shall be disciplined for exceeding personal time based on data received from the DIAD/IVIS or other information technology. [/QUOTE]
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