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Mgmt refuses to pay overtime incentive
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<blockquote data-quote="The Other Side" data-source="post: 446356" data-attributes="member: 17969"><p>Your memory is not accurate and your premise is a failed one.</p><p> </p><p>YOU and your coworkers have NO, ZERO, NADA rights to negotiate outside the contractual barriers. This is provided for in the NMA under article 6.</p><p> </p><p>Try reading article 6 and see the limitations outlined for both the company and workers making agreements outside the established and ratified contract.</p><p> </p><p>As stated earlier, if the company wants to pay a "bonus" it has that right, it also has the right to withold a bonus as it is not an AGREED contractual right of the employee.</p><p> </p><p>The company labor manager has no JURISDICTION or AUTHORITY to negotiate contractual language at the center level.</p><p> </p><p>The "bonus" effect is nothing more than a gift, and that gift can be taken away "at will" by the company and there would be NO case to claim it as it does not exist.</p><p> </p><p>An arbitor would simply ask the union to "produce" the contractual agreement outlining bonus and the union would stand there looking as dumb as dirt.</p><p> </p><p>He would then ask the company to provide the "bonus" outline and they also would not be able to provide one.</p><p> </p><p>What they would say, is some engineer made a study on a route, using various measurement criteria and created a time value but by no means "promised" any employee a bonus on that time in which he/she finished faster than the time studied.</p><p> </p><p>If an employee decides to run the route faster than "planned", thats on the employee, the arbitor will rule. The company said it would take 10 hours and thats what it should take. If an employee skips lunches and breaks to break standards, then the company has no obligations to pay him for it. State law prohibits an employee from skipping lunch and breaks as the law cannot be violated by an employee.</p><p> </p><p>The bigger point here is this.</p><p> </p><p>WE DONT WANT TO LEGITIMIZE PRODUCTION STANDARDS.</p><p> </p><p>If we do, then drivers will be getting canned all over the country. This is why this is a non issue.</p><p> </p><p>If your argument is that the time "beaten" is legitimate, then all routes become legitimate and the company could set a course on eliminating drivers for stealing time, lack of production or failure to do the job within the parameters of the job classification.</p><p> </p><p>We NEVER legitimize production.</p><p> </p><p>All you "yunkyard labor lawyers" better take a lesson.</p><p> </p><p>If you bring a case against the company for payment for production bonus, then an equal case for termination could be brought against another driver for going in the hole.</p><p> </p><p>This would be the by product of your actions.</p><p> </p><p>Better to leave the production issue alone, if you get it, great, if you dont, let it go.</p><p> </p><p>The bigger evil will always win.<img src="/community/styles/default/xenforo/smilies/FeltTip/dead.png" class="smilie" loading="lazy" alt=":dead:" title="Dead :dead:" data-shortname=":dead:" /></p></blockquote><p></p>
[QUOTE="The Other Side, post: 446356, member: 17969"] Your memory is not accurate and your premise is a failed one. YOU and your coworkers have NO, ZERO, NADA rights to negotiate outside the contractual barriers. This is provided for in the NMA under article 6. Try reading article 6 and see the limitations outlined for both the company and workers making agreements outside the established and ratified contract. As stated earlier, if the company wants to pay a "bonus" it has that right, it also has the right to withold a bonus as it is not an AGREED contractual right of the employee. The company labor manager has no JURISDICTION or AUTHORITY to negotiate contractual language at the center level. The "bonus" effect is nothing more than a gift, and that gift can be taken away "at will" by the company and there would be NO case to claim it as it does not exist. An arbitor would simply ask the union to "produce" the contractual agreement outlining bonus and the union would stand there looking as dumb as dirt. He would then ask the company to provide the "bonus" outline and they also would not be able to provide one. What they would say, is some engineer made a study on a route, using various measurement criteria and created a time value but by no means "promised" any employee a bonus on that time in which he/she finished faster than the time studied. If an employee decides to run the route faster than "planned", thats on the employee, the arbitor will rule. The company said it would take 10 hours and thats what it should take. If an employee skips lunches and breaks to break standards, then the company has no obligations to pay him for it. State law prohibits an employee from skipping lunch and breaks as the law cannot be violated by an employee. The bigger point here is this. WE DONT WANT TO LEGITIMIZE PRODUCTION STANDARDS. If we do, then drivers will be getting canned all over the country. This is why this is a non issue. If your argument is that the time "beaten" is legitimate, then all routes become legitimate and the company could set a course on eliminating drivers for stealing time, lack of production or failure to do the job within the parameters of the job classification. We NEVER legitimize production. All you "yunkyard labor lawyers" better take a lesson. If you bring a case against the company for payment for production bonus, then an equal case for termination could be brought against another driver for going in the hole. This would be the by product of your actions. Better to leave the production issue alone, if you get it, great, if you dont, let it go. The bigger evil will always win.:dead: [/QUOTE]
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