Paying 95 grievance

Discussion in 'UPS Union Issues' started by Back first, Jan 10, 2015.

  1. Back first

    Back first Active Member

    Is there any language in the contract stating how long it takes to get paid for 95 grievance. Asked my steward and he said it is being paid. Going on 7 months, ridiculous.
  2. rkctkc

    rkctkc Member

    I filed a 9.5 grievance in may of 2014. I got paid on it December 19 2014. if there is a time period for settlement, they sure don't care about it here.

    In fact, I wasn't even in package car anymore when I got paid on it. I had been in feeders since the end of August.
  3. Indecisi0n

    Indecisi0n Well-Known Member

    There is no limit. UPS does this purposely to try and discourage drivers from filing. I tell drivers to look at 9.5 money as extra unaccounted for cash. Once you file there is a paper trail so it's not like you won't get paid but it can take time. The longer they wait to pay you means the larger lump sum you will get in the end. We had drivers getting 1K-1,700 9.5 checks because the company kept pushing it off.
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  4. scooby0048

    scooby0048 This page left intentionally blank

    We had a snow day grievance (8hr) filed last September that was not paid until July.
  5. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Of course.

    Um.... wrong.

    National Master Language.


    page - 47 -

    "Any grievance settlement not paid within ten (10) working days of the settlement shall entitle the grievant(s) to a penalty payment as outlined above. The ten (10) working day period shall begin to run when the Labor Department representative agrees to the settlement, or is notified by the Union or management team of the settlement."

    You are entitled to penalty pay.... for every pay period missed.

  6. Indecisi0n

    Indecisi0n Well-Known Member

    There lays the problem. We are so backed up that it can take up to a year before they are processed.
  7. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    "...of the settlement (date)..." seems to be the part in question.
  8. They drag their feet hoping to Issue you a warning letter. They way they can try to play " Lets make a deal".
  9. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    That's ridiculous.

    Over 30 days.... and the problem needs to be addressed. Officially.

  10. Indecisi0n

    Indecisi0n Well-Known Member

    How do you do that when there are 70 grievances/hearings/arbitration in the pipeline? We file a lot in my center. But I totally agree with you. The waiting game does get some drivers to not even bother because of the wait.
  11. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    If you are not in a Panel system, and rely on arbitration....

    There is the problem.

    But, a year ?

    I'd be talking to the NLRB.

  12. Indecisi0n

    Indecisi0n Well-Known Member

    There are times where you get a check and it's a combined check of like 9-10 9.5 filings.
  13. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    99.9%.... of our 9.5 issues, are settled at the first Local level hearing.

    The company either violated the driver, or they didn't.

    There is a not even a discussion about what caused it.

    Violated ?

    You're paid.

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  14. Indecisi0n

    Indecisi0n Well-Known Member

    They are guilty on every filing. They just keep denying them until they can no longer and are forced to pay. It's their only move.
  15. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Your Local Union should file charges.

    That would fix the problem.... real quick. :biggrin:

  16. Bubblehead

    Bubblehead My Senior Picture

    I have seven 9.5 grievances dating back to late April, when the language went into effect.
    My 1st five month enrollment to the 9.5 opt-in list expired in October and I will be filing Monday for another 5 months.
    None have yet to be heard at the local level.
    Labor charges are on file...for what they're worth?

    On an unrelated issue, I have 2 labor charges on file that are still pending after 13 months.
    They were deferred to the "grievance process", which took a year make it to the state panel, where my business agent settled against my wishes without the grievances being presented to the panel.
    So, now the labor charges go forward.

    The whole process tends to be a gigantic "filibuster", designed to discourage members from enacting the grievance or labor charge procedure in the future...and it works.
    Last edited: Jan 11, 2015
  17. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Why haven't they been heard ?

    It only takes a phone call, to schedule a Local level hearing.

    What does your Steward and Local say ?

    That's standard.

    As I am sure you are aware.... the regional NLRB office.... is in your city.

    How does that happen ? When you are present ?

    You were there.... right ?

    Please tell me, you showed up.

    Unless, your BA missed the "cutoff" date to slate the grievance for the Panel....

    It only takes another month.

    No guts, no glory.

    Never.... ever.... let your BA.... make decisions for you.

    Sam, never did.

  18. Bubblehead

    Bubblehead My Senior Picture

    My steward (I know him very well) says it's ridiculous and an embarrassment, but he doesn't make that phone call.

    He settled it at prepanel the day before it was scheduled to be heard, where I was most assuredly going to attend.
    I spent the whole weekend gathering notarized statements and exhibits, since my BA had nothing prepared after a year.
    I was ready to go and very much wanted the case heard, not settled for less than my claim, as there were labor charges attached.
    Ron B has been my business agent since September of 2013 and hasn't presented one case at the state panel during that time.

    The grievance form gives the BA the authority to do just that.
    Sam had many grievances withdrawn or settled for him over the years.
  19. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Only.... if you let them.
  20. Bubblehead

    Bubblehead My Senior Picture

    Explain how "I let them" settle my grievances, in my absence and against my wishes?
    Last edited: Jan 11, 2015