Paying 95 grievance

Back first

Well-Known 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.
 

rkctkc

Well-Known 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.
 

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.
 

scooby0048

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

BigUnionGuy

Got the T-Shirt
Is there any language in the contract stating how long it takes to get paid for 95 grievance ?

Of course.

There is no limit.

Um.... wrong.


National Master Language.


ARTICLE 17. PAID FOR TIME

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.



-Bug-
 

Indecisi0n

Well-Known Member
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."

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

Indecisi0n

Well-Known Member
That's ridiculous.

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



-Bug-
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.
 

BigUnionGuy

Got the T-Shirt
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.

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.



-Bug-
 

BigUnionGuy

Got the T-Shirt
There are times where you get a check and it's a combined check of like 9-10 9.5 filings.

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.



-Bug-
 

Indecisi0n

Well-Known Member
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.



-Bug-
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.
 

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.
 
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BigUnionGuy

Got the T-Shirt
I have seven 9.5 grievances dating back to late April, when the language went into effect. None have yet to be heard at the local level.

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 ?

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"

That's standard.

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

They 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.

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.

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.


No guts, no glory.

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

Sam, never did.



-Bug-
 

Bubblehead

My Senior Picture
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 ?

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

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.

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.

No guts, no glory.
Never.... ever.... let your BA.... make decisions for you.
Sam, never did.

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