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<blockquote data-quote="JonFrum" data-source="post: 499678" data-attributes="member: 18044"><p>Jasyatz,</p><p> </p><p>There is no "grey area."</p><p>There are no "contradictory terms."</p><p>And it's not true that " no one can make up their mind." I can.</p><p> </p><p>I realized at the outset that the language would be confusing for younger people so I quoted the revelant clauses and posted them. </p><p> </p><p>What keeps you upset is not the plain-English language of the Contract, it's that you don't LIKE what it says. It's a shame GandyDancer has played on your understandable disappointment, and confused some by reading into the various clauses, meanings that are just not there. He has also switched the conversation back and forth between several groups of employees who's facts are different, and therefore the Contract language applies differently to the different groups. This has throughly confused people even further.</p><p> </p><p>Anyway, you need to stop reading into the Contract and realize that even if this matter get to an Arbitrator, the Arbitrator has no power to "fix" the problem. Arbitrators are bound to follow the Contract based on a straightforeward matter-of-fact reading of the revelant plain-English language. They cannot rewrite the Contract in the interest of Justice For The Little Guy. "You cannot get in arbitration what you failed to get in negotiations." The Contract is a concessionary contract that was negotiated a year-and-a-half ago. It is what it is. Unfortunately, as usual, the members voted it in. </p><p> </p><p>Having said all that, there is always a (very) remote possibility that UPS will have a change of heart and give you raises even though they are under no contractual obligation to do so. Just as they could grant any other benefit unilatterally in mid-Contract. But I wouldn't hold my breath. Especially in the current economic climate.</p><p> </p><p>The fact that some Stewards, Business Agents, Supervisors, and Managers all have different opinions or no opinion on the language is irrevelant. Most of them just don't know because this is a rather obscure technical area that they were not party to negotiating. (You'd be amazed how few people bother to understand the Contract!)</p></blockquote><p></p>
[QUOTE="JonFrum, post: 499678, member: 18044"] Jasyatz, There is no "grey area." There are no "contradictory terms." And it's not true that " no one can make up their mind." I can. I realized at the outset that the language would be confusing for younger people so I quoted the revelant clauses and posted them. What keeps you upset is not the plain-English language of the Contract, it's that you don't LIKE what it says. It's a shame GandyDancer has played on your understandable disappointment, and confused some by reading into the various clauses, meanings that are just not there. He has also switched the conversation back and forth between several groups of employees who's facts are different, and therefore the Contract language applies differently to the different groups. This has throughly confused people even further. Anyway, you need to stop reading into the Contract and realize that even if this matter get to an Arbitrator, the Arbitrator has no power to "fix" the problem. Arbitrators are bound to follow the Contract based on a straightforeward matter-of-fact reading of the revelant plain-English language. They cannot rewrite the Contract in the interest of Justice For The Little Guy. "You cannot get in arbitration what you failed to get in negotiations." The Contract is a concessionary contract that was negotiated a year-and-a-half ago. It is what it is. Unfortunately, as usual, the members voted it in. Having said all that, there is always a (very) remote possibility that UPS will have a change of heart and give you raises even though they are under no contractual obligation to do so. Just as they could grant any other benefit unilatterally in mid-Contract. But I wouldn't hold my breath. Especially in the current economic climate. The fact that some Stewards, Business Agents, Supervisors, and Managers all have different opinions or no opinion on the language is irrevelant. Most of them just don't know because this is a rather obscure technical area that they were not party to negotiating. (You'd be amazed how few people bother to understand the Contract!) [/QUOTE]
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