PROPOSAL: ARTICLE 37-read and discuss

Discussion in 'UPS Union Issues' started by BrownShark, Oct 24, 2007.

  1. BrownShark

    BrownShark Banned

    ARTICLE 37 Management-Employee Relations

    Section 1.

    (a) The parties agree that the principle of a fairs days work for a fair days pay shall be observed at all times and the employees shall perform their duties in a manner that best represents the Employers best 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 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.

    (b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the understanding that such package car driver will complete his/her assignment and subject to the provisions below:

    AN EMPLOYEE WHO DESIRES TO BE RELIEVED FROM OVERTIME ON A PARTICULAR DAY MUST MAKE A WRITTEN REQUEST ON A FORM FURNISHED BY THE EMPLOYER. SUCH A REQUEST MUST BE SUBMITTED NO LATER THAN THE START OF HIS/HER SHIFT ON THE FIFTH (5TH) CALENDAR DAY PRECEEDING THE DAY REQUESTED.

    A SIGNED COPY OF THE REQUEST FORM STATING APPROVAL OR DISAPPROVAL SHALL BE RETURNED TO THE EMPLOYEE BY THE END OF THE EMPLOYEES NEXT WORKING DAY. SUCH REQUEST SHALL BE GRANTED OR DENIED IN ACCORDANCE WITH THE TERMS OF THIS SUB-SECTION. IF A REQUEST IS DENIED ON THE ABOVE REFERENCED FORM, THE EMPLOYEE SHALL RECIEVE A TWO (2) HOUR PENALTY PAYMENT AT HIS/HER STRAIGHT TIME RATE IF THE REQUEST SHOULD HAVE BEEN GRANTED AT THIS TIME BASED ON THE CRITERIA SET FORTH IN THIS SUB-SECTION. THIS TWO HOUR PAYMENT SHALL ALSO APPLY IF THE EMPLOYER APPROVES THE REQUEST AND LATER INFORMS THE EMPLOYEE HE/SHE CANNOT BE RELIEVED OF OVERTIME, PROVIDED THE REQUEST CONTINUES TO MEET THE CRITERIA SET FORTH IN THIS SUB-SECTION.

    IN ADDITION, IF AN EMPLOYEES REQUEST IS GRANTED BUT THE EMPLOYER FAILS TO ADJUST THE DRIVERS DISPATCH SO AS TO PROVIDE AM AMOUNT OF WORK THAT CAN REASONABLY BE COMPLETED WITHIN EIGHT (8) HOURS WHICH THEN CAUSES THE DRIVER TO WORK IN EXCESS OF EIGHT AND ONE HALF HOURS TO COMPLETEHIS/HER ROUTE, THE DRIVER SHALL BE ENTITLED TO A TWO (2) HOUR PENALTY PAYMENT AT HIS/HER STRAIGHT TIME RATE. NO PENALTY SHALL BE DUE IF THE EMPLOYEE EXCEEDS THE EIGHT AND ONE (8.5) HOUR THRESHOLD AS A RESULT OF EVENTS BEYOND THE EMPLOYERS CONTROL.

    The center manager and the steward shall process such requests based on seniority. The Employer shall allow a minimum of ten (10%) percent of the package car drivers worked in any center off on a daily basis. No package car driver will be granted more than two (2) requests per month. It is understood that to accomplish this the above, the employer may need to provide an earlier start time. It is further understood that the employer is not obligated to let more than one (1) driver in a loop off at one time. This sub-section applies regardless of whether the driver has opted in or out pursuant to the provisions of sub-section c below.

    ***Please read this carefully and post what you believe this part of article 37 means and how it is to be applied.******

    Include with your post whether or not you believe this will be applied fairly in your center based upon the established practice in your center.

    Next part of 37 will be in next post.

    Peace.
     
  2. BrownShark

    BrownShark Banned

    (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 folowing language shall apply, except in the months of November and December.

    SUCH REQUESTS MAY ONLY BE MADE FOR THE FIVE (5) MONTH PERIODS BEGINING ON EACH JANUARY 1 AND JUNE 1 OF EACH YEAR. NO LATER THAN THIRTY (30) DAYS PRIOR TO EACH JANUARY 1ST AND JUNE 1ST, EACH PACKAGE CENTER WILL POST A "9.5 OPT IN / OPT OUT" LIST FOR THE APPLICABLE FIVE (5) MONTH PERIOD. EACH FULL-TIME SENIORITY DRIVER IN THE CENTER MUST MAKE AN ELECTION TO OPT IN OR OPT OUT OF THE 9.5 LANGUAGE IN THE SUBSECTION NO LATER THAN TEN (10) DAYS PRIOR TO THE APPLICABLE FIVE (5) MONTH PERIOD. THOSE FULL TIME DRIVERS WHO CHOOSE TO OPT OUT OF THE 9.5 LANGUAGE IN THIS SUBSECTION WILL HAVE NO RIGHT TO FILE A GRIEVANCE ALLEDGING EXCESSIVE OVERTIME EITHER UNDER THIS SUBSECTION OR UNDER AN EXCESSIVE OVERTIME PROVISION IN THE SUPPLEMENT, RIDER OR ADDENDUM.

    Drivers who choose to opt in on the 9.5 list 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, INCLUDING SUPPLEMENTAL PANELS, WHERE APPLICABLE, the Union may docket the grievance to be heard by the 9.5 committee.

    The employers vice president and the unions co-chair shall have the discretion to grant the grievant TRIPLE 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 drivers wok schedule. In the event the Employers Vice President and the Unions 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 the section.

    THE 9.5 COMMITTEE SHALL ALSO HAVE THE AUTHORITY TO ADOPT GUIDELINES TO ENSURE THAT THIS SECTION IS IMPLEMENTED IN SUCH WAY AS TO BALANCE THE EMPLOYERS NEED TO PROTECT THE INTEGRITY OF ITS OPERATIONS WITH AN EMPLOYEES LEGITIMATE NEED TO AVOID EXCESSIVE OVERTIME.

    (D) No employee shall be discipline for exceeding personal time based on data recieved from the DIAD/IVIS or other information technology.

    ******please read this carefully and think how this will work in your center. Good or bad, post your thoughts on this section and whether you believe this is good for package drivers across the country.*****

    Peace.
     
  3. BrownShark

    BrownShark Banned

    Lets talk about section (c)

    In my opinion, this has to be the biggest piece of garbage ever written.

    It has many complexities and eliminates seniority for the entire year. Most of what will happen is not written, and the idea, well grand, is poorly written in this section. You have to think about the possibilities that will come up in this section and the LACK of protections contained in it.

    First, opt in / opt out. What the hell is this?? If you opt in, there is NO guarantee that you will be worked less than 9.5 hours. Its the same unenforceable language that we have now. If the company works you three days a week over 9.5 you can file a grievance.

    Terrific, then you have to begin an 8 month journey thru hoops and ladders to try and get a triple time payment for the excessive overtime, however, by that time, you are out of the 6 month window and the problem is moot by then.

    Second, all drivers must make this choice in the month of december for the next six months....? Who knows what will happen in their lives this far in advance. Once you opt in or opt out, you cant change your mind.

    What if your wife got sick and you needed to be home early, what if your kids are sick? You cant get off this list.

    Thirdly, lets say a 20 year driver likes his 10.15 hours a day that his route runs everyday and decides to opt out for the 6 months, and a 1 year driver decides to get on the 9.5 list. On the days when the 1 year drivers load will be adjusted to get him under 9.5 hours, the 20 year driver will be subject to the extra work regardless of the planned day because he opted out and WAIVED his rights to grieve the extra work!! In effect, the company could increase the load to 12 hours on road on january 1 monday thru friday until june 1 and there is nothing a driver on the opt out list can do about it. (think about it folks):scared:

    This does not protect us!!

    The 20 year driver just became a utility driver all over again. There is no provision for this work to be assigned to a lower seniority driver on the opt out list, only a waiver that the TEAMSTERS agreed to give the company that prevents the 20 year driver from complaining about it.:scared:

    Fourth, if you "opt in", this also does not mean you are entitled to 9.5 hours either. The company can simply give you your 8.0 hour guarantee jan 1 thru june 1. Overtime is not GUARANTEED. Your supervisor or center manager can effectively restrict you to 8.0 a day for six months if you "opt in" as a payback for doing so. There is nothing you can do about it. :scared:

    Additionally, if you "opt in" and YOU extend your day to exceed 9.5 hours (ie: go help a buddy), can the company discipline you for it? This is not addressed. I guarantee you a supervisor will try it.:scared:

    In our current contract, overtime can be relieved in the months between january and october, now however, the TEAMSTERS have agreed to cut this time down to six months (jan thru june) which is a net loss of 5 months.

    What does this mean?

    It means that begining on June 2 each year, your loads can be whatever the company wants and you have no rights to ask for the load to be reduced. Effectively, peak-like dispatches can be assigned to a driver each day and complaints of excessive overtime would be moot. The company will cut routes like never before and increase the loads to 12 hours on road.

    How does this help the driver???

    Overall, this section is full of mistakes and we need to have it corrected or modified in order for it to make sense.

    For me, this section disqualifies the contract from passing this time around.

    I am voting NO.

    Peace.
     
  4. Fredless

    Fredless APWA Hater

    Very good points! I'll see what the president of our local has to say this friday at our meeting about this contract.

    What scares me the most if the part timer health language and the use of cover drivers at company convienience.
     
  5. browned out

    browned out Active Member

    It is garbage as is most of the rest of this contract proposal. I think 95% of the drivers in our center will get on the 9 5 list. I can not believe how bad this thing is.

    We are not like the struggling auto industry. UPS is making tons of money. We are not lucky to have the benefits that we have. This piece of crap is not even as good as the 1997 contract.

    Vote no and no again:sad:
     
  6. Bentley

    Bentley New Member

    Well I agree with "Brown Shark"!!! This is the craziest thing I have ever heard in a contract. I know in my center if one guy puts in for a an 8 hr day now, the driver next to his loop gets hammered already. Just imagine what kind of hell you would be going through then. UPS is always stressing "safety First", what kind of safety would you really be having if you opt in to excessive hrs. All I can say is OH MY BACK!!!!!!!!!!!!!

    From most everything I've heard about this contract it terrible anyway. On top of that the whole half a raise now and half a raise then thing is crap too! I mean that really shows that the company really cares about the employees also. Its like there double dipping, there making money off the customers but then there making money off the other half of the raise to employee by collecting interest off the other half for 6 months of thousands and thousands of employees.
    I just cant imagine someone voting "yes" and the pension................:wink:
     
  7. GuyinBrown

    GuyinBrown Blah

    If I was dispatched with "only" 8 hours worth of work every day, I'd be happier than a pig in... well, I'd be pretty damn happy. :wink:

    I can pretty much guarantee that I have more work than I want on my truck each and every day. I'll be opting "in" with a big, giant, colored Sharpie marker so that they couldn't miss my name if they tried. Might even sign it 2 or 3 times for redundancy's sake.....
     
  8. Braveheart

    Braveheart New Member

    EVERYBODY NEEDS TO GET ON THE 9.5 LIST !!!!!!!!!!!!!!

    Forces them to put more routes on for one!

    They then will not be able to over dispatch those who do not sign the list everyday!!!

    They will not be able to single out the 20% of drivers on it if 100% are on it!!!!

    If you are going to work the excessive OT you may as well be paid for it at triple time right!!!!!!

    There is no way they are going to hold drivers to 40 hour weeks, but if they do, sign me up ASAP!!!!!

    Everybody needs to get their 2-8 hour days every month!!!!
     
  9. BigBrownSanta

    BigBrownSanta New Member

    If I choose to opt out of the 9.5 language and lose my right to file a grievance, can I also choose to opt out of say 50% of my monthly dues?

    GuyInBrown - Hilarious. That's exactly what I was thinking too. LMAO.
     
  10. BigBrownSanta

    BigBrownSanta New Member

    I plan on grabbing a stack of requests.

    As soon as they deny one request, I'll hand them another request.

    For every one that they deny, I'll file another grievance.
     
  11. BrownShark

    BrownShark Banned

    Brother Brown Santa,

    Funny post!! I got a good laugh out of it!!

    However, lets talk serious for a moment. While I understand your post completely, and the premise from the outset looks great, but your missing something.

    Language is a serious thing. Deffinitive language is the key. Words like MUST, SHALL, ALWAYS define something that has to happen.

    Words like may, maybe, possible, occassionally & frequently describe things that MIGHT happen.

    In this case, the 8 paid day hour request is very clear. As you read it, and then formulated your idea of filing for grievances each and everytime, you miss ONE very important part of the sentence structure of the language.

    It reads like this in part: ".....No package car driver will be granted more than two (2) requests per month."

    It doesnt say that you GET 2 days at 8.0 hours each month, it clearly sez you get 2 R E Q U E S T S per month.

    Once you have asked for an 8.0 paid day two times a month, you have used all your REQUESTS for the month. Even if you are denied the 2 requests, thats all your entitled to.

    This is what is sez. It may not be what it was intended to be, but this is what it sez. This would stand up in arbitration.

    Nowhere in the language does it say you can make 20 requests in a month in order to eventually get 2 days at 8.0 hours.

    Everyone thinks thats what it sez but it doesnt.

    Lets take another look at the language. A driver "OPTS IN" the 9.5 language, during the month he asks for 2 requests for 8.0 paid day hours and he is denied. According to the new language, the company, if found to have violated the sub-section would have to pay a 2 hour straight time penalty to the driver. You file a grievance, the BA comes in a yells at the manager and Division manager and convinces them you should have been granted the 8.0 hours. Ok, great. That would amount to $57.00 (full rate driver) times 2 = $114.00 HOORAY!! you beat the company!!

    Now, next week, the company decides to get back the $114.00 by dispatching you to a 40 hour workweek and eliminating your overtime for the week. Overtime is $43.21 currently (full rate driver) thats 1.5 hours a day times 5 =$324.07.

    $114.00 grievance settlement
    $324.07 minus loss of overtime opt in 9.5 language
    $210.07 net loss

    Who wins?

    Not you! you are a loser to the tune of $210.07!

    Remember, OVERTIME is not guaranteed. Only your 8.0 hours are guaranteed and the 9.5 language sez up to 9.5 hours.

    Congratulations, you were screwed by your own contract not the company. Oh and by the way, the way they get you down to 8.0 hours is to bomb all the dummies with your work when they OPTED OUT and waived their rights to complain about excessive overtime.

    What the contract sez and what we think are 2 different things.

    Language is the key. We must make the Teamsters clearly define this section and clear the air with stops and checks that protect us in reality and not muck the water with useless verbage.

    Peace Brother.:thumbup1:
     
    Last edited: Oct 26, 2007
  12. VTBrown

    VTBrown Member

    Umm......your missing one big point in your argument.

    If a driver is putting 8.5 requests in (as it is not 8) and OPTs in to the 9.5 protection.

    They DON'T want the overtime.

    So the company giving them 40 hours weeks is doing what? Sign me up!
     
  13. GuyinBrown

    GuyinBrown Blah

    You're incorrect. It doesn't say "No package car driver can ask for more than two (2) requests per month." It says, "No package car driver will be granted more than two (2) requests per month."

    You can ask for as many as you want. However, they are only required to GRANT two of those requests.
     
  14. BrownShark

    BrownShark Banned


    You see this is very good, we are discussing.

    Where do you read that you can request as many times as you wish? Point this out.

    Granted ? Yes. as to what? Requests. You are to be granted two bites at the apple, not as many as you wish.

    One common mistake people make when reading our contract is adding or replacing verbage that does not exist.

    Second, interpretation vs defined language. Many of you have never put on a case in front of an arbitor in your lives and if you did you would learn the value of defined language.

    While it may have been the "practice" of your respective centers to allow multiple requests, this however is not the LANGUAGE.

    You are only ALLOWED TWO REQUESTS. Period. There is also no defined guarantee that you get the request granted either. Indeed, the formula states that 10% of the center can be allowed to take an 8.0 hour day, but it does not define who gets it.

    As to your pointing out that I am incorrect. You stand corrected yourself.

    To make your point valid, please demonstrate the verbage contained in the article that permits an endless or (20) requests per month?

    20 would be the sum total of one request for every day in a 4 week month.

    Dont OVERREAD the article, use the language as it is written and try not to supplement its intention with your interpretation.

    Words are key.

    Great debate.

    Peace.
     
    Last edited: Oct 27, 2007
  15. BrownShark

    BrownShark Banned


    Vt,

    Where exactly is it stated that it is an 8.5 request?

    Once again, demonstrate where the request is to be 8.5 hours?

    In the article, it has a "qualifier" that states 8.5 hours, however, this only sets the stage for a "penalty" and this does not affect the request.

    As to the latter point, if a driver opts in for 9.5 and "expects at least 9.5, a loss of the 7.5 hours at time and one half would put this driver in a negative.

    The point being, filing a grievance, going thru the motions, getting on the *****list for filing a grievance, winning a settlement, then having 7.5 overtime hours stripped the following week makes the whole process moot.

    This is the point.

    Lets try and not change the original intention of the point to suit your dedicated need.

    Let me put it to you this way, If a driver opted in the 9.5 language and the company was giving him 8.0 a day for five days, wouldnt it be unnecessary to file for an 8.0 hour day?

    Your point seems to disappear that way, doesnt it?

    Peace.
     
  16. BrownShark

    BrownShark Banned

    Lets look at some sentences.

    Which one fits this situation better?

    This is how it is written currently:

    1) ".....No package car driver will be granted more than two (2) requests per month."

    This is how it should be written:

    2) "....No package car driver will be granted more than two (2) 8.0 hour days per month.

    or

    3) "...All package car drivers shall be granted two (2) 8.0 hour days per month. (excluding November and December)

    Which sentence clearly defines the intention of the article?

    Peace.
     
  17. GuyinBrown

    GuyinBrown Blah

    I concur.

    Now, please show me where it says you are limited to two requests per month.
     
  18. brownmonster

    brownmonster Man of Great Wisdom

    An 8 hour load is by UPS definition an 8 hour request. Joe, can you help Jim out with some pickups today, he has an 8 hour request.
     
  19. Brown Dog

    Brown Dog Brown since 81

    Brown shark is right on top of the issue. The things we wanted protected are actually more vague and less enforceable than before. Where I work, most drivers would love to have 8 hour days. I understand that many drivers elswhere love the overtime. We are sick and tired of near 9.5 every day. No time to watch your kids b'ball game, or your daughters dance recital, whatever! Every day punching out after 630pm makes me think my employer doesnt really give a rat's a** about me and my family. I give a fairs day work every day, now I would like our new contract to protect and be able to enforce some of these issues
     
  20. BrownShark

    BrownShark Banned

    Brother Guy,

    Ok, let me see if I can clear this one up for you.

    "... NO PACKAGE CAR DRIVER WILL BE GRANTED MORE THAN TWO (2) REQUESTS PER MONTH. "

    Sentence structure my brother. As a former Executive Officer, Business Agent and shop steward for over 15 years now, and with the added advantage of sitting at the 92,97 & 2002 table, I think I know a little something about sentence structure.

    To begin with, lets take the sentence apart and find out what it means.

    "....NO PACKAGE DRIVER - this clearly defines the "WHO" in the sentence.

    ".....WILL BE GRANTED - this defines what the "ACTION" will be

    "...MORE THAN TWO (2) -this describes the "NUMERICAL" limitations of the sentence

    "...REQUESTS - this defines the "WHAT" in the sentence

    "....PER MONTH.- this describes the "PERIOD OF TIME" in the sentence.

    These ingredients formulate a sentence. From this formulation you can establish what are the limitations of the actions.

    2 REQUESTS per month is clearly written. Not UNLIMITED REQUESTS.

    Requests, not 8.0 hours.

    Once you have placed your TWO requests for the month, granted or denied, you are DONE.

    This sentence was in part a compromise in 2002 with the company.

    You think the company wants everyone making 20 requests a month each? In a 95 man center that would be 1900 requests a month.

    Out of that 1900, they would have to approve 190 days at 8.0 hours.

    This is why it does not say that. Think about it.

    In a 95 man center, the most requests that could be made is 190.

    Once again, dont over think the sentence.

    Peace.