UPS' Last Best and Final Offer July 22 1997

Discussion in 'UPS Union Issues' started by 104Feeder, Sep 4, 2012.

  1. 104Feeder

    104Feeder Phoenix Feeder

    Article 1
    Section 3 (new)

    If a tentative National Master Agreement or the Employers's Final Offer is voted on a national basis and is ratified, no bargaining unit employee will be allowed to strike in connection with the rejection of a Supplement, Rider, or Addendum to the National Master Agreement and the Union shall not take any action to cause bargaining unit employees to violate Article 9, Section 1.


    This proposal takes away your right to vote on and/or reject your Local or Western (regional) contract. One vote instead of three. The Company could put a horrible offer on the table for the local and Western contracts then focus on the National and if it passes we are stuck with inferior local and Western contracts.

    The Local, Western, and National Contracts are three separate and distinct documents and each contract contains the language addressing specific items unique to, and found in, only that contract. Therefore, we absolutely must have the right to vote on and accept or reject each one. The Teamsters Union decides what is a Final Offer pursuant to Article 12, Sec 2, ss E, of the International Brotherhood of Teamsters Constitution. The Company, any Company, does not decide or tell us what offer is Final.
     
  2. 104Feeder

    104Feeder Phoenix Feeder

    Article 3- Recognition, Union Shop and Checkoff
    Section 4 Work Assignments

    The Employer agrees to respect the jurisdictional rules of the Union and shall not, Except as otherwise provided in this Master Agreement or to more promptly, efficiently, or economically perform the work, direct or require ITS, employees or persons, other than the employees in the bargaining units here involved, to perform work which is recognized as the work of the employees in said units. This is not to interfere with bona fide agreements with bona fide Unions. This section shall supersede language on the same subject in the Supplements, riders or Addenda. (This line would override Local and Western Contracts)

    Proposed May 14th 1997

    This first sentence proposal allows the Company to hire and use outside non-union people to do every bargaining unit job (feeder driver, part-time) if it is cheaper or quicker. It also allows subcontracting.
     
  3. 104Feeder

    104Feeder Phoenix Feeder

    Article 7- Local and Area Grievance Machinery


    Except in cases involving dishonesty, physical violence, threats of violence, sexual harassment, and infractions of equal seriousness or cardinal infractions under the applicable Supplement, Rider or Addendum, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until the discharge or suspension is sustained under the grievance procedure. Notwithstanding the foregoing, any superior provisions in Supplements, Riders or Addenda shall prevail. The Union agrees it will not unreasonable delay the processing of such cases. Provisions relating to local, state, and area grievance procedure may be invoked only bu the authorized Union representative or Employer.

    Notwithstanding any language in any Supplement, Rider or Addendum to this Agreement, any grievance deadlocked following exhaustion of the grievance machinery shall be resolved through final and binding arbitration.

    Authorized representatives of the Union may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein. Time limitations regarding the processing of grievances, if not set forthe in the respective Supplemental Agreements, Riders or Addenda, must appear in the Rules of Procedures off the various grievance committees and shall apply equally to the Employer, The Union and the Employees.
    All monetary grievance settlements shall be submitted by separate check payaple to the grievant or grievants and a copy of the same sent to the Local Union for their records. Such settlements shall be paid within ten work days of the settlement.
    ---------


    The first sentence proposal allows the Company to discharge you immediately for any reason they choose and ends "innocent until proven guilty" protections.
    Proposed July 16th 1997
     
  4. 104Feeder

    104Feeder Phoenix Feeder

    Article 8 Section 1

    *Removed Language* All grievances and/or questions of interpretation arising under the provisions of this National Master Agreement shall be resolved in the following manner: *Removed language*

    Article 8 Section 2 Work Stoppages


    All grievances and/or questions of interpretation arising under the provisions of this National Master Agreement shall be submitted to the Grievance Procedure for determination. Accordingly, no work stoppage, slowdown, walkout, or lockout over such grievances and/or questions of interpretation shall be deemed to be permitted or authorized by this Agreement, except failure to comply with a duly adopted majority decision of the National Grievance Committee in the case in which the decision was rendered.

    *Removed Language* a) failure to make health & welfare and pension contributions in the manner required by the applicable Supplemental Agreements, Riders and/or Addenda; and,

    *Removed Language* b) nonpayment of established wage rated provided for in this Agreement, Supplements, Riders and/or Addenda.

    *Removed Language* Except as provided in subsections (b) and (c) of this Section, strikes, work stoppages, slowdowns, walkouts or lockouts over disputes, which do not arise under the provisions of this National Master Agreement, shall be permitted or prohibited as provided in the applicable Supplement, Rider and/or Addendum.
    The Local Union shall give the Employer a 72 hour prior written notice of the Local Union's authorization of strike action, which notice shall specify the majority National Grievance Committee decision *Removed Language* or deadlocked National Grievance Committee decision providing the basis for such authorization.
    By removing the Deadlock language, the Company has removed the Right to Strike. There are rarely Majority decisions because there are an equal number of Employer & Union representatives on the Committee. See Article 8 Section 1 pp 2.

    *Removed Language* The Local Union shall comply with the provisions of the applicable Supplemental Agreement, Rider, or Addendum relating to strike action resulting from delinquencies in the payment of health & welfare, or pension contributions.


    ​Proposed July 16th 1997
     
  5. 104Feeder

    104Feeder Phoenix Feeder

    Article 9- Protection of Rights- No Strike/ No Lockout

    *Removed Language* Section 1 Picket Line
    *Removed Language* It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action (including but not limited to the temporary or permanent replacement of any employee) in the event an employee refuses to enter upon any property involved in a primary labor dispute, or refuses to go through or work behind any primary picket line, including the primary picket line of the Unions party to this Agreement, and including primary picket lines as the Employer's place of business. *Removed Language*

    Section 1. No Strike Pledge

    It SHALL be a violation of this Agreement and it SHALL be a cause for disciplinary action (up to and including discharge) for any employee covered by this Agreement to engage in any strike of any kind, including but not limited to, any sympathy or unfair labor practice strike, picketing, work stoppages, walkouts, slowdowns, sickouts, sit-ins, concerted overtime refusals, boycotts, or any other interruption or interference with the Employer's business, or to honor any picket line except as provided in Section 4. This Section strips away all of our rights to do anything.

    Section 2 Union's Obligations

    During the term of this Agreement, or any extension thereof, neither the Union nor it's members, agents, representatives, employees, or persons acting in concert with them, shall for any reason whatsoever encourage, direct, authorize, condone, participate in, threaten or sanction any strike of any kind, including but not limited to, any sympathy or unfair labor practice strike, picketing, honoring picket lines (except as provided in Section 4), work stoppages, walkouts, slowdowns, sick-outs, sit-ins, concerted overtime refusals, boycotts, or any other interruption or interference with the Employer's business or in any handbilling directed against the Employer or the Employer's products and/or services.
    This prohibits your Union from providing you any Union handouts at the Company gate.

    Section 3 No Lockout Pledge

    The Employer agrees that, during the term of this Agreement, or any extension thereof, there shall be no lockout of employees covered by this Agreement. Termination of employees in connection with the Employer's curtailment of certain operations for business reasons shall not be considered a lockout.
    This allows them to fire all people who perform Ground work if they decide to perform only Air Operations (or if they were to sell off the Ground part of the business to a subcontractor such as Western Express, Ontrac, etc.)

    Section (*Removed Language* 1.) 4. Picket Line

    It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action*Removed Language* (including but not limited to the temporary or permanent replacement of any employee)*Removed Language* in the event an employee refuses to enter upon any property of another employer, involved in a primary labor dispute, or refuses to go through or work behind any primary picket line at another Employer's place of business *Removed Language* including the primary picket line of Unions party to this Agreement, and including the primary picket lines at the Employer's place of business. *Removed Language* This would prevent us from supporting our fellow Union airline pilots should they strike.

    Section 2 changed to 5 and "his/her" replaced with "the"

    Section 3 changed to 6

    Section 4 *all language removed*

    Section 5 *all language removed*

    Section 7

    The provisions of this Article shall supersede any provisions to the contrary in any Supplements, Riders or Addenda.
    This section overrides our Local and Western Contracts.


    Proposed July 22, 1997
     
  6. 104Feeder

    104Feeder Phoenix Feeder

    *Remove ALL language*

    Article 28 Sympathetic Action

    In the event of a labor dispute between the Employer, party to this Agreement, and any International Brotherhood of Teamster's Union, parties to this or any other IBT Agreement, during the course of which dispute such Union engages in lawful economic activites which are not in violation of this or such other agreement, than any other affiliate of the IBT, having an agreement with such Employer, shall have the right only if sanctioned pursuant to the procedures of the International Constitution, and only after receiving such sanctions, to engage in lawful economic activity against such Employer in support of the above first mentioned Union notwithstanding anything to the contrary in this Agreement or the IBT Agreement between such employer and such other affiliate. *All language Removed*

    This removes the right of the Union & it's members to help in any way Union's affiliated with the Teamsters in regards to any strike, boycott, or economic action against UPS.


    ​Proposed July 16th 1997
     
  7. 104Feeder

    104Feeder Phoenix Feeder

    Article 34- Health & Welfare and Pension

    Section 1. Health Care Coverage

    a)The Employer will provide health care coverage to all eligible full-time and part-time employees covered by this Agreement and their spouses and eligible dependents pursuant to the terms of the UPS Health & Welfare Package.

    b) Eligible retirees who were former full or part-time employees and their eligible spouses and dependent children will be provided health care coverage until age 65 pursuant to the terms of the UPS Health & Welfare Package. This proposal provides no coverage after age 65, only Medicare & Medicaid. Our current plan provides coverage in addition to Medicare & Medicaid after age 65.

    c) Plan benefits for full-time and part-time employees as well as retirees will be maintained for the duration of this Agreement at levels no less than those outlined in the initial Summary Plan Descriptions. No reduction in the level of benefits may occur during the duration of this Agreement unless negotiated and agreed to by the Union.

    d) Health care coverage will be provided for up to 1 year for eligible full-time and part-time employees, their spouses, and eligible dependents when the employee is absent from work due to an on-the-job or off-the-job injury or illness. Full-time employees and their spouses and eligible dependents, who obtain supplemental long-term disability coverage, shall be provided health care coverage during the period that they qualify for long-term disability benefits.

    e) The Employer shall implement the new health care coverage within 6 months of the ratification of this Agreement. Until such new coverage becomes effective, employees will continue to be covered by the Union or Employer Health & Welfare Plan in effect on July 31, 1997. The Employer will continue to make Health & Welfare contributions at the level in effect on July 31 1997 to the applicable Teamster Health & Welfare fund until such time as the new health care coverage becomes effective.

    f) The Employere will provide to all active and retired employees eligible for coverage under the UPS Health & Welfare Package a Summary Plan Description in booklet form prior to coverage commencing. Employees will also be provided with an explanation of any changes at such time changes occur. The Summary Plan Description for the Health & Welfare package will be the governing language.

    g) (*Removed Language* h.
    In the event that national health care legislation is enacted, the parties agree to meet and discuss any ramifications of that legislation on the provisions of this Article.

    Section 2 Pension

    Preamble
    Pension benefits in the new UPS National Pension Plan for full-time employees and the improved UPS Pension Plan for part-time employees will be maintained for the duration of this Agreement at the levels described in the Plan Documents and as are summarized below. There will be no reduction in the level of benefits described herein unless negotiated and agreed to by the Union.
    Read all the fine print. This plan is only going to stay at this level of benefits for the duration of this Contract. In 5 years UPS will attempt the same "Take it or leave it" attitude as now. Can you say "Reduction in Benefits?"

    a) New UPS National Pension Plan
    (1) The Employer will establish a UPS National Pension Plan on or before December 31st 1997 for full-time employees described below. The pension program will provide a total monthly benefit from the UPS National Pension Plan and any other plan to which the Employer contributed on behalf of an employee based upon his/her years of service described in paragraph a)(3) below. For example, the total combined monthly benefit will be equal to the following provided the employee meets the Credited Service requirement:

    $3,500 for retirement at any age after 35 years of Full-Time Credited Service
    $3,000 for retirement at any age after 30 years of Full-Time Credited Service
    $2,500 for retirement at age 60 after 25 years of Full-Time Credited Service
    $2,000 for retirement at any age after 25 years of Full-Time Credited Service
    Contrary to Managements misrepresentation of the facts, the real truth is that our Western Conference of Teamsters Pension Plan pays far greater benefits and will increase even further in the future.

    The monthly benefit formula under the UPS National Pension Plan will be:

    $100 times the full-time Credited Service plus $50 times part-time Credited Service years subject to a maximum 35 years combined service less any vested benefit under any other plan to which the Employer contributed on behalf of the Employee.

    Elligble full-time employees shall be those covered by this Agreement and covered on the day before the Effective Date (see sec 3) by IBT Multi-employer defined benefit and defined contribution Pension Plans, including the Local 804 Pension Plan (collectively called the "Multi-employer Pension Plans), the UPS Pension Plan and by the Local 177 Pension Plan (all the forgoing plans collectively called the "Prior Pension Plans"). New hire full-time employees covered by this Agreement will also be covered by the UPS National Pension Plan.

    (2) If a full-time employee is covered by a Prior Pension Plan on the date immediately preceding the Effective Date that would have provided a benefit greater than outlined above, based upon the same years of service, the UPS National Pension Plan guarantees that the combined montly benefit paid under the UPS National Pension Plan and the Prior Pension Plan will not be less than what the employee would have been entitled to under the provisions of the Prior Pension Plan in effect on May 13, 1997 based on the benefit formula and/or the contribution rate in effect on that date, as if the Employer had continued its contributions to the Prior Pension Plan at that rate.
    The benefit formula and contribution rate are frozen at the May 13, 1997 rate. There will be no future benefit increases. $570.90 per month for each employee who worked 173 hours or more during such month, or $3.30 per hour worked. August 1st 2012 contribution is $9.60 for ALL COMPENSABLE hours up to 2080 per year, or by the May formula $1660.80 for each month covered (at 'all compensable' most hit their 2080 in early October). That's TRIPLE the previous amount!

    (3) Full-time employees will recieve 1 month of Credited Service for each 125 paid hours as a full-time employee up to a maximum of 1500 paid hours in a calendar year. Full-time employees who were part-time will receive credited service for paid hours as a part-time employee as described in b)(2).

    (4) Both prior full-time and part-time years of Vesting Service will count toward qualifying for the 30-and-out retirement and 25-and-out retirement. For full-time employees with previous part-time service, all years as a part-time employee with 750 or more paid hours will count as a complete year of Vesting Service.

    (5) If the employee does not have a vested benefit under his Prior Pension Plan, he/she will still be credited with years of service in accordance with this Section under the UPS National Pension Plan for those prior years.

    (6) The Employer will be rsponsible for funding the UPS National Pension Plan as required to provide the benefits described above and will be responsible for maintaining the Plan.

    (7) The UPS National Pension Plan shall be governed by the terms of the UPS National Pension Plan Document.
    Total Control by UPS. Dave Murray stated UPS will be the sole Administrator. UPS will decide if there are to be any future benefit increases. UPS will make all investment decisions and keep all profits and interest generated. All investment profits and interest currently generated under the Teamster administrated plan stay in the Plan and are used for benefit increases to the Members. The Members want to know.. What Plan? What Details? What Document? UPS is asking the Union to put our Members futures at risk and we will not do that.

    b) Improved UPS Pension Plan

    (1) Prior to December 31, 1997 or an earlier date determined by the Employer the UPS Pension Plan will be amended to cover all eligible part-time employees represented by the Union. The UPS Pension Plan will be improved to provide a combined monthly benefit from this Plan and any other plan to which the Employer contributed on behalf of an employee based on his/her years of service as described in paragraph b)(2) below. For example, the total combined monthly benefit will be equal to the following provided the employee meets the Credited Service Requirement:


    $1,750 for retirement at any age after 35 years of Part-Time Credited Service
    $1,500 for retirement at any age after 30 years of Part-Time Credited Service
    $1,250 for retirement at age 60 after 35 years of Part-Time Credited Service
    $1,750 for retirement at any age after 35 years of Part-Time Credited Service

    The monthly benefit formula under the UPS National Pension Plan will be:

    $50 times the part-time Credited Service plus $100 times full-time Credited Service years subject to a maximum 35 years combined service less any vested benefit under any other plan to which the Employer contributed on behalf of the Employee.

    Eligble part-time employees shall be those classified as part-time employees on the date prior to the effective date of the amendment to the UPS Pension Plan and newly hired part-time employees.

    (2) Part-time employees will receive 1 year of credited service for 750 or more paid hours. (6 months of part-time credited service will be granted for 375 to 500 hours worked in a calendar year, and 9 months of part-time credited service will be granted for 501 to 749 hours worked in a calendar year.). Employees will receive credited service for paid hours as a full-time employee as described in a)(3) above.

    (3) if the employee does not have a vested benefit under his Prior Pension Plan, he/she will still be credited with years of service in accordance with this Section under the UPS Pension Plan for those prior years.

    (4) If a part-time employee is covered by a Prior Pension Plan as described in paragraph a)(1) above on the date immediately preceding the Effective Date that would have provided a benefit greater than outlined above, based upon the same years of service, the UPS Pension Plan guarantees that the combined monthly benefit paid under the UPS Pension Plan and the Prior Pension Plan will not be less than what the employee would have been entitled to under the provisions of the Prior Pension Plan in effect on May 13, 1997 based on the benefit formula and/or the contribution rate in effect on that date, as if the Employer had continued its contributions to the Prior Pension Plan at that rate. The benefit formula and contribution rate are frozen at the May 13, 1997 rate. There will be no future benefit increases.

    (5) Both prior part-time and full-time years of Vesting Service will count toward qualifying for the 30-and-out retirement and the 25-and-out retirement for part-time employees with previous full-time service, all years as a full-time employee with 750 or more paid hours will count as a complete year of Vesting Service.

    (6) The Employer will be responsible for funding the UPS Pension Plan as required to provide benefits described above and will be responsible for maintaining the plan.

    (7) The UPS Pension Plan shall be governed by the terms of the UPS Pension Plan Document.
    Total Control by UPS. Dave Murray stated UPS will be the sole Administrator. UPS will decide if there are to be any future benefit increases. UPS will make all investment decisions and keep all profits and interest generated. All investment profits and interest currently generated under the Teamster administrated plan stay in the Plan and are used for benefit increases to the Members.


    Proposed July 22, 1997
     
    Last edited: Sep 4, 2012
  8. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Cliff notes please
     
  9. TechGrrl

    TechGrrl Space Cadet

    Great recap from 1997. How is this relevant now?
     
  10. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    I am confident the company will play hard-ball and try the same b.s. as years past.

    I only hope that the average hourly doesn't buy whatever line the union , Hoffa, etc cronies tries to sell them.
     
  11. TechGrrl

    TechGrrl Space Cadet

    Uh, excuse me, isn't the union, Hoffa, etc. actually REPRESENTING the employees in this negotiation? Not sure what you are suggesting here. Who should the average hourly listen to, if not their union? Surely you aren't suggesting they simply accept whatever the company is selling?
     
  12. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Hoffa is a crony stooge that , jmo, is best serve being ignored completely.
     
  13. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    *served, my typing is atrocious.
     
  14. 104Feeder

    104Feeder Phoenix Feeder

    Article 40

    Preamble
    In order for the Employer, the Union and the Employees to further benefit from the expanding air operations and other services which provide a guaranteed time definite commitment, the following Sections shall supersede language on the same subjects in the Supplements, Riders, and Addenda, unless specifically dictated otherwise in this Article. This will provide a loophole to run the entire operation under Article 40, using Part-time employees. All Categories of packages can be delivered by part-time employees- goodbye to Full-Time Package car driving jobs (see below also).


    Section 1- Air Drivers

    a) Air driver work shall consist of delivery,(*removed language "and"*)pickup and movement of air and other time definite packages. *REMOVED LANGUAGE which, because of time and customer commitments cannot be reasonably performed by regular package drivers *removed language*.
    Such work may (*removed language* "shall")include:

    1) Delivery and pickup of air and time definite packages which the regular delivery drivers cannot (*REMOVED LANGUAGE* ​deliver within the guaranteed time commitments *REMOVED LANGUAGE) reasonably perform within their regularly scheduled shift.

    2) Delivery of air and time definite packages arriving at the facility after regular drivers have been dispatched.

    3) Delivery and pick up of air packages on weekends and holidays.
    4)On Call air pickups
    5) Pick up at air counters and drop boxes.
    6) additional late air pickups

    7) Movement of air packages to and from airports and other locations such as service centers, UPS buildings, and driver meet points. Shuttle work currently performed by regular full-time drivers shall be excluded. Should a regular full-time driver vacate a postion which includes air shuttle work, that job shall either be rebid as it previously existed and continue to be paid at the regular driver rate, or the work may be combined with other air work to make one or more full-time job(s) to be performed by air drivers and be paid at the appropriate rate in accordance with Section 6 below. Any new shuttle work of air packages may be performed by air drivers.

    8) Air drivers may, on an exception basis, be used to make service on ground (*REMOVED LANGUAGE* "which are not air" *Removed Language*) packages.
    An exception ground package is intended to be when an Air Driver is making a pickup, as outlined above, after the regular driver has been at the customer's premises, and the customer has an exception ground package(s) for shipment, the air driver may make service on this package(s). Air drivers may also accept automatic return ground packages from consignees who have been provided this service by UPS shippers.

    Any violation of Section 1, (a) 8.) with regard to ground packages shall obligate the Employer to pay the Air Driver involved the difference betwen his/her rate of pay and the top regular package car driver wage rate existing at that building. Grievances concerning violation or abuse of this shall be referred directly to the National Air Committee.

    9) For the purposes of this Article only, time definite packages shall include any package which the Employer, as a part of it's service offering, guarantees delivery by a certain day of the week or a certain time of the day. Part-time unscheduled and less than 8 hour air drivers will only deliver non-air time definite packages when all reasonable efforts have been exhausted for dispatching such packages with regular package drivers and full-time air drivers, and only for the purpose of preventing time committed service failures. These employees will only pick up such packages in accordance with paragraph a) 8.) above or from letter centers.

    Any violation of Section 1. (a) 9.) shall obligate the Employer to pay the part-time air driver involved the difference between his/her rate of pay and the top full-time air driver's rate of pay existing at that building. Grievances concerning this Section shall also be referred directly to the National Air Committee.

    The workday for air drivers shall be as follows:

    1) 8 hours scheduled work in the air drivers classification, or a combination of 8 hours work in the air drivers classification and (*Removed Language* "Inside" *Removed Language*) other bargaining unit classifications except air walker (*Removed Language* "of package handling, package center operational clerk, carwasher, or porter." *Removed Language*) These employees will receive all appropriate full-time benefits.

    2) Less than 8 hours of scheduled work in the air drivers classification or a combination of less than 8 hours scheduled work in the air driver classification (*Removed Language* "the inside" *Removed Language) and other bargaining unit classifications except air walker (*Removed Language*) listed in (1) above. The Employer will notify the Union within 30 calendar days in writing when less than 8 hour position is created and the Union will have 30 calendar days to grieve the implementation if they believe such position is improper. This grievance shall go directly to the National Air Committee. *Removed Language*) These less than 8 hour employees shall receive appropriate part-time benefits. Any grievance filed by the Local Union alleging improper implementation of less than 8 hour positions may go directly to the National Air Committee.

    3) Combinations which require not more than a 2 hour gap between jobs will normally not be used unless mutually agreed to by the Local Union and the Employer.

    c. Air Driver Workweek

    (*REMOVED LANGUAGE*" The work week for full-time air drivers currently working a Monday through Friday work week shall continue on that schedule. the work week for additional full-time air drivers shall be any 5 consecutive days in 7 and for all part-time air drivers shall be any 5 in 7 days" *Removed Language). The Workweek for scheduled full or part-time air drivers may be any combination of days in a workweek up to 5 days.
    Split work week, any combination imaginable!d. Air Driver Guarantee and Overtime

    4.) The provisions above to not apply to (*Removed Language* "air exception work" *Removed Language*) an unsheduled air driver who performs extra work under Sections 1. h. j. or k below.

    h. Unscheduled (*Removed language* "Exception" *Removed Language*) Air Drivers

    1) The Employer and the Union recognize that there may be air and time definite packages that cannot be picked up, moved or delivered by the regular full-time package car driver or the scheduled air drivers listed in this Section. Therefore, the parties agree to continue the practice of allowing the use of part-time employees who have signed the unscheduled (*removed language* "Exception" *removed language*) qualified list or who have expressed in writing their desire to be on the list and who have been certified to deliver pickup and move these (*Removed Language* "Exception Air" *Removed Language*) packages.
    All categories of packages can be delivered by part-time employees. Goodbye to full-time package driving jobs.

    2) employees certified on the (*Removed Language* "Exception"*Removed Language*) Unscheduled Air Driver List who have not worked over 40 hours in the current work week shall be offered this extra air driver work by seniority.

    3) Unscheduled (*Removed Language*"Exception"*Removed language*) air drivers shall have no guarantee and will be paid only for the time worked as an air driver (*Removed Language*"making air deliveries"*Removed language*). In the Event a part-time employee works over 8 hours in any 1, 24 hour period he or she shall be compensated at the rate of time-and-one-half for all hours worked over 8 at the rate of pay specified in Section 6 below.

    4) No unscheduled air driver shall be required by the Employer to wait at a center for packages off the clock.

    Proposed July 22, 1997
     
  15. brownIEman

    brownIEman Active Member

    interesting excerpts from the companies last best final comprehensive contract proposal from 1997.

    Does anyone have a copy of the Unions comprehensive contract proposal from July 22nd or before?
     
  16. TechGrrl

    TechGrrl Space Cadet

    I suspect the way it works is the company proposes, then the union starts editing. I doubt they come in with their own version of the contract. Particular clauses, maybe.
     
  17. brownIEman

    brownIEman Active Member

    That is how it worked in '97 at least. Carey was brilliant at getting UPS to negotiate against themselves.
     
  18. soberups

    soberups Pees in the brown Koolaid

    This proposal would have eliminated all union jobs at UPS.
     
  19. soberups

    soberups Pees in the brown Koolaid

    It is relevant now because it demonstrates the importance of not allowing the company to force us to vote on an unacceptable offer.

    It is relevant now because it demonstrates the lengths that the company was (and is) willing to go to in order to screw us out of decent wages and benefits.

    It is relevant now because it demonstrates the importance of reading the fine print and having any proposal thoroughly examined by financial and labor law experts in order to avoid hidden giveaways. The Art 3 Section 4 proposal is a perfect example; those 18 words would have rendered the rest of the contract meaningless, since it would have given the company the unlimited ability to replace us with non union subcontractors. Those 18 words gave us no choice but to strike.
     
  20. brownIEman

    brownIEman Active Member

    Actually you had the choice to say, "that is bullsh%t, here is our counter proposal, we will not accept anything near what you are offering but will work under the current contract as we have in the past until we can come to a worthwhile agreement..."

    Your leadership never produced a comprehensive counter offer, even when UPS was naive enough to try to force one with its last best final. Your leadership wanted a strike, and nothing less.