Who can help with Central Region Supplement (extra work)

Discussion in 'UPS Union Issues' started by RealPerson, Dec 12, 2014.

  1. RealPerson

    RealPerson Active Member

    Hello,

    First, Yes, I am going to go to a couple of stewards, but I want to get some other Stewards outside my buildings view on things.

    First question, how do you determine what section overrides each other section???

    The issue I am having is "Extra Work"

    Article 3 Section 16 - Extra Work
    This says a Combo job person (I guess they mean 223) has the right to bid on a Special sort being put in place on Saturday and Sunday, as long as some things are met.

    Article 11 Section 3
    This talks specifically about Part timers and extra work.

    Is Article 3 section 16 talking about Drivers and Driver work only? Seems to be talking about that before and after section 16.

    Does UPS have to decide if the extra work on the weekend is FT or PT work? If it is FT is there an 8 hour guarantee?

    Then Specifically to Part time extra work. Article 11 section 3.
    Talks about extra work shall be assigned within the classification and work area to those qualified, present and available.
    Then it says PT employees who exercise their seniority to perform extra work on another shift shall be assigned, by the employer, in seniority order to perform extra work..


    My 2 issues.
    We have a special sort added on Sat and Sunday and a 223 has bumped us part timers out.

    There is another bid sheet for Super Saturdays, and the Supervisor is saying that it is for His shift Only....


    What is
    "Within Classification"?
    "Qualified"?
     
  2. wage EARNER

    wage EARNER Member

    The way I read Art. 3 Sect 16, it does not give 'full-time' combo employees preference over part time employees. The article clearly states, the extra work for the combo employees goes to these employees if the extra work is "on their assigned shift" or "within their sort". So, if the extra work does not fall withing the combo employees' "assigned shift" or "sort", then it should be bid to the part-timers.

    I think you should grieve this and get paid.
     
  3. Bubblehead

    Bubblehead My Senior Picture

    Do you have a local seniority practice?
     
  4. RealPerson

    RealPerson Active Member

    BubbleHead


    This Saturday / Sunday thing has always been part time.
    a 223 grieved it, and the BA said it was his.
    He is a normal Car wash and night sort guy.
    The extra work is 9am on Sat / Sunday It is also a small sort between 2 trailers and one is Air and international. (doubt that is in his job description)
    They are trying to label it as twilight work, since the 223 is half car wash and half twilight (even though it is not normal twilight hours)
     
  5. Bubblehead

    Bubblehead My Senior Picture

    I asked about whether your local has a seniority practice because of the preamble to article 3 of CRT.
    This language makes it possible for these scenarios to differ from local to local.
    My local had a similar issue grieved last year and we do indeed have a local seniority practice.
    I wish we didn't, as it only serves to muddy the waters in most cases.
    Unfortunately, due to a lazy, irresponsible BA and a moron of a steward, the case was lost at the panel.
    Luckily, I believe the decision included the terms "based on the facts presented" and "no precedent set".
     
  6. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Is your Local seniority practice, something that is a written agreement ?

    Or, is it generally accepted by both parties ?


    In my Local....

    The work is first offered to the part-time hub employees.

    Then, to the 22.3's.

    After that (and before the company can claim they exhausted all means) any preload employees.

    It's not a written agreement, but "practiced". And the company pays grievances for violations.

    (Thats how it is supposed to work, in all of the Central)


    -Bug-
     
    Last edited: Dec 13, 2014
  7. RealPerson

    RealPerson Active Member

    Went to the union meeting today and talked to the BA.
    He said "within their sort" Means the entire building every shift.... (see below)

    BUG,
    Well we USE to offer it to Part Time Only.
    But a 22.3 said NO wait ... Article 3 Section 16 says you have to offer it to the 22.3 first.

    The language I am caught up on is this part...
    "
    Article 3 Section 16 - Extra Work
    Seniority shall prevail for extra work and the work shall be assigned
    by seniority, within the classification and work area, to those who
    are qualified, present and available. Full-time combination employees
    will be offered extra work on their assigned shift using total
    company seniority
    .

    When scheduling extra work on a holiday or special sort Qualified
    full-time combination employees will be offered extra work, within
    their sort
    , using total company seniority. It is understood that
    employees performing this work will be paid for the hours worked
    on these days at the applicable overtime rate provided they complete
    their bid work week."

    This is NOT the 22.3's Normal working hours, and what exactly does within their sort mean???


    Then I found this for part Timers....
    Article 11 Section 3 PART-TIME EMPLOYEES
    Part-time employees will work off the part-time employee seniority
    lists at each center. Seniority shall prevail for extra work and the
    work shall be assigned by seniority within the classification and
    work area to those who are qualified, present and available.

    Part-time employees who exercise their seniority to perform extra
    work on another shift shall be assigned, by the Employer, in seniority
    order to perform extra work. It is understood these employees
    shall be paid the appropriate rate of pay for all hours which they
    perform such work.


    I don't know.. Might just grieve it and take it higher, see where it goes....
     
  8. Bubblehead

    Bubblehead My Senior Picture

    It is a written agreement, for full time employees and does not address this specific issue.
    Its two big contributions are feeder bidding procedure and citywide seniority that allows for bidding jobs in all four facilities in the local.
    The company routinely tries to muddy Article 3 issues by sighting that we have a Seniority Practice, even when the issue is silent in the agreement.

    I'm not sure how they do it here, as I have never worked in the hub or as a 22.3 employee.
    I started in the car wash, then was an air driver before becoming a package car driver.
    There was 40 or so 22.3 employees who filed for being excluded in holiday extra sorts in 2012.
    They were heard as one sometime in 2013 at the panel.
    The business agent decided to go on vacation the month it was to be presented and tasked the 22.3 steward (an idiot) to present the case.
    This steward went up the night before, got a hotel room and proceeded to get drunk and overslept.
    The case was called in his absence and another BA from our local had to "wing it" until Sleeping Beauty burst into the room after the union and company had presented and were engaged in rebuttal.
    Sleepy then demanded a do over, but was quickly returned to his seat.
    Hence the decision; based on the facts presented, claim of the union denied no precedent set.
     
    Last edited: Dec 13, 2014
  9. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    That's common, for a Local seniority practice.

    The Ohio Panel wouldn't allow a Steward to "present" a case.

    He can certainly assist.... But, the other agent would still be the Local's representation.

    Yikes.

    That kind of reminds me, when Dave W. was a Business Agent.

    Got drunk in the bar (after the Panel) and then....

    Proceeded to confront the Company Chairman, in a drunken spiel. Last I saw him. :biggrin:


    And now, he runs your Local. Good luck with that.

    With the debacle (that was this case).... the decision is OK. It leaves the door open.



    -Bug-
     
  10. By The Book

    By The Book Well-Known Member

    Reading all posts here I would say the article 22.3 person, if qualified( can do the job) and has more seniority would be entitled to this extra work as long as this work is during his scheduled work hours., and he works his bid shift. A past practice is not written in the contract but is a way that some things have been done for years. These are mutually agreed on between the local and the company. They can be grieved. If there is language in the contract that supersedes these past practices then the contract should be followed. An example could be a full time driver comes in and works on his vacation that was scheduled and the contract states that all employees must take their properly selected vacation. If you are a seniority part timer and want more hours request them and sign the bids for that work. Within classification is when there are trucks to be loaded its part time work by seniority, and if there are ground packages to be delivered, it's driver work by seniority. Hope this example gives you a little more to narrow it down.
     
  11. Ashell

    Ashell Member

    I have run into stuff like this and people abuse the language. Like it says Combo can displace 2 part time employees, and they stretch that out to mean FT working 2 shifts is really just 1 shift and can then work a third shift, but that isn't violating the "no employee shall work 3 shifts in a 24 h period.

    IMO FT have a right to FT work. But don't have priority for extra work. Bumping people should go by skill/work area and center date. So if a FT 22.3 working in unload hired in 2000 wanted to bump a PT Sorter hired in 2010, I would be like hell no. But I'm not in charge of enforcing the contract. And it all comes down the "local practice" which is almost never consistent. Its all just a wash. I would say show up and make them send you home.
     
  12. RealPerson

    RealPerson Active Member


    It is NOT the 22.3 normal shift.
    This extra work is 9am to 5pm
    22.3's shift is 5pm to 2am ish
     
  13. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    You are going to grieve it.... Right ?



    -Bug-
     
  14. RealPerson

    RealPerson Active Member

    YES.

    I am going to list Past Practices as we always bid to PTer's first.

    Then I am going to grieve that "within their sort" means their normal sort times.
    I guess I am doing this on my own, as my BA said "within their sort" means it has to be posted in the building offered to everyone so they can see it on their sort... IDK
     
  15. By The Book

    By The Book Well-Known Member

    I don't know your shift times. What I'm getting to is if you are a preloader and work until 9:00 am for example and there is extra work available 9 to 5 it is after your shift., it is before the 22.3 shift as well. It would depend on the work as well. If it was ground delivery and the 22.3 was qualified and you haven't been driving yet, you would not be qualified to do the work. It's worth grieving so you get a clear understanding of the intent of this language in your supplement. I would talk to your BA and have him read it to you and explain this language as it pertains to your issue.
     
  16. annie345

    annie345 Member

    At our local we have similar contract language.. So we have preload, local sort, clerks, car washer, small sort.. Etc.. First we must offer the work by classification.. So if you have 4 clerks and there is extra clerk work then it must be offered in seniority order to the clerk classification then to the extra work list.. If you have extra preload work then first you must offer it by seniority to anyone who has a preload classification then go to the seniority list.. Full time employees wanting to work part time extra work will be offered the work after all employees within the classification have been asked and all part time employees who signed the extra work list have been asked... Full time employees are offered the work last.. 22.3 article refers to the requirement to add x amount of full time jobs to the workforce during the life of the contract.. Its not a job classification. If they are talking about 22.3 they are referring to full time extra work not part time.
     
  17. annie345

    annie345 Member

    A combo employee is someone who works two part time positions to equal one full time position.. They may have created the job under article 22.3 but 223 is not a job classification.. We have drivers that are 22.3 employees and we have combo employees that are 22.3 but in different job classifications.. The language is interesting.. In our center we have an employee that is combo preload and shifter.. The contract may afford him the right to extra preload work because it is within his classification.. I'd like to know how this turns out
     
  18. RealPerson

    RealPerson Active Member

    annie345 anyway I can contact you? PM?

    But just a FYI,
    This is Saturday work, they just assigned it the name twilight. It is NOT during twilight hours, it isn't during any shifts hours.
    This extra work is sat / sun 9am till finished (6-8 hours)
    Our shifts are 3am-9am pre-load, 4pm-9pm twilight, 11:59pm 330am Hub

    It has Always been offered part time before, but the 223 who is a combo twilight / car wash
    said
    Article 3 Section 16 - Extra Work
    Seniority shall prevail for extra work and the work shall be assigned
    by seniority, within the classification and work area, to those who
    are qualified, present and available. Full-time combination employees
    will be offered extra work on their assigned shift using total
    company seniority
    .

    When scheduling extra work on a holiday or special sort Qualified
    full-time combination employees will be offered extra work, within
    their sort
    , using total company seniority. It is understood that
    employees performing this work will be paid for the hours worked
    on these days at the applicable overtime rate provided they complete
    their bid work week."

    I am not sure what "within their sort" means. Does the work have to be performed within their sort hours if on a special day (not normal working). or as my BA says it has to be posted within their sort....

    Then as far as your other stuff about part timers, our Clerks and car wash people are the same way, as not many other People are Qualified to do that work. If it is extra work and posted for just general unload or loading and so on, then Anyone can signup on the bid sheet, as per this...

    Article 11 Section 3 PART-TIME EMPLOYEES
    Part-time employees will work off the part-time employee seniority
    lists at each center. Seniority shall prevail for extra work and the
    work shall be assigned by seniority within the classification and
    work area to those who are qualified, present and available.

    Part-time employees who exercise their seniority to perform extra
    work on another shift shall be assigned, by the Employer, in seniority
    order to perform extra work.
    It is understood these employees
    shall be paid the appropriate rate of pay for all hours which they
    perform such work