Table of Contents for the UPS National Master Agreement NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT
NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT For the Period of August 1, 2002 through July 31, 2008 Covering: operations in, between and over all of the states, territories, and possessions
of the United States and operations into and out of all contiguous territory.
The UNITED PARCEL SERVICE, INC., an Ohio Corporation, and a New
York Corporation, in their Common Carrier Operations hereinafter
referred to as the “Employer,” and the TEAMSTERS UNITED PARCEL
SERVICE NATIONAL NEGOTIATING COMMITTEE Representing Local
Unions affiliated with the INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, and Local Union No. ____ which Local Union is affiliated
with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, agree to
be bound by the terms and conditions of this Agreement.
ARTICLE 1. PARTIES TO THE AGREEMENT The Employer and the Union adopt this Article and enter into this
Agreement with a mutual intent of preserving and protecting work and job
opportunities for the employees covered by this Agreement. No bargaining
unit work will be subcontracted, transferred, leased, assigned or conveyed
except as provided in this Agreement.
Section 1. Operations Covered The execution of this Agreement on the part of the Employer shall cover all
employees of the Employer in the bargaining unit at any existing centers,
new centers, new trailer repair shops, new air hubs and gateway operations,
new buildings, and any other new operations of the Employer within the
jurisdiction of the Local Union signatory to this Agreement as determined or
may be determined by the International Brotherhood of Teamsters, with
regard to wages, hours and other conditions of employment.
Section 2. Employees Covered Employees covered by this Agreement shall be construed to mean, where
already recognized, feeder drivers, package drivers, sorters, loaders,
unloaders, porters, office clerical, clerks, mechanics, maintenance personnel
(building maintenance), car washers, United Parcel Service employees in the
Employer’s air operation, and to the extent allowed by law, employees in the
export and import operations performing load and unload duties, and other
employees of the Employer for whom a signatory Local Union is or may
become the bargaining representative.
In addition, effective August 1, 1987, the Employer recognized as bargaining
unit members clerks who are assigned to package center operations, hub center
operations, and/or air hub operations whose assignment involves the handling and
progressing of merchandise, after it has been tendered to United Parcel Service
to effectuate delivery. These jobs cover: packages return clerks, bad address
clerks, post card room clerks, damage clerks, rewrap clerks, and hub and air hub
return clerks. This Agreement also governs the classifications covered in Article
39 - Trailer Repair Shop. Effective no later then February 1, 2003 the Employer
recognizes as bargaining unit members FDC/ODC clerks, international
auditors, “smart label” clerks and revenue auditors who work in the
operations facilities.
Section 3. Transfer of Company Title or Interest This Agreement shall be binding upon the parties hereto, their successors,
administrators, executors and assigns. In the event an entire operation, or
portion thereof, or rights only, are sold, leased, transferred or taken over by
sale, transfer, lease, assignment, receivership or bankruptcy proceedings,
such operation or use of such rights shall continue to be subject to the terms
and conditions of this Agreement, for the life thereof.
On the sale, transfer or lease of an individual run or runs, or rights only,
the specific provisions of this Agreement shall prevail. It is understood by this
Section that the parties hereto shall not sell, lease or transfer such run or runs
or rights to a third (3rd) party to evade this Agreement.
In the event the Employer fails to require the purchaser, the transferee, or
lessee to agree to assume the obligations of this Agreement, the Employer
(including partners thereof) shall be liable to the Local Union and to
employees covered for all damages (including but not limited to monetary
damages) sustained as a result of such failure to require assumption of the
terms of this Agreement until its expiration date, but shall not be liable after
the purchaser, the transferee or lessee has agreed to assume the obligations
of this Agreement. The Employer shall give notice of the existence of this
Agreement to any purchaser, transferee, lessee, assignee, etc., of the
operation covered by this Agreement or any part thereof, including rights
only. Such notice shall be in writing with a copy to the Local Union, at the
time the seller, transferor, or lesser executes a contract or transaction as
herein described. The Teamsters United Parcel Service National Negotiating
Committee and Local Unions involved shall also be advised of the exact
nature of the transaction, not including financial details.
Section 4. The employer agrees that it will be a violation of this Section if it, any
affiliate, or any other entity under its control enters into a business so as to
duplicate the Employer’s common carrier operations as defined in Article 1
in any area. Affiliate for purposes of this Section means any entity, which is
owned, managed or controlled by the Employer or its parent. This Section
will also cover an entity if the Employer or its parent maintains the ultimate
right to control or approve a decision by such entity.
The Employer will be financially responsible for all losses resulting from a
violation of this Section.
ARTICLE 2. SCOPE OF AGREEMENT Section 1. Single Bargaining Unit All employees covered by this Master Agreement and the various
Supplements, Riders and Addenda there to, shall constitute one (1)
bargaining unit. The printing of this Master Agreement and the aforesaid
Supplements, Riders and/or Addenda in separate agreements is for
convenience only and is not intended to create separate bargaining units.
To the extent provided by law, this Agreement shall be applied to all subsequent
additions to, and extensions of, current common carrier operations of the
Employer and newly established operations of the Employer which are
utilized as a part of such current operations of the Employer, without
additional evidence of Union representation of the employees involved
(provided that newly acquired operations of the Employer, which are not
utilized as a part of such current common carrier operation of the Employer,
shall not be deemed additions to, or extensions of, operations of the
Employer). If the Employer purchases a related common carrier business,
the Employer, to the extent allowed by law, recognizes the Teamsters UPS
National Negotiating Committee as the bargaining representative and will
meet to determine which applicable Supplement covers those employees, and
negotiate a new Addendum covering economic terms if current Supplements
do not cover the new job classifications, or, if a current collective bargaining
agreement is in place for the acquired employees, then that agreement shall
continue by its terms until expiration.
Section 2. Riders Present Supplements, Riders and Addenda shall remain in effect.
Any new Supplement, Rider or Addendum, or changes to Supplements, Riders or
Addenda or in the contract affiliation of any Local Union covered by this
Agreement must be submitted to the Joint National Negotiating Committee
for review and approval. Failure to be approved by the Committee shall
render said Supplement, Rider or Addendum null and void.
Any lesser conditions contained in any Supplement, Rider or Addendum shall be
superseded by the conditions contained in this Master Agreement. However,
except where specifically stated otherwise in the Master Agreement, nothing
in this Master Agreement shall deprive any employee of any superior benefit
contained in their Supplement, Rider or Addendum.
ARTICLE 3. RECOGNITION, UNION SHOP AND CHECKOFF Section 1. Recognition (a) The Employer recognizes and acknowledges that the National Union
Committee and Local Unions affiliated with the International Brotherhood
of Teamsters are the exclusive representatives of all employees of the
Employer in covered classifications. The employees and Unions covered
under this Master Agreement and the various Supplements, Riders and
Addenda thereto shall constitute one (1) bargaining unit.
(b) When the Employer needs additional employees, it shall give the Union
equal opportunity with all other sources to provide suitable applicants, but
the Employer shall not be required to hire those referred by the Union.
If employees are hired through an employment agency, the Employer shall
pay the employment agency fee, if any, due from the employee. However, if
the Union has been given equal opportunity to furnish employees, as
provided herein, and if the employee is retained through the probationary
period, this fee need not be paid until the thirty-first (31st) day of
employment, except as otherwise provided in the Local Union Supplements,
Riders and Addenda.
Business agents and/or a steward shall be permitted to attend new employee
orientations in the right-to-work states. The Employer agrees to provide the
Local Union at least one week’s notice of the date, time, and location of such
orientation. The sole purpose of the business agent or steward’s attendance
shall be to encourage new employees to join the Union. The steward shall
remain on the clock for up to fifteen (15) minutes for that purpose if the
orientation is held during his or her normal working hours at his or her
normal place of work.
Section 2. Union Shop and Dues (a) All present employees who are members of the Local Union on the
effective date of this Subsection or on the date of execution of this
Agreement, whichever is the later, shall remain members of the Local Union
in good standing as a condition of employment. In order to assist the Local
Unions in maintaining current and accurate membership records, the
Employer will furnish the appropriate Local Union a list of new employees.
The Employer agrees to notify the Local Union when a new employee attains
seniority. This notification will be made in conjunction with the new
employee listing. The list will include the name, address, social security
number, date of hire, hub or center to which assigned, shift, and
classification or position hired into. The list will be provided on a monthly
basis. All present employees who are not members of the Local Union and all
employees who are hired hereafter, shall become and remain members in
good standing of the Local Union as a condition of employment on and after
the thirty-first (31st) day following the beginning of their employment, or on
and after the thirty-first (31st) day following the effective date of this
subsection, or the date of this Agreement, whichever is the later. An
employee who has failed to acquire, or thereafter maintain, membership in
the Union, as herein provided, shall be terminated seventy-two (72) hours
after the Employer has received written notice from an authorized
representative of the Local Union, certifying that membership has been, and
is continuing to be offered to such employees on the same basis as all other
members, and further that the employee has had notice and opportunity to
make all dues or initiation fee payments. This provision shall be made and
become effective as of such time as it may be made and become effective
under the provision of the National Labor Relations Act, but not
retroactively.
(b) No provision of Section 2(a) of this Article shall apply to the extent that it
may be prohibited by state law. In those states where subsection (a) above
may not be validly applied, the Employer agrees to recommend to all new
employees that they become members of the Union and maintain such
membership during the life of this Agreement.
Section 3. Dues Checkoff and Joint Dues Committee The Union and the Employer will establish a Joint Dues Committee to review
the deduction and remittance of union dues. This Committee is charged with
the responsibility of ensuring that dues are accurately deducted and remitted
in a timely manner to the Local Unions. It is anticipated that this Committee
shall serve as a source of continuing study regarding the most efficient,
accurate and expeditious deduction and payment of dues, including
exploring electronic solutions. The Union and the Employer will establish
procedures for the operation of this Committee.
No existing bargaining unit employee currently performing work in the
payroll department will be laid off or suffer a loss of their current payroll
type position as a result of this Section.
The Employer agrees to deduct from the pay of all employees covered by this
Agreement the initiation fees, dues and/or uniform assessments of the Local
Union having jurisdiction over such employees. The Local Union will provide
the Employer a weekly amount to be deducted from each employee. The
Local Union will individually specify the weekly amount to be deducted for
initiation fees, union dues and/or assessments. For initiation fees and
assessments, the Local Union will notify the Employer the number of weeks
these deductions are to be taken from the employee. Notification of
deductions to be made by the Employer for the benefit of the Local Union
must be received at least one (1) month prior to the date the deduction is to
be made. The obligation of the Local Union to provide this information shall
be satisfied by the transmission of a computer file in mutually agreeable
format.
The Employer shall make no deductions that are not listed on the Local
Union’s monthly or weekly checkoff statement in those locations which send
a checkoff statement to the Employer. In the event the Employer improperly
deducts too much dues money, the amount improperly withheld shall be
remitted to the involved employee(s) on the second (2nd)scheduled workday
following notification to the Employer. The Local Union(s) shall return any
overpayment(s) to the Employer within one (1) week following written
notification from the Employer.
The Employer will provide a remittance to the Local Union within fifteen
(15) days following the check date the deduction was taken. With each
remittance, the Employer shall submit a report, by center and/or sort, listing
all employees alphabetically with their social security number and job
classification. For those employees who had no deduction for the week, the
Employer will provide a reason. In the event the Local Union does not want
to receive a weekly remittance, the Employer will provide a monthly
remittance by the fifteenth (15th) day of the following month. However,
if this option is chosen, the Employer will still make weekly deductions as
described above.
The Employer will provide a list of peak season employees to the Local
Union. The Company agrees to honor the dues checkoff cards for peak
season employees.
Where law requires written authorization by the employee, the same is to be
furnished in the form required. No deduction shall be made which is
prohibited by applicable law.
Any Local Union shall have the option of monthly deductions with monthly
remittance on or before the fifteenth (15th) day of the same month.
On written request of the employee, payroll deductions will be made to
purchase U.S. Savings Bonds for said employee.
The Employer agrees to deduct from the paycheck of all employees covered
by this Agreement voluntary contributions to DRIVE. DRIVE shall notify
the Employer of the amounts designated by each contributing employee that
are to be deducted from his/her paycheck on a weekly basis for all weeks
worked. The phrase “weeks worked” excludes any week other than a week in
which the employee earned a wage. The Employer shall transmit to DRIVE
National Headquarters on a monthly basis, in one (1) check, the total amount
deducted along with the name of each employee on whose behalf a deduction
is made, the employee’s Social Security number and the amount deducted
from that employee’s paycheck. The International Brotherhood of Teamsters
shall reimburse the Employer annually for the Employer’s actual cost for the
expenses incurred in administering the weekly payroll deduction plan.
The Employer agrees to deduct certain specific amounts each week from the
wages of those employees who shall have given the Employer written notice
to make such deductions. The Employer will remit amounts deducted to the
applicable credit union once each week. The amount so deducted shall be
remitted to the applicable credit union once each month or weekly. The
Employer shall not make deductions and shall not be responsible for
remittance to the credit union for any deductions for those weeks during
which the employee’s earnings shall be less than the amount authorized for
deductions.
In the event the Employer has been determined to be in violation of this
Article by a decision in the grievance procedure, and if such Employer
subsequently is in violation thereof after receipt of seventy-two (72) hours’
written notice of specific delinquencies, the Local Union may strike to
enforce this Article. However, such strike shall be terminated upon the
delivery thereof. Errors or inadvertent omissions relating to individual
employees shall not constitute a violation.
Section 4. Work Assignments The Employer agrees to respect the jurisdictional rules of the Union and,
except as otherwise provided in this Master Agreement, Supplements,
Riders, or Addenda, shall not direct or require their 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.
Section 5. The term “Local Union” as used herein refers to the IBT Local Union which
represents the employees of the Employer at the particular place or places of
business to which this Agreement, and the Supplements, Riders or Addenda
thereto are applicable, unless by agreement of the Local Unions involved or
by directive issued pursuant to the IBT International Constitution.
Section 6. Employees shall have the option of participating in the Employer’s electronic
funds transfer (EFT), the Employer’s check card payment system, or a paper
payroll check system. New employees shall make this election during
orientation. Recognizing the mutual benefits and advantages of these systems
over a paper payroll check, the Union agrees to encourage all employees to
select either EFT or a check card as method of payment. No bargaining unit
employee currently performing work in the payroll department will be laid
off or suffer a loss of their current payroll type position as a result of this
Section.
Section 7. Supervisors Working (a) The Employer agrees that the function of supervisors is the supervision of
Employees and not the performance of the work of the employees they
supervise. Accordingly the Employer agrees that supervisors or other
employees of the Employer who are not members of the bargaining unit shall
not perform any bargaining unit work, except to train employees or
demonstrate safety, or as otherwise provided in the applicable Supplement,
Rider or Addendum. The employer shall make every reasonable effort to
maintain a sufficient workforce to staff its operations with bargaining unit
employees. The Employer also agrees that supervisors or other employees of
the Employer who are not members of the bargaining unit shall not perform
bargaining unit work in preparing the work areas before the start of the
Employer’s hub, preload or reload operation, nor shall the Employer send
any bargaining unit employee home and then have such employee’s work
performed by a supervisor or other employees of the Employer who are not a
member of the bargaining unit.
(b) When additional employees are necessary to complete the Employer’s
operations on any shift or within any classification, the supervisor shall
exhaust all established local practices to first use bargaining unit employees
including applicable, double shifting, early call-in and overtime.
(c) If there is no established local practice, the following shall apply with
regard to inside work. Within each building, each operation will maintain
appropriate list(s), by seniority, of those part-time employees requesting
coverage work. It will be the employees’ responsibility to sign up on the
appropriate list. The Company shall post such lists and employees who are
interested in adding their names to the lists shall do so on the first working
day of each month. It will be the employee’s responsibility to make sure
his/her contact information is correct. Employees who are unavailable to
work on three (3) separate occasions within a calendar month shall have
their names removed from the coverage list. Those employees shall be eligible
to re-sign the list the following month. When coverage work is available, the
Company will use the appropriate list to fill the required positions, and such
employees will work as assigned. The employee must be qualified for the
available work and double shift employees shall have seniority among
themselves. No employee is allowed to work more than two (2) shifts in any
twenty-four (24) hour period. Local call verification practices and
procedures shall remain in place.
Nothing contained in this Section shall change existing practices or
procedures covering full-time work.
(d) If it is determined at any step of the grievance and/or arbitration
procedure that this Section, or a “supervisor working” provision in a
Supplement, Rider or Addendum, has been violated, the aggrieved employee
will be paid as follows: (i) if the actual hours worked by the supervisor
amounts to two (2) hours or less, the aggrieved employee will be paid for the
actual hours worked by the supervisor at the rate of one and one-half (1 1/2) times
the employee’s rate of pay at the time of the incident; (ii) if the supervisor
works more than two (2) hours, the aggrieved employee shall be paid four (4)
hours at straight time or actual hours worked at one and one-half (1 1/2) times the
employee’s rate of pay at the time of the incident, whichever is greater. If no
aggrieved employee can be identified, the payment will be made to the
grievant. Such remedy shall be in addition to any other remedies sought by
the Union in the appropriate grievance procedure.
ARTICLE 4. STEWARDS The Employer recognizes the right of the Local Union to designate Job
Stewards and alternates from the Employer’s seniority list. The authority of
Job Stewards and alternates so designated by the Local Union shall be
limited to, and shall not exceed, the following duties and activities:
(a) The investigation and presentation of grievances with the Employer or
the designated company representative in accordance with the provisions of
the collective bargaining agreement:
(b) The collection of dues when authorized by appropriate Local Union
action; and
(c) The transmission of such messages and information, which shall originate
with, and are authorized by the Local Union or its officers, provided such
message and information:
(1) have been reduced to writing; or
(2) if not reduced to writing, are of a routine nature and do not involve work
stoppages, slowdowns, refusal to handle goods, or any other interference with
the Employer’s business.
Job Stewards and alternates have no authority to take strike action or any
other action interrupting the Employer’s business, except as authorized by
official action of the Local Union. The Employer recognizes these limitations
upon the authorized Job Stewards and their alternates, and shall not hold the
Union liable for any unauthorized acts. The Employer in so recognizing such
limitations shall have the authority to impose proper, nondiscriminatory
discipline, including discharge. However, in the event the Job Steward or the
designated alternate has led, or instigated or encouraged unauthorized strike
action, slowdown or work stoppages in violation of this Agreement he/she
may be singled out for more serious discipline, up to and including discharge.
Stewards and/or alternate stewards shall not be subject to discipline for
performing any of the duties within the scope of their authority as defined in
this Section, in the manner permitted by this Section.
Recognizing the importance of the role of the Union Steward in resolving
problems or disputes between the Employer and its employees, the Employer
reaffirms its commitment to the active involvement of union stewards in such
processes in accordance with the terms of this Article.
The Job Steward or the designated alternate shall be permitted reasonable
time to investigate, present and process grievances on the Company’s
property without interruption of the Employer’s operation. Upon
notification to his or her supervisor, a steward shall be afforded the right to
leave his/her work area for a reasonable period of time to investigate, present
and process grievances and to represent a fellow employee concerning
grievances or discipline so long as such activity does not interrupt the Employer’s
operations. The Employer will make a reasonable effort to insure that its operations
are not interrupted by the steward’s engaging in such activity. The Employer shall
not use interruption of its operation as a subterfuge for denying such right to
the steward.
Where mutually agreed to by the Local Union and Employer, stewards may
investigate off the property or other than during their regular schedule,
without loss of time or pay. Stewards will be paid for time spent in meetings
under this Article which occur during the steward’s regular working hours.
Stewards shall also be paid for time spent in meetings which occur outside
his or her working hours, or on days off, by mutual consent. Such time spent
during the Job Steward’s or the designated alternate’s regular working
hours shall be considered working hours in computing daily and/or weekly
overtime if within the regular schedule of the Job Steward or the designated
alternate.
The Employer recognizes the employee’s right to be given requested
representation by a Steward, or the designated alternate, at such time as the
employee reasonably contemplates disciplinary action. The Employer also
recognizes the steward’s right to be given requested representation by
another Steward, or the designated alternate, at such time as the Steward
reasonably contemplates disciplinary action. When requested by the Union
or the employee, there shall be a steward present whenever the Employer
meets with an employee concerning grievances or discipline or investigatory
interviews. In such cases, the meeting shall not be continued until the
steward or alternate steward is present.
If an employee does not wish to have a Union Steward in any meeting
where the employee has a right to Union representation under this Article,
the employee shall sign a waiver of Union representation, a copy of which
shall be furnished to the Union upon its request.
If requested by the Local Union the designated Stewards will be provided
with copies of all warning, suspension and discharge letters.
Job Stewards, or designated alternates, shall be allowed to wear an identifying
steward’s badge, provided by the Union, at all times while on the Employer’s premises.
ARTICLE 5. SANITARY CONDITIONS The Employer agrees to maintain a clean, sanitary washroom having hot and
cold running water with toilet facilities in all present and future buildings.
The Employer further agrees to provide separate toilet and changing
facilities for male and female employees in all present and future UPS
buildings which have more than fifteen (15) drivers.
The Employer shall implement procedures designed to ensure privacy for all
employees when using facilities in UPS buildings with fifteen (15) or fewer
drivers.
Such toilet facilities will be equipped with proper ventilation devices and
shall be heated as climatic conditions shall warrant.
The Employer agrees to provide lockers for those employees who are
required to change into a uniform or take a lunch period. All other
employees will be provided a suitable area for keeping personal items and
clothes. Assigned lockers will not be opened by the Employer unless either
the employee or a Union representative is present.
Where the Employer and the Union agree that the local water is not suitable
for drinking, the Employer will provide bottled drinking water.
ARTICLE 6. Section 1. Extra Contract Agreements Except as may be otherwise provided in this Agreement, the Employer agrees
not to enter into, or attempt to enter into, any agreement or contract with its
employees, either individually or collectively, or to require or attempt to
require employees to sign any document, either individually or collectively,
which in any way conflicts with the provisions of this Agreement. Any such
Agreement or document shall be null and void. Any such agreement or
document may not be placed in an employee’s file or used by the Employer
as a basis for discipline or used in connection with any disciplinary
proceeding, nor may any such agreement or document nor the contents
thereof be divulged to any person or entity.
Section 2. Workweek Reduction If either the Fair Labor Standards Act or the Hours of Service Regulations
are subsequently amended so as to result in substantial penalties to either the
employees or the Employer, a written notice shall be sent by either party
requesting negotiations to amend those provisions which are affected.
Thereafter the parties shall enter into immediate negotiations for the purpose
of arriving at a mutually satisfactory solution. In the event the parties cannot
agree on a solution within sixty (60) days, or mutually agreed extensions
thereof after receipt of the stated written notice, either party shall be allowed
economic recourse.
Section 3. New Equipment Where new types of equipment and/or operations, for which rates of pay are
not established by this Agreement, are put into use after the ratification date
of this Agreement within operations covered by this Agreement, rates
governing such operations shall be subject to negotiations between the
parties. This paragraph shall apply to all new types of equipment including
office and clerical equipment.
In the event agreement cannot be reached within sixty (60) days after the
date such equipment is put into use, the matter may be submitted to the
National Grievance Committee for final disposition. Rates agreed upon or
awarded shall be effective as of the date equipment is put to use.
Section 4. Technological Change 1. Technological change shall be defined as any significant change in
equipment or materials which results in a significant change in the work of
the bargaining unit or diminishes the number of workers in the bargaining unit.
2. The Employer and the Union agree to establish a National Teamster/UPS
Committee for Technological Change, consisting of an equal number of
representatives from the Union and UPS. The Committee shall meet in
conjunction with the National Grievance Panel as necessary to review any
planned technological changes covered by this Section.
3. The Employer will advise the affected Local Unions and the National
Teamster/UPS Committee for Technological Change of any proposed
technological changes at least six (6) months prior to the implementation of
such change except where the change was later determined in which case the
Employer shall provide as much notice as possible.
4. The Employer shall be required to provide the Local Union or the National
Teamster/UPS Committee for Technological Change, upon written request,
any relevant information to the extent available regarding the technological
changes.
5. The Employer will meet with the Local Union, or, if requested, the
National Teamster/UPS Committee for Technological Change, promptly
after notification to negotiate regarding the effects of the proposed
technological changes.
If a technological change creates new work that replaces, enhances or modifies
bargaining unit work, bargaining unit employees will perform that new or modified
work. The Employer shall provide bargaining unit employees with training required
to utilize the new technology, if necessary.
6. In the event that the Local Union and Employer cannot reach an
agreement on effects, the matter shall be referred to the National
Teamster/UPS Committee for Technological Change.
7. In the event that the National Committee cannot reach agreement on the
dispute, either party may refer all outstanding disputes to the National
Grievance Committee for resolution in accordance with the provisions of
Article 8 in order to determine if the Employer has violated the provisions of
this Section or if the change will result in a violation of any other provision of
the collective bargaining agreement.
Section 5. Hourly Training 1. It is agreed that Teamster represented employees, on a voluntary basis,
may train other employees. UPS reserves the right to choose to use or not to
use Teamster represented trainers to fulfill its training needs.
2. Trainers shall be paid a fifty cents ($.50) per hour training premium for
each hour spent training.
Drivers training helpers, in accordance with Supplemental Agreements, and
two (2) on the car rides for the purpose of route knowledge shall not be entitled
to the training premium.
3. The parties shall establish a National Training Committee. The Committee
shall be empowered to hear and resolve any disputes that may arise over
these issues. Unresolved disputes will be subject to the National Master
Grievance Committee.
4. Each Supplemental area shall meet and agree or continue existing
agreements on the details of the application of this agreement in their area in
accordance with Supplemental language. Other issues left for resolution at
this level include, but are not limited to, the minimum qualifications for
trainers, if any, the number of hours to be worked by the trainer, and the
application of Supplemental language concerning compensation for work
performed in higher classifications. Disputes shall be resolved in accordance
with paragraph 3.
5. Trainer selection and assignments to on the job training will be done in
accordance with supplemental seniority provisions, providing the trainers
have the necessary qualifications and skills for the job.
6. The training records that a Teamster represented trainer can be required
to complete for drivers, are those previously agreed to by the parties. If the
Employer wishes to amend these forms, it will first meet and agree with the
National Training Committee. Such agreement will not be unreasonably
withheld. No training record or verbal report by the trainer will be relied
upon to discipline any employee or to evaluate any seniority employee’s
performance.
7. If a trainer is removed from the qualified list by the Employer, that
employee and the Local Union shall have access to the grievance procedure.
If the Union establishes that the removal was not for just cause, the grievant
shall be reinstated.
8. No trainer shall be required to train in any method which violates the
Collective Bargaining Agreement.
9. Teamster represented trainers will not be permitted to perform or
recommend disciplinary action.
10. Teamster represented trainers will not be required to make decisions or
recommendations regarding the attainment of seniority, by their trainees.
The decision as to whether a trainee attains seniority will be made solely by
UPS management.
11. Employees to be retrained, after qualifying in their classification, and
seniority employees scheduled for safety rides, may request that a non-bargaining
unit employee perform that training, in lieu of a Teamster represented trainer.
Such requests will be honored.
12. Trainers will not be held liable for auto accidents incurred by the trainee.
ARTICLE 7. LOCAL AND AREA GRIEVANCE MACHINERY Except in cases involving 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
unreasonably delay the processing of such cases.
Provisions relating to local, state and area grievance machinery are set forth
in the applicable Supplements, Riders or Addenda to this Agreement. The
procedures set forth in the local, state and area grievance procedure may be
invoked only by the authorized Union representative or Employer.
All monetary grievance settlements shall be submitted by separate check
payable to the grievant or grievant(s) and a copy of the same sent to the Local
Union for their records. Such settlements shall be paid within ten (10)
working days of the settlement. In addition, any monetary awards based on
panel decisions will be made within ten (10) business days of receipt by the
Company of the written panel decision.
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
forth in the respective Supplemental Agreements, Riders or Addenda, must
appear in the Rules of Procedures of the various grievance committees and
shall apply equally to the Employer, the Union and the employees.
ARTICLE 8. NATIONAL GRIEVANCE PROCEDURE Section 1. All grievances and/or questions of interpretation arising under the provisions
of this National Master Agreement shall be resolved in the following manner:
Deadlocked cases involving only National Master language may be submitted
to the National Master Panel for decisions. Those deadlocked cases which
cannot be decided by a lower panel because of disagreement over the
interpretation of National Master language may be submitted to the Master
Panel for interpretation. Requests for interpretations with no factual case to
be decided, will be heard by the Master Panel by mutual agreement of the
Co-Chairpersons. Interpretations rendered on factual cases by the National
Grievance Committee will be sent back to the lower panel to be used to
resolve the factual case.
The Committee shall be composed of an equal number of Employer and
Union representatives. The National Grievance Committee shall meet upon
call of the Chairman of either the Employer or Union representatives on the
National Grievance Committee. The National Grievance Committee shall
adopt rules of procedure which may include the reference of disputed
matters to subcommittees for investigation and report with the final decision
or approval, however, to be made by the National Grievance Committee. If
the National Grievance Committee resolves any dispute by a majority vote of
those present and voting, such decision shall be final and binding upon all parties.
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:
(a) failure to comply with a duly adopted majority decision of the National
Grievance Committee;
(b) failure to make health & welfare and pension contributions in the manner
required by the applicable Supplemental Agreements, Riders and/or
Addenda; and,
(c) nonpayment of established wage rates provided for in this Agreement,
Supplements, Riders and/or Addenda.
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 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 seventy-two (72)
hour prior written notice of the Local Union’s authorization of strike action,
which notice shall specify the majority National Grievance Committee
decision or deadlocked National Grievance Committee decision providing the
basis for such authorization. The Local Union shall comply with the
provisions of the applicable Supplemental Agreement, Rider and Addendum
relating to strike action resulting from delinquencies in the payment of
health and welfare or pension contributions.
Section 3. The Union and Employer may under this section review and reverse, if
necessary, decisions by any area, regional or local grievance committee which
interprets Master language erroneously.
The National Grievance Committee may consider and review decisions
raising an issue of interpretation of Master Agreement language which are
submitted by the Union (either the Chair of the Teamsters National United
Parcel Service Negotiating Committee or his designee) or the designated
Employer representative. The committee shall have the authority to reverse
and set aside the majority decision of any area, regional, or local grievance
committee, if, in its opinion, such decision is contrary to the language of the National
Master Agreement. The decision of the National Grievance Committee shall
be final and binding. The National Grievance Committee shall determine
whether a decision submitted to it raises an issue of interpretation of Master
Agreement language.
In order for such cases to be reviewed, the decision must interpret Master
language. A decision raising an issue of interpretation of Master Agreement
language is one in which (1) Master Agreement language was interpreted by
a lower panel (2) the interpretation sets a precedent for future grievances;
and (3) a reasonable case can be made that the lower panel interpretation
was contrary to the true meaning of the Master Agreement. If the National
Grievance Committee deadlocks on whether a decision meets these criteria,
arbitration may be requested pursuant to Article 8, Section 4.
Prior to such cases being placed on the Master docket, the moving party
(either the Chair of the Teamsters National United Parcel Service
Negotiating Committee or his designee or the designated Employer
representative) shall confer with his counter part and discuss the matter.
Cases that are docketed will be presented in the following manner:
1.) The representatives of the moving party, as described above, present first.
2.) The presenter will cite the specific Master language that the lower panel
interpreted.
3.) Any evidence to prove that the interpretation was contrary to the
provisions set forth in the Master Agreement must be presented.
4.) The representative of the responding party will present any responsive
evidence he deems necessary.
5.) If the Master Panel is unable to reach agreement, then either party may
appeal the issue presented to final and binding arbitration.
Decisions made by lower panels that are properly submitted to the National
Grievance Committee pursuant to this Article and Section shall be reviewed
by the National Grievance Committee. A decision will be entered by the
National Grievance Committee based upon its interpretation and the facts of
that case. Such decision will be final and binding upon the parties.
Arbitration decisions under any Supplement, Rider or Addendum which
interpret Master Agreement language may also be submitted to the National
Grievance Committee provided the three above-referenced criteria are
satisfied. If an arbitration decision is reviewed by the National Grievance
Committee it shall be processed in accordance with this section except that
the Committee will make a final and binding decision rather than refer the
case back to the arbitrator. Article 8, Section 4 shall not apply if the National
Grievance Committee deadlocks upon review of an arbitrator’s decision.
Section 4. Where the National Grievance Committee fails to reach a majority decision
as to any case submitted pursuant to this Article (excepting arbitrator
decisions) either party shall have the right to refer the case to binding
arbitration. Either party wishing to submit a grievance to arbitration must
do so within ten (10) days of mailing or hand delivery of the National
Grievance Committee deadlock decision. The arbitrator is to be selected
from an American Arbitration Association national panel list and all aspects
of the arbitration procedure shall be governed by the Rules of the American
Arbitration Association.
Any provision in the grievance procedure of any Supplement, Rider, or
Addendum hereto which would require deadlocked disputes to be
determined by any arbitration process, shall be null and void as to any
grievance and/or interpretation of the National Master Agreement. The
decision of the National Grievance Committee as to whether a grievance
and/or interpretation which is subject to this procedure shall be final and
conclusive.
Section 5. Any grievance that does not raise an issue of interpretation of a Master
Agreement Article or Section shall be resolved pursuant to the provisions
relating to the local, state and area grievance procedures set forth in the
applicable Supplements, Riders and Addenda. Prior to invoking the
arbitration procedure the parties, by mutual agreement, may submit said
case to the National Grievance Committee for resolution.
In the event of strikes, work stoppages, or other activities which are
permitted in case of default or failure to comply with majority decisions
under this Agreement, no decision and/or interpretation of this Agreement
by any tribunal shall be binding upon the Union or affect the legality or
lawfulness of the strikes unless the Union stipulates to be bound by such
interpretation, it being the intention of the parties to resolve all grievances
and/or questions of interpretation by mutual agreement.
In any Section of this Article where language refers to deadlocks, either
party shall have the right to refer any unresolved case to arbitration, except
as specified otherwise in Section 2 of this Article.
Section 6. The arbitrator shall have the authority to apply the provisions of this
Agreement and to render a decision on any grievance coming before him/her
but shall not have the authority to amend or modify this Agreement or to
establish new terms or conditions of employment.
Any grievance that does not raise an issue of interpretation of a Master
Agreement Article or Section shall be resolved pursuant to the provisions
relating to the local, state and area grievance procedures set forth in the
applicable Supplements, Riders and Addenda. The no-strike, work stoppage,
slowdowns, walkout and lockout provisions of the Supplemental Agreements,
Riders and Addenda shall apply to such grievances. Prior to invoking the
arbitration procedure the parties, by mutual agreement, may submit said case
to the National Grievance Committee for resolution.
Section 7. Deadlocked cases referred from the National Grievance Committee to
binding arbitration pursuant to this Article, will be governed by the
following procedures:
1. The arbitration process will be administered by the offices of the American
Arbitration Association, whose offices located in the following cities
administer deadlocked cases arising from the following corresponding
geographical Regions of the International Brotherhood of Teamsters:
Somerset Eastern
Chicago Central
Fresno Western
Atlanta Southern
2. The current arbitrators will continue to serve until the parties jointly
designate twenty-eight (28) arbitrators (which may include the incumbents).
Cases will be assigned to arbitrators on a rotating alphabetical basis within
each Region based upon the date of the original grievance that gave rise to
the deadlocked case.
3. The panels will consist of the following number of arbitrators who hear
American Arbitration Association administered cases in each Region of the
IBT:
Eastern 11
Central 5
Southern 4
Western 8
4. The parties shall attempt to agree on the four (4) panels within thirty (30)
days of the conclusion of negotiations. Failing agreement within that time,
the parties shall exchange lists of two (2) times the remaining number of
arbitrators to be assigned to each regional panel within fifteen (15) days
thereafter and at the conclusion of an additional fifteen (15) days will
alternatively strike from the lists until the correct number of arbitrators is
left for each panel. Unless the parties mutually agree otherwise, any
arbitrator proposed by the Employer or Union must be a member of the
National Academy of Arbitrators and reside within the geographical area
covered by the panel.
5. Each arbitrator shall offer one or more potential hearing date(s) within six
(6) months of the assignment of the case by the AAA or within six (6) months
of a cancellation by either party as outlined below. If the arbitrator fails to
offer a timely date, or a timely rescheduled date after a cancellation, the case
shall be reassigned to the next arbitrator to be assigned based on the rotating
alphabetical list. If an arbitrator fails to offer a timely date on four (4)
occasions in a twelve (12) month period, he/she shall be stricken from the
panel of arbitrators at the written request of either party. The parties shall
fill any vacancy pursuant to the procedures set forth in paragraph 4.
6. Once a case is assigned to an arbitrator it will remain with that arbitrator
until it is concluded, except in the case of a reassignment specified in
paragraph 5.
7. The parties may mutually agree in writing to remove any individual
arbitrators from the panel at any time. Each party may unilaterally remove
two (2) arbitrators during the month of June each year upon giving ten (10)
calendar days notice specifying the arbitrator to be removed. The other party
shall have the right to remove two (2) arbitrators within ten (10) calendar
days from receiving the notice. The parties shall fill any vacancy pursuant to
the procedures set forth in paragraph 4.
8. Except by mutual agreement arbitrations will be scheduled for 10:00 a.m.
until at least 5:00 p.m.
9. There shall be no more than one (1) cancellation of arbitration dates by
either party in the hearing of any single arbitration case, except as permitted
by the arbitrator with good cause.
10. The parties shall share equally the American Arbitration Association’s
and the arbitrator’s fees and expenses for the arbitration or settlement
(including rental of the hearing room). The party requesting a cancellation
will pay any cancellation fees.
11. The location of the arbitration will be determined by mutual agreement,
taking into account the travel requirements of witnesses, counsel and the
arbitrator. In the event that the parties are unable to agree on the location,
the arbitrator will decide. All hearings will be held at the American
Arbitration Association offices unless the parties mutually agree on an
alternate site.
12. Any or all of the foregoing may be modified in writing by mutual
agreement of the parties at any time.
ARTICLE 9. PROTECTION OF RIGHTS Section 1. Picket Line 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 Unions party to this Agreement, and including primary picket
lines at the Employer’s place of business, and the Employer shall not direct
any employee to cross a primary picket line.
Section 2. Struck Goods It shall not be a violation of this Agreement and it shall not be a cause for
discharge or disciplinary action if any employee refuses to perform any
service which his/her Employer undertakes to perform as an ally of an
employer or person whose employees are on strike, and which service, but
for such strikes, would be performed by the employees of the employer or
person on strike.
Section 3. Subject to the appropriate subcontracting provisions of this Agreement, the
Employer agrees that it will not cease or refrain from handling, using,
transporting, or otherwise dealing in any of the products of any other
employer or cease doing business with any other person, or fail in any
obligation imposed by the Motor Carrier’s Act or other applicable law, as a
result of individual employees exercising their rights under this Agreement
or under law, but the Employer shall, notwithstanding any other provision in
this Agreement, when necessary, continue doing such business by other employees.
Section 4. The layover provisions of the applicable Supplemental Agreement, Rider or
Addendum shall apply when the Employer knowingly dispatches a road
driver to a terminal at which a primary picket line has been posted as a
result of the exhaustion of the grievance procedure, or after proper
notification of a picket line permitted by the collective bargaining agreement,
or economic strikes occurring after the expiration of a collective bargaining
agreement or to achieve a collective bargaining agreement.
Section 5. Grievances Within five (5) working days of filing a grievance claiming violation of this
Article, the grievance shall be submitted directly to the National Grievance
Committee without taking any intermediate steps, any other provision of this
Agreement to the contrary notwithstanding.
ARTICLE 10. LOSS OR DAMAGE Section 1. No employee shall make any reimbursement or have monies deducted from
his/her pay for loss or damage to parcels except as provided in this Section.
No employee shall be disciplined or required to make reimbursement for lost
or damaged parcels unless the Employer demonstrates that the employee,
without justification or mitigation, violated pertinent established rules or
policies, the observance of which would have prevented the loss or damage.
In no event shall a driver be subject to reimbursement for loss or damage to
a Driver Release parcel valued at one hundred dollars ($100.00) or less.
An employee who is charged for loss or damage by the Employer shall not be
subject to both discipline and reimbursement. The Employer will clearly
notify the employee and the Union of its intent to either discipline or seek
reimbursement. No employee shall be subject to discipline or reimbursement
unless the Employer brings the loss or damage to the employee’s attention
within fifteen (15) business days after receiving a written shipper notice of
claim.
When an employee is subject to discipline, the employee shall not make any
reimbursement for such loss or damage. When an employee is subject to
reimbursement, the employee shall not be subject to discipline for such loss
or damage.
Any employee who is found to be responsible for two (2) reimbursements in a
twelve (12) month period may receive a warning letter in addition to being
responsible for reimbursement should a third (3rd) loss occur in the same
twelve (12) month period.
No action shall be taken by the Employer under this Section until the
grievance procedure is invoked and concluded. In such grievance hearings
the Employer shall present its case first.
If an employee is held liable for reimbursement for loss or damage under
Article 10, Section 1 in regard to any package, he/she will be held liable for
the value of the package, the amount paid by the Employer to the customer,
or the insured value of the package, whichever is least.
Reimbursement schedules shall be reasonable and fair, based upon the
circumstances of each case.
This Article is not to be construed as permitting charges for loss or damage
to equipment or for any damage to merchandise as a result of a vehicular accident
under any circumstances.
Section 2. Employees handling money shall account for and remit the same to the
Employer at the completion of each day’s work. An employee’s cash turn in
may be verified or audited by the Employer. If the Employer fails to verify
and deposit an employee’s cash turn-in, when requested, no deduction or
disciplinary action shall be taken. Upon request by the Local Union, the
Employer and the Local Union shall meet to review any problems relating to
transportation of cash via feeders or cashier’s check rules.
To ensure that the employee will not be held accountable when the Employer
verifies and deposits or fails to verify and/or deposit the employee’s cash
turn-in, the employee and Employer will sign a document, to be maintained
by the Employer, showing whether the employee requested verification and
deposit and whether the employee’s cash turn-in has either been verified and
deposited or not verified and/or deposited.
In cases of proven bona fide error (in addition or subtraction) of the cash
turn-in, the employee will be responsible for making proper restitution for
such shortage.
In such cases of bona fide error, the Employer and an employee, with the
participation of the Local Union and where permitted by applicable law,
shall execute a written document providing for an agreed upon amount and
schedule of reimbursement and/or deduction. A copy of any such agreement
will be provided to the Local Union.
The Employer shall make a reasonable effort to collect for losses due to bad
checks. The employee shall not be held liable for restitution or disciplined if
he/she accepts an irregular check if a reasonable person would have accepted
the check. No employee shall be subject to restitution or discipline unless the
Employer brings the bad check to the employee’s attention within fifteen
(15) business days after receiving a written shipper notice of claim.
The Employer will not post or make available for viewing in the work place
any employee’s social security number or home telephone number. In areas
where bidding systems require both a signature and a phone number, an
employee will have the option of providing his/her phone number privately to
the person controlling the bid.
Section 3. The Employer shall reimburse employees for loss of personal money or
personal property in a holdup while on duty, up to a maximum of two
hundred dollars ($200.00) per employee, provided the employee promptly
reports such holdup to the Employer and the police, and cooperates in the
investigation of such holdup. Employees shall be paid for all time involved.
However, reimbursement for cash loss shall be limited to one hundred
dollars ($100.00).
ARTICLE 11. [RESERVED]
ARTICLE 12. POLYGRAPH/TIMECLOCKS No applicant for employment and no employee will be required to take any
form of a lie detector test as a condition of employment.
Upon request, an employee or the Union may inspect the record of an
employee’s time recorded on the DIAD or other device for previous days’
work. An employee will be permitted to examine the operation record for the
current pay period for the purpose of ascertaining his/her hours worked.
The Employer agrees to provide forms for the employee to record his/her
starting and ending times.
When requested by the Union, time clocks will be left in place for employees
to record their work hours for their own personal use.
ARTICLE 13. PASSENGERS No driver shall allow anyone, other than employees of the Employer who are
on duty, to ride on their truck except by written authorization of the
Employer, except in cases of emergency arising out of disabled commercial
equipment, accidents, or an Act of God, in accordance with Department of
Transportation regulations.
ARTICLE 14. COMPENSATION CLAIMS Section 1. When an injury is reported the reference number will be given to the
employee and when requested, a copy of the injury report will be furnished
to the employee within two (2) working days of such request. A copy of the
injury report will also be furnished to the Local Union if requested by a
Local Union official.
The Employer agrees to cooperate toward the prompt disposition of
employee on-the-job injury claims. No employee will be disciplined or
threatened with discipline as a result of filing an on-the-job injury report.
The Employer or its designee shall not visit an injured worker at his/her
home without his/her consent.
The Employer shall provide the Union Co-chair of the National Safety and
Health Committee with current summaries of the essential functions of all
positions covered by this Agreement. The Union shall have the right to
challenge any such summary through the applicable grievance procedure.
Any employee who is adversely affected by any such summary shall have the
right to challenge such summary through the applicable grievance
procedure.
The Employer shall provide Worker’s Compensation protection for all
employees even though not required by state law or the equivalent thereof if
the injury arose out of or in the course of employment.
An employee who is injured on the job, and is sent home, or to a hospital,
or who must obtain medical attention, shall receive pay at the applicable
hourly rate for the balance of his/her regular shift on that day. Upon receiving
an employee’s timely report of injury, the Employer shall not pressure an employee
to continue to work. When, because of such pressure, an employee spends time
in a clinic after his or her normal finish time, the time spent shall be the
subject of a pay claim through the grievance procedure.
An employee who has returned to regular duties after sustaining a
compensable injury, and who is required by the Worker’s Compensation
doctor to receive additional medical treatment during the employee’s
regularly scheduled working hours, shall receive the employee’s regular
hourly rate of pay for such time.
The Employer agrees to provide any employee injured locally immediate
transportation, at the time of injury, from the job to the nearest appropriate
medical facility and return to the job, or to the employee’s home, if required.
In such cases, no representative of the Employer shall be permitted to
accompany the injured worker while he/she is receiving medical treatment
and/or being examined by the medical provider, without the employee’s
consent. In the event that any employee sustains an occupational illness or
injury while on a run away from the home terminal, the Employer shall
obtain medical treatment for the employee, if necessary, and, thereafter, will
provide transportation by bus, train, plane or automobile to the employee’s
home terminal, if and when directed by a doctor.
In the event of a fatality, arising in the course of employment while away
from the home terminal, the Employer shall return the deceased to the home
of the deceased at the point of domicile.
Section 2. Temporary Alternate Work The Company may continue a modified work program on a
nondiscriminatory basis. This program is designed to provide temporary
work opportunity to those employees who are unable to perform their
normal work assignments due to an on-the-job injury. Employees shall be
provided their guaranteed hours for the duration of TAW, provided the
work is available. These guaranteed hours will be reduced as medical
restrictions dictate.
The Employer will develop a list of possible TAW assignments by location. It
is understood that this list may not be all-inclusive and management
maintains the right to determine the availability and designation of all TAW
assignment.
Any such program that has been, or is in effect, as of the effective date of this
Agreement, shall be reduced to writing, a copy of which must be submitted to
the National Safety and Health Committee and the affected Local Union. If
either party wants to include non-work related injuries or illnesses under the
TAW program the parties will meet and agree upon such amendment. The
Employer shall also meet with the Local Union upon request to discuss
any changes the Local Union may propose in the TAW program. Any
unresolved issues will be referred to the National Safety and Health
Grievance Committee for resolution.
Section 3. Permanently Disabled Employees The Parties agree to abide by the provisions of the Americans with
Disabilities Act. The Company shall be required to negotiate with the Local
Union prior to providing a reasonable accommodation to a qualified
bargaining unit employee.
The Company shall make a good faith effort to comply in a timely manner
with requests for a reasonable accommodation because of a permanent
disability. Any grievance concerning the accommodation not resolved at the
center level hearing will be referred to the appropriate Union and Company
co-chairs for the Local Area or to the Region Grievance Committee, if
applicable. If not resolved at that level within ten (10) days, the grievance
shall be submitted directly to the National Safety and Health Grievance
Committee.
If the Company claims that the individual does not fall within the protections
of the Americans with Disabilities Act, then the grievance must follow the
normal grievance procedure in order to resolve that issue before it can be
docketed with the National Safety and Health Committee.
Any claim in dispute concerning rights under this Section shall be addressed
under the grievance and arbitration procedures of this Agreement. A
grievance may be filed by an employee or the Union, notwithstanding any
contrary provision in any Supplement, Rider or Addendum. The submission
of a claim under this Section to the grievance and arbitration procedures of
the Agreement shall not prohibit or impede an employee or the Union from
pursuing their statutory rights under the Americans with Disabilities Act
(ADA) or comparable state or local laws.
The parties agree that appropriate accommodations under this Section are to
be determined on a case-by-case basis.
Section 3.1 Pursuant to Article 22.3 and Article 37 and not withstanding language in the
Supplements, Riders or Addenda, the Employer and the Union agree to meet
and discuss certain full-time positions that may be filled by employees who
can no longer perform their assigned job. When full-time openings occur,
these employees will be given the opportunity to fill the opening prior to the
Employer hiring from the outside. The employee must be physically fit and
qualified to perform the new job. The employee placed in the opening will be
paid the rate for the job based upon the employee’s seniority.
ARTICLE 15. MILITARY CLAUSE Employees in service in the uniformed services of the United States, as
defined by the provisions of the Uniform Services Employment and
Reemployment Rights Act (USERRA), Title 38, U.S. Code Chapter 43, shall
be granted all rights and privileges provided by USERRA and/or other
applicable state and federal laws. This shall include continuation of health
coverage as provided by USERRA, and pension contributions for the
employee’s period of service, as provided by USERRA. Employees shall be
subject to all obligations contained in USERRA which must
be satisfied for the employees to be covered by the statute.
The Employer, in its discretion, may make additional payments or award
additional benefits to employees on leave for service in the uniformed
services in excess of the requirements outlined in the USERRA.
Upon notification from an employee that he/she is taking USERRA-qualified
military leave, the Employer shall notify the Local Union within five (5)
business days.
ARTICLE 16. LEAVE OF ABSENCE Section 1. The Employer agrees to grant the necessary time off, without discrimination
or loss of seniority rights and without pay, to any employee designated by the
Union to attend a labor convention or serve in any capacity on other official
business, provided forty-eight (48) hours written notice is given to the
Employer, by the Union, specifying length of time off. The Union agrees that,
in making its request for time off for Union activities, due consideration shall
be given to the number of employees affected in order that there shall be no
disruption of the Employer’s operations due to lack of available employees.
A Union member elected or appointed to serve as a Union official shall be
granted a leave of absence during the period of such employment, without
discrimination or loss of seniority rights, and without pay.
Section 2. Any employee desiring leave of absence from employment shall secure
written permission from both the Union and the Employer. The request for
leave of absence shall be made in writing at least thirty (30) days before the
day on which the leave is sought to commence. If the leave is not foreseeable,
the employee shall submit the written request as soon as possible and shall
include an explanation why the leave was not foreseeable. The Employer and
Union shall respond to the request in writing within ten (10) days after
receiving the request. The maximum leave of absence shall be for ninety (90)
days and may be extended for like periods. Permission for same must be
secured from both the Union and the Employer. During the period of
absence, the employee shall not engage in gainful employment, except as
provided in Section 3 below.
Failure to comply with this provision shall result in the complete loss of
seniority rights for the employees involved. Inability to work because of
proven sickness or injury shall not result in the loss of seniority rights. The
employee may make suitable arrangements for the continuation of health
and welfare and pension payments before the leave may be approved by
either the Local Union or the Employer.
Section 3. Loss of License Section 3.1 Leave of Absence When an employee, in any job classification requiring driving, loses his or
her operating privilege or whose license has been suspended or revoked for
reasons other than those for which the employee can be discharged by the
Employer, leave shall be granted for such time as the employee’s operating
privilege or license had been suspended or revoked but not for a period
longer than one (1) year, provided the driver whose operating privilege or
license has been suspended or revoked notifies the employee’s immediate
supervisor before the employee’s next report to work of such suspension or
revocation. The above provision need apply only to the first (lst)
suspension or revocation except for suspension of commercial drivers license
(CDL) of one (1) year or less duration.
Employees who take a leave of absence under this Section whose loss of
operating privilege or license is the result of driving under the influence of
drugs or alcohol will be allowed alternative work and to return to their job in
accordance with Section 3.3 below.
Section 3.2 Alternate Work (Other than Alcohol/Controlled Substance) When an employee, in any job classification requiring driving, has lost
his/her license under this Article he/she shall be afforded the opportunity to
displace junior, one (1) full-time or two (2) part-time, inside employees, until
he/she can return to his/her driving job, not to exceed one (1) year, unless
provided for otherwise in the Supplements, Riders or Addenda. The
employee shall receive the appropriate rate of pay for the job performed
based on his/her seniority. Coverage for benefits shall continue for the length
of the leave of absence or for the job duration, up to one (1) year.
Section 3.3 Alternative Work (Alcohol/Controlled Substance) When an employee, in any job classification requiring driving, has lost
his/her license for driving under the influence of alcohol or a controlled
substance he/she will be offered available inside work of one (1) full-time or
two (2) part-time openings, not to exceed one (1) year provided that the
employee is assessed by a Substance Abuse Professional (SAP) and is
released to return to work by the SAP. The SAP shall establish the terms
upon which the employee may return to work. The employee must also enter
a rehabilitation program, if required by the SAP, within one (1) month of the
SAP’s assessment. The employee shall be returned to driving once he/she
successfully completes the rehabilitation program, provided his/her driving
privileges have been restored. The employee shall receive the appropriate
rate of pay for the job performed based on his/her seniority. Coverage for
benefits shall continue for the length of the leave of absence or for the job
duration, up to one (1) year.
Any driver cited for Driving Under the Influence who does not have his/her
license suspended, or who has limited driving privileges, shall be assessed by
a SAP within five (5) working days of the citation. If the SAP determines the
driver does not require rehabilitation, then he/she shall be allowed to return
to driving. Until the assessment is completed, the driver shall be allowed to
work inside in accordance with the paragraph above. If rehabilitation is
required, the above paragraph shall also be applicable. The one time right to
rehabilitation provided in Article 35, Section 4.11 shall not be applicable to a
driver who completes a rehabilitation program under this paragraph, unless,
as a result of the DUI citation, the driver is convicted or loses his/her license
for driving.
This Section does not apply to the employee that has lost his/her
license for being disqualified for testing positive for controlled substances.
Section 3.4 CDL Qualification This Article shall also apply in the event an employee is unable to
successfully pass the DOT commercial drivers license (CDL) examination
provided the employee makes a bona fide effort to pass the test each time the
opportunity presents itself.
Section 4. Maternity and Paternity Leave It is understood that maternity leave for female employees shall be granted
with no loss of seniority for such period of time as her doctor shall determine
that she is physically unable to return to her normal duties and maternity
leave must comply with applicable state and federal laws.
A light duty request, certified in writing by a physician, shall be granted in
compliance with state or federal laws, if applicable.
Paternity leave shall be granted in accordance with Section 6 of this Article
with the exception of employees not able to meet the qualifications set out in
Section 6, who shall be granted leave not to exceed one (1) week.
Notwithstanding any provision to the contrary in any Supplement, Rider, or
Addenda, an employee shall be allowed to designate in any vacation year
paid time off up to twenty (20) days, to be used in the next vacation year, in
accordance with this paragraph. Any paid time off that is provided on a
weekly basis can only be banked in weekly increments. The accrued paid
time off may be used in the next vacation year to cover any period of time
that (1) the employee is determined to be unable to perform her job due to
pregnancy (for the father, time off is requested due to the birth) and (2) is not
covered by the FMLA, existing disability plans or other paid time off. If the
accrued time off is not used in that year, it will be paid to the employee
within two (2) weeks of the request. If the vacation is not used as part of the
leave, and it would have originally been taken in that vacation year, the
employee shall also have the option of rescheduling the unused vacation as
time off in accordance with local practice.
Section 5. Rehabilitation Program - Leave of Absence An employee shall be permitted to take a leave of absence for the purpose of
undergoing treatment in an approved program for alcoholism or substance
abuse. Employees may use the United Parcel Service Employee Assistance
Program (EAP), a Union sponsored rehabilitation program, as well as any
other referral service in choosing an approved program for treatment.
The leave of absence must be requested prior to the commission of any act
subject to disciplinary action except as provided in Article 35, Section 3 and
Section 4. The leave of absence shall be for a maximum of ninety (90) days;
additional time may be granted if it is mutually agreed between the Company
and the Union, or requested by the Substance Abuse Profession (SAP).
While on such leave, the employee shall not receive any of the benefits
provided by this Agreement, Supplements, Riders and/or Addenda, except
the continued accrual of seniority.
If an employee voluntarily enters such a rehabilitation program, under the
provisions of the Article, the following shall apply:
1. Before returning to work, the Employer shall ensure that the employee is
“alcohol/drug free,” this requirement shall be satisfied when the employee
has provided a negative drug test result, as per cutoff levels contained in
Section 3.3 or Section 3.4 of Article 35, as applicable, and/or an alcohol test
with an alcohol concentration less than .02.
2. Within one (1) year of the date on which an employee returns to work, the
employee may be subject to unannounced alcohol/drug testing, as specified in
the return to work agreement. The one (1) year period may be extended only
by the SAP, and must be substantiated by written verification of the SAP.
3. Unannounced alcohol/drug testing for the above-mentioned employee, if
required shall be determined by the SAP as provided in this Article. The
date, time and place of collection for alcohol/drug testing, if required, shall
be determined by the SAP.
4. Failure to comply with the after-care treatment plan or a positive
specimen as part of the after-care treatment plan will result in discipline
pursuant to Article 35, Sections 3.13 and 4.12.
All alcohol/drug treatment agreements including pre-care, after-care and
return to work agreements entered into shall be confidential and signed by
the employee and the SAP overseeing the treatment program and must have
been approved by the Local Union business agent prior to the employee’s
signature. The post-care agreement shall comply with all provisions of this
Article.
The Employer agrees to recognize the employee’s rights to privacy and
confidentiality while being party to such an agreement. The Employer agrees
that in all circumstances the employee’s dignity will be considered and all
necessary steps taken to insure that the entire process does nothing to
demean, embarrass or offend the employee unnecessarily.
Section 6. Family and Medical Leave Act (FMLA) All employees who have worked for the Company for a minimum of twelve
(12) months and worked at least 1250 hours during the past twelve (12)
months are eligible for unpaid leave as set forth in the Family and Medical
Leave Act of 1993.
Additionally, any employee not covered above, that has worked for the
Company for a minimum of thirty-six (36) months and accrued at least 625
paid hours during the past twelve (12) months is eligible for unpaid leave as
set forth below, except that the amount of leave allowed will be computed at
one half (1/2) of the time provided by the FMLA.
Eligible employees are entitled up to a total of 12/6 weeks of unpaid leave
during any twelve (12) month period for the following reasons:
1. Birth of a child;
2. Adoption, or placement for foster care;
3. To care for a spouse, child, or parent of the employee due to a serious
health condition;
4. A serious health condition of the employee.
The employee’s seniority rights shall continue as if the employee had not
taken leave under this section, and the Employer will maintain health
insurance coverage during the period of the leave.
The Employer may require the employee to substitute accrued paid vacation
or other paid for leave for part of the 12/6 week leave period.
The employee is required to provide the Employer with at least thirty (30)
days advance notice before FMLA leave begins if the need for leave is
foreseeable. If the leave is not foreseeable, the employee is required to give
notice as soon as practicable. The Employer has the right to require medical
certification of a need for leave under this Act. In addition, the Employer has
the right to require a second (2nd) opinion at the Employer’s expense.
The provisions of this section are in response to the Federal Act and shall not
supersede any state or local law which provides for greater employee rights.
ARTICLE 17. PAID-FOR TIME All employees covered by this Agreement shall be paid for all time spent in
service of the Employer. Rates of pay provided for by this Agreement shall
be minimums. Time shall be computed from the time that the employee is
ordered to report for work and registers in and until the employee is
effectively released from duty. All time lost due to delays as a result of
overloads or certificate violations involving federal, state or city regulations,
which occur through no fault of the driver, shall be paid for by the
Employer.
The Employer will not allow employees to work prior to their start time
without appropriate compensation.
Wages for properly selected vacations, in all instances, will be paid to the
employees no later than the workday prior to their vacation. If the employee
does not receive his/her vacation check, the Employer will make all
reasonable efforts to provide the check the following day including delivery
by Saturday or Next Day Air. Other shortages involving more than thirty
dollars ($30.00) for full-time employees, and fifteen dollars ($15.00) for part-time
employees, will be corrected and the payment will be made available to
the employee at his/her reporting location on his/her second scheduled
workday after reporting the shortage. If the Employer fails to make the
payment available on the employee’s second scheduled workday and the
shortage was the result of the Employer’s error, the employee will be paid an
additional amount equal to one-half (1/2) of his/her daily guarantee at
his/her regular hourly rate for every full pay period in which the shortage is
not paid after the second (2nd) scheduled work day, until corrected.
Errors of less than thirty dollars ($30.00) for full-time employees or fifteen
dollars ($15.00) for part-time employees and overages will be corrected in the
following weekly paycheck.
All green checks will be taxed at the employee’s regular withholding tax rate.
Paycheck stubs will show the year-to-date vacation, sick and personal leave
balances.
ARTICLE 18. SAFETY AND HEALTH EQUIPMENT,
ACCIDENTS AND REPORTS Preamble The Employer and the Union agree that the safety of the employees and the
general public is of utmost importance.
The Employer and the Union have developed the following Sections and
Subsections of this Agreement to respond to that mutual concern for safety.
The contract language responds to a variety of areas related to safety, health,
ergonomics, climatic conditions as well as federal, state and local laws
dedicated to providing a safe and healthy workplace.
To address safety and health issues, the Employer and the Union have
developed the following:
A. A National UPS/IBT Safety and Health Committee;
B. A National UPS/IBT Safety and Health Grievance Committee to respond
to safety, health, ergonomic and climatic issues and concerns; and
C. A Safety and Health Committee, chaired by the UPS Director of Health
and Safety and the IBT Director of Safety and Health, will be formed to
address present and future safety and health solutions; and
D. Local area joint labor/management committees comprised of bargaining
unit members and management to address job related safety and health
concerns through the Comprehensive Health and Safety Process (CHSP).
Notwithstanding the employee’s right to contact federal, state or local
agencies, it is the recommendation of the committee that issues and concerns,
regarding this Agreement, should first be brought before the National Safety
and Health Committee.
Section 1 - Employees’ Rights - Equipment, Vehicles and Conditions The Employer shall not require employees to take out on the streets or
highways any vehicle, or use any type of equipment, that is not in a safe
operating condition or equipped with the safety appliances prescribed by
law. First line trailers will be swept on a daily basis. All package cars and
tractors will be maintained in a clean and sanitary condition including
mirrors and windows.
Under no circumstances will an employee be required or assigned to engage
in any activity involving dangerous conditions of work or danger to a person
or property or in violation of a government regulation relating to safety of
person or equipment. The term “dangerous conditions of work” does not
relate to the type of cargo which is to be hauled or handled.
It shall not be a violation of this Agreement, or cause for disciplinary action,
where employees refuse to operate equipment or a vehicle when such
operation constitutes a violation of any state or federal rules, regulations,
standards or orders applicable to commercial motor vehicle safety or health,
or because of the employee’s reasonable apprehension of serious injury to
himself/herself or the public due to the unsafe conditions as set out in any
state or federal rules, regulations, standards or orders applicable to
commercial motor vehicle safety or health to include Part 392.14 of the
Federal Motor Carrier Regulations.
Section 2. Out of Service Equipment and Vehicle Reports All equipment which is refused, or has been written up for repair, because
not mechanically sound or properly equipped, shall be appropriately tagged,
and placed out of service, so that it cannot be used by other drivers, or
employees until the Automotive/Maintenance Department has adjusted the
complaint.
Employees shall immediately, or at the end of their shifts, report all known
defects of equipment on a suitable form furnished by the Employer. The
Employer shall not ask or require any employee to utilize equipment that has
been reported by any other employee as being in an unsafe condition. Such
equipment will be red tagged, as necessary, by automotive/maintenance
personnel. The tag must not be removed until the Automotive/Maintenance
Department has determined that the vehicle/equipment is in a safe operating
condition or, where no Automotive/Maintenance Department exists, qualified
management will make the deciding determination. Management not
qualified to make such a determination, will consult with qualified
automotive/maintenance personnel before removing a red tag. The person
making the decision will sign off the car condition report or other form
required by law. Any automotive/maintenance person consulted will be noted
on this report.
When the occasion arises where an employee gives a written report on forms
in use by the Employer of a vehicle/equipment being in unsafe working or
operating condition and receives no consideration from the Employer, the
employee shall take the matter up with an officer of the Union, who will take
the matter up with the Employer. But in no event shall an employee be
required to operate a vehicle/equipment that is unsafe or in violation of any
federal, state or local, rules, regulations, standards or orders applicable to
equipment or commercial motor vehicles.
Copies of the car-condition reports or Driver Vehicle Inspection Reports
(DVIR) will be available in centers for review by drivers. Upon notification,
drivers may make copies of said reports in facilities that have copy
equipment. In facilities with no copy equipment, the employee will be
provided a copy as soon as practical, when requested. In no case will the copy
of the DVIR remain valid after the DOT retention requirement (ninety (90)
days) or the original DVIR expires. The current DVIR will be maintained in
each vehicle between completion of Preventative Maintenance Inspections
(PMI). Other copies will be made available for review by drivers as required
by the Federal Motor Carrier Safety Act (FMCS), 49 CFR 396, as applicable
to the Employer.
Section 3. Accidents and Reports Any employee involved in any accident shall immediately notify the
Employer.
When required by the Employer, the employee, before the end of the
employee’s shift, shall complete a report of the accident including all
available names and addresses of witnesses to the accident. The reference
number will be given to the employee, and when requested, a copy of the
accident report will be furnished to the employee within two (2) working
days of such request. A copy of the accident report will also be furnished to
the Local Union if requested by a Local Union official. In cases of equipment
accidents where a Driver’s Report of Accident form is completed, the
employee will be given a copy of the form the same day, when requested. In
facilities with no copy equipment the employee will be provided a copy as
soon as practicable.
In the event of a vehicle accident, the Employer shall have twenty (20) days
to complete its investigation, if warranted, and ten (10) days to take
disciplinary action, if any, unless otherwise mutually agreed. Except for
serious accidents, where the driver may be presumed to be at fault, a driver
will not be removed from the payroll during an investigation of the accident.
A serious accident is defined as one in which:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as a result of
the injury, receives immediate medical treatment away from the scene of the
accident, or;
3. A citation is issued and one or more motor vehicles incur disabling damage
as a result of the accident requiring a vehicle to be transported away from
the scene by a tow truck or other vehicle, or;
4. Any vehicular contact with an aircraft which results in damage that
grounds such aircraft, or;
5. There is an accident involving a motor vehicle on Company property,
outside of any building, that results in a fatality or bodily injury to a person,
who as a result of the injury receives medical treatment away from the scene
of the accident.
The driver will be entitled to non-driving work during this period at his/her
normal rate of pay.
The Employer and the Union mutually agree that the employee’s rights to
Union representation will be protected pursuant to Article 4 of the National
Master UPS Agreement.
Section 4. Seats The Employer will provide air-ride seats in all new tractors and when
replacing the driver seat in present tractor equipment. Such seats shall be
maintained in a proper and reasonable condition.
When replacing the seat cushion in package cars where the seat is attached to
a post, the Employer will use the new soft ride cushion agreed to. When
replacing the seat back, the Employer agrees to provide the new seat back
with the adjustable lumbar support feature. Seat backs will be replaced as
needed subject to availability from the manufacturer. In all new P-32
through P-120 vehicles, the Employer agrees to provide multi-adjust seats.
Section 5. Sun Visors Employer approved replacement sun visors will be provided upon request on
all equipment.
Section 6. Building Heat Centers will be heated, where practical.
On a facility-by-facility basis, the Employer will evaluate whether additional
ventilation or heat is needed for purposes of safety and health. This will
include clerical work areas outside of office structures in the UPS facilities.
Section 6.1 - Indoor Air Pollution 1. Motor vehicles shall be physically connected to a local exhaust ventilation
system when the operations in the shop require that the vehicle engine be
idled or otherwise operated. Shop areas shall be designated as separate
walled-in areas.
2. The Employer will instruct drivers of motor vehicles not to allow vehicles
to unreasonably idle while indoors.
Section 7. Trailer Configuration The Employer will make every effort to have the heaviest loaded trailer as
the lead trailer. If the percent of load in one (1) trailer exceeds the other by
twenty-five percent (25%) or more, such trailer shall be the lead trailer,
except when state or federal regulations require otherwise. However, if the
driver feels the percentage exceeds twenty-five percent (25%) in the rear
trailer or the unit does not handle properly, he/she may contact management
and will be authorized to switch the unit and be paid for such time.
Section 8. Radios Transistor radios will be allowed in package cars.
Applicable laws regarding the use of cell phones while driving will be
followed by all employees while driving Company vehicles. The use of cell
phones by other employees will be with approval of the Employer.
The use of Citizen Band (C.B.) Radios, not to exceed five (5) watts, shall be
permitted in all feeder road equipment as follows:
a. Operators of C.B. Radios must conform to FCC rules and regulations and
be properly licensed and license be on record with the Employer.
b. Head sets and earphones shall not be allowed.
c. The Employer will not be responsible in any way for any damage or loss of
C.B. Radio equipment.
d. All power hookups and antenna brackets shall be provided and installed
by the Employer.
e. Antennas shall be so installed that they do not interfere with the operation
of the wash rack or restrict the vision of the driver.
Section 9. Tires Only first-line tires will be used on the steering axle of feeder road
equipment, including P80’s used as feeders. In case of breakdown a
temporary replacement other than a first-line tire may be used to return to
the home terminal. The Company agrees to not mix radials and bias ply tires
on the same unit.
Section 10. Shocks Where the manufacturer recommends and provides shock absorbers as
standard equipment, properly maintained shocks on such equipment shall be
considered as a necessary and integral part of that assembly.
Section 11. Mirrors All vehicles shall be equipped with regular mirrors and a convex mirror.
New feeder road equipment shall be equipped with heated mirrors. Any
feeder road equipment not presently equipped shall be equipped with heated
mirrors when the mirrors require replacement.
The Employer shall continue to install and maintain the agreed to
camera/monitor backing system devices in all package cars for the
furtherance of safety while backing. If technological advances would allow a
more effective system or enhancements in the current system, the Employer
shall meet with the Union to discuss and review any potential changes.
Upon request, cab-over tractors with a lower window on the right side door
will be equipped with a convex mirror on the door.
Section 12. Dollies All new dollies placed into service shall be counter balanced (max 70 lb. lift
weight) with handles on the tongue. All dollies in the system will be counter
balanced for 70 lb. lift weight and have handles on the tongue.
Section 13. Exhaust Systems All new diesel tractors added to the fleet after January 1, 1994, shall be
equipped with a vertical exhaust stack. Package car exhaust systems, when
replaced, shall exit to the side of the vehicle.
Section 14. Package Cars All new package cars, P-32 and larger, added to the fleet shall be equipped
with package compartment venting. Upon ratification of this Agreement, the Climatic
Conditions Committee shall meet to evaluate and, if needed, recommend appropriate
method(s) for venting the package compartments. The installation of cab compartment
fans will be determined by individual districts.
All requests for door handle shields coverings will be complied with in a
timely manner.
When requested, package cars larger than a P-32 will have grab handles
located on the curb side of the package car and mounted on the inside, and
will be equipped with mounting brackets to secure hand carts. The Employer
will make every effort to require all new package car designs to have lower
cab entry steps.
Gear shift extensions shall be addressed on a case-by-case basis.
All new package cars placed into service shall be equipped with power
steering.
The Employer will replace package cars at a rate no less than the percent
replaced over the duration of the prior contract that expired July 31, 2002.
The Union will be notified if the Employer cannot meet this schedule because
of volume downturns.
A package car will be equipped with a hand cart at the driver’s request.
Section 14.1 Driver Safety and Security The bulk head door release in package cars must be accessible from the
inside as well as the outside in order to enable exit from the package
compartment.
Section 15. Heaters and Defrosters The Employer shall install and maintain heaters and defrosters on all trucks
and all safety equipment required by law. Complaints regarding heaters or
defrosters not being in proper working order shall be addressed pursuant to
the red-tagging procedures under Article 18, Section 2.
Section 16. Noise Abatement All new package cars and feeders, will be ordered to comply with Federal
Motor Carrier Safety Regulations (FMCSR), regarding in cab noise levels.
Section 17. Vehicle Integrity The Employer agrees to maintain all door and engine compartment seals in
order to eliminate, as much as possible, fumes, dust and moisture in the
package car.
Section 18. Vehicle and Personal Safety Equipment All automotive vehicles shall be equipped with a manufacturer certified seat
belt restraint system. Jump seats shall be equipped with a safety belt. Three-point
shoulder harness safety belts shall be provided on the driver’s side of
all new vehicles, and on the jump seat for all new P-32 through P-120
vehicles and all new 24-foot vans. It shall be required that the driver’s seat
belt and the jump seat safety belt be worn at all times when the vehicle is
moving.
Feeder tractor door locks, where provided as original equipment, shall be
maintained in working order.
Section 19. Qualification on Equipment If the Employer or a government agency requests a regular employee to
qualify on equipment requiring a classified or special license, or in the event
an employee is required to qualify (recognizing seniority) on such equipment
in order to obtain a better job opportunity with his/her Employer, the
Employer shall allow such regular employee the use of the equipment so
required in order to take the examination.
Section 20. National UPS/IBT Safety and Health Committee Section 20.1 - National UPS/IBT Safety and Health Committee - Safety,
Health and Equipment Issues The Employer and the Union shall maintain a National UPS/IBT Safety and
Health Committee. The Committee shall be governed by the terms of this
Agreement and by an agreed to set of rules of procedure.
It is the responsibility of the Committee to provide guidance and
recommendations on all factual issues, involving safety and health (including
ergonomic issues) and equipment, affecting employees covered by the
National Master United Parcel Service Agreement. The Committee is also
charged with the responsibility to review and approve the development and
implementation of the CHSP. At the discretion of the chairmen, it may also
consider any subject pertaining to the safety and health of the employees
covered by this Agreement which it deems significant. Such Committee shall
convene on a regular basis, with an agenda to be agreed to by the respective
chairmen.
As agreed by the chairmen, the Committee may establish such
subcommittees as it deems necessary to address matters affecting safety and
health.
Section 20.2 - National UPS/IBT Safety and Health Grievance
Committee The Committee shall also serve as the National UPS/IBT Safety and Health
Grievance Committee. All interpretations and grievances, of a factual nature,
arising under but not limited to Articles 18 and 35 of the National Master
UPS Agreement shall be heard by the Committee, pursuant to Article 8, of
the National Master UPS Agreement, and the rules of the National Grievance
Committee.
Decisions of this Committee shall be final and binding on all parties. Cases
that are deadlocked by the Committee, unless called to the National
Grievance Committee by mutual agreement of the National Chairpersons,
may proceed to arbitration.
The Committee shall meet in conjunction with the National Grievance Panel
to resolve all cases on its agenda.
Section 20.3 Climatic Conditions Committee The National UPS/IBT Safety and Health Committee is also responsible for
the Climatic Conditions Committee, formulated to review severe climatic
conditions that may seriously affect employees in different geographic areas.
The Committee shall have the authority to resolve factual issues before it and
its decision will be final and binding. Cases that are deadlocked by the
committee shall be referred to the National Grievance Committee.
Section 20.4 Safety and Health Committees There shall be Safety and Health committees to cover all full-time and part-time
employees. There shall be one (1) committee per Center unless the number
of employees and/or job classifications within a center dictate the
establishment of more than one (1) committee. The respective committees will be
comprised of a mutually agreed to number of bargaining unit representatives
and up to an equal number of management representatives.
Bargaining unit members who seek to serve on the Safety and Health
committee may volunteer to do so, with approval of the Local Union. The
Union co-chair of the committee(s) shall be selected by the bargaining unit
members of the committee.
Each committee shall meet at least once each month at a mutually agreeable
time and place. The Employer shall provide committee members with
adequate time to perform committee functions, as described in paragraphs 1
through 7 below.
Each committee shall perform functions including, but not limited to:
1. Creating sub-committees, on an as needed basis, to investigate specific
issues of safety and health concern. These committees shall report to the full
committee.
2. Developing and maintaining minutes for all meetings, with copies to all
committee members and posted on designated safety bulletin boards.
3. Conducting periodic inspections of the facility to ensure that there is a
safe, healthful and sanitary working environment in each center.
4. Accompanying governmental, union, and/or Company health and safety
professionals on facility inspection tours. The Employer may limit the
number of bargaining unit members of the committee accompanying such an
inspection tour.
5. Receiving information pertaining to lost workday injury/accident causes
and review results of the investigation of such injuries/accidents.
6. Receiving copies of the center’s OSHA Illness and Injury logs and the
facility’s man-hours.
7. Receiving the Company sponsored training to enable committee members
to effectively perform their respective functions as safety and health
committee members.
Any information provided to a CHSP committee will not be shared outside
the committee without the Employer’s consent.
If the committee is unable to resolve a safety and health concern and all steps
of the Comprehensive Health and Safety Process (CHAP) have been
exhausted, the issue will be subject to the grievance procedure.
Section 21 - Hazardous Materials Handling Program The Employer and the Union in compliance with the Occupational Safety
and Health Administration (OSHA) have developed a comprehensive
program to deal with hazardous material spills, the UPS Damaged Package
Response procedure. As a result of the Agreement, the Employer developed a
training program for individuals who are responsible for responding to spills
of hazardous materials.
The Employer agrees to:
1. Provide twelve (12) hours of training, and the proper equipment, to those
employees involved in the clean-up of hazardous material spills. All
designated responders, when positions become open, will be selected in
seniority order. The Employer will allow first responders to resign their
position with written notice given at least sixty (60) days prior to their annual
certification. The resignation will become effective upon completion of
training of a replacement. The Employer may disqualify such employees
from holding the position of designated responder for a period of one (1)
year.
2. Provide one (1) hour of awareness training to every employee who handles
packages potentially containing hazardous materials.
3. Conduct training for new employees during orientations and for current
employees during normal working hours, with all employees compensated at
the appropriate rate of pay.
4. Provide the necessary medical examination for designated first responders
at no cost to the employee.
5. Provide annual refresher training to all employees.
6. Comply with all applicable state and federal OSHA regulations regarding
hazardous materials.
7. Identify, process and store all hazardous type waste, resulting from spilled
or leaking packages, in accordance with all applicable federal, state and local
laws. Processing of hazardous material spills will be initiated and completed
as soon as practicable, but in all events prior to the hazmat responder being
assigned to other non-hazmat duties or completing his/her shift. The
Employer designated processing area will be properly ventilated.
8. Conduct emergency evacuation drills on an annual basis.
9. The Employer will hold meetings, with the designated responders, on a
scheduled basis, and when necessary will hold special meetings, to discuss
and resolve problems or concerns related to hazardous material handling,
clean-up and storage of hazardous materials. The Employer agrees to resolve
any problems or concerns as expeditiously as possible.
The National UPS/IBT Safety and Health Committee is also responsible for
an Occupational Safety and Health Subcommittee to provide training
recommendations for handling hazardous materials, toxic and other harmful
substances for appropriate bargaining unit employees.
This Committee shall function as part of the National UPS/IBT Safety and
Health Committee and shall review UPS hazardous materials training
programs and make recommendations for improvements in:
1. Training course content, material and frequency.
2. Equipment needed.
3. Other related issues deemed appropriate by the Committee.
Failure of the subcommittee or the National UPS/IBT Safety and Health
Committee to reach an agreement will result in the unresolved issue being
processed under the National Grievance procedure rules.
Section 22. Incompatible Package Handling The Employer agrees that all irregular or incompatible packages such as
bars, buckets, exposed metal parts, tire rims, etc., shall be given special
handling in accordance with UPS handling methods and local conditions.
Section 23. Union Liability Nothing in the Agreement or its Supplements relating to health, safety or
training rules or regulations shall create or be construed to create any
liability or responsibility on behalf of the Union for any injury or accident to
any employee or any person or does the Union assume any such liability or
responsibility.
The Employer will not commence legal action against the Union, on a
subrogation theory, contribution theory, or otherwise, as a result of the
Union’s negotiation of safety standards contained in this Agreement or
failure to properly investigate or follow-up Employer compliance with those
safety standards.
ARTICLE 19. POSTING The Employer agrees to supply and provide suitable space for the Union
bulletin board in each center, hub, or place of work. Postings by the Union
on such board are to be confined to official business of the Union and on the
Union’s official letterhead or TITANS. In each package center there shall be
a covered bulletin board. Union Stewards shall have a key for the Union
bulletin boards. The Employer shall not remove, tamper with or alter any
notice posted by the Union unless such notice is harmful to the Employer.
Any such notice removed by the Employer shall be re-posted if the Union’s
position is sustained through the grievance procedure.
ARTICLE 20. EXAMINATION AND IDENTIFICATION FEES Section 1. Required Examination Physical, mental or other examinations required by a government body or
the Employer shall be promptly complied with by all employees; provided,
however, the Employer shall not pay for any time spent in the case of
applicants for jobs, but shall be responsible to other employees only for time
spent at the place of examination or examinations where the time spent
by the employee exceeds two (2) hours, and in that case only for those hours
in excess of said two (2). Examinations are to be taken at the employee’s
home area and are not to exceed one (1) in any one (1) year, unless the
employee has suffered serious injury or illness within the year. Employees
will not be required to take examinations during their working hours unless
paid by the Employer for all time spent. Employees shall be given reasonable
notice of dates of examinations.
For those drivers subject to DOT regulations who possess a valid medical
certificate from a designated DOT provider, the Employer shall pay for any
additional physical, mental, or other examinations required by the Employer
to confirm the validity of the medical certificate.
Section 2. Return to Work Examination It is understood by the Employer and the Union that once an employee
notifies the Employer that he/she has been released to return to work by the
employee’s doctor, the Company doctor must examine the employee within
three (3) working days from the time the employee brings the return-to-work
slip to the Employer.
Section 3. Third Doctor Procedure The Employer reserves the right to select its own medical examiner or doctor
and the Union may, if it believes an injustice has been done an employee,
have said employee re-examined at the employee’s expense. If the two (2)
doctors disagree, the Employer and the Union shall mutually agree upon a
third (3rd) doctor within ten (10) working days, whose decision shall
be final and binding on the Employer, the Union and the employee. Neither the
Employer nor the Union will attempt to circumvent the decision of the third
(3rd) doctor and the expense of the third doctor shall
be equally divided between the Employer and the Union.
If the third (3rd) doctor agrees that the employee should be returned to
work, the employee shall be reimbursed at his/her daily guarantee, less any
other monies received back to the date of the examination by the Company
doctor. It shall exclude any time the employee was not available for
examination or work.
Section 4 - Disqualified Driver - Alternative Work Except as provided for in Article 16, a driver who is judged medically
unqualified to drive, but is considered physically fit and qualified to perform
other inside jobs, will be afforded the opportunity to displace the least senior
full-time or part-time inside employee at such work until he/she can return to
his/her driving job unless otherwise provided for in the Supplements, Riders
or Addenda. While performing the inside work, the driver will be paid the
highest part-time rate as an employee with equivalent seniority or current
area practice. If no full-time inside position is available, the Employer will
meet with the Local Union to develop a full-time position, if possible out of
available work.
Section 5. Identification Should the Employer find it necessary to require employees to carry or
record full personal identification, such requirements shall be complied with
by the employees. The cost of such personal identification shall be borne by
the Employer.
All management personnel shall wear a name tag identifying
them as supervision while on duty.
ARTICLE 21. UNION ACTIVITY Any employee member of the Union acting in any official capacity
whatsoever shall not be discriminated against for acts as such officer of the
Union so long as such acts do not interfere with the conduct of the
Employer’s business, nor shall there be any discrimination against any
employee because of union membership or activities. Any employee shall
have the right to wear a Union pin where there is a practice affording such a
right.
ARTICLE 22. PART-TIME EMPLOYEES Section 1. No part-time employee shall drive except:
(a) when no full-time employee or combination full-time employee is on the
premises;
(b) to avoid delay in the work; or,
(c) as provided for in Article 40 Air Operation.
Section 2. The number of permanent full-time inside jobs in each Local Union area as
of April 30, 1979, shall be guaranteed from replacement by part-time
employees. In addition, the number of permanent full-time inside jobs
created after April 30, 1979, under the provisions of Section 3 will also be
guaranteed from replacement by part-time employees. The exception to the
above will be in cases of bona fide agreements prior to the ratification of this
Agreement.
Section 3. The parties agree that providing part-time employees the opportunity to
become full-time employees is a priority of this Agreement. Accordingly, the
Employer commits that during the life of this Agreement, it will offer part-time
employees the opportunity to fill at least twenty thousand (20,000)
permanent full-time job openings throughout its operations covered by this
Agreement.
This commitment shall include the obligation to create at least ten thousand
(10,000) new full-time jobs from existing part-time jobs during the life of this
Agreement throughout its operations covered by this Agreement; two
thousand five hundred (2,500) jobs during each year beginning in the third
year of this Agreement. The Employer shall, wherever possible, reschedule
part-time employees to make additional full-time jobs or combination full-time
jobs. No part-time employee shall be laid off or suffer a loss of a job as a
result of creating a full-time job under this Article or Article 40.
The Employer’s obligation under this Article and Article 40 of this
Agreement to create full-time jobs from part-time jobs shall be satisfied by
the creation of ten thousand (10,000) full-time jobs during the life of this
Agreement notwithstanding any other provisions in this Agreement, any
Supplement, Rider or Addendum.
In order to enable the Union to enforce and monitor this provision, the
Employer shall provide a quarterly report to the Parcel and Small Package
Trade Division Director containing the location of each job created under
this Section during the previous quarter and the identity of the jobs
combined to create the positions.
Part-time employees shall be selected for full-time openings in accordance
with the procedures contained in the applicable Supplement, Rider or
Addendum.
The number of full-time jobs created under Article 22, Section 3 of the 1997-2002
Agreement shall not be reduced.
Section 4. Part-time employees shall be given the opportunity to fill full-time jobs
before hiring from the outside on a six-for-one basis (six (6) part-time to
every one (1) outside hire).
The following will be incorporated into the job selection procedures in the
applicable Supplement, Rider or Addendum:
The Employer will fill all vacancies and permanent new jobs for part-time
employees from the part-time selection list in all months except November
and December.
Part-time employees with six (6) months or more seniority shall have the
right to place their name on the list of employees waiting to be moved to a
preferred job within their building. Such preferred jobs shall include, but
not be limited to: Preload, Sorter, Clerical, Irregular Train, Designated
Responder, Carwasher, Loader and Unloader. Employees do not have the
right to select any specific unit, load or workstation unless a prior past
practice has been established.
A maximum of twenty-five percent (25%) of the employees on a shift shall be
allowed to change shifts in any one (1) calendar year. The employee
obtaining the new position shall remain on that shift for at least six (6)
months.
Section 5. Wages (a) Part-Time Employees
All part-time employees who have attained seniority as of August 1, 2002 will
receive the following general wage increases:
August 1, 2002 seventy-five cents per hour ($0.75)
August 1, 2003 seventy-five cents per hour ($0.75)
August 1, 2004 eighty cents per hour ($0.80)
August 1, 2005 eighty cents per hour ($0.80)
August 1, 2006 ninety cents per hour ($0.90)
August 1, 2007 one dollar per hour ($1.00)
In addition to the general wage increases above, part-time employees who
have attained seniority as of August 1, 2002 and were not red-circled in or
before 1982 shall receive the following increases:
August 1, 2002 ten cents per hour ($0.10)
August 1, 2003 fifteen cents per hour ($0.15)
August 1, 2004 fifteen cents per hour ($0.15)
August 1, 2005 twenty cents per hour ($0.20)
August 1, 2006 twenty cents per hour ($0.20)
August 1, 2007 twenty cents per hour ($0.20)
Part-time employees still in progression on the effective date of this Master
Agreement shall receive the above contractual increases and, will be paid no
less than what they are entitled to in accordance with the wage schedules in
Article 22, Section 5 (b) below.
(b) Newly Hired Part-Time Employees
All part-time employees who are hired or reach seniority after August 1,
2002, will be paid according to the following wage schedules:
Hourly Rate
Preloader All
Sorter Others
Start $ 9.50 $8.50
Start plus ninety (90) calendar days $10.00 $9.00
Seniority plus one (1) year $10.50 $9.50
Seniority plus two (2) years $11.00 $10.00
Seniority plus three (3) years $11.50 $10.50
Seniority plus four (4) years $12.25 $11.25
Employees working high volume direct or low volume direct shall receive the
preloader/sorter rates.
(c) The wage rates and increases provided in (a) and (b) shall be a minimum.
(d) All part-time employees governed by this Article shall be provided a
minimum daily three and one-half (3-1/2) hour guarantee.
Section 6 - Part-time Employee Transfer Part-time employees who wish to transfer to another location for educational
purposes may submit a written request to the Employer. If approved, the
transfer shall be allowed subject to the following conditions:
A. A part-time opening exists at the desired location.
B. Employees must have attained seniority and been employed by the
Employer for at least one (1) year.
C. Job Classification Seniority shall be end-tailed.
D. Company seniority shall be retained for the purpose of number of weeks
of vacation, and number of holidays in accordance with the applicable
Supplement at the new location.
E. Any expenses, including moving expenses associated with an approved
transfer, shall be the responsibility of the employee.
ARTICLE 23. SEPARATION OF EMPLOYMENT Upon discharge, the Employer shall pay all money due to the employee
during the first (1st) payroll department working day. Upon quitting, the
Employer shall pay all money due to the employee on the payday in the week
following such quitting.
ARTICLE 24. INSPECTION PRIVILEGES Authorized agents of the Union shall have access to the Employer’s
establishment during working hours for the purpose of adjusting disputes,
investigating working conditions, collection of dues, and ascertaining that
this Agreement is being adhered to, provided, however, that there is no
interruption of the Employer’s working schedule.
The Employer agrees that in situations where a specific form of identification
may be required by law to access a location, it will assist the Local Union in
obtaining such identification so as to perform their duties consistent with this
Article.
ARTICLE 25. SEPARABILITY AND SAVINGS If any article or section of this Agreement or Supplements, Riders or
Addenda, hereto, be held invalid by operation of law or by any tribunal of
competent jurisdiction, or if compliance with or enforcement of any article or
section should be restrained by such tribunal pending a final determination
as to its validity, the remainder of this Agreement and Supplements, Riders
or Addenda, hereto, or the application of such article or section to persons or
circumstances other than those as to which it has been held invalid or as to
which compliance with or enforcement of has been restrained, shall not be
affected thereby.
In the event that any article or section is held invalid or enforcement of or
compliance with which has been restrained, as above set forth, the parties
affected thereby shall enter into immediate collective bargaining negotiations
after receipt of written notice of the desired amendments by either the
Employer or the Union for the purpose of arriving at a mutually satisfactory
replacement of such article or section during the period of invalidity or
restraint. There shall be no limitations of time for such written notice. If the
parties do not agree on a mutually satisfactory replacement within sixty (60)
days after receipt of the stated written notice, either party shall be permitted
all legal and economic recourse in support of its demands notwithstanding
any provisions of this Agreement to the contrary.
ARTICLE 26. COMPETITION The Union recognizes that the Employer is in direct competition with the
United States Postal Service and other firms engaging in the distribution of
express letter, parcel express, parcel delivery, and freight, both air and
surface. In order to meet that competition and thereby protect and, if
possible, increase the number of bargaining unit jobs, it is agreed that any
provisions in this Agreement to the contrary notwithstanding, the Employer:
(a) may use substitute means of transportation (such as airplane, helicopter,
ship or T.O.F.C.) in its operations; provided, however, that no feeder driver
in the employ of the Employer, as of August 1, 1997, will be laid off or
displaced from a feeder classification as a result of a run being placed on the
rail. However, the Employer shall not be required to remove loads from the
rail to provide work for employees whose ground loads were eliminated or
temporarily discontinued. Any claimed abuse of this Section by any of the
Local Unions shall be subject to immediate review by the National Grievance
Committee.
Merchandise that has been tendered by United Parcel Service to the railroad
and moved by T.O.F.C. will not subsequently be moved by the railroad, on
the ground, to its final destination. Any exception to the above language will
be in cases of an emergency or cases where the railroad must ground the
merchandise early to meet the company’s service commitment. In these
cases, every effort will be made to use UPS employees.
Bargaining unit employees will move scheduled T.O.F.C. loads from the rail
yards to UPS locations except during peak season.
During peak season, the Employer will make every reasonable effort to use
current UPS employees and hire a sufficient number of employees to handle
peak volume. After doing so, the Employer may use alternate means of
transporting packages during peak season and will utilize union carriers
whenever possible. Plans to utilize outside carriers will be reviewed and
agreed with the Local Union. Such agreement will not be unreasonably
withheld.
(b) may drop loaded or empty trailers at locations designated by it, its
customers or consignees for customer or consignee loading or unloading. It is
understood that customers and consignees will not move trailers for loading
and/or unloading other than on their premises. It is further understood that
dropping and picking up these trailers shall be done by members of the
bargaining unit.
(c) All loading and unloading of dropped shipments at UPS locations will be
done by UPS employees.
ARTICLE 27. EMERGENCY REOPENING In the event of war, declaration of emergency, imposition of mandatory
economic controls, the adoption of a National Health Program or any
Congressional or Federal Agency action which has a significantly adverse
effect on the financial structure of the Employer, during the life of this
Agreement, either party may reopen the same upon sixty (60) days’ written
notice and request renegotiation of the provisions of this Agreement directly
affected by such action. There shall be no limitation of time for such written
notice. Upon the failure of the parties to agree in such negotiations, within
sixty (60) days thereafter, either party shall be permitted all lawful economic
recourse to support its request for revisions. If governmental approval of
revisions should become necessary, all parties will cooperate to the utmost to
attain such approval. The parties agree that the notice provided herein shall
be accepted by all parties as compliance with the notice requirements of
applicable law, so as to permit economic action at the expiration thereof.
ARTICLE 28. SYMPATHETIC ACTION In the event of a labor dispute between the Employer, party to this
Agreement, and any International Brotherhood of Teamsters’ Union, parties
to this or any other International Brotherhood of Teamsters’ Agreement,
during the course of which dispute such Union engages in lawful economic
activities which are not in violation of this or such other agreement, then any
other affiliate of the International Brotherhood of Teamsters, 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 International Brotherhood
of Teamsters’ Agreement between such Employer and such other affiliate.
ARTICLE 29. Section 1. Jury Duty When a seniority employee is called for jury duty service, he/she shall be
excused from his/her regular duties on the days he/she is required to appear
in court or comply with jury rules that prevent him/her from reporting for
work. For any regularly scheduled workday in which time off for such jury
service is granted, the full-time employee shall be paid his/her guarantee and
part-time employee shall receive four (4) hours’ pay at his/her straight-time
hourly rate, less any amount received as a jury duty fee if such fees are
defined as wages under applicable laws. The employee shall be required,
however, to turn over to the Employer adequate proof of his/her jury duty
service and compensation, if any, in order to receive the compensation above
provided.
Employees who are scheduled to work a day shift shall not be required to
report for work on any day he/she is required to report for jury duty unless
released from jury duty not less than six (6) hours prior to the end of his/her
regularly scheduled shift, in which event he/she will be allowed two (2) hours
from the time he/she is released from jury duty to report and work the
remainder of his/her regularly scheduled shift.
Employees scheduled to work any shift other than the day shift shall not be
required to report to work on any day he/she is required to report for jury
duty unless he/she has been released from jury duty not less than four (4)
hours prior to the start time of his/her regular shift and provided further
he/she would complete such shift not less than ten (10) hours prior to the time
he/she is required to report for jury duty the next/following day.
Notwithstanding the above, no employee, working other than a day shift, will
be required to report to work on a night if he or she has served jury duty that
day and that service prevents him or her from reporting for work.
In the event an employee returns to work after being released from jury duty
and works beyond his/her regularly scheduled work day such hours worked
shall be compensated for at the applicable overtime rate of pay.
An employee who is required to report for jury duty during a week of
previously scheduled vacation may select another available week of vacation.
Time spent on jury duty service will be considered time worked for purposes
of Employer contributions to health & welfare and pension plans, vacation
eligibility and payment, holidays and seniority, in accordance with the
applicable provisions of the Supplemental Agreements, Riders and Addenda.
The language contained in this Article will supersede any provision in any
Supplement, Rider or Addendum.
Section 2. Funeral Leave In the event of a death of a member of the employee’s family, a seniority
employee shall be allowed a reasonable time off to attend the funeral or other
bereavement rite.
Members of the employee’s family means spouse, child, or step-child,
grandchild, father, mother, brother, sister, grandparents, mother-in-law and
father-in-law and step-parents.
A regular full-time employee shall be guaranteed two (2) days off to be taken
between the day of death and two (2) working days following the funeral
provided the employee attends the funeral or other bereavement rite. In
cases involving the funeral of a relative listed in paragraph 2 above, an
employee who attends the funeral or bereavement rite is guaranteed a
minimum of two (2) days off.
An employee shall be allowed one (1) day off to attend the funeral or other
bereavement rite of a sister-in-law or a brother-in-law. Reimbursement for
this day shall be the same as provided below.
Time off shall not extend beyond the day of the funeral unless an additional
day is required for travel, except as provided above. In no event will total
compensated time off exceed four (4) scheduled work days. The employee
will be reimbursed at eight (8) times the employee’s straight-time hourly rate
for each day lost from work for those employees whose regular scheduled
workweek is five (5) days, and ten (10) times the straight-time hourly rate for
those employees whose regular scheduled workweek is four (4) days. Part-time
employees will receive the same benefits as above, paid at four (4) times
the employee’s hourly rate. Better conditions contained in Supplements,
Riders or Addenda will be maintained by present employees. All employees
hired after July 2, 1982 will be covered by the above language.
Section 3. Tax Deferred Savings Plan 401(k) The Employer and the Union agree to continue the Teamster UPS National
401(k) Tax Deferred Savings Plan. The Employer shall pay the record-keeping
expense for the Plan.
It is further agreed, by the Union and the Employer, that the Employer shall
withhold from an employee’s earnings, amounts mutually agreed between
the Employer and the employee, and deposit such monies into a 401(k)
account in the employee’s name in compliance with the Internal Revenue
Code and E.R.I.S.A.
This Plan will be jointly administered by the Union and the Employer.
ARTICLE 30. JURISDICTIONAL DISPUTES In the event that any dispute should arise between any Local Unions party to
this Agreement or between any Local Union party to this Agreement and any
other Union, relating to jurisdiction over employees or operations covered by
this Agreement, the Employer agrees to accept and comply with the decision
or settlement of the Unions or Union tribunals which have the authority to
determine such dispute. The parties do not intend by this paragraph to take
away the Employer’s right to designate the home domicile of his employees;
provided, however, that any employees adversely affected shall have recourse
to the grievance procedure. The Employer further agrees that prior to the
change of the domicile of any of its employees, it shall so notify the Unions
directly involved.
ARTICLE 31. GARNISHMENTS In the event of notice to the Employer that a court order has been issued
requiring the Employer to withhold a percentage of an employee’s wages to
satisfy a garnishment, the Employer may take disciplinary action if the
employee fails to satisfy such garnishment or wage assignment within a
seventy-two (72) hour period after notice to the employee that the Employer
is considering disciplinary action. However, the Employer may not discharge
any employee by reason of the fact that his/her earnings have been subjected
to garnishment or wage assignment for any one (1) indebtedness. An
employee may be suspended by reason of the fact that his/her earnings have
been subjected to garnishment or wage assignment for any one (1)
indebtedness, but any such suspension must be for a fixed, stated period of
time.
If the Employer is notified of three (3) garnishments or wage assignments for
more than one (1) debt, irrespective of whether satisfied by the employee
within a seventy-two (72) hour period, the employee may be subjected to
discipline. However, the employee may not be discharged upon notice of a
third (3rd) garnishment, under this provision, unless and until the Employer
has actually begun withholding the employee’s wages on a second (2nd) debt.
If the Employer has an established practice of discipline or discharge with a
fewer number of garnishments or wage assignments, or impending
garnishments or wage assignments, and if the employee fails to adjust the
matter within the seventy-two (72) hour period, such past practice shall be
applicable, provided it does not result in the discharge of an employee prior
to the actual withholding of the employee’s wages for a second (2nd) debt.
A garnishment for child support or alimony shall not be considered a debt
for purposes of discipline.
The Employer shall comply with federal, state and local law in enforcing the
provisions of this Article. Discipline or discharge pursuant to this Article
shall be reasonable and nondiscriminatory.
ARTICLE 32. SUBCONTRACTING For the purpose of preserving work and job opportunities for the employees
covered by this Agreement, the Employer agrees that no work or services of
the kind, nature or type, and including new operations or buildings, covered
by, presently performed, or hereafter assigned to the collective bargaining
unit will be subcontracted, transferred, leased, assigned or conveyed in whole
or in part to any other plant, person or non-unit employees, unless otherwise
provided in this Agreement. The Employer may not subcontract work in any
classification for the purpose of avoiding overtime. The Employer may not
subcontract work in any classification if any employee who normally
performs such work is on layoff.
The number of car washer and porter jobs in the bargaining unit as of July
31, 1990 shall be guaranteed from replacement by the Employer
subcontracting this work. It is further agreed that additions to the workforce
in areas that currently have bargaining unit employees performing this work
shall become bargaining unit members covered under this Agreement.
ARTICLE 33. COST-OF-LIVING (COLA) All seniority employees who have completed their appropriate wage
progression schedule shall be covered by the provisions of a cost-of-living
allowance as set forth in this Agreement.
Employees who have not completed their appropriate wage progression on
the effective date of a COLA increase, shall receive the adjustment on a
prospective basis on the date they complete their wage progression schedules.
The amount of the cost-of-living allowance shall be determined as provided
below on the basis of the “Consumer Price Index for Urban Wage Earners
and Clerical Workers, CPI-W (Revised Series Using 1982-84 Expenditure
Patterns), All Items (1982-84=100), published by the Bureau of Labor
Statistics, U.S. Department of Labor” and referred to herein as the “Index”.
Effective August 1, 2003, and every August 1 thereafter during the life of the
Agreement, a cost-of-living allowance will be calculated on the basis of the
difference between the Index for May 2003 (published June 2003) and every
May thereafter, and the base Index for May 2002 (published June 2002) and
every May thereafter, as follows:
For every two tenths (0.2) point increase in the Index, over and above the
base (prior year’s) Index plus three percent (3.0%) there will be a one (1) cent
increase in the hourly wage rates payable on August 1, 2003, and every August 1
thereafter. These increases shall only be payable if they equal five cents ($.05)
in a year.
All cost-of-living allowances paid under this Agreement will become and
remain a fixed part of the base wage rate for all job classifications. A decline
in the Index shall not result in the reduction of classification base wage rates.
Mileage paid employees will receive cost-of-living allowances on the basis of
0.25 mills per mile for each one (1) cent increase in hourly wages, subject to the
threshold set forth above.
In the event the appropriate Index figure is not issued before the effective
date of the cost-of-living adjustment, the cost-of-living adjustment that is
required will be made at the beginning of the first (1st) pay period
after the receipt of the Index.
In the event that the Index shall be revised or discontinued and in the event
the Bureau of Labor Statistics, U.S. Department of Labor, does not issue
information which would enable the Employer and the Union to know what
the Index would have been had it not been revised or discontinued, then the
Employer and the Union will meet, negotiate, and agree upon an appropriate
substitute for the Index. Upon the failure of the parties to agree within sixty
(60) days, thereafter, the issue of an appropriate substitute shall be submitted
to an arbitrator for determination. The arbitrator’s decision shall be final
and binding.
ARTICLE 34. HEALTH & WELFARE AND PENSION (a) Health & welfare and/or pension contributions shall be increased by
twenty-six dollars ($26) per week on August 1, 2002; and twenty-four dollars
($24.00) per week on August 1, 2003; and twenty-four dollars ($24.00) per
week on August 1, 2004; and twenty-four dollars ($24.00) per week on
August 1, 2005; and twenty-four dollars ($24.00) per week on August 1, 2006;
and twenty-eight dollars ($28.00) per week on August 1, 2007. Where the
employees are covered by both Teamster Health & Welfare and Pension
Funds in a Supplement, Rider or Addendum, the weekly health & welfare
and pension contributions shall be allocated by the respective Joint
Supplemental Area Negotiating Committees, subject to the approval of the
Joint National Negotiating Committee. In those Supplements, Riders or
Addenda, where some of the employees are covered by a Teamster Health
and Welfare Plan and some of the employees are covered by the Company
Health and Welfare Plan, the amount of money allocated to the Company
Health and Welfare Plan shall be the same as the amount allocated to the
Teamster Health and Welfare Plan in the Supplement, Rider or Addendum.
The applicable Supplement, Rider or Addendum will reflect the appropriate
agreed-to increases to the Teamster Pension Plans in those Supplements,
Riders or Addenda where all the employees are in the Company Health and
Welfare Plan and/or covered by Section (f) of this Article. These increases
shall be allocated as follows: twenty-five cents ($0.25) per hour to Health and
Welfare in each year of the contract. The remainder of the contribution
increase each year will be paid into pension.
It is the intent of the Employer and the Union that health & welfare and
pension monies will be allocated in a manner to keep wage increases uniform.
The increases accrued under this Article on August 1st of each year
can only be allocated to health & welfare and/or pension. Any dispute concerning
the allocation of health & welfare and pension money shall be determined and/or
resolved by the Joint National Negotiating Committee.
(b) Monthly, daily and hourly health & welfare and pension contributions
shall be converted from the weekly rate increases in accordance with past
practice.
(c) During the life of this Agreement, the Employer will continue to make
applicable contributions to all IBT Health and Welfare Funds and all IBT
Pension Funds (or the successor funds in case of merger of funds) for full-time
and/or part-time employees in all Supplements, Riders and Addenda
where the Employer was making contributions for full-time and/or part-time
employees on May 1, 1982, unless changes placing these employees in UPS
plans are negotiated and agreed to by the National Negotiating Committee.
(d) In those Supplements, Riders and Addenda where the Employer was
providing health & welfare and/or pension benefit coverage to employees
(either full-time or part-time) on May 1, 1982, the Employer will continue to
provide health & welfare and/or pension benefit coverage under the
Company plan(s), with funding under the related trust(s) established by the
Employer for this purpose, for the life of this Agreement unless specified
otherwise in the applicable Supplemental Agreement, Rider and Addendum.
(e) All contractual provisions relating to health & welfare and pensions shall
be provided in the respective Supplemental Agreements, Riders and
Addenda.
(f) The agreements on Maintenance of Benefits for Teamster Health and
Welfare Plans in the Western Conference of Teamsters Supplemental
Agreement and in the Northern California Supplemental Agreement shall
continue in full force and effect during the life of this Agreement.
(g) The Employer shall not be required to contribute to any jointly-trusteed
health and welfare plan, consistent with the practices and rules and
regulations of such plan in effect as of August 1, 2002 an amount greater
than the amount it contributed on July 31, 2002 plus the increases required
by this Master Agreement, except as may be required by law
notwithstanding any language to the contrary in any Trust Agreement,
Participation Agreement or similar document. The only exception to the
above is the Maintenance of Benefits provision in paragraph (f) above.
(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.
(i) UPS Part-Time Pension Plan
(1.) The UPS Pension Plan will be improved to provide monthly benefits for
part-time employees not covered by Teamster Pension Plans as follows: The
benefit formula in the UPS Pension Plan for current or future part-time
employees who are participants will be increased effective August 1, 2004 to
fifty-five dollars ($55.00) for each year of past and future Credited Service to a
maximum of thirty-five (35) years of Credited Service.
For example, the total monthly benefit will be equal to the following provided
the employee meets the Credited Service requirement:
$1,925 for retirement at any age after 35 years of part-time Credited Service
$1,650 for retirement at any age after 30 years of part-time Credited Service
$1,375 for retirement at age 60 with 25 years of part-time Credited Service
$1,125 for retirement at any age with 25 years of part-time Credited Service
(based on $45.00 per
year of Credited Service)
(2.) Part-time employees will receive one (1) year of Credited Service for
seven hundred fifty (750) or more paid hours. (Six (6) months of part-time Credited
Service will be granted for three hundred seventy-five (375) to five hundred (500) hours
worked in a calendar year, and nine (9) months of part-time Credited Service will be
granted for five hundred one (501) to seven hundred forty-nine (749) hours worked in
a calendar year.) This paragraph will also be applied to determine Credited
Service for all full-time employees on the payroll on August 1, 2002 who were
formally participants in the UPS Pension Plan.
(3.) The Employer will be responsible for funding the UPS Pension Plan as
required to provide the benefits described above and will be responsible for
maintaining the plan.
(4.) The UPS Pension Plan will be governed by the terms of the Plan document.
(5.) Effective August 1, 2002, the Employer will grant additional years of
Credited Service in accordance with the terms of the Plan to all full-time and
part-time employees on the payroll on August 1, 2002, who worked for UPS
after they were twenty-one (21) but were denied Credited Service solely because
the UPS Pension Plan required that an employee be age twenty-five (25) or older
to participate in the UPS Pension Plan.
(6.) For those multi-employer pension plans with which the UPS Pension Plan
does not have reciprocity, the UPS Pension Plan will execute a mutually
agreeable reciprocity agreement with those plans.
(j) Long-Term Disability
(1) Full-time seniority employees will become eligible for long-term disability
(LTD) after six (6) months of employment for non-occupational illnesses or
injuries that last longer then twenty-six (26) weeks.
(2) Long-term disability benefits will equal sixty percent (60%) of the
employee’s base weekly pay to a maximum of five hundred dollars ($500) per
week for up to five (5) years. Long-term disability benefits begin when short-term
disability coverage ends or after twenty-six (26) weeks from date of
disability, whichever is later.
(3) Average weekly base pay is computed by averaging paid hours (maximum
of forty (40) hours per week) each week during the last full calendar quarter the
employee worked and multiplying that by the hourly rate of their base job.
Weeks of unemployment in the prior quarter will not be counted in the
calculation. If there were substantial weeks of unemployment, the prior full
calendar quarter may be used for the calculation.
(4) The definition of disability, termination of eligibility, offsets, exclusions,
limitations, claim procedures and any other related issues will be controlled
by the Summary Plan Description.
(5) The long-term disability coverage will become effective on August 1, 2004
for eligible employees who become disabled after that date. However, pre-existing
conditions will not affect the employee’s eligibility for LTD.
(k) Part-time Retiree Coverage
(1) Effective August 1, 2002 the Employer will provide health insurance
coverage to all part-time employees, not covered by a Union plan, who retire
on or after that date.
(2) To be eligible for the coverage, the part-time employee must (i)
not be eligible for Medicare; (ii) meet the same age and service requirements
as that of a full-time employee in the same Supplement, Rider or Addendum and
at a minimum, be at least fifty-five (55) years of age with a minimum of
twenty-five (25) years of part-time service as defined in the UPS Pension Plan;
(iii) be covered as an active employee by UPS-administered health care plan for
part-time employees at the time of retirement, and; (iv) not a part-time employee
because of a voluntary bid to work part-time status in the five (5) years prior to
retirement.
(3) A retiree’s legal spouse is also eligible for coverage if he or she is not
eligible for Medicare and is under age sixty-five (65).
(4) Coverage and benefit levels shall be as specified in the Summary Plan
Description.
(5) Eligibility for coverage for retiree and spouse begins on the first
(1st) day after the employee’s active coverage ends.
(6) The retired part-time employee will be required to make a contribution
equal to the amount required by a retired full-time employee in the same
Local Union. If there is no established rate the contribution will be two
hundred dollars ($200.00) per month.
ARTICLE 35. EMPLOYEE’S BAIL, LICENSE, SUBSTANCE
AND ALCOHOL TESTING Section 1. Employee’s Bail and/or Court Appearance When an employee is required to appear in any court for the purpose of
testifying because of any accident the employee may have been involved in
during working hours, such employee shall be reimbursed in full by the
Employer for all earnings opportunity lost because of such appearance. The
Employer shall furnish employees who are involved in accidents during
working hours with bail bond and legal counsel and shall pay in full for
same. Employees shall be compensated for time spent in jail at his/her
regular rate of pay. Said bail bond and legal counsel shall remain assigned to
the employee until all legal action in connection with said accident is
concluded, provided the employee is not charged and convicted of criminal
negligence. This Section shall not apply to employees who are found guilty of
drunken driving when involved in an accident during working hours. The
Employer shall assume all responsibility for all court costs, legal fees, and
bail bond fees for any employee who is involved in any accident or accidents
during working hours and shall assume all responsibility for all judgments
and awards against any employee who is involved in accidents during
working hours, which result through court action against said employee,
except as provided above. In case an employee shall be subpoenaed as a
witness in a company-related case, or as a result of his/her on duty
observations of an accident not involving a UPS vehicle, he/she shall be
reimbursed for all time lost and expenses incurred.
Section 2. Suspension or Revocation of License In the event an employee shall suffer a suspension or revocation of the right
to drive the Employer’s equipment for any reason, the employee must notify
the Employer before their next report to work. Failure to comply will subject
the employee to disciplinary action up to and including discharge in
accordance with the procedures set forth in the appropriate Supplement,
Rider and Addendum. (See also Article 16, Leave of Absence, Section 3.1.)
If such suspension or revocation comes as a result of the employee complying
with the Employer’s instruction, which results in a succession of size and
weight penalties or because the employee complies with the Employer’s
instructions to drive Employer’s equipment which is in violation of the
Department of Transportation regulations relating to equipment or because the
Employer’s equipment did not have either a speedometer or a tachometer in proper
working order and if the employee has notified the Employer of the citation for
such violation as above mentioned, the Employer shall provide employment to such
employee at not less than the employee’s regular earnings at the time of such
suspension for the entire time period.
Section 3. Controlled Substance Testing The parties have agreed that the procedures as set forth in Article 35, Section
3 shall be the methodology for all testing and will be modified only in the
event that further federal legislation or Department of Transportation
regulations require revised testing methodologies or requirements during the
term of this Agreement. To the extent that a subject is not covered by this
Article the appropriate regulation shall control.
Should other categories, modifications or types of testing be required by
the government, the parties will meet as expeditiously as possible to develop
a mutually agreeable procedure.
The provisions of Article 16, Section 5 will apply to all employees requesting
enrollment in a rehabilitation program following a positive drug test.
Employees may use the United Parcel Service Employee Assistance Program,
a Union sponsored program, as well as any other referral service in choosing
an approved program for treatment.
Section 3.1 Employees Who Must Be Tested UPS employees subject to Department of Transportation mandated drug
testing are drivers of vehicles with a vehicle weight rating over 26,000
pounds, requiring a commercial driver license (CDL). This includes
mechanics and employees who relieve for vacations or other temporary
vacancies. Any employee who drives a tractor-trailer and is on the qualified
feeder driver list is also subject to DOT mandated testing as provided in this
Agreement.
In addition to testing mandated employees, controlled substance testing will
be part of pre-qualification conditions for feeder driver employment, and
those persons transferring to a feeder driver position. Individuals who are on
a “bid list” for tractor-trailer employment or other similar classification
type jobs are subject to being tested for controlled substances before being
accepted into such a position.
Employees covered by this Collective Bargaining Agreement who are not
subject to DOT mandated drug testing are only subject to reasonable cause
testing as provided herein. The substances for which testing shall be
conducted, and cut-off levels thereto, shall be consistent with those listed for
the DOT-covered employees. This provision also applies to testing conducted
pursuant to rehabilitation and after care programs.
Section 3.2 Testing Because of the consequences that a positive test result has on an employee,
UPS will employ a very accurate, two-stage testing program. Urine samples
will be analyzed by a highly qualified independent laboratory which is
certified by the Department of Health and Human Services (HHS). All
samples will be tested according to DOT drug testing requirements. Validity
testing for the presence of adulterants shall be conducted on all specimens,
per HHS requirements.
Section 3.3 Screening Test The initial test uses an immunoassay to determine levels of drugs or drug
metabolites. The following initial cutoff levels shall be used when screening
specimens to determine whether they are negative for these five (5) drugs or
drug classes.
Substance Initial Test Level (ng/ml)
Marijuana Metabolites 50
Cocaine Metabolites 300
Opiate Metabolites 2000
Phencyclidine 25
Amphetamines 1,000
These substances and test levels are subject to change by the Department of
Transportation as advances in technology or other considerations warrant.
Section 3.4 Confirmatory Test All specimens identified as positive on the initial test shall be confirmed using
gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff
values listed. The following cutoff levels shall be used to confirm the presence
of drugs or drug metabolites:
Substance Confirmatory Test Level (ng/ml)
Marijuana Metabolite (1) 15
Cocaine Metabolite (2) 150
Opiates:
Morphine 2000
6-Acetylmorphine (3) 10
Codeine 2000
Phencyclidine 25
Amphetamines:
Amphetamine 500
Methamphetamine (4) 500
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
(3) Test for 6-AM when morphine concentration is greater than or equal to
two thousand (2000) ng/ml.
(4) Specimen must also contain amphetamine at a concentration greater than
or equal to two hundred (200) na/ml before reporting methamphetamine positive.
In the event the initial urine test indicates a positive response the
confirmatory test must be done. These substances and test levels are subject
to change by the Department of Transportation as advances in technology or
other considerations warrant.
Section 3.5 Laboratory Testing All laboratories selected by UPS for analyzing Controlled Substances Testing
must be HHS certified.
Section 3.6 Types of Testing Required Testing procedures will be performed as part of pre-qualified practices, after
defined DOT reportable accidents, on the basis of reasonable cause, upon
return to duty after a positive test, under DOT mandated random testing and
as follow-up testing for post drug rehabilitation as outlined under Article 16,
Section 5.
Section 3.7. Pre-Qualification Testing Controlled substance testing will be part of UPS’s regulated pre-qualification
conditions for feeder driver positions.
Drivers will be advised in writing prior to the application process that
pre-qualification testing will be conducted to determine the presence of controlled
substances. Applicants will be required to acknowledge in writing an understanding
of this request before they receive an application.
Section 3.8. Reasonable Cause Testing Upon reasonable cause, UPS will require an employee to be tested for the use
of controlled substances.
Reasonable cause is defined as an employee’s observable action, appearance,
or conduct that clearly indicate the need for a fitness-for duty medical
evaluation.
The employee’s conduct must be witnessed by at least two (2) supervisors, if
available. The witnesses must have received training in observing a person’s
behavior to determine if a medical evaluation is required. When the
supervisor(s) confronts an employee, a Union representative should be made
available pursuant to Article 4 of the National Master UPS Agreement as
interpreted. If no steward is present, the employee may select another hourly
paid employee to represent him.
Documentation of the employee’s conduct shall be prepared and signed by
the witnesses within twenty-four (24) hours of the observed behavior, or
before the test results are released, whichever is earlier. In addition, a copy
will be sent to the Local Union in a timely manner.
Note: (Reasonable Cause)
At the time the urine specimen is collected, the employee may opt to also give
a blood sample. If the employee takes this option, the blood sample must
confirm positive presence for the substance confirmed in the urine test. If no
positive is confirmed in the blood specimen, the employee will be given a
warning letter, offered an opportunity for rehabilitation as set forth in this
Article, and the employee will be required to otherwise satisfy the
requirements imposed by the DOT regulations However, if there is a second
occasion where reasonable cause testing results in a positive urine test, the
employee will then be subject to discharge.
Non-DOT - Reasonable Cause:
In the event an employee (not covered by DOT) is tested pursuant to the
discipline Article in the Supplemental Rider or Addenda to the National
Master UPS Agreement, such test will be performed under the same
procedures and requirements as those set forth in this Article. In the event
the test result is positive, as set forth above, it shall be considered a
dischargeable offense.
Section 3.9 Post-Accident Drug Testing DOT mandated drivers will be required to submit to a drug test after a DOT
defined serious accident, which is one in which:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as a result of
the injury, receives immediate medical treatment away from the scene of the
accident, or;
3. A citation is issued and one (1) or more motor vehicles incur disabling
damage as a result of the accident requiring a vehicle to be transported away
from the scene by a tow truck or other vehicle.
Non-DOT mandated drivers may be required to submit to drug testing if
there is any reasonable suspicion of drug usage or reasonable cause to believe
that a driver has been operating a vehicle while under the influence of drugs,
or reasonable cause to believe the driver was at fault in the accident and drug
usage may have been a factor.
Drivers are required to submit to such testing as soon as possible, but in all
events within thirty-two (32) hours. Union representation will be made
available pursuant to Article 4 of the National Master UPS Agreement, as
interpreted.
It is not the intention of this language to prohibit the driver from leaving the
scene of an accident for the period of time necessary to obtain assistance in
responding to the accident or to receive necessary medical attention.
The result of a urine test for the use of controlled substances, conducted by
federal, state, or local officials having independent authority for the test,
shall be considered to meet the requirements of post-accident testing,
provided such tests conform to applicable federal, state or local
requirements, and that the results of the tests are obtained by the Employer.
Section 3.10 Random Testing Random Employee Selection:
The procedure used to randomly select employees for drug testing, in
compliance with the U.S. Department of Transportation Regulations, will be
a computer program specifically intended for such an application.
The program will utilize an internal computer clock procedure to randomly
generate lists of employees mandated for testing by the Department of
Transportation/Federal Highway Administration. The computer shall
randomly select the required number of employees from the total pool of
affected employees. The total pool list shall be by each region.
For verification purposes and to cover absences the computer shall print the
following lists for each testing period:
1. An alphabetical total pool list of employees in the region, and
2. A district list of employees shall be printed from the random list in the
order in which they are computer selected.
An absent employee whose name appears on the primary list on the random
test day must be tested upon return to work immediately upon notification
provided he/she returns prior to the next selection period. The lists or true
copies of the lists shall be maintained by a third party administrator. Upon
request to the District Labor Relations Manager, the lists will be made
available for review by Local Union representatives and company labor
relations managers to verify the proper application and use of the lists in the
random testing system.
The parties agree that no effort will be made to cause the system and method
of selection to be anything but a true random selection procedure insuring
that all affected employees are treated fairly and equally.
The parties further agree not to amend or change the current method of
random selection as described herein without prior agreement between the
parties.
Section 3.11 Notification UPS employees, subject to Department of Transportation mandated random
drug testing, will be notified of testing in person or by direct phone contact.
Notification shall be given by the management person responsible for such
notification.
Section 3.12 Rehabilitation and Testing After Return To Duty/SAP and
Employer Duties A positive test specimen as a result of a DOT pre-qualification or random
test will result in a rehabilitation opportunity. An employee whose test results
are reported to the Medical Review Officer by the HHS certified laboratory
and who has been contacted by the Medical Review Officer or his/her
designee has seventy two (72) hours to contact the Medical Review Officer to
review the test results. If the review time schedule is not met, then the
Medical Review Officer (MRO) may report to UPS Management that the test
is verified as positive. If neither UPS nor the MRO, after making all
reasonable efforts, as required by the DOT regulations, is able to contact the
employee within ten (10) days from receiving the laboratory results, the test
will be considered an uncontested positive test result. If the Medical Review
Officer determines a specimen is positive, then the employee will have five (5)
calendar days to evaluate his/her situation with an approved Substance
Abuse Professional and then up to fifteen (15) calendar days to enter the
rehabilitation treatment center after approval of a leave of absence as
outlined in Article 16, Section 5 of the National Master UPS Agreement. UPS
will follow the final recommendations of the Substance Abuse Professional as
to the appropriate after-care protocol and post rehabilitation unannounced
drug testing.
The employee will be permitted to return to work after the SAP has
determined that the employee has successfully complied with prescribed
education and/or treatment and the employee has provided a negative drug
test result, as per cutoff levels contained in Section 3.3 or Section 3.4 of this
Article, as applicable, and/or an alcohol test with an alcohol concentration
less than 0.02.
It is understood that if the grievance procedure is utilized contractual time
limits on disciplinary action and the employee’s request for rehabilitation
will be suspended until resolution of the grievance.
Substance Abuse Professional (SAP) Each Substance Abuse Professional (SAP) must be a licensed Doctor of
Medicine or Osteopathy, or a licensed or certified psychologist, social
worker, employee assistance professional, or drug and alcohol counselor
(certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission) with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and controlled
substance-related disorders and be knowledgeable of the SAP function as it
relates to Employer interest in safety-sensitive functions and applicable
DOT agency regulations. In addition, the SAP shall keep current on
applicable DOT agency regulations and comply with the DOT qualification
training and continuing education requirements.
The SAP is responsible for performing the following functions:
1. Conducting the initial face-to-face clinical assessment and evaluation to
determine what assistance is needed by the employee to solve problems
associated with alcohol and/or drug use;
2. Referring the employee to an appropriate education and/or treatment
program;
3. Conducting a face-to-face follow-up evaluation to determine if the
employee has actively participated in the education and/or treatment
program and has demonstrated successful compliance with the initial
assessment and evaluation recommendations;
4. Providing the Employer with a follow-up drug and/or alcohol testing plan
for the employee; and
5. Providing the employee and Employer with recommendations for
continuing education and/or treatment.
Follow-up testing shall consist of at least six (6) tests in the first
(1st) twelve (12) months following the employee’s return to duty.
The one (1) year period may be extended as necessary by written verification
of the Substance Abuse Professional.
Employer Responsibilities Prior to allowing an employee to return to duty, after the employee has tested
positive for the presence of controlled substances or has refused to submit to
a drug test, the employer shall:
A. Ensure that the employee is “drug free,” based on a drug test that shows
no positive evidence of the presence of a drug or a drug metabolite in the
employee’s system.
B. Ensure that the employee has been evaluated by Substance Abuse
Professional for drug use or abuse.
C. Ensure and confirm with the Substance Abuse Professional that the
employee demonstrates compliance with all conditions or requirements of a
rehabilitation program in which he or she participated.
Section 3.13 Disciplinary Action Employees may be subject to discipline up to and including discharge as
provided below if they test positive for drugs specified elsewhere in this
Article.
1. Reasonable Cause Testing
a. A positive test is a dischargeable offense
unless the Union and the Employer expressly agree to a lesser penalty. Any such
agreement will not be precedent setting.
b. Refusal to submit to a reasonable cause
drug test is a dischargeable offense.
2. Post-Accident Testing
a. A positive test is a dischargeable offense.
b. Refusal to submit to a post-accident drug
test is a dischargeable offense.
3. Random Testing
a. 1st offense - A positive test shall result
in a warning letter (subject to successful completion of rehabilitation).
b. 2nd offense - A positive test is a
dischargeable offense.
c. Refusal to submit to a random drug test
is a dischargeable offense.
4. Pre-qualification
a. 1st offense - A positive test shall result in
disqualification/not considered for feeder list until the next feeder driver school
is conducted (subject to successful completion of rehabilitation)
b. 2nd offense - A positive test is a dischargeable
offense.
5. Other Dischargeable Offenses:
a. Failure to successfully complete rehabilitation.
b. A positive specimen as part of after-care drug testing.
c. Failure to comply with after-care treatment plan.
d. An adulterated or substituted specimen.
Section 3.14 Preparation for Testing Pursuant to Department of Transportation regulations, the Employer
reserves the right to utilize on site or off site collection facilities.
Upon arrival at the collection site, an employee must provide the collection
agent with:
-Photo identification issued by the Employer or a federal, state or local
government;
If the employee arrives without the above-listed items, the collection agent
should contact the district Safety and Health manager or district Human
Resources manager.
A standard DOT approved urine custody and control form will be supplied
by the appropriate laboratory. This form must be used by all collection
facilities and signed by the employee and the collection agent in the
appropriate areas.
Section 3.15 Specimen Collection Procedures The Employer agrees to continue use of the Specimen Collection Checklist.
The checklist, approved by the National UPS/IBT Safety and Health
Committee, is to be used with the affected employees at the collection site by
the person performing the collection services for the Employer.
The checklist is to be used at all locations, but it is understood that failure to
use or the refusal to use the checklist does not invalidate a properly
conducted controlled substance testing procedure. Nor does it prohibit an
employee’s recourse to the collective bargaining agreement and/or the
grievance procedure.
All procedures for urine collection will follow Department of Transportation
guidelines to ensure an individual’s privacy. An employee who gives reason
to believe that he or she may have adulterated or substituted a sample will be
required to provide a specimen under direct observation by a same gender
collection agent. If it is determined that an employee has adulterated or
substituted a sample it shall result in the termination of his/her employment.
No unauthorized personnel will be allowed in any area of the collection site.
Only one (1) controlled substances testing collection procedure will be
conducted at a time and the specimens can only be handled by the collection
site person.
The employee being tested should remove any outer garments, such as coats,
jackets, hats or scarves, and should leave any personal belongings (purse or
briefcase) with the collection agent. The employee shall display the items in
his/her pockets to the collection agent. If the employee requests it, the
collection agent shall provide the employee a receipt for his or her
belongings. The employee may retain his or her wallet.
After washing his/her hands, the employee shall remain in the presence of the
collection agent and shall not have access to any water fountain, faucet, soap
dispenser, cleaning agent or other materials which could be used to
adulterate the specimen.
The collection agent provides the employee with a new, sealed kit selected by
the employee.
The employee will provide his or her specimen in a stall or otherwise
partitioned area that allows for privacy. The Employer agrees to recognize
all employee’s rights to privacy while being subjected to the collection
process at all times and at all collection sites. Further, the Employer agrees
that in all circumstances the employee’s dignity will be considered and all
necessary steps will be taken to insure that the entire process does nothing to
demean, embarrass or offend the employees unnecessarily. Authorization for
collection under direct observation will be in accordance with Department of
Transportation regulations. All procedures shall be conducted in a
professional, discreet and objective manner. Refusal to provide a specimen
under direct observation when requested shall be considered a refusal to test
and a terminable offense.
The employee shall be instructed to provide at least forty-five (45) milliliters
of urine in the collection container. The employee shall hand the specimen to
the collection agent. The specimen shall remain in the sight of both the
collection agent and the employee at all times. A minimum of thirty (30)
milliliters of urine shall be placed in the primary specimen container by the
collection agent. The collection agent then must pour at least fifteen (15)
milliliters of urine from the collection container into the second specimen
bottle to be used for the split specimen. If the individual is unable to provide
forty-five (45) milliliters of urine, the collection agent shall direct the
individual to drink fluids, not to exceed forty (40) ounces distributed
reasonably over a period not to exceed three (3) hours or until a sufficient
specimen is provided, whichever occurs first. (The original specimen, if any,
should be discarded, unless it was out of temperature range or showed
evidence of adulteration or tampering). If the individual is still unable to
provide forty-five (45) milliliters of urine, he/she will be taken out of service
and a medical evaluation will be conducted within five (5) business days by a
licensed physician who has the expertise in this type of medical issue, and is
approved by the Employer to determine if there is a medical reason for the
inability to provide a specimen. If it is not determined that there is a medical
reason, the individual will be treated as having refused to take the test. If the
employee fails for any reason to provide forty-five (45) milliliters of urine,
the collection agent should contact a third party administrator (TPA) and
either the District Safety and Health Manager or another Employer designee.
The regulations specify the privacy procedures and the reasons to believe
that a specimen has been adulterated which includes, but is not limited to,
conduct clearly and unequivocally indicating an attempt to substitute or
adulterate the sample, e.g., abnormal urine color or urine temperature
outside the acceptable range. All specimens suspected of being adulterated
shall be packaged and forwarded to the laboratory for testing.
In the event of suspected specimen adulteration, a second (2nd)
specimen will be immediately collected under direct observation and the entire
procedure should be repeated including initiation of a new custody and control
form and separate packaging for shipping. If an employee refuses to provide a
second (2nd) specimen, it shall be noted as a refusal to test and
shall be a terminable offense.
The collection agent shall document any unusual behavior or appearance on
the urine custody-and-control form.
Specimen handling (from one (1) authorized individual or place to another)
will always be conducted using chain-of-custody procedures. Every effort
must be made to minimize the number of people handling specimens. Both
specimen containers shall be sealed and then forwarded to an approved
laboratory for testing.
When a return-to-duty or follow-up test is being conducted, the collection process
may be observed. If observed, the observer shall be the same gender as the
employee being tested.
When a test kit is received by a laboratory, the thirty (30) milliliter sealed
urine specimen container shall be removed immediately for testing. The
shipping container with the remaining sealed container shall be immediately
placed in secure refrigerated storage.
If an employee is told that the first (1st) sample tested positive,
the employee may, within seventy-two (72) hours of receipt of actual notice,
request that the second urine specimen be forwarded by the first (1st)
laboratory to another independent and unrelated HHS approved laboratory of the
parties’ choice for GC/MS confirmatory testing of the presence of the drug. If an
employee chooses to have the second (2nd) sample analyzed, he/she shall
at that time execute a special checkoff authorization form to insure payment by the
employee. If the second (2nd) test is positive, and the employee wishes
to use the rehabilitation option, the employee shall reimburse the Employer for
the costs of the second (2nd) confirmation test and handling and shipping
charges before entering the rehabilitation program. For those employees who choose to
have the second (2nd) specimen tested, disciplinary action can only take place
after the MRO verifies the first test as positive and the second laboratory confirms the
presence of the drug. However, the employee must be taken out of service
once the first (1st) test is verified as positive by the MRO while the
second test is being performed. If the second (2nd) laboratory report is
negative, the employee will not be charged for the cost of the second (2nd)
test and will be reimbursed for all lost time. It is also understood that if an employee opts
for the second (2nd) specimen to be tested, contractual time limits on
disciplinary action in the Supplements are waived.
Section 3.16 Specimen Shipping Preparations After measuring temperature and visibly inspecting the urine specimen, the
collection agent should tighten and seal the specimen shipping container.
The collection agent places a security label (initialed and dated by the
employee) over the bottle cap, overlapping the bottle sides.
A double-pouch bag will be used for shipping, with one (1) side for the urine
specimen and the other for paperwork.
The collection agent places the urine specimen in the sealable pocket of the
specimen bag and then seals the bag.
The collection agent places laboratory copies of the urine custody and control
form in the back sleeve of the double-pouch bag.
The collection agent places the sealed specimen bag in the shipping box.
Section 3.17 Medical Review Officer Any person serving as a Medical Review Officer (MRO) for the Company
must be a licensed doctor of medicine or osteopathy with knowledge of
substance abuse disorders, issues relating to adulterated and substituted
specimens, possible medical causes of specimens having an invalid result, and
an applicable DOT agency regulations. In addition, the MRO shall keep
current on applicable DOT agency regulations and comply with the DOT
qualification training and continuing education requirements.
The MRO is responsible for performing the following functions, in addition
to those specified in the DOT regulations:
1. Reviewing the results of UPS’s drug testing program.
2. Receiving all positive and negative drug test reports as prescribed under
the DOT regulations, and making all reports of drug test results to the
Employer.
3. Within a reasonable time, notifying an employee of a confirmed positive
test result.
4. Reviewing and interpreting each confirmed positive test result in order to
determine if there is an alternative medical explanation for the specimen’s
testing positive. The MRO shall perform the following functions as part of
the review of a confirmed positive test result:
a. Provide an opportunity for the employee to discuss a positive test result.
b. Review the employee’s medical history and relevant biomedical factors. A
driver is allowed to use a controlled substance (except for methadone) only
when taken as prescribed by a licensed medical practitioner who is familiar
with the driver’s medical history and assigned duties.
c. Review all medical records made available by the employee to determine if
a confirmed positive test resulted from legally prescribed medication or other
possible explanation.
d. Verify that the laboratory report and assessment are correct.
5. Processing an employee’s request to test the split sample. Such testing will
be conducted at the employee’s expense. The employee shall be reimbursed
by UPS for any such expense should the retest provide a negative result. If a
reanalysis is negative, then the MRO will declare the test canceled.
Section 3.18 MRO Determination If the MRO determines, after appropriate review, that there is a legitimate
medical explanation for the confirmed positive test result, the MRO shall
report the test to the Employer as a negative. If the MRO determines, after
appropriate review, that there is no legitimate medical explanation for the
confirmed positive test result, the MRO shall report the positive test result to
the appropriate member of management in accordance with DOT
regulations.
Based on a review of laboratory reports, quality assurance and quality
control data and other drug test results, the MRO may conclude that a
particular confirmed positive drug test result should be cancelled. Under
these circumstances, the MRO shall report that the test is cancelled.
Not later than seventy-two (72) hours after notification of a confirmed
positive test result or refusal to test because of adulteration or substitution,
an employee may submit a written or verbal request to the MRO for testing
of the split sample. The laboratory used must be certified by the HHS and
must follow usual chain-of-custody procedures.
The employee shall be reimbursed for any pay lost if taken out of service
based upon a positive test result which is negated by the second (2nd)
test or as the result of the resolution of the grievance.
Section 3.19 Record Retention The medical review officer is the sole custodian of the individual test results.
The MRO shall retain reports of individual positive test results for a
minimum of five (5) years. Individual negative test results will be maintained
for at least twelve (12) months. UPS shall maintain in a driver’s qualification
file only such information as required by the DOT to document compliance
with the drug testing requirements.
Section 3.20 Release of Drug Testing Information The MRO shall inform the employee before beginning the verification
interview, that the MRO could transmit to appropriate parties information
concerning medications being used by the employee or the employee’s
medical condition only if, in the MRO’s medical judgment, the information
indicated that the employee may be medically unqualified under applicable
DOT agency rules.
When a grievance is filed as a result of a positive test the Employer shall
obtain from the laboratory its records relating to the drug test. Upon
receiving the records, the Employer shall provide copies to the
appropriate official of the Union, by the end of the following business day
after receiving the documents from the laboratory or the MRO, as
applicable, provided that the employee has executed written consent
authorizing release to the Union, a copy of which must be provided to the
Employer.
The Company agrees to notify the Union of any change of HHS approved
laboratories used for drug testing, for whatever reason.
Section 3.21 Paid For Time Testing - Except for drug tests taken in conjunction with a DOT physical, the
employee will be paid their regular straight time hourly rate of pay in the
following manner:
1. For all time at the collection site.
2. (a) If the collection site is reasonably en route between the employee’s
home and the center, and the employee is going to or from work, pay for travel time
one (1) way between the center and the collection site or the collection site to the
center; or
(b) For travel time both ways between the center and
the collection site, only if the collection site is not reasonably en route between the
employee’s home and the employee’s center.
3. If an employee is called at home to take a random drug test at a time when
the driver is not en route to or from work, the employee shall be paid in
addition to all time at the collection site, travel time both ways between the
employee’s home and the collection site with no minimum guarantee.
When an employee is on the clock and a random drug test is taken any time
during the employee’s shift, and the shift ends after eight (8) hours, the
employee shall be paid time and one-half (1-1/2) for all time past the eight (8)
hours.
Provisions in Supplements, Riders and Addenda that are superior shall
prevail.
Section 4. Alcohol Testing The parties have agreed that the procedures as set forth in Article 35, Section
4 shall be the methodology for testing and will be modified only in the event
that further federal legislation or Department of Transportation regulations
required by regulation, revise testing methodologies or requirements during
the term of this Agreement.
Where such regulations allow revised testing methodologies such
modifications shall be subject to mutual agreement by the parties.
Section 4.1 Employee’s Who Must Be Tested UPS employees subject to Department of Transportation mandated alcohol
testing are drivers of vehicles with a vehicle weight rating over 26,000
pounds, requiring a Commercial Drivers License (CDL). This includes
mechanics and employees who relieve for vacations or other temporary
vacancies. Any employee who drives a tractor-trailer and is on the qualified
feeder driver list is also subject to DOT mandated testing as provided in this
Agreement.
Section 4.2 Testing Because of the consequences that a positive test result has on an employee,
UPS will employ a very accurate, two-stage testing program. Breath samples
will be collected by a Breath Alcohol Technician (BAT), who has been
trained in the use of the Evidential Breath Testing (EBT) device, in a course
equivalent to the DOT’s model course. All samples will be tested according to
DOT alcohol testing requirements. In the event that breath testing is not
possible in such cases as reasonable cause, or post accident, the Employer has
the right to use alternative DOT approved methods.
Section 4.3 Screening Test The initial screening test uses an Evidential Breath Testing (EBT) device to
determine levels of alcohol. The following initial cutoff levels shall be used
when screening specimens to determine whether they are negative for
alcohol. The EBT must also be capable of distinguishing alcohol from
acetone at the 0.02 concentration level, test an air blank, and perform an
external calibration check.
Breath Alcohol Levels:
Less than 0.02 - Negative
0.02 and above - Positive (Requires Confirmation Test)
Section 4.4 Confirmatory Test All specimens identified as positive on the initial screening test, showing an
alcohol concentration of 0.02 or higher, shall be confirmed using an EBT that
is capable of providing a printed result in triplicate; is capable of assigning a
unique and sequential number to each test; and is capable of printing out, on
each copy of the printed test result, the manufacturer’s name for the device,
the device’s serial number, and the time of the test.
A confirmation test must be performed not sooner than fifteen (15) minutes
after the screening test, but not more than thirty (30) minutes after the
screening test.
The following cutoff levels shall be used to confirm the presence of alcohol:
Breath Alcohol Levels:
Less than 0.02 - Negative
0.02 to 0.039 - Positive/Out of service for twenty-four (24) hours from time of
the test
0.04 and above - Positive/Out of service and referred to Substance Abuse
Professional (SAP).
Section 4.5 - Types of Testing Required Testing procedures will be performed as part of pre-qualified practices, after
defined DOT reportable accidents, on the basis of reasonable cause, upon
return to duty after a positive test, under DOT mandated random testing and
as follow-up testing for post alcohol rehabilitation as outlined under Article
16, Section 5.
Section 4.6 Reasonable Cause Testing Upon reasonable cause, UPS will require an employee to be tested for the use
of alcohol.
Reasonable cause is defined as an employee’s observable action, appearance
or conduct that clearly indicates the need for a fitness-for-duty medical
evaluation.
The employee’s conduct must be witnessed by at least two (2) supervisors, if
available. The witnesses must have received training in observing a person’s
behavior to determine if a medical evaluation is required. When the
supervisor confronts an employee, a union representative should be made
available pursuant to Article 4 of the National Master UPS Agreement as
interpreted. If no steward is present, the employee may select another hourly
paid employee to represent him.
Documentation of the employee’s conduct shall be prepared and signed by
the witnesses within twenty-four (24) hours of the observed behavior. In
addition, a copy will be sent to the Local Union in a timely manner.
Non-DOT Reasonable Cause Testing
Employees covered by this Collective Bargaining Agreement who are not
subject to DOT mandated alcohol testing are only subject to reasonable
cause testing as provided herein, in accordance with supplemental practices.
Section 4.7 - Post Accident Alcohol Testing DOT mandated drivers will be required to submit to an alcohol test after a
DOT defined serious accident, which is one in which:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as a result of
the injury, receives immediate medical treatment away from the scene of the
accident, or;
3. A citation is issued and one (1) or more motor vehicles incur disabling
damage as a result of the accident requiring a vehicle to be transported away
from the scene by a tow truck or other vehicle.
Non-DOT mandated drivers may be required to submit to alcohol testing if
there is any reasonable suspicion of alcohol usage or reasonable cause to
believe that a driver has been operating a vehicle while under the influence of
alcohol, or reasonable cause to believe the driver was at fault in the accident
and alcohol usage may have been a factor.
Alcohol testing will be required after accidents under the above conditions
and drivers are required to submit to such testing within two (2) hours of the
accident, if possible, and within eight (8) hours at the latest.
Drivers are required to submit to such testing as soon as possible within two
(2) hours. Under no circumstances shall this type of testing be conducted
more than eight (8) hours after the time of the accident.
It shall be the responsibility of the driver to remain readily available for
testing after the occurrence of a commercial motor vehicle accident. It is also
the responsibility of the driver to not use alcohol for eight (8) hours or until
an alcohol test is performed under this section, whichever occurs first. Union
representation will be made available pursuant to Article 4 of the National
Master UPS Agreement, as interpreted.
It is not the intention of this language to prohibit the driver from leaving the
scene of an accident for the period of time necessary to obtain assistance in
responding to the accident or to receive necessary medical attention.
Law Enforcement Testing
The result of a breath or blood test for the use of alcohol or a urine test for
the use of controlled substances, conducted by federal, state, or local officials
having independent authority for the test, shall be considered to meet the
requirements of post-accident testing, provided such tests conform to
applicable federal, state or local requirements, and that the results of the
tests are obtained by the Employer.
Section 4.8 Random Testing - Random Employee Selection The procedure used to randomly select employees for alcohol testing, in
compliance with the U.S. Department of Transportation regulations, will be a
computer program specifically intended for such an application.
The program will utilize an internal computer clock procedure to randomly
generate lists of employees mandated for testing by the Department of
Transportation/Federal Highway Administration. The computer shall
randomly select the required number of employees from the total pool of
affected employees. The total pool list shall be by each Region. The pool of
employees selected randomly for controlled substance testing will also be the
pool of employees selected for alcohol testing in compliance with DOT
regulations. For verification purposes and to cover absences the computer
shall print the following lists for each testing period:
1. An alphabetical total pool list of employees in the Region, and
2. A District list of employees shall be printed from the random list in the
order in which they are computer selected.
An absent employee whose name appears on the random test list must be
tested upon return to work immediately after notification provided he/she
returns before the next selection period. The lists or true copies of the lists
shall be maintained by a third party administrator. Upon request to the
District Labor Relations Manager, the lists will be made available for review
by Local Union representatives and company labor relations managers to
verify the proper application and use of the lists in the random testing
system.
The parties agree that no effort will be made to cause the system and method
of selection to be anything but a true random selection procedure insuring
that all affected employees are treated fairly and equally.
The parties further agree not to amend or change the current method of
random selection as described herein without prior agreement between the
parties.
A driver shall only be tested for alcohol while the driver is performing safety
sensitive functions, just before the driver is to perform safety sensitive
functions, or just after the driver has ceased performing such functions.
Employees who are on long term illness or leave of absence shall not be
subject to testing.
Section 4.9 Notification UPS employees, subject to Department of Transportation mandated random
alcohol testing, will be notified of testing in person or by direct phone
contact. Notification shall be given by the management person responsible
for such notification.
Section 4.10 Rehabilitation and Testing after Return to Duty If the Breath Alcohol Technician (BAT) determines a specimen is confirmed
positive, then the employee will be removed from service and have five (5)
calendar days to evaluate his/her situation with an approved Substance
Abuse Professional (SAP) and then up to fifteen (15) calendar days to enter
the rehabilitation treatment center after approval of a leave of absence as
outlined in Article 16, Section 5 of the National Master UPS Agreement. UPS
will follow the final recommendations of the Substance Abuse Professional
(SAP), concerning the appropriate after-care protocol and post rehabilitation
unannounced alcohol testing.
It is understood that if the grievance procedure is utilized contractual time
limits on disciplinary action and the employee’s request for rehabilitation
will be suspended until resolution of the grievance.
The provision of Article 16, Section 5 will apply to all employees requesting
enrollment in a rehabilitation program following a positive alcohol test.
Employees may use the United Parcel Service Employee Assistance Program,
a union sponsored program, as well as any other referral service in choosing
an approved program for treatment.
Follow-up testing shall consist of at least six (6) tests in the first twelve (12)
months following driver’s return to duty. The one (1) year period may be
extended as necessary by written verification of the SAP.
Employer Responsibilities
Prior to allowing an employee to return to duty after the employee has tested
positive for an alcohol concentration higher than 0.02, or has refused to
submit to an alcohol test, the Employer shall;
A. Ensure that the employee is “alcohol free”, defined as less than 0.02, based
on an alcohol test.
B. Ensure that the employee has been evaluated by a SAP for alcohol use or
abuse.
C. Ensure and confirm with the SAP that the employee demonstrates
compliance with all conditions or requirements or a rehabilitation program
in which he or she participated.
Section 4.11 Discipline It is agreed that an employee will have a one (1) time rehabilitation
opportunity for alcohol abuse as outlined in Article 16, Section 5, except as
provided under Random Testing below. There shall also be a one (1) time
rehabilitation opportunity for substance abuse.
1. Reasonable Cause Testing
An employee who is tested for reasonable cause and whose alcohol level is
0.02 to 0.039 will be taken out of service for twenty-four (24) hours and
receive a warning letter.
An employee who is tested for reasonable cause and whose alcohol level is
0.040 to 0.069 will be taken out of service for twenty-four (24) hours,
referred to a Substance Abuse Professional (SAP) and suspended for ten (10)
days. If the employee has committed a disciplinary offense under the terms of
the supplemental agreement, the results of the test may be used in the
support of the Employer’s disciplinary action.
A second positive test of 0.02 or above is a dischargeable offense.
A positive test of 0.070 or above is a dischargeable offense.
A presumption exists that the employee was drinking on the job if the
observation, time of testing and alcohol level combine to show the employee’s
level was too high to have consumed alcohol prior to the employee’s report
time.
An employee taken out of service for a positive test result must have a
negative test prior to returning to work.
2. Post Accident Testing
An employee who is involved in an accident for which the mandate requires
post accident testing must submit to such test. A post accident test of 0.02 or
above is a dischargeable offense.
3. Random Testing
A positive test of 0.02 to 0.039 will result in the employee being taken out of
service for twenty-four (24) hours and a warning letter shall be issued.
A second positive test of 0.02 to 0.069 or an initial positive test of 0.04 or
above will result in the employee being taken out of service and a ten (10) day
suspension shall be imposed. The employee will also be referred to a
Substance Abuse Professional (SAP) for evaluation. If the SAP requires in-patient
treatment and that in-patient treatment is the second (2nd) such treatment
afforded the employee, the cost of such treatment will not be borne by the
UPS medical plan.
A third (3rd) positive test of 0.02 or above after the employee was
tested pursuant to the above levels will subject the employee to discharge.
4. Dischargeable Offenses
Other language to the contrary notwithstanding, the following may result in
discipline up to and including discharge:
A. Failure to successfully complete rehabilitation.
B. A positive test, defined as 0.02 or higher, as part of post-care testing.
C. Failure to comply with the after-care treatment plan.
D. Possession of and/or consumption of an alcoholic beverage while on duty.
E. Any test of an on-duty employee that measures at or above the state
mandated DWI level. Should any state reduce the DWI mandated levels
below 0.08, the Employer and the Union agree to meet and re-negotiate
section E of this Agreement.
F. An employee’s refusal to submit to a negotiated test.
Non-mandated employees shall be subject to reasonable cause testing as
outlined above.
In no circumstances under this Section shall suspension time run
concurrently with any leave period.
Section 4.12 - Preparation for Testing Pursuant to Department of Transportation regulations, the Employer
reserves the right to utilize on site or off site testing facilities. Under no
circumstances shall the Employer utilize UPS personnel to serve as a Breath
Alcohol Technician (BAT).
Upon arrival at the testing site, an employee must provide the BAT with a
photo identification.
If the employee arrives without the photo identification, issued by the
Employer, or a federal, state or local government, the BAT should contact
the District Safety and Health manager or the District Human Resources
manager.
A standard DOT approved alcohol testing form must be used by all testing
facilities. The form used for non-DOT tests will contain the same information
and procedures as the DOT form.
Section 4.13 Specimen Testing Procedures The Employer agrees to implement a “Specimen Testing Checklist”. The
checklist, approved by the UPS/IBT Safety and Health Committee, is to be
used with the affected employees at the testing site by the person performing
the testing for the Employer. The checklist is to be used at all locations, but it
is understood that failure to use or the refusal to use the checklist does not
invalidate a properly conducted alcohol testing procedure. Nor does it
prohibit an employee’s recourse to the collective bargaining agreement
and/or the grievance procedure.
Procedures for alcohol testing will follow Department of Transportation guidelines
to ensure an individual’s privacy.
No unauthorized personnel will be allowed in any area of the testing site.
Only one (1) alcohol testing procedure will be conducted at a time.
The employee will provide his or her specimen in a location that allows for
privacy. The Employer agrees to recognize all employee’s rights to privacy
while being subjected to the testing process at all times and at all testing sites.
Further the Employer agrees that in all circumstances the employee’s dignity
will be considered and all necessary steps will be taken to insure that the
entire process does nothing to demean, embarrass or offend the employees
unnecessarily. Testing will be under the direct observation of a BAT. All
procedures shall be conducted in a professional, discreet and objective
manner. Direct observation will be necessary in all cases.
The employee shall provide an adequate amount of breath for the EBT
device. If the individual is unable to provide a sufficient amount of breath,
the BAT shall direct the individual to again attempt to provide a complete
sample. If the employee fails for any reason to provide the requisite amount
of breath, the BAT shall contact the District Safety and Health manager or
Human Resources manager.
If an employee is unsuccessful in providing the requisite amount of breath,
the Employer then must have the employee obtain, within five (5) business
days, an evaluation from a licensed physician chosen by the Employer who
has the expertise in the medical issues concerning the employee’s medical
ability to provide an adequate amount of breath. If the physician determines
that a medical condition has, or with a high degree of probability, could have
precluded the employee from providing an adequate amount of breath, the
employee’s failure to provide an adequate amount of breath will not be
deemed a refusal to take the test.
If the physician is unable to make a determination that the employee was
medically unable to provide a sufficient amount of breath, the employee will
be regarded as refusing to take the test.
The BAT shall document any unusual behavior or appearance on the alcohol
testing form.
Section 4.14 Substance Abuse Professional (SAP) Each Substance Abuse Professional (SAP) must be a licensed Doctor of
Medicine or Osteopathy, or a licensed or certified psychologist, social
worker, employee assistance professional, or drug and alcohol counselor
(certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission) with knowledge of and clinical
experience in the diagnosis and treatment of alcohol and controlled
substance-related disorders and be knowledgeable of the SAP function as it
relates to Employer interest in safety-sensitive functions and applicable DOT
agency regulations. In addition, the SAP shall keep current on applicable
DOT agency regulations and comply with the DOT qualification training and
continuing education requirements.
The SAP is responsible for performing the following functions:
1. Conducting the initial face-to-face clinical assessment and evaluation to
determine what assistance is needed by the employee to solve problems
associated with alcohol and/or drug use;
2. Referring the employee to an appropriate educational and/or treatment
program;
3. Conducting a face-to-face follow-up evaluation to determine if the
employee has actively participated in the education and/or treatment
program and has demonstrated successful compliance with the initial
assessment and evaluation recommendations;
4. Providing the Employer with a follow-up drug and/or alcohol testing plan
for the employee;
5. Providing the employee and employer with recommendations for
continuing education and/or treatment.
Section 4.15 Record Retention The Employer shall maintain records in a secure manner, so that disclosure
of information to unauthorized persons does not occur.
Each Employer or its agent is required to maintain the following records for
two (2) years:
1. Records of the inspection and maintenance of each EBT used in employee
testing;
2. Documentation of the Employer’s compliance with the Quality Assurance
Plan (QAP) for each EBT it uses for alcohol testing;
3. Records of the training and proficiency testing of each BAT used in
employee testing; and
4. Any required log books.
The Employer or its agent must maintain for two (2) years records
pertaining to the calibration of each EBT used in alcohol testing, including
records of the results of external calibration checks.
Section 4.16 Release of Alcohol Testing Information The Breath Alcohol Technician (BAT) shall inform the employee before
testing that the Employer will be notified if the confirmatory test is greater
than 0.02, since the employee will be removed from service and considered
medically unqualified to drive under DOT agency rules and regulations.
When a grievance is filed as a result of a positive test the Employer shall
obtain records relating to the alcohol test. Upon receiving the records, the
Employer shall provide copies to the appropriate official of the
Union, by the end of the following business day after receiving the documents
from the laboratory or the MRO, as applicable, provided that the employee
has executed written consent authorizing release to the Union, a copy of
which must be provided to the Employer.
Section 4.17 Paid For Time Testing - the employee will be paid their regular straight time hourly rate of
pay in the following manner:
1. For all time at the testing site;
2. (a). If the testing site is reasonably en route
between the employee’s home and the center, and the employee is going to or from work,
pay for travel time one way between the center and the testing site or the testing site
to the center; or
(b). For travel time both ways between the center
and the testing site only if the testing site is not reasonably en route between
the employee’s home and the employee’s center.
When an employee is on the clock and a random alcohol test is taken any
time during the employee’s shift, and the shift ends after eight (8) hours, the
employee shall be paid time and one-half (1-1/2) for all time past the eight (8)
hours.
Provisions in Supplements, Riders and Addenda that are superior shall
prevail.
ARTICLE 36. NONDISCRIMINATION The Employer and the Union agree not to discriminate against any
individual with respect to hiring, compensation, terms or conditions of
employment because of such individual’s race, color, religion, sex, national
origin, handicap, veteran status or age in violation of any federal or state law,
or engage in any other discriminatory acts prohibited by law, nor will they
limit, segregate or classify employees in any way to deprive any individual
employees of employment opportunities because of race, color, religion, sex,
national origin, handicap, veteran status or age in violation of any federal or
state law, or engage in any other discriminatory acts prohibited by law. This
Article also covers employees with a qualified disability under the Americans
with Disabilities Act.
ARTICLE 37. MANAGEMENT-EMPLOYEE RELATIONS Section 1. (a) The parties agree that the principle of a fair day’s work for a fair day’s
pay shall be observed at all times and employees shall perform their duties in
a manner that best represents the Employer’s 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 be 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. Any package car driver who desires to be relieved from
overtime on a particular day or days shall submit a request in writing at least
twenty-four (24) hours in advance. The Center Manager and the Steward
shall process such requests based on seniority. The Employer shall allow a
minimum of ten percent (10%) 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 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. Such requests shall not be submitted during the months of
November and December.
(c) The Employer shall make a reasonable effort to reduce package car
drivers’ workdays below 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 following language shall apply, except in the months of
November and December:
Drivers shall have the right to file a grievance if the Employer has
continually worked a driver more than 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, the Union may docket the
grievance to be heard by the “9.5 Committee.” This Committee shall be
composed of two (2) Union and two (2) Employer representatives. The 9.5
Committee shall have the authority to direct the Employer to adjust the
driver’s work schedule. Deadlocked cases shall be referred to the Employer’s
Vice President of Labor Relations and the Co-Chair of the Teamster United
Parcel Service Negotiating Committee for final and binding resolution. The
Employer’s Vice President and the Union’s Co-Chair shall have the
discretion to grant the grievant double time pay for hours worked in excess
of nine and one half (9.5) per day and/or to order the Employer to adjust the
driver’s work schedule. In the event the Employer’s Vice President and the 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 this Section.
(d) No employee shall be disciplined for exceeding personal time based on
data received from the DIAD/IVIS or other information technology.
Section 2. Not more than one (1) member of management will ride with a driver at any
time except for the purpose of training management personnel. No driver
will be scheduled for more than one (1) day’s ride per year with more than
one (1) member of management on the car. Such day will not be used for
disciplinary purposes. The sole reason for two (2) management employees on
the car is for supervisory training. If a supervisor assists a driver during an
O.J.S., that day will not be used in determining a fair day’s work.
During scheduled safety training for feeder drivers the supervisor will only drive for
demonstration purposes and this will not exceed one (1) hour per workday.
Section 3. Any alleged violation of this Article shall be subject to the applicable
grievance procedure. Where an employee has submitted a grievance
regarding an excessive number of rides, no member of management shall
ride with that employee unless and until the local level hearing is concluded,
provided such hearing is held within five (5) working days. If the Union has a
legitimate reason for not being available within the five (5) working days, the
period will be extended up to a total of ten (10) working days.
ARTICLE 38. CHANGE OF OPERATIONS Section 1. (a) The Employer agrees that prior to any change in its operation that will
result in a change of domicile and/or possible layoff of seniority employees, it
shall notify the affected Local Union(s) in writing and then meet jointly with
them to inform them of the changes and to resolve questions raised in
connection with the change. This meeting shall be completed where practical
at least forty-five (45) days prior to the change. The change may not be
implemented until the forty-five (45) days’ notice is provided and the meeting
is completed unless the operational change is dictated by emergency
conditions. The Union shall not unreasonably delay the scheduling or
completion of the requested meeting.
In all locations where the Employer implements “satellite” facilities, the
Employer shall meet with the affected Local Union(s) and discuss the issues
covered by this Article.
(b) Any agreed to change of operations reached by the Local Union(s) and the
Employer shall be reduced to writing and filed with the Joint National
Change of Operations Committee. It is understood that a regional area
representative of the affected region(s) shall sit on the Joint National Change
of Operations Committee.
(c) A Joint Change of Operations Committee will be established in each
Regional area and will resolve issues arising out of the proposed change of
operations. The Committee will resolve issues involving seniority application,
health and welfare, and pension coverage and layoff questions for employees
who are involved in the change. All affected parties will make reasonable
efforts to convene and attend the Regional Joint Change of Operations
Committee meeting prior to the scheduled implementation date to resolve
these issues.
If the Regional Joint Change of Operations Committee is unable to resolve
the issues, such issues shall be referred to the Joint National Change of
Operations Committee for resolution. If no resolution is reached, outstanding
issues shall be referred to the National Grievance Committee for resolution.
The Committee which decides the issues, as described above, shall retain
jurisdiction for a period of twelve (12) months following the change of
operations decision. The decision of the Committee shall be final and
binding.
Unless specifically covered in individual Supplements, Riders or Addenda,
the following shall apply:
(1.) Whenever a center is closed and the work is transferred to or absorbed by
another center, the affected employees will be entitled to follow their work
and their seniority shall be dovetailed at the new center.
(2.) Whenever a center or hub is partially closed and the work of package
drivers and all other regular employees, part-time and full-time, excluding
feeder drivers, is transferred to or absorbed by another center, the affected
employees may either follow their work and have their seniority dovetailed in
the new center or be allowed to exercise their seniority in their present center
and displace the least senior employee in their respective classifications. If
any of the employees whose work is transferred elects not to follow his/her
work, then he or she shall have the same rights as the remaining employees
on the seniority list from which the work was transferred to bid the work
being transferred. Those employees who follow the work shall have their
seniority dovetailed in the new center.
(3.) In a Change of Operations affecting feeder drivers, the following language
will apply: Whenever a center is partially closed and the feeder work is
transferred to or absorbed by another center, all feeder drivers, in seniority
order, will have the option of following the available work and have their
seniority dovetailed in the new center or be allowed to exercise their seniority
in their present center, and take whatever jobs become open as a result of
other employees following the work or taking a layoff. If a senior feeder
driver elects to take a job which has been transferred out, the displaced
employee(s) will fill the vacated job(s) by seniority until the next bid.
Section 2. As a result of the Employer moving an operation more than seventy-five (75)
miles, all full-time employees in accordance with classification seniority who
choose to move, will have their moving expenses paid.
The expense shall include the reasonable cost of packing and the moving of
household goods or house-trailer including dismounting and mounting. The
employee(s) who transfer will have one (1) year from the date of the change
to move.
(a) Employee(s) who are transferred out of their original area where they are
covered by a Teamster Pension Trust Fund into the jurisdiction of another
pension trust fund, such employee(s) shall remain in their original pension
trust fund.
The Employer agrees to pay the required pension contributions to the
employee(s) original pension trust fund as set forth in the trust agreement,
provided there is no conflict with any collective bargaining agreement and/or
trust agreement.
ARTICLE 39. TRAILER REPAIR SHOP Trailer repair facilities are intended to be a separate and distinct operation
from the normal UPS automotive department.
It is understood by the parties that the creation of trailer repair facilities and
their locations shall be at the discretion of the Company.
Section 1. Recognition By execution of this Agreement, the Employer acknowledges and agrees that
employees employed in the classifications listed below in this Article shall be
considered bargaining unit employees for all intents and purposes and be
covered by and included in Article 3 Recognition, Union Shop and Checkoff,
and additionally, such employees shall become a part of the National Single
Bargaining Unit as set forth in this Agreement, unless otherwise provided by
law.
Section 2. Employee Classifications Trailer Repair Employee
Utility Employee Full-time and Part-time
A Trailer Repair employee is a person hired to maintain, rebuild or repair
equipment, in a Trailer Shop.
Section 3. Wage Rates By Classification Trailer Repair Employee
The wage rate of a trailer repair employee will be eighty-five percent (85%)
of the prevailing rate of the UPS automotive journeyman mechanic in the
area where the trailer repair shop is located. A new trailer repair employee
will start at one dollar ($1.00) per hour less than the above-mentioned rate
and will receive a twenty-five cent ($.25) per hour increase when gaining
seniority, an additional twenty-five cents ($.25) per hour after sixty (60)
working days, and an additional twenty-five cents ($.25) per hour after
ninety (90) working days and the final twenty-five cents ($.25) per hour at the
end of one hundred and twenty (120) working days.
Utility Employee Full-time and Part-time
The rate of pay for utility employees will be eighty percent (80%) of the
prevailing rate of the trailer repair employee in the area where the trailer
repair shop is located. A new utility employee, full-time or part-time, will
start at fifty cents ($.50) per hour less than the above-mentioned rate and will
receive a twenty-five cent ($.25) per hour increase when gaining seniority and
an additional twenty-five cents ($.25) per hour after six (6) months of
employment.
Section 4. Health and Welfare All trailer repair shop employees shall be covered under the health and
welfare plan in effect in the Area Supplemental Agreement, Rider or
Addendum.
Section 5. Pension The Employer shall make pension contributions to the fund designated by
the Local Union in the same amounts negotiated and provided for in the
Supplemental Agreement, Rider or Addendum in effect in that area.
Section 6. Seniority The provisions of Seniority in this Article do not supersede any seniority
provisions in Local Supplements, Riders, Addenda or elsewhere in this
Master Agreement unless mutually agreed.
(a.) Classification Seniority shall prevail when unscheduled work is available.
Unscheduled work can include but is not limited to 6th and 7th day work as
well as holiday work. The employee requesting such work must have
adequate hours available to perform the work, and must be qualified to do
the work.
(b.) In the event of a lay-off, the least senior employee in the classification
shall be laid off first. Recall shall be in reverse order of seniority.
Any Trailer Repair employee who is laid off at least five (5) consecutive days
shall have the right to displace any junior employee in the Trailer Shop
provided he/she is qualified to perform the work of the employee he or she
has displaced.
The employee shall receive the appropriate rate of pay for the
job being performed.
(c.) Trailer shop employees will be given the opportunity to select start times
by seniority on an annual basis, provided they are qualified to perform the
work.
Employees shall have classification seniority within the trailer repair facility
only and shall have the right to exercise the same as set forth in the Area
Supplement, Rider, or Addendum. Modifications or changes to area
practices concerning the application of seniority may be made by mutual
agreement between the Local Union and the Employer and shall be a subject
for negotiations. All changes or modifications must be approved by the
National Negotiating Committee prior to implementation.
Section 7. General All other terms and conditions of employment shall be negotiated between
the Local Union and Employer and presented to the National Negotiating
Committee for approval and set forth in local area trailer repair shop Riders
or Addenda.
In areas where current trailer repair employees are part of a
Local area or Supplemental Mechanics Agreement those employees shall
remain covered by their current Agreement. In areas where the Employer
elects to build or open a separate Trailer Repair Facility, unresolved
issues of the newly effected employees will be referred to the National
Committee for resolution.
Section 8. Movement of Equipment It is agreed that all movement of equipment to and from the trailer repair
shop may be assigned to a qualified trailer repair shop employee and shall be
paid at his/her classification rate.
Section 9. Amendments Any alterations, changes, additions or deletions to this Article must be
presented to the National Negotiating Committee for approval prior to being
placed into effect.
Section 10. Paint and Body Facilities In the event paint and body facilities are created to perform repair work on
feeder and package car equipment, the above Article and Sections shall
apply.
Section 11. Training Program A utility employee shall have a one-hundred-twenty (120) day training
program to qualify as a trailer repair person when filling an opening. The
trainee shall maintain his/her current rate of pay for the one-hundred-twenty
(120) day period. Should he/she qualify, he/she will go to the starting rate of a
trailer repair person. Should an employee fail to qualify as a repair person
said employee will return to his or her previous position. A trainee shall
remain on the vacation schedule of his/her previous position. No employee
shall be subject to a pay decrease as a result of this language.
This qualification will be limited to one (l) per lifetime of this Agreement.
Qualification is to be determined by the Company.
Section 12. All language in Article 39 is based on an employee being qualified to perform
the work.
ARTICLE 40. AIR OPERATION Preamble In order for the Employer, the Union and the employees to further benefit
from the expanding air operations, the following Sections shall supersede
language on the same subjects in the Supplements, Riders and Addenda,
unless specifically stated otherwise in this Article.
Section 1. Air Drivers (a) Air driver work shall consist of delivery and pickup of air packages which,
because of time and customer commitments, cannot be reasonably performed
by regular package drivers. Such work may include:
(1) Delivery of air packages which the regular delivery drivers cannot deliver
within guaranteed time commitments.
(2) Delivery of air packages arriving at the facility after regular drivers have
been dispatched.
(3) Delivery and pickup of air packages on weekends and holidays.
(4) On call air pickups.
(5) Pickup at air counters and drop boxes.
(6) Additional late air pickups.
(7) Air drivers may, on an exception basis, be used to make service on
packages which are not air packages.
An exception 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 continue to pick up Automatic Return Service packages but the features
of this service will not be expanded.
Any violation of Section 1(a)(7), shall obligate the Employer to pay the Air
Driver involved the difference between 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.
(8) Delivery of early AM Packages.
(9) Movement of air packages to 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 position 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
air shuttle work may be combined with other air work to create one (1) or more
full-time air or full-time combination job(s) paid in accordance with Section 6 below.
In no event shall such shuttle work be assigned to a part-time air driver.
Shuttle work currently being performed by part-time air drivers shall be
converted to full-time air driver work when the driver vacates the job except
when there is not enough work available to create a full-time job.
(b) The work day for Air Drivers shall be as follows:
(1) Eight (8) hours scheduled work in the air driver’s classification, or a
combination of eight (8) hours scheduled work in the air driver’s
classification and other bargaining unit classifications, except air walker.
These employees shall receive all appropriate full-time benefits.
(2) Less than eight (8) hours scheduled work in the air driver classification or
a combination of less than eight (8) hours scheduled work in the air driver
classification and other bargaining unit classifications, except air walker. The
Employer will notify the Union within thirty (30) calendar days in writing
when a less than eight (8) hour position is created, and the Union will have
thirty (30) calendar days to grieve the implementation if they believe such
position is improper. This grievance shall go directly to the National Air
Committee. These less than eight (8) hour employees shall receive
appropriate part-time benefits. No less than eight (8) hour combination job
will be rescheduled to create two (2) part-time jobs.
(3) Combinations which require more than a two (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
The workweek for full-time air drivers currently working a Monday
through Friday workweek shall continue on that schedule. The workweek
for additional full-time air drivers shall be any five (5) consecutive days in
seven (7), and for all part-time air drivers shall be any five (5) in seven (7)
days.
(d) Air Driver Guarantee and Overtime
(1) Full-time air drivers shall have the same daily and weekly guarantees as
provided for regular drivers in the applicable Supplement, Rider or
Addendum. They shall receive overtime pay for hours worked in excess of
eight (8) hours in a twenty-four (24) hour period or in excess of forty (40)
hours per week.
(2) Less than eight (8) hour air drivers (part-time air drivers) who have a
regular scheduled start time shall have a three (3) hour daily guarantee.
They shall receive overtime pay for hours worked in excess of eight (8) hours
in a twenty-four (24) hour period or in excess of forty (40) hours per week.
(3) Any less than eight (8) hour combination air driver (part-time combination
air drivers) who works their three (3) hour guarantee shall be guaranteed
four (4) hours. They shall be paid overtime for work in excess of eight (8)
hours in a twenty-four (24) hour period or in excess of forty (40) hours per
week.
(4) The provisions above do not apply to an air exception driver who performs
extra work under Sections 1(h), (j) or (k) below.
(5) Employees in paragraphs (2) and (3) above shall be entitled to all other
provisions in their Supplement, Rider or Addendum (such as rest periods,
shift differential, bidding to full-time jobs and layoff provisions, etc.).
(e) Start Times
All full-time and part-time air drivers, who have a scheduled assignment,
shall have start times posted the previous week. Start times may be adjusted
with notification prior to the employees reporting to work.
(f) Break Periods
(1) Full-time air drivers shall receive the same provisions for lunch and/or
breaks as regular drivers receive in their Local Supplement, Rider or
Addendum.
(2) This provision is not intended to give less than eight (8) hour air drivers
or less than eight (8) hour combination air drivers more than one (1) break
unless specifically stated otherwise in the Local Supplement, Rider or
Addendum. However any less than eight (8) hour air driver (part-time air
driver) or less than eight (8) hour combination air driver (part-time
combination air driver) who is dispatched with eight (8) or more hours will
be provided the same break or lunch period as that provided to full-time
drivers under the applicable Supplement, Rider or Addendum.
(g) Bidding Procedure
Air driver jobs shall be subject to the appropriate bidding procedures in the
applicable Supplement, Rider or Addendum.
(h) Exception Air Drivers
(1) The Employer and the Union recognize that there may be air packages
that cannot be 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 exception qualified list or who have expressed in writing their
desire to be on the list and who have been certified to deliver these exception
air packages.
(2) Employees certified on the exception Air Driver list who have not worked
over forty (40) hours in the current workweek shall be offered this work by
seniority.
(3) Exception air drivers shall have no guarantee and will be paid only for
the time worked making air deliveries. In the event a part-time employee
works over eight (8) hours in any one (1) twenty-four (24) hour period, he or
she shall be compensated at the rate of time and one-half (1-1/2) for all hours
worked over eight (8) hours at the rate of pay specified in Section 6 below.
(4) No exception air driver shall be required by the Employer to wait at a
center for packages off the clock.
(i) Personal Vehicles
Air exception drivers will use the Employer’s vehicles whenever possible. Air
Exception drivers who would happen to use their personal automobiles shall
be reimbursed at the IRS limit applicable per mile for all miles driven to
perform the air driving work in addition to their air driver wages. When an
employee uses his/her own vehicle in the service of the Employer and is
involved in an accident, the Employer shall be responsible for the damages to
both the employee’s vehicle and to the other person’s vehicle and/or
property, and will provide liability insurance coverage.
(j) Holiday Work
When it is necessary to provide air service on holidays, the following
procedure shall be used:
(1) The Employer shall offer this work in seniority order to full-time air
drivers who have worked at least one (1) day that week before offering it to
part-time air drivers.
(2) When the scheduling needs cannot be met using the above provision, the
Employer shall have the right to force part-time air drivers and then full-time
air drivers to work starting in reverse order of seniority. If after
exhausting the above steps scheduling needs are still not met, the Employer
shall offer the work in seniority order within the package driver
classification. If more drivers are still needed the reverse seniority order
concept will be used for package drivers. Package car drivers who work on a
holiday may make a written request for an eight (8) hour guarantee. Such
written request shall be made the last work day prior to the holiday. All time
worked by these drivers on a holiday will be paid at the Supplemental holiday rate.
(3) The scheduling of the support work will be reviewed with the Local Union
prior to the holiday. If the Local Union believes that the Employer has
scheduled an excessive number of support employees, it shall have the right
to appeal directly to the National Air Committee. The National Air
Committee will review the schedule and determine whether the Employer
has scheduled an excessive number of support employees. If it is determined
by the National Air Committee that the Employer worked excessive support
employees, the excessive employees worked shall be paid double-time for
hours worked in addition to their holiday pay.
(4) Air drivers and support employees scheduled on a holiday to ensure air
service to the customer, including time performing incidental work, shall
receive straight-time for all hours worked up to eight (8) hours in addition to
the holiday pay. Overtime provisions shall apply if the employee works over
eight (8) hours.
(k) Saturday or Sunday Air Work
(1) To perform Saturday or Sunday air work the Employer and the Union
recognize the need for air drivers other than those regularly scheduled.
Qualified part-time employees who are interested in performing this work
will so notify the Employer, be certified and be placed in seniority order on a
posted qualified air driver list. Such work will be first offered in seniority
order to employees on the qualified list who have not worked more than
thirty-seven (37) hours in the current week. This work shall then be offered
in seniority order to qualified part-time employees regardless of hours
worked. If the scheduling needs still cannot be met, and additional employees
are needed, the Employer may force qualified part-time employees in reverse
seniority order.
(2) These employees shall be paid at the air driver’s straight-time rate of pay
in accordance with Section 6 below. Time and one- half (1-1/2) will be paid
after eight (8) hours per day or after forty (40) hours per week.
(3) All employees working as an air driver on Saturday or Sunday under this
Section shall have a three (3) hour guarantee.
(i) References in this Article to an air driver, part-time or full-time, include
employees who, on a scheduled basis, perform (1) only air driving work, or
(2) air driving work in combination with other bargaining unit work.
Section 2. Air Walkers (a) Air Walkers may deliver and/or pickup air packages and shall not drive
any vehicle which requires a driver’s license in the performance of their
duties.
(b) Air Walkers will not be used to pickup or deliver ground packages.
(c) Air Walkers shall start and end the day in the area they work.
(d) Air Walkers shall be guaranteed three (3) hours per day and shall be
given a ten (10) minute paid break.
(e) Air Walkers shall be paid in accordance with Section 6 below.
(f) Air Walkers shall receive all part-time benefits and conditions of
employment as outlined in the appropriate Supplement, Rider or Addendum
including the right to bid into full-time jobs. An air walker position shall be
open for bid to current employees prior to filling that position from the
outside.
(g) The intent of this Section is not to eliminate present full-time air jobs
and/or combination jobs.
Section 3. Air Hub and Gateway Operations Employees presently working in or hired into existing air hubs and/or
gateways shall continue to work under the present agreements covering the
air hub and gateway operations. If no agreement exists, Article 40, Section 3
shall apply. However, if Section 3 is silent, the appropriate Supplement,
Rider or Addendum will apply.
(a) Workweek
(1) The workweek for air hub and gateway employees shall consist of any five
(5) days in a seven (7) day period.
(2) Air hub and gateway employees hired prior to August 1, 1987 shall have
the right to maintain the workweek in existence at that time, if such
workweek exists.
(b) Daily Guarantees
The three (3) hour daily guarantees shall apply whenever possible. Further,
the parties agree that in those areas that do not currently have a daily
guarantee, the following procedure shall apply: If eighty percent (80%) of
the employees reporting to a shift work three (3) or more hours for thirty
(30) working days within a forty-five (45) day period, except for peak season,
such shift shall be entitled to a three (3) hour guarantee. The Employer may
also provide a higher daily guarantee to the extent it does not conflict with
the overtime rules in the applicable Supplement, Rider or Addendum.
Grievances concerning this issue shall be brought directly to the National Air
Committee.
(c) Holidays
(1) When it is necessary to operate an air hub and gateway operation on a
holiday, those employees worked will be paid overtime in addition to holiday
pay if it is not a scheduled workday for those employees.
(2) For those employees not qualified for overtime, as stated above, the
holiday will be a normal work day.
(3) The holiday shall be defined as the day the holiday is nationally observed.
(4) Start times on these days may differ from normal workday start times.
(d) Rest Periods - Air operation employees who are covered by a daily
guarantee shall receive the same rest period provisions as outlined in the
appropriate Supplement, Rider or Addendum.
(e) Newly Expanded Hubs and Gateways
If an air operation is expanded or
altered and is no longer able to effectively operate, the Employer and the
Union shall meet to work out any needed modifications, which would be
subject to approval of the National Air Committee.
(f) Seniority
(1) Air hub and gateway employees shall work off one (1) seniority list within
each operation, unless otherwise mutually agreed. Part-time employees
covered under this Section shall be given the same opportunities for full-time
positions as described in the appropriate Supplement, Rider or Addendum.
Where those Agreements are silent or are not clear, the Employer and the
Local Union shall meet and agree upon a method of affording the
opportunity for full-time employment.
(2) In air hub and gateways that currently have no procedure to recognize
part-time seniority, part-time employees with one (1) or more years of
seniority will be allowed in seniority order to fill permanent vacancies on a
different shift and/or fill permanent vacancies between the airport sort
facility and the ramp in all months except November and December. The
employee will be allowed to exercise this procedure once a year.
(g) Start Times
Start times may be adjusted with notification, prior to the employees
reporting for work, to coincide with the arrival and departure of parcels.
(h) Rain Gear
The Employer shall provide all outside ramp employees rain gear, to include,
pants and tops. De-ice crews shall be provided with insulated coveralls,
insulated gloves, boots and rain gear that is large enough to fit over the
insulated coveralls.
(i) Air Gateway
In addition to the Union’s right to organize employees at the Company’s air
gateways in accordance with applicable law, work performed at air gateways
shall be performed by United Parcel Service bargaining unit members in
accordance with the following procedure:
The Union Chairperson of the National Air Committee shall serve the
Company Chairperson of the National Air Committee with written notice of
the Union’s position that work at a particular gateway is appropriate for
conversion to work performed by United Parcel Service bargaining unit
members. Upon receipt of the notice, the Union and Company Chairpersons
of the National Air Committee shall meet to review the details of the specified
gateway operation, including if necessary an inspection of the air gateway.
For work at an air gateway/ramp operation (including any sort work
performed on the ramp) to be performed by United Parcel Service
bargaining unit members, all of the following criteria must be met:
(1) The air gateway operation must have an established five (5) day
workweek with a minimum of three (3) hours of continuous work on all shifts
(excluding rest periods provided in the appropriate Supplement, Rider or
Addenda) for all employees;
(2) There is a minimum of forty (40) potential bargaining unit members on
the ramp;
(3) The Company currently owns, rents or leases the appropriate ramp
equipment. Disputes over the economic impact of the Company’s ability to
purchase, rent or lease the necessary ramp equipment will be resolved by the
Union and Company National Air Committee Chairpersons; and
(4) The Company is not prohibited from obtaining legal permission to
operate on the airport ramp by the operating authority of that particular
airport.
Once the Union Chairperson of the National Air Committee has served the
Company Chairperson of the National Air Committee with written notice of
the Union’s position that a particular air gateway is appropriate for
conversion in accordance with the criteria set forth in (1) through (4) above,
the Company agrees that subsequent alteration or changes in the four (4)
criteria listed above, which are made by the Company, shall not be used as a
subterfuge to avoid conversion.
The conversion period shall be no longer than one hundred twenty (120) days
from the date the Union and Company Chairpersons verify that the above
stated criteria have been satisfied.
The completed conversion of an air gateway to work being performed by
United Parcel Service bargaining unit members under the provisions of this
Section shall not be affected by subsequent alteration or changes in the
criteria set forth in (1) through (4) above at any such converted air gateway.
Air gateway location(s) which utilize a Teamster represented vendor
contracted by United Parcel Service are not subject to this Section.
Section 4. Start Times for Air Shuttle and Air Feed Drivers Because of the nature of the air business, regular air shuttle and air feed
drivers may have flexible start times on Monday, Friday, Saturday, Sunday
and/or holidays to coincide with the needs of the Employer’s air operations.
Section 5. Grievance Procedure (a) A Joint National Air Committee shall be appointed for the purpose of
continually reviewing the progress of the air expansion and the unforeseen
problems that may arise. This Committee shall have the authority to amend,
alter, add to and delete provisions of this Article as it deems necessary to
further the best interests of the employees and the Employer’s air operation.
(b) All grievances, controversies and/or disputes concerning the Air
Operation shall be subject to the regular grievance procedure. Any decision
rendered by a local, state or area panel which interprets Article 40 shall not
be precedent setting in any other case.
(c) Any dispute concerning the interpretation or applicability of this Article,
including cases which have deadlocked at the lower level, shall be submitted
to the Joint National Air Committee for resolution. Such resolution will
include the right to submit the matter to arbitration in accordance with
Article 8 Procedures. Decisions made in accordance with this section shall be
final and binding on all parties.
Section 6. Wages All hourly wages for employees covered under Article 40 will be determined
only in accordance with this Section and Article 41 where specified.
(a.) Part-time air drivers, including exception air drivers, will be paid as
follows:
Start $11.50
Seniority $12.50
Seniority plus twelve (12) months $13.00
Seniority plus eighteen (18) months $13.50
Seniority plus twenty-four (24) months Top Rate
(1) The twenty-four (24) month (top) rate will change August 1st of each year
of the Agreement as follows:
August 1, 2002 $16.25
August 1, 2003 $17.00
August 1, 2004 $17.80
August 1, 2005 $18.60
August 1, 2006 $19.50
August 1, 2007 $20.50
(2) All part-time bid air drivers in progression on August 1, 2002 will be
slotted into the new progression in paragraph (a.) above. Seniority part-time
employees entering a part-time air driver job after August 1, 2002 will begin
at the seniority rate.
Part-time employees who are awarded a scheduled part-time air driver job
shall receive progression credit in accordance with the following: for each
four (4) days on which exception air work was performed in the two (2)
years immediately prior to the bid award, one (1) month of progression
credit shall be granted. In addition, if a bid part-time air driver is displaced,
he/she will retain his/her progression credit under paragraph (a.) for any air
exception work.
(b.) Full-time air drivers will be paid as follows:
Start $13.50
Seniority $14.50
Seniority plus twelve (12) months $15.00
Seniority plus eighteen (18) months $15.50
Seniority plus twenty-four (24) months Top Rate
(1) The 24 month (top) rate will change August 1st of each year of the
Agreement as follows:
August 1, 2002 $18.25
August 1, 2003 $19.00
August 1, 2004 $19.80
August 1, 2005 $20.60
August 1, 2006 $21.50
August 1, 2007 $22.50
(2) All full-time air drivers in progression on August 1, 2002 will be slotted
into the full-time progression in paragraph (b.) above. Seniority full-time
employees entering a full-time air driver job will be slotted based on their
company seniority.
(c.) All new hire full-time or part-time air drivers will be placed in the
applicable progression in paragraphs (a.) or (b.) above.
(d.) All current full-time or part-time air drivers who are out of progression
shall receive the general wage increases provided for in Article 41 on each
contract anniversary date, or the Top Rate provided in paragraphs (a.) or (b.)
above, whichever is greater.
(e.) Employees in existing or newly created less-than-eight hour combination
jobs shall be paid the part-time air rate in accordance with paragraph (a.)
above for air driver work and their normal part-time wages for the hours
worked in other classifications in accordance with Article 22.
(f.) Employees who are in existing full-time combination jobs or who
hereafter enter a full-time combination job shall be paid the appropriate full-time
air rate for air driver work and the appropriate inside part-time rate
for the hours worked in other classifications. If an employee has no
established inside rate, that employee will be paid the appropriate part-time
rate in accordance with his/her Company seniority.
(g.) Employees on the exception air driver list shall continue to be slotted
into the part-time air driver progression in paragraph (a.) above based upon the
length of time the employee has been performing air exception work. Seniority
employees who begin performing air exception work will start at the
seniority rate. New part-time employees signing up to perform air exception
work will receive the start rate in paragraph (a.) above until they gain
seniority.
(h.) Part-time air hub and gateway employees and air walkers shall be paid
at the all other rate of pay as shown in Article 22. However, if a part-time
employee is awarded an air walker job he/she shall continue to receive
his/her inside rate in accordance with Article 22. Full-time air hub and
gateway jobs shall be paid in accordance with Article 41, Section 3 unless
there is an existing agreement under Article 40 with Section 3 expressly
providing a pay rate for such a classification.
(i.) Air operation employees who are covered by a daily guarantee shall
receive the same rest period provisions as outlined in the appropriate
Supplement, Rider or Addendum.
ARTICLE 41. FULL-TIME EMPLOYEES Section 1. Full-Time Wage Increases All full-time employees who have attained seniority as of August 1, 2002 will
receive the following general wage increases:
August 1, 2002 Seventy-five cents per hour ($0.75)
August 1, 2003 Seventy-five cents per hour ($0.75)
August 1, 2004 Eighty cents per hour ($0.80)
August 1, 2005 Eighty cents per hour ($0.80)
August 1, 2006 Ninety cents per hour ($0.90)
August 1, 2007 One dollar per hour ($1.00)
Full-time employees still in progression on the effective date of this Master
Agreement shall receive the above contractual increases. They will be paid no
less than what they are entitled to in accordance with Article 41, Section 2
below.
Section 2. Full-Time New Hire Wage Progression (a.) All Supplements, Riders or Addenda will contain the following wage
progression schedule to cover all full-time employees, except apprentices,
who are in the progression as of August 1, 2002 or who enter a full-time job
after August 1, 2002 other than package, feeder, air, or one covered by
Section 3 below.
The rate in effect on July 31, 2002 will be used to calculate the progression
rates for the life of this Agreement.
Rate in Effect
on July 31, 2002
Start 70%
Seniority 75%
Seniority date plus one (1) year 80%
Seniority date plus eighteen (18) months 90%
Seniority date plus two (2) years Top Rate
Part-time employees on the payroll as of July 31, 2002 who subsequently are
promoted to full-time employment, under this progression, will be red circled
until such time as the calculated progression rate exceeds that rate. The
transfer date will become his/her full-time start date for purposes of applying the
above progression.
When a part-time employee bids to a full-time classification under this
progression where the top rate of the full-time classification is less than his/her
current rate, the employee shall be placed at the top rate of the new classification
immediately.
(b.) No employee shall be required to complete a full-time progression more
than one (1) time even if he or she transfers between full-time jobs except as set
forth in this paragraph. The sole exception is when an employee is awarded a
package car or feeder driver job and has not previously held a full-time job
which includes driving duties. In such event, the employee will have a break-in
rate equal to the employee’s current wage rate until six (6) months from
the date the employee entered the job. The employee will then go to the
prevailing top rate. A part-time air driver who has completed the Article 40
progression, bids a full-time inside job and then a driver job within two (2)
years shall have the same break-in period.
(c.) The progression for employees entering a package car driving or feeder
position after August 1, 2002 shall be as follows:
Start $14.70
Seniority $15.75
Twelve (12) months $16.80
Twenty-four (24) months $18.90
Thirty (30) months (current top rate)
Part-time employees on the payroll as of July 31, 2002 who subsequently are
promoted to full-time employment as a package or feeder driver will be red
circled until such time as the calculated progression rate exceeds that rate.
The transfer date will become his/her full-time start date for purposes of
applying the above progression.
If a part-time employee bids to a feeder or a package car driver position and
the top rate of the classification is less that his/her current rate, the employee
shall be placed at the top rate of the new classification immediately.
This Subsection shall supercede any provision to the contrary in any
Supplement, Rider or Addendum.
Section 3. Full-Time Inside Wages The pay rates for full-time inside only jobs created under Article 22, Section
3 under the prior or current Agreement shall be as follows:
August 1, 2002 $18.25
August 1, 2003 $19.00
August 1, 2004 $19.80
August 1, 2005 $20.60
August 1, 2006 $21.50
August 1, 2007 $22.50
These rates shall not apply to any full-time inside jobs guaranteed by Article
22, Section 2 created prior to August 1, 1997.
Part-time employees whose rates are higher than those set forth above who
bid into a full-time inside job covered by this Section shall be paid their
current inside wage rate plus the general wage increases.
Other part-time employees who bid into a full-time inside job covered by
this Section will be red circled at their current wage rate until such time as
the calculated progression rate set forth below exceeds that rate. The transfer
date will become his/her full-time start date for purposes of applying the
progression set forth below:
Start $13.50
Seniority $14.50
Seniority plus one (1) year $15.00
Seniority plus eighteen (18) months $15.50
Seniority plus twenty-four (24) months Top Rate
The twenty-four (24) month (top) rate will change August 1st of each year of
the Agreement as follows:
August 1, 2002 $18.25
August 1, 2003 $19.00
August 1, 2004 $19.80
August 1, 2005 $20.60
August 1, 2006 $21.50
August 1, 2007 $22.50
Employees who are currently in the above progression as of August 1, 2002
shall be slotted into the above progression or continue at their red circled
rate until the new progression exceeds that rate.
Full-time employees who bid into a full-time inside job covered by this
Section will be paid in accordance with their full-time seniority date. Full-time
employees with two (2) or more years of seniority who bid into a full-time
inside job will be paid the top current rate of the classification.
ARTICLE 42. UNIFORMS Effective May 1, 1994, short uniform trousers will be provided as an option
for package and feeder drivers at no cost to the employee. Such shorts may
only be worn in compliance with uniform and appearance standards
established by the Employer.
ARTICLE 43. PREMIUM SERVICES Section 1. Job Protection From time to time, the Employer must offer special new premium services to
its customers in order to protect existing jobs and further the mutual goal of
increasing the number of bargaining unit jobs. The Employer shall utilize
bargaining unit employees to perform the feeder movement work of such
new premium services, which work shall be considered to be bargaining unit
work. The provisions of this Article shall also apply to all packages moved by
airplane and to the Employer’s “city pairs” service, where it is necessary for
the Employer to implement the service to meet its competition. No feeder
driver will be laid off or displaced from a feeder classification as a direct
result of any provision in this Article.
In implementing such new premium services, the Employer shall utilize the
following options to complete the ground movement of the customers’
packages in the following order:
(1) If the Employer’s existing feeder network can meet the Employer’s time
and service needs, that network will be used first.
(2) When the existing feeder network will not adequately meet the
Employer’s time and service needs, the Employer agrees to establish a new
driver classification, which shall be called a premium service driver. This
driver will be typically used to move loads to and from ground and air hubs
that are more than two hundred fifty (250) miles apart. Wherever practical,
the driver will start at approximately the same start time each day and make
two (2) round trips per week to a scheduled sort location. Such work must
provide the driver a minimum four (4) day work week.
Benefits provided will be those of regular full-time feeder drivers. The driver
will be provided the opportunity to work ten (10) hours per day four (4) days
per week. Drivers will also be provided with lodging and shuttle service at
the away destination. When jobs are created that have less than ten (10)
hours of work, the premium service driver will be paid at the feeder rate of
pay and be allowed to work locally in either origin or destination city to fill
out his/her workday. In regards to the premium service drivers, since some
hubs work on Friday and some on Sunday, the Employer may move the fifth
(5th) day loads via a TOFC pursuant to Article 26.
(3) If the Employer cannot accommodate its time and service needs under (1)
and (2) above, the Employer shall have the right to propose the use of
bargaining unit sleeper teams to the Local Unions and the Joint Premium
Service Review Committee as set forth in Section 4 below. The wages and
other economic terms of employment for such sleeper teams shall be as set
forth below.
Section 2. Sleeper Team Operations The Employer may use subcontractors for new custom contracts for
reasonable start-up periods. In no event shall such start-up period exceed
thirty (30) days.
(1) Bidding and Mileage
(a) Sleeper cab runs approved pursuant to the provisions of Article 43 will be
posted and employees may bid for such runs in accordance with the bidding
procedures set forth in the applicable Supplement, Rider or Addendum. No
seniority employee shall be forced to drive in a sleeper cab run. A senior
driver who successfully bids a sleeper cab run shall be permitted to select
his/her respective sleeper cab team partner without regard to seniority,
provided that the driver selected as a partner has, prior to such bid,
acknowledged his agreement, in writing, to accept such permanent sleeper
cab run driving assignment and provided further that the selected partner
possesses the required qualifications.
(b) There shall be no two (2) person operations on runs of less than five
hundred fifty (550) outbound miles and one thousand one hundred (1,100)
miles round trip. All bids and cover drivers will receive reasonable time off
at their home center. Every team driver shall be guaranteed at least forty
(40) hours of pay per week.
(2) Driver Team
Once driver teams are established it is understood that they are not to be
separated unless mutually agreed to by the Employer, the Local Union, and
the driver team involved, except in case of emergency or reduction in force.
Only two (2) drivers shall be permitted in sleeper cab equipment at any one
(1) time except in case of emergency, an Act of God, or where a new type of
equipment is put into operation.
(3) Furnished Transportation and Lodging
Comfortable, sanitary lodging shall be furnished by the Employer in all cases
where an employee is required to take a rest period away from his home
center. Air-conditioned hotel rooms shall be furnished. Hotel rooms shall be
equipped with blinds or draperies or be suitably darkened during daylight
hours. There shall be no bunk beds or double beds and both drivers shall be
entitled to a room. All team driver lodging must be maintained on the basis
of one (1) driver per room.
Under unusual circumstances in which the Employer is unable to furnish
satisfactory lodging, the employee shall be paid fifty dollars ($50.00) for each
rest period; except where accommodation is unavailable at such figure and it
is necessary for the driver to pay in excess of fifty dollars ($50.00), he shall
receive reimbursement of the actual cost of the room.
The Employer shall furnish transportation to and from the nearest public
transportation, when there is unreasonable delay, at an away-from-home
center, provided there is no public transportation available in the near
vicinity and provided further that this provision shall not apply where the
driver is allowed to use company equipment for transportation.
All time waiting for motel/hotel furnished transportation and/or waiting for a
sleeping room to be made available will be paid at the hourly rate of pay.
(4) Safety and Health Committee
The parties will maintain a safe and healthy working environment in sleeper
operations. The parties agree to establish a committee composed of four (4)
members each to review the comfort and/or safety aspects of sleeper berths
pertaining to ride. Such committee shall meet by mutual agreement of the
Co-Chairmen as to time and place. The committee shall confer with
appropriate representatives of equipment manufacturers and/or other
experts on this subject as may be available. The intent of the committee is to
identify any problems with the comfort and/or safety aspects of sleeper
berths pertaining to ride that may exist, and through its deliberations with
the manufacturers and/or other experts, develop ways and means to correct
such situations. Any disputes will be referred to the Joint Premium Service
Review Committee.
(5) Sleeper Equipment
Newly purchased equipment will meet the following specifications:
(a) Minimum interior dimensions of the sleeper berths shall be:
(1) Length - 80 inches;
(2) Width - 36 inches; and,
(3) Height - 24 inches.
It is understood that a “manufacturing tolerance of error” of one inch (1") is
permissible, provided the original specifications were in conformity with the
above recommended dimensions.
(b) Sleeper berths shall be equipped with individual heat and airconditioning
controls and units.
(c) Bunk restraint strap/net buckles on sleeper equipment shall be mounted
on the entrance side of the sleeper berth.
(d) Sleeper equipment shall be equipped with a power window on the
passenger’s side of the cab that is operable from the driver’s side of the cab.
(6) Subsistence Allowance
Each employee shall be allowed road expense in the amount of twenty-five
dollars ($25.00) for each one thousand (1000) miles traveled.
(7) Delay Time
It is the intent of the parties to make the driver whole for all justified delay
time, such as waiting for late loads, unscheduled on property work, accident
delay or on road equipment breakdown. Any disputes will be referred to the
Joint Premium Service Review Committee.
(8) Solo Driving
There shall be no solo driving permitted in sleeper cab operations, except in
cases of emergency. In case of emergency where one (1) driver is used to
complete a sleeper cab trip, the driver so used shall receive the full mileage
rate of pay per unit mile traveled in addition to all other compensation
provided for herein. In cases of emergency solo driving of such length that a
rest period is necessary, the driver, in addition, shall be provided the cost of
lodging for such rest period.
(9) Layover Pay
In the event a driver is required to take a rest period during any one (1)
round trip away from his home center, the driver shall be compensated at his
regular hourly rate of pay for all hours after the first eight (8) hours of the
layover.
(10) Mileage Determination
Sleeper drivers shall be paid for the actual miles that they drive, on a point-to-point
basis, over the routes driven.
The basic method of measurement for mileage under this provision will be
jointly logging miles with a K-1000 electronic measuring device or calibrated
hubometer.
(11) All new hires will be paid in accordance with the progression set forth in
Article 41, Section 2 as applied to the mileage rates set forth below.
Section 3. Mileage Rates Premium Service drivers will be paid the cents per mile shown below for all
miles driven. Sleeper teams will receive a two cents (.02) per mile premium
on the appropriate mileage rate and will equally divide the appropriate rate.
Single Double Triple
August 1, 2002 54.52 cents 55.72 cents 56.91 cents
August 1, 2003 56.24 cents 57.47 cents 58.70 cents
August 1, 2004 58.07 cents 59.34 cents 60.61 cents
August 1, 2005 59.89 cents 61.21 cents 62.51 cents
August 1, 2006 61.95 cents 63.31 cents 64.66 cents
August 1, 2007 64.24 cents 65.65 cents 67.05 cents
Section 4. Joint Premium Service Review Committee The Employer and the Union agree to establish a Joint Premium Service
Review Committee consisting of four (4) Union representatives and four (4)
Employer representatives. This Committee shall meet at least quarterly or
upon the call of either the Union Chair (who shall be appointed by the Union
General President) or the Employer Chair.
In the event the Employer proposes to implement either a mileage layover
run or sleeper team run in accordance with the provisions of Section 1 above,
the run must first be reviewed and approved by the affected Local Union(s).
Such approval shall not be unreasonably denied. After approval by the Local
Union(s), the accommodation shall be submitted to the Joint Premium
Service Review Committee for review. The Employer may also submit the
accommodation to the Committee for review in the event approval is denied
by the Local Union(s). No such accommodation shall be implemented without
the approval of the Parcel & Small Package Division Director or the General
President’s designee. Approval shall not be unreasonably denied.
The Committee shall also review the Employer’s compliance with the
provisions of this Article and shall report and recommend improvements or
alterations in the implementation and operation of premium service and
sleeper team drivers.
ARTICLE 44. OVER 70 POUND SERVICE PACKAGE
HANDLING The parties agree that the health and safety of the employees are of the
utmost importance. The Employer agrees that UPS management will not
insist that any unsafe action be undertaken and the Union agrees to
encourage its members to cooperate in effectuating the handling, pick-up and
delivery of parcels without exposing themselves to safety hazards.
Section 1. On Area Package Handling No employee shall be required to handle any over 70 pound packages alone if
it is the employee’s good faith belief that such handling would be a safety
hazard to herself or himself. In such cases, the Employer shall provide
whichever of the following is requested in good faith by the employee in
handling over 70 pound packages:
1. Another bargaining unit employee for assistance, or
2. Appropriate lifting/handling devices, or
3. Another bargaining unit employee and an appropriate lifting/handling
device for handling, pick-up or delivery circumstances that require both
bargaining unit help and an appropriate lifting/handling device.
In all such instances involving package car drivers, where assistance from
another bargaining unit employee has been requested in good faith, both
employees will be full-time employees of the bargaining unit except that air
drivers or helpers, where permitted by the applicable Supplement, may be
used to assist the full-time driver in the delivery and/or pickup of such
overweight packages. On Saturdays, air drivers may be assisted by another
air driver in the delivery and/or pickup of overweight packages. A helper may
be used to assist a driver in the handling of overweight packages when a helper is
already on the package car in accordance with the terms of the Supplement,
Rider or Addendum.
No employee will be required to solicit or accept customer assistance if it is
the employee’s good faith belief that the customer is not qualified to help or
that such assistance would be a safety hazard to themselves or the customer.
All new and existing employees who handle packages shall be provided with
periodic training in the recognition and proper handling of over 70 pound
packages.
Section 2. Package Identification The Employer agrees that it will periodically instruct its customers to place
at least one (1) over 70 pound label on all such packages shipped, enter the
weight of the package on the label and notify the pick-up driver of the over
70 pound packages to be picked up. The driver shall complete and affix as
many additional over 70 pound labels and/or identifying tape as is
reasonably necessary to provide proper visual identification of the package
for safe movement through the system. The label and tape shall be of bright
contrasting colors. No package will move through the system without enough tape
clearly visible from all sides identifying the package as over seventy (70) pounds.
Section 3. Inside Package Handling Procedures For the purpose of inside handling, all over 70 pound packages shall be
considered to be irregular shipments and will not be co-mingled with under
70 pound regular packages. No over 70 pound packages will be placed onto
the belt, box line or slide systems used for under 70 pound package
operations, except as provided in the Employer’s standard irregular
handling practices and in accordance with safe packages handling
procedures.
Where over 70 pound packages are moved by belt, box line or slide system,
such packages will be handled by two (2) bargaining unit employees and/or
the use of appropriate lifting/handling devices when requested in good faith
by the employee.
No over 70 pound package shall be loaded below the flaps of a drop frame
trailer or stacked taller than waist high.
Packages over 150 pounds shall not be picked up. However, if such a package
is discovered in the UPS system, the package shall not be handled by a
bargaining unit employee unless such package can be reasonably broken
down into packages which do not exceed 70 pounds.
Section 4. The parties recognize that it may be necessary to consider new methods and
new equipment to handle over 70 pound packages. If either the Union or the
Employer believes it is necessary to implement changes in the over 70 pound
handling procedures or equipment, including any change in labeling, or if the
Employer believes it is necessary to increase the current weight limit or the
current limits on package dimensions, it may request a review of such
changes. The Employer shall negotiate and reach agreement with the Union
before any change is implemented. Neither party shall unreasonably
withhold agreement.
If the parties are unable to reach an agreement, a grievance claiming that
agreement was unreasonably withheld may be filed by either party directly
with the National Safety and Health Grievance Committee in accordance
with the provisions of Article 18, Section 20.2.
ARTICLE 45. DURATION Section 1. This Agreement shall be in full force and effect from August 1, 2002 to and
including July 31, 2008 and shall continue from year to year thereafter unless
written notice of desire to cancel or terminate the Agreement is served by
either party upon the other at least sixty (60) days prior to the date of
expiration.
Section 2. Where no such cancellation or termination notice is served and the parties
desire to continue said Agreement but also desire to negotiate changes or
revisions in this Agreement, either party may serve upon the other a notice at
least sixty (60) days prior to July 31, 2008 or July 31st of any subsequent
contract year, advising that such party desires to revise or change terms or
conditions of such Agreement.
Section 3. Revisions agreed upon or ordered shall be effective as of August 1, 2002,
unless otherwise specifically provided. The Employer or the National
Negotiating Committee shall be permitted all legal or economic recourse to
support their requests for revisions if the parties fail to agree therein.
Section 4. In the event of an inadvertent failure by either part to give notice set forth in
Sections 1 and 2 of the Article, such party may give such notice at any time
prior to the termination or automatic renewal date of this Agreement. If a
notice is given in accordance with the provisions of this Section, the
expiration date of this Agreement shall be the sixty-first (61st) day following
such notice.
IN WITNESS WHEREOF the parties hereto have set their hands and seals
this __________ day of __________, 2002, to be effective as of August 1, 2002,
except as to those areas where it has been otherwise agreed between the parties:
IN WITNESS HEREOF the undersigned do duly execute the NATIONAL
MASTER UNITED PARCEL SERVICE AGREEMENT and Supplemental
Agreements, Riders and/or Addenda.
For the Employees:
TEAMSTERS NATIONAL UNITED PARCEL SERVICE NEGOTIATING COMMITTEE
James P. Hoffa, Chair
Ken Hall, Co-Chair
Leon Cooper, Sgt-At-Arms
Anthony Magrene, Sgt-At-Arms
C. Thomas Keegel Carlow Scalf
Darel Aker Joseph Bennetta
John Bolton Jack Bookter
Ralph Brooks Danny Bruno
E. Douglas Bush Patricia A. Callahan
Randy Cammack Ron Candler
Gearge Cashman John Catlett
Jim Cianciolo Jack Cipriani
Bill Cooke Billy Cullen
Wayne Fernicola Larry Ferrigno
Pat Flynn Mike Goebel
Ken Haarala Rick Hicks
Gerald Hood Wesley Jenkins
Brad Johnson Dan Johnson
Tyson Johnson Bill Lichtenwald
Paul Lovinus Dave Lucas
Chuck Mack Andrew Marshall
Roy Marshall Richard Maxwell
Mike McGaha Patrick McGinn
Rod Mendenhall Jim Merritt
Ron Miller Tom Monthey
Frank Posato Richie Reardon
Howard Redmond Mark Rime
David Robinson Mike Simeone
Bradley Slawson John Steger
Russ Stepp Gene Striglers
Denis Taylor Steven Vairma
Charles Whobrey Ellis Wood
Ken Wood Philip Young
Gerald Zero Fred Zuckerman
For the Employer
UNITED PARCEL SERVICE NEGOTIATING COMMITTEE
James Maloney, Chairman
Chris Mahoney Tim Eckert
Ed Burbage Denise Gasti
Jack Dempsey Dan Hoyer
Ed Lenhart Mark Johnson
Joe Maloney Norbert Kane
Dawn Shanks Pete Keane
Joe Tringale Lindsay Marshall
Headley Chambers Chuck Martorana
John Fitzgerald Tom McGowan
Jerry Gordanier Sal Messina
Brian McCabe Ben Miloro
Marc Nadeau Rich Peretz
Jerry Nerone Mike Rosentrater
Ed Padovan Jack Royle
Harvey Quinn Tom Schultz
Sharon Ring Ken Scott
Dick Turner Dan Smith
Tony Coleman Ed Lynch
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