17

Pinball

New Member
I HAVE A (TO ME) VERY IMPORTANT QUESTION, I'M OUT OF LOCAL 667 AND IVE ACTIALLY DEALT WITH THIS SEVERAL YEARS AGO AND WENT ABOVE THE STEWARD TO THE BA AND GOT IT FIXED, NOW IM LEARNING THAT AGAIN I FEEL ARE STEWARDS ARE BEING MIS INFORMED, OR I COULD BE WRONG!!! MY ISSUE IS WITH PENALTY PAY ON A GRIEVANCE CHECK, EXAMPLE,,, I WON A GRIEVANCE AND WAS SETTLED ON 9/1. AFTER 10 DAYS NO CHECK SO I FILE FOR PENALTY PAY, 5 days later (next pay period) still no check! So i try to FILE for additional penalty pay, I AM NOW BEING TOLD WE CAN ONLY FILE ONCE ON PENALTY FOR NON COMPLIANCE ON PAYING A SETTLED GRIEVANCE, THEY ARE GETTING THIS BY INTERPRETING "COMPANY SHALL PAY A MAXIMUM OF ONE PENALTY FOR ANY MULTI-GRIEVANT GRIEVANCE "
SO IN A NUTSHELL MY QUESTION,,,
AM I NOT ENTITLED TO MORE THAN ONE PENALTY PAY UNTIL MY GRIEVANCE IS PAID????? IF YOU CAN. PLEASE give me any info supporting your answer, I personally feel I'm right because I have received more than one 4hr check before under a former union administration , problem is our STEWARDS will not accept more than one penalty pay grievance for a late grievance payment now!!!!! IF IM WRONG FINE ILL SHUT UP BUT I NEED TO KNOW FOR ME AND EVERY EMPLOYEE IN OUR LOCAL IF I AM CORRECT! Please help!!!!
 

BigUnionGuy

Got the T-Shirt
I HAVE A (TO ME) VERY IMPORTANT QUESTION, I'M OUT OF LOCAL 667 AND IVE ACTIALLY DEALT WITH THIS SEVERAL YEARS AGO AND WENT ABOVE THE STEWARD TO THE BA AND GOT IT FIXED, NOW IM LEARNING THAT AGAIN I FEEL ARE STEWARDS ARE BEING MIS INFORMED, OR I COULD BE WRONG!!! MY ISSUE IS WITH PENALTY PAY ON A GRIEVANCE CHECK, EXAMPLE,,, I WON A GRIEVANCE AND WAS SETTLED ON 9/1. AFTER 10 DAYS NO CHECK SO I FILE FOR PENALTY PAY, 5 days later (next pay period) still no check! So i try to FILE for additional penalty pay, I AM NOW BEING TOLD WE CAN ONLY FILE ONCE ON PENALTY FOR NON COMPLIANCE ON PAYING A SETTLED GRIEVANCE, THEY ARE GETTING THIS BY INTERPRETING "COMPANY SHALL PAY A MAXIMUM OF ONE PENALTY FOR ANY MULTI-GRIEVANT GRIEVANCE "
SO IN A NUTSHELL MY QUESTION,,,
AM I NOT ENTITLED TO MORE THAN ONE PENALTY PAY UNTIL MY GRIEVANCE IS PAID????? IF YOU CAN. PLEASE give me any info supporting your answer, I personally feel I'm right because I have received more than one 4hr check before under a former union administration , problem is our STEWARDS will not accept more than one penalty pay grievance for a late grievance payment now!!!!! IF IM WRONG FINE ILL SHUT UP BUT I NEED TO KNOW FOR ME AND EVERY EMPLOYEE IN OUR LOCAL IF I AM CORRECT! Please help!!!!


They are wrong.


Article 7 pg20

"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."


Article 17 pg 47

"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."


"Any grievance settlement not paid within ten (10) working days of the settlement shall entitle the grievant(s) to a penalty payment as outlined above. The ten (10) working day period shall begin to run when the Labor Department representative agrees to the settlement, or is notified by the Union or management team of the settlement. The Employer shall pay a maximum of one penalty payment for a multi-grievant grievance, which shall be subject to the additional penalties set forth above for untimely payment, until corrected."



-Bug-
 

Mugarolla

Light 'em up!
I AM NOW BEING TOLD WE CAN ONLY FILE ONCE ON PENALTY FOR NON COMPLIANCE ON PAYING A SETTLED GRIEVANCE

Incorrect.

THEY ARE GETTING THIS BY INTERPRETING "COMPANY SHALL PAY A MAXIMUM OF ONE PENALTY FOR ANY MULTI-GRIEVANT GRIEVANCE

They try this all the time. This clause is only for a multi-grievant grievance, meaning that they only have to pay penalty pay to one grievant, if there is more than one person associated with the grievance.

Grievances are filed all the time listing multi-employees as grievants. They are only liable for one penalty payment, but are still liable for paying that one payment on a weekly basis if the payment was not made in a timely manner.

AM I NOT ENTITLED TO MORE THAN ONE PENALTY PAY UNTIL MY GRIEVANCE IS PAID

Incorrect.

IF YOU CAN. PLEASE give me any info supporting your answer,

See the previous post by @BigUnionGuy and read the last paragraph. See the bold test.

problem is our STEWARDS will not accept more than one penalty pay grievance for a late grievance payment now

Your Steward has no right to refuse to process a grievance. That right is only afforded to your BA and your local. I would contact your BA or PO if you have to.

If they won't accept your grievance, there are other avenues, but they could get ugly.

But, you don't need your Steward nor do you need to file every week that you did not receive your payment.

On that first penalty pay grievance for a late payment that you said your Steward will take, you just need to put in a line somewhere in that grievance to the effect of "per Article 17 of the NMUPSA, I am requesting penalty pay, on an ongoing basis every week, until the original error is corrected.

Checkmate.
 

Pinball

New Member
THANK y'all!!! I already knew thus but I need a little back up cus I know it's gonna be an issue with chief, also, sorry bout the all caps!!! I'm new here! We have to yell in Memphis to be heard! Lmbo
 
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