T
Turdferguson
Guest
Your pay rate would be top unskilled pay rate. Regardless of what your inside rate of pay is you would as a 22.2 get the top rate of pay for an unskilled inside employee
upschuck
Well-Known Member
Anytime
T
Turdferguson
Guest
I don't believe you will get driver rate.
I will give you what I was going to use as my argument in my hearing to establish my rate of pay it is kind of long.
I. Pay rate for this position should only be based on Full-time experience and not part-time experience. There is very little correlation between article 22.2 positions and part-time employment.
A.article 22.3 position pay rates are based on part-time experience. There might be some logic to that decision because those positions are former part-time positions that were merged into a single full-time position,under the terms of the agreement.
B.article 22.2 positions are NOT,and have never been, part-time positions.
II. There is nothing in the agreement that would allow UPS to use the fiction that full-time experience should be considered part-time experience for determining pay rate.
A.Employees should be allowed to rely on the contract when it comes to rate of pay. In many ways rate of pay is at the heart of why we have collective bargained agreements in the first place.
B.There is nothing in the agreement which states that full-time employees that transfer to 22.2 positions will be treated as if they have only been part-time employees throughout their tenure at UPS .
C.It is hard to imagine that this type of fiction reasonable. If UPS wanted to apply this type of fiction it would be in the agreement somewhere. It is not.
III.The agreement is intended to allow all full-time employees to be able to earn the same top rate of pay for their position.
A.Even with 22.3 positions, in theory, all employees can reach the same rate of pay. If a part-time employees comes into the position at a higher rate of pay than the top rate, that employee is red circled until the other similar situated employees catch up to that employee pay( article 41 section 3 paragraph 3)
B The above provision is in place so that all employees covered under the provision can at some point make the same wage. This is necessary because when taking into account part-time wages,employees will enter into a 22.3 position at different rates of pay. All employees can,in theory be made equal eventually.
C. That is not the case as I am currently being treated with my 22.2 position. It is important to note that there is NO red circled provision in article 41(C). Why is there no red circle provision?
1Because part-time wages should not be taken into consideration
D. As things are currently being enforced I will never be able to reach true top rate of pay for my position. I cannot reach back and add part-time experience while working my current full-time position. Someone with more part-time experience will always earn more than me.
E.Thus the top rate of pay would forever remain variable, which is contrary to a collective bargained agreement.
friend. UPS is trying to establish a VARIABLE RATE OF TOP RATE PAY for this position, which is contrary to the agreement.
IV.
Even if they treat me as if I have been only part-time employee since I started at UPS, I am still entitled to the very top rate of pay:
A. If in fact I am supposed to be treated like a part-time employee for my tenure at UPS, under article 41 sec2(C) I am entitled to the very top rate of pay when I started my current position.
B. Article 41 sec2 (C) states " if a part-time employee bids into a full-time position and the top rate of the classification is less than his/her current pay rate , the employee shall be placed at the top rate of the new classification immediately "
C. In my situation I am being told that my part-time rate of pay is (xx.xx) and the top rate for this position in my classification is $32.80, according to article 41sec2(C) I should have received the top rate of 32.10 immediately.
D.Although I am not a part-time employee, I am being treated like a part-time employee. Therefore, this provision should apply to me.
E. UPS cannot say that article 41.2(C) does not apply to me because I am a full-time employee. UPS cannot treat me as a part-time employee in manners that hurt me and not be treated as a part-time employee when it helps me. You not use provisions as both a sword and a shield.
V.
UPS has not acted in good faith by continuing to pay me at my current rate of pay thus should be subject to penalty pay.
Use what you think may help you in your arguments. Hope that can help you.
PS. No @IVE GOTTA PACKAGE 4U its not TLDR
I just skipped the whole thing.
T
Turdferguson
Guest
Your loss chump
The author is a pile of crap.
T
Turdferguson
Guest
Why not?
T
Turdferguson
Guest
Because
upschuck
Well-Known Member
It says top rate, not top driver rate, I believe
T
Turdferguson
Guest
As much as I hate to say @upschuck is right. It is top rate. In my case it is like a dollar something less than what drivers make
upschuck
Well-Known Member
Isn't that the 2nd time you said that this week?
T
Turdferguson
Guest
upschuck
Well-Known Member
No takes backsies.
T
Turdferguson
Guest
No need never happened
