8 hr request

gamer282

Go Packers!
I requested a 8 hr day properly for 1-7-08 and was not denied. My Daughter had a school activity. I told my superviser in the morning I may need help. By 3:30 I sent a message of the work I needed to loose and who could help. Many messages were exchanged. The two drivers that I suggested could help were both in when I came in. The Manager instructed me to go back out and deliver the 8 stops I brought back. I told him I had to pick up my daughter. After a series of questions and getting a shop steward he went from warning letter to discharge in 5 minutes. I have now lost 4 days of work.
Today I got word I will be back to work on Monday but the discipline given will be a 4 day suspension. My grievance will be heard to recover the 4 days pay.
Does anyone have the new language or what the article (policy) really means.
Any input in this situation is welcomed.
 

Jones

fILE A GRIEVE!
Staff member
An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub-section. If a request is denied on the above referenced form, the employee shall receive a two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based on the criteria set forth in this sub-section. This two (2) hour payment shall also apply if the Employer approves the request and later informs the employee he/she cannot be relieved of overtime, provided the request continues to meet the criteria set forth in this sub-section. In addition, if an employee’s request is granted but the Employer fails to adjust the driver’s dispatch so as to provide an amount of work that can reasonably be completed within eight (8) hours which then causes the driver to work in excess of eight and one-half (8.5) hours to complete his/her route, the driver shall be entitled to a two (2) hour penalty payment at his/her straight time rate. No penalty shall be due if the employee exceeds the eight and one-half (8.5) hour threshold as a result of events beyond the Employer’s control.
I bolded the relevant language. Bottom line, you can't refuse to work as long as you are on the clock. It sounds like your center team is a bunch of morons though.
 

over9five

Moderator
Staff member
Classic case of the management team blaming others for their own shortcomings. I would start at the DM level, tell him your story. Emphasize the fact that your young daughter had no other way home, and you couldn't just abandon her. (Would the DM have abandoned his daughter???)

Time for your damn management team to do their job!
 

Johney

Well-Known Member
Have any other drivers brought work back when not able to make their 8 hr request? Were they fired also?
 

Brown Dog

Brown since 81
That is a problem with the new contract-8 hr req. Now, even after being approved for the req, you can be forced to work over8, heck, you can be forced to work over 9.5 for 3 days a week. the only penalty for the company is monetary. So twice a month you can be approved for a 8hr req, not given any, but paid 4 hours of straight time. Ain't that just great!:dissapointed:
 
J

JonFrum

Guest
http://www.teamster.org/divisions/parcel/2008UPSagreementandsupplements.htm

See Article 37:
http://www.teamster.org/divisions/parcel/pdfs/NewUPSMasterAgreement_071012.pdf


The Contract is filled with deceptive language that seems to give us rights, but, when read closely, contains language that limits those rights a lot more than most people realize. Like these two gems:

Article 37, Section 1(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.[/-]An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested.
 

paidslave

Well-Known Member
I requested a 8 hr day properly for 1-7-08 and was not denied. My Daughter had a school activity. I told my superviser in the morning I may need help. By 3:30 I sent a message of the work I needed to loose and who could help. Many messages were exchanged. The two drivers that I suggested could help were both in when I came in. The Manager instructed me to go back out and deliver the 8 stops I brought back. I told him I had to pick up my daughter. After a series of questions and getting a shop steward he went from warning letter to discharge in 5 minutes. I have now lost 4 days of work.
Today I got word I will be back to work on Monday but the discipline given will be a 4 day suspension. My grievance will be heard to recover the 4 days pay.
Does anyone have the new language or what the article (policy) really means.
Any input in this situation is welcomed.


I had the same problem with the 8 hour request....I didn't get fired but they didn't like me bringing back 50 stops afterI worked my 8 hours. I totally agree your daughter was way more important than your 8 stops and what help is a greivance when your daughter is stranded? That is why the langauge in the contract doesn't help much....Big deal you get double time for that extra hour instead of time and a half. It is not about the money...........The language needs to be changed so you can't get disciplined for 8 hour requests You should be able to leave no matter what after 8 hours, as long as you give your best to get it done, in this time and are not screwing off!

Your dispatch, the supervisor should be written up and maybe the source will be revealed!! Put some of the burden on the company because apparently they give a crap about the language!


Bottom line is language definately needs re-wording! Working as instructed should not be an applicable form of discipline for 8 hour request in this situation because the Management team takes advantage of this language....(.Working as instructed),,,,,,this is why I chose the name PAIDSLAVE!


Good luck and come back. I am sure lots of drivers would be interested what happened :happy-very:!
 

paidslave

Well-Known Member
http://www.teamster.org/divisions/parcel/2008UPSagreementandsupplements.htm

See Article 37:
http://www.teamster.org/divisions/parcel/pdfs/NewUPSMasterAgreement_071012.pdf


The Contract is filled with deceptive language that seems to give us rights, but, when read closely, contains language that limits those rights a lot more than most people realize. Like these two gems:

Article 37, Section 1(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.[/-]An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested.


Complete his her assignment....this is double talk! Doesn't help when you have a really big assignment!
 

BrownShark

Banned
[That is why the langauge in the contract doesn't help much....Big deal you get double time for that extra hour instead of time and a half. It is not about the money...........The language needs to be changed so you can't get disciplined for 8 hour requests You should be able to leave no matter what after 8 hours, as long as you give your best to get it done, in this time and are not screwing off!

Ladies and Gentleman,

Isnt this exactly the debate i tried to explain when I posted the thread on article 37 BEFORE the contract was passed by a few who decided to actually send their ballot back??

Everyone had a different understanding of the language each time they read it (including myself) and upon further examination, you will find that the language is of no help whatsoever.

It gives the drivers false hope, but that was the intention.

As i posted originally, the correct language should have been:

"all full time drivers shall be granted TWO 8 Hour days per month excluding the months of November and December"

This would have guaranteed the straight 8 (paid day) and no confusion or discipline would have to be applied.

Instead, the Teamster leadership gave us a false hope and subjected us to further problems with managers who are unwilling to abide by the contractual intentions.

Its the "intentions" that lose their teeth as soon as the agreement leaves the barganing table.

No one at the barganing table "intended" anyone to be subjected to discipline or discharge over an 8 hour request, yet the ignorance of the unqualified managers will ruin the best of intentions.

Its too bad that we will have to wait 5 years and 8 months to correct it.

Peace.:peaceful:
 

gamer282

Go Packers!
I was returned back to work Monday 1-14. I was told by my BA they are saying the 4 days will be reduced to suspension. This gives me a much better hand to play. :) They did give me a warning letter for my original actions "Failure to work as directed" written on 1-10-08. But I received my Discharge letter in the mail on 1-12-08 reading,
"on Jan. 7 you were issued a warning notice for you failure to work as directed.
Again on January 7 you continued your failure to work as directed and in the presence of your shop steward you
refused even after being advised of the consequences.
Therefore, this is official notification of you discharge effective January 7 2008 for just cause, Per Atricle 52 of
labor agreement, for failure to work as directed.

When did the NLRA change the rule on "Stacking Discipline"?
 

FAVREFAN

Well-Known Member
I requested a 8 hr day properly for 1-7-08 and was not denied. My Daughter had a school activity. I told my superviser in the morning I may need help. By 3:30 I sent a message of the work I needed to loose and who could help. Many messages were exchanged. The two drivers that I suggested could help were both in when I came in. The Manager instructed me to go back out and deliver the 8 stops I brought back. I told him I had to pick up my daughter. After a series of questions and getting a shop steward he went from warning letter to discharge in 5 minutes. I have now lost 4 days of work.
Today I got word I will be back to work on Monday but the discipline given will be a 4 day suspension. My grievance will be heard to recover the 4 days pay.
Does anyone have the new language or what the article (policy) really means.
Any input in this situation is welcomed.
Regardless of what the contract says. Stand back a minute and look at the issue here. What kind of a company has this become when you can't leave after 8hrs to pick up your stranded daughter? Tell your manager how all the teachers were digusted with UPS when they heard how much the company cares about your daughter sitting alone waiting for you. Real nice PR for the company. Sometimes what looks good on paper looks horrible to the public eye. What a shame. Good luck in the future.
 
D

dont want to be known

Guest
These tactics sound like one of our old managers. If he was demoted a few years back, this could be a manager that had a lawsuit against him a while back from his employees. He was shipped to S FL to get him out of our area. This could help you a lot if it is the same manager.
 

Braveheart

Well-Known Member
Ladies and Gentleman,

Isnt this exactly the debate i tried to explain when I posted the thread on article 37 BEFORE the contract was passed by a few who decided to actually send their ballot back??

Everyone had a different understanding of the language each time they read it (including myself) and upon further examination, you will find that the language is of no help whatsoever.

It gives the drivers false hope, but that was the intention.

As i posted originally, the correct language should have been:

"all full time drivers shall be granted TWO 8 Hour days per month excluding the months of November and December"

This would have guaranteed the straight 8 (paid day) and no confusion or discipline would have to be applied.

Instead, the Teamster leadership gave us a false hope and subjected us to further problems with managers who are unwilling to abide by the contractual intentions.

Its the "intentions" that lose their teeth as soon as the agreement leaves the barganing table.

No one at the barganing table "intended" anyone to be subjected to discipline or discharge over an 8 hour request, yet the ignorance of the unqualified managers will ruin the best of intentions.

Its too bad that we will have to wait 5 years and 8 months to correct it.

Peace.:peaceful:
Great post! This is one of the big problems with the last two contracts. The company adds wording to make us "work as instructed" and file after your rights are violated. I would be on phone to news to show that UPS wanted you to risk being arrested for abandoning your child and have HRS pick up the child as well.

A comedy team once described that you can tell who is in charge by the amount of clothes that they have on. The "lesser class" of people usually have "less" clothes on and have to learn "lessons" from the class who have "more" on in the clothes department. That is why the "morons" run the show.
 

25yrvet

Well-Known Member
This is from someone who for 27 yrs was always legit when he called in sick---not anymore.
If I want the day off or 8 hrs.....O/H or sick call. No more screwin' around.
 

currahee

Well-Known Member
How unfortunate is it that you cant get out of work to pu daughter, make a late doctor appt, or catch a little league game.
The last time i requested an eight hour day i called them up about 45 min before 8 hours and said "i have 20 stops that arent getting done". They told me to go to Xyz Company and leave them there for another driver.
Im a slave, work as directed like everyone else , but when i request and am granted an 8 hour day im only working 8.
 
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