9.5 Arbitration decision - Or - Why clear contract language is important

[KingofFluff]

This grievance is from before this contract.

O. Never mind then.... lol

 

[BigBrown87]

So in regards to the arbitration what now constitutes a 9.5 violation? Multiple weeks going over? I'm curious because nobody really seems to know and our BA says nothing has changed to paying out 9.5 grievances.

 

[Brownslave688]

So in regards to the arbitration what now constitutes a 9.5 violation? Multiple weeks going over? I'm curious because nobody really seems to know and our BA says nothing has changed to paying out 9.5 grievances.

Honestly that’s the million dollar question. Does this ruling actually change anything?


I think for the company it changes the likelihood that they fight it.

 

[BigBrown87]

Honestly that’s the million dollar question. Does this ruling actually change anything?


I think for the company it changes the likelihood that they fight it.

We have a ton of grievances backed up and was wondering if the company was waiting for this arbitration to be in their favor to proceed with fighting some of these grievances. Personally I dont know why the union added in continual in Article 37 but it sure is biting them in the arse now.

 

[Brownslave688]

We have a ton of grievances backed up and was wondering if the company was waiting for this arbitration to be in their favor to proceed with fighting some of these grievances. Personally I dont know why the union added in continual in Article 37 but it sure is biting them in the arse now.

The union likes to have questionable language. As in it can be interpreted a number of ways. We’ve been told this at a number of meetings.

“We want room to interpret.”


Problem is we lose way more than we win

 

[542thruNthru]

So in regards to the arbitration what now constitutes a 9.5 violation? Multiple weeks going over? I'm curious because nobody really seems to know and our BA says nothing has changed to paying out 9.5 grievances.

Honestly that’s the million dollar question. Does this ruling actually change anything?


I think for the company it changes the likelihood that they fight it.

The arbitrator kind of mentioned it.

 

[Rack em]

The union likes to have questionable language. As in it can be interpreted a number of ways. We’ve been told this at a number of meetings.

“We want room to interpret.”


Problem is we lose way more than we win

I prefer black and white, right or wrong language. I don't want to sift through 12 articles of contract language to determine if a grievance should be upheld.

 

[Brownslave688]

The arbitrator kind of mentioned it.
View attachment 264466

“Unreasonably seeks to vastly expand”


Uhhhh. New arb please

 

[Brownslave688]

I prefer black and white, right or wrong language. I don't want to sift through 12 articles of contract language to determine if a grievance should be upheld.

Amen

 

[542thruNthru]

“Unreasonably seeks to vastly expand”


Uhhhh. New arb please

Like BUG said. Someone took the wrong case to Arbitration. 1 week in 5 months and only over by 90min in that whole week. I'd have took a week that was over every single day or close to it and not just 90min.

 

[542thruNthru]

I prefer black and white, right or wrong language. I don't want to sift through 12 articles of contract language to determine if a grievance should be upheld.

That's hard to do. Also remember everyone always remembers the defeats.

I'm sure those interpretations have worked in our favor many times as well.

 

[Brownslave688]

Like BUG said. Someone took the wrong case to Arbitration. 1 week in 5 months and only over by 90min in that whole week. I'd have took a week that was over every single day or close to it and not just 90min.

I get the argument but I’m in 688 and some of the ways we view stuff is extremely weak.

I have a number or stewards begging me to take over right now.

I will do it after I’m 100% sure I do not need this job anymore. That’s going to scare the out them man.

 

[Brownslave688]

I'm sure those interpretations have worked in our favor many times as well.

I like you man but we ain’t all in the west.

 

[542thruNthru]

I get the argument but I’m in 688 and some of the ways we view stuff is extremely weak.

I have a number or stewards begging me to take over right now.

I will do it after I’m 100% sure I do not need this job anymore. That’s going to scare the out them man.

Imagining you being a Steward makes me cringe. Lol

Also "a number of stewards" you got what like 35 drivers in your center? Just tell it like it is Cardinals fan. You have 1..One...ONE steward asking you to take over. friend'ing Cardinals fans always making things seem grander than they are.

 

[542thruNthru]

I like you man but we ain’t all in the west.

Didn't mean it that way. Just meant no one ever sees the success because no one talks about them because they expect them or they are happy.

Just like reviews online about anything. People only talk when they are upset. Hell brown Cafe is a perfect example.

 

[Brownslave688]

Didn't mean it that way. Just meant no one ever sees the success because no one talks about them because they expect them or they are happy.

Just like reviews online about anything. People only talk when they are upset. Hell brown Cafe is a perfect example.

All I meant was it’s frustrating sometimes.


There is a prominute (yeah I suck at spelling) member that bashes 688 non stop.

And I won’t pretend man. Not the strongest local in the local in the country. But I long for the day that I can hold everyone feet to the fire.


It’s coming and they have no idea.

 

[542thruNthru]

All I meant was it’s frustrating sometimes.


There is a prominute (yeah I suck at spelling) member that bashes 688 non stop.

And I won’t pretend man. Not the strongest local in the local in the country. But I long for the day that I can hold everyone feet to the fire.


It’s coming and they have no idea.

I'm no english major so don't worry about it. I bet it's frustrating as hell. My locals about to go through a election right now. So all these same issues are being put under a spot light right now.

I agree with you that your BA doesn't seem to be doing his job. That's apparent from the 9.5 agreement they made with the company.

All I'm trying to say is a bad local and a bad contract is light years apart and sometimes they get lumped together.

 

[zubenelgenubi]

I prefer black and white, right or wrong language. I don't want to sift through 12 articles of contract language to determine if a grievance should be upheld.

Not just language, but precedent set by panel and arbitration decisions you don't have access to. Then there's past practices... but you need to read the contract and know your rights. lol.

 

[Brownslave688]

I'm no english major so don't worry about it. I bet it's frustrating as hell. My locals about to go through a election right now. So all these same issues are being put under a spot light right now.

I agree with you that your BA doesn't seem to be doing his job. That's apparent from the 9.5 agreement they made with the company.

All I'm trying to say is a bad local and a bad contract is light years apart and sometimes they get lumped together.

Amen

 

[MyTripisCut]

Curious how all this will play out. Weather the union screwed up with the usage of continuous in the language or not. Anyone ever question why the excessive overtime “protection” starts at 9.5, an hour and half of overtime already included? If anyone knows the answer I’d love to hear it. Why isn’t there an 8.5 list?

I’ve said it before, the only way this company will reduce overtime is to get them to pay pension contributions for every hour worked, not just the first eight.