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

browned out

Well-Known Member
Nope, it's getting ready to start soon....as soon as the Company gets their 25% of 22.4 "hybrid drivers" qualified.

They will be used with staggered start times to eliminated every hour of OT for top scale "RPCD's" possible, at a better than 50% hourly rate discount.

Seriously, why wouldn't they???
This is from the Central States Supplement. Could it be applied in regards to maintaining the average hours of RPCDs work weeks for the 1st year and a half of the current CBA? Protecting RPCD straight time and OT hours?

ARTICLE 4-MAINTENANCE OF STANDARDS
The Employer agrees that all conditions of employment in his/her
individual operation relating to wages, hours of work, overtime differentials
and general working conditions shall be maintained at not
less than the highest standards in effect at the time of the signing of
this Agreement, and the conditions of employment shall be
improved wherever specific provisions for improvement are made
elsewhere in this Agreement. It is agreed that the provisions of this
Section shall not apply to inadvertent or bona fide errors made by
 

BigUnionGuy

Got the T-Shirt
This is from the Central States Supplement. Could it be applied in regards to maintaining the average hours of RPCDs work weeks for the 1st year and a half of the current CBA? Protecting RPCD straight time and OT hours?

ARTICLE 4-MAINTENANCE OF STANDARDS
The Employer agrees that all conditions of employment in his/her
individual operation relating to wages, hours of work, overtime differentials
and general working conditions shall be maintained at not
less than the highest standards in effect at the time of the signing of
this Agreement, and the conditions of employment shall be
improved wherever specific provisions for improvement are made
elsewhere in this Agreement. It is agreed that the provisions of this
Section shall not apply to inadvertent or bona fide errors made by

The 30 year guy that (allegedly) has filed NLRB charges against his Local, and is

(allegedly) running for Local office to "throw the bums out";


Is now.... just reading the contract ?

Wow.
 

lolbr

Well-Known Member
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.
They should also be forced to pay pension contributions for all hours supervisors work in won grievances.
 

barnyard

KTM rider
Staff member
Curious how all this will play out.
Should find out very soon.

In my building, 2 drivers were over 9/5 before prime week and then again during prime week. All the others, it was their 1st occurrence. The time between my 1st penalty week and 2nd, I worked over 9/5 all weeks, including all Fridays.

Monday, I am going to go in and suggest that my grievance go to panel, as I am pretty sure that I fit the 'continual' definition.

Since prime week, I have had only 1 week where I worked over 9/5 1 day. All the rest were 2 days over and all those weeks, the 2nd day was on Friday. There were 2 weeks, that they cut 1 1/2 sections off me on Thursday, and then screwed me on Friday.

Going over 9/5 in my building means punching out after 1850. I am sick to death of working past 1900.
 
Should find out very soon.

In my building, 2 drivers were over 9/5 before prime week and then again during prime week. All the others, it was their 1st occurrence. The time between my 1st penalty week and 2nd, I worked over 9/5 all weeks, including all Fridays.

Monday, I am going to go in and suggest that my grievance go to panel, as I am pretty sure that I fit the 'continual' definition.

Since prime week, I have had only 1 week where I worked over 9/5 1 day. All the rest were 2 days over and all those weeks, the 2nd day was on Friday. There were 2 weeks, that they cut 1 1/2 sections off me on Thursday, and then screwed me on Friday.

Going over 9/5 in my building means punching out after 1850. I am sick to death of working past 1900.
They could fix a lot of this but they refuse to

A lot of the guys could handle 9.5 if we could get out of the building a little earlier.

And when the days are light ( which is very few anymore) quit over cutting routes and let people get done early for a change.
 

barnyard

KTM rider
Staff member
Seriously, why wouldn't they???
Not enough package cars.

Right now, we have 2 rentals in our building. 1 of them is used everyday, the other is a back up. We just received a p1000 that needs plates. I am guessing we need 4-6 more of various sizes just to maintain, nevermind how many we would need to have a handful of 22.4 guys run partial days to eliminate OT.
 
Not enough package cars.

Right now, we have 2 rentals in our building. 1 of them is used everyday, the other is a back up. We just received a p1000 that needs plates. I am guessing we need 4-6 more of various sizes just to maintain, nevermind how many we would need to have a handful of 22.4 guys run partial days to eliminate OT.
We have at least a dozen of red tags that have been sitting in the yard all year, untouched
 

zubenelgenubi

Well-Known Member
Everyone is working in my building. We have 'cut routes' that need to be bid, as they have been in for 2 months.
That's the way my building is right now too. But when we a properly staffed, and not enough drivers are out on vacation, they will let the low seniority guys sit and rot rather than put in a couple more routes to keep everyone at a reasonable workload.
 

browned out

Well-Known Member
The 30 year guy that (allegedly) has filed NLRB charges against his Local, and is

(allegedly) running for Local office to "throw the bums out";



Is now.... just reading the contract ?

Wow.
Thanks for the non-answer.

Get over self. Try to offer some insight and assistance regarding RPCDs keeping their hours. 40 at least plus their average OT.

Craft a grievance that would stand up at arbitration.

Thanks pal.
 
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hondo

promoted to mediocrity
"...Why clear contract language is important": because you're NOT going to win in arbitration, what you couldn't get at the bargaining table.
edit: This is what I've learned from my Local. Don't get misunderstand me, if you think you have a valid grievance, you're welcome to go through the process of analyzing/vetting a possible arbitration case with them. But unless you have some unique situation that has not been previously addressed, then most likely the above principle applies.
 
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MenInBrown

Well-Known Member
It’s official. We have NO 9.5 protection. Almost every 9.5 grievance at my building this morning got thrown out. And the union agreed to it. Also there is something new. If you didn’t take your whole hour lunch, Those got thrown out as well. And one guy only took 30 minutes of lunch, and had a planned day of over 9.5, and it still got thrown out.
 
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