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UPS Union Issues
9.5 Contract Opinions
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<blockquote data-quote="Bubblehead" data-source="post: 2557685" data-attributes="member: 14176"><p>I took this issue all the way to the National Panel in DC last May, on the very premise you describe.</p><p></p><p>I asked for triple time for all hours over 9.5 that week (2 days worth) and was denied.</p><p>The panel did however advise the Company to make sure the issue didn't come back, because it may not be ruled on the same next time (not part of the written decision).</p><p></p><p>It was the only panel hearing I have ever attended, at any level, where the panel chair for both Union and Company actually asked parties to stay and proceeded to explain the decision.</p><p>Very cool and much appreciated.</p><p></p><p>You see the language actually says; the Company wont <em>"retaliate"</em> on the <em>"two <strong><u>REMAINING</u></strong> days"</em>,....meaning <em><u><strong>AFTER</strong></u></em> you have been violated.</p><p>Remember that sentence follows <em>"for any three (3) days in a workweek"</em>.</p><p> </p><p>It really doesn't protect us "literally", if they choose to violate us on two days only, although I believe both sides knew it was the <em>"intent"</em> of the language and the decision was a bit of a "one bite of the apple" for the Company.</p><p>The language also does not specifically provide for a penalty in regards to the "2 day scenario".</p><p></p><p>The whole process, two years plus worth, was a valuable experience that I look back on proudly.</p><p>In the end, I hope it will help influence improved "9.5 Opt-in List" language in the future.</p></blockquote><p></p>
[QUOTE="Bubblehead, post: 2557685, member: 14176"] I took this issue all the way to the National Panel in DC last May, on the very premise you describe. I asked for triple time for all hours over 9.5 that week (2 days worth) and was denied. The panel did however advise the Company to make sure the issue didn't come back, because it may not be ruled on the same next time (not part of the written decision). It was the only panel hearing I have ever attended, at any level, where the panel chair for both Union and Company actually asked parties to stay and proceeded to explain the decision. Very cool and much appreciated. You see the language actually says; the Company wont [I]"retaliate"[/I] on the [I]"two [B][U]REMAINING[/U][/B] days"[/I],....meaning [I][U][B]AFTER[/B][/U][/I] you have been violated. Remember that sentence follows [I]"for any three (3) days in a workweek"[/I]. It really doesn't protect us "literally", if they choose to violate us on two days only, although I believe both sides knew it was the [I]"intent"[/I] of the language and the decision was a bit of a "one bite of the apple" for the Company. The language also does not specifically provide for a penalty in regards to the "2 day scenario". The whole process, two years plus worth, was a valuable experience that I look back on proudly. In the end, I hope it will help influence improved "9.5 Opt-in List" language in the future. [/QUOTE]
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