9.5 Grievance Result...On Topic

clever_username

Philosoraptor
Filed about a month ago. Just got the letter in the mail today.

“Your grievance was settled/heard and the decision rendered was: NON-CONTINUAL 8 (EIGHT) WEEKS BETWEEN VIOLATIONS.”

Yeah, I get that. It was the first time they effed up since I got on the list back in May. The part they didn’t make clear is whether or not I’ll get a check. What say you experts?
 

wide load

Starting wage is a waste of time.
Filed about a month ago. Just got the letter in the mail today.

“Your grievance was settled/heard and the decision rendered was: NON-CONTINUAL 8 (EIGHT) WEEKS BETWEEN VIOLATIONS.”

Yeah, I get that. It was the first time they effed up since I got on the list back in May. The part they didn’t make clear is whether or not I’ll get a check. What say you experts?
Sounds like your local has a side deal going on
 

browndevil

Well-Known Member
Filed about a month ago. Just got the letter in the mail today.

“Your grievance was settled/heard and the decision rendered was: NON-CONTINUAL 8 (EIGHT) WEEKS BETWEEN VIOLATIONS.”

Yeah, I get that. It was the first time they effed up since I got on the list back in May. The part they didn’t make clear is whether or not I’ll get a check. What say you experts?
A letter from your Local? If so, who signed it, your BA?
 

Faceplanted

Well-Known Member
File nlrb charges on your local if you don’t get paid. Contract says 5 months for 9-5

They wouldn’t hear my 9-5 grevience a couple years ago after almost a year. I told my ba and the labor manager I felt they were screwing me and I was gonna file nlrb charges. I had my hearing a couple weeks later and a got a check for thousands.
 

Slug Life

When do we eat?
Just curious if you are in the South. Because they have done this same * here.
I smell side-deal as well. Hasn’t happened to me personally though. Several other guys have been boned by it though.
They chose not to pursue it though. I would make sure to get any and all money.
 
F

Frankie's Friend

Guest
File nlrb charges on your local if you don’t get paid. Contract says 5 months for 9-5

They wouldn’t hear my 9-5 grevience a couple years ago after almost a year. I told my ba and the labor manager I felt they were screwing me and I was gonna file nlrb charges. I had my hearing a couple weeks later and a got a check for thousands.
If you filed one grievance that covered one week (which is our time limitation) even if you worked 60 hrs that week how was your grievance check "thousands"?
 

UnconTROLLed

perfection
If you filed one grievance that covered one week (which is our time limitation) even if you worked 60 hrs that week how was your grievance check "thousands"?
that's how UPS keeps things on the down low. Slam-dunk labor charges against the union AND the company is worth a few thousand and I've seen it happen personally. (vast overpayment by labor mgrs)
 
F

Frankie's Friend

Guest
that's how UPS keeps things on the down low. Slam-dunk labor charges against the union AND the company is worth a few thousand and I've seen it happen personally. (vast overpayment by labor mgrs)
tenor-4.gif

I can see a false termination case winning "thousands" with nlrb involvement but not a 9.5 grievance.
Failure to represent happens a lot. If there was big money to be had thru that avenue I'm sure it would be a well traveled road.
Please enlighten me to how that happened. I'm open for correction. Thanks.
 

UnconTROLLed

perfection
View attachment 220935
I can see a false termination case winning "thousands" with nlrb involvement but not a 9.5 grievance.
Failure to represent happens a lot. If there was big money to be had thru that avenue I'm sure it would be a well traveled road.
Please enlighten me to how that happened. I'm open for correction. Thanks.
the "risk assessors" have a better take than I. :D listen to and believe what you wish
 

DOK

Well-Known Member
Filed about a month ago. Just got the letter in the mail today.

“Your grievance was settled/heard and the decision rendered was: NON-CONTINUAL 8 (EIGHT) WEEKS BETWEEN VIOLATIONS.”

Yeah, I get that. It was the first time they effed up since I got on the list back in May. The part they didn’t make clear is whether or not I’ll get a check. What say you experts?

What does this even mean? “Non-continual blah blah blah....”?
 

BigUnionGuy

Got the T-Shirt
If you filed one grievance that covered one week (which is our time limitation) even if you worked 60 hrs that week how was your grievance check "thousands"?


It's not possible.

If you filed a grievance every week for a year....


They wouldn’t hear my 9-5 grevience a couple years ago after almost a year.


Why would you let it go on, for over a year ?


What does this even mean? “Non-continual blah blah blah....”?


"Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in a workweek."


http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf


Who ever was empowered to hear the case and render a decision, decided that

2 violations in 8 weeks, didn't meet the criteria for "continually" being violated.



-Bug-
 
F

Frankie's Friend

Guest
It's not possible.

If you filed a grievance every week for a year....





Why would you let it go on, for over a year ?





"Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in a workweek."


http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf


Who ever was empowered to hear the case and render a decision, decided that

2 violations in 8 weeks, didn't meet the criteria for "continually" being violated.



-Bug-
That's a mess.
 

ManInBrown

Well-Known Member
A letter from a 9.5 grievance? I filed over 50 9.5 grievances in my time in package. Got paid on every one like clockwork. What this letter business?
 

DOK

Well-Known Member
If you filed one grievance that covered one week (which is our time limitation) even if you worked 60 hrs that week how was your grievance check "thousands"?


It's not possible.

If you filed a grievance every week for a year....


They wouldn’t hear my 9-5 grevience a couple years ago after almost a year.


Why would you let it go on, for over a year ?


What does this even mean? “Non-continual blah blah blah....”?


"Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in a workweek."


http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf


Who ever was empowered to hear the case and render a decision, decided that

2 violations in 8 weeks, didn't meet the criteria for "continually" being violated.



-Bug-

Ah I see. Now Im not understanding what’s it matter if it’s continual or not? If I’m on the 9.5 list and the employer hasn’t violated for 3 months, but then one week does violate, why shouldn’t I get paid for that one violation?
 

Faceplanted

Well-Known Member
Ah I see. Now Im not understanding what’s it matter if it’s continual or not? If I’m on the 9.5 list and the employer hasn’t violated for 3 months, but then one week does violate, why shouldn’t I get paid for that one violation?
Per The contract you should get paid for that 1 week.
 

clever_username

Philosoraptor
Per The contract you should get paid for that 1 week.

Doesn’t seem like that’s the case when I read this:

"Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in a workweek."


http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf


Who ever was empowered to hear the case and render a decision, decided that

2 violations in 8 weeks, didn't meet the criteria for "continually" being violated.



-Bug-

I showed my steward the letter, he said that’s happened a few times, that it’s a “loophole” to avoid paying us. If I go over again, then it will be continual.

I’m just wondering why the union is looking for loopholes to screw us. Isn’t that my supervisor’s job?

I’ll mention taking it up with the NLRB to my steward, see what he thinks. I’m not overly concerned about the money, but this seems shady to me. Red River District BTW.
 

BigUnionGuy

Got the T-Shirt
I showed my steward the letter, he said that’s happened a few times, that it’s a “loophole” to avoid paying us. If I go over again, then it will be continual.


You can always file, but 2 violations in 8 weeks would never be upheld as continual.

Three out of 4 weeks, absolutely. It's not a loophole to for the company

to avoid paying you.... it's what would be considered "reasonable".


I’m just wondering why the union is looking for loopholes to screw us.


The Union is not trying to screw you, they are trying to help mitigate a potential

problem and bring the issue to the companies attention. There is no panel that

would award you penalty pay for that situation.


Next time, I would suggest going to the hearing to present your case.

It's too easy for the company to document reasons for the situation.... and

without you there to hear why, people feel like they have been screwed.


I’ll mention taking it up with the NLRB to my steward, see what he thinks.


Absolutely.

But, preface your question by asking him if he/she has any personal experience

in dealing with the NLRB. Unless you are filing a charge against the Local for

mis-representation, they won't look at a case like this.



-Bug-
 
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