9.5 Language

K20A

Well-Known Member
Can we file grievance for any 2 days the company violate you, or is it specific to Thursday and Friday?
 

Sixth Punch Sense

Well-Known Member
Can we file grievance for any 2 days the company violate you, or is it specific to Thursday and Friday?
No it has to be 3 days. The language is something to the effect of you can file if you are given excessive OT on either of your final two days. But it doesn't define what excessive OT is.
 

BigUnionGuy

Got the T-Shirt
Can we file grievance for any 2 days the company violate you, or is it specific to Thursday and Friday?

"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. The Company will not assign excessive over-time on the two (2) remaining days within the workweek in order to retaliate against a driver for opting onto the 9.5 List. If the employer is found to have assigned excessive overtime for the remaining two days in violation of this provision, the Co- Chairs shall have the discretion to award a penalty at triple time as outlined in this section."

 

K20A

Well-Known Member
"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. The Company will not assign excessive over-time on the two (2) remaining days within the workweek in order to retaliate against a driver for opting onto the 9.5 List. If the employer is found to have assigned excessive overtime for the remaining two days in violation of this provision, the Co- Chairs shall have the discretion to award a penalty at triple time as outlined in this section."

So any two days? My steward is saying only applies to Thursday and Friday.
 

Wally

BrownCafe Innovator & King of Puns
So any two days? My steward is saying only applies to Thursday and Friday.
Monday and Thursday here, except Saturday drivers. They are Tuesday and Friday, minus am/pm time and time at the pumps
 

Red Devil

The Power of Connected
If you go over 9.5 three times a week you can file. Doesn’t matter which days. If they keep you under three days but the other two days are consistently 12+ hour days or whatever- not just 9.6 or 10 - then you can file for that as well. Not sure what the process is or how likely you are to win; I’ve never done it. But it shouldn’t matter which days of the week it falls on.
 

Appvol

Well-Known Member
What he is saying like on Monday you work a 11hr day and the rest of the week they give a good dispatch to keep you from be over a 2nd day. Then on Friday the kill you again with another 11hr day. You can file on that but the company might have to do it a couple of times for you to get any money. So you might want to file so you can start build case to show that dispatch isn’t giving you a fair dispatch all week.
 
If you go over 9.5 three times a week you can file. Doesn’t matter which days. If they keep you under three days but the other two days are consistently 12+ hour days or whatever- not just 9.6 or 10 - then you can file for that as well. Not sure what the process is or how likely you are to win; I’ve never done it. But it shouldn’t matter which days of the week it falls on.

I’m a PDS for our center and a driver filed under the retaliation the first week he could. It hasn’t gone anywhere yet. Labor manager didn’t seem to think much of it.

I’m sure if you are consistently going over 9.5 the same 2 days every week then you have an argument. If you’re over 10 every Monday and Friday then I’d figure that’s a slam dunk as far as grievances are concerned.
 
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