ARTICLE 37. MANAGEMENT EMPLOYEE RELATIONS
Section 1.
(a) The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall per- form their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giv- ing due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.
(b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the under- standing that such package car driver will complete his/her assign- ment, and subject to the provisions below.
An employee who desires to be relieved from overtime on a partic- ular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub-section. If a request is denied on the above referenced form, the employee shall receive a two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based on the criteria set forth in this sub-section. This two (2) hour payment shall also apply if the Employer approves the request and later informs the employee he/she cannot be relieved of overtime, provided the request continues to meet the criteria set forth in this sub-section. In addition, if an employee’s request is granted but the Employer fails to adjust the driver’s dispatch so as to provide an amount of work that can reasonably be completed within eight (8) hours which then causes the driver to work in excess of eight and one-half (8.5) hours to complete his/her route, the driver shall be entitled to a two (2) hour penalty payment at his/her straight time rate. No penalty shall be due if the employee exceeds the eight and one-half (8.5) hour threshold as a result of events beyond the Employer’s control.
The Center Manager and the Steward shall process such requests based on seniority. The Employer shall allow a minimum of ten per- cent (10%) of the package car drivers worked in any Center off on a daily basis. No package car driver will be granted more than two (2) requests per month. It is understood that to accomplish the above the Employer may need to provide an earlier start time. It is further understood that the Employer is not obligated to let more than one (I) driver in a loop off at one time. This subsection applies regard- less of whether the driver has opted in or out pursuant to the provi- sions of subsection (c) below. Such requests shall not be submitted during the months of November and December.
(c) The Employer shall make a reasonable effort to reduce package car drivers’ workdays below nine and one half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, the following language shall apply, except in the months of November and December:
Such requests may only be made for the five (5) month periods begin- ning on each January 1 and June 1 of each year. No later than thirty (30) days prior to each January 1st and June 1st, each package center will post a “9.5 opt-in/opt-out list” for the applicable five (5) month period. Each full-time seniority driver in the center must make an election to opt-in or opt-out of the 9.5 language in this subsection no later than ten (10) days prior to the applicable five (5) month period. Those full-time drivers who choose to opt-out of the 9.5 language in this subsection will have no right to file a grievance alleging excessive overtime either under this subsection or under an excessive overtime provision in the Supplement, Rider or Addendum.
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. If a grievance under this provision (or a griev- ance under any excessive overtime provision of a Supplement, Rider or Addendum) cannot be resolved at the local level, including Supplemental Panels, where applicable, the Union may docket the grievance to be heard by the “9.5 Committee.” This Committee shall be composed of two (2) Union and two (2) Employer representa- tives. The 9.5 Committee shall have the authority to direct the Employer to adjust the driver’s work schedule. Deadlocked cases shall be referred to the Employer’s Vice President of Labor Relations and the Co-Chair of the Teamsters United Parcel Service Negotiating Committee for final and binding resolution.
The Employer’s Vice President and the Union’s Co-Chair shall have the discretion to grant the grievant triple time pay for hours worked in excess of nine and one half (9.5) hours per day and/or to order the Employer to adjust the driver’s work schedule. In the event the Employer’s Vice President and the Union’s Co-Chair cannot resolve a grievance, either party may refer the matter to arbitration in accor- dance with Article 8. In the event the position of the Union is sus- tained, the arbitrator shall have the authority to impose any remedy set forth in this Section.
The 9.5 committee shall also have the authority to adopt guidelines to ensure that this Section is implemented in such a way as to bal- ance the Employer’s need to protect the integrity of its operations with an employee’s legitimate need to avoid excessive overtime.
Section 1.
(a) The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall per- form their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giv- ing due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.
(b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the under- standing that such package car driver will complete his/her assign- ment, and subject to the provisions below.
An employee who desires to be relieved from overtime on a partic- ular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub-section. If a request is denied on the above referenced form, the employee shall receive a two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based on the criteria set forth in this sub-section. This two (2) hour payment shall also apply if the Employer approves the request and later informs the employee he/she cannot be relieved of overtime, provided the request continues to meet the criteria set forth in this sub-section. In addition, if an employee’s request is granted but the Employer fails to adjust the driver’s dispatch so as to provide an amount of work that can reasonably be completed within eight (8) hours which then causes the driver to work in excess of eight and one-half (8.5) hours to complete his/her route, the driver shall be entitled to a two (2) hour penalty payment at his/her straight time rate. No penalty shall be due if the employee exceeds the eight and one-half (8.5) hour threshold as a result of events beyond the Employer’s control.
The Center Manager and the Steward shall process such requests based on seniority. The Employer shall allow a minimum of ten per- cent (10%) of the package car drivers worked in any Center off on a daily basis. No package car driver will be granted more than two (2) requests per month. It is understood that to accomplish the above the Employer may need to provide an earlier start time. It is further understood that the Employer is not obligated to let more than one (I) driver in a loop off at one time. This subsection applies regard- less of whether the driver has opted in or out pursuant to the provi- sions of subsection (c) below. Such requests shall not be submitted during the months of November and December.
(c) The Employer shall make a reasonable effort to reduce package car drivers’ workdays below nine and one half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, the following language shall apply, except in the months of November and December:
Such requests may only be made for the five (5) month periods begin- ning on each January 1 and June 1 of each year. No later than thirty (30) days prior to each January 1st and June 1st, each package center will post a “9.5 opt-in/opt-out list” for the applicable five (5) month period. Each full-time seniority driver in the center must make an election to opt-in or opt-out of the 9.5 language in this subsection no later than ten (10) days prior to the applicable five (5) month period. Those full-time drivers who choose to opt-out of the 9.5 language in this subsection will have no right to file a grievance alleging excessive overtime either under this subsection or under an excessive overtime provision in the Supplement, Rider or Addendum.
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. If a grievance under this provision (or a griev- ance under any excessive overtime provision of a Supplement, Rider or Addendum) cannot be resolved at the local level, including Supplemental Panels, where applicable, the Union may docket the grievance to be heard by the “9.5 Committee.” This Committee shall be composed of two (2) Union and two (2) Employer representa- tives. The 9.5 Committee shall have the authority to direct the Employer to adjust the driver’s work schedule. Deadlocked cases shall be referred to the Employer’s Vice President of Labor Relations and the Co-Chair of the Teamsters United Parcel Service Negotiating Committee for final and binding resolution.
The Employer’s Vice President and the Union’s Co-Chair shall have the discretion to grant the grievant triple time pay for hours worked in excess of nine and one half (9.5) hours per day and/or to order the Employer to adjust the driver’s work schedule. In the event the Employer’s Vice President and the Union’s Co-Chair cannot resolve a grievance, either party may refer the matter to arbitration in accor- dance with Article 8. In the event the position of the Union is sus- tained, the arbitrator shall have the authority to impose any remedy set forth in this Section.
The 9.5 committee shall also have the authority to adopt guidelines to ensure that this Section is implemented in such a way as to bal- ance the Employer’s need to protect the integrity of its operations with an employee’s legitimate need to avoid excessive overtime.
