9.5 list

Discussion in 'UPS Union Issues' started by off spa, May 3, 2013.

  1. off spa

    off spa New Member

    Does anyone know where it talks about the 9.5 list in the contract? Specifically when it is suppose to be posted. Thanks!
  2. stink219

    stink219 Well-Known Member

    It's article 37.
  3. Delivered

    Delivered Member

    There is no 9.5 list in the Central States
  4. UPS Preloader

    UPS Preloader Active Member

    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 perform 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, giving 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 understanding that such package car driver will complete his/her assignment,
    and subject to the provisions below. An employee who desires to be relieved from overtime on a particular 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 percent (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 regardless of whether the driver has opted in or out pursuant to the provisions 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 beginning 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 grievance 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 representatives. 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 ccordance
    with Article 8. In the event the position of the Union is sustained, 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 balance the Employer’s need to protect the integrity of its operations with an employee’s legitimate need to avoid excessive overtime.

    (d) No employee shall be disciplined for exceeding personal time based on data received from the DIAD/IVIS or other information technology.

    Section 2.
    Not more than one (1) member of management will ride with a driver at any time except for the purpose of training management personnel. No driver will be scheduled for more than one (1) day’s ride per year with more than one (1) member of management on the car. Such day will not be used for disciplinary purposes. The sole reason for two (2) management employees on the car is for supervisory training. If a supervisor assists a driver during an O.J.S., that day will not be used in determining a fair day’s work. During scheduled safety training for feeder drivers the supervisor will only drive for demonstration purposes and this will not exceed one (1) hour per workday.

    Section 3.
    Any alleged violation of this Article shall be subject to the applicable grievance procedure. Where an employee has submitted a grievance regarding an excessive number of rides, no member of management
    shall ride with that employee unless and until the local level hearing is concluded provided such hearing is held within five (5) working days. If the Union has a legitimate reason for not being available within the five (5) working days, the period will be extended up to a total of ten (10) working days.
  5. The Other Side

    The Other Side Well-Known Troll Troll

    THERE is NO LANGUAGE in ARTICLE 37 that PERTAINS to the 9.5 list! Yes, Its printed in the contract book, however, ALL LANGUAGE pertaining to the 9.5 list was AMENDED by the national 9.5 committee after the contract was ratified and that language is NOT printed anywhere.

    That "amended" language has been used now for 7 years and its also the "NEW" language in the tentative agreement. While Hoffa/hall are spouting off about "NEW" 9.5 language, they are simply hoping you are dumb enough to not know the difference between what language we are using now and the old printed language in article 37.

    Employees continue to point to article 37 in our current agreement as the "letter of the law" but, unfortunately, its not. The language was severly "WEAKENED" by the national 9.5 committee and agreed to by memorandum and the company is exploiting it.

    For example, in article 37, its says "each package center will post a “9.5 opt-in/opt-out list” for the applicable five (5) month period""".... But this isnt the case any longer.

    The "NEW" language that the national 9.5 committee agreed to says that only a FULL TIME ROUTE DRIVER can get onto the 9.5 list and ONLY after he/she has been VIOLATED 3 days a week. The route driver has to bring his/her shop steward to the managers office and notify the center manager that he/she has been violated and the manager has to add the driver to the 9.5 list begining the next week. Utility drivers or cover drivers can ask to be placed onto the 9.5 list, but the company ONLY has to comply with the 9.5 request if the FULL TIME DRIVERS route that the utility/cover driver has bid on, is on the LIST.

    YOU HAVE to be violated first. ( a concession to the company ) Utility/Cover drivers can only get a 9.5 request if the route they bid on is on the 9.5 list to start with. ( another concession to the company)

    You can forget about what is written in article 37 of the national master agreement, that language no longer applies. Look for what I posted as the new language in 2013.


  6. Coldworld

    Coldworld Taking it all back.....

    In section 2 it says that only one mgt person can be on car unless they are training another sup...3 employees on the car at once??? Am I missing something??
  7. brostalss

    brostalss Active Member

    The thing about being on the 9.5 list is that you are now on a list. Management watches lists. That means they are watching you. I like to fly below radar. I do understand that there are needs for 9.5 for some drivers but it's not my cup of coffee.

    Plus you screw a few neighboring drivers in the process. That work has to go somewhere.
  8. East coast navy

    East coast navy Veteran

    Unless you get a lot of drivers in a center doing it then, they have to hire more drivers. Then the target gets much smaller.
  9. Wally

    Wally Hailing from Parts Unknown.

    Some drivers don't mind the extra work, so I never understood why they don't start there? (Oh wait, this is our management)
  10. stink219

    stink219 Well-Known Member

    TOS is correct. It was amended. This is why INTENT of language is important. 9.5 was a learning curve. I would not forget what is written in Art 37, the amendment is only for the process of opting in and eligibility. You would refer to all other language in Art 37 as the last line of the amendment states.
  11. mvol50

    mvol50 Active Member

    Although some drivers do want (or don't mind) the extra work. It isn't the work that's the problem. It's that there's the pressure that they have to do the extra work every single day. I love hard work, but if you're counted on every single day and you notice other guys with lighter work loads then that can feel like you're getting the shaft. This though is the nature of UPS.
  12. Gumby

    Gumby *

    The more you do...the more they want you to do. Every single driver needs to opt in!Then maybe they will put some routes in and make a few more fulltime jobs!!!..Five hours of overtime a week a top rate is about $80,000....If you cant live on that...you are living too fat!!
  13. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    Unassigned drivers can get on the 9.5 here whether the bid driver they are covering for is on it or not. It doesn't make sense to exclude unassigned drivers when they spend plenty of days on "split routes".
  14. Gumby

    Gumby *

    Agreed....Or they would just put them on a different route everyday........and pound the crap out of them!!Load up the money whores who want to work 12 hours a day and have no life!!!
  15. The Other Side

    The Other Side Well-Known Troll Troll

    It MAY NOT make sense, but its the LETTER of the law currently and will be in print in the next contract. Just another concession to the company or as Sober would call it, "A FAIR DEAL".


  16. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    They must not honor it here because like I said.... unassigned drivers are on the list. And being paid the penalty.
  17. BigUnionGuy

    BigUnionGuy Got the T-Shirt