9.5 penalty pay Central Region

Discussion in 'UPS Union Issues' started by 40andOut, Sep 24, 2013.

  1. 40andOut

    40andOut Guest

    Reading over the proposed Central Region Supplement, I see no changes that would indicate we will gain access to penalty pay for excessive overtime. If it is the wording in the National Master that obtains the penalty, why have drivers in the central region (or perhaps just my local?) not been awarded penalty pay up to this point....as drivers in other parts of the country have?

    Does the new National Master make it easier or harder to obtain penalty pay... especially in the Central Region?

    For those who are receiving double time now, what is the procedure you have to follow? If you win your 1st grievance as I have , do you automatically get the penalty pay for subsequent grievances? (have filed 6 in 4 months) Or is my business agent just full of you know what?

  2. brownmonster

    brownmonster Man of Great Wisdom

    Other areas pay the penalty without reducing the hours. We don't get penalty pay but the hours get reduced if you file. Allegedly.
  3. 40andOut

    40andOut Guest

    Well that is not working so well is it. Why is our region excluded? I see nothing in the central supplement that excludes us.

    Can anyone tell me if the new contract changes the inability to get penalty pay for the central region?
    If not, this contract supplement is a complete no vote for me.

    The "40 hour work week" was one of the big accomplishments of organized labor.

    It is about time we demand the right to have time with our families.

    They DO NOT own our time; we are not slaves.

    A reminder... Avg paid day was 8.5 hrs when I started driving, which went to 8.75 and now to 9.3 and more.

    It is time for the greed to stop.
    Lasted edited by : Sep 25, 2013
  4. Inthegame

    Inthegame Well-Known Member

    Your post makes no sense. Do you want penalty pay, or lower dispatch to spend time with your family? Not sure who's being greedy here?
  5. chuchu

    chuchu Guest

    Im a steward in the Central and for a few years our company minded BA told us that the penalty pay wasn't for us and our only recourse was to strike because the company wasn't honoring the contract (striking locally is something the IBT wants to take away from us in the Central Supp language and only allow it if the National Package Director allows it!) and in the last two years he said they were allowing the penalty paid now at the state panel (Ohio).

    If you've filed 6 in 4 months you've done your job. Tell the BA you're going to call the labor board if you don't get relief from this abuse. You SHOULD BE getting the penalty pay and normally when that happens your dispatch gets fixed.

    Get the last contract book and read Art 37 for yourself and put that language on your next grievance and add harassment to the issue.

    Why do we pay crooked BAs to withhold justice? Vote them out too.
  6. 40andOut

    40andOut Guest

    I'll explain my post since you admit you don't understand, or perhaps willfully pretend not to understand.

    I want my dispatch lowered to spend time with my family.
    I want the penalty imposed to pressure UPS to cut my hours...exactly what the penalty is for. As chuchu points out "normally when that happens your dispatch gets fixed"

    My comment "It is time for the greed to stop" follows my comments that the average paid day has been continually rising over the years. That is because (by UPS's own admission) they make more money paying overtime vs streeting more trucks and drivers. We don't have to accept 10 hour days as normal partialy because it has not always been this way.

    Forcing drivers to work excessive hours for larger profits undermines the very purpose of work. Not to mention denying the dignity of the human person.

  7. Dracula

    Dracula Package Car is cake compared to this...

    I guess I feel your pain. OK, I don't, because my choice is to work long and hard now, and retire early. I'm in no hurry to make the impossible to happen, so I earn...for me and my family.

    The bottom line is this place will eat your lunch until you learn to ride the right side of the lightning.
  8. chuchu

    chuchu Guest

    We had several guys file 9.5s lately and they got their issues fixed with no repercussions.

    They got tired of not being home long enough to see their families and not having much quality time with their wives.
    Once they got past the "fear factor" of filing they got the change in their situation they wanted. It just depends on your personal preference. Time or money. Cats in the cradle.
  9. 40andOut

    40andOut Guest

    So no one seems to know why the central region generally does not get the penalty? Judging by posts from others on this forum I am not the only one who has run into this. since no one can point to language in the central supplement that explains the disparity between the central and other regions; I will have to assume this problem will continue to exist if the new supplement is passed.
  10. chuchu

    chuchu Guest

    The company is paying it at the state panel NOW. (In Ohio).
  11. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Did you miss the part.... where the Central Region will be covered under Art. 37 now ?

    Umm.... Why do you think penalty pay doesn't exist in the Central now ?

    It's not. Never has been.

    The Article 37 language, was modeled after language we have had in the Central Region for (40) years. It use to be 10 hours.

    What Local ?

    I know everyone.... in every Local in Ohio.

    And that.... is the reason you have to file. Some people want the overtime. Others.... need it.

    Where are you getting this information ??

    They have been for some time.

    The Docket at the JAC panels was 30 and 40 pages long.... Just for 9.5 issues. (For several years)

  12. chuchu

    chuchu Guest

    Our BA AND the Central States Rep at the IBT office told us that language doesn't cover us in the Central. They said we could only strike. That is the end of the story....until two yrs ago the BA said "the company is now paying the penalty at the panel". That's all we were told. We really don't like or trust our BA. But the IBT backed him up on it. Your post is the first rebuttal I've seen. Thx for the update.
  13. MangoMango

    MangoMango Member

    I too am sick of the excessive overtime. I am aware that some want and need it. I would love an 8 hour day.
  14. 40andOut

    40andOut Guest

    I am not in Ohio but I have been in the Central Region for over 30 years. I am not a Union rep, but of the 30 or so drivers that I know who have filed 9.5 grievances none have received penalty pay. I filed 6 grievances this summer. I have previously won a grievance at JAC for 9.5s. At my hearing for my summer grievances with the Labor manager and the center manager, the Business Agent asked what I wanted. I responded penalty pay. He said that wasn't going to happen. They all agreed that my hours should be cut so I will probably have my stops go down for a 2 weeks or so. Obviously from brownmonster's, chuchu's and others comments our local is not the only one in the Central where the penalty pay is either never awarded or perhaps never persued by the Business Agents. In any case my claim for the penalty should have been a slam dunk since management even says they have no problem with my production (I am consistently under allowed).

    So as to your comments (I am just trying to understand) about article 37 now covering the Central Region and the Central having access to penalty pay..... Will anything change once the new contract goes into effect? Or can I expect de facto exclusion to the penalty as it now works in practice?
  15. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Assuming, that you asked for penalty pay in your grievance.... You need to discuss the issue with the principal officer of your Local.

    Better yet, bring up the issue at your Local's monthly meeting. They having been paying penalty pay in the Central Region ever since the language was put in the Master.

    ​In fact.... Both the Central Region chairmen (from both the Union and company) initially chaired the National committee.

    Also.... the Central region never had a "financial cap" on a monetary penalty. Could be double time.... triple time.... etc.

  16. 40andOut

    40andOut Guest

    Yep, I asked for the penalty on all of the grievances I have filed.

    Has anyone on this forum received the penalty pay? At least 3 of us so far in this thread have been told we could not get the penalty pay.
  17. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Here is the answer.... to your question.

  18. Notretiredyet

    Notretiredyet Active Member

    I'm in Central States and I've received penalty pay recently. It took awhile to get, but I got it. After the first of the year, the coverage guys will be lined up filing to be on the 9.5 list if the TA passes. It's about time that everyone will have an opportunity to have 9.5 rights, although IMO that right should happen when you gain seniority. Something to work on for next time.
  19. cynic

    cynic New Member

    ​IMO, members with a fear factor on filing legitimate grievances should move to RTW states and stop wasting their money on union dues. Or move into management.