Article 41 Section 2(b)...again.

Discussion in 'UPS Discussions' started by Ya Dad, Aug 23, 2018.

  1. Ya Dad

    Ya Dad Pullin' Loads and Talkin' Loads of $%*!

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    TLDR - Top Rate Mon-Fri Air Driver, carried rate to combo inside job, didn't carry rate to Feeder job. Thoughts?
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    So I've brought this up before, except this time I actually made it through my 30 days, so now I am a Feeder driver.

    I was a PM Air Driver and I made it through the 2 year progression. June of 2016 I went Combo inside-inside and my rate was red-circled. I became a Feeder driver back in March, but my rate was dropped to 19.50 instead of bringing in the rate I carried in from PM air to Combo. It was about a 28% paycut. So this:

    (b) No employee shall be required to complete a full-time progression more than one (I) time even if he or she transfers between full-time jobs except as set forth in this paragraph. The sole exception is when an employee is awarded a package car or feeder driver job and has not previously held a full-time job which includes driving duties. In such event, the employee will have a break-in rate equal to the employee’s current wage rate until six (6) months from the date the employee entered the job. The employee will then go to the prevailing top rate. A part-time air driver who has completed the Article 40 progression, bids a full-time inside job and then a driver job within two (2) years shall have the same break-in period.

    There has been a whole conflict within this grievance process about what rate I should be making. Labor is saying that I should be at $21.00/hour because I went full time 2 years ago, and that is the rate for a Feeder driver two years into the full-time progression. My argument against that is it doesn't apply to me because of 41 2(b). I seem to fit the criteria to have my rate brought into Feeders with me, and make top rate six months from the time I started Feeders.

    I've talked to the Feeder DM, I've talked to a member of the labor department, union stewards, my business agent...I had them all convinced at one point until the Labor DM said it should be $21/hour, not air driving top rate, and cited Article 41 2(c).

    So really I just wanna know what you guys think about this. I'm pretty drained from talking to management all of the time, all of the trips I took driving down to the labor department to talk with them in person, talking to the Feeder business agent...I'm just trying to go off the contract, and it seems like everyone around me is just straight up ignoring the last sentence there from 41 2(c).

    Oh, and jokes are cool here, too. I could use a laugh from all of this crap I've been going through.
     
  2. Indecisi0n

    Indecisi0n Well-Known Member

    Why not just file a grievance. That will surely get someone's attention and force them to address it.
     
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  3. Inthegame

    Inthegame Well-Known Member

    Did you know all UPS Labor Managers are ordered to remove mirrors from their house when they take the job?

    You shouldn't be talking to anyone but your BA and asking him/her to explain your rate. If they can't, file a grievance immediately.

    Don't wait and don't waste anymore time talking to Labor.
     
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  4. Ya Dad

    Ya Dad Pullin' Loads and Talkin' Loads of $%*!

    I should have mentioned it in the TLDR, but I filed a grievance back in May.

    So far things aren't looking good. I heard from the chief union steward yesterday that they are getting in contact with the members who wrote the language I am referring to so that we can better understand it. I mean...seems pretty clear to me - - -

    A part-time air driver who has completed the Article 40 progression, bids a full-time inside job and then a driver job within two (2) years shall have the same break-in period.

    I was a part-time air driver who completed the Article 40 progression. I bid a full-time inside job June 2016. I bid a driver job March 2018. What's not to get?
     
  5. Ya Dad

    Ya Dad Pullin' Loads and Talkin' Loads of $%*!

    So I looked at my paycheck last week and saw that my currrent pay rate jumped to top rate. This has been 6 months since started Feeders, so it goes along with Article 41 2(b). I have a panel slated for the 26th but after I talked to my business agent about this, he recommended that I put a hold on the panel until he can figure more out.
     
  6. CoolStoryBro

    CoolStoryBro Active Member

    There is another part in the contract somewhere that explains it... you still have to serve the rest of the progression for feeder. 2 years you did already count towards whatever total progression feeder is.

    So you should start at whatever a 2 year feeder driver makes. Then go to top rate in 2 more years (assuming there is a 4 year progression now).
     
  7. Wally

    Wally BrownCafe Innovator & King of Puns

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  8. Smashmouth

    Smashmouth Active Member

    I agree with you that the language seems to clearly state you should have carried your pay rate with you, and I also agree that after their first denial, I wouldn't have anymore discussions about it with anyone but my BA, and even then I'd be prepared to go over his head. But that being said, if you have now reached top pay, you may want to take his advice and hold off on the panel and maybe think about dropping it all together. Would suck to go to panel and have them agree with Labor and get bumped back down to the two year progression level, and have to pay back the "extra" money from your "top rate" checks. Tread carefully my brother!
     
  9. Ya Dad

    Ya Dad Pullin' Loads and Talkin' Loads of $%*!

    Where
     
  10. Ya Dad

    Ya Dad Pullin' Loads and Talkin' Loads of $%*!

    Yeah I've thought about dropping it, but if I do, then what's to stop them from taking away my top rate, you know? It's like, I'm dropping the argument and saying, "ok nevermind, you win". Idk.

    I'll come back and post an update as soon as something happens.
     
  11. UnconTROLLed

    UnconTROLLed perfection

    I will say this; we have a former FT air driver, who completed (FT) air 22.3 progression, and bid an inside only 22.3 job. Their pay rate was cut back to progression rate. This has been grieved and is going to panel (it's been months now, since perhaps May or June this came up). This seem to me, to be harassment and wage theft against this particular person, even more so than trying to establish a position of past practice.

    The company also threatened to do this to me around 10 years ago, there's a few threads on the union side back from 2010. From what I remember, the union didn't have my back until I went outside of our local. But the contract clearly states "no FT will complete more than one FT progression.." or to that effect.

    Different situations but very similar company stances.
     
  12. Smashmouth

    Smashmouth Active Member

    Well maybe like your BA suggested, put it on the back burner for a while and have him drag his feet on it. It seems like someone in accounting or payroll must know and be applying the language correctly for you to have gotten top pay on your checks at the exact time you were supposed to. So letting that go a little while may just become more evidence to bolster your case. Just put that extra cash in a separate account....JIC
     
  13. Ya Dad

    Ya Dad Pullin' Loads and Talkin' Loads of $%*!

    My business agent called last week asking what I wanted to do with the grievance. At the time he called, it was still on a union hold and he asked what I wanted to do going forward. I told him that my rate of pay has been fixed for some time now and that despite Labor's threats of bringing it back down, it has not happened. He then suggested that I withdraw the grievance...why would I do that?? What's to stop them from taking my pay rate away if I withdraw the grievance?! So then he recommend that I put it on a personal hold. I told him there was nothing more I could do to research my case any further. My argument with Article 41 2b still stands. He still said I should put it on a personal hold so that maybe "we" can find more out (we meaning him and the union). So that's what I did. The grievance that is slated for panel is now on a personal hold.

    I talked to a union steward about this, and how my rate of pay is fixed and I don't care about the back pay anymore. He suggested that I do a "withdraw with rights". I've never heard of this before. He said it's like a normal withdraw, but if they jack my pay after I withdraw it, the grievance becomes active again.

    Anyone else heard of "withdraw with right" in regards to a grievance??
     
  14. Inthegame

    Inthegame Well-Known Member

    Did you tell your BA you longer desire back pay?

    If yes, your steward gave you better advice than your BA. 'Withdrawn with rights' is a common procedure when an issue is fixed but could be resurrected.

    To be fair to the BA, the panel rules probably allows limited "holds" before docketed cases must be adjudicated.

    That or he/she is worried you could lose the case and your present (correct) pay rate could be lowered.

    The longer UPS pays you correctly, the less likely they will try to revisit.

    Good luck.