Can EAM drivers file 9.5 papers to keep hours down?

[scottneedsthis]

I'm a 28 year veteran full time driver and start at 6:45 AM doing EAM delivers. (This is a bid position) I have been told I can't file 9.5 papers to keep my hours down by UPS managers. My local union Business Agent told me the same thing!!!!, but I haven't read anything in the contract that says EAM driver's like me are exempt from filing 9.5. So I end up working 10.5-12.5 hour days because I have a UPS store that can't be closed out until 6PM or later so my stop count is kept high because supervisor wants me "working" with no dead time. (I contacted a union rep from back east in New York area that said I can file 9.5. I am waiting for his response on how to do this without the support of my local Business Agent) Does anyone have any experience with this matter? Has anyone, anywhere tried to file 9.5 papers doing this "extra" work or anything else that is a bid job that starts them earlier than regular start time and what happened with you? Do I have any recourse using the contract? (Even if I do, how do I handle my local BA not supporting my claim?)

 

[menotyou]

Think carefully. Make sure this is a step you want to take.

 

[UPSGUY72]

Some routes are scheduled more that 9.5 hours. When you bid the route what was the time listed next to the route. If the times changed then you might have a case.

However saying that it might be just easier to bid another route if you want to get out early. A 22.3 job should get you your 8 hr and no more as you want.

 

[scottneedsthis]

I've had my "route" for 23 years. Always worked 9-9.5 hours. With the new EDD system my "route" isn't the same.

 

[scottneedsthis]

Why should I think about it? Please tell me what you think. After 28 years of driving, I've seen it all. Other drivers file 9.5 and they are relieved of work without any problems from management. I've only filed 2 grievances in 28 years. I'm not a problem driver. I make there numbers.

 

[BigUnionGuy]

If you are relying on the 9.5 language in Article 37 of the master....

You're out of luck. Reason being.... you bid the route.

Not withstanding, any superior language in your regional supplement or Local rider.



-Bug-

 

[UpstateNYUPSer(Ret)]

Are there are any other drivers who can close out the UPS Store for you?

 

[scottneedsthis]

Are there are any other drivers who can close out the UPS Store for you?

Managers ask, but usually the answer is no from other drivers.

 

[UPSGUY72]

Managers ask, but usually the answer is no from other drivers.

Who was picking up the UPS store before you got it??? They tell you you have to pick up the UPS store but ask the other drivers????

Like I said before if might be time to bid another route. With 28 years you must be able to pick any route you want.

 

[UpstateNYUPSer(Ret)]

Managers ask, but usually the answer is no from other drivers.

I wasn't talking about asking every day----I was talking about having it assigned to another driver to get you in under 9.5. You need to lose work either in the morning or evening and since this is an EAM run losing work in the morning is not an option.

 

[scottneedsthis]

If you are relying on the 9.5 language in Article 37 of the master....

You're out of luck. Reason being.... you bid the route.

Not withstanding, any superior language in your regional supplement or Local rider.



-Bug-

If I started at my regular start time, a 9.5 day is at 7PM. Do you think I would have any luck to at least get me off the clock before 7PM? And yes, I bid on my regular route 23 years ago, but now, most of "my route" is parceled out to the "A" route and a split car, leaving me with more difficult commercial stops. When I bid my route, it was only a 9 hour/day, but as of a few years ago, I have to wait at The UPS Store until 6PM or later.

 

[browndevil]

I'm a 28 year veteran full time driver and start at 6:45 AM doing EAM delivers. (This is a bid position) I have been told I can't file 9.5 papers to keep my hours down by UPS managers. My local union Business Agent told me the same thing!!!!, but I haven't read anything in the contract that says EAM driver's like me are exempt from filing 9.5. So I end up working 10.5-12.5 hour days because I have a UPS store that can't be closed out until 6PM or later so my stop count is kept high because supervisor wants me "working" with no dead time. (I contacted a union rep from back east in New York area that said I can file 9.5. I am waiting for his response on how to do this without the support of my local Business Agent) Does anyone have any experience with this matter? Has anyone, anywhere tried to file 9.5 papers doing this "extra" work or anything else that is a bid job that starts them earlier than regular start time and what happened with you? Do I have any recourse using the contract? (Even if I do, how do I handle my local BA not supporting my claim?)

I am also an EAM driver, this is how we , the union and mgmt handle this. I start at 7:30 we take into consideration what time my route would normally start without EAMs which we came up with 8:30. So minus the first hour I am not to go over 10.5.
Good luck with this

 

[UpstateNYUPSer(Ret)]

I am also an EAM driver, this is how we , the union and mgmt handle this. I start at 7:30 we take into consideration what time my route would normally start without EAMs which we came up with 8:30. So minus the first hour I am not to go over 10.5.
Good luck with this

So if you count that first hour you work 11.5 hours every day?? Start at 7:30am, throw in your lunch and break and you are pushing 8pm?? We start at 9:15am and I am punched out and gone by 18:15 every day and, yes, I take my full lunch and break and I average a 9.0 or higher dispatch.

 

[scottneedsthis]

I wasn't talking about asking every day----I was talking about having it assigned to another driver to get you in under 9.5. You need to lose work either in the morning or evening and since this is an EAM run losing work in the morning is not an option.

I've tried to get another driver assigned to this pick up. No luck. You know UPS. Everyone is at the max, all the time, everyday, even when we are contracting the last few years, or growing before that. ( Although, I've been "assigned" extra pick ups from the "C" route that is dissolved everyday) I've had this UPS Store pick up for 25 years, and it's only been required to wait until 6PM the last 3 years. Before that, I'd leave anytime after 4:30 or so.

 

[UpstateNYUPSer(Ret)]

The 6pm or later is a contractual agreement we have and, yes, it is only in the past few years.

 

[grgrcr88]

Turn in the grievance to your steward, they have to present it to management wether they like it or not. If they refuse it is a failure to adequately represent the member and could be considered an NLRB violation. This is certainly a route you could choose, but would most likely be the end of any friendly relationship between you and any Union official. I would go ahead and file the grievance and see where it goes, you have the right to be present at your hearing nd argue on your own behalf. If you lose however, be very careful of how you handle it from there.

 

[scottneedsthis]

I am also an EAM driver, this is how we , the union and mgmt handle this. I start at 7:30 we take into consideration what time my route would normally start without EAMs which we came up with 8:30. So minus the first hour I am not to go over 10.5.
Good luck with this

Thank you! Good suggestion. But since I start EAM's at 6:45 AM and if I were to punch out at 7PM (a 9.5 day if I started at my normal start time) I still end up working 11.75 hours.

 

[scottneedsthis]

Turn in the grievance to your steward, they have to present it to management wether they like it or not. If they refuse it is a failure to adequately represent the member and could be considered an NLRB violation. This is certainly a route you could choose, but would most likely be the end of any friendly relationship between you and any Union official. I would go ahead and file the grievance and see where it goes, you have the right to be present at your hearing nd argue on your own behalf. If you lose however, be very careful of how you handle it from there.

Thanks! It seems I'm going to have to this. Although, why would it "end of any friendly relationship between you and any Union official"? They are there to represent me to the best of their ability. Or am I missing something? Here's another question......can a request an 8 hour day and expect to be off by 3:15? Or would it be 5:30, which is 8 hours if I started at my normal start time?

 

[scottneedsthis]

The 6pm or later is a contractual agreement we have and, yes, it is only in the past few years.

Funny thing, both my center manager & on road supervisor have said I can leave before 6PM, which I did a couple of times. But The UPS Store owner's told me it won't happen again. The UPS Store owner's want me there until 6PM.

 

[BigUnionGuy]

I've tried to get another driver assigned to this pick up. I've had this UPS Store pick up for 25 years, and it's only been required to wait until 6PM the last 3 years.

You should have filed a grievance 3 years ago. Why is it now a problem ?

Trying to dish out the work to another Driver.... Will certainly put you in the running for "most popular".


File a grievance.... but don't be disappointed by the results.


grgrcr88 makes some valid points.



-Bug-