Can UPS Make you work a 6th or 7th day?

Bubblehead

My Senior Picture
Not in the Central.

ARTICLE 12-HOURS OF WORK

Section 9-Full-Time and Part-time Employees

All work performed on the employee’s sixth (6th) day shall be paid
at time and one-half (1 1/2). All work performed on the employee’s
seventh (7th) day worked shall be paid at double time.
Does a paid holiday count towards a 6th day?
 

Mugarolla

Light 'em up!
Central Region Supplement

Article 12

Section 8

In a scheduled workweek in which there is a paid holiday, the guaranteed workweek shall be thirty-two (32) hours; in any scheduled workweek in which there are two (2) paid holidays, the guaranteed workweek shall be twenty-four (24) hours, etc. For hours worked in excess of thirty-two (32) or twenty-four (24) hours in a week, as applicable, an employee shall be paid at the rate of one and one-half (1 1/2) time the regular straight-time rate, provided the holiday or holidays fall within the scheduled workweek.
 
Central Region Supplement

Article 12

Section 8

In a scheduled workweek in which there is a paid holiday, the guaranteed workweek shall be thirty-two (32) hours; in any scheduled workweek in which there are two (2) paid holidays, the guaranteed workweek shall be twenty-four (24) hours, etc. For hours worked in excess of thirty-two (32) or twenty-four (24) hours in a week, as applicable, an employee shall be paid at the rate of one and one-half (1 1/2) time the regular straight-time rate, provided the holiday or holidays fall within the scheduled workweek.
Nice language
 

Bubblehead

My Senior Picture
Central Region Supplement

Article 12

Section 8

In a scheduled workweek in which there is a paid holiday, the guaranteed workweek shall be thirty-two (32) hours; in any scheduled workweek in which there are two (2) paid holidays, the guaranteed workweek shall be twenty-four (24) hours, etc. For hours worked in excess of thirty-two (32) or twenty-four (24) hours in a week, as applicable, an employee shall be paid at the rate of one and one-half (1 1/2) time the regular straight-time rate, provided the holiday or holidays fall within the scheduled workweek.
So Is Saturday the 25th (Nov), Time and a half or double time since there is 2 holidays in the week?

Below is my Normal....
M-friend Normal week with Saturday being my normal 6th punch and Sunday being my 7th..
Why wouldn't being "required" to work Friday (a paid holiday), and subsequently Saturday, on a week that has two holidays within the scheduled workweek, not constitute Saturday as a 7th punch?
 

Mugarolla

Light 'em up!
So Is Saturday the 25th (Nov), Time and a half or double time since there is 2 holidays in the week?

Time and a half.

There is 2 holidays, meaning the work week is 24 hours.

Saturday would be time and a half since you already worked 24 hours, Mon, Tues and Wed.

Why wouldn't being "required" to work Friday (a paid holiday), and subsequently Saturday, on a week that has two holidays within the scheduled workweek, not constitute Saturday as a 7th punch?

Because a holiday does not constitute a punch.

You get time and a half for Saturday not because it is a 6th punch, but because you already worked 24 hours in a week in which there is 2 paid holidays.

Saturday would only be your 5th punch. Mon, Tue, Wed, Fri, Sat.
 

Bubblehead

My Senior Picture
I told you it did, but it actually kind of does.

A holiday does not really count as a punch.

But it does reduce the guaranteed workweek by 8 hours, in a sense counting as a punch toward your 6th.
I understand how it is being "interpreted".
Just have a hard time with the "because we said so" mentality.

What I was hoping to do is explore the semantics of yet another fairly ambiguous article in the Central Region Supplement, a kin to Article 15 sec 1 and 4, with it's contradicting language regarding being "not required to work a named holiday" in sec 1, only to be told "as otherwise required" later in section 4. (still think that is in reference to Art 40)

How is saying that a holiday reduces a guaranteed workweek by 8 hours, not the same as it counting towards a punch and wouldn't it have been much clearer to say in addition that holiday pay does not count towards a 6th or 7th day worked?
I don't see the two notions as being connected within the contractual language as it is.

Why is it our Union doesn't see the ambiguity of these articles before signing on and why don't they fight when the Company tries to jump through these perceived loopholes?

Sometimes I feel as if I am at a disadvantage being able to read and comprehend "literally" what is written, rather than possess the ability to read between the grey lines.

I know several BA's in the past who loved to joke about a secret decoder ring.

secret+decoder.jpg


....maybe it wasn't a joke?
 
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Mugarolla

Light 'em up!
How is saying that a holiday reduces a guaranteed workweek by 8 hours, not the same as it counting towards a punch

Because you did not actually work that day. Did not punch in.

But the Article accounts for the Holiday so as to get time and a half for working over 32 hours, or 24, however many Holidays are in the week.

It diminishes the 6th punch language, to a degree. The Holiday does not count toward a 6th, or 7th punch.

wouldn't it have been much clearer to say in addition that holiday pay does not count towards a 6th or 7th day worked?

Yes.....too easy.
 

RealPerson

Well-Known Member
Because you did not actually work that day. Did not punch in.

But the Article accounts for the Holiday so as to get time and a half for working over 32 hours, or 24, however many Holidays are in the week.

It diminishes the 6th punch language, to a degree. The Holiday does not count toward a 6th, or 7th punch.



Yes.....too easy.

Yes, but for insurance if you are off a week (non vacation)
Take an Optional -- It is considered a Punch as you do not lose insurance.
Holiday during the week you are off (non vacation) -- it is my understanding you do not lose insurance then either..

Punch, Pay, Holiday, Optional, Work Week, 6th, 7th

If it was completely clear, then we wouldn't need the BA.....
 

BigUnionGuy

Got the T-Shirt
Does a paid holiday count towards a 6th day?

In the Central, yes.


Yep.


So Is Saturday the 25th (Nov), Time and a half or double time since there is 2 holidays in the week?


Time and a half.


Why wouldn't being "required" to work Friday (a paid holiday), and subsequently Saturday, on a week that has two holidays within the scheduled workweek, not constitute Saturday as a 7th punch?


The 2 holidays are compensable time.

If you are required to work them.... you are appropriately compensated.

They can't be additionally credited, as additional punches.

The same concept as pyramiding of overtime.


I understand how it is being "interpreted".
Just have a hard time with the "because we said so" mentality.

What I was hoping to do is explore the semantics of yet another fairly ambiguous article in the Central Region Supplement, a kin to Article 15 sec 1 and 4, with it's contradicting language regarding being "not required to work a named holiday" in sec 1, only to be told "as otherwise required" later in section 4. (still think that is in reference to Art 40)

How is saying that a holiday reduces a guaranteed workweek by 8 hours, not the same as it counting towards a punch and wouldn't it have been much clearer to say in addition that holiday pay does not count towards a 6th or 7th day worked?
I don't see the two notions as being connected within the contractual language as it is.

Why is it our Union doesn't see the ambiguity of these articles before signing on and why don't they fight when the Company tries to jump through these perceived loopholes?

Sometimes I feel as if I am at a disadvantage being able to read and comprehend "literally" what is written, rather than possess the ability to read between the grey lines.

I know several BA's in the past who loved to joke about a secret decoder ring.

secret+decoder.jpg


....maybe it wasn't a joke?


You're reading way to much.... into it.



-Bug-
 

Bubblehead

My Senior Picture
You're reading way to too much.... into it.



-Bug-
Perhaps....????

....and Article 15 could also be spelled out in plain English in the supplement, instead of it's present sloppy, vague, and contradicting version.

This would prevent us from "reading way too much into it"?

Scenarios are changing rapidly, so should this language.

The opportunity is now?



~Bbbl~™
 

BigUnionGuy

Got the T-Shirt
Article 15 could also be spelled out in plain English in the supplement, instead of it's present sloppy, vague, and contradicting version.


We've gone over this before.

If you read the Article.... and follow the natural progression.... it makes complete sense.



-Bug-
 

Bubblehead

My Senior Picture
We've gone over this before.

If you read the Article.... and follow the natural progression.... it makes complete sense.



-Bug-
"It makes complete sense" only when you read it.

When it is applied, it gets as fuzzy as a moldy peach.

A regular seniority employee shall not be required to work on the following eight (8) named holidays-New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Day and New Year’s Eve

Seems pretty cut and dry?

Come on @BigUnionGuy, break ranks for once and admit this language needs repair.


~Bbbl~™
 

brownmonster

Man of Great Wisdom
"It makes complete sense" only when you read it.

When it is applied, it gets as fuzzy as a moldy peach.

A regular seniority employee shall not be required to work on the following eight (8) named holidays-New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, day after Thanksgiving Day, Christmas Day and New Year’s Eve

Seems pretty cut and dry?

Come on @BigUnionGuy, break ranks for once and admit this language needs repair.


~Bbbl~™
I took the day off.
 
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