Clarification on Article 15 (Central Supplement)

K

km3

Well-Known Member
"Except as otherwise provided by this agreement, regular seniority employees required to work on any of the above named holidays shall receive double his/her regular hourly rate..." (15.4)

So does this mean that if I volunteer to work those days, I don't get 2x pay?

I'm also curious about the discussion in the UPS Discussions forum about being "required" to work on the day after Thanksgiving. The above excerpt from the contract somewhat contradicts language in 15.1 where it says that you cannot be "required" on those 8 named holidays. Since the supplement is ambiguous in this area, I'll just come straight out with it: Can the company force you to work on those days, or not?

The second question is mostly for informational purposes; I'm just curious. I was intending to work if it was offered or available anyway, it's the first question I'm really interested in. I will, of course, be speaking with my steward as soon as possible (hopefully tonight), but I always like to get a second opinion when I can.

Thanks.
 
Mugarolla

Mugarolla

Light 'em up!
Bastiatian said:
"Except as otherwise provided by this agreement, regular seniority employees required to work on any of the above named holidays shall receive double his/her regular hourly rate..." (15.4)

So does this mean that if I volunteer to work those days, I don't get 2x pay?

I'm also curious about the discussion in the UPS Discussions forum about being "required" to work on the day after Thanksgiving. The above excerpt from the contract somewhat contradicts language in 15.1 where it says that you cannot be "required" on those 8 named holidays. Since the supplement is ambiguous in this area, I'll just come straight out with it: Can the company force you to work on those days, or not?

The second question is mostly for informational purposes; I'm just curious. I was intending to work if it was offered or available anyway, it's the first question I'm really interested in. I will, of course, be speaking with my steward as soon as possible (hopefully tonight), but I always like to get a second opinion when I can.

Thanks.
Click to expand...

You are informing UPS that you are a available to work. You are not volunteering.

If they give you a start time and tell you to come in, you are required to work.

Whether you "volunteer" or are forced to work, it is double time in the Central.

And yes, the two sections contradict each other. But UPS can force you to work, in the Central, but they cannot physically make you come in.

They will threaten all they want, but it is just an attendance ocurrence if you do not come in.

If you come in, it is double time.
 
tourists24

tourists24

Well-Known Member
The Atlantic Area language is pretty straight forward. If you work you are paid 8 hours holiday pay plus time and a half for all hours worked for that day. Also guarantee of 8 hours. And yes, this is now a normal work day for all drivers here
 
BigUnionGuy

BigUnionGuy

Got the T-Shirt
tourists24 said:
The Atlantic Area language is pretty straight forward. If you work you are paid 8 hours holiday pay plus time and a half for all hours worked for that day. Also guarantee of 8 hours. And yes, this is now a normal work day for all drivers here
Click to expand...


The Central Region language, is also "straight-forward".

The only difference, being.... Double time + holiday pay.
 
Bubblehead

Bubblehead

My Senior Picture
BigUnionGuy said:
The Central Region language, is also "straight-forward".

The only difference, being.... Double time + holiday pay.
Click to expand...
Does the Atlantic Area Supplement include this verbiage?

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-regardless
of the day of the week on which the named holiday falls, provided
they comply with the qualifications set forth hereinafter.
 
Bubblehead

Bubblehead

My Senior Picture
BigUnionGuy said:
Certain crybabies....

Will offer their "opinion" on why that sucks.
Click to expand...
I always work that day, I just don't agree that the Central Region language supports that anybody should be "required to work" the day after Thanksgiving, outside the conditions outlined in Article 40 of the National Master.
 
tourists24

tourists24

Well-Known Member
Bubblehead said:
Does the Atlantic Area Supplement include this verbiage?

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-regardless
of the day of the week on which the named holiday falls, provided
they comply with the qualifications set forth hereinafter.
Click to expand...
No it does not. It just says that these days are called "named" holidays. That if we work on those days we get time and a half on top of holiday pay
 
Bubblehead

Bubblehead

My Senior Picture
tourists24 said:
No it does not. It just says that these days are called "named" holidays. That if we work on those days we get time and a half on top of holiday pay
Click to expand...
What does "a regular seniority employee shall not be required to work" mean to you?
Do you see any wiggle room there?
 
tourists24

tourists24

Well-Known Member
Bubblehead said:
What does "a regular seniority employee shall not be required to work" mean to you?
Do you see any wiggle room there?
Click to expand...
Well I went and looked at the language. It looks like there are two different definitions. Both are clear in and of themselves, but together Im not sure. Is it correct that Im guessing that Section 4 is the one being followed?
 
Bubblehead

Bubblehead

My Senior Picture
tourists24 said:
Well I went and looked at the language. It looks like there are two different definitions. Both are clear in and of themselves, but together Im not sure. Is it correct that Im guessing that Section 4 is the one being followed?
Click to expand...
Could Section 4:

Except as otherwise provided in this Agreement, regular seniority
employees required to work on any of the above named holidays
shall receive double his/her regular hourly rate for all hours worked
with a guarantee of eight (8) hours for full-time employees and four
(4) hours for part-time employees.

...be referring to:

ARTICLE 40
(j) Holiday Work
When it is necessary to provide air service on holidays, the following
procedure shall be used:
(1) The Employer shall offer this work in seniority order to fulltime
air drivers who have worked at least one (1) day that week
before offering it to part-time air drivers.
(2) When the scheduling needs cannot be met using the above pro
vision, the Employer shall have the right to force part-time air drivers
and then full-time air drivers to work starting in reverse order of
seniority. If after exhausting the above steps scheduling needs are
still not met, the Employer shall offer the work in seniority order
within the package driver classification. If more drivers are still
needed the reverse seniority order concept will be used for package
drivers. Package car drivers who work on a holiday may make a
written request for an eight (8) hour guarantee. Such written request
shall be made the last work day prior to the holiday. All time worked
by these drivers on a holiday will be paid at the Supplemental holiday
rate.

Which is validate by:

ARTICLE 40. AIR OPERATION
Preamble
In order for the Employer, the Union and the employees to further
benefit from the expanding air operations, the following Sections
shall supersede language on the same subjects in the Supplements,
Riders and Addenda, unless specifically stated otherwise in this
Article.
 
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