Overpaid Union Thug
Well-Known Member
Filing on ALL days over 9.5 as harassment seems to bring down the stop counts.
Continually over 9.5
- Thread starter Brownslave688
- Start date
Rack em
Made the Podium
That was ONE outstanding grievance from 2016. There has been a precedent set that 3 or more days over 9.5 in a week is a paid grievance. Any BA worth a damn can reference previous paid grievances and there's no way an arbitrator would say that all of the sudden things change.
Brownslave688
You want a toe? I can get you a toe.
I’d be happy if the BA didn’t say we can’t file for pile on.
They are notorious here for giving you more work if you’re already over 9.5. Oh you’re already over. Go ahead and cover these pick ups and take stops off x driver.
scooby0048
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I'm playing devil's advocate here but I read the decision rendered by the arbitrator and honestly, I can't see how the appellant would argue he was continually violated. If I read the facts of the case correctly, being over (1) time in five months is really reaching.
I think the arbitrator's decision would have been quite different had the appellant demonstrated and documented, actual continual excessive overtime. Five months is what, 22-26 weeks or so? I would argue that had the appellant been worked 6-8 times over 9.5 hours during those five months and filed, there would have been a demonstrated AND documented definition of continual and I believe the arbitrator would have ruled in favor of the appellant. There is no history to make the case.
This decision sets us back a bit but if the proverbial ducks were in a row and the I's are dotted, it would be a slam dunk case and one where triple time penalty pay would be paid. Just because we drive trucks and deliver packages for a living does not mean we can't present a good case, we just have to make sure to document everything, all the time, then there will be documented and demonstrated pattern of harassment ie; working over 9.5hrs {continually}
542thruNthru
Well-Known Member
I will agree that there is a precedence set. I know that we (542) have had many grievances paid for just 3 days in a work week and no other violation. We just had 1 last week paid for even less the 90min.
Though if these grievances were all taken to Arbitration I don't know how that would play out with the new ruling. The company has the money to do this. Local unions are not as fortunate.
542thruNthru
Well-Known Member
Do you mean 6-8 weeks or 6-8 days?
If you mean weeks I disagree. 3 or 4 weeks is excessive and continual in my book.
Though I agree. 1 week and I believe towards the end of the 5 months and he was sent help to make 9.5. I think he was trying to prove a point and it backfired on us all.
burrheadd
KING Of GIFS
Seems kind of silly to take this case to arbitration when there are many stronger cases to be found
El Correcto
god is dead
I’d actually be happy with this. I hate 9.5’s that are only an hour or so over a week.
If I’m going to take time to file, I like it to be a couple hundred dollars for my time.
Overpaid Union Thug
Well-Known Member
He is ignoring crystal clear language in the master contract. I’d bring this to the attention of the local prez. If that doesn’t work then NLRB.
Brownslave688
You want a toe? I can get you a toe.
They like to do this on Thursday and Friday when they’ve kept you under mon,tues,wed
El Correcto
god is dead
Oh that’s bull
and your ba is garbage.
scooby0048
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I see the confusion. For this example though, it doesn't matter if it is days or weeks just 6-8 times violated. If the appellant was worked over twice a week it would still equate to three or four weeks being put over. That's excessive no doubt. And, for that he, (appellant) should have been awarded the penalty pay. If the appellant worked over just one day a week, he would be put over 6-8 weeks. That's also excessive when it is roughly 1/4 of the entire time being on the 9.5 list.
For both those examples the appellant was worked roughly 1/4 to 1/5 of the five months which is excessive. The point is, the case presented was abysmally weak and should never have been brought forth and in doing so, it caused an unfavorable arbitration which means from this point on, we will need to document document document to build a strong case.
Brownslave688
You want a toe? I can get you a toe.
That would be so easy to get records for also.
BigUnionGuy
Got the T-Shirt
Why aren't people filing on this ?
"The Company will not assign excessive over-time on the two (2) remaining days within the workweek in order to retaliate against a driver for opting onto the 9.5 List."
https://teamster.org/sites/default/files/ups18nationalmaster.pdf
Brownslave688
You want a toe? I can get you a toe.
BigUnionGuy
Got the T-Shirt
scooby0048
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That's great and all to be aggressive and not take no for an answer but what do you do when your BA refuses? Totally unrelated to the 9.5 decision, but we have a route that has been running continually for 60 or so days. Nothing has changed on the route and there has been no one hired specifically for the route.
A driver attempted to file since it has been in existence for that time to be made permanent. Our BA has told the driver to not file the grievance as the company has requested from the union, that we not file for this particular route right at the moment. The route is now posted online to be filled from the outside. So now what?
BigUnionGuy
Got the T-Shirt
Always write on the grievance "I request to be present at any and all steps of
the grievance procedure" and tell the BA you expect it to be processed.
After that, contact the principal official and explain the situation and the possibility
of labor board charges for failure of "duty of fair representation".
scooby0048
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Our principle officer was our BA and our new BA was trained by him. Guess we will see what doesn't happen.
Thanks for the info though.
Brownslave688
You want a toe? I can get you a toe.
It ain’t all sunshine and rainbows for all of us
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