Forced in on day off
- Thread starter DRporch
- Start date
Mugarolla
Light 'em up!
The Central specifies the employees 6th or 7th day "worked", not just the employees 6th or 7th day.
I would be interested to see the grievance resolution on that.
I'm sure UPS didn't just accept that it meant the 7th day, and not the 7th day worked and that it had to be settled through the grievance process.
Bubblehead
My Senior Picture
It took me awhile to reconcile the difference between my "scheduled workweek" and a "pay period".
Here, the sixth or seventh day is determined by your "scheduled workweek", not the beginning or end of a specific "pay period".
For example a M-friend driver's 6 and 7th punch would be Sat or Sun, while a Tues-Sat driver's would be Sun and Mon.
....and yes, you must have actually "worked" all of the days necessary to constitute a sixth or seventh "punch".
I think this is validated by the Company having the right to work other employees in that classification at straight time "who had not yet had the opportunity to work five days", before recognizing seniority for these additional days.
ing god dam Union better straighten this
Mugarolla
Light 'em up!
I agree.
Again, I agree. At least in the Central.
@UPSjedi41 says that in Local 705, it is not whether you actually work 6 or 7 days to get time and a half, or double time, it is based on the 6th or 7th day of the workweek.
In other words, on a T-S job, you would get double time for Monday even if you called in a couple of days during the week.
Even if you did not actually work 6 or 7 days.
I would like to see the grievance settlement, or ruling, on this.
Hmmm...a T-S schedule is still five days. Why, in any case, would working Monday (a sixth day) be counted as a seventh?
thatsatommorowproblem
Active Member
it's counted as our 7th day... I've worked a few Monday's and been paid double time the whole day..
So in L705, is all sixth day work paid at double time, or only to those on T-S that work on Monday?
BigUnionGuy
Got the T-Shirt
A sixth punch can be considered a seventh day ? That doesn't sound right.
Here's an interesting little tidbit;
In the Central Region, prior to 1976, there was no contractual provision for working
a sixth or seventh day. Between 1976 and 1993.... a sixth punch was time and 1/2
and Sunday was straight double time. In 1993 it went to double time on a seventh.
-Bug-
thatsatommorowproblem
Active Member
for us.. in 705 for the Tuesday through Saturday guys... Sunday is considered our 6th day and Monday is our 7th and if you only work a couple of days you are still entitled to time in half on Sunday "not happening" but Monday is double time no matter what
BigUnionGuy
Got the T-Shirt
Is that contractual language ? Or, the result of an arbitration case ?
Either way.... kudos to your Teamster negotiating team.
How long has this been in effect ?
Thanks.
-Bug-
Mugarolla
Light 'em up!
Here's the only thing I can come up with, that's why I said there must have been a grievance on this and a settlement reached because I do not see UPS willingly giving this up.
Article 4
Section 1
Effective August 1, 2003 package car drivers may also be scheduled on the alternate schedule of
either Sunday through Thursday or Tuesday through Saturday. For those employees scheduled on
the above alternate workweeks, All work performed on the employee’s sixth (6th) day shall be
paid at time and one-half (11/2). All work performed on the employee’s seventh (7th) day shall
be paid at double time.
This does not say the 6th day worked, or the 6th punch, or 6th report.
Taken at face value, this says the employees 6th, or 7th day (in a week).
For a T-S driver, his 6th day would be Sunday and his 7th day would be Monday. So working Monday is double time, his 7th day (the 7th day of the week).
The Central specifically says days "worked."
Article 12
Section 9
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.
The Southern specifically says "report."
Article 58
Section 1
Any employee who works on the sixth (6th) report shall be paid
time and one-half (1-1/2) the straight time hourly rate for all work
performed on that day. Any employee who works on the seventh
(7th) report shall be paid double (2) the straight time hourly rate for
all work performed on that day.
The Atlantic specifically says "report."
Article 53
Section 2
An employee who works on the sixth (6th) report shall be paid time and one
half (1-1/2) the straight time hourly rate for all work performed on
that day. An employee who works on the seventh (7th) report shall
be paid double (2) the straight hourly rate for all work performed on
that day.
Central Pennsylvania, Western Pennsylvania, Northern California, Metro Philadelphia all specifically say "worked" or "report."
Mugarolla
Light 'em up!
I posted this before I saw that you just did also.
Looks like exactly what I surmised. The actual 6th or 7th day of the week, not necessarily the 6th or 7th day worked.
I am interested in this also.
To further the thought...
The above bolded is from the L710 book. (L705 is similar) Also in that section heading are the words 'Full Time Employees' yet the sentence following the above bolded section states "This language applies to both part-time and full-time employees". The last paragraph in the same section then says "any employee called or put to work on his scheduled day off shall be compensated at the rate of time and one-half his regular straight time rate."
The lesson here is to keep language as ambiguous as possible and then buy the arbitrator a case of whiskey, every year!
Mug, thanks for the research, you are very appreciated.
Mugarolla
Light 'em up!
I like ambiguity.
Bubblehead
My Senior Picture
A question for our resident "experts", @BigUnionGuy , @Inthegame , and @Mugarolla :
I am curious to know whether the language in Article 12 of the Central Region Supplement that requires the Company to schedule us five consecutive days for the following week, on the last scheduled workday of the week preceding....
....includes when we are "required" to work a sixth or seventh day "at the Employer's request"???
Simply put, can we be "required", if not properly scheduled for the week?
I wouldn't feel a need to ask, had it not been for the "ambiguity" of the word "required" already trampled on in Article 15 in regards to working holidays that "no employee shall be required".
I am curious to know whether the language in Article 12 of the Central Region Supplement that requires the Company to schedule us five consecutive days for the following week, on the last scheduled workday of the week preceding....
....includes when we are "required" to work a sixth or seventh day "at the Employer's request"???
Simply put, can we be "required", if not properly scheduled for the week?
I wouldn't feel a need to ask, had it not been for the "ambiguity" of the word "required" already trampled on in Article 15 in regards to working holidays that "no employee shall be required".
UPSjedi41
Well-Known Member
It’s contractual language. I thought it was weird too but the Local 705 has strong language for different things that gives us a better deal than the rest of the country. The other big one is all cover drivers can be on the 9.5 list regardless of having 4 years seniority or not. Also it doesn’t matter if you cover a route for a week or 5 different routes in a week.
BigUnionGuy
Got the T-Shirt
There are only 2 ways, I could offer my opinion on this question.
If not scheduled and the company tried to discipline you, obviously grieve it.
Or, file a grievance asking for an interpretation. In my Local it's always been a gray
area and I've seen it go both ways. The company has maintained they can
force in with it not being scheduled, by virtue of 24 hrs notice. Problem being....
There's no language supporting that, or any interps supporting that.
(that I've ever seen) Last year they scheduled a Saturday for everyone. So far
this year, they ask from the top and force from the bottom.
-Bug-
Mugarolla
Light 'em up!
At face value, no. My opinion, no.
There is no clause in the Central allowing the Company to change your schedule midweek.
But, this working Saturdays during peak only started last year. Basically something pretty new and, as far as I know, unchallenged.
Here, at least, no employee has been disciplined for not working a Saturday that they were "required" to work that was not posted the previous week.
Was this day counted as an attendance occurrence and will it come into play sometime down the road? Only time will tell and we may then get a panel decision.
