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FT drivers bumping pt'ers.
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<blockquote data-quote="InsideUPS" data-source="post: 1102113" data-attributes="member: 31414"><p>Greetings Menotyou...</p><p></p><p>The short answers to your question is "yes" and "no". Now if that doesn't leave you confused....nothing will ; )</p><p></p><p>There is nothing more confusing than interpreting our contract as a whole. Language in one section of the contract will supersede language in another part. <u>For example, below is the language pertaining to seniority and layoffs in our Central Region Supplement. NOTICE the RED underlined statement where it states that this language shall not supersede LOCAL agreements</u>. Generally, LOCAL agreements and language supersedes many other portions of the contract. This can be both good and bad. In your case and at your LOCAL, it sounds like it may not be beneficial for you or other full-time drivers. Why your BA would not allow FT drivers to bump two part-time employees is unknown to me. It is NOT this way at our LOCAL. </p><p> </p><p>Many people also are not aware that once you sign a grievance, you give full rights for your Union and BA to negotiate for you. In other words, what he or she says or agrees to with the company.....on your behalf, YOU also agree to those terms or conditions... </p><p> </p><p>IF your BA agrees to certain issues with the company that you do not agree with (such as this issue) ....you and other FT drivers should contact him to express your concerns. </p><p> </p><p>Hope this helps some.... </p><p></p><p></p><p></p><p>Central Region Supplement - Ohio</p><p></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong>Section 5-Full-time Employees</strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong></strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong></strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px">In the event of a layoff of a full-time employee, he/she shall </span>have the right to displace the least senior full-time employee in any classification, for which they were previously qualified, to remain in his/her center. Previously qualified is defined as having regularly performed said work sometime during the previous eighteen (18) months.</span></p><p><span style="color: #1A1A18"><span style="font-size: 12px">In the event the employee has not been qualified in any classi- fication, he/she may exercise their rights as per Article 3, Section 6 or exercise their right to bump to another center as outlined below.</span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px">When an employee is laid off for one (1) week or more, he/she may, on the following Monday, exercise his/her Company- wide seniority to displace the employee having the least seniority in any other center within the jurisdiction of the local union, provided he/she is qualified to perform the job of such junior employee. It is the employee’s responsibility to notify the Company of his/her intentions on the previous Friday. His/Her seniority shall be dovetailed at such center and he/she shall remain there until work is restored at their original cen- ter. Work restored is defined as the necessity for another per- manent employee in the original center in their classification. This Section shall supersede the six-for-one provision else- where in this Agreement.</span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px">Recalls and restoration of forces shall be in the reverse order of layoff.</span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px">In all cases of layoffs, reduction of forces, recalls and restora- tion of forces, an affected employee shall select his/her desired classification immediately in order to meet service commitments. Further, in all cases, an employee must be qualified to perform the duties of the job selected.</span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px">A laid-off employee shall be given two (2) weeks’ notice of recall if the employee is laid off two (2) weeks or more. The employee must notify the Employer within three (3) days after receipt thereof, as to whether or not he/she intends to report for work at the designated time. Failure to give timely notice to the Employer or to report at the agreed-upon time within the designated period will result in the loss of all seniority rights and the employee will be considered terminated.</span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong>Full-time combination employees will work their bid job when work is available. It is understood that daily adjust- ments can be made to ensure all work assignments are covered. Employees will work as directed when work is not available in the employees regular assigned job. When combination employees are temporarily moved off his/her job it shall be by total company seniority from those employees qualified and available, in the immediate work area.</strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong>Total company seniority will be used when staffing reduc- tions are necessary within a work area that consists of full- time and part-time employees.</strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong></strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong></strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong><span style="font-size: 15px"><u><span style="color: #ff0000">This language will not supersede current local agreements.</span></u></span></strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong></strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong></strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px"><strong>Section 6</strong></span></span></p><p><span style="color: #1A1A18"><span style="font-size: 12px">Laid-off, full-time seniority employees, in the order of their seniority, may elect to take the work of one (1) or two (2) part- time employees, for the duration of the layoff, provided they have more total Company seniority. In such cases, the full- time employees shall be guaranteed a minimum of three and one-half (3 1/2) hours work at the prevailing rate of pay for the classification of work he/she performs, or the rate of pay per Article 41, Section 3, which ever rate is higher, in addition to all fringe benefits. Employees who have not completed pro- gression shall be paid in accordance with the progression scale in Article 41, Section 3 or their prevailing inside rate whichev- er is higher. Article 40 employees will be paid in accordance with Article 40, Section 6. If a full-time employee bumps two part-time employees, said full-time employee shall receive time-and-one-half after eight (8) hours of work. After thirty (30) working days in a ninety (90) calendar day period under this provision, a full-time employee may elect to bump the least senior full-time employee in his/her building, excluding automotive, maintenance mechanics and feeder drivers, and have up to thirty (30) calendar days to qualify for said full- time position. If a laid-off, full-time employee elects to take a layoff rather than exercise his/her right to displace a part-time employee, he/she shall be considered a laid-off employee for lack of work for the purpose of unemployment compensation.</span></span></p></blockquote><p></p>
[QUOTE="InsideUPS, post: 1102113, member: 31414"] Greetings Menotyou... The short answers to your question is "yes" and "no". Now if that doesn't leave you confused....nothing will ; ) There is nothing more confusing than interpreting our contract as a whole. Language in one section of the contract will supersede language in another part. [U]For example, below is the language pertaining to seniority and layoffs in our Central Region Supplement. NOTICE the RED underlined statement where it states that this language shall not supersede LOCAL agreements[/U]. Generally, LOCAL agreements and language supersedes many other portions of the contract. This can be both good and bad. In your case and at your LOCAL, it sounds like it may not be beneficial for you or other full-time drivers. Why your BA would not allow FT drivers to bump two part-time employees is unknown to me. It is NOT this way at our LOCAL. Many people also are not aware that once you sign a grievance, you give full rights for your Union and BA to negotiate for you. In other words, what he or she says or agrees to with the company.....on your behalf, YOU also agree to those terms or conditions... IF your BA agrees to certain issues with the company that you do not agree with (such as this issue) ....you and other FT drivers should contact him to express your concerns. Hope this helps some.... Central Region Supplement - Ohio [COLOR=#1A1A18][SIZE=3][B]Section 5-Full-time Employees [/B][/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3]In the event of a layoff of a full-time employee, he/she shall [/SIZE]have the right to displace the least senior full-time employee in any classification, for which they were previously qualified, to remain in his/her center. Previously qualified is defined as having regularly performed said work sometime during the previous eighteen (18) months.[/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3]In the event the employee has not been qualified in any classi- fication, he/she may exercise their rights as per Article 3, Section 6 or exercise their right to bump to another center as outlined below.[/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3]When an employee is laid off for one (1) week or more, he/she may, on the following Monday, exercise his/her Company- wide seniority to displace the employee having the least seniority in any other center within the jurisdiction of the local union, provided he/she is qualified to perform the job of such junior employee. It is the employee’s responsibility to notify the Company of his/her intentions on the previous Friday. His/Her seniority shall be dovetailed at such center and he/she shall remain there until work is restored at their original cen- ter. Work restored is defined as the necessity for another per- manent employee in the original center in their classification. This Section shall supersede the six-for-one provision else- where in this Agreement.[/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3]Recalls and restoration of forces shall be in the reverse order of layoff.[/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3]In all cases of layoffs, reduction of forces, recalls and restora- tion of forces, an affected employee shall select his/her desired classification immediately in order to meet service commitments. Further, in all cases, an employee must be qualified to perform the duties of the job selected.[/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3]A laid-off employee shall be given two (2) weeks’ notice of recall if the employee is laid off two (2) weeks or more. The employee must notify the Employer within three (3) days after receipt thereof, as to whether or not he/she intends to report for work at the designated time. Failure to give timely notice to the Employer or to report at the agreed-upon time within the designated period will result in the loss of all seniority rights and the employee will be considered terminated.[/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3][B]Full-time combination employees will work their bid job when work is available. It is understood that daily adjust- ments can be made to ensure all work assignments are covered. Employees will work as directed when work is not available in the employees regular assigned job. When combination employees are temporarily moved off his/her job it shall be by total company seniority from those employees qualified and available, in the immediate work area.[/B][/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3][B]Total company seniority will be used when staffing reduc- tions are necessary within a work area that consists of full- time and part-time employees. [/B][/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3][B][SIZE=4][U][COLOR=#ff0000]This language will not supersede current local agreements.[/COLOR][/U][/SIZE] [/B][/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3][B]Section 6[/B][/SIZE][/COLOR] [SIZE=3][/SIZE][COLOR=#1A1A18][SIZE=3]Laid-off, full-time seniority employees, in the order of their seniority, may elect to take the work of one (1) or two (2) part- time employees, for the duration of the layoff, provided they have more total Company seniority. In such cases, the full- time employees shall be guaranteed a minimum of three and one-half (3 1/2) hours work at the prevailing rate of pay for the classification of work he/she performs, or the rate of pay per Article 41, Section 3, which ever rate is higher, in addition to all fringe benefits. Employees who have not completed pro- gression shall be paid in accordance with the progression scale in Article 41, Section 3 or their prevailing inside rate whichev- er is higher. Article 40 employees will be paid in accordance with Article 40, Section 6. If a full-time employee bumps two part-time employees, said full-time employee shall receive time-and-one-half after eight (8) hours of work. After thirty (30) working days in a ninety (90) calendar day period under this provision, a full-time employee may elect to bump the least senior full-time employee in his/her building, excluding automotive, maintenance mechanics and feeder drivers, and have up to thirty (30) calendar days to qualify for said full- time position. If a laid-off, full-time employee elects to take a layoff rather than exercise his/her right to displace a part-time employee, he/she shall be considered a laid-off employee for lack of work for the purpose of unemployment compensation.[/SIZE][/COLOR] [/QUOTE]
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