Can you explain to me how article 38 of the NMA pertains to changing a work week schedule?
Not sure how and why it applies, but the company uses this article as their defense. It started back in spring 2017 when our local was approached about Saturday deliveries. The company put in writing the plan for converting roughly 25 m-friend to t-s drivers. These plans were arbitrated and put in place. Summer of 17 the company attempted to hire enough employees (t-s) to cover for expanded operational hours but came up short. So, in September of 17 we met to discuss the peak plan. The company expressed the need to move more employees to the t-s schedule and we objected. We argued that seasonal and veteran (retired) drivers should fill those needs. Throughout peak schedules were tweaked on a weekly basis, drivers worked as scheduled and grievances were filed. The grievances were heard and arbitrated, with the result being the company would hire more employees across all shifts. If you know anything about this employer you know that they did not hire enough and were forced to do the same thing in 18 and 19 after submitting plans to the opposite. Each time they have argued Art. 38 with the caveat of "being able to service the customer". This year, so far, the schedules have not been an issue, but the company is using upwards of 90 PVDs daily, which is another issue that we have not had arbitrated since our first grievance in 2018.
