Pay roll error and penalties for said errors

Faceplanted

Well-Known Member
In my region there has been a huge issue with pay role errors. Let me give an example

Driver has 8hr, clocks out after 7.8hr of work, management goes into system and changed pay code to 05

Now if the driver files for this time, and also files for penalties after not getting paid for this time in the next check the driver should be accumulating penalty pay right?

They are refusing to pay penalty pay on any payroll error under $40. I thought the $40 was the cut off for the over night check, but I thought you still could accrule penalties even if the error is only 1 dollar if its not fixed by the next pay period. The local ba's seem to back ups on this one

Can somebody direct me to the exact part of the contract that pertains to this?
 

UpstateNYUPSer(Ret)

Well-Known Member
There is no penalty incurred if the error(s) are corrected in the next pay check, regardless of the amount.

These are not errors-----these drivers are being intentionally shorted to make the center numbers look good.
 

Faceplanted

Well-Known Member
There is no penalty incurred if the error(s) are corrected in the next pay check, regardless of the amount.

These are not errors-----these drivers are being intentionally shorted to make the center numbers look good.
Either way, let's say this $5 error is never fixed.

Let's say the the driver files for penalties

Even if this error is only $5 shouldn't the emplpyeee be entitled to weekly penalties. Where is this in the contract?

The union has recently taken the side that the error has to be over $40 dollar to receive any weekly penalty pay.
 

Turdferguson

Just a turd
Article 17
Errors of less than forty ($40.00) dollars for full-time employees or
twenty ($20.00) dollars for part-time employees and overages will
be corrected in the following weekly paycheck.
 

Mst3k

Well-Known Member
Did he ask for 8 hours of work? If he clocked out before 8, without asking for the additional 20 minutes of work, why would they pay him 8? He could have run a missload for the extra time.
 

Bubblehead

My Senior Picture
Here's my two cents, and part of it may only be relevant in the Central Region.

First, as @hyena and @Turdferguson already stated, the penalty pay language for shortages is in Art 17 of the National Master.

Secondly, in the Central Region Supplement, Art 12 Sec 7 states that "Each full-time employee put to work shall have a guarantee of eight (8) hours of work".

This article also states, "The guarantee may be broken by request of the employee using the appropriate company code".

I don't believe the company has "cart blanche" to go into anybody's time card and change their pay code without the employee's knowledge and consent.

The way I see it, the company dispatches us with what they see as "a fair days work, for a fair days pay", and if the employee exceeds those expectations, they have earned their daily guarantee.
You need to look no further than the Company's bonus/incentive plans to validate my assertion, where employees are routinely paid for beating expectations (allowances).

So unless these employees were instructed to do more work, and agreed to "hours only" (05) instead, the Company not only violated the contract, they may also be guilty of wage theft and subject to a Wage and Hour complaint.



~Bbbl~™
 
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Bubblehead

My Senior Picture
Article 17 is very vague on if the amount is less than $40 and if the same 1/2 work day penalties apply.

Any previous rulings on this?
Forget about the penalty pay and grieve/file on it the way I described...and it will never be a problem again.

We had this same issue arise in the January of 2015, and in true Local (???) fashion, it was finally heard at the local level this month.

My Local is entrenched in a "quid pro quo" arrangement with UPS management and runs from these type of grievances.

It took labor charges to "unclog the log jam".
Broke my heart to finally file on my own Local (and the Company), but it had to be done.

If they don't get their heads out of our asses, there will be more coming.

P.S. The grievance is going to panel on a Company "point of order". They seem very leery of this grievance, as the center manager claimed it was a "company policy"???
Perhaps it is???
 
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dookie stain

Cornfed whiteboy
Sumbitches didn't pay me for my two option days I took that was supposed to be on Fridays check...and of course my green check didn't show up today
 

UpstateNYUPSer(Ret)

Well-Known Member
Sumbitches didn't pay me for my two option days I took that was supposed to be on Fridays check...and of course my green check didn't show up today

Did you bother to go to upsers to look at your time card to make sure that they put those days in for you? Did the time off viewer show that those two days had been paid?

That's plenty of coin to qualify for penalty pay.

File.

They will be in this Friday's check.
 

dookie stain

Cornfed whiteboy
Did you bother to go to upsers to look at your time card to make sure that they put those days in for you? Did the time off viewer show that those two days had been paid?



They will be in this Friday's check.
If they showed that they had been paid they would have shown up on my check and I would have been paid for them.
 
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