BrownShark
Banned
ARTICLE 37 Management-Employee Relations
Section 1.
(a) The parties agree that the principle of a fairs days work for a fair days pay shall be observed at all times and the employees shall perform their duties in a manner that best represents the Employers best interest.
The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer will treat employees with dignity and respect at all times, which shall include but not limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.
(b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the understanding that such package car driver will complete his/her assignment and subject to the provisions below:
AN EMPLOYEE WHO DESIRES TO BE RELIEVED FROM OVERTIME ON A PARTICULAR DAY MUST MAKE A WRITTEN REQUEST ON A FORM FURNISHED BY THE EMPLOYER. SUCH A REQUEST MUST BE SUBMITTED NO LATER THAN THE START OF HIS/HER SHIFT ON THE FIFTH (5TH) CALENDAR DAY PRECEEDING THE DAY REQUESTED.
A SIGNED COPY OF THE REQUEST FORM STATING APPROVAL OR DISAPPROVAL SHALL BE RETURNED TO THE EMPLOYEE BY THE END OF THE EMPLOYEES NEXT WORKING DAY. SUCH REQUEST SHALL BE GRANTED OR DENIED IN ACCORDANCE WITH THE TERMS OF THIS SUB-SECTION. IF A REQUEST IS DENIED ON THE ABOVE REFERENCED FORM, THE EMPLOYEE SHALL RECIEVE A TWO (2) HOUR PENALTY PAYMENT AT HIS/HER STRAIGHT TIME RATE IF THE REQUEST SHOULD HAVE BEEN GRANTED AT THIS TIME BASED ON THE CRITERIA SET FORTH IN THIS SUB-SECTION. THIS TWO HOUR PAYMENT SHALL ALSO APPLY IF THE EMPLOYER APPROVES THE REQUEST AND LATER INFORMS THE EMPLOYEE HE/SHE CANNOT BE RELIEVED OF OVERTIME, PROVIDED THE REQUEST CONTINUES TO MEET THE CRITERIA SET FORTH IN THIS SUB-SECTION.
IN ADDITION, IF AN EMPLOYEES REQUEST IS GRANTED BUT THE EMPLOYER FAILS TO ADJUST THE DRIVERS DISPATCH SO AS TO PROVIDE AM AMOUNT OF WORK THAT CAN REASONABLY BE COMPLETED WITHIN EIGHT (8) HOURS WHICH THEN CAUSES THE DRIVER TO WORK IN EXCESS OF EIGHT AND ONE HALF HOURS TO COMPLETEHIS/HER ROUTE, THE DRIVER SHALL BE ENTITLED TO A TWO (2) HOUR PENALTY PAYMENT AT HIS/HER STRAIGHT TIME RATE. NO PENALTY SHALL BE DUE IF THE EMPLOYEE EXCEEDS THE EIGHT AND ONE (8.5) HOUR THRESHOLD AS A RESULT OF EVENTS BEYOND THE EMPLOYERS CONTROL.
The center manager and the steward shall process such requests based on seniority. The Employer shall allow a minimum of ten (10%) percent of the package car drivers worked in any center off on a daily basis. No package car driver will be granted more than two (2) requests per month. It is understood that to accomplish this the above, the employer may need to provide an earlier start time. It is further understood that the employer is not obligated to let more than one (1) driver in a loop off at one time. This sub-section applies regardless of whether the driver has opted in or out pursuant to the provisions of sub-section c below.
***Please read this carefully and post what you believe this part of article 37 means and how it is to be applied.******
Include with your post whether or not you believe this will be applied fairly in your center based upon the established practice in your center.
Next part of 37 will be in next post.
Peace.
Section 1.
(a) The parties agree that the principle of a fairs days work for a fair days pay shall be observed at all times and the employees shall perform their duties in a manner that best represents the Employers best interest.
The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer will treat employees with dignity and respect at all times, which shall include but not limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.
(b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the understanding that such package car driver will complete his/her assignment and subject to the provisions below:
AN EMPLOYEE WHO DESIRES TO BE RELIEVED FROM OVERTIME ON A PARTICULAR DAY MUST MAKE A WRITTEN REQUEST ON A FORM FURNISHED BY THE EMPLOYER. SUCH A REQUEST MUST BE SUBMITTED NO LATER THAN THE START OF HIS/HER SHIFT ON THE FIFTH (5TH) CALENDAR DAY PRECEEDING THE DAY REQUESTED.
A SIGNED COPY OF THE REQUEST FORM STATING APPROVAL OR DISAPPROVAL SHALL BE RETURNED TO THE EMPLOYEE BY THE END OF THE EMPLOYEES NEXT WORKING DAY. SUCH REQUEST SHALL BE GRANTED OR DENIED IN ACCORDANCE WITH THE TERMS OF THIS SUB-SECTION. IF A REQUEST IS DENIED ON THE ABOVE REFERENCED FORM, THE EMPLOYEE SHALL RECIEVE A TWO (2) HOUR PENALTY PAYMENT AT HIS/HER STRAIGHT TIME RATE IF THE REQUEST SHOULD HAVE BEEN GRANTED AT THIS TIME BASED ON THE CRITERIA SET FORTH IN THIS SUB-SECTION. THIS TWO HOUR PAYMENT SHALL ALSO APPLY IF THE EMPLOYER APPROVES THE REQUEST AND LATER INFORMS THE EMPLOYEE HE/SHE CANNOT BE RELIEVED OF OVERTIME, PROVIDED THE REQUEST CONTINUES TO MEET THE CRITERIA SET FORTH IN THIS SUB-SECTION.
IN ADDITION, IF AN EMPLOYEES REQUEST IS GRANTED BUT THE EMPLOYER FAILS TO ADJUST THE DRIVERS DISPATCH SO AS TO PROVIDE AM AMOUNT OF WORK THAT CAN REASONABLY BE COMPLETED WITHIN EIGHT (8) HOURS WHICH THEN CAUSES THE DRIVER TO WORK IN EXCESS OF EIGHT AND ONE HALF HOURS TO COMPLETEHIS/HER ROUTE, THE DRIVER SHALL BE ENTITLED TO A TWO (2) HOUR PENALTY PAYMENT AT HIS/HER STRAIGHT TIME RATE. NO PENALTY SHALL BE DUE IF THE EMPLOYEE EXCEEDS THE EIGHT AND ONE (8.5) HOUR THRESHOLD AS A RESULT OF EVENTS BEYOND THE EMPLOYERS CONTROL.
The center manager and the steward shall process such requests based on seniority. The Employer shall allow a minimum of ten (10%) percent of the package car drivers worked in any center off on a daily basis. No package car driver will be granted more than two (2) requests per month. It is understood that to accomplish this the above, the employer may need to provide an earlier start time. It is further understood that the employer is not obligated to let more than one (1) driver in a loop off at one time. This sub-section applies regardless of whether the driver has opted in or out pursuant to the provisions of sub-section c below.
***Please read this carefully and post what you believe this part of article 37 means and how it is to be applied.******
Include with your post whether or not you believe this will be applied fairly in your center based upon the established practice in your center.
Next part of 37 will be in next post.
Peace.