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Brown Cafe UPS Forum
UPS Union Issues
PROPOSAL: ARTICLE 37-read and discuss
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<blockquote data-quote="BrownShark" data-source="post: 258179" data-attributes="member: 12148"><p>(c) The employer shall make a reasonable effort to reduce package car drivers' workdays below nine and one-half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, the folowing language shall apply, except in the months of November and December.</p><p> </p><p><strong><u>SUCH REQUESTS MAY ONLY BE MADE FOR THE FIVE (5) MONTH PERIODS BEGINING ON EACH JANUARY 1 AND JUNE 1 OF EACH YEAR. NO LATER THAN THIRTY (30) DAYS PRIOR TO EACH JANUARY 1ST AND JUNE 1ST, EACH PACKAGE CENTER WILL POST A "9.5 OPT IN / OPT OUT" LIST FOR THE APPLICABLE FIVE (5) MONTH PERIOD. EACH FULL-TIME SENIORITY DRIVER IN THE CENTER MUST MAKE AN ELECTION TO OPT IN OR OPT OUT OF THE 9.5 LANGUAGE IN THE SUBSECTION NO LATER THAN TEN (10) DAYS PRIOR TO THE APPLICABLE FIVE (5) MONTH PERIOD. THOSE FULL TIME DRIVERS WHO CHOOSE TO OPT OUT OF THE 9.5 LANGUAGE IN THIS SUBSECTION WILL HAVE NO RIGHT TO FILE A GRIEVANCE ALLEDGING EXCESSIVE OVERTIME EITHER UNDER THIS SUBSECTION OR UNDER AN EXCESSIVE OVERTIME PROVISION IN THE SUPPLEMENT, RIDER OR ADDENDUM.</u></strong></p><p> </p><p>Drivers <strong><u>who choose to opt in on the 9.5 list</u></strong> shall have the right to file a grievance if the employer has continually worked a driver more than nine and one-half (9.5) hours per day for any three (3) days in a workweek. If a grievance under this provision (or a grievance under any excessive overtime provision of a supplement, rider or addendum) cannot be resolved at the local level, INCLUDING SUPPLEMENTAL PANELS, WHERE APPLICABLE, the Union may docket the grievance to be heard by the 9.5 committee.</p><p> </p><p>The employers vice president and the unions co-chair shall have the discretion to grant the grievant <strong><u>TRIPLE</u></strong> time pay for hours worked in excess of nine and one-half (9.5) hours per day and/or to order the Employer to adjust the drivers wok schedule. In the event the Employers Vice President and the Unions Co-Chair cannot resolve a grievance, either party may refer the matter to arbitration in accordance with Article 8. In the event the position of the Union is sustained, the arbitrator shall have the authority to impose any remedy set forth in the section.</p><p> </p><p><strong><u>THE 9.5 COMMITTEE SHALL ALSO HAVE THE AUTHORITY TO ADOPT GUIDELINES TO ENSURE THAT THIS SECTION IS IMPLEMENTED IN SUCH WAY AS TO BALANCE THE EMPLOYERS NEED TO PROTECT THE INTEGRITY OF ITS OPERATIONS WITH AN EMPLOYEES LEGITIMATE NEED TO AVOID EXCESSIVE OVERTIME.</u></strong></p><p> </p><p>(D) No employee shall be discipline for exceeding personal time based on data recieved from the DIAD/IVIS or other information technology.</p><p> </p><p>******please read this carefully and think how this will work in your center. Good or bad, post your thoughts on this section and whether you believe this is good for package drivers across the country.*****</p><p> </p><p>Peace.</p></blockquote><p></p>
[QUOTE="BrownShark, post: 258179, member: 12148"] (c) The employer shall make a reasonable effort to reduce package car drivers' workdays below nine and one-half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, the folowing language shall apply, except in the months of November and December. [B][U]SUCH REQUESTS MAY ONLY BE MADE FOR THE FIVE (5) MONTH PERIODS BEGINING ON EACH JANUARY 1 AND JUNE 1 OF EACH YEAR. NO LATER THAN THIRTY (30) DAYS PRIOR TO EACH JANUARY 1ST AND JUNE 1ST, EACH PACKAGE CENTER WILL POST A "9.5 OPT IN / OPT OUT" LIST FOR THE APPLICABLE FIVE (5) MONTH PERIOD. EACH FULL-TIME SENIORITY DRIVER IN THE CENTER MUST MAKE AN ELECTION TO OPT IN OR OPT OUT OF THE 9.5 LANGUAGE IN THE SUBSECTION NO LATER THAN TEN (10) DAYS PRIOR TO THE APPLICABLE FIVE (5) MONTH PERIOD. THOSE FULL TIME DRIVERS WHO CHOOSE TO OPT OUT OF THE 9.5 LANGUAGE IN THIS SUBSECTION WILL HAVE NO RIGHT TO FILE A GRIEVANCE ALLEDGING EXCESSIVE OVERTIME EITHER UNDER THIS SUBSECTION OR UNDER AN EXCESSIVE OVERTIME PROVISION IN THE SUPPLEMENT, RIDER OR ADDENDUM.[/U][/B] Drivers [B][U]who choose to opt in on the 9.5 list[/U][/B] shall have the right to file a grievance if the employer has continually worked a driver more than nine and one-half (9.5) hours per day for any three (3) days in a workweek. If a grievance under this provision (or a grievance under any excessive overtime provision of a supplement, rider or addendum) cannot be resolved at the local level, INCLUDING SUPPLEMENTAL PANELS, WHERE APPLICABLE, the Union may docket the grievance to be heard by the 9.5 committee. The employers vice president and the unions co-chair shall have the discretion to grant the grievant [B][U]TRIPLE[/U][/B] time pay for hours worked in excess of nine and one-half (9.5) hours per day and/or to order the Employer to adjust the drivers wok schedule. In the event the Employers Vice President and the Unions Co-Chair cannot resolve a grievance, either party may refer the matter to arbitration in accordance with Article 8. In the event the position of the Union is sustained, the arbitrator shall have the authority to impose any remedy set forth in the section. [B][U]THE 9.5 COMMITTEE SHALL ALSO HAVE THE AUTHORITY TO ADOPT GUIDELINES TO ENSURE THAT THIS SECTION IS IMPLEMENTED IN SUCH WAY AS TO BALANCE THE EMPLOYERS NEED TO PROTECT THE INTEGRITY OF ITS OPERATIONS WITH AN EMPLOYEES LEGITIMATE NEED TO AVOID EXCESSIVE OVERTIME.[/U][/B] (D) No employee shall be discipline for exceeding personal time based on data recieved from the DIAD/IVIS or other information technology. ******please read this carefully and think how this will work in your center. Good or bad, post your thoughts on this section and whether you believe this is good for package drivers across the country.***** Peace. [/QUOTE]
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PROPOSAL: ARTICLE 37-read and discuss
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