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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: 258936" data-attributes="member: 12148"><p>Brother Brown Santa,</p><p> </p><p>Funny post!! I got a good laugh out of it!!</p><p> </p><p>However, lets talk serious for a moment. While I understand your post completely, and the premise from the outset looks great, but your missing something.</p><p> </p><p>Language is a serious thing. Deffinitive language is the key. Words like MUST, SHALL, ALWAYS define something that has to happen.</p><p> </p><p>Words like may, maybe, possible, occassionally & frequently describe things that MIGHT happen.</p><p> </p><p>In this case, the 8 paid day hour request is very clear. As you read it, and then formulated your idea of filing for grievances each and everytime, you miss ONE very important part of the sentence structure of the language.</p><p> </p><p>It reads like this in part: ".....No package car driver will be granted more than two (2) requests per month."</p><p> </p><p>It doesnt say that you GET 2 days at 8.0 hours each month, it clearly sez you get 2 R E Q U E S T S per month. </p><p> </p><p>Once you have asked for an 8.0 paid day two times a month, you have used all your REQUESTS for the month. Even if you are denied the 2 requests, thats all your entitled to.</p><p> </p><p>This is what is sez. It may not be what it was intended to be, but this is what it sez. This would stand up in arbitration. </p><p> </p><p>Nowhere in the language does it say you can make 20 requests in a month in order to eventually get 2 days at 8.0 hours.</p><p> </p><p>Everyone thinks thats what it sez but it doesnt.</p><p> </p><p>Lets take another look at the language. A driver "OPTS IN" the 9.5 language, during the month he asks for 2 requests for 8.0 paid day hours and he is denied. According to the new language, the company, if found to have violated the sub-section would have to pay a 2 hour straight time penalty to the driver. You file a grievance, the BA comes in a yells at the manager and Division manager and convinces them you should have been granted the 8.0 hours. Ok, great. That would amount to $57.00 (full rate driver) times 2 = $114.00 HOORAY!! you beat the company!!</p><p> </p><p>Now, next week, the company decides to get back the $114.00 by dispatching you to a 40 hour workweek and eliminating your overtime for the week. Overtime is $43.21 currently (full rate driver) thats 1.5 hours a day times 5 =$324.07. </p><p> </p><p>$114.00 grievance settlement</p><p><u>$324.07</u> minus loss of overtime opt in 9.5 language</p><p>$210.07 net loss</p><p> </p><p>Who wins?</p><p> </p><p>Not you! you are a loser to the tune of $210.07!</p><p> </p><p>Remember, OVERTIME is not guaranteed. Only your 8.0 hours are guaranteed and the 9.5 language sez up to 9.5 hours.</p><p> </p><p>Congratulations, you were screwed by your own contract not the company. Oh and by the way, the way they get you down to 8.0 hours is to bomb all the dummies with your work when they OPTED OUT and waived their rights to complain about excessive overtime.</p><p> </p><p>What the contract sez and what we think are 2 different things. </p><p> </p><p>Language is the key. We must make the Teamsters clearly define this section and clear the air with stops and checks that protect us in reality and not muck the water with useless verbage.</p><p> </p><p>Peace Brother.<img src="/community/styles/default/xenforo/smilies/group1/thumbup1.gif" class="smilie" loading="lazy" alt=":thumbup1:" title="Thumbup1 :thumbup1:" data-shortname=":thumbup1:" /></p></blockquote><p></p>
[QUOTE="BrownShark, post: 258936, member: 12148"] Brother Brown Santa, Funny post!! I got a good laugh out of it!! However, lets talk serious for a moment. While I understand your post completely, and the premise from the outset looks great, but your missing something. Language is a serious thing. Deffinitive language is the key. Words like MUST, SHALL, ALWAYS define something that has to happen. Words like may, maybe, possible, occassionally & frequently describe things that MIGHT happen. In this case, the 8 paid day hour request is very clear. As you read it, and then formulated your idea of filing for grievances each and everytime, you miss ONE very important part of the sentence structure of the language. It reads like this in part: ".....No package car driver will be granted more than two (2) requests per month." It doesnt say that you GET 2 days at 8.0 hours each month, it clearly sez you get 2 R E Q U E S T S per month. Once you have asked for an 8.0 paid day two times a month, you have used all your REQUESTS for the month. Even if you are denied the 2 requests, thats all your entitled to. This is what is sez. It may not be what it was intended to be, but this is what it sez. This would stand up in arbitration. Nowhere in the language does it say you can make 20 requests in a month in order to eventually get 2 days at 8.0 hours. Everyone thinks thats what it sez but it doesnt. Lets take another look at the language. A driver "OPTS IN" the 9.5 language, during the month he asks for 2 requests for 8.0 paid day hours and he is denied. According to the new language, the company, if found to have violated the sub-section would have to pay a 2 hour straight time penalty to the driver. You file a grievance, the BA comes in a yells at the manager and Division manager and convinces them you should have been granted the 8.0 hours. Ok, great. That would amount to $57.00 (full rate driver) times 2 = $114.00 HOORAY!! you beat the company!! Now, next week, the company decides to get back the $114.00 by dispatching you to a 40 hour workweek and eliminating your overtime for the week. Overtime is $43.21 currently (full rate driver) thats 1.5 hours a day times 5 =$324.07. $114.00 grievance settlement [U]$324.07[/U] minus loss of overtime opt in 9.5 language $210.07 net loss Who wins? Not you! you are a loser to the tune of $210.07! Remember, OVERTIME is not guaranteed. Only your 8.0 hours are guaranteed and the 9.5 language sez up to 9.5 hours. Congratulations, you were screwed by your own contract not the company. Oh and by the way, the way they get you down to 8.0 hours is to bomb all the dummies with your work when they OPTED OUT and waived their rights to complain about excessive overtime. What the contract sez and what we think are 2 different things. Language is the key. We must make the Teamsters clearly define this section and clear the air with stops and checks that protect us in reality and not muck the water with useless verbage. Peace Brother.:thumbup1: [/QUOTE]
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