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<blockquote data-quote="Teamster251" data-source="post: 114179" data-attributes="member: 6213"><p>STL, I'm not being picky but your post is a little twisted or the fact that you blending the article together may be distorting your thinking.</p><p> </p><p>Please don't get me wrong, I not bashing you brother I just trying to make you see (and others) the contract as it's written.</p><p> </p><p>First of all, Running mileage as a <strong>City pair</strong>, <strong>Layover</strong> or <strong>Sleeper Team</strong> are considered as a Premium Service Driver as outlined in Article 43 Section 1. The problem is the company is not recognizing the new classifaction which would change the payroll structure for that classifaction. It is clearly spelled out in Article 43, Sec 1, Sec 2 Para 11 and Sec 3.</p><p> </p><p>You state, "<em>According to langauge in the contract, you should be paid the progression in Art 41 based on the rates listed below. Article 41 states the rate in effect on 7/31/02."</em></p><p> </p><p>You have two articles mixed together here.</p><p> </p><p>Again, Article 43 Section 2 Para 11 reads as folows:</p><p> </p><p><strong>(11) All new hires will be paid in accordance with the <u>progression</u> set forth in Article 41, Section 2 as applied to the mileage rates set forth below.</strong></p><p> </p><p>It does not state that Article 41 Section 2 applies, it says use the progression. <em><u>Progression</u></em> and <em><u>rate</u></em> are two differernt things, <em><u>progresion rate</u></em> in its self is another thing entirely.</p><p> </p><p>The mileage rates set forth below are plainly listed in Article 43 Section 3 (directly below Article 43, sec 2 para 11).</p><p> </p><p>Contracts are set up chronelogically any article that uses the phrase "set forth below" can not be mistaken for a terms listed in a previous article unless is specifaclly applied or intended in writting to be used.</p><p>A contract is a document that starts from the top and finsihes at the bottom, reguardless of the number of pages. "Set forth below", pertains to langauge under that phrase.</p><p> </p><p>Art 43 sec 2 para 11 stated that he <u>progression</u> should be used not the <u>rate</u> or <u>progression rate</u>. This is the difference many are confusing and hopefully will be heard in front of a board to determine it's outcome.</p><p> </p><p>Let me add, there is a huge key phrase in the last paragraph of Article 43 Section 1 Para 3, that pertains to Sleeper Teams. </p><p> </p><p><strong>The wages and other ecomonic terms of employement for such sleeper teams shall be set forth below.</strong></p><p> </p><p>Those terms are are set forth below in Article 43, Sec 2, para 11 and Article 43 , Sec 3</p><p> </p><p>Don't jump around when reading the contract, don't mix up phrases, or blend Articles together, you'll be laughed out of the building if it gets to a hearing.</p><p> </p><p>If the greivance doesn't go forward then the Premium Services Committe needs to review its addendum pertaining to this topic agian at it next meeting or it will have huge problem of finding drivers to implentemnt it next phase of the Fast Lane Enhancement.</p><p> </p><p>I'm not filing this greivance on my behalf I'm filing it on the behalf of all those involved. </p><p> </p><p>If anyone would like a copy of the greivance to file on their behalf I would be glad to forward a copy to you.</p><p> </p><p>Later T251</p></blockquote><p></p>
[QUOTE="Teamster251, post: 114179, member: 6213"] STL, I'm not being picky but your post is a little twisted or the fact that you blending the article together may be distorting your thinking. Please don't get me wrong, I not bashing you brother I just trying to make you see (and others) the contract as it's written. First of all, Running mileage as a [B]City pair[/B], [B]Layover[/B] or [B]Sleeper Team[/B] are considered as a Premium Service Driver as outlined in Article 43 Section 1. The problem is the company is not recognizing the new classifaction which would change the payroll structure for that classifaction. It is clearly spelled out in Article 43, Sec 1, Sec 2 Para 11 and Sec 3. You state, "[I]According to langauge in the contract, you should be paid the progression in Art 41 based on the rates listed below. Article 41 states the rate in effect on 7/31/02."[/I] You have two articles mixed together here. Again, Article 43 Section 2 Para 11 reads as folows: [B](11) All new hires will be paid in accordance with the [U]progression[/U] set forth in Article 41, Section 2 as applied to the mileage rates set forth below.[/B] It does not state that Article 41 Section 2 applies, it says use the progression. [I][U]Progression[/U][/I] and [I][U]rate[/U][/I] are two differernt things, [I][U]progresion rate[/U][/I] in its self is another thing entirely. The mileage rates set forth below are plainly listed in Article 43 Section 3 (directly below Article 43, sec 2 para 11). Contracts are set up chronelogically any article that uses the phrase "set forth below" can not be mistaken for a terms listed in a previous article unless is specifaclly applied or intended in writting to be used. A contract is a document that starts from the top and finsihes at the bottom, reguardless of the number of pages. "Set forth below", pertains to langauge under that phrase. Art 43 sec 2 para 11 stated that he [U]progression[/U] should be used not the [U]rate[/U] or [U]progression rate[/U]. This is the difference many are confusing and hopefully will be heard in front of a board to determine it's outcome. Let me add, there is a huge key phrase in the last paragraph of Article 43 Section 1 Para 3, that pertains to Sleeper Teams. [B]The wages and other ecomonic terms of employement for such sleeper teams shall be set forth below.[/B] Those terms are are set forth below in Article 43, Sec 2, para 11 and Article 43 , Sec 3 Don't jump around when reading the contract, don't mix up phrases, or blend Articles together, you'll be laughed out of the building if it gets to a hearing. If the greivance doesn't go forward then the Premium Services Committe needs to review its addendum pertaining to this topic agian at it next meeting or it will have huge problem of finding drivers to implentemnt it next phase of the Fast Lane Enhancement. I'm not filing this greivance on my behalf I'm filing it on the behalf of all those involved. If anyone would like a copy of the greivance to file on their behalf I would be glad to forward a copy to you. Later T251 [/QUOTE]
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