Staffing for New Year's Eve

[UpstateNYUPSer(Ret)]

My center has decided to change how they staff operations for both Black Friday and New Year's Eve. In the past all drivers were asked to volunteer and they would then force from the bottom up to ensure full staffing. This year they are forcing from the bottom up and then allowing FT drivers to volunteer as needed. I was on vacation for Black Friday but was told that only one FT driver worked. In past years it was not uncommon for as many as 10 FT drivers to work. I have told my mgt team that I would like to work New Year's Eve but have been told by all three that they would prefer to use casuals and air drivers.

My question is this---if I volunteer to work and am not allowed to can I grieve this based on past practice? I am not interested in debate on whether or not I should work as that is a personal decision.

 

[brownelf]

what they prefer doesn't sound contractually correct esp as far as past practice goes, I'd see if they work you after volunteering to do so. if someone thats FT with less senority works that day and you don't, I'd grieve for the time they worked.

 

[Johney]

If they are forcing from the bottom up, why would they need volunteers?

 

[UpstateNYUPSer(Ret)]

what they prefer doesn't sound contractually correct esp as far as past practice goes, I'd see if they work you after volunteering to do so. if someone thats FT with less senority works that day and you don't, I'd grieve for the time they worked.

What if no FTers volunteer or are allowed to work? Could I still grieve under past practice?

 

[brownelf]

If they only use air drivers, I don't believe you have a grievance under past practice.

 

[Anonymous 10]

Grieve it

 

[Integrity]

My center has decided to change how they staff operations for both Black Friday and New Year's Eve. In the past all drivers were asked to volunteer and they would then force from the bottom up to ensure full staffing. This year they are forcing from the bottom up and then allowing FT drivers to volunteer as needed. I was on vacation for Black Friday but was told that only one FT driver worked. In past years it was not uncommon for as many as 10 FT drivers to work. I have told my mgt team that I would like to work New Year's Eve but have been told by all three that they would prefer to use casuals and air drivers.

My question is this---if I volunteer to work and am not allowed to can I grieve this based on past practice? I am not interested in debate on whether or not I should work as that is a personal decision.

UpstateNYUPSer,

If the practice has been as you say, then it is clearly a violation of your seniority rights to work before junior men or seasonal hires.

Some ground breaking violations, contrary to decades of past practice, have been occuring around this company lately.

I am not saying you will win the grievance, but I would definitely grieve this situation as you have described.

Sincerely,
I

 

[CharleyHustle]

I'm not sure how your supplement works, but I would try to find out why they changed the way they are staffing these days. In the Central Conference anyone in support of the air operation must work, then extra work is offered by seniority, then forced from the bottom up.

 

[bumped]

Since New Years Eve falls on a Saturday only air drivers would work. We only deliver Saturday air that day. I would think you could volunteer to work, but would only work if there wasn't enough air drivers to cover it.

 

[bumped]

The air volume will be much lighter than if the 31st falls on Monday through Friday.

 

[bumped]

My center has decided to change how they staff operations for both Black Friday and New Year's Eve. In the past all drivers were asked to volunteer and they would then force from the bottom up to ensure full staffing. This year they are forcing from the bottom up and then allowing FT drivers to volunteer as needed. I was on vacation for Black Friday but was told that only one FT driver worked. In past years it was not uncommon for as many as 10 FT drivers to work. I have told my mgt team that I would like to work New Year's Eve but have been told by all three that they would prefer to use casuals and air drivers.

My question is this---if I volunteer to work and am not allowed to can I grieve this based on past practice? I am not interested in debate on whether or not I should work as that is a personal decision.

Even on vacation you can volunteer to work Black Friday. JFYI.

 

[UpstateNYUPSer(Ret)]

Even on vacation you can volunteer to work Black Friday. JFYI.

Not here--they have not allowed us to work during our vacations in several years.

Besides, I would have had to shave my vacation goatee.

 

[dilligaf]

Since New Years Eve falls on a Saturday only air drivers would work. We only deliver Saturday air that day. I would think you could volunteer to work, but would only work if there wasn't enough air drivers to cover it.

Bumped has it right. FT don't work Sat unless necessary. It should go thusly. All air drivers work, if the need arises and a FT is needed to fill in then it should go to volunteers (top seniority down) and then force from the bottom up.

PS Dave, our center is doing the same for this next Sat. Half of the center is scheduled to work and if there are any senior drivers (those not scheduled) that want to volunteer, those that are already scheduled will be allowed to go home based on seniority.

 

[dilligaf]

Even on vacation you can volunteer to work Black Friday. JFYI.

You are wrong. The language in the NM changed with the new contract. The NM specifically states that no driver on a bid vacation will be allowed to work. I know, I've filed on this language.

 

[bumped]

It may have changed, but I know as of 5 years ago we had someone grieve it and was allowed to work. I have never had the opprotunity to get that week off and won't for quite a long time.

 

[Jones]

This is an easy one. Seniority gives you the right to work over a junior employee in your classification. If they need full time drivers then the work has to be made available in seniority order. Grieve it, and they can either pay you for working or pay you for not working but either way you will get paid.

 

[upsman68]

New Year's eve is on a Saturday this year. So that means they will just run Saturday air no ground. So FT drivers can not work that day

 

[outta hours]

I think its important to remember that we have been, and continue to be under the same contract since 2007. Any sudden policy changes that occur are simply invalid. Nothing in the agreement has changed. I'm sure your center team would prefer lower paid casuals, and air drivers to work these days. That way they save money. But to bad they don't make the rules.

Sign the list, show up to work and if you are sent home you can grieve to be paid for the hours any lower seniority driver works. Once your center team's little scheme is discovered by the labor manager when he pays your grievance, that will be the end of the "new" way of doing things.

And realize if no one grieves it the "new" way will continue to exist. That is the thing about any contractual violation, big or small. If it is not documented in writing through a grievance then it never occurred. The company continues to push the limits as to what is allowed to exist. They are so focused and driven by numbers for the shareholders, that common sense and good business practices have taken a back seat to the bottom line. Irregardless of how it is attained.

I urge you to be vigilant of any "new" changes that are attempted to be implemented. Read your contract and local supplement. Familiarize yourself with it. Each time you read it you will discover something new you were not aware of. It is our responsibility to be knowledgeable hard working employees. As much as we would like to have someone else stand up for us and tell us what is allowed to exist. We need to take on that task ourselves.

People say that the unions time has come and gone in our country. I say that is quite to the contrary. In this day of out sourcing, lobbying, down sizing, etc. Along with the daily struggle in the work place, there has never been more of a need for unions and a united workforce. If you doubt me just imagine UPS as it is now during the "free" period. Helpers, runners, golf cart & bicycle deliveries. No 9.5 protection, 60 hr work weeks. It would be like that or worse all year long. For me that's not a place I want to work. So I am going to do my part to protect what we do have. For myself, my family, and for all future UPS'ers.

 

[opie]

The volume probably should be lighter than a typical Saturday. Don't think they would need drivers, or even all the Saturday drivers. As I think some routes could be cut, as they did on the Saturday after Thanksgiving.

 

[JonFrum]

December 31 is a UPS Holiday, so this clear Contract language below applies.

Article 40 language overrides any language that may be in a Supplement.

There is no mention of Casuals working.

ARTICLE 40. AIR OPERATION
Section 1 - Air Drivers
(j) Holiday Work
When it is necessary to provide air service on holidays, the following procedure shall be used:

(1) The Employer shall offer this work in seniority order to full-time air drivers who have worked at least one (1) day that week before offering it to part-time air drivers.

(2) When the scheduling needs cannot be met using the above provision, the Employer shall have the right to force part-time air drivers and then full-time air drivers to work starting in reverse order of seniority. If after exhausting the above steps scheduling needs are still not met, the Employer shall offer the work in seniority order within the package driver classification.

If more drivers are still needed the reverse seniority order concept will be used for package drivers. Package car drivers who work on a holiday may make a written request for an eight (8) hour guarantee. Such written request shall be made the last work day prior to the holiday. All time worked by these drivers on a holiday will be paid at the Supplemental holiday rate.

(4) Air drivers and support employees scheduled on a holiday to ensure air service to the customer, including time performing incidental work, shall receive straight-time for all hours worked up to eight (8) hours in addition to the holiday pay. Overtime provisions shall apply if the employee works over eight (8) hours.