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Brown Cafe UPS Forum
UPS Union Issues
Unwanted Overtime
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<blockquote data-quote="union4life" data-source="post: 879333" data-attributes="member: 35190"><p style="margin-left: 20px"></p> <p style="margin-left: 20px">The procedure is not automatic. Since the company knows you do not want "excessive" overtime and your name appears on the list to "opt-in 9.5 language" you have the right to file a grievance under Article 37 Sec.[1][c]. Any hours in excess of 9.5 hours for any 3 or more days that you over 9.5 in a workweek will be paid at triple-time provided your grievance is won. </p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">Remember, the triple-time penalty that is awarded to you is minus the [1.5] time and a half you were already paid on your check. Is that clear? I'll try to word it again. When you win your grievance, you will be paid time and a half for the total hours worked over 9.5 each day.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">Hopefully, your Local is doing their job and you receive a "notice of settlement" regarding your grievance. This is important. From the day your grievance is settled, the company has 10 days to pay the penalty. Watch for it and be counting the days. If the payment [noted on your check as "adjustment" or "grievance"] is not paid in 10 days, you need notify the company immediately. The company has until your second scheduled workday to get you your money if the amount is over $30 for full-time or $15 for part-time. If they do not, you can file another grievance for a "pay shortage" under Article 17. This grievance will allow for an additional penalty of half your daily guarantee for each full week the shortage goes uncorrected.</p> <p style="margin-left: 20px"></p> <p style="margin-left: 20px">This proceedure can get you a very large sum if you are timely in its execution. </p></blockquote><p></p>
[QUOTE="union4life, post: 879333, member: 35190"] [INDENT] The procedure is not automatic. Since the company knows you do not want "excessive" overtime and your name appears on the list to "opt-in 9.5 language" you have the right to file a grievance under Article 37 Sec.[1][c]. Any hours in excess of 9.5 hours for any 3 or more days that you over 9.5 in a workweek will be paid at triple-time provided your grievance is won. Remember, the triple-time penalty that is awarded to you is minus the [1.5] time and a half you were already paid on your check. Is that clear? I'll try to word it again. When you win your grievance, you will be paid time and a half for the total hours worked over 9.5 each day. Hopefully, your Local is doing their job and you receive a "notice of settlement" regarding your grievance. This is important. From the day your grievance is settled, the company has 10 days to pay the penalty. Watch for it and be counting the days. If the payment [noted on your check as "adjustment" or "grievance"] is not paid in 10 days, you need notify the company immediately. The company has until your second scheduled workday to get you your money if the amount is over $30 for full-time or $15 for part-time. If they do not, you can file another grievance for a "pay shortage" under Article 17. This grievance will allow for an additional penalty of half your daily guarantee for each full week the shortage goes uncorrected. This proceedure can get you a very large sum if you are timely in its execution. [/INDENT] [/QUOTE]
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