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UPS Union Issues
UPS' Last Best and Final Offer July 22 1997
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<blockquote data-quote="104Feeder" data-source="post: 1019994" data-attributes="member: 42554"><p><strong>Article 40</strong></p><p><strong></strong></p><p><strong>Preamble</strong></p><p><strong></strong>In order for the Employer, the Union and the Employees to further benefit from the expanding air operations <strong>and other services which provide a guaranteed time definite commitment</strong>, the following Sections shall supersede language on the same subjects in the Supplements, Riders, and Addenda, unless specifically dictated otherwise in this Article. <span style="color: #ff0000">This will provide a loophole to run the entire operation under Article 40, using Part-time employees. All Categories of packages can be delivered by part-time employees- goodbye to Full-Time Package car driving jobs (see below also).</span></p><p><span style="color: #ff0000"></span></p><p><span style="color: #ff0000"></span></p><p><span style="color: #ff0000"></span><span style="color: #000000"><strong>Section 1- Air Drivers </strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000">a) Air driver work shall consist of delivery,<strong>(*removed language "and"*)</strong>pickup <strong>and movement</strong> of air <strong>and other time definite</strong> packages. <strong>*REMOVED LANGUAGE which, because of time and customer commitments cannot be reasonably performed by regular package drivers *removed language*.</strong></span></p><p><span style="color: #000000"><strong></strong>Such work <strong>may (*removed language* "shall")</strong>include:</span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">1) Delivery <strong>and pickup</strong> of air <strong>and time definite</strong> packages which the regular delivery drivers cannot (<strong>*REMOVED LANGUAGE* deliver within the guaranteed time commitments *REMOVED LANGUAGE) reasonably perform within their regularly scheduled shift.</strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000"><strong></strong>2) Delivery of air <strong>and time definite</strong> packages arriving at the facility after regular drivers have been dispatched. </span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">3) Delivery and pick up of air packages on weekends and holidays.</span></p><p><span style="color: #000000">4)On Call air pickup<strong>s</strong></span></p><p><span style="color: #000000">5) Pick up at air counters and drop boxes.</span></p><p><span style="color: #000000">6) additional late air pickups</span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">7) Movement of air packages to and from airports and other locations such as service centers, UPS buildings, and driver meet points. Shuttle work currently performed by regular full-time drivers shall be excluded. Should a regular full-time driver vacate a postion which includes air shuttle work, that job shall either be rebid <strong>as it previously existed and continue to be paid at the regular driver rate</strong>, or the work may be combined with other air work to make one or more full-time job(s) <strong>to be performed by air drivers and be paid at the appropriate rate in accordance with Section 6 below. Any new shuttle work of air packages may be performed by air drivers. </strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000"><strong></strong>8) Air drivers may, on an exception basis, be used to make service on <strong>ground (*REMOVED LANGUAGE* "which are not air" *Removed Language*)</strong> packages.</span></p><p><span style="color: #000000">An exception ground package is intended to be when an Air Driver is making a pickup, as outlined above, after the regular driver has been at the customer's premises, and the customer has an exception ground package(s) for shipment, the air driver may make service on this package(s). <strong>Air drivers may also accept automatic return ground packages from consignees who have been provided this service by UPS shippers. </strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000">Any violation of Section 1, (a) 8.) <strong>with regard to ground packages</strong> shall obligate the Employer to pay the Air Driver involved the difference betwen his/her rate of pay and the top regular package car driver wage rate existing at that building. Grievances concerning violation or abuse of this shall be referred directly to the National Air Committee. </span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000"><strong>9) For the purposes of this Article only, time definite packages shall include any package which the Employer, as a part of it's service offering, guarantees delivery by a certain day of the week or a certain time of the day. Part-time unscheduled and less than 8 hour air drivers will only deliver non-air time definite packages when all reasonable efforts have been exhausted for dispatching such packages with regular package drivers and full-time air drivers, and only for the purpose of preventing time committed service failures. These employees will only pick up such packages in accordance with paragraph a) 8.) above or from letter centers. </strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000"><strong>Any violation of Section 1. (a) 9.) shall obligate the Employer to pay the part-time air driver involved the difference between his/her rate of pay and the top full-time air driver's rate of pay existing at that building. Grievances concerning this Section shall also be referred directly to the National Air Committee.</strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000">The workday for air drivers shall be as follows:</span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">1) 8 hours scheduled work in the air drivers classification, or a combination of 8 hours work in the air drivers classification and <strong>(*Removed Language* "Inside" *Removed Language*) other</strong> bargaining unit classifications <strong>except air walker (*Removed Language* "of package handling, package center operational clerk, carwasher, or porter." *Removed Language*)</strong> These employees will receive all appropriate full-time benefits. </span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">2) Less than 8 hours of scheduled work in the air drivers classification or a combination of less than 8 hours scheduled work in the air driver classification <strong>(*Removed Language* "the inside" *Removed Language) and other bargaining unit</strong> classifications <strong>except air walker (*Removed Language*) listed in (1) above. The Employer will notify the Union within 30 calendar days in writing when less than 8 hour position is created and the Union will have 30 calendar days to grieve the implementation if they believe such position is improper. This grievance shall go directly to the National Air Committee. *Removed Language*)</strong> These less than 8 hour employees shall receive appropriate part-time benefits. <strong>Any grievance filed by the Local Union alleging improper implementation of less than 8 hour positions may go directly to the National Air Committee. </strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000"><strong></strong>3) Combinations which require not more than a 2 hour gap between jobs will normally not be used unless mutually agreed to by the Local Union and the Employer. </span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">c. Air Driver Workweek </span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000"><strong>(*REMOVED LANGUAGE*" The work week for full-time air drivers currently working a Monday through Friday work week shall continue on that schedule. the work week for additional full-time air drivers shall be any 5 consecutive days in 7 and for all part-time air drivers shall be any 5 in 7 days" *Removed Language). The Workweek for scheduled full or part-time air drivers may be any combination of days in a workweek up to 5 days. </strong></span><span style="color: #ff0000"><strong>Split work week, any combination imaginable!</strong></span><span style="color: #000000"><strong>d. </strong>Air Driver Guarantee and Overtime</span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">4.) The provisions above to not apply to<strong> (*Removed Language* "air exception work" *Removed Language*) an unsheduled air driver who performs extra work under Sections 1. h. j. or k below. </strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000"><strong></strong>h. Unscheduled (*Removed language* "Exception" *Removed Language*) Air Drivers</span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">1) The Employer and the Union recognize that there may be air and time definite packages that cannot be picked up, moved or delivered by the regular full-time package car driver or the scheduled air drivers listed in this Section. Therefore, the parties agree to continue the practice of allowing the use of part-time employees who have signed the <strong>unscheduled (*removed language* "Exception" *removed language*)</strong> qualified list or who have expressed in writing their desire to be on the list and who have been certified to deliver <strong>pickup and move these (*Removed Language* "Exception Air" *Removed Language*)</strong> packages. </span><span style="color: #ff0000"><strong>All categories of packages can be delivered by part-time employees. Goodbye to full-time package driving jobs.</strong></span><span style="color: #000000"> </span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">2) employees certified on the <strong>(*Removed Language* "Exception"*Removed Language*) Unscheduled</strong> Air Driver List who have not worked over 40 hours in the current work week shall be offered this <strong>extra air driver</strong> work by seniority.</span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000">3) <strong>Unscheduled (*Removed Language*"Exception"*Removed language*)</strong> air drivers shall have no guarantee and will be paid only for the time worked <strong>as an air driver</strong> <strong>(*Removed Language*"making air deliveries"*Removed language*)</strong>. In the Event a part-time employee works over 8 hours in any 1, 24 hour period he or she shall be compensated at the rate of time-and-one-half for all hours worked over 8 at the rate of pay specified in Section 6 below. </span></p><p><span style="color: #000000"></span></p><p><span style="color: #000000"><strong>4) No unscheduled air driver shall be required by the Employer to wait at a center for packages off the clock.</strong></span></p><p><span style="color: #000000"><strong></strong></span></p><p><span style="color: #000000"><strong>Proposed July 22, 1997</strong></span></p></blockquote><p></p>
[QUOTE="104Feeder, post: 1019994, member: 42554"] [B]Article 40 Preamble [/B]In order for the Employer, the Union and the Employees to further benefit from the expanding air operations [B]and other services which provide a guaranteed time definite commitment[/B], the following Sections shall supersede language on the same subjects in the Supplements, Riders, and Addenda, unless specifically dictated otherwise in this Article. [COLOR=#ff0000]This will provide a loophole to run the entire operation under Article 40, using Part-time employees. All Categories of packages can be delivered by part-time employees- goodbye to Full-Time Package car driving jobs (see below also). [/COLOR][COLOR=#000000][B]Section 1- Air Drivers [/B] a) Air driver work shall consist of delivery,[B](*removed language "and"*)[/B]pickup [B]and movement[/B] of air [B]and other time definite[/B] packages. [B]*REMOVED LANGUAGE which, because of time and customer commitments cannot be reasonably performed by regular package drivers *removed language*. [/B]Such work [B]may (*removed language* "shall")[/B]include: 1) Delivery [B]and pickup[/B] of air [B]and time definite[/B] packages which the regular delivery drivers cannot ([B]*REMOVED LANGUAGE* deliver within the guaranteed time commitments *REMOVED LANGUAGE) reasonably perform within their regularly scheduled shift. [/B]2) Delivery of air [B]and time definite[/B] packages arriving at the facility after regular drivers have been dispatched. 3) Delivery and pick up of air packages on weekends and holidays. 4)On Call air pickup[B]s[/B] 5) Pick up at air counters and drop boxes. 6) additional late air pickups 7) Movement of air packages to and from airports and other locations such as service centers, UPS buildings, and driver meet points. Shuttle work currently performed by regular full-time drivers shall be excluded. Should a regular full-time driver vacate a postion which includes air shuttle work, that job shall either be rebid [B]as it previously existed and continue to be paid at the regular driver rate[/B], or the work may be combined with other air work to make one or more full-time job(s) [B]to be performed by air drivers and be paid at the appropriate rate in accordance with Section 6 below. Any new shuttle work of air packages may be performed by air drivers. [/B]8) Air drivers may, on an exception basis, be used to make service on [B]ground (*REMOVED LANGUAGE* "which are not air" *Removed Language*)[/B] packages. An exception ground package is intended to be when an Air Driver is making a pickup, as outlined above, after the regular driver has been at the customer's premises, and the customer has an exception ground package(s) for shipment, the air driver may make service on this package(s). [B]Air drivers may also accept automatic return ground packages from consignees who have been provided this service by UPS shippers. [/B] Any violation of Section 1, (a) 8.) [B]with regard to ground packages[/B] shall obligate the Employer to pay the Air Driver involved the difference betwen his/her rate of pay and the top regular package car driver wage rate existing at that building. Grievances concerning violation or abuse of this shall be referred directly to the National Air Committee. [B] 9) For the purposes of this Article only, time definite packages shall include any package which the Employer, as a part of it's service offering, guarantees delivery by a certain day of the week or a certain time of the day. Part-time unscheduled and less than 8 hour air drivers will only deliver non-air time definite packages when all reasonable efforts have been exhausted for dispatching such packages with regular package drivers and full-time air drivers, and only for the purpose of preventing time committed service failures. These employees will only pick up such packages in accordance with paragraph a) 8.) above or from letter centers. Any violation of Section 1. (a) 9.) shall obligate the Employer to pay the part-time air driver involved the difference between his/her rate of pay and the top full-time air driver's rate of pay existing at that building. Grievances concerning this Section shall also be referred directly to the National Air Committee. [/B] The workday for air drivers shall be as follows: 1) 8 hours scheduled work in the air drivers classification, or a combination of 8 hours work in the air drivers classification and [B](*Removed Language* "Inside" *Removed Language*) other[/B] bargaining unit classifications [B]except air walker (*Removed Language* "of package handling, package center operational clerk, carwasher, or porter." *Removed Language*)[/B] These employees will receive all appropriate full-time benefits. 2) Less than 8 hours of scheduled work in the air drivers classification or a combination of less than 8 hours scheduled work in the air driver classification [B](*Removed Language* "the inside" *Removed Language) and other bargaining unit[/B] classifications [B]except air walker (*Removed Language*) listed in (1) above. The Employer will notify the Union within 30 calendar days in writing when less than 8 hour position is created and the Union will have 30 calendar days to grieve the implementation if they believe such position is improper. This grievance shall go directly to the National Air Committee. *Removed Language*)[/B] These less than 8 hour employees shall receive appropriate part-time benefits. [B]Any grievance filed by the Local Union alleging improper implementation of less than 8 hour positions may go directly to the National Air Committee. [/B]3) Combinations which require not more than a 2 hour gap between jobs will normally not be used unless mutually agreed to by the Local Union and the Employer. c. Air Driver Workweek [B](*REMOVED LANGUAGE*" The work week for full-time air drivers currently working a Monday through Friday work week shall continue on that schedule. the work week for additional full-time air drivers shall be any 5 consecutive days in 7 and for all part-time air drivers shall be any 5 in 7 days" *Removed Language). The Workweek for scheduled full or part-time air drivers may be any combination of days in a workweek up to 5 days. [/B][/COLOR][COLOR=#ff0000][B]Split work week, any combination imaginable![/B][/COLOR][COLOR=#000000][B]d. [/B]Air Driver Guarantee and Overtime 4.) The provisions above to not apply to[B] (*Removed Language* "air exception work" *Removed Language*) an unsheduled air driver who performs extra work under Sections 1. h. j. or k below. [/B]h. Unscheduled (*Removed language* "Exception" *Removed Language*) Air Drivers 1) The Employer and the Union recognize that there may be air and time definite packages that cannot be picked up, moved or delivered by the regular full-time package car driver or the scheduled air drivers listed in this Section. Therefore, the parties agree to continue the practice of allowing the use of part-time employees who have signed the [B]unscheduled (*removed language* "Exception" *removed language*)[/B] qualified list or who have expressed in writing their desire to be on the list and who have been certified to deliver [B]pickup and move these (*Removed Language* "Exception Air" *Removed Language*)[/B] packages. [/COLOR][COLOR=#ff0000][B]All categories of packages can be delivered by part-time employees. Goodbye to full-time package driving jobs.[/B][/COLOR][COLOR=#000000] 2) employees certified on the [B](*Removed Language* "Exception"*Removed Language*) Unscheduled[/B] Air Driver List who have not worked over 40 hours in the current work week shall be offered this [B]extra air driver[/B] work by seniority. 3) [B]Unscheduled (*Removed Language*"Exception"*Removed language*)[/B] air drivers shall have no guarantee and will be paid only for the time worked [B]as an air driver[/B] [B](*Removed Language*"making air deliveries"*Removed language*)[/B]. In the Event a part-time employee works over 8 hours in any 1, 24 hour period he or she shall be compensated at the rate of time-and-one-half for all hours worked over 8 at the rate of pay specified in Section 6 below. [B]4) No unscheduled air driver shall be required by the Employer to wait at a center for packages off the clock. Proposed July 22, 1997[/B][/COLOR] [/QUOTE]
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