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<blockquote data-quote="The Other Side" data-source="post: 561612" data-attributes="member: 17969"><p>Lets keep this debate as simple as possible. First, what does the contract say about the telematics information involved in this case????</p><p> </p><p>Well, in Article 37 of the National Master agreement, the very last sentence in section 1 (d) covers this issue.</p><p> </p><p>It reads:</p><p><strong><span style="font-size: 15px">"No employee shall be disciplined for exceeding personal time based on Data recieved from the DIAD/IVIS or other information technology."</span></strong></p><p></p><p>Pretty cut and dried to say the least. This is why you must ALL learn the rights afforded to you by this contract.</p><p> </p><p>But wait, those like Tiedguy will say that Article 6 says the company can use the information for discipline...</p><p> </p><p>This would be true but except for a little clause in Article 2 of the National Master that says this:</p><p> </p><p><strong><span style="font-size: 12px">"..Except where specifically stated otherwise in the Master Agreement, nothing in this Master Agreement shall deprive any employee of any superior benefit contained in their supplement, rider or addendum."</span></strong></p><p></p><p>So, to explain it, its simple. Article 37 language cancels out article 6 language because its a SUPERIOR benefit to the employee.</p><p> </p><p>Any and all information recieved by DIAD <strong>CANNOT</strong> be used for discipline for exceeding personal time. The information is useless.</p><p> </p><p>A grievance should be filed for the case involving the bathroom break considered to be exceeding personal time as the data used for establishing this is NULL and VOID.</p><p> </p><p>There are three things to remember when dealing with telematics and the company.</p><p> </p><p>1) we are innocent until proven guilty, not GUILTY until we prove ourselves innocent.</p><p> </p><p>2) The data recieved or recorded minutes of downtime cannot be used for discipline.</p><p> </p><p>3) Employees have the right to superior language anywhere in the contract in order to protect themselves.</p><p> </p><p>Use your rights, defend yourselves properly.</p></blockquote><p></p>
[QUOTE="The Other Side, post: 561612, member: 17969"] Lets keep this debate as simple as possible. First, what does the contract say about the telematics information involved in this case???? Well, in Article 37 of the National Master agreement, the very last sentence in section 1 (d) covers this issue. It reads: [B][SIZE=4]"No employee shall be disciplined for exceeding personal time based on Data recieved from the DIAD/IVIS or other information technology."[/SIZE][/B] Pretty cut and dried to say the least. This is why you must ALL learn the rights afforded to you by this contract. But wait, those like Tiedguy will say that Article 6 says the company can use the information for discipline... This would be true but except for a little clause in Article 2 of the National Master that says this: [B][SIZE=3]"..Except where specifically stated otherwise in the Master Agreement, nothing in this Master Agreement shall deprive any employee of any superior benefit contained in their supplement, rider or addendum."[/SIZE][/B] So, to explain it, its simple. Article 37 language cancels out article 6 language because its a SUPERIOR benefit to the employee. Any and all information recieved by DIAD [B]CANNOT[/B] be used for discipline for exceeding personal time. The information is useless. A grievance should be filed for the case involving the bathroom break considered to be exceeding personal time as the data used for establishing this is NULL and VOID. There are three things to remember when dealing with telematics and the company. 1) we are innocent until proven guilty, not GUILTY until we prove ourselves innocent. 2) The data recieved or recorded minutes of downtime cannot be used for discipline. 3) Employees have the right to superior language anywhere in the contract in order to protect themselves. Use your rights, defend yourselves properly. [/QUOTE]
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