Excessive overtime continues at UPS

Report from Scott Ford, business agent

DENVER — Excessive overtime continues to be an issue with our package car drivers, and I want to outline the procedure that must be followed in order to have 9.5 protection. The 9.5 language can be found under Article 37 Section C of the current National Master United Parcel Service Agreement.

If you have four years or more seniority as a package car driver, you have protection regardless if you have a bid route, are a bid coverage driver or a swing driver. Package car drivers with less than four years seniority have protection if they have a bid route, bid coverage position, or are assigned a route that is in existence for one week or more.

Once you have three violations in a work week, Monday- Friday, you must notify your steward and you and your steward notify management prior to your start time on Monday that you want to be added to the 9.5 list. Once added you have protection for five months that can only be interrupted by peak season, November and December. The five months starts the Monday following you and your steward’s notification to management. UPS may only work you in excess of 9.5 hours two days per week and must adjust your dispatch the other three days in order to keep you under 9.5 hours.

If UPS violates you after you have had your name added to the list, you must file a grievance in order to document the violation and be paid. The penalty to UPS is triple time for all hours worked in excess of 9.5. Since you are already on overtime the penalty is an additional 1.5 times your hourly rate for the time in excess of 9.5 hours. You must file a grievance in order to get paid. UPS will try and talk you out of going on the 9.5 list, promising days off and all kinds of other things in violation of our labor agreement. Remember this is business and the UPS management team should not be upset about you being on the 9.5 list. It’s your right and we negotiated this language in good faith to make it more convenient for you to use this language.

Due to the increase of e-commerce and UPS’s slow response to change, its business model from one that relied heavily on business to business shipments to one that is rapidly changing to more of a business to consumer model, UPS wants to make the drivers responsible for the company’s inability to staff properly. Remember article 3 section 7 of the National Master compels UPS to maintain an adequate work force. It’s your contract, use it and Teamsters Local Union 455 will back you 100 percent. If every driver that is eligible to use this language and where to use it, UPS would have no choice but to add more full time jobs. More full time jobs increases job security, increases the overall health of our pension and health and welfare plans and provides you more opportunity to bid, which is good for all of us.

Eight-hour requests
Every seniority package car driver is entitled to three (3) eight-hour requests per month and the language can be found in Article 19 section 3 of the Central Region Supplement. You must request an eight-hour request a minimum of 24 four hours in advance. It is up to UPS to adjust your dispatch so you can be in and off the clock within eight hours or less. Use this language to your advantage so you can manage your hours. Using your eight-hour request language and the excessive overtime language gives you the contractual right to manage your hours and work life balance.

Congratulations to recent retirees Roger Bowers, Tom Burnett, Colleen Collyer, Dale Doy, Jeff Elzea, Sammmy Fortajada, Sam Houston, Bill Johnson, Kathy Kohler, Richard Kremer, Gary Seefeldt, Stan Tweeten

Report from Robert (BJ) Jackson, business agent
Since Sysco lost the fight in the attempt to merge with US Foods, the negotiations around the country have been contentious, to say the least. Their contract expires on August 27 of this year here in Denver and we are expecting a tough go of it. My stewards at Sysco have been filing grievances left and right, especially in the transportation department and they seem to be over the same four or five articles. The company is leaving us no choice, so I put them on notice that we would file board charges if they violated any of these articles again.
Harborlite/Imerys — Business has been slow for this company here in Colorado, and our members are struggling to work a full work week. There are a few irons in the fire for some new business, so we are keeping our fingers crossed. Last year we extended the contract and kept everything as is, and the expiration of that extension is coming around very quickly, June 30, as a matter of fact.

US Foods — This company is revamping its management structure and now has regional presidents handling the business for three or four OPCO’s at a time. The person in charge here in Denver also runs the Albuquerque and the Lubbock branches and his title is the Rocky Mountain Area President. This contract is also expiring this year on October 1. We have been having a hard time making this company toe the line also, and we usually have weekly grievance meetings to address all of the issues.

Aramark — Aramark recently moved their facility to the new area over by Northfield and the warehouse has much more room than their last facility. They are in the middle of restructuring vending routes as we speak but I believe most of the guys will remain in their same area.

Canteen Vending — Canteen has been growing its business also and is looking to expanding and adding another facility. I believe the company is in the final stages prepping for the move, and when they are done they will have two warehouses to deliver from in Denver, one in Greeley and one in Colorado Springs. The main issue that we have at Canteen right now is the implementation of a “tobacco surcharge.” We believe this violates the contract and have filed a grievance on the matter. I have been in touch with the labor elations director of the Rocky Mountain Region, and hope to resolve the issue without proceeding to arbitration.

Americold — In my last report I reported that Americold had lost some business, I am happy to report that they have replaced that business and the guys are getting all the hours that they need. They also tried to implement a “tobacco surcharge” at this company, but after talking to the manager they rescinded this action. I believe the only ones currently paying the surcharge are the nonunion associates.

Whitewater — I have talked to my steward at this company which is located in Grand Junction, and I believe that they are a little bit busier than normal for this time of year. These members drive cement trucks, so they are of course in the construction industry. I will be paying them a visit again in the early spring to see how they fared through the winter.

Seattle Fish — I am happy to report that this company is also picking up new business and while they are not moving to a new facility the membership has increased there from 50 members when I first started representing them to approximately 95 members now.

Darling — Things have been quiet with my members at Darling and I don’t believe they have picked up a lot of business but they are steadily growing.

In closing my report for this month I would like to remind everyone to pay attention to your paychecks. I know it can be a pain with the automatic deposit and having to go on line to view your pay stubs. But that was how I got alerted to the fact that they were charging the tobacco surcharge at Americold. Mistakes are easy to make also and it’s up to you to check your pay to make sure the company covers everything from shift differential to overtime and Holiday pay.

I hope everyone had an enjoyable holiday season and that you are all ready to get back to the grind and make this a great new year.

I would like to send my personal condolences to the family of Jeff Koontz. He was a proud Teamster member and was a close personal friend of mine. We played a lot of golf together and were in the same men’s (golf) club and he will be sorely missed. My thoughts and prayers are with his family.

Report from Dave Ring, business agent
UPS news — As most of you are aware, in order to meet the changing needs of customers’ buying habits and to keep ahead of the volume generated by online sales, UPS elected for the last two years to work/operate the day after Thanksgiving as a normal work day, including delivery of ground packages. Thanksgiving is a negotiated holiday and therefore the ground operations would require under the central contract that all employees be paid the double time rate for hours in addition to holiday pay.

In prior years, the company only delivered air packages. Under Article 40 of the contract air drivers and support employees who were scheduled to work were paid straight time.

Even though the company elected to operate as a normal day on the negotiated holiday, they are hiding behind the language in Article 40 to avoid paying the double time rate for all of the air drivers and Gateway employees required to work the day after Thanksgiving.

The International Union small package division heard a grievance on this issue and it is scheduled to be arbitrated.
The union’s position is if UPS wants to force their employees to work a negotiated holiday and run a full operation, then the air drivers and Gateway employees should be paid the double time rate and Article 40 would not apply.
Teamsters Local Union 455 has filed a grievance on this issue to protect the rights of the air operation employees in the event the arbitrator rules in the union’s favor.

I will keep you informed of any decisions on this issue.

For those members covered under Team Care, UPS and Transervice Platte River Group, formerly Air Liquide members, CVS has acquired Target Pharmacies. You will now have the option of using the Target stores or continue using the mail in order.

There is no cost for either mail in or Target stores for maintenance drugs. 90-day scripts, three-month refill is $0.00 cost.

Non-maintenance drugs through Target are $5 co-pay.

Transervice members can do the same with a 20 percent co-pay off a discounted three-month supply.
The UPS retiree party is scheduled for Saturday, March 26, 2016, 11a.m. to 2:p.m. at Tedz Place (formally Charlotte’s Web), hope to see everyone there.

Report from Don Ramsey, business agent
United Airlines — MX and Related. United’s offer of a “Close Out Proposal” is currently being voted on. As this edition of the Rocky Mountain Teamster went to press, the vote was scheduled to end on February 1, and we were awaiting results. The question of whether the 2200 furloughed will be voting was posed by Local 455 to the legal department and has been answered and the majority of them will NOT be eligible as they have never been a Teamster or paid dues. Although there are many gains in the company offer they do not outweigh the negatives and the executive committee and Local 455 are recommending a NO VOTE on the proposal.

Frontier Airlines — MX and Related, Material Specialists, and MX Controller Group-Contract negotiations are continuing under the direction of the NMB and Mediator Mike Tosi.

American Airlines — The American Airlines contract was ratified November 30. The vote was 6993 for, 2522 against. CWA and IBT have been meeting with the company to come to an agreement on the implementation. This will be done in phases, because the computer systems for American cannot be programmed to accommodate all the changes immediately.

The increase in base wages went into effect for all employees on December 7. The negotiated wage increase will be in your paycheck the week of December 24.

The increase in premiums was effective on December 1, but the antiquated systems could not accommodate the change. The system does recognize the change effective December 7. Time-and-a-half overtime wages will be paid to you as they should be. Overtime worked in excess of four hours on a scheduled work day will be paid at double-time.Weekly double time is paid after eight hours of time-and-one-half has been paid for overtime worked on scheduled days off.

The newly negotiated daily and weekly double time payments are effective on December 7 for LUS employees, December 7 for daily overtime qualifiers and December 12 for weekly overtime qualifiers for LAA employees due to the different pay periods.

We agreed to a one-time lump sum settlement for the premiums and overtime from December 1 to December 6. The lump sum is $12.65 per person. This will be paid in your check sometime in late January or early February.

The Article 2 Change in Control grievance settlement provides payments of $1000 for each full-time employee and $500 for each part-time employee who was on the payroll as of December 9, 2013, and remains on the payroll today. You will receive your Change in Control Settlement of $500 or $1000 during the last pay period of January or the first pay period of February.

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