March 1, 2012: Excessive overtime is out of control at UPS. Get the facts on your 9.5 rights and how to enforce them by using TDU’s 9.5 Rights Enforcement Form.
Unwanted overtime and 9.5 violations are out of control at UPS. The company is cutting and combining routes and sending other drivers out for long hours.
The Hoffa administration has made it easier for UPS to violate our 9.5 rights: first by watering down our 9.5 protections in the contract and then by folding to the company in the grievance procedure.
But working together, UPS Teamsters can defend ourselves from excessive overtime.
Teamsters for a Democratic Union has produced a new tool for UPS Teamsters to use to get on the 9.5 Opt-In list, document 9.5 violations, and win the triple pay penalties we deserve.
Getting on the 9.5 List
Exercising your 9.5 rights is a two-step process. First drivers have to get on the 9.5 list. Then you have to file grievances every time you work more than 9.5 hours a day three times in a week.
To win grievances, it is critical to follow and document these steps. That’s what the 9.5 Rights Enforcement Form is for.
Step one is to document a work week in which you worked three days over 9.5 hours. The 9.5 Rights Enforcement Form includes a table where you can easily document the simple but critical details: dates, your start time, lunch, end time, and hours worked.
Once you have documented this information, you have to tell your Center Manager that you want to be on the 9.5 list. Make sure to bring your steward.
In the Office
Use the Enforcement Form to document what happens in your meeting with management.
A driver who works over 9.5 hours on three days in one work week qualifies for the 9.5 list. (There are exceptions for unassigned drivers and drivers with extended routes.)
The driver should be added to the 9.5 Opt-In list for a five-month period, excluding November and December. This means if you get added to the Opt-In list in October, you will stay on the list for October through May—five months, excluding peak.
If the Center Manager denies you your right to get on the Opt-In list, document that fact and their reasons why on the 9.5 Rights Enforcement Form. Then file a grievance citing Article 37.
If the Center Manager makes any threats that you will be over-supervised, given extra performance rides, or be targeted with technology, document that too.
The more documentation you have—and the more drivers in your center that are getting on the 9.5 Opt In list—the more protection you will have.
Once you are on the 9.5 list, you should use the 9.5 Rights Enforcement Form to document every time you work more than 9.5 hours three times in a work week. Again, you will need the simple but critical details: dates worked, start time, end time, breaks and total hours worked.
Armed with your evidence, go with your steward to speak with the Center Manager to request that the company comply with Article 37 of the contract, which calls for the company to adjust the driver’s work schedule and pay triple time pay for hours worked over 9.5 hours in a day.
If the company agrees to resolve the problem, note the settlement on the 9.5 Rights Documentation Form.
Depending on the situation, an appropriate settlement calls for adjusting your load, triple time pay for hours worked over 9.5 hours in a day, or agreement to pay the triple time penalty on the next violation.
If the company doesn’t agree, file a grievance. You can download sample grievance language here.
You should file a new grievance every week the company works you over 9.5 as long as you are on the 9.5 list.
We’re Stronger Together
UPS Teamsters can enforce our rights—but we’ve got to document it each step of the way. We’re stronger if we stick together.
You can use the 9.5 Contract Enforcement Form to enforce your 9.5 rights. Even better, talk with other drivers in your center about doing the same. It’s harder for management to target a group.
TDU can help. We can hold a 9.5 enforcement workshop in your area. And we can give you advice on writing grievances, documenting violations and defending yourself from management harassment.