Enforcing Your 9.5 Rights

January 23, 2013: Strengthening our 9.5 rights and protections from excessive overtime is one of the issues on the table in contract negotiations with UPS.

In the meantime, peak is over and our 9.5 rights are back in effect.

If you want UPS to understand that excessive overtime is a key issue, or if you just want a chance to see your family and eat dinner at a decent hour, now’s the time to get on the 9.5 list.

To help, TDU has issued a 9.5 Rights Enforcement Package. Click here to download a copy.

Step 1: Document Your Excessive Overtime. Use TDU's 9.5 Rights Documentation Form to document a work week  in which you work over 9.5 hours on three days.

Step 2: Tell your Center Manager you want to be on the 9.5 List. Fill out and turn in a 9.5 Opt-In List Request Form. Make sure to bring your steward with you.

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.

Step 3: Report a 9.5 Violation. Once you are on the 9.5 list, keep track of any work week in which you work more than 9.5 hours three times. Take your steward and report the 9.5 violation to the manager.

Step 4 (if necessary): If your center manager doesn't resolve the problem by adjusting your load and/or paying triple time for your hours in excess of 9.5, talk to your steward and file a grievance. The company may stall. But if you document your case and stay on top of your grievance, you can get triple time pay for your overtime worked over 9.5 instead of time-and-a-half.

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