February 17, 2005: Boston Local 25 President Ritchie Reardon told Joint Council 10 that the IBT Parcel Division approved a mid-contract giveback to UPS that violates language in the New England supplement. Reardon’s statement was part of his testimony in a hearing on internal union charges over the concession. The testimony marks the first time that anyone has put on the record that the IBT approved the contract concession. Reardon said the approval was not issued in writing.

Sunday to Thursday Without Premium Pay
Local 25 negotiated a side agreement with UPS management, after the company threatened to move some jobs, that allowed the company to establish a Sunday to Thursday workweek with no premium pay for Sundays. The New England supplement recognizes only a Monday to Friday or a Tuesday to Saturday workweek.  The UPS contract requires that all mid-contract agreements be approved by the Joint National Negotiating Committee.

The giveback quickly spread to locals 42, 191, 340 and 671.

Other local unions voted the giveback down or refused to hold a vote—even though UPS threatened some locals that they would lose work if they did so.
Members have argued that the change to the regional supplement should have been put to a regional vote—rather than allowing UPS to pit local against local for the best deal.

The impact of this giveback continues to be felt. Recently UPS management at the Worcester hub posted a notice stating that the a.m. sort would be shut down and that the volume would be “moved to other hubs.” Worcester Local 170 was one of the locals that resisted the side agreement.

If the IBT and all New England locals had stayed united it would be impossible for management to pit members against each other in this manner.

Lawsuit Dismissed
A lawsuit filed by members to reverse the concession was dismissed on a technicality Jan. 13. The judge hearing the case ruled that the suit needed to be filed within six months of the change at Local 25, rather than within six months of the date that Local 25 refused to process members’ grievance against the change.

According to Local 25 member David Whitney, the New England Supplement Protection Committee will continue pursuing the issue through charges that are under investigation at the National Labor Relations Board. Also, internal union charges have been filed against officials of all the local unions that made the change without a proper vote of the members.