UPS Tries to Water Down 9.5 Language

May 1, 2008: Is the company trying to water down the new 9.5/Excessive Overtime language it just negotiated? The new Article 37 language has been in effect since January 1. But with the exception of a few areas, the company did not post the “9.5 Opt-In/Opt-Out” lists required by the language.

The issue has reportedly been under discussion by Teamster and company officials at the highest levels.

What’s to discuss? The new language is crystal clear. The company tried to win restrictions that would prohibit some Teamsters from “opting-in,” which means they would lose their right to file 9.5 grievances.

Our union negotiators said No to these restrictions. Now management is reportedly trying to rewrite the rules.

The new Article 37 language creates a 9.5 Committee that “shall also have the authority to adopt guidelines to ensure that this Section is implemented in such a way as to balance the Employer’s need to protect the integrity of its operations with an employee’s legitimate need to avoid excessive overtime.”

Many UPS Teamsters are worried this language creates a loophole that could further weaken our right to grieve excessive overtime. The Parcel Division needs to hold UPS to the contract they negotiated.

The deadline for posting the Opt-In/Opt-Out lists covering June to October is May 2. As we go to press, there is still no word on whether the lists will go up on time.

As it currently stands, members who have not signed an “Opt-Out” list have retained their right to file 9.5 grievances. The penalty for violations is now triple time pay for hours worked in excess of 9.5 hours.

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