File a grievance and win if management takes away your 8-hour guarantee by using Code 5.
Full-time UPS employees are guaranteed 8 hours of pay each day.
But UPS supervisors frequently change time cards from Code 06 (8-Hour Guarantee) to Code 05 (Actual Time Worked) and lower members’ pay without notifying them.
Every member can and should file a grievance and win back pay every time this happens. This issue is also ripe for a group grievance demanding back pay for all affected members.
Landmark Grievance Victory in Texas
In Local 767 in Texas, members won an important victory (Case # 2022-11-240 Local 767 vs Red River District) that outlines our rights.
Not only did the union win five months of full back pay for all employees whose time cards had been changed from Code 06 (8-Hour Guarantee) to Code 05 (Actual Time Worked).
The grievance panel decision also bans the company from forcing drivers to sign a document in order to get their 8 hours – because this violates the ban against extra-contractual agreements (Article 6).
Grievances and Group Action
Even after this decisive decision, the company continues to violate the contract.
Management sends messages to drivers during the day asking drivers if they want to get Code 05 (pay actual) or Code 06 (the 8-hour guarantee) and stating that anyone requesting Code 06 must respond and take extra work.
In Colorado, members responded to the intimidation tactic by organizing all drivers to respond to the DIAD message: “Our 8-hours guarantee is guaranteed in the contract.”
Dozens of Teamsters sent this message every day. Management panicked and began to call individual union members and ask them who was instructing them to send the message.
After a few days, UPS changed the message to remove the part about giving extra work to those requesting their 8-hour guarantee.
Code 05 and Code 06 Violations
"During the contract campaign we learned how to get union members organized, so when UPS tried violating our 8-hour guarantee, we knew what to do. We coordinated dozens of members to respond to management DIAD messages and defend our rights under the contract. We will enforce our 8-hour guarantee.”
Greg Gallegos, Local 455