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Steward Alert
New Contract Brings New Rules 
Far too many drivers fail to read the contract and rely solely on their stewards for infomation. But a lot of folks did read the new contract proposals. Now they are confused because some of those changes are not going to happen here in Denver and I'll tell you why.
 The first of these would be the new 9.5 language in the National that calls for an opt in/opt out list. We aren't going to use that. We are going to use the same program we've used for the last few years and that language is in the Central States Supplement. If you have a 9.5 problem, get with your steward and he will tell you how to take care of it. The system is working and the 9.5 problem is a fraction of the size it was 2 years ago.
The other language is the 8 hour request language in the National that talks about a penalty of two hours pay if they over dispatch you by more than 1/2 an hour. We aren't going to use that either and will again stick with the language we have been using in the Central States Supplement. Under our system if you are over dispatched and have followed the rules that your steward will outline for you, you can bring the packages back as missed to get your 8 hour. Again, make sure you know the rules to make this happen.
In both these instances, we feel our language in the supplement works better for us than the new National language. And more importantly, if we have to file a grievance to enforce our rights under this language, then we file it under the Supplement language where we have the right to strike if the company continually disregards our demands. The Central States Supplement is the only supplement with that still contains the right to strike during the life of the contract and we feel that language is stronger than the new National
lanuage.
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How and When to File a 9.5 Grievance
While there is new language in the National Contract that addresses the problem of excessive overtime with an opt in-opt out list for nine-fivers, we in Local 455 are going to continue the policy we have in place (Art.12, of the Supplement) and have used for the past several years.
 Everyone should be familiar with the policy by now, but just in case you aren't, here is a refresher course on how and when to file a 9.5 grievance.
Many drivers are
working excessive overtime again. The company is choosing to split out routes and increase hours. Many of us are finding ourselves working 10 hours a day while other drivers go home. Center management wants to blame this problem on IE, but no matter who is to blame, there is something you can do about it.
You can fight
excessive overtime by filing a 9.5 grievance to keep your hours
down and encourage the company to hire drivers. By taking control of
your overtime situation, you are not only doing yourself and your
family a favor, but you are helping out every driver who is only working 4 days a week and every part timer who is waiting to get a shot at driving.
A 9.5 grievance
is easy to file.
First, you must let your manager or supervisor know
that you don’t want excessive overtime. Do this in the presence of your steward.
Second, you call or message
in each day you are going to be over 9.5 and inform them that you
will need help to be under 9.5 hours.
Third, when you work 3 out of
any 5 days over 9.5 hours, you tell your steward you want to file a 9.5 grievance. It’s that simple.
A 9.5 grievance is filed under Article 12 of the Central States Supplement, which
reads, “The employer shall continue its efforts to reduce overtime where requested.” Many times your supervisors will welcome a 9.5 grievance because they feel the center is understaffed also. Your
9.5 grievance gives them hard evidence to show the division manager
that more drivers are needed.
Don’t spend
your evenings away from your family by working excessive overtime. UPS has always tried to work us long hours. The contract gives you the tools to cap the number of hours you work per week. Use the tools available to you.
Get with your steward. File a 9.5
grievance. Do it for yourself and your family.
Know Your Contract
Your contract is divided into 2 parts. The first section is the National Master Agreement and the second part is the Central Region Supplement. Everyone should have a copy of the contract and read through it. Here is an example of what it says.
Article 19, ......Central States Supplement
8 Hour Request
"A package car driver and full-time inside employee may request , by a twenty-four (24) hour advance written notice, to be releived from duty after eight (8) hours of work on a particular day."
We are going to continue to use this language at Local 455 rather than new language in the Master Agreement that talks about a 2 hour penalty pay if they miss your 8- hour by more than half an hour. We have the right to make our 8 hour day even if it means bringing packages back and sheeting them as missed. You must let management know you are going to miss pieces. You must do a normal 8 hours of work. Get with your Steward if you are not sure on how this system works to guarantee that you will always get your 8 hour.
Southern Exposure
Bob Newhouse
Wo////// I always say, “the more things change, the more they stay the same”. Fortunately we had a lesser amount of snow than last year, so we dodged the perpetual Peak bullet. No Saturdays or excessive hours out of the chute this year. Of course Peak was a long 5 weeks, and never seemed to end.
We had the usual disappearance of the seasonals in the last couple of weeks causing the Sups. to pick up the slack. All and all, things ran fairly smooth for this year. As we rest up and prepare for the New Year, the same old cycle begins again. Of course hours will probably be the first issue to rear its ugly head. Make sure you are prepared for the continuation of the nine-five fight. You are obligated to let management know, (with your steward present), that you do not want nine and a half hour days. You can be dispatched with 2 in a week. You can file after the third one. Management will blow a lot of smoke up your butt when you threaten to file, but if you truly want to keep your dispatch down, you must follow up with a grievance.
The other major issue this time of year is the scheduling of vacations. This will be the last year for the March deadline for scheduling your vacations. Next year everything will be scheduled in November and December. It will be interesting to see how all of that shakes out. With all of the contractual changes taking effect next year, it will be a busy year for all of the stewards.
 Some of the more interesting fights will arise over the use of the option week as individual days off. That option will not be available for another year. The major issue is that the language opens the door for the use of part time drivers. The use of part time drivers is a long hard fought battle. It’s a shame to see the company be allowed to use them after years of keeping the driver’s ranks all full-time. We can never go backward on any giveaways so it will be interesting to see where it leads, and how badly the company abuses the language.
We continue to fight the remote center battle. The company continues to fight simple union needs such as union bulletin boards, and steward representation. The union seems content to allow these remote center drivers to be represented once a month. The company fights the bulletin boards, because they would be forced to put many of them on a post in the middle of a field where the drivers report to work. No building, no facilities. It’s a huge Union busting tactic, and the Teamsters are looking the other way. The corporations have long known about divide and conquer tactics when fighting with the Union, and it looks as if the company will win this battle hands down, with the Teamsters just looking the other way. The Teamsters are allowing the company to control the stewards’ ability to represent these people, and these people cannot stay informed because there is no posting of timely union information. By the time the Teamsters look up, the driver ranks will have been spread all over the map, and right-to-work will cause many of these people to say to hell with union representation, because they don’t get any. Oh well, it’s a battle fought higher up and farther away than I have any control over!
Well, ever onward. Happy New Year. What will 2008 bring? Hard to say, but I would imagine, “the more things change, the more they stay the same”.
How I Lost $1000
I lost $1000 last month. I screwed up a grievance. I was stupid and I paid for it.
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The grievance was for supervisors working. I had time cards showing over 31 hours and I filled out the grievance myself and had my steward sign it and I presented it to the center manager. It was a busy time, I had another one for the next day for 21 hours that I filed for another driver and another one for the day after that for 10 hours. On the second two, I was not the grievant but the steward of record.
I sent the three grievances down to my BA and in a couple of days he called me. The grievances I filed as the steward for other drivers were good ones, but the one I filled out for myself and just had another steward sign was not. I had forgotten to put down a remedy. The grievance was not properly filled out, he told me, and it wouldn't fly. It would be tossed out on a technicality. He said I should just go in a withdraw it. Lost...31 hours of double time!
"Make grievant whole for all hours worked by management." That's my standard statement of remedy for a supervisor working grievance. That's all I would have needed to have said on the grievance to make it a winner. I could have just said "Pay grievant." I probably could have just said "Pay" and I would have won. But my lack of attention to detail cost me dearly. One word worth a thousand dollars and I missed it.
Looking back I'm glad it was my grievance I messed up and not somebody else's. I didn't have to go tell another driver that my screw up had cost them that much money. I did have to tell my wife and that was bad enough. A thousand dollar lesson is a pretty hard lesson to learn but you can be damn sure I'll be more attentive in the future.
The Teamster Twofer
A Teamster Twofer is when you take two sick days in a row because you think that two in a row count as one attendance discrepancy. NOT.
The attendance policy is not written in the contract, it's an agreement between the company and the Local Union. Our policy states that a person can have 3 discrepancies in a rolling 13 week period without accruing discipline. On the 4th discrepancy though, a warning letter can be issued. Each discrepancy must be documented in a timely manner with the employee and his Steward.
There is a misconception that if you are absent two days in a row, it only counts as one discrepancy. For about the last 6 months, the company has been documenting those as two discrepancies. Only recently have people begun getting into trouble, when they incur a 3rd and 4th discrepancy, while thinking they should only have been charged with one day.
The rule is that the company will take into due consideration any serious illness when counting consecutive days as individual misses. And a serious illness is one for which you have sought medical treatment. That means you have to go the doctor.
So the only way to possibly avoid discipline if you intend to take a Teamster Twofer and it will be your 3rd and 4th discrepancies is to have a doctor's excuse to present when you get disciplined.
That takes a lot of the fun out of a Teamster Twofer.
A Steward's Tools
Bob Newhouse
The following are some of the tools I find effective for being a steward at UPS.
 1. Establish relationships with management.
Much as you would like to berate, and punish your manager for their indiscretions, a quality business-like relationship will benefit you and your membership a great deal more than constantly being on the fight. While it doesn’t hurt to have an occasional go-round with them, a good relationship is key when it comes to the major cases.
2. Listen carefully.
Very often you will gain valuable information just by overhearing the conversations of others. (Yes they do it to You!) Casual comments in the office, or even in the guard shack can alert you to issues or information that may help you in cases you may be involved in. You can also pick up on the nuances of how one management person relates to another. This knowledge can be very valuable in trying to settle important cases.
3. Build a sense of trust between yourself, your union membership, and management.
It’s very simple. People won’t confide in you if they don’t trust you. You must respect the privacy of the individual be it a member you are representing, or a manager that is bringing you a problem. If you betray that trust, you may never get it back.
4. Regardless of your relationships, let all parties know in no uncertain terms that you will represent the union, and your members with everything you have.
To quote Teddy Roosevelt “speak softly, but carry a big stick”, or something like that. Everyone involved must understand that you are ready to fight. It’s the tool you must save for the right occasion, but it’s the tool you need to brandish on occasion.
Remember also that a fight in front of the membership is worth ten times more than a fight behind closed doors.
Stewards Do the Math
Have you ever gone into the office to represent a driver and had your manager whip out the calculator and start pounding in numbers. He'll say this poor slob of a driver is not using the methods and he's not keeping his nose to the grindstone and he's costing the center money instead of making the center money. The manager will have a stack of reports to back
up his claim: the WOR showing the driver is over allowed; Sparky, showing which stops the driver wastes time at; previous OJS rides showing demostrtated levels of performance and so on.
But the ultimate hammer is the calculator. If the guy is 2 hours over and that's at the OT rate of $42.25, then he's literally stealing $84.50 from the company every day. That's $422.50 per week. Or almost $22,000 a year. If 50,000 drivers did this, that's......oh my God, all the profit the company makes!! We can't afford to have you around, you're going to
bring down the whole company! This justifies a 3 day ride and all future harassment...just look at these numbers!
But there is some math that managers never do. How about these numbers. Let's say this poor slob of a driver comes in every day and spends just 15 minutes in his car before his start time looking for misloads and checking out his Next Day Air. That's 15 minutes he doesn't have on the end of his day where it would be paid at the OT rate. That's one and a quarter hours per week at $42.25 or $52.82. Or almost $2700 a year. If the guy works 25 years, he has given the company $68,000 in free labor by looking over his load every morning for just 15 minutes a day.
Let's say he also skips his lunch. That's 5 hours a week at $42.25, or $211.25 a week. That's $11,000 a year that the company gets in free labor. Let's say 20,000 drivers are skipping their lunch everyday. That's.....well it's a lot of money every year in free labor that UPS is getting. Then there is the tax savings for them because they don't have to pay Federal or State tax on that amount. The savings to UPS are huge.
But managers never do that math in the office. Stewards need to do that math and have it written in the back of their contract book so they can quote it. We can crunch numbers just as well as they can. Fight fire with fire.
Know Your Contract
Your contract is divided into 2 parts. The first section is the National Master Agreement and the second part is the Central Region Supplement. Everyone should get a copy of the new agreement reached in 2002 and read through it. Here is an example of what it says.
Article 17, ......National Master Agreement
Tax Deferred Savings Plan 401(k)
"The employer and the Union agree to continue the Teamster UPS National 401(k) Tax Deferred Savings Plan. The employer shall pay the record-keeping expense for the Plan."
"It is further agreed, by the Union and the Employer, that the Employer shall withhold from an employee's earnings, amounts mutually agreed between the Employer and the employee, and deposit such monies into a 401(k) account in the employee's name in compliance with the Internal Revenue Code and the E.R.I.S.A."
"The Plan will be jointly administered by the Union and the Employer."
If you are not in the 401(k) plan, you're a fool.
The Day the Earth Stood Still
It was a bitter cold day in February of 2004 and I thought that my biggest problem was going to be the horizontal snow that was blowing in from the north. The wind chill was brutal. It was the kind of day that makes UPS drivers dream about retirement. Then my Business Agent called.
"They're going to fire you", he said. "I just got off the phone with the District Manager and he's boiling. He's really hacked. I think they're going to axe you."
I suddenly felt sick. My future flashed before me like a blank page. Time stopped, I held my breath and the earth stood still. I looked around for a hole to crawl into.
"Get that off your website", he warned. "Get if off there as soon as you get home."
All that day I agonized over my "crime" and hurried through my route. I had published a little story about a letter that the Rocky Mtn. District had mailed out to all UPSers in the Central States Pension Plan. This was only a few months after the Plan had given the discouraging news that they were reducing benefits. The company letter was sympathetic but made the grossly inaccurate statement that UPS donates over $20,000 a year to Central States for every fulltime UPS employee. The actual amount is $8,632.
 I felt that the letter was misleading. I hadn't intended to anger anyone when I brought the facts to light and I thought I done it with some delicacy. I suggested, tongue in cheek, that while the District Manager's heart was in the right place, perhaps he was just not good with numbers. (Of course, he had taken the District from a ranking of last up to second...mostly, by improving our numbers).
I hurried home and removed the article that night from my website and things cooled down over the next few weeks. By March 1st, it became apparent I was not going to lose my job and I began to breathe again. The Internet gives a person a degree of free speech not available in the workplace. I'm glad I didn't lose my job and I gained a little insight into what a member feels when the axe is raised over their heads and they are about to be fired. It's a real sick feeling right in the pit of your stomach.
Thankfully, the company hasn't sent out any more letters and I've tried not to get myself into that position again.
I Wish I Had....
I’ve been talking to a lot of retirees lately and I always like to ask them what they would have done differently while at UPS. I get a wide range of answers. Most of them start out:
I wish I had…….
 …used the tools available to me to limit my hours and spent more time with my wife. My wife passed away last year. The extra money is long ago spent, I wish I had more memories in the bank.
…taken some pictures of my co-workers.
…paced myself for the long haul. I worked way too hard, skipped my lunch and sacrificed my body. And for what? Doing more than my best only brought me more work, not gratitude.
…not been so afraid of retaliation when I spoke up. Why did I let them intimidate me like that? I feel like a fool.
….filed more supervisor working grievances.
…spoken up more. I hated the way they treated us like we were the problem. The problem was their attitude toward us.
…taken a stand against getting harassed on the phone. I work for a great boss now, but I’m still afraid to call him. That’s the lingering UPS effect.
…not skipped my lunch. I wish they would pay me now for all the work I did off the clock. I made those guys rich by working for free. Now I need my money.
…use the 9.5 language to my advantage and not been so afraid to speak up.
…devoted more time to my family and used my 8-hour requests every month.
…gathered all my co-workers email addresses.
…put more into my 401k and done it earlier.
…gotten involved with the Union and politics. I should have worked on more campaigns.
…questioned authority more. No one’s ever been fired for production. I should have gotten paid for all the work I did for free. I shouldn’t have let them bully me.
…not bought into their guilt trips.
I won’t tell you how many people say they wish they had taken more days off. Since we don’t have any chance for days off other than to call in sick, I don’t think that’s very good advice. But most of the answers given above are very good advice. Listen to your elders.
And You Think Unions Don't Matter
An appeals court overturned a $1.5 million verdict awarded to a woman who was spanked in front of co-workers in what her employer called a camaraderie-building exercise.
A jury in 2006 had ruled that Janet Orlando had suffered sexual harassment and sexual battery when she was paddled at home security company Alarm One Inc.
The jury punished the company with a $1 million punitive damage award.
 But on Monday, a three-judge panel of the state Court of Appeal overturned that verdict, ruling that the jury had been given improper instructions.
In particular, the jury wasn't instructed that one vital element of proving that sexual harassment occurred is showing the action was directed at a woman because of her gender.
Lawyers for Alarm One, an Anaheim-based, 300-employee company, said that the spankings were not discriminatory because they were given to both male and female workers and that Orlando and others willingly took part.
Orlando's attorney, Nicholas "Butch" Wagner, vowed to take the case to trial again.
"We may get more this time," Wagner said.
But K. Poncho Baker, the attorney who defended the company at trial in 2006, said that because the company has since gone into bankruptcy and its insurance was exhausted battling Orlando's claim and settling with three other co-workers, there may be little left to recover.
"Good luck retrying this one," Baker said.
Orlando quit the company in 2004, less than a year after she was hired at the Fresno office, saying she was humiliated during the company's team-building practices.
Employees were paddled with rival companies' yard signs as part of a contest that pitted sales teams against one another.
The winners poked fun at the losers, throwing pies at them, feeding them baby food, making them wear diapers and swatting their buttocks.
The company has since abandoned the practice.
The Right to Cuss
Kansas City labor attorney Doug Bonney has written a series of articles that clear up many common misconceptions about your legal rights on the job. You can find these articles on the KCLabor website. One of the topics he discusses is your right to cuss on the job.
"Let's talk about cussing at work. As I have mentioned before in these pieces, if you do not have a union or a definite employment contract, you are an employee at will and can be fired for any reason or no reason at all. Therefore, employees at will can be fired for cussing at work (and probably for cussing away from work), and there would be nothing that could be done about it."
 "Unionized employees are in a better position because almost all collective bargaining agreements include provisions that require just cause for discharge or discipline. Many arbitrators have held that the mere use of profanity or vulgar language is not enough to justify disciplining an employee. This is particularly true where the culture of the plant or workplace has tolerated cussing for a long time.
The key factor is usually whether the language used and the employee's behavior show an abusive intent. Abusive behavior is grounds for discipline, especially when it is directed towards management or customers. In addition, sexual harassment lawsuits have caused many employers to try to crackdown on sexually charged profanity. These cases may raise First Amendment issues, but arbitrators will usually uphold the discipline or discharge of an employee who used sexually charged profanity to demean or abuse another employee, supervisor, or customer."
"Another issue that arises in unionized workplaces concerns the use of profanity in connection with a labor dispute, such as during a grievance meeting or on buttons or picket signs. In a 1966 case, the Supreme Court recognized that exaggerated language is commonplace in labor disputes. Thus, the Court applied principles similar to those applied in First Amendment cases. The NLRB and arbitrators have confronted many, many cases involving offensive, vulgar, profane, or otherwise spirited language.
Generally, the cases have held that such language is protected unless it is so flagrant, violent, or extreme that it renders the employee unfit for further service with the employer. Thus, an arbitrator upheld a grievance challenging a disciplinary suspension imposed on a union president who called a warehouse manager a "fucking liar" during a grievance meeting. Similarly, an arbitrator recently held that an employee could not be disciplined for wearing a button that said "When will this shift end?" Even though the word "shift" could be misread as a scatological reference,
the arbitrator held the button was protected activity under the National Labor Relations Act. But this doctrine is not unlimited. A couple of years ago the federal appellate court in St. Louis held that a profane picket sign referring to a particular scab by name and asking "Who is [the scab] sucking today?" was not protected so that an employee who carried the sign for a mere five minutes was properly discharged."
Be careful what you say on the job. Remember the key elements here. Cussing is one thing, but abusive intent will usually get you fired.
Know Your Contract
Your contract is divided into 2 parts. The first section is the National Master Agreement and the second part is the Central Region Supplement. Everyone should get a copy of the agreement reached in 2002 and read through it.
Where to Find Things in the Contract Book
Your Cheat Sheet
UPS/Teamster Contract and Central States Supplement 2002-2008
Topic
Article #
Page#
1. 401k Plan.........................................................29, sec. 3................................70-71
2. 6th&7th day work............................................12, sec. 9.................................184
3. 8-hour request.................................................19, sec. 3.................................197-198
4. 9.5 day.............................................................12, sec. 1.................................181-182
5. Accidents.........................................................18, sec .3.................................46-47
6. Air Drivers.......................................................40, sec. 1&2,4.........................121-128,132
7. Air Drivers wages...........................................40, sec. 6.................................133
8. Air Hub.............................................................40.............................................128-132
9. Breakdown/Road Closure.............................10.............................................177
10. Bumping..........................................................3, sec. 9..................................164
11. Cost of Living COLA.....................................33..............................................72-74
12. Customer complaints....................................17..............................................196
13. Disability payments.......................................14, sec. 7-8..............................187
14. Discharge and suspension...........................17.............................................194-196
15. Doubles/triples pay rate................................19, sec. 8.................................199
16. Early start time...............................................12, sec. 2,6 .............................182-183
17. Employee working off the clock....................17, sec. 3..................................42-43
18. Excessive rides..............................................37, sec. 2.................................114-115
19. Extra work........................................................3, sec. 16................................170
20. Fair Day's Work, Fair Day's Pay..................37.............................................113
21. Feeder driver bid change............................... 3, sec. 13...............................167-168
22. Funeral leave..................................................29, sec. 2..................................69-70
23. Grievance procedure......................................5, sec. 1..................................172-173
...................................... 7.............................................19
24. Harassment.....................................................37, sec. 1-2-3.........................113-115
25. Holidays.........................................................15..............................................187-188
26. Hours of work.................................................12, sec. 1..................................181-182
27. Innocent until proven guilty............................. 7................................................19
28. Jury duty..........................................................29, sec. 1...................................68-69
29. Laid off feeder drivers...................................19, sec. 2...................................197
30. Loss of driver’s license.................................16, sec. 3.1-3.3.........................36-39
.....................................35, sec. 1-2...............................79-80
31. Maternity leave...............................................16, sec. 4...................................39-40
32. Meals and breaks..full time............................18..............................................196-197
33. Mechanics personal tools..............................19, sec. 4.................................198
34. Medical examinations....................................29, sec. 1-4...............................58-60
35. Mileage pay rates...........................................43, sec. 3..................................144
36. New hire orientation.........................................1, sec. 1...................................155-156
37. Option day.......................................................15...............................................188
38. Package car driver..bidding procedure.........3, sec. 8...................................162-163
39. Package car driver..returned to building......19, sec. 6...................................198
40. Package car driver..route change..................3, sec. 9...................................163-164
41. Package car driver..bid coverage jobs..........3, sec. 18................................171
42. Paid for time.....................................................19, sec. 1.................................197
.......................................17..............................................42-43
43. Paid holidays....................................................15, sec. 1-2..............................187-188
44. Part time............................................................22, sec. 1-5..............................61-64
45. Part time breaks...............................................11, sec. 6.................................180
46. Part time employees........................................11, sec. 1-7..............................178-180
47. Part time transfer to full time..............................3, sec. 10...............................164-165
........................................11, sec. 2.................................179
48. Pay periods..........................................................8, sec. 1................................176..
49. Penalty pay........................................................17...............................................42-43
50. Picket line........................................................... 9, sec. 1,3................................27-28
51. Resignation..........................................................2............................................157-158
52. Safety and health rules......................................13, sec. 1-2............................184-185
........................................18.............................................43-58
53. Seniority...............................................................3, sec. 1-7.............................158-162
54. Sleeper teams...................................................43.............................................140-144
55. Stewards.............................................................4...............................................12-14
........................................21..............................................60
.........................................5..............................................172-174
56. Struck goods..................................................... 9, sec. 2....................................27
57. Start time..........................................................12, sec. 4.................................182-183
58. Subcontracting...................................................1.................................................1
........................................26.............................................66-67
........................................32.............................................72
59. Supervisors working..........................................3, sec. 7................................10-11
..........................................1, sec. 2................................157
60. Temporary alternate work (TAW)...................14, sec. 2.................................33-34
61. Tractor trailer school..........................................3, sec. 14..............................168-170
62. Uniforms............................................................42............................................139
......................................... 6............................................175-176
63. Unsafe equipment............................................18, sec. 1................................44-45
64. Vacations..........................................................16.............................................189-194
65. Wages/part time...............................................22, sec. 5................................63-64
66. Wages/full time..................................................41, sec. 2...............................136-137
67. Wages/feeder mileage pay.............................43, sec. 3...............................144
68. Workers comp..................................................14, sec. 1.................................32-33
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February 2008
