Use your 9.5 rights in the contract to get penalty pay for excessive overtime and to get your load adjusted.
Teamsters for a Democratic Union has issued a 9.5 Rights Enforcement Packet to make it easier to enforce your protections against excessive overtime.
Here are the ABCs of enforcing your 9.5 rights. Download the 9.5 Rights Enforcement Packet for the detailed explanation.
The ABCs of Enforcing Your 9.5 Rights
Step 1. Document Your Excessive Overtime. Use the 9.5 Rights Documentation Form to document any 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.
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. Depending on the situation, an appropriate next step would be adjusting your load, triple time pay for hours worked over 9.5 hours in a day, or agreement to pay the triple time penalty on the next violation.
Step 4 (if necessary): If your center manager doesn’t resolve the problem, file a grievance. The grievance should state that management violated Article 37 by working a driver on the 9.5 Opt-In list more than 9.5 hours, three times in one work week. The remedy should state: Pay triple time for all hours worked over 9.5 during the week. Adjust drivers’ load. Cease and desist from working driver over 9.5. Make whole in every way.
Click here to download the complete 9.5 Rights Enforcement Packet which includes a guide to enforcing your rights and forms to use to document your case.
Are you having trouble enforcing your 9.5 rights or getting action on your grievances? Click here to contact TDU today.
April 12, 2013: The International Union will resume contract negotiations with UPS on April 22 with the goal of reaching a deal on a proposed new contract by the end of the week. Economic issues, including healthcare, remain on the table.
The IBT and UPS have reached tentative agreements on a number of language issues, including 9.5 protections from excessive overtime.
Members have been promised that the new 9.5 language will:
- Make it easier for drivers to get on the 9.5 list. Drivers will no longer have to work over 9.5 hours three times in a week before they qualify to get on the 9.5 list.
- Protect drivers on the 9.5 list from the being over-dispatched twice a week as long as they’re kept under 9.5 three days a week.
- Require management to adjust drivers’ loads and not just pay penalty pay when 9.5 violations are ongoing.
- Create escalating penalties for repeat violations including making UPS create additional driving jobs when there are repeat violations.
- Include stronger 9.5 rights for cover drivers.
Teamster members and the Make UPS Deliver campaign have been pushing for these and other language improvements.
Every UPS Teamster will have the chance to review the proposed changes when a tentative agreement is reached to see for themselves if we’ve won clear, enforceable language protections.
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.
Working conditions at UPS are at an all-time low.
Will the new contract address the problems—or will they get swept under the rug?
UPS wants early contract negotiations.
But what will the company give up in return?
UPS predicts package volume in the U.S. will grow two to three percent in 2012.
Will growing volume mean more jobs—or just more production harassment? Read the rest …
Hoffa and Hall have promised UPS will curb production harassment, hire more package drivers and respect members’ 9.5 rights.
It’s up to Teamster members to hold Hoffa and Hall to their pledge and to Make UPS Deliver on these commitments.
Under fire for weak contract enforcement at UPS, Hoffa and Ken Hall convened a national conference call last summer to brief shop stewards and promise International Union action.
But more than six months later, Hoffa and Hall remain out of touch and missing in action. Read the rest …
Excessive overtime and 9.5 violations are out of control at UPS.
Get the facts on your 9.5 rights and how to enforce them by using the new 9.5 Rights Enforcement Form from TDU.
If you think the 9.5 Opt-In procedure is overly complicated and too weak, you’re right. And it’s no accident. Management set out to water down our protections from excessive OT and the Hoffa administration has gone along.
Drivers are paying the cost for another Hoffa-Hall surrender in bargaining—this time over the language on technology and discipline.
Read the rest …
Are long days, production harassment and 9.5 violations a problem? Not to Hoffa and Ken Hall.
Read the rest …
IBT Vice President and Package Division Director Ken Hall says local officers and members are to blame for weak contract enforcement because they bring cases “with no facts.”
Here are five changes the International Union could adopt today to increase contract enforcement. Read the rest …