Excessive Overtime Advice
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.
By Steve Kelly, Local 252, Olympia, Wash.
Throughout negotiations, we heard big talk about harassment. I was honestly shocked at the skimpy results.
As a shop steward, the new language does nothing for me.
We’ve been able to make the company pay 9.5 grievances. The biggest problem with the 9.5 language is getting loads adjusted.
We were looking for new language that would make UPS adjust our loads and address understaffing.
What we got is so watered-down it’s pathetic. If you win three paid 9.5 grievances in five months, you get a frigging meeting? Give me a break.
The contract already has good harassment language that says management can’t over-supervise or harass employees.
The problem is there are no penalties to make UPS pay for violations.
Without that, all you have is nice language and no teeth.
The UPS Driver Daily Log Book is a tool to help you track your day and protect yourself against production harassment and unfair discipline.
This NEW revised Log Book includes: tips for OJS rides and an OJS checklist; how to follow the methods and work smart; protecting yourself from falsification and “dishonesty” charges; and a supervisors working reporting form.
$4.00 each; $3 each for five or more. Click here to order.
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.
Under a contract loophole, UPS and the International Union have agreed to new restrictions that will make it harder for drivers to file grievances against excessive overtime.
Our contract is supposed to protect package car drivers from unwanted excessive overtime. But in a memo dated Dec. 18, the International Union announced that it had negotiated new guidelines that will make it tougher for members to file excessive overtime grievances.