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.