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NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT
NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT
For the Period of
August 1, 1997 through July 31, 2002
covering:
operations in, between and over all of the states, territories, and possessions of the United States and operations into and out of all contiguous territory. The UNITED PARCEL SERVICE, INC., an Ohio Corporation, and a New York Corporation, in their Common Carrier Operations hereinafter referred to as the "Employer," and the TEAMSTERS UNITED PARCEL SERVICE NATIONAL NEGOTIATING COMMITTEE representing Local Unions affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, and Local Union No.____which Local Union is affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, agree to be bound by the terms and conditions of this Agreement.
ARTICLE 1. PARTIES TO THE AGREEMENT
The Employer and the Union adopt this Article and enter into this Agreement with a mutual intent of preserving and protecting work and job opportunities for the employees covered by this Agreement. No bargaining unit work will be subcontracted, transferred, leased, assigned or conveyed except as provided in this Agreement.
Section 1. Operations Covered
The execution of this Agreement on the part of the Employer shall cover all employees of the Employer in the bargaining unit at any existing centers, new centers, new trailer repair shops, new air hubs and gateway operations, new buildings, and any other new operations of the Employer within the jurisdiction of the Local Union signatory to this Agreement as determined or may be determined by the International Brotherhood of Teamsters, with regard to wages, hours and other conditions of employment.
Section 2. Employees Covered
Employees covered by this Agreement shall be construed to mean, where already recognized, feeder drivers, package drivers, sorters, loaders, unloaders, porters, office clerical, clerks, mechanics, maintenance personnel (building maintenance), car washers, United Parcel Service employees in the Employer's air operation, and to the extent allowed by law, employees in the export and import operations performing load and unload duties, and other employees of the Employer for whom a signatory Local Union is or may become the bargaining representative.
In addition, effective August 1, 1987, the Employer recognized as bargaining unit members clerks who are assigned to package center operations, hub center operations, and/or air hub operations whose assignment involves the handling and progressing of merchandise, after it has been tendered to United Parcel Service to effectuate delivery. These jobs cover: package return clerks, bad address clerks, post card room clerks, damage clerks, rewrap clerks, and hub and air hub return clerks. This agreement also governs the classifications covered in Article 39-Trailer Repair Shop.
Section 3. Transfer of Company Title or Interest
This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and assigns. In the event an entire operation, or portion thereof, or rights only, are sold, leased, transferred or taken over by sale, transfer, lease, assignment, receivership or bankruptcy proceedings, such operation or use of such rights shall continue to be subject to the terms and conditions of this Agreement, for the life thereof.
On the sale, transfer or lease of an individual run or runs, or rights only, the specific provisions of this Agreement shall prevail. It is understood by this Section that the parties hereto shall not sell, lease or transfer such run or runs or rights to a third (3rd) party to evade this Agreement.
In the event the Employer fails to require the purchaser, the transferee, or lessee to agree to assume the obligations of this Agreement, the Employer (including partners thereof) shall be liable to the Local Union and to employees covered for all damages (including but not limited to monetary damages) sustained as a result of such failure to require assumption of the terms of this Agreement until its expiration date, but shall not be liable after the purchaser, the transferee or lessee has agreed to assume the obligations of this Agreement. The Employer shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, assignee, etc., of the operation covered by this Agreement or any part thereof, including rights only. Such notice shall be in writing with a copy to the Local Union, at the time the seller, transferor, or lessor executes a contract or transaction as herein described. The Teamsters United Parcel Service National Negotiating Committee and Local Unions involved shall also be advised of the exact nature of the transaction, not including financial details.
ARTICLE 2. SCOPE OF AGREEMENT
Section 1. Single Bargaining Unit
All employees, Unions and the Employer covered by this Master Agreement and the various Supplements, Riders and Addenda thereto, shall constitute one (1) bargaining unit. It is understood that the printing of this Master Agreement and the aforesaid Supplements, Riders and/or Addenda in separate agreements is for convenience only and is not intended to create separate bargaining units.
To the extent provided by law, this Agreement shall be applied to all subsequent additions to, and extensions of, current common carrier operations of the Employer and newly established operations of the Employer which are utilized as a part of such current operations of the Employer, without additional evidence of Union representation of the employees involved (provided that newly acquired operations of the Employer, which are not utilized as a part of such current common carrier operation of the Employer, shall not be deemed additions to, or extensions of, operations of the Employer). If the Employer purchases a related common carrier business, the Employer, to the extent allowed by law, recognizes the Teamsters UPS National Negotiating Committee as the bargaining representative and will meet to negotiate proper terms to be included in that new bargaining agreement.
Section 2. Riders
Present Supplements, Riders and Addenda shall remain in effect.
Any new Supplement, Rider or Addendum, or changes to Supplements, Riders or Addenda or in the contract affiliation of any Local Union covered by this Agreement must be submitted to the Joint National Negotiating Committee for review and approval. Failure to be approved by the Committee shall render said Supplement, Rider or Addendum null and void.
Any lesser conditions contained in any Supplement, Rider or Addendum shall be superseded by the conditions contained in this Master Agreement. However, except where specifically stated otherwise in the Master Agreement, nothing in this Master Agreement shall deprive any employee of any superior benefit contained in their Supplement, Rider or Addendum.
ARTICLE 3. RECOGNITION, UNION SHOP AND CHECKOFF
Section 1. Recognition
(a) The Employer recognizes and acknowledges that the National Union Committee and Local Unions affiliated with the International Brotherhood of Teamsters are the exclusive representatives of all employees of the Employer in covered classifications. The employees and Unions covered under this Master Agreement and the various Supplements, Riders and Addenda thereto shall constitute one (1) bargaining unit.
(b) When the Employer needs additional employees, he shall give the Union equal opportunity with all other sources to provide suitable applicants, but the Employer shall not be required to hire those referred by the Union.
If employees are hired through an employment agency, the Employer shall pay the employment agency fee, if any, due from the employee. However, if the Union has been given equal opportunity to furnish employees, as provided herein, and if the employee is retained through the probationary period, this fee need not be paid until the thirty-first (31st) day of employment, except as otherwise provided in the Local Union Supplements, Riders and Addenda.
Business agents and/or a steward shall be permitted to attend new employee orientations in the right-to-work states. The sole purpose of the business agent's or steward's attendance shall be to encourage new employees to join the Union. The steward shall remain on the clock for up to fifteen (15) minutes for that purpose if the orientation is held during his or her normal working hours at his or her normal place of work.
Section 2. Union Shop and Dues
(a) All present employees who are members of the Local Union on the effective date of this Subsection or on the date of execution of this Agreement, whichever is the later, shall remain members of the Local Union in good standing as a condition of employment. In order to assist the Local Unions in maintaining current and accurate membership records, the Employer will furnish the appropriate Local Union a list of new employees. The Employer agrees to notify the Local Union when a new employee attains seniority. This notification will be made in conjunction with the new employee listing. The list will include the name, address, social security number, date of hire, hub or center to which assigned, shift, and classification or position hired into. The list will be provided on a monthly basis. All present employees who are not members of the Local Union and all employees who are hired hereafter, shall become and remain members in good standing of the Local Union as a condition of employment on and after the thirty-first (31st) day following the beginning of their employment, or on and after the thirty-first (31st) day following the effective date of this subsection, or the date of this Agreement, whichever is the later. An employee who has failed to acquire, or thereafter maintain, membership in the Union, as herein provided, shall be terminated seventy-two (72) hours after the Employer has received written notice from an authorized representative of the Local Union, certifying that membership has been, and is continuing to be offered to such employees on the same basis as all other members, and further that the employee has had notice and opportunity to make all dues or initiation fee payments. This provision shall be made and become effective as of such time as it may be made and become effective under the provision of the National Labor Relations Act, but not retroactively.
(b) No provision of Section 2(a) of this Article shall apply to the extent that it may be prohibited by state law.
Section 3. Dues Checkoff
The Employer agrees to deduct from the pay of all employees covered by this Agreement the initiation fees, dues and/or uniform assessments of the Local Union having jurisdiction over such employees. The Local Union will provide the Employer a weekly amount to be deducted from each employee. The Local Union will individually specify the weekly amount to be deducted for initiation fees, union dues and/or assessments. For initiation fees and assessments, the Local Union will notify the Employer the number of weeks these deductions are to be taken from the employee. Notification of deductions to be made by the Employer for the benefit of the Local Union must be received at least one (1) month prior to the date the deduction is to be made. The obligation of the Local Union to provide this information shall be satisfied by the transmission of a computer file in mutually agreeable format.
The Employer will provide a remittance to the Local Union within fifteen (15) days following the check date the deduction was taken. With each remittance, the Employer shall submit a report, by center and/or sort, listing all employees alphabetically with their social security number and job classification. For those employees who had no deduction for the week, the Employer will provide a reason. In the event the Local Union does not want to receive a weekly remittance, the Employer will provide a monthly remittance by the 15th day of the following month. However, if this option is chosen, the Employer will still make weekly deductions as described above.
Where law requires written authorization by the employee, the same is to be furnished in the form required. No deduction shall be made which is prohibited by applicable law.
Any Local Union shall have the option of monthly deductions with monthly remittance on or before the 15th day of the same month.
On written request of the employee, payroll deductions will be made to purchase U.S. Savings Bonds for said employee.
The Employer agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE. DRIVE shall notify the Employer of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. The Employer shall transmit to DRIVE National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's Social Security number and the amount deducted from that employee's paycheck. The International Brotherhood of Teamsters shall reimburse the Employer annually for the Employer's actual cost for the expenses incurred in administering the weekly payroll deduction plan.
The Employer agrees to deduct certain specific amounts each week from the wages of those employees who shall have given the Employer written notice to make such deductions. The Employer will remit amounts deducted to the applicable credit union once each week. The amount so deducted shall be remitted to the applicable credit union once each month or weekly. The Employer shall not make deductions and shall not be responsible for remittance to the credit union for any deductions for those weeks during which the employee's earnings shall be less than the amount authorized for deductions.
In the event the Employer has been determined to be in violation of this Article by a decision in the grievance procedure, and if such Employer subsequently is in violation thereof after receipt of seventy-two (72) hours' written notice of specific delinquencies, the Local Union may strike to enforce this Article. However, such strike shall be terminated upon the delivery thereof. Errors or inadvertent omissions relating to individual employees shall not constitute a violation.
Section 4. Work Assignments
The Employer agrees to respect the jurisdictional rules of the Union and, except as otherwise provided in this Master Agreement, Supplements, Riders, or Addenda, shall not direct or require their employees or persons, other than the employees in the bargaining units here involved, to perform work which is recognized as the work of the employees in said units. This is not to interfere with bona fide agreements with bona fide unions.
Section 5
The term "Local Union" as used herein refers to the IBT Local Union which represents the employees of the Employer at the particular place or places of business to which this Agreement, and the Supplements, Riders or Addenda thereto are applicable, unless by agreement of the Local Unions involved or by directive issued pursuant to the IBT International Constitution.
Section 6
When the Employer institutes an electronic funds transfer (EFT), system the employee shall have the option of participating.
Section 7. Supervisors Working
The Employer agrees that supervisors or other employees of the Employer who are not members of the bargaining unit shall not perform any bargaining unit work except where permitted by the applicable Supplement, Rider or Addendum and only after exhausting all procedures set forth in such Supplement, Rider or Addendum.
The Employer also agrees that supervisors shall not perform bargaining unit work in preparing the work areas before the start of the Employer's hub, preload or reload operation, nor shall the Employer send any bargaining unit employee home and then have such employee's work performed by a supervisor.
If an aggrieved employee proves at any step of the grievance procedure that a supervisor performed bargaining unit work in violation of the supervisor's working provisions in this Agreement or the applicable Supplement, Rider or Addendum under which the employee is entitled to be paid, he or she will be provided the following remedy: If such work amounts to less than two (2) hours the aggrieved employee will be paid the actual hours worked by the supervisor. If the supervisor's work exceeded two (2) hours, the aggrieved employee will be paid four (4) hours or actual hours worked whichever is greater. Any payments shall be at the grievant's rate of pay. Such remedy shall be in addition to any other remedies sought by the Union in the applicable grievance procedure.
ARTICLE 4. STEWARDS
The Employer recognizes the right of the Local Union to designate Job Stewards and alternates from the Employer's seniority list. The authority of Job Stewards and alternates so designated by the Local Union shall be limited to, and shall not exceed, the following duties and activities:
(a) The investigation and presentation of grievances with the Employer or the designated company representative in accordance with the provisions of the collective bargaining agreement:
(b) The collection of dues when authorized by appropriate Local Union action; and
(c) The transmission of such messages and information, which shall originate with, and are authorized by the Local Union or its officers, provided such message and information:
(1) have been reduced to writing; or
(2) if not reduced to writing, are of a routine nature and do not involve work stoppages, slowdowns, refusal to handle goods, or any other interference with the Employer's business.
Job Stewards and alternates have no authority to take strike action or any other action interrupting the Employer's business, except as authorized by official action of the Local Union. The Employer recognizes these limitations upon the authorized Job Stewards and their alternates, and shall not hold the Union liable for any unauthorized acts. The Employer in so recognizing such limitations shall have the authority to impose proper, nondiscriminatory discipline, including discharge. However, in the event the Job Steward or the designated alternate has led, or instigated or encouraged unauthorized strike action, slowdown or work stoppages in violation of this Agreement he/she may be singled out for more serious discipline, up to and including discharge.
Recognizing the importance of the role of the Union Steward in resolving problems or disputes between the Employer and its employees, the Employer reaffirms its commitment to the active involvement of union stewards in such processes in accordance with the terms of this Article.
The Job Steward or the designated alternate shall be permitted reasonable time to investigate, present and process grievances on the Company's property without interruption of the Employer's operation. Upon notification to his or her supervisor, a steward shall be afforded the right to leave his/her work area for a reasonable period of time to investigate, present and process grievances and to represent a fellow employee concerning grievances or discipline so long as such activity does not interrupt the Employer's operations. The Employer will make a reasonable effort to insure that its operations are not interrupted by the steward's engaging in such activity. The Employer shall not use interruption of its operation as a subterfuge for denying such right to the steward.
Where mutually agreed to by the Local Union and Employer, stewards may investigate off the property or other than during their regular schedule, without loss of time or pay. Stewards will be paid for time spent in meetings under this Article which occur during the steward's regular working hours. Stewards shall also be paid for time spent in meetings which occur outside his or her working hours, or on days off, by mutual consent. Such time spent during the Job Steward's or the designated alternate's regular working hours shall be considered working hours in computing daily and/or weekly overtime if within the regular schedule of the Job Steward or the designated alternate.
The Employer recognizes the employee's right to be given requested representation by a Steward, or the designated alternate, at such time as the employee reasonably contemplates disciplinary action. The Employer also recognizes the steward's right to be given requested representation by another Steward, or the designated alternate, at such time as the Steward reasonably contemplates disciplinary action. When requested by the Union or the employee, there shall be a steward present whenever the Employer meets with an employee concerning grievances or discipline or investigatory interviews.
In such cases, the meeting shall not be continued until the steward or alternate steward is present.
If an employee does not wish to have a Union steward present in any meeting where the employee has a right to Union representation under this Article, the employee shall sign a waiver of Union representation, a copy of which shall be furnished to the Union upon its request.
Job Stewards, or designated alternates, shall be allowed to wear an identifying steward's badge, provided by the Union, at all times while on the Employer's premises.
ARTICLE 5. SANITARY CONDITIONS
The Employer agrees to maintain a clean, sanitary washroom having hot and cold running water with toilet facilities in all present and future buildings. The Employer further agrees to provide separate toilet and changing facilities for male and female employees in all present and future UPS buildings which have more than fifteen (15) drivers.
The Employer shall implement procedures designed to ensure privacy for all employees when using facilities in UPS buildings with fifteen (15) or fewer drivers.
Such toilet facilities will be equipped with proper ventilation devices and shall be heated as climatic conditions shall warrant.
The Employer agrees to provide lockers for those employees who are required to change into a uniform or take a lunch period. All other employees will be provided a suitable area for keeping personal items and clothes.
ARTICLE 6
Section 1. Extra Contract Agreements
Except as may be otherwise provided in this Agreement, the Employer agrees not to enter into, or attempt to enter into, any agreement or contract with its employees, either individually or collectively, or to require or attempt to require employees to sign any document, either individually or collectively, which in any way conflicts with the provisions of this Agreement. Any such Agreement or document shall be null and void. Any such agreement or document may not be placed in an employee's file or used by the Employer as a basis for discipline or used in connection with any disciplinary proceeding, nor may any such agreement or document nor the contents thereof be divulged to any person or entity.
In addition, an employee's refusal to sign a Company form relating to the principle of a fair day's work shall not be used for disciplinary purposes unless the signing is required by law or by this Agreement.
Section 2. Workweek Reduction
If either the Fair Labor Standards Act or the Hours of Service Regulations are subsequently amended so as to result in substantial penalties to either the employees or the Employer, a written notice shall be sent by either party requesting negotiations to amend those provisions which are affected. Thereafter the parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory solution. In the event the parties cannot agree on a solution within sixty (60) days, or mutually agreed extensions thereof after receipt of the stated written notice, either party shall be allowed economic recourse.
Section 3. New Equipment
Where new types of equipment and/or operations, for which rates of pay are not established by this Agreement, are put into use after the ratification date of this Agreement within operations covered by this Agreement, rates governing such operations shall be subject to negotiations between the parties. This paragraph shall apply to all new types of equipment including office and clerical equipment.
In the event agreement cannot be reached within sixty (60) days after the date such equipment is put into use, the matter may be submitted to the National Grievance Committee for final disposition. Rates agreed upon or awarded shall be effective as of the date equipment is put to use.
Section 4. Technological Change
1. Technological change shall be defined as any significant change in equipment or materials which results in a significant change in the work of the bargaining unit or significantly diminishes the number of workers in the bargaining unit.
2. The Employer and the Union agree to establish a National Teamster/UPS Committee for Technological Change, consisting of an equal number of representatives from the Union and UPS. The Committee shall meet at the request of either party.
3. The Employer will advise the affected Local Unions and the National Teamster/ UPS Committee for Technological Change of any proposed technological changes at least six (6) months prior to the implementation of such change except where the change was later determined in which case the Employer shall provide as much notice as possible.
4. The Employer shall be required to provide the Local Union or the National Teamster/UPS Committee for Technological Change, upon written request, any relevant information to the extent available regarding the technological changes.
5. The Employer will meet with the Local Union, or, if requested, the National Teamster/UPS Committee for Technological Change, promptly after notification to negotiate regarding the effects of the proposed technological changes.
6. In the event that the Local Union and Employer cannot reach an agreement on effects, the matter shall be referred to the National Teamster/UPS Committee for Technological Change.
7. In the event that the National Committee cannot reach agreement on the dispute, either party may refer all outstanding disputes to the National Grievance Committee for resolution in accordance with the provisions of Article 8 in order to determine if the Employer has violated the provisions of this Section or if the change will result in a violation of any other provision of the collective bargaining agreement.
Section 5. Hourly Training
1. It is agreed that Teamster represented employees, on a voluntary basis, may train other employees. UPS reserves the right to choose to use or not to use Teamster represented trainers to fulfill its training needs.
2. Trainers shall be paid a $.50 per hour training premium for each hour spent training.
Drivers training helpers, in accordance with Supplemental Agreements, and two (2) on the car rides for the purpose of route knowledge shall not be entitled to the training premium.
3. The parties shall establish a National Training Committee. The Committee shall be empowered to hear and resolve any disputes that may arise over these issues. Unresolved disputes will be subject to the National Master Grievance Committee.
4. Each Supplemental area shall meet and agree or continue existing agreements on the details of the application of this agreement in their area in accordance with Supplemental language. Other issues left for resolution at this level include, but are not limited to, the minimum qualifications for trainers, if any, the number of hours to be worked by the trainer, and the application of Supplemental language concerning compensation for work performed in higher classifications. Disputes shall be resolved in accordance with paragraph 3.
5. Trainer selection and assignments to on the job training will be done in accordance with supplemental seniority provisions, providing the trainers have the necessary qualifications and skills for the job.
6. The training records that a Teamster represented trainer can be required to complete for drivers, are those previously agreed to by the parties. If the Employer wishes to amend these forms, it will first meet and agree with the National Training Committee. Such agreement will not be unreasonably withheld. No training record or verbal report by the trainer will be relied upon to discipline any employee or to evaluate any seniority employee's performance.
7. If a trainer is removed from the qualified list by the Employer, that employee and the Local Union shall have access to the grievance procedure. If the Union establishes that the removal was not for just cause, the grievant shall be reinstated.
8. No trainer shall be required to train in any method which violates the Collective Bargaining Agreement.
9. Teamster represented trainers will not be permitted to perform or recommend disciplinary action.
10. Teamster represented trainers will not be required to make decisions or recommendations regarding the attainment of seniority, by their trainees. The decision as to whether a trainee attains seniority will be made solely by UPS management.
11. Employees to be retrained, after qualifying in their classification, and seniority employees scheduled for safety rides, may request that a non-bargaining unit employee perform that training, in lieu of a Teamster represented trainer. Such requests will be honored.
12. Trainers will not be held liable for auto accidents incurred by the trainee.
ARTICLE 7. LOCAL AND AREA GRIEVANCE MACHINERY
Except in cases involving cardinal infractions under the applicable Supplement, Rider or Addendum, an employee to be discharged or suspended shall be allowed to remain on the job, without loss of pay unless and until the discharge or suspension is sustained under the grievance procedure. Notwithstanding the foregoing, any superior provisions in Supplements, Riders or Addenda shall prevail. The Union agrees it will not unreasonably delay the processing of such cases.
Provisions relating to local, state and area grievance machinery are set forth in the applicable Supplements, Riders or Addenda to this Agreement. The procedures set forth in the local, state and area grievance procedure may be invoked only by the authorized Union representative or Employer.
All monetary grievance settlements shall be submitted by separate check payable to the grievant or grievants and a copy of the same sent to the Local Union for their records. Such settlements shall be paid within ten (10) working days of the settlement.
Authorized representatives of the Union may file grievances alleging violation of this Agreement, under local grievance procedure, or as provided herein. Time limitations regarding the processing of grievances, if not set forth in the respective Supplemental Agreements, Riders or Addenda, must appear in the Rules of Procedures of the various grievance committees and shall apply equally to the Employer, the Union and the employees.
ARTICLE 8. NATIONAL GRIEVANCE PROCEDURE
Section 1.
All grievances and/or questions of interpretation arising under the provisions of this National Master Agreement shall be resolved in the following manner:
Deadlocked cases involving only National Master language may be submitted to the National Master Panel for decisions. Those deadlocked cases which cannot be decided by a lower panel because of disagreement over the interpretation of National Master language may be submitted to the Master Panel for interpretation. Requests for interpretations with no factual case to be decided, will be heard by the Master Panel by mutual agreement of the Co- Chairpersons. Interpretations rendered on factual cases by the National Grievance Committee will be sent back to the lower panel to be used to resolve the factual case.
The Committee shall be composed of an equal number of Employer and Union representatives. The National Grievance Committee shall meet upon call of the Chairman of either the Employer or Union representatives on the National Grievance Committee. The National Grievance Committee shall adopt rules of procedure which may include the reference of disputed matters to subcommittees for investigation and report with the final decision or approval, however, to be made by the National Grievance Committee. If the National Grievance Committee resolves any dispute by a majority vote of those present and voting, such decision shall be final and binding upon all parties.
Section 2. Work Stoppages
All grievances and/or questions of interpretation arising under the provisions of this National Master Agreement shall be submitted to the grievance procedure for determination.
Accordingly, no work stoppage, slowdown, walkout or lockout over such grievances and/or questions of interpretation shall be deemed to be permitted or authorized by this Agreement except: (a) failure to comply with a duly adopted majority decision of the National Grievance Committee;
(b) failure to make health & welfare and pension contributions in the manner required by the applicable Supplemental Agreements, Riders and/or Addenda; and,
(c) nonpayment of established wage rates provided for in this Agreement, Supplements, Riders and/or Addenda.
Except as provided in subsections (b) and (c) of this Section, strikes, work stoppages, slowdowns, walkouts or lockouts over disputes, which do not arise under provisions of this National Master Agreement, shall be permitted or prohibited as provided in the applicable Supplement, Rider and/or Addendum. The Local Union shall give the Employer a seventy-two (72) hour prior written notice of the Local Union's authorization of strike action, which notice shall specify the majority National Grievance Committee decision or deadlocked National Grievance Committee decision providing the basis for such authorization. The Local Union shall comply with the provisions of the applicable Supplemental Agreement, Rider and Addendum relating to strike action resulting from delinquencies in the payment of health and welfare or pension contributions.
Section 3.
The Union and Employer may under this section review and reverse, if necessary, decisions by any area, regional or local grievance committee which interprets Master language erroneously.
The National Grievance Committee may consider and review decisions raising an issue of interpretation of Master Agreement language which are submitted by the Union (either the Parcel and Small Package Director or the General President's designee) or the designated Employer representative. The committee shall have the authority to reverse and set aside the majority decision of any area, regional, or local grievance committee, if, in its opinion, such decision is contrary to the language of the National Master Agreement. The decision of the National Grievance Committee shall be final and binding. The National Grievance Committee shall determine whether a decision submitted to it raises an issue of interpretation of Master Agreement language.
In order for such cases to be reviewed, the decision must interpret Master language. A decision raising an issue of interpretation of Master Agreement language is one in which (1) Master Agreement language was interpreted by a lower panel (2) the interpretation sets a precedent for future grievances; and (3) a reasonable case can be made that the lower panel interpretation was contrary to the true meaning of the Master Agreement. If the National Grievance Committee deadlocks on whether a decision meets these criteria, arbitration may be requested pursuant to Article 8, Section 4.
Prior to such cases being placed on the Master docket, the moving party (either the Parcel and Small Package Director or the General President's designee or the designated Employer representative) shall confer with his counter part and discuss the matter.
Cases that are docketed will be presented in the following manner:
1.) The representatives of the moving party, as described above, present first.
2.) The presenter will cite the specific Master language that the lower panel interpreted.
3.) Any evidence to prove that the interpretation was contrary to the provisions set forth in the Master Agreement must be presented.
4.) The representative of the responding party will present any responsive evidence he deems necessary.
5.) If the Master Panel is unable to reach agreement, then either party may appeal the issue presented to final and binding arbitration.
Decisions made by lower panels that are properly submitted to the National Grievance Committee pursuant to this Article and Section shall be reviewed by the National Grievance Committee. A decision will be entered by the National Grievance Committee based upon its interpretation and the facts of that case. Such decision will be final and binding upon the parties.
Arbitration decisions under any Supplement, Rider or Addendum which interpret Master Agreement language may also be submitted to the National Grievance Committee provided the three above-referenced criteria are satisfied. If an arbitration decision is reviewed by the National Grievance Committee it shall be processed in accordance with this section except that the Committee will make a final and binding decision rather than refer the case back to the arbitrator. Article 8, Section 4 shall not apply if the National Grievance Committee deadlocks upon review of an arbitrator's decision.
Section 4.
Where the National Grievance Committee fails to reach a majority decision as to any case submitted pursuant to this Article (excepting arbitrator decisions) either party shall have the right to refer the case to binding arbitration. Either party wishing to submit a grievance to arbitration must do so within ten (10) days of mailing or hand delivery of the National Grievance Committee deadlock decision. The arbitrator is to be selected from an American Arbitration Association national panel list and all aspects of the arbitration procedure shall be governed by the Rules of the American Arbitration Association. Any provision in the grievance procedure of any Supplement, Rider, or Addendum hereto which would require deadlocked disputes to be determined by any arbitration process, shall be null and void as to any grievance and/or interpretation of the National Master Agreement. The decision of the National Grievance Committee as to whether a grievance and/or interpretation which is subject to this procedure shall be final and conclusive.
Section 5.
Any grievance that does not raise an issue of interpretation of a Master Agreement Article or Section shall be resolved pursuant to the provisions relating to the local, state and area grievance procedures set forth in the applicable Supplements, Riders and Addenda. Prior to invoking the arbitration procedure the parties, by mutual agreement, may submit said case to the National Grievance Committee for resolution.
In the event of strikes, work stoppages, or other activities which are permitted in case of default or failure to comply with majority decisions under this Agreement, no decision and/or interpretation of this Agreement by any tribunal shall be binding upon the Union or affect the legality or lawfulness of the strikes unless the Union stipulates to be bound by such interpretation, it being the intention of the parties to resolve all grievances and/or questions of interpretation by mutual agreement.
In any Section of this Article where language refers to deadlocks, either party shall have the right to refer any unresolved case to arbitration, except as specified otherwise in Section 2 of this Article.
Section 6.
The arbitrator shall have the authority to apply the provisions of this Agreement and to render a decision on any grievance coming before him/her but shall not have the authority to amend or modify this Agreement or to establish new terms or conditions of employment.
Any grievance that does not raise an issue of interpretation of a Master Agreement Article or Section shall be resolved pursuant to the provisions relating to the local, state and area grievance procedures set forth in the applicable Supplements, Riders and Addenda. The no-strike, work stoppage, slowdowns, walkout and lockout provisions of the Supplemental Agreements, Riders and Addenda shall apply to such grievances. Prior to invoking the arbitration procedure the parties, by mutual agreement, may submit said case to the National Grievance Committee for resolution.
Section 7.
Deadlocked cases referred from the National Grievance Committee to binding arbitration pursuant to this Article, will be governed by the following procedures:
1. The arbitration process will be administered by the offices of the American Arbitration Association, whose offices located in the following cities will administer deadlocked cases arising from the following corresponding geographical Regions of the International Brotherhood of Teamsters:
New York City Eastern
Chicago Central
Los Angeles Western
Atlanta Southern
2. The parties will jointly designate twenty-four (24) arbitrators, who will each commit to hear one (1) case during each contract year of the Agreement.
3. The panels will consist of the following number of arbitrators who hear American Arbitration Association administered cases in each Region of the IBT:
Eastern 8
Central 7
Southern 4
Western 5
4. The parties shall attempt to agree on the four (4) panels within thirty (30) days of the conclusion of negotiations. Failing agreement within that time, the parties shall exchange lists of two (2) times the number of arbitrators to be assigned to each regional panel within fifteen (15) days thereafter and at the conclusion of an additional fifteen (15) days will alternatively strike from the lists until the correct number of arbitrators is left for each panel. Any arbitrator proposed by the Employer or Union must be a member of the National Academy of Arbitrators and reside within the geographical area covered by the panel. Within thirty (30) days of the panel's selection, the parties and arbitrators will agree upon arbitration hearing dates for the following contract year.
5. Each arbitrator will reserve two (2) consecutive hearing dates agreed to by the parties for each contract year.
6. Once a case is assigned to an arbitrator it will remain with that arbitrator until it is concluded.
7. Either the Company or Union may request by June 1 of each year of this Agreement that any panel be replaced. Any cases already assigned to an arbitrator will be concluded. A new panel will be selected in accordance with the selection procedures set forth in paragraph 4 above prior to the conclusion of the next National Grievance Committee meeting. If there is no request for a new arbitrator, the parties will conclude the scheduling for the following year by July 1. The parties may mutually agree in writing to remove any individual arbitrators from the panel.
8. Except in unusual circumstances, arbitrations will be scheduled for 10:00 a.m. until at least 5:00 p.m.
9. Deadlocked cases from each National Grievance Committee meeting will be assigned in the order of the dates of the respective underlying grievances to the arbitrators on the appropriate panel in the order of their scheduled dates. If there is more than one (1) deadlocked case on the same contractual issue, the date of the earliest dated grievance on the issue will determine the location of the hearing.
10. In the event that an arbitration will not be scheduled until more than six (6) months from the National Panel decision, the American Arbitration Association ad hoc selection procedure used by the parties as of July 31, 1997 will be used through the appropriate AAA office listed above to select an arbitrator and schedule the hearing.
11. There shall be no more than one (1) cancellation of arbitration dates by either party in the hearing of any single arbitration case, except as permitted by the arbitrator with good cause.
12. The American Arbitration Association and arbitrator's fees and expenses shall be shared equally by the parties.
13. The location of the arbitration will be determined by mutual agreement, taking into account the travel requirements of witnesses, counsel and the arbitrator. In the event that the parties are unable to agree on the location, the arbitrator will decide. All hearings will be held at the American Arbitration Association offices unless the parties mutually agree on an alternate site.
14. Any or all of the foregoing may be modified in writing by mutual agreement of the parties at any time.
ARTICLE 9. PROTECTION OF RIGHTS
Section 1. Picket Line
It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action (including but not limited to the temporary or permanent replacement of any employee) in the event an employee refuses to enter upon any property involved in a primary labor dispute, or refuses to go through or work behind any primary picket line, including the primary picket line of Unions party to this Agreement, and including primary picket lines at the Employer's place of business.
Section 2. Struck Goods
It shall not be a violation of this Agreement and it shall not be a cause for discharge or disciplinary action if any employee refuses to perform any service which his/her Employer undertakes to perform as an ally of an employer or person whose employees are on strike, and which service, but for such strikes, would be performed by the employees of the employer or person on strike.
Section 3.
Subject to the appropriate subcontracting provisions of this Agreement, the Employer agrees that it will not cease or refrain from handling, using, transporting, or otherwise dealing in any of the products of any other employer or cease doing business with any other person, or fail in any obligation imposed by the Motor Carrier's Act or other applicable law, as a result of individual employees exercising their rights under this Agreement or under law, but the Employer shall, notwithstanding any other provision in this Agreement, when necessary, continue doing such business by other employees.
Section 4.
The layover provisions of the applicable Supplemental Agreement, Rider or Addendum shall apply when the Employer knowingly dispatches a road driver to a terminal at which a primary picket line has been posted as a result of the exhaustion of the grievance procedure, or after proper notification of a picket line permitted by the collective bargaining agreement, or economic strikes occurring after the expiration of a collective bargaining agreement or to achieve a collective bargaining agreement.
Section 5. Grievances
Within five (5) working days of filing a grievance claiming violation of this Article, the grievance shall be submitted directly to the National Grievance Committee without taking any intermediate steps, any other provision of this Agreement to the contrary notwithstanding.
ARTICLE 10. LOSS OR DAMAGE
Section 1.
No employee shall make any reimbursement or have monies deducted from his/her pay for loss or damage to parcels except as provided in this Section.
No employee shall be disciplined or required to make reimbursement for lost or damaged parcels unless the Employer demonstrates that the employee, without justification or mitigation, violated pertinent established rules or policies, the observance of which would have prevented the loss or damage. In no event shall a driver be subject to reimbursement for loss or damage to a Driver Release parcel valued at one hundred dollars (.00) or less.
An employee who is charged for loss or damage by the Employer shall not be subject to both discipline and reimbursement. The Employer will clearly notify the employee and the Union of its intent to either discipline or seek reimbursement.
When an employee is subject to discipline, the employee shall not make any reimbursement for such loss or damage. When an employee is subject to reimbursement, the employee shall not be subject to discipline for such loss or damage.
Any employee who is found to be responsible for two (2) reimbursements in a twelve (12) month period may receive a warning letter in addition to being responsible for reimbursement should a third (3rd) loss occur in the same twelve (12) month period.
No action shall be taken by the Employer under this Section until the grievance procedure is invoked and concluded. In such grievance hearings the Employer shall present its case first.
If an employee is held liable for reimbursement for loss or damage under Article 10, Section 1 in regard to any package, he/she will be held liable for the value of the package, the amount paid by the Employer to the customer, or the insured value of the package, whichever is least.
Reimbursement schedules shall be reasonable and fair, based upon the circumstances of each case.
This Article is not to be construed as permitting charges for loss or damage to equipment or for any damage to merchandise as a result of a vehicular accident under any circumstances.
Section 2.
Employees handling money shall account for and remit the same to the Employer at the completion of each day's work. An employee's cash turn in may be verified or audited by the Employer. If the Employer fails to verify and deposit an employee's cash turn-in, when requested, no deduction or disciplinary action shall be taken. Upon request by the Local Union, the Employer and the Local Union shall meet to review the problem of cash C.O.D.s in high crime areas and the protection of the employees who work in these areas. The subjects for review and implementation if agreed upon shall include but not be limited to those listed below. The Employer shall not unreasonably withhold its agreement on the following issues:
1. Installation of safes in package cars;
2. C.O.D. curfews;
3. Review of special information about high crime areas with substitute drivers;
4. Cashiers checks rules; and
5. The transportation of cash via feeders.
The parties will discuss the use of improved technology, including but not limited to, credit or debit cards to reduce the use of cash C. O. D.s.
To ensure that the employee will not be held accountable when the Employer verifies and deposits or fails to verify and/or deposit the employee's cash turn-in, the employee and Employer will sign a document, to be maintained by the Employer, showing whether the employee requested verification and deposit and whether the employee's cash turn-in has either been verified and deposited or not verified and/or deposited.
In cases of proven bona fide error (in addition or subtraction) of the cash turn-in, the employee will be responsible for making proper restitution for such shortage.
In such cases of bona fide error, the Employer and an employee, with the participation of the Local Union and where permitted by applicable law, shall execute a written document providing for an agreed upon amount and schedule of reimbursement and/or deduction. A copy of any such agreement will be provided to the Local Union.
The Employer shall make a reasonable effort to collect for losses due to bad checks. The employee shall not be held liable for restitution if he/she accepts an irregular check if a reasonable person would have accepted the check.
The Employer will not post or make available for viewing in the work place any employee's social security number or home telephone number.
In areas where bidding systems require both a signature and a phone number, an employee will have the option of providing his/her phone number privately to the person controlling the bid.
Section 3.
The Employer shall reimburse employees for loss of personal money or personal property in a holdup while on duty, up to a maximum of two hundred dollars (.00) per employee, provided the employee promptly reports such holdup to the Employer and the police, and cooperates in the investigation of such holdup. Employees shall be paid for all time involved. However, reimbursement for cash loss shall be limited to one hundred dollars (.00).
ARTICLE 11. BONDS
Should the Employer require any employee to give bond, cash bond shall not be compulsory and any premium involved shall be paid by the Employer.
The primary obligation to procure the bond shall be on the Employer. If the Employer cannot arrange for a bond within ninety (90) days, it must so notify the employee in writing. Failure to do so shall relieve the employee of the bonding requirement. If proper notice is given, the employee shall be allowed thirty (30) days from the date of such notice to make his/her own bonding requirements. Standard premiums shall be that premium paid by the Employer for bond applicable to all other of its employees in similar classifications. Any excess premium is to be paid by the employee. Cancellation of a bond after once issued shall not be cause for discharge, unless the bond is canceled for cause which occurs during working hours, or due to the employee having given a fraudulent statement in obtaining said bond.
ARTICLE 12. POLYGRAPH
No applicant for employment and no employee will be required to take any form of a lie detector test as a condition of employment.
Upon request, an employee or the Union may inspect the record of an employee's time recorded on the DIAD or other device for previous days' work. An employee will be permitted to examine the operation record for the current pay period for the purpose of ascertaining his/her hours worked.
The Employer agrees to provide forms for the employee to record his/her starting and ending times.
When requested by the Union, time clocks will be left in place for employees to record their work hours for their own personal use.
ARTICLE 13. PASSENGERS
No driver shall allow anyone, other than employees of the Employer who are on duty, to ride on their truck except by written authorization of the Employer, except in cases of emergency arising out of disabled commercial equipment, accidents, or an Act of God, in accordance with Department of Transportation regulations.
ARTICLE 14. COMPENSATION CLAIMS
Section 1.
When an injury is reported the reference number will be given to the employee and when requested, a copy of the injury report will be furnished to the employee within two (2) working days of such request. A copy of the injury report will also be furnished to the Local Union if requested by a Local Union official.
The Employer agrees to cooperate toward the prompt disposition of employee on-the-job injury claims.
The Employer shall provide the Union Co-chair of the National Safety and Health Committee with current summaries of the essential functions of all positions covered by this Agreement.
The Employer shall provide Worker's Compensation protection for all employees even though not required by state law or the equivalent thereof if the injury arose out of or in the course of employment.
An employee who is injured on the job, and is sent home, or to a hospital, or who must obtain medical attention, shall receive pay at the applicable hourly rate for the balance of his/her regular shift on that day. Upon receiving an employee's timely report of injury, the Employer shall not pressure an employee to continue to work. When, because of such pressure, an employee spends time in a clinic after his or her normal finish time, the time spent shall be the subject of a pay claim through the grievance procedure.
An employee who has returned to regular duties after sustaining a compensable injury, and who is required by the Worker's Compensation doctor to receive additional medical treatment during the employee's regularly scheduled working hours, shall receive the employee's regular hourly rate of pay for such time.
The Employer agrees to provide any employee injured locally immediate transportation, at the time of injury, from the job to the nearest appropriate medical facility and return to the job, or to the employee's home, if required. In the event that any employee sustains an occupational illness or injury while on a run away from the home terminal, the Employer shall provide transportation by bus, train, plane or automobile to the employee's home terminal, if and when directed by a doctor.
In the event of a fatality, arising in the course of employment while away from the home terminal, the Employer shall return the deceased to the home of the deceased at the point of domicile.
Section 2. Temporary Alternate Work
The Company may continue a modified work program on a nondiscriminatory basis. This program is designed to provide temporary work opportunity to those employees who are unable to perform their normal work assignments due to an on-the-job injury. Employees shall be provided their guaranteed hours for the duration of TAW, provided the work is available. These guaranteed hours will be reduced as medical restrictions dictate.
In areas where the Company wants to further implement this procedure, the program will be reviewed with the Local Union for their approval. If either party wants to include non-work related injuries or illnesses under the TAW program the parties will meet and agree upon such amendment. Any unresolved issues will be referred to the National Safety and Health Grievance Committee for resolution.
The Employer will develop a list of possible TAW assignments by location. It is understood that this list may not be all-inclusive and management maintains the right to determine the availability and designation of all TAW assignments.
Any such program that has been, or is in effect, as of the effective date of this Agreement, shall be reviewed with the appropriate Local Union upon request. Any disagreement regarding such programs shall be subject to the applicable grievance procedure.
Section 3. Permanently Disabled Employees
The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee.
The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Safety and Health Grievance Committee.
Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws.
The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis.
ARTICLE 15. MILITARY CLAUSE
Employees in service in the uniformed services of the United States, as defined by the provisions of the Uniform Services Employment and Reemployment Rights Act (USERRA), Title 38, U.S. Code Chapter 43, shall be granted all rights and privileges provided by USERRA and/or other applicable state and federal laws. This shall include continuation of health coverage as provided by USERRA, and pension contributions for the employee's period of service, as provided by USERRA. Employees shall be subject to all obligations contained in USERRA which must be satisfied for the employees to be covered by the statute.
The Employer, in its discretion, may make additional payments or award additional benefits to employees on leave for service in the uniformed services in excess of the requirements outlined in the USERRA.
ARTICLE 16. LEAVE OF ABSENCE
Section 1.
The Employer agrees to grant the necessary time off, without discrimination or loss of seniority rights and without pay, to any employee designated by the Union to attend a labor convention or serve in any capacity on other official business, provided forty- eight (48) hours written notice is given to the Employer, by the Union, specifying length of time off. The Union agrees that, in making its request for time off for Union activities, due consideration shall be given to the number of employees affected in order that there shall be no disruption of the Employer's operations due to lack of available employees.
A Union member elected or appointed to serve as a Union official shall be granted a leave of absence during the period of such employment, without discrimination or loss of seniority rights, and without pay.
Section 2.
Any employee desiring leave of absence from employment shall secure written permission from both the Union and the Employer. The request for leave of absence shall be made in writing at least thirty (30) days before the day on which the leave is sought to commence. If the leave is not foreseeable, the employee shall submit the written request as soon as possible and shall include an explanation why the leave was not foreseeable. The Employer and Union shall respond to the request in writing within ten (10) days after receiving the request. The maximum leave of absence shall be for ninety (90) days and may be extended for like periods. Permission for same must be secured from both the Union and the Employer. During the period of absence, the employee shall not engage in gainful employment, except as provided in Section 3 below.
Failure to comply with this provision shall result in the complete loss of seniority rights for the employees involved. Inability to work because of proven sickness or injury shall not result in the loss of seniority rights. The employee may make suitable arrangements for the continuation of health and welfare and pension payments before the leave may be approved by either the Local Union or the Employer.
Section 3. Loss of License
Section 3.1 Leave of Absence
When an employee, in any job classification requiring driving, loses his or her operating privilege or license has been suspended or revoked for reasons other than those for which the employee can be discharged by the Employer, leave shall be granted for such time as the employee's operating privilege or license had been suspended or revoked but not for a period longer than one (1) year, provided the driver whose operating privilege or license has been suspended or revoked notifies the employee's immediate supervisor before the employee's next report to work of such suspension or revocation and further provided that such suspension or revocation was not the result of driving under the influence of narcotics until and unless the employee enters into and completes a drug rehabilitation program in accordance with Article 35, Sections 3.12 and 3.13. The above provision need apply only to the first (lst) suspension or revocation except for suspension of commercial drivers license (CDL) of one (1) year or less duration.
Section 3.2 Alternate Work
(Other than Alcohol/Controlled Substance)
When an employee, in any job classification requiring driving, has lost his/her license under this Article he/she shall be afforded the opportunity to displace junior, one (1) full-time or two (2) part-time, inside employees, until he/she can return to his/her driving job, not to exceed one (1) year, unless provided for otherwise in the Supplements, Riders or Addenda. The employee shall receive the appropriate rate of pay for the job performed based on his/her seniority. Coverage for benefits shall continue for the length of the leave of absence or for the job duration, up to one (1) year.
Section 3.3. Alternative Work
(Alcohol/Controlled Substance)
When an employee, in any job classification requiring driving, has lost his/her license for driving under the influence of alcohol or or a controlled substance, until and unless the employee has entered into and completed a drug rehabilitation program in accordance with Article 35, Section 3.12 and 3.13, will be offered available inside work, one (1) full-time or two (2) part-time openings, not to exceed one (1) year. The employee shall receive the appropriate rate of pay for the job performed based on his/her seniority. Coverage for benefits shall continue for the length of the leave of absence or for the job duration, up to one (1) year.
This Section does not apply to the employee that has lost his/her license for being disqualified for testing positive for controlled substances.
Section 3.4 CDL Qualification
This Article shall also apply in the event an employee is unable to successfully pass the DOT commercial drivers license (CDL) examination provided the employee makes a bona fide effort to pass the test each time the opportunity presents itself.
Section 4. Maternity and Paternity Leave
It is understood that maternity leave for female employees shall be granted with no loss of seniority for such period of time as her doctor shall determine that she is physically unable to return to her normal duties and maternity leave must comply with applicable state and federal laws.
A light duty request, certified in writing by a physician, shall be granted in compliance with state or federal laws, if applicable.
Paternity leave shall be granted in accordance with Section 6 of this Article with the exception of employees not able to meet the qualifications set out in Section 6, who shall be granted leave not to exceed one (1) week.
Section 5. Rehabilitation Program - Leave of Absence
An employee shall be permitted to take a leave of absence for the purpose of undergoing treatment in an approved program for alcoholism or substance abuse. Employees may use the United Parcel Service Employee Assistance Program (EAP), a Union sponsored rehabilitation program, as well as any other referral service in choosing an approved program for treatment.
The leave of absence must be requested prior to the commission of any act subject to disciplinary action except as provided in Article 35, Section 3 and Section 4. The leave of absence shall be for a maximum of ninety (90) days; additional time may be granted if it is mutually agreed between the Company and the Union, or requested by the treatment care professional, or the Medical Review Officer (MRO). While on such leave, the employee shall not receive any of the benefits provided by this Agreement, Supplements, Riders and/or Addenda, except the continued accrual of seniority.
If an employee voluntarily enters such a rehabilitation program, under the provisions of the Article, the following shall apply:
1. Before returning to work, the MRO shall ensure that the employee is "alcohol/drug free," based on an alcohol/drug test that shows no positive evidence of the presence of alcohol, a drug or drug metabolite in a person's system.
2. Within one (1) year of the date on which an employee returns to work, the employee may be subject to unannounced alcohol/drug testing, as specified in the return to work agreement. The one (1) year period may be extended only by the aftercare treatment professional, in consultation with the MRO, as necessary, and must be substantiated by written verification of the MRO and aftercare treatment professional.
3. Unannounced alcohol/drug testing for the above-mentioned employee, if required shall be determined by the after-care treatment professional, in consultation with the MRO, as provided in this Article. The date, time and place of collection for alcohol/drug testing, if required, shall be determined by the after-care treatment professional, in consultation with the MRO and administered through the MRO.
4. Failure to comply with the after-care treatment plan or a positive specimen as part of the after-care treatment plan will result in discipline pursuant to Article 35, Sections 3.13 and 4.12.
All alcohol/drug treatment agreements including pre-care, after- care and return to work agreements entered into shall be confidential and signed by the employee and the treatment care professional/MRO overseeing the treatment program and must have been approved by the Local Union business agent prior to the employee's signature. The post-care agreement shall comply with all provisions of this Article.
The Employer agrees to recognize the employee's rights to privacy and confidentiality while being party to such an agreement. The Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps taken to insure that the entire process does nothing to demean, embarrass or offend the employee unnecessarily.
Section 6. Family and Medical Leave Act (FMLA)
All employees who have worked for the Company for a minimum of twelve (12) months and worked at least 1250 hours during the past twelve (12) months are eligible for unpaid leave as set forth in the Family and Medical Leave Act of 1993.
Additionally, any employee not covered above, that has worked for the Company for a minimum of thirty-six (36) months and accrued at least 750 paid hours during the past twelve (12) months is eligible for unpaid leave as set forth below, except that the amount of leave allowed will be computed at one half (1/2) of the time provided by the FMLA.
Eligible employees are entitled up to a total of 12/6 weeks of unpaid leave during any twelve (12) month period for the following reasons:
1. Birth of a child;
2. Adoption, or placement for foster care;
3. To care for a spouse, child, or parent of the employee due to a serious health condition;
4. A serious health condition of the employee.
The employee's seniority rights shall continue as if the employee had not taken leave under this section, and the Employer will maintain health insurance coverage during the period of the leave.
The Employer may require the employee to substitute accrued paid vacation or other paid for leave for part of the 12/6 week leave period.
The employee is required to provide the Employer with at least thirty (30) days advance notice before FMLA leave begins if the need for leave is foreseeable. If the leave is not foreseeable, the employee is required to give notice as soon as practicable. The Employer has the right to require medical certification of a need for leave under this Act. In addition, the Employer has the right to require a second (2nd) opinion at the Employer's expense.
The provisions of this section are in response to the Federal Act and shall not supersede any state or local law which provides for greater employee rights.
ARTICLE 17. PAID-FOR TIME
All employees covered by this Agreement shall be paid for all time spent in service of the Employer. Rates of pay provided for by this Agreement shall be minimums. Time shall be computed from the time that the employee is ordered to report for work and registers in and until the employee is effectively released from duty. All time lost due to delays as a result of overloads or certificate violations involving federal, state or city regulations, which occur through no fault of the driver, shall be paid for by the Employer.
The Employer will not allow employees to work prior to their start time without appropriate compensation.
Wages for properly selected vacations, in all instances, will be paid to the employees no later than the workday prior to their vacation. If the employee does not receive his/her vacation check, the Employer will make all reasonable efforts to provide the check the following day including delivery by Saturday or Next Day Air. Other shortages involving more than thirty dollars (.00) for full-time employees, and fifteen dollars (.00) for part-time employees, will be corrected and the payment will be made available to the employee at his/her reporting location on his/her second scheduled workday after reporting the shortage. If the Employer fails to make the payment available on the employee's second scheduled workday and the shortage was the result of the Employer's error, the employee will be paid an additional amount equal to one- half (1/2) of his/her daily guarantee at his/her regular hourly rate.
Errors of less than thirty dollars (.00) for full-time employees or fifteen dollars (.00) for part-time employees and overages will be corrected in the following weekly paycheck.
All green checks will be taxed at the employee's regular withholding tax rate.
ARTICLE 18. SAFETY AND HEALTH EQUIPMENT, ACCIDENTS AND REPORTS
Preamble
The Employer and the Union agree that the safety of the employees and the general public is of utmost importance.
The Employer and the Union have developed the following Sections and Subsections of this Agreement to respond to that mutual concern for safety. The contract language responds to a variety of areas related to safety, health, ergonomics, climatic conditions as well as federal, state and local laws dedicated to providing a safe and healthy workplace.
To address safety and health issues, the Employer and the Union have developed the following:
A. A National UPS/IBT Safety and Health Committee;
B. A National UPS/IBT Safety and Health Grievance Committee to respond to safety, health, ergonomic and climatic issues and concerns; and
C. A Safety and Health Committee, chaired by the UPS Director of Health and Safety and the IBT Director of Safety and Health, will be formed to address present and future safety and health solutions.
Notwithstanding the employee's right to contact federal, state or local agencies, it is the recommendation of the committee that issues and concerns, regarding this Agreement, should first be brought before the National Safety and Health Committee.
Section 1 - Employees' Rights - Equipment, Vehicles and Conditions
The Employer shall not require employees to take out on the streets or highways any vehicle, or use any type of equipment, that is not in a safe operating condition or equipped with the safety appliances prescribed by law. First line trailers will be swept on a daily basis. All package cars and tractors will be maintained in a clean and sanitary condition.
Under no circumstances will an employee be required or assigned to engage in any activity involving dangerous conditions of work or danger to a person or property or in violation of a government regulation relating to safety of person or equipment. The term "dangerous conditions of work" does not relate to the type of cargo which is to be hauled or handled.
It shall not be a violation of this Agreement, or cause for disciplinary action, where employees refuse to operate equipment or a vehicle when such operation constitutes a violation of any state or federal rules, regulations, standards or orders applicable to commercial motor vehicle safety or health, or because of the employee's reasonable apprehension of serious injury to himself/herself or the public due to the unsafe conditions as set out in any state or federal rules, regulations, standards or orders applicable to commercial motor vehicle safety or health to include Part 392.14 of the Federal Motor Carrier Regulations.
Section 2. Out of Service Equipment and Vehicle Reports
All equipment which is refused, or has been written up for repair, because not mechanically sound or properly equipped, shall be appropriately tagged, and placed out of service, so that it cannot be used by other drivers, or employees until the Automotive/Maintenance Department has adjusted the complaint.
Employees shall immediately, or at the end of their shifts, report all known defects of equipment on a suitable form furnished by the Employer. The Employer shall not ask or require any employee to utilize equipment that has been reported by any other employee as being in an unsafe condition. Such equipment will be red tagged, as necessary, by automotive/maintenance personnel. The tag must not be removed until the Automotive/Maintenance Department has determined that the vehicle/equipment is in a safe operating condition or, where no Automotive/Maintenance Department exists, qualified management will make the deciding determination. Management not qualified to make such a determination, will consult with qualified automotive/maintenance personnel before removing a red tag. The person making the decision will sign off the car condition report or other form required by law. Any automotive/maintenance person consulted will be noted on this report.
When the occasion arises where an employee gives a written report on forms in use by the Employer of a vehicle/equipment being in unsafe working or operating condition and receives no consideration from the Employer, the employee shall take the matter up with an officer of the Union, who will take the matter up with the Employer. But in no event shall an employee be required to operate a vehicle/equipment that is unsafe or in violation of any federal, state or local, rules, regulations, standards or orders applicable to equipment or commercial motor vehicles.
Copies of the car-condition reports or Driver Vehicle Inspection Reports (DVIR) will be available in centers for review by drivers. Upon notification, drivers may make copies of said reports in facilities that have copy equipment. In facilities with no copy equipment, the employee will be provided a copy as soon as practical, when requested. In no case will the copy of the DVIR remain valid after the DOT retention requirement (ninety (90) days) or the original DVIR expires. The current DVIR will be maintained in each vehicle between completion of Preventative Maintenance Inspections (PMI). Other copies will be made available for review by drivers as required by the Federal Motor Carrier Safety Act (FMCS), 49 CFR 396, as applicable to the Employer.
Section 3. Accidents and Reports
Any employee involved in any accident shall immediately notify the Employer.
When required by the Employer, the employee, before the end of the employee's shift, shall complete a report of the accident including all available names and addresses of witnesses to the accident. The reference number will be given to the employee, and when requested, a copy of the accident report will be furnished to the employee within two (2) working days of such request. A copy of the accident report will also be furnished to the Local Union if requested by a Local Union official. In cases of equipment accidents where a Driver's Report of Accident form is completed, the employee will be given a copy of the form the same day, when requested. In facilities with no copy equipment the employee will be provided a copy as soon as practicable.
In the event of a vehicle accident, the Employer shall have twenty (20) days to complete its investigation, if warranted, and ten (10) days to take disciplinary action, if any, unless otherwise mutually agreed. Except for serious accidents, where the driver may be presumed to be at fault, a driver will not be removed from the payroll during an investigation of the accident.
A serious accident is defined as one in which:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;
3. A citation is issued and one or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.
The driver will be entitled to non-driving work during this period at his/her normal rate of pay.
The Employer and the Union mutually agree that the employee's rights to Union representation will be protected pursuant to Article 4 of the National Master UPS Agreement.
Section 4. Seats
The Employer will provide air-ride seats in all new tractors and when replacing the driver seat in present tractor equipment. Such seats shall be maintained in a proper and reasonable condition.
When replacing the seat cushion in package cars where the seat is attached to a post, the Employer will use the new soft ride cushion agreed to. When replacing the seat back, the Employer agrees to provide the new seat back with the adjustable lumbar support feature. Seat backs will be replaced as needed subject to availability from the manufacturer. In all new P-32 through P-120 vehicles, the Employer agrees to provide multi-adjust seats. Upon ratification of the contract the Employer agrees to initiate a new research and development study for the purpose of identifying a multi-adjustable seat with a three-point seat belt for existing package cars. The Employer agrees to notify the Chairs of the National Safety and Health Committee of the number and locations of testing sites and to submit the test results to the Chairs.
Section 5. Sun Visors
Employer approved replacement sun visors will be provided upon request on all equipment.
Section 6. Building Heat
Centers will be heated, where practical.
On a facility-by-facility basis, the Employer will evaluate whether additional ventilation or heat is needed for purposes of safety and health.
Section 6.1 - Indoor Air Pollution
1. Motor vehicles shall be physically connected to a local exhaust ventilation system when the operations in the shop require that the vehicle engine be idled or otherwise operated. Shop areas shall be designated as separate walled-in areas.
2. The Employer will instruct drivers of motor vehicles not to allow vehicles to unreasonably idle while indoors.
Section 7. Trailer Configuration
The Employer will make every effort to have the heaviest loaded trailer as the lead trailer. If the percent of load in one (1) trailer exceeds the other by twenty-five percent (25%) or more, such trailer shall be the lead trailer, except when state or federal regulations require otherwise. However, if the driver feels the percentage exceeds twenty-five percent (25%) in the rear trailer or the unit does not handle properly, he/she may contact management and will be authorized to switch the unit and be paid for such time.
Section 8. Radios
Transistor radios will be allowed in package cars.
The use of Citizen Band (C.B.) Radios, not to exceed five (5) watts, shall be permitted in all feeder road equipment as follows:
a. Operators of C.B. Radios must conform to FCC rules and regulations and be properly licensed and license be on record with the Employer.
b. Head sets and earphones shall not be allowed.
c. The Employer will not be responsible in any way for any damage or loss of C.B. Radio equipment.
d. All power hookups and antenna brackets shall be provided and installed by the Employer.
e. Antennas shall be so installed that they do not interfere with the operation of the wash rack or restrict the vision of the driver.
Section 9. Tires
Only first-line tires will be used on the steering axle of feeder road equipment, including P80's used as feeders. In case of breakdown a temporary replacement other than a first-line tire may be used to return to the home terminal. The Company agrees to not mix radials and bias ply tires on the same unit.
Section 10. Shocks
Where the manufacturer recommends and provides shock absorbers as standard equipment, properly maintained shocks on such equipment shall be considered as a necessary and integral part of that assembly.
Section 11. Mirrors
All vehicles shall be equipped with regular mirrors and a convex mirror.
New feeder road equipment shall be equipped with heated mirrors. Any feeder road equipment not presently equipped shall be equipped with heated mirrors when the mirrors require replacement.
As soon as practicable, but no later than thirty (30) months after the ratification of this Agreement, the Employer will equip package cars with rear cross-over mirrors or other devices, to further enhance safety during backing.
Upon request, cab-over tractors with a lower window on the right side door will be equipped with a convex mirror on the door.
Section 12. Dollies
All new dollies placed into service shall be counter balanced (max 70 lb. lift weight) with handles on the tongue. All dollies in the system will be counter balanced for 70 lb. lift weight and have handles on the tongue.
Section 13. Exhaust Systems
All new diesel tractors added to the fleet after January 1, 1994, shall be equipped with a vertical exhaust stack. Package car exhaust systems, when replaced, shall exit to the side of the vehicle.
Section 14. Package Cars
All new package cars, P-32 and larger, added to the fleet after January 1, 1994, shall be equipped with package compartment venting. The method of venting will be dictated by technology and will vary according to climatic conditions. The installation of cab compartment fans will be determined by individual districts.
All requests for door handle shields coverings will be complied with in a timely manner.
When requested, package cars larger than a P-32 will have grab handles located on the curb side of the package car and mounted on the inside, and will be equipped with mounting brackets to secure hand carts.
Gear shift extensions shall be addressed on a case-by-case basis.
All new package cars placed into service after August 1, 1997, shall be equipped with power steering.
Section 14.1 Driver Safety and Security
The bulk head door release in package cars must be accessible from the inside as well as the outside in order to enable exit from the package compartment.
Section 15. Heaters and Defrosters The Employer shall install and maintain heaters and defrosters on all trucks and all safety equipment required by law. Complaints regarding heaters or defrosters not being in proper working order shall be addressed pursuant to the red-tagging procedures under Article 18, Section 2.
Section 16. Noise Abatement
All new package cars and feeders, will be ordered to comply with Federal Motor Carrier Safety Regulations (FMCSR), regarding in cab noise levels.
Section 17. Vehicle Integrity
The Employer agrees to maintain all door and engine compartment seals in order to eliminate, as much as possible, fumes, dust and moisture in the package car.
Section 18. Vehicle and Personal Safety Equipment
All automotive vehicles shall be equipped with a manufacturer certified seat belt restraint system. Jump seats shall be equipped with a safety belt. Three-point shoulder harness safety belts shall be provided on the driver's side of all new vehicles, and on the jump seat for all new P-32 through P-120 vehicles and all new 24- foot vans. It shall be required that the driver's seat belt and the jump seat safety belt be worn at all times when the vehicle is moving.
Feeder tractor door locks, where provided as original equipment, shall be maintained in working order.
Section 19. Qualification on Equipment
If the Employer or a government agency requests a regular employee to qualify on equipment requiring a classified or special license, or in the event an employee is required to qualify (recognizing seniority) on such equipment in order to obtain a better job opportunity with his/her Employer, the Employer shall allow such regular employee the use of the equipment so required in order to take the examination.
Section 20. National UPS/IBT Safety and Health Committee
Section 20.1 - National UPS/IBT Safety and Health Committee - Safety, Health and Equipment Issues
The Employer and the Union shall maintain a National UPS/IBT Safety and Health Committee. The Committee shall be governed by the terms of this Agreement and by an agreed to set of rules of procedure.
It is the responsibility of the Committee to provide guidance and recommendations on all factual issues, involving safety and health (including ergonomic issues) and equipment, affecting employees covered by the National Master United Parcel Service Agreement. At the discretion of the chairmen, it may also consider any subject pertaining to the safety and health of the employees covered by this Agreement which it deems significant. Such Committee shall convene on a regular basis, with an agenda to be agreed to by the respective chairmen.
As agreed by the chairmen, the Committee may establish such subcommittees as it deems necessary to address matters affecting safety and health.
Section 20.2 - National UPS/IBT Safety and Health Grievance Committee
The Committee shall also serve as the National UPS/IBT Safety and Health Grievance Committee. All interpretations and grievances, of a factual nature, arising under but not limited to Articles 18 and 35 of the National Master UPS Agreement shall be heard by the Committee, pursuant to Article 8, of the National Master UPS Agreement, and the rules of the National Grievance Committee.
Decisions of this Committee shall be final and binding on all parties. Cases that are deadlocked by the Committee, unless called to the National Grievance Committee by mutual agreement of the National Chairpersons, may proceed to arbitration.
The Committee shall meet in conjunction with the National Grievance Panel to resolve all cases on its agenda.
Section 20.3 Climatic Conditions Committee
The National UPS/IBT Safety and Health Committee is also responsible for the Climatic Conditions Committee, formulated to review severe climatic conditions that may seriously affect employees in different geographic areas.
The Committee shall have the authority to resolve factual issues before it and its decision will be final and binding. Cases that are deadlocked by the committee shall be referred to the National Grievance Committee.
Section 21 - Hazardous Materials Handling Program
The Employer and the Union in compliance with the Occupational Safety and Health Administration (OSHA) have developed a comprehensive program to deal with hazardous material spills, the UPS Damaged Package Response procedure. As a result of the Agreement, the Employer developed a training program for individuals who are responsible for responding to spills of hazardous materials.
The Employer agrees to:
1. Provide twelve (12) hours of training, and the proper equipment, to those employees involved in the clean-up of hazardous material spills. All designated responders, when positions become open, will be selected in seniority order. The Employer will allow first responders to resign their position with written notice given at least sixty (60) days prior to their annual certification. The resignation will become effective upon completion of training of a replacement. The Employer may disqualify such employees from holding the position of designated responder for a period of one (1) year.
2. Provide one (1) hour of awareness training to every employee who handles packages potentially containing hazardous materials.
3. Conduct training for new employees during orientations and for current employees during normal working hours, with all employees compensated at the appropriate rate of pay.
4. Provide the necessary medical examination for designated first responders at no cost to the employee.
5. Provide annual refresher training to all employees.
6. Comply with all applicable state and federal OSHA regulations regarding hazardous materials.
7. Identify, process and store all hazardous type waste, resulting from spilled or leaking packages, in accordance with all applicable federal, state and local laws. Processing of hazardous material spills will be initiated and completed as soon as practicable, but in all events prior to the hazmat responder being assigned to other non-hazmat duties or completing his/her shift. The Employer designated processing area will be properly ventilated.
8. Conduct emergency evacuation drills on an annual basis.
9. The Employer will hold meetings, with the designated responders, on a scheduled basis, and when necessary will hold special meetings, to discuss and resolve problems or concerns related to hazardous material handling, clean-up and storage of hazardous materials. The Employer agrees to resolve any problems or concerns as expeditiously as possible.
The National UPS/IBT Safety and Health Committee is also responsible for an Occupational Safety and Health Subcommittee to provide training recommendations for handling hazardous materials, toxic and other harmful substances for appropriate bargaining unit employees.
This Committee shall function as part of the National UPS/IBT Safety and Health Committee and shall review UPS hazardous materials training programs and make recommendations for improvements in:
1. Training course content, material and frequency.
2. Equipment needed.
3. Other related issues deemed appropriate by the Committee.
Failure of the subcommittee or the National UPS/IBT Safety and Health Committee to reach an agreement will result in the unresolved issue being processed under the National Grievance procedure rules.
Section 22. Incompatible Package Handling
The Employer agrees that all irregular or incompatible packages such as bars, buckets, exposed metal parts, tire rims, etc., shall be given special handling in accordance with UPS handling methods and local conditions.
Section 23. Union Liability
Nothing in the Agreement or its Supplements relating to health, safety or training rules or regulations shall create or be construed to create any liability or responsibility on behalf of the Union for any injury or accident to any employee or any person or does the Union assume any such liability or responsibility.
The Employer will not commence legal action against the Union, on a subrogation theory, contribution theory, or otherwise, as a result of the Union's negotiation of safety standards contained in this Agreement or failure to properly investigate or follow-up Employer compliance with those safety standards.
ARTICLE 19. POSTING
The Employer agrees to supply and provide suitable space for the Union bulletin board in each center, hub, or place of work. Postings by the Union on such board are to be confined to official business of the Union and on the Union's official letterhead or TITANS. In each package center there shall be a covered bulletin board. Union Stewards shall have a key for the Union bulletin boards. The Employer shall not remove, tamper with or alter any notice posted by the Union unless such notice is harmful to the Employer. Any such notice removed by the Employer shall be re- posted if the Union's position is sustained through the grievance procedure.
ARTICLE 20. EXAMINATION AND IDENTIFICATION FEES
Section 1. Required Examination
Physical, mental or other examinations required by a government body or the Employer shall be promptly complied with by all employees; provided, however, the Employer shall not pay for any time spent in the case of applicants for jobs, but shall be responsible to other employees only for time spent at the place of the examination or examinations where the time spent by the employee exceeds two (2) hours, and in that case only for those hours in excess of said two (2). Examinations are to be taken at the employee's home area and are not to exceed one (1) in any one (1) year, unless the employee has suffered serious injury or illness within the year. Employees will not be required to take examinations during their working hours unless paid by the Employer for all time spent. Employees shall be given reasonable notice of dates of examinations.
Section 2. Return to Work Examination
It is understood by the Employer and the Union that once an employee notifies the Employer that he/she has been released to return to work by the employee's doctor, the Company doctor must examine the employee within three (3) working days from the time the employee brings the return-to-work slip to the Employer.
Section 3. Third Doctor Procedure
The Employer reserves the right to select its own medical examiner or doctor and the Union may, if it believes an injustice has been done an employee, have said employee re-examined at the employee's expense. If the two (2) doctors disagree, the Employer and the Union shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision shall be final and binding on the Employer, the Union and the employee. Neither the Employer nor the Union will attempt to circumvent the decision of the third (3rd) doctor and the expense of the third (3rd) doctor shall be equally divided between the Employer and the Union.
If the third (3rd) doctor agrees that the employee should be returned to work, the employee shall be reimbursed at his/her daily guarantee, less any other monies received back to the date of the examination by the Company doctor. It shall exclude any time the employee was not available for examination or work.
Section 4 - Disqualified Driver - Alternative Work
Except as provided for in Article 16, a driver who is judged medically unqualified to drive, but is considered physically fit and qualified to perform other inside jobs, will be afforded the opportunity to displace the least senior full-time or part-time inside employee at such work until he/she can return to his/her driving job unless otherwise provided for in the Supplements, Riders or Addenda. While performing the inside work, the driver will be paid the highest part-time rate as an employee with equivalent seniority or current area practice. If no full-time inside position is available, the Employer will meet with the Local Union to develop a full-time position, if possible out of available work.
Section 5. Identification
Should the Employer find it necessary to require employees to carry or record full personal identification, such requirements shall be complied with by the employees. The cost of such personal identification shall be borne by the Employer.
All management personnel shall wear a name tag identifying them as supervision while on duty.
ARTICLE 21. UNION ACTIVITY
Any employee member of the Union acting in any official capacity whatsoever shall not be discriminated against for acts as such officer of the Union so long as such acts do not interfere with the conduct of the Employer's business, nor shall there be any discrimination against any employee because of union membership or activities. Any employee shall have the right to wear a Union pin where there is a practice affording such a right.
ARTICLE 22. PART-TIME EMPLOYEES
Section 1.
No part-time employee shall drive except:
(a) when no full-time employee or combination full-time employee is on the premises;
(b) to avoid delay in the work; or,
(c) as provided for in Article 40 Air Operation.
Section 2.
The number of permanent full-time inside jobs in each Local Union area as of April 30, 1979, shall be guaranteed from replacement by part-time employees. In addition, the number of permanent full-time inside jobs created after April 30, 1979, under the provisions of Section 3 will also be guaranteed from replacement by part-time employees. The exception to the above will be in cases of bona fide agreements prior to the ratification of this Agreement.
Section 3.
The parties agree that providing part-time employees the opportunity to become full-time employees is a priority of this Agreement. Accordingly, the Employer commits that during the life of this Agreement, it will offer part-time employees the opportunity to fill at least twenty thousand (20,000) permanent full-time job openings throughout its operations covered by this Agreement.
This commitment shall include the obligation to create at least ten thousand (10,000) new full-time jobs from existing part-time jobs during the life of this Agreement throughout its operations covered by this Agreement; two thousand (2,000) during each year. The Employer shall, wherever possible, reschedule part-time employees to make additional full-time jobs or combination full-time jobs. No part-time employee shall be laid off or suffer a loss of a job as a result of creating a full-time job under this Article or Article 40.
The Employer's obligation under this Article and Article 40 of this Agreement to create full-time jobs from part-time jobs shall be satisfied by the creation of ten thousand (10,000) full-time jobs during the life of this Agreement notwithstanding any other provisions in this Agreement, any Supplement, Rider or Addendum.
In order to enable the Union to enforce and monitor this provision, the Employer shall provide a quarterly report to the Parcel and Small Package Trade Division Director containing the location of each job created under this Section during the previous quarter and the identity of the jobs combined to create the positions.
Part-time employees shall be selected for full-time openings in accordance with the procedures contained in the applicable Supplement, Rider or Addendum.
If there is a reduction in volume causing layoffs, the Employer's obligations under this section shall be null and void.
Section 4.
Part-time employees shall be given the opportunity to fill full- time jobs before hiring from the outside on a five-for-one basis (five (5) part-time to every one (1) outside hire).
The following will be incorporated into the job selection procedures in the applicable Supplement, Rider or Addendum:
The Employer will fill all vacancies and permanent new jobs for part-time employees from the part-time selection list in all months except November and December.
Part-time employees with six (6) months or more seniority shall have the right to place their name on the list of employees waiting to be moved to a preferred job within their building. Such preferred jobs shall include, but not be limited to: Preload, Sorter, Clerical, Irregular Train, Designated Responder, Carwasher, Loader and Unloader. Employees do not have the right to select any specific unit, load or workstation unless a prior past practice has been established.
A maximum of twenty-five percent (25%) of the employees on a shift shall be allowed to change shifts in any one (1) calendar year. The employee obtaining the new position shall remain on that shift for at least six (6) months.
Section 5. Wages
(a) Part-Time Employees
All part-time employees who have attained seniority as of August 1, 1997 will receive the following general wage increases:
August 1, 1997 sixty cents per hour ($.60)
August 1, 1998 sixty cents per hour ($.60)
August 1, 1999 sixty cents per hour ($.60)
August 1, 2000 sixty cents per hour ($.60)
August 1, 2001 seventy cents per hour ($.70)
In addition to the general wage increases above, part-time employees who have attained seniority as of August 1, 1997 and were not red-circled in or before 1982 shall receive the following increases:
August 1, 1997 fifteen cents per hour (/home/free/cgi-bin/util/sitebuilder.15)
August 1, 1998 fifteen cents per hour (/home/free/cgi-bin/util/sitebuilder.15)
August 1, 1999 twenty cents per hour (/home/free/cgi-bin/util/sitebuilder.20)
August 1, 2000 twenty-five cents per hour (/home/free/cgi-bin/util/sitebuilder.25)
August 1, 2001 twenty-five cents per hour (/home/free/cgi-bin/util/sitebuilder.25)
Part-time employees still in progression on the effective date of this Master Agreement shall receive the above contractual increases and, will be paid no less than what they are entitled to in accordance with the wage schedules in Article 22, Section 5 (b) below.
(b) Newly Hired Part-Time Employees
All part-time employees who are hired or reach seniority after August 1, 1997, will be paid according to the following wage schedules:
Hourly Rate
Preloader All
Sorter Others
Start $ 9.50 $ 8.50
Seniority plus one (1) year .00 $ 9.00
Seniority plus two (2) years .50 $ 9.50
Seniority plus three (3) years .00 .00
Seniority plus four (4) years .75 .75
Employees working high volume direct or low volume direct shall receive the preloader/sorter rates.
(c) The wage rates and increases provided in (a) and (b) shall be a minimum.
(d) All part-time employees governed by this Article shall be provided a minimum daily three and one-half (3-1/2) hour guarantee.
Section 6 - Part-time Employee Transfer
Part-time employees who wish to transfer to another location for educational purposes may submit a written request to the Employer. If approved, the transfer shall be allowed subject to the following conditions:
A. A part-time opening exists at the desired location.
B. Employees must have attained seniority and been employed by the Employer for at least one (1) year.
C. Job Classification Seniority shall be end-tailed.
D. Company seniority shall be retained for the purpose of number of weeks of vacation, and number of holidays in accordance with the applicable Supplement at the new location.
E. Any expenses, including moving expenses associated with an approved transfer, shall be the responsibility of the employee.
ARTICLE 23. SEPARATION OF EMPLOYMENT
Upon discharge, the Employer shall pay all money due to the employee during the first (1st) payroll department working day. Upon quitting, the Employer shall pay all money due to the employee on the payday in the week following such quitting.
ARTICLE 24. INSPECTION PRIVILEGES
Authorized agents of the Union shall have access to the Employer's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that this Agreement is being adhered to, provided, however, that there is no interruption of the Employer's working schedule.
ARTICLE 25. SEPARABILITY AND SAVINGS
If any article or section of this Agreement or Supplements, Riders or Addenda, hereto, be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and Supplements, Riders or Addenda, hereto, or the application of such article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.
In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either the Employer or the Union for the purpose of arriving at a mutually satisfactory replacement of such article or section during the period of invalidity or restraint. There shall be no limitations of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal and economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.
ARTICLE 26. COMPETITION
The Union recognizes that the Employer is in direct competition with the United States Postal Service and other firms engaging in the distribution of express letter, parcel express, parcel delivery, and freight, both air and surface. In order to meet that competition and thereby protect and, if possible, increase the number of bargaining unit jobs, it is agreed that any provisions in this Agreement to the contrary notwithstanding, the Employer:
(a) may use substitute means of transportation (such as airplane, helicopter, ship or T.O.F.C.) in its operations; provided, however, that no feeder driver in the employ of the Employer, as of August 1, 1997, will be laid off or displaced from a feeder classification as a result of a run being placed on the rail. However, the Employer shall not be required to remove loads from the rail to provide work for employees whose ground loads were eliminated or temporarily discontinued. Any claimed abuse of this Section by any of the Local Unions shall be subject to immediate review by the National Grievance Committee.
Merchandise that has been tendered by United Parcel Service to the railroad and moved by T.O.F.C. will not subsequently be moved by the railroad, on the ground, to its final destination. Any exception to the above language will be in cases of an emergency or cases where the railroad must ground the merchandise early to meet the company's service commitment. In these cases, every effort will be made to use UPS employees.
Bargaining unit employees will move scheduled T.O.F.C. loads from the railyards to UPS locations except during peak season.
During peak season, the Employer will make every reasonable effort to use current UPS employees and hire a sufficient number of employees to handle peak volume. After doing so, the Employer may use alternate means of transporting packages during peak season and will utilize union carriers whenever possible. Plans to utilize outside carriers will be reviewed and agreed with the Local Union. Such agreement will not be unreasonably withheld.
(b) may drop loaded or empty trailers at locations designated by it, its customers or consignees for customer or consignee loading or unloading. It is understood that customers and consignees will not move trailers for loading and/or unloading other than on their premises. It is further understood that dropping and picking up these trailers shall be done by members of the bargaining unit.
(c) All loading and unloading of dropped shipments at UPS locations will be done by UPS employees.
ARTICLE 27. EMERGENCY REOPENING
In the event of war, declaration of emergency, imposition of mandatory economic controls, the adoption of a National Health Program or any Congressional or Federal Agency action which has a significantly adverse effect on the financial structure of the Employer, during the life of this Agreement, either party may reopen the same upon sixty (60) days' written notice and request renegotiation of the provisions of this Agreement directly affected by such action. There shall be no limitation of time for such written notice. Upon the failure of the parties to agree in such negotiations, within sixty (60) days thereafter, either party shall be permitted all lawful economic recourse to support its request for revisions. If governmental approval of revisions should become necessary, all parties will cooperate to the utmost to attain such approval. The parties agree that the notice provided herein shall be accepted by all parties as compliance with the notice requirements of applicable law, so as to permit economic action at the expiration thereof.
ARTICLE 28. SYMPATHETIC ACTION
In the event of a labor dispute between the Employer, party to this Agreement, and any International Brotherhood of Teamsters' Union, parties to this or any other International Brotherhood of Teamsters' Agreement, during the course of which dispute such Union engages in lawful economic activities which are not in violation of this or such other agreement, then any other affiliate of the International Brotherhood of Teamsters, having an agreement with such Employer, shall have the right only if sanctioned pursuant to the procedures of the International Constitution, and only after receiving such sanctions, to engage in lawful economic activity against such Employer in support of the above first mentioned Union notwithstanding anything to the contrary in this Agreement or the International Brotherhood of Teamsters' Agreement between such Employer and such other affiliate.
ARTICLE 29.
Section 1. Jury Duty
When a seniority employee is called for jury duty service, he/she shall be excused from his/her regular duties on the days he/she is required to appear in court or comply with jury rules that prevent him/her from reporting for work. For any regularly scheduled workday in which time off for such jury service is granted, the full-time employee shall be paid his/her guarantee and part-time employee shall receive four (4) hours' pay at his/her straight-time hourly rate, less any amount received as a jury duty fee if such fees are defined as wages under applicable laws. The employee shall be required, however, to turn over to the Employer adequate proof of his/her jury duty service and compensation, if any, in order to receive the compensation above provided.
Employees who are scheduled to work a day shift shall not be required to report for work on any day he/she is required to report for jury duty unless released from jury duty not less than six (6) hours prior to the end of his/her regularly scheduled shift, in which event he/she will be allowed two (2) hours from the time he/she is released from jury duty to report and work the remainder of his/her regularly scheduled shift.
Employees scheduled to work any shift other than the day shift shall not be required to report to work on any day he/she is required to report for jury duty unless he/she has been released from jury duty not less than four (4) hours prior to the start time of his/her regular shift and provided further he/she would complete such shift not less than ten (10) hours prior to the time he/she is required to report for jury duty the next following day. Notwithstanding the above, no employee, working other than a day shift, will be required to report to work on a night if he or she has served jury duty that day and that service prevents him or her from reporting for work.
In the event an employee returns to work after being released from jury duty and works beyond his/her regularly scheduled work day such hours worked shall be compensated for at the applicable overtime rate of pay.
An employee who is required to report for jury duty during a week of previously scheduled vacation may select another available week of vacation.
Time spent on jury duty service will be considered time worked for purposes of Employer contributions to health & welfare and pension plans, vacation eligibility and payment, holidays and seniority, in accordance with the applicable provisions of the Supplemental Agreements, Riders and Addenda.
The language contained in this Article will supersede any provision in any Supplement, Rider or Addendum.
Section 2. Funeral Leave
In the event of a death of a member of the employee's family, a seniority employee shall be allowed a reasonable time off to attend the funeral or other bereavement rite.
Members of the employee's family means spouse, child, or step-child, grandchild, father, mother, brother, sister, grandparents, mother-in-law and father-in-law and step-parents.
A regular full-time employee shall be guaranteed two (2) days off to be taken between the day of death and two (2) working days following the funeral provided the employee attends the funeral or other bereavement rite.
An employee shall be allowed one (1) day off to attend the funeral or other bereavement rite of a sister-in-law or a brother-in-law. Reimbursement for this day shall be the same as provided below.
Time off shall not extend beyond the day of the funeral unless an additional day is required for travel, except as provided above. In no event will total compensated time off exceed four (4) scheduled work days. The employee will be reimbursed at eight (8) times the employee's straight-time hourly rate for each day lost from work for those employees whose regular scheduled workweek is five (5) days, and ten (10) times the straight-time hourly rate for those employees whose regular scheduled workweek is four (4) days. Part-time employees will receive the same benefits as above, paid at four (4) times the employee's hourly rate.
Better conditions contained in Supplements, Riders or Addenda will be maintained by present employees. All employees hired after July 2, 1982 will be covered by the above language.
Section 3. 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 E.R.I.S.A.
This Plan will be jointly administered by the Union and the Employer.
ARTICLE 30. JURISDICTIONAL DISPUTES
In the event that any dispute should arise between any Local Unions party to this Agreement or between any Local Union party to this Agreement and any other Union, relating to jurisdiction over employees or operations covered by this Agreement, the Employer agrees to accept and comply with the decision or settlement of the Unions or Union tribunals which have the authority to determine such dispute. The parties do not intend by this paragraph to take away the Employer's right to designate the home domicile of his employees; provided, however, that any employees adversely affected shall have recourse to the grievance procedure. The Employer further agrees that prior to the change of the domicile of any of its employees, it shall so notify the Unions directly involved.
ARTICLE 31. GARNISHMENTS
In the event of notice to the Employer that a court order has been issued requiring the Employer to withhold a percentage of an employee's wages to satisfy a garnishment, the Employer may take disciplinary action if the employee fails to satisfy such garnishment or wage assignment within a seventy-two (72) hour period after notice to the employee that the Employer is considering disciplinary action. However, the Employer may not discharge any employee by reason of the fact that his/her earnings have been subjected to garnishment or wage assignment for any one (1) indebtedness. An employee may be suspended by reason of the fact that his/her earnings have been subjected to garnishment or wage assignment for any one (1) indebtedness, but any such suspension must be for a fixed, stated period of time.
If the Employer is notified of three (3) garnishments or wage assignments for more than one (1) debt, irrespective of whether satisfied by the employee within a seventy-two (72) hour period, the employee may be subjected to discipline. However, the employee may not be discharged upon notice of a third (3rd) garnishment, under this provision, unless and until the Employer has actually begun withholding the employee's wages on a second (2nd) debt. If the Employer has an established practice of discipline or discharge with a fewer number of garnishments or wage assignments, or impending garnishments or wage assignments, and if the employee fails to adjust the matter within the seventy-two (72) hour period, such past practice shall be applicable, provided it does not result in the discharge of an employee prior to the actual withholding of the employee's wages for a second (2nd) debt.
A garnishment for child support or alimony shall not be considered a debt for purposes of discipline.
The Employer shall comply with federal, state and local law in enforcing the provisions of this Article. Discipline or discharge pursuant to this Article shall be reasonable and nondiscriminatory.
ARTICLE 32. SUBCONTRACTING
For the purpose of preserving work and job opportunities for the employees covered by this Agreement, the Employer agrees that no work or services of the kind, nature or type, and including new operations or buildings, covered by, presently performed, or hereafter assigned to the collective bargaining unit will be subcontracted, transferred, leased, assigned or conveyed in whole or in part to any other plant, person or non-unit employees, unless otherwise provided in this Agreement. The Employer may not subcontract work in any classification for the purpose of avoiding overtime. The Employer may not subcontract work in any classification if any employee who normally performs such work is on layoff.
The number of car washer and porter jobs in the bargaining unit as of July 31, 1990 shall be guaranteed from replacement by the Employer subcontracting this work. It is further agreed that additions to the workforce in areas that currently have bargaining unit employees performing this work shall become bargaining unit members covered under this Agreement.
ARTICLE 33. COST-OF-LIVING (COLA)
All seniority employees who have completed their appropriate progression schedule shall be covered by the provisions of a cost- of-living allowance as set forth in this Agreement.
The amount of the cost-of-living allowance shall be determined as provided below on the basis of the "Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W (Revised Series Using 1982-84 Expenditure Patterns), All Items (1982-84=100), published by the Bureau of Labor Statistics, U.S. Department of Labor" and referred to herein as the "Index".
The Central Conference package driver wage and benefit contribution rates shall be summed and referred to as the "Compensation Rate". The annual percentage increase in the Compensation Rate, resulting from negotiated wage and benefit increases, shall be referred to as the "Compensation Rate Percentage".
Cost-of-living allowances shall be effective on April 1, 2001, and April 1, 2002.
The April 1, 2001 adjustment shall be calculated by the difference between the January, 2000 Index and the January, 2001 Index.
The April 1, 2002 adjustment shall be calculated by the difference between the January, 2001 Index and the January, 2002 Index.
The cost-of-living allowances shall be calculated as follows:
For every 3.4 increase in the Index, over and above the prior year's Index increased by the Compensation Rate Percentage, there shall be a lump sum payment, in the month of April, of one hundred dollars () for covered full-time employees and fifty dollars () for covered part-time employees.
In the event the appropriate Index figure is not issued before the effective date of the cost-of-living adjustment, the cost-of-living adjustment that is required will be made at the beginning of the first (1st) pay period after the receipt of the Index.
In the event that the Index shall be revised or discontinued and in the event the Bureau of Labor Statistics, U.S. Department of Labor, does not issue information which would enable the Employer and the Union to know what the Index would have been had it not been revised or discontinued, then the Employer and the Union will meet, negotiate, and agree upon an appropriate substitute for the Index. Upon the failure of the parties to agree within sixty (60) days, thereafter, the issue of an appropriate substitute shall be submitted to an arbitrator for determination. The arbitrator's decision shall be final and binding.
ARTICLE 34. HEALTH & WELFARE AND PENSION
(a) Health & welfare and/or pension contributions shall be increased by twelve dollars (.00) per week on August 1, 1997; and fourteen dollars (.00) per week on August 1, 1998; and fourteen dollars (.00) per week on August 1, 1999; and sixteen dollars (.00) per week on August 1, 2000; and sixteen dollars (.00) per week on August 1, 2001. Where the employees are covered by both Teamster Health & Welfare and Pension Funds in a Supplement, Rider or Addendum, the weekly health & welfare and pension contributions shall be allocated by the respective Joint Supplemental Area Negotiating Committees, subject to the approval of the Joint National Negotiating Committee. In those Supplements, Riders or Addenda, where some of the employees are covered by a Teamster Health and Welfare Plan and some of the employees are covered by the Company Health and Welfare Plan, the amount of money allocated to the Company Health and Welfare Plan shall be the same as the amount allocated to the Teamster Health and Welfare Plan in the Supplement, Rider or Addendum. The applicable Supplement, Rider or Addendum will reflect the appropriate agreed-to increases to the Teamster Pension Plans in those Supplements, Riders or Addenda where all the employees are in the Company Health and Welfare Plan and/or covered by Section (f) of this Article. These increases shall be allocated as follows: five cents (/home/free/cgi-bin/util/sitebuilder.05) per hour to Health and Welfare in the first year of the contract, fifteen cents (/home/free/cgi-bin/util/sitebuilder.15) per hour to Health & Welfare in the second, third and fourth years of the contract, and twenty cents (/home/free/cgi-bin/util/sitebuilder.20) per hour to Health & Welfare in the fifth year of the contract. The remainder of the contribution increase each year will be paid into pension.
It is the intent of the Employer and the Union that health & welfare and pension monies will be allocated in a manner to keep wage increases uniform. The increases accrued under this Article on August 1st of each year can only be allocated to health & welfare and/or pension. Any dispute concerning the allocation of health & welfare and pension money shall be determined and/or resolved by the Joint National Negotiating Committee.
(b) Monthly, daily and hourly health & welfare and pension contributions shall be converted from the weekly rate increases in accordance with past practice.
(c) During the life of this Agreement, the Employer will continue to make applicable contributions to all IBT Health and Welfare Funds and all IBT Pension Funds (or the successor funds in case of merger of funds) for full-time and/or part-time employees in all Supplements, Riders and Addenda where the Employer was making contributions for full-time and/or part-time employees on May 1, 1982, unless changes placing these employees in UPS plans are negotiated and agreed to by the National Negotiating Committee.
(d) In those Supplements, Riders and Addenda where the Employer was providing health & welfare and/or pension benefit coverage to employees (either full-time or part-time) on May 1, 1982, the Employer will continue to provide health & welfare and/or pension benefit coverage under the Company plan(s), with funding under the related trust(s) established by the Employer for this purpose, for the life of this Agreement unless specified otherwise in the applicable Supplemental Agreement, Rider and Addendum.
(e) All contractual provisions relating to health & welfare and pensions shall be provided in the respective Supplemental Agreements, Riders and Addenda.
(f) The agreements on Maintenance of Benefits for Teamster Health and Welfare Plans in the Western Conference of Teamsters Supplemental Agreement and in the Northern California Supplemental Agreement shall continue in full force and effect during the life of this Agreement.
(g) The Employer shall not be required to contribute to any jointly-trusteed health and welfare plan, consistent with the practices and rules and regulations of such plan in effect as of August 1, 1997 an amount greater than the amount it contributed on July 31, 1997 plus the increases required by this Master Agreement, except as may be required by law notwithstanding any language to the contrary in any Trust Agreement, Participation Agreement or similar document. The only exception to the above is the Maintenance of Benefits provision in paragraph (f) above.
(h) In the event that national health care legislation is enacted, the parties agree to meet and discuss any ramifications of that legislation on the provisions of this Article.
(i) UPS Part-Time Pension Plan
(1) The UPS Pension Plan will be improved to provide monthly benefits for part-time employees not covered by Teamster pension plans.
For example, the total monthly benefit will be equal to the following provided the employee meets the Credited Service requirement:
$1,750 for retirement at any age after 35 years of part-time Credited Service
$1,500 for retirement at any age after 30 years of part-time Credited Service
$1,250 for retirement at age 60 with 25 years of part-time Credited Service
$1,000 for retirement at any age with 25 years of part-time Credited Service
The monthly benefit formula under the UPS Pension Plan will be: times part-time Credited Service years, subject to a maximum 35 years service limit.
(2) Part-time employees will receive one (1) year of Credited Service for 750 or more paid hours. (Six (6) months of part-time Credited Service will be granted for 375 to 500 hours worked in a calendar year, and nine (9) months of part-time Credited Service will be granted for 501 to 749 hours worked in a calendar year.)
(3) The Employer will be responsible for funding the UPS Pension Plan as required to provide the benefits described above and will be responsible for maintaining the plan.
(4) The UPS Pension Plan will be governed by the terms of the Plan document.
(5) The improved benefits will become effective as of August 1, 1999.
ARTICLE 35. EMPLOYEE'S BAIL, LICENSE, SUBSTANCE AND ALCOHOL TESTING
Section 1. Employee's Bail and/or Court Appearance
When an employee is required to appear in any court for the purpose of testifying because of any accident the employee may have been involved in during working hours, such employee shall be reimbursed in full by the Employer for all earnings opportunity lost because of such appearance. The Employer shall furnish employees who are involved in accidents during working hours with bail bond and legal counsel and shall pay in full for same. Employees shall be compensated for time spent in jail at his/her regular rate of pay. Said bail bond and legal counsel shall remain assigned to the employee until all legal action in connection with said accident is concluded, provided the employee is not charged and convicted of criminal negligence. This Section shall not apply to employees who are found guilty of drunken driving when involved in an accident during working hours. The Employer shall assume all responsibility for all court costs, legal fees, and bail bond fees for any employee who is involved in any accident or accidents during working hours and shall assume all responsibility for all judgements and awards against any employee who is involved in accidents during working hours, which result through court action against said employee, except as provided above. In case an employee shall be subpoenaed as a witness in a company-related case, or as a result of his/her on duty observations of an accident not involving a UPS vehicle, he/she shall be reimbursed for all time lost and expenses incurred.
Section 2. Suspension or Revocation of License
In the event an employee shall suffer a suspension or revocation of the right to drive the Employer's equipment for any reason, the employee must notify the Employer before their next report to work. Failure to comply will subject the employee to disciplinary action up to and including discharge in accordance with the procedures set forth in the appropriate Supplement, Rider and Addendum. (See also Article 16, Leave of Absence, Section 3.1.)
If such suspension or revocation comes as a result of the employee complying with the Employer's instruction, which results in a succession of size and weight penalties or because the employee complies with the Employer's instructions to drive Employer's equipment which is in violation of the Department of Transportation regulations relating to equipment or because the Employer's equipment did not have either a speedometer or a tachometer in proper working order and if the employee has notified the Employer of the citation for such violation as above mentioned, the Employer shall provide employment to such employee at not less than the employee's regular earnings at the time of such suspension for the entire time period.
Section 3. Controlled Substance Testing
The parties have agreed that the procedures as set forth in Article 35, Section 3 shall be the methodology for all testing and will be modified only in the event that further federal legislation or Department of Transportation regulations require revised testing methodologies or requirements during the term of this Agreement.
Should other categories, modifications or types of testing be required by the government, the parties will meet as expeditiously as possible to develop a mutually agreeable procedure.
The provisions of Article 16, Section 5 will apply to all employees requesting enrollment in a rehabilitation program following a positive drug test. Employees may use the United Parcel Service Employee Assistance Program, a Union sponsored program, as well as any other referral service in choosing an approved program for treatment.
Section 3.1 Employees Who Must Be Tested
UPS employees subject to Department of Transportation mandated drug testing are drivers of vehicles with a vehicle weight rating over 26,000 pounds, requiring a commercial driver license (CDL). This includes mechanics and employees who relieve for vacations or other temporary vacancies. Any employee who drives a tractor-trailer and is on the qualified feeder driver list is also subject to DOT mandated testing as provided in this Agreement.
In addition to testing mandated employees, controlled substance testing will be part of prequalification conditions for feeder driver employment, and those persons transferring to a feeder driver position. Individuals who are on a "bid list" for tractor- trailer employment or other similar classification type jobs are subject to being tested for controlled substances before being accepted into such a position.
Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated drug testing are only subject to reasonable cause testing as provided herein.
Section 3.2 Testing
Because of the consequences that a positive test result has on an employee, UPS will employ a very accurate, two-stage testing program. Urine samples will be analyzed by a highly qualified independent laboratory which is certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). All samples will be tested according to DOT drug testing requirements.
Section 3.3 Screening Test
The initial test uses an immunoassay to determine levels of drugs or drug metabolites. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five (5) drugs or drug classes.
Substance Initial Test Level (ng/ml)
Marijuana Metabolites 50
Cocaine Metabolites 300
Opiate Metabolites 300
Phencyclidine 25
Amphetamines 1,000
*25 ng/ml is immunoassay specific for free morphine
These substances and test levels are subject to change by the Department of Transportation as advances in technology or other considerations warrant.
Section 3.4 Confirmatory Test
All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the cutoff values listed. The following cutoff levels shall be used to confirm the presence of drugs or drug metabolites:
Substance Confirmatory Test Level (ng/ml)
Marijuana Metabolite (1) 15
Cocaine Metabolite (2) 150
Opiates:
Morphine 300
Codeine 300
Phencyclidine 25
Amphetamines:
Amphetamine 500
Methamphetamine 500
__________________________________________________
(1) Delta-9-tetrahydrocannabinol-9-carboxylic acid
(2) Benzoylecgonine
In the event the initial urine test indicates a positive response the confirmatory test must be done. These substances and test levels are subject to change by the Department of Transportation as advances in technology or other considerations warrant.
Section 3.5 Laboratory Testing
All laboratories selected by UPS for analyzing Controlled Substances Testing specimens will be SAMHSA certified.
Section 3.6 Types of Testing Required
Testing procedures will be performed as part of pre-qualified practices, after defined DOT reportable accidents, on the basis of reasonable cause, upon return to duty after a positive test, under DOT mandated random testing and as follow-up testing for post drug rehabilitation as outlined under Article 16, Section 5.
Section 3.7. Pre-Qualification Testing
Controlled substance testing will be part of UPS's regulated pre- qualification conditions for feeder driver positions.
Drivers will be advised in writing prior to the application process that pre-qualification testing will be conducted to determine the presence of controlled substances. Applicants will be required to acknowledge in writing an understanding of this request before they receive an application.
Section 3.8. Reasonable Cause Testing
Upon reasonable cause, UPS will require an employee to be tested for the use of controlled substances.
Reasonable cause is defined as an employee's observable action, appearance, or conduct that clearly indicate the need for a fitness-for duty medical evaluation.
The employee's conduct must be witnessed by at least two (2) supervisors, if available. The witnesses must have received training in observing a person's behavior to determine if a medical evaluation is required. When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 4 of the National Master UPS Agreement as interpreted. If no steward is present, the employee may select another hourly paid employee to represent him.
Documentation of the employee's conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner.
Note: (Reasonable Cause)
At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance confirmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter and offered an opportunity for rehabilitation as set forth in this Article. However, if there is a second occasion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge.
Non-DOT - Reasonable Cause:
In the event an employee (not covered by DOT) is tested pursuant to the discipline Article in the Supplemental Rider or Addenda to the National Master UPS Agreement, such test will be performed under the same procedures as outlined in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.
Section 3.9 Post-Accident Drug Testing
DOT mandated drivers will be required to submit to a drug test after a DOT defined serious accident, which is one in which:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;
3. A citation is issued and one (1) or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.
Non-DOT mandated drivers may be required to submit to drug testing if there is any reasonable suspicion of drug usage or reasonable cause to believe that a driver has been operating a vehicle while under the influence of drugs, or reasonable cause to believe the driver was at fault in the accident and drug usage may have been a factor.
Drivers are required to submit to such testing as soon as possible, but in all events within thirty-two (32) hours. Union representation will be made available pursuant to Article 4 of the National Master UPS Agreement, as interpreted.
It is not the intention of this language to prohibit the driver from leaving the scene of an accident for the period of time necessary to obtain assistance in responding to the accident or to receive necessary medical attention.
The result of a urine test for the use of controlled substances, conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of post-accident testing, provided such tests conform to applicable federal, state or local requirements, and that the results of the tests are obtained by the Employer.
Random Testing
Random Employee Selection:
The procedure used to randomly select employees for drug testing, in compliance with the U.S. Department of Transportation Regulations, will be a computer program specifically intended for such an application.
The program will utilize an internal computer clock procedure to randomly generate lists of employees mandated for testing by the Department of Transportation/Federal Highway Administration. The computer shall randomly select the required number of employees from the total pool of affected employees. The total pool list shall be by each region.
For verification purposes and to cover absences the computer shall print the following lists for each testing period:
1. An alphabetical total pool list of employees in the region.
2. A district list of employees shall be printed from the random list in the order in which they are computer selected.
3. An alternate list by district, which is a continuation of the district's random list.
The lists or true copies of the lists shall be maintained by a third party administrator. Upon request to the District Labor Relations Manager, the lists will be made available for review by Local Union representatives and company labor relations managers to verify the proper application and use of the lists in the random testing system.
The parties agree that no effort will be made to cause the system and method of selection to be anything but a true random selection procedure insuring that all affected employees are treated fairly and equally.
The parties further agree not to amend or change the current method of random selection as described herein without prior agreement between the parties.
Section 3.11 Notification
UPS employees, subject to Department of Transportation mandated random drug testing, will be notified of testing in person or by direct phone contact. Notification shall be given by the management person responsible for such notification.
Section 3.12 Rehabilitation and Testing After Return To Duty
A positive test specimen as a result of a DOT pre-qualification or random test will result in a rehabilitation opportunity. An employee whose test results are reported to the Medical Review Officer by the SAMHSA certified laboratory and who has been contacted by the Medical Review Officer or his/her designee has five (5) calendar days to meet with the Medical Review Officer to review the test results. If the review time schedule is not met, then the Medical Review Officer will report to UPS Management that the covered employee is not medically qualified to drive. If the Medical Review Officer determines a specimen is positive, then the employee will have five (5) calendar days to evaluate his/her situation with an approved EAP counselor and then up to fifteen (15) calendar days to enter the rehabilitation treatment center after approval of a leave of absence as outlined in Article 16, Section 5 of the National Master UPS Agreement. UPS will follow the final recommendations of the Medical Review Officer, who has consulted with the rehabilitation treatment professional as to the appropriate after-care protocol and post rehabilitation unannounced drug testing.
It is understood that if the grievance procedure is utilized contractual time limits on disciplinary action and the employee's request for rehabilitation will be suspended until resolution of the grievance.
Section 3.13 Disciplinary Action
Employees may be subject to discipline up to and including discharge as provided below if they test positive for drugs specified elsewhere in this Article.
1. Reasonable Cause Testing
a. A positive test is a dischargeable offense.
b. Refusal to submit to a reasonable cause drug test is a dischargeable offense.
2. Post-Accident Testing
a. A positive test is a dischargeable offense.
b. Refusal to submit to a post-accident drug test is a dischargeable offense.
3. Random Testing
a. 1st offense - A positive test shall result in a warning letter (subject to successful completion of rehabilitation).
b. 2nd offense - A positive test is a dischargeable offense.
c. Refusal to submit to a random drug test is a dischargeable offense.
4. Pre-qualification
a. 1st offense - A positive test shall result in disqualification/not considered for feeder list until the next feeder driver school is conducted (subject to successful completion of rehabilitation)
b. 2nd offense - A positive test is a dischargeable offense.
5. Other Dischargeable Offenses:
a. Failure to successfully complete rehabilitation.
b. A positive specimen as part of after-care drug testing.
c. Failure to comply with after-care treatment plan.
Section 3.14 Preparation for Testing
Pursuant to Department of Transportation regulations, the Employer reserves the right to utilize on site or off site collection facilities.
Upon arrival at the collection site, an employee must provide the collection agent with:
- Photo identification.
- An unsigned authorization form for urinalysis drug screening.
If the employee arrives without the above-listed items, the collection agent should contact the district Safety and Health manager or district Human Resources manager.
The employee signs the consent form and the collection agent signs as a witness.
A standard DOT approved urine custody and control form will be supplied by the appropriate laboratory. This form must be used by all collection facilities.
Section 3.15 Specimen Collection Procedures
The Employer agrees to continue use of the Specimen Collection Checklist. The checklist, approved by the National UPS/IBT Safety and Health Committee, is to be used with the affected employees at the collection site by the person performing the collection services for the Employer.
The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted controlled substance testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure.
All procedures for urine collection will follow Department of Transportation guidelines to ensure an individual's privacy. An employee who gives reason to believe that he or she may have adulterated or substituted a sample will be required to provide a specimen under direct observation by a same gender collection agent.
No unauthorized personnel will be allowed in any area of the collection site. Only one (1) controlled substances testing collection procedure will be conducted at a time and the specimens can only be handled by the collection site person.
The employee being tested should remove any outer garments, such as coats, jackets, hats or scarves, and should leave any personal belongings (purse or briefcase) with the collection agent. If the employee requests it, the collection agent shall provide the employee a receipt for his or her belongings. The employee may retain his or her wallet.
After washing his/her hands, the employee shall remain in the presence of the collection agent and shall not have access to any water fountain, faucet, soap dispenser, cleaning agent or other materials which could be used to adulterate the specimen.
The collection agent provides the employee with a new, sealed kit selected by the employee.
The employee will provide his or her specimen in a stall or otherwise partitioned area that allows for privacy. The Employer agrees to recognize all employee's rights to privacy while being subjected to the collection process at all times and at all collection sites. Further, the Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Authorization for collection under the direct observation of a collection agent (of the same gender) will only be made under specific circumstances. All procedures shall be conducted in a professional, discreet and objective manner. Direct observation will be necessary in cases where there is reason to believe that an employee has adulterated the initial specimen.
The employee shall be instructed to provide at least forty-five (45) milliliters of urine in the first container. The employee shall hand the specimen to the collection agent. The specimen shall remain in the sight of both the collection agent and the employee at all times. A minimum of fifteen (15) milliliters of urine shall be placed in the second container by the collection agent. The collection agent then shall determine that the first container contains at least thirty (30) milliliters of urine. If the individual is unable to provide forty-five (45) milliliters of urine, the collection agent shall direct the individual to drink fluids, not to exceed forty (40) ounces. Then after a reasonable time not to exceed three (3) hours, the employee shall again attempt to provide a complete sample using a new specimen container. (The original specimen, if any, should be discarded). If the individual is still unable to provide forty-five (45) milliliters of urine, he/she will be taken out of service and a medical evaluation will be conducted by a licensed physician approved by the Employer to determine if there is a medical reason for the inability to provide a specimen. If it is not determined that there is a medical reason, the individual will be treated as having refused to take the test. If the employee fails for any reason to provide forty-five (45) milliliters of urine, the collection agent should contact a third party administrator (TPA) and either the District Safety and Health Manager or another Employer designee.
The regulations specify the privacy procedures and the reasons to believe that a specimen has been adulterated which include conduct clearly and unequivocally indicating an attempt to substitute or adulterate the sample, e.g., abnormal urine color or urine temperature outside the acceptable range. All specimens suspected of being adulterated shall be packaged and forwarded to the laboratory for testing.
In the event of suspected specimen adulteration, a second specimen will be immediately collected if possible, and the entire procedure should be repeated including initiation of a new chain-of-custody form and separate packaging for shipping.
The collection agent shall document any unusual behavior or appearance on the urine custody-and-control form.
Specimen handling (from one (1) authorized individual or place to another) will always be conducted using chain-of-custody procedures. Every effort must be made to minimize the number of people handling specimens. Both specimen containers shall be sealed and then forwarded to an approved laboratory for testing.
When the test is being conducted as part of a rehabilitation program, the collection process may be observed. If observed, the observer shall be the same gender as the employee being tested. When a test kit is received by a laboratory, the thirty (30) milliliter sealed urine specimen container shall be removed immediately for testing. The shipping container with the remaining sealed container shall be immediately placed in secure refrigerated storage.
If an employee is told that the first sample tested positive, the employee may, within seventy-two (72) hours of receipt of actual notice, request that the second urine specimen be forwarded by the first laboratory to another independent and unrelated SAMHSA approved laboratory of the parties' choice for GC/MS confirmatory testing of the presence of the drug. If an employee chooses to have the second sample analyzed, he/she shall at that time execute a special checkoff authorization form to insure payment by the employee. If the second test is positive, and the employee wishes to use the rehabilitation option, the employee shall reimburse the Employer for the costs of the second confirmation test and handling and shipping charges before entering the rehabilitation program. For those employees who choose to have the second specimen tested, disciplinary action can only take place after the first laboratory reports a positive finding and the second laboratory confirms the presence of the drug. However, the employee may be taken out of service once the first laboratory reports a positive finding while the second test is being performed. If the second laboratory report is negative, the employee will not be charged for the cost of the second test and will be reimbursed for all lost time. It is also understood that if an employee opts for the second specimen to be tested, contractual time limits on disciplinary action in the Supplements are waived.
Section 3.16 Specimen Shipping Preparations
After measuring temperature and visibly inspecting the urine specimen, the collection agent should tighten and seal the specimen shipping container.
The collection agent places a security label (initialed and dated by the employee) over the bottle cap, overlapping the bottle sides.
A double-pouch bag will be used for shipping, with one (1) side for the urine specimen and the other for paperwork.
The collection agent places the urine specimen in the sealable pocket of the specimen bag and then seals the bag.
The collection agent places laboratory copies of the urine custody and control form in the back sleeve of the double-pouch bag.
The collection agent places the sealed specimen bag in the shipping box and seals the box with the tape provided.
The employee receives a copy of the urine custody and control form.
Section 3.17 District Medical Review Officer
Each Medical Review Officer (MRO) must be a licensed doctor of medicine or osteopathy with knowledge of substance abuse disorders.
The MRO is responsible for performing the following functions:
1. Reviewing the results of UPS's drug testing program.
2. Receiving all positive and negative drug test reports as prescribed under the DOT regulations, and making all reports of drug test results to the Employer.
3. Within a reasonable time, notifying an employee of a confirmed positive test result.
4. Reviewing and interpreting each confirmed positive test result in order to determine if there is an alternative medical explanation for the specimen's testing positive. The MRO shall perform the following functions as part of the review of a confirmed positive test result.
5. Provide an opportunity for the employee to discuss a positive test result.
6. Review the employee's medical history and relevant biomedical factors. A driver is allowed to use a controlled substance (except for methadone) only when taken as prescribed by a licensed medical practitioner who is familiar with the driver's medical history and assigned duties.
7. Review all medical records made available by the employee to determine if a confirmed positive test resulted from legally prescribed medication or other possible explanation.
8. Verify that the laboratory report and assessment are correct. The MRO shall be authorized to request that the original specimen be reanalyzed to determine the accuracy of the reported test result.
9. Processing an employee's request to test the split sample. Such testing will be conducted at the employee's expense. The employee shall be reimbursed by UPS for any such expense should the retest provide a negative result. If a reanalysis is negative, then the MRO will declare the test canceled.
10. Review and determine with the after-care treatment professionals whether and when a return to work agreement can be made for an employee. The MRO shall also review any rehabilitation program in which the employee participated.
11. Reviewing with after-care treatment professionals the schedule of unannounced testing for an employee who has returned to duty after failing a drug test conducted in accordance with the return to work agreement, or after refusing to submit to a drug test required by the return-to-work agreement.
Section 3.18 MRO Determination
If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result, the MRO shall report the test to the Employer as a negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result, the MRO shall report the positive test result to the appropriate member of management in accordance with DOT regulations.
Based on a review of laboratory reports, quality assurance and quality control data and other drug test results, the MRO may conclude that a particular confirmed positive drug test result is scientifically insufficient for further action. Under these circumstances, the MRO shall conclude that the test is negative for the presence of drugs or drug metabolites in an employee's system.
When there is a question as to the validity or accuracy of a positive test result, only the MRO is authorized to order a re- analysis of the original sample. Not later than seventy-two (72) hours after notification of a confirmed positive test result, an employee may submit a written request to the MRO for testing of the split sample. The laboratory used must be certified by the SAMHSA and must follow usual chain-of-custody procedures.
The employee shall be reimbursed for any pay lost if taken out of service based upon a positive test result which is negated by the second test or as the result of the resolution of the grievance. In order to make a recommendation to return an employee to duty after the employee has tested positive for the presence of controlled substances or has refused to submit to a drug test, the MRO shall:
A. Ensure that the individual or employees is "drug free," based on a drug test that shows no positive evidence of the presence of a drug or a drug metabolite in the person's system.
B. Ensure that the employee has been evaluated by a rehabilitation program counselor for drug use or abuse.
C. Ensure and confirm with the after-care treatment professional that the employee demonstrates compliance with all conditions or requirements of a rehabilitation program in which he or she participated and follows the after-care treatment plan.
If the MRO, after appropriate review, is in basic disagreement with the treatment or evaluation physician/center as to the appropriate return to work date after evaluation and/or rehabilitation, then the MRO and the treatment/evaluation provider shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision as to the appropriate return to work date shall be final and binding. If the third (3rd) doctor agrees that the employee should have been returned to work at a date earlier than that proposed by the MRO, the employee shall be reimbursed at his/her daily guarantee, less any other monies received, back to the release date of the evaluation and/or treatment facility. It shall exclude any time the employee was not available for examination or work.
Section 3.19 Record Retention
The medical review officer is the sole custodian of the individual test results. The MRO shall retain reports of individual positive test results for a minimum of five (5) years. Individual negative test results will be maintained for at least twelve (12) months. UPS shall maintain in a driver's qualification file only such information as required by the DOT to document compliance with the drug testing requirements.
Section 3.20 Release of Drug Testing Information
The MRO shall inform the employee before beginning the verification interview, that the MRO could transmit to appropriate parties information concerning medications being used by the employee or the employee's medical condition only if, in the MRO's medical judgment, the information indicated that the employee may be medically unqualified under applicable DOT agency rules.
When a grievance is filed as a result of a positive test the Employer shall obtain from the laboratory its records relating to the drug test. Upon receiving the records, the employer shall promptly provide copies to the appropriate official of the Union, provided that the employee has executed the consent form authorizing release to the Union. The consent request will be given to the employee in conjunction with the request authorizing release of the information to the Employer.
The Company agrees to notify the Union of any change of SAMHSA approved laboratories used for drug testing, for whatever reason.
Section 3.21 Paid For Time
Testing - Except for drug tests taken in conjunction with a DOT physical, the employee will be paid their regular straight time hourly rate of pay in the following manner:
1. For all time at the collection site.
2.(a) If the collection site is reasonably en route between the employee's home and the center, and the employee is going to or from work, pay for travel time one (1) way between the center and the collection site or the collection site to the center; or
2.(b) For travel time both ways between the center and the collection site, only if the collection site is not reasonably en route between the employee's home and the employee's center.
3.If an employee is called at home to take a random drug test at a time when the driver is not en route to or from work, the employee shall be paid in addition to all time at the collection site, travel time both ways between the employee's home and the collection site with no minimum guarantee.
When an employee is on the clock and a random drug test is taken any time during the employee's shift, and the shift ends after eight (8) hours, the employee shall be paid time and one-half (1-1/2) for all time past the eight (8) hours.
Provisions in Supplements, Riders and Addenda that are superior shall prevail.
Section 4. Alcohol Testing
The parties have agreed that the procedures as set forth in Article 35, Section 4 shall be the methodology for testing and will be modified only in the event that further federal legislation or Department of Transportation regulations required by regulation, revise testing methodologies or requirements during the term of this Agreement.
Where such regulations allow revised testing methodologies such modifications shall be subject to mutual agreement by the parties.
Section 4.1 Employee's Who Must Be Tested
UPS employees subject to Department of Transportation mandated alcohol testing are drivers of vehicles with a vehicle weight rating over 26,000 pounds, requiring a Commercial Drivers License (CDL). This includes mechanics and employees who relieve for vacations or other temporary vacancies. Any employee who drives a tractor-trailer and is on the qualified feeder driver list is also subject to DOT mandated testing as provided in this Agreement.
Section 4.2 Testing
Because of the consequences that a positive test result has on an employee, UPS will employ a very accurate, two-stage testing program. Breath samples will be collected by a Breath Alcohol Technician (BAT), who has been trained in the use of the Evidential Breath Testing (EBT) device, in a course equivalent to the DOT's model course. All samples will be tested according to DOT alcohol testing requirements. In the event that breath testing is not possible in such cases as reasonable cause, or post accident, the Employer has the right to use alternative DOT approved methods.
Section 4.3 Screening Test
The initial screening test uses an Evidential Breath Testing (EBT) device to determine levels of alcohol. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for alcohol:
Breath Alcohol Levels:
Less than 0.02 - Negative
0.02 and above - Positive (Requires Confirmation Test)
Section 4.4 Confirmatory Test
All specimens identified as positive on the initial screening test, showing an alcohol concentration of 0.02 or higher, shall be confirmed using an EBT that is capable of providing a printed result in triplicate; is capable of assigning a unique and sequential number to each test; and is capable of printing out, on each copy of the printed test result, the manufacturer's name for the device, the device's serial number, and the time of the test.
A confirmation test must be performed not sooner than fifteen (15) minutes after the screening test, but not more than twenty (20) minutes after the screening test.
The following cutoff levels shall be used to confirm the presence of alcohol:
Breath Alcohol Levels:
Less than 0.02 - Negative
0.02 to 0.039 - Positive/Out of service for twenty-four (24) hours
from time of the test
0.04 and above - Positive/Out of service and referred to Substance
Abuse Professional (SAP).
Section 4.5 - Types of Testing Required
Testing procedures will be performed as part of pre-qualified practices, after defined DOT reportable accidents, on the basis of reasonable cause, upon return to duty after a positive test, under DOT mandated random testing and as follow-up testing for post alcohol rehabilitation as outlined under Article 16, Section 5.
Section 4.6 Reasonable Cause Testing
Upon reasonable cause, UPS will require an employee to be tested for the use of alcohol.
Reasonable cause is defined as an employee's observable action, appearance or conduct that clearly indicates the need for a fitness-for-duty medical evaluation.
The employee's conduct must be witnessed by at least two (2) supervisors, if available. The witnesses must have received training in observing a person's behavior to determine if a medical evaluation is required. When the supervisor confronts an employee, a union representative should be made available pursuant to Article 4 of the National Master UPS Agreement as interpreted. If no steward is present, the employee may select another hourly paid employee to represent him.
Documentation of the employee's conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior. In addition, a copy will be sent to the Local Union in a timely manner.
NON-DOT Reasonable Cause Testing
Employees covered by this Collective Bargaining Agreement who are not subject to DOT mandated alcohol testing are only subject to reasonable cause testing as provided herein, in accordance with supplemental practices.
Section 4.7 - Post Accident Alcohol Testing
DOT mandated drivers will be required to submit to an alcohol test after a DOT defined serious accident, which is one in which:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;
3. A citation is issued and one (1) or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from the scene by a tow truck or other vehicle.
Non-DOT mandated drivers may be required to submit to alcohol testing if there is any reasonable suspicion of alcohol usage or reasonable cause to believe that a driver has been operating a vehicle while under the influence of alcohol, or reasonable cause to believe the driver was at fault in the accident and alcohol usage may have been a factor.
Alcohol testing will be required after accidents under the above conditions and drivers are required to submit to such testing within two (2) hours of the accident, if possible, and within eight (8) hours at the latest.
Drivers are required to submit to such testing as soon as possible within two (2) hours. Under no circumstances shall this type of testing be conducted more than eight (8) hours after the time of the accident.
It shall be the responsibility of the driver to remain readily available for testing after the occurrence of a commercial motor vehicle accident. It is also the responsibility of the driver to not use alcohol for eight (8) hours or until an alcohol test is performed under this section, whichever occurs first. Union representation will be made available pursuant to Article 4 of the National Master UPS Agreement, as interpreted.
It is not the intention of this language to prohibit the driver from leaving the scene of an accident for the period of time necessary to obtain assistance in responding to the accident or to receive necessary medical attention.
Law Enforcement Testing
The result of a breath or blood test for the use of alcohol or a urine test for the use of controlled substances, conducted by federal, state, or local officials having independent authority for the test, shall be considered to meet the requirements of post- accident testing, provided such tests conform to applicable federal, state or local requirements, and that the results of the tests are obtained by the Employer.
Section 4.8 Random Testing - Random Employee Selection
The procedure used to randomly select employees for alcohol testing, in compliance with the U.S. Department of Transportation regulations, will be a computer program specifically intended for such an application.
The program will utilize an internal computer clock procedure to randomly generate lists of employees mandated for testing by the Department of Transportation/Federal Highway Administration. The computer shall randomly select the required number of employees from the total pool of affected employees. The total pool list shall be by each Region. The pool of employees selected randomly for controlled substance testing will also be the pool of employees selected for alcohol testing in compliance with DOT regulations. For verification purposes and to cover absences the computer shall print the following lists for each testing period:
1. An alphabetical total pool list of employees in the Region.
2. A District list of employees shall be printed from the random list in the order in which they are computer selected.
3. An alternate list by District, which is a continuation of the District's random list.
The lists or true copies of the lists shall be maintained by a third party administrator. Upon request to the District Labor Relations Manager, the lists will be made available for review by Local Union representatives and company labor relations managers to verify the proper application and use of the lists in the random testing system.
The parties agree that no effort will be made to cause the system and method of selection to be anything but a true random selection procedure insuring that all affected employees are treated fairly and equally.
The parties further agree not to amend or change the current method of random selection as described herein without prior agreement between the parties.
A driver shall only be tested for alcohol while the driver is performing safety sensitive functions, just before the driver is to perform safety sensitive functions, or just after the driver has ceased performing such functions.
Employees who are on long term illness or leave of absence shall not be subject to testing.
Section 4.9 Notification
UPS employees, subject to Department of Transportation mandated random alcohol testing, will be notified of testing in person or by direct phone contact. Notification shall be given by the management person responsible for such notification.
Section 4.10 Rehabilitation and Testing after Return to Duty
If the Breath Alcohol Technician (BAT) determines a specimen is confirmed positive, then the employee will be removed from service and have five (5) calendar days to evaluate his/her situation with an approved Substance Abuse Professional (SAP) and then up to fifteen (15) calendar days to enter the rehabilitation treatment center after approval of a leave of absence as outlined in Article 16, Section 5 of the National Master UPS Agreement. UPS will follow the final recommendations of the Substance Abuse Professional (SAP), working in conjunction with the Medical Review Officer (MRO), who has consulted with the rehabilitation treatment professional as to the appropriate after-care protocol and post rehabilitation unannounced alcohol testing.
It is understood that if the grievance procedure is utilized contractual time limits on disciplinary action and the employee's request for rehabilitation will be suspended until resolution of the grievance.
The provision of Article 16, Section 5 will apply to all employees requesting enrollment in a rehabilitation program following a positive alcohol test. Employees may use the United Parcel Service Employee Assistance Program, a union sponsored program, as well as any other referral service in choosing an approved program for treatment.
Section 4.11 - Discipline
It is agreed that an employee will have a one (1) time rehabilitation opportunity for alcohol abuse as outlined in Article 16, Section 5, except as provided under Random Testing below. There shall also be a one (1) time rehabilitation opportunity for substance abuse.
1. Reasonable Cause Testing
An employee who is tested for reasonable cause and whose alcohol level is 0.02 to 0.039 will be taken out of service for twenty-four (24) hours and receive a warning letter.
An employee who is tested for reasonable cause and whose alcohol level is 0.040 to 0.069 will be taken out of service for twenty- four (24) hours, referred to a Substance Abuse Professional (SAP) and suspended for ten (10) days. If the employee has committed a disciplinary offense under the terms of the supplemental agreement, the results of the test may be used in the support of the Employer's disciplinary action.
A second positive test of 0.02 or above is a dischargeable offense.
A positive test of 0.070 or above is a dischargeable offense.
A presumption exists that the employee was drinking on the job if the observation, time of testing and alcohol level combine to show the employee's level was too high to have consumed alcohol prior to the employee's report time.
An employee taken out of service for a positive test result must have a negative test prior to returning to work.
2. Post Accident Testing
An employee who is involved in an accident for which the mandate requires post accident testing must submit to such test. A post accident test of 0.02 or above is a dischargeable offense.
3. Random Testing
A positive test of 0.02 to 0.039 will result in the employee being taken out of service for twenty-four (24) hours and a warning letter shall be issued.
A second positive test of 0.02 to 0.069 or an initial positive test of 0.04 or above will result in the employee being taken out of service and a ten (10) day suspension shall be imposed. The employee will also be referred to a Substance Abuse Professional (SAP) for evaluation. If the SAP requires in-patient treatment and that in-patient treatment is the second such treatment afforded the employee, the cost of such treatment will not be borne by the UPS medical plan.
A third positive test of 0.02 or above after the employee was tested pursuant to the above levels will subject the employee to discharge.
4. Dischargeable Offenses
Other language to the contrary notwithstanding, the following may result in discipline up to and including discharge:
A. Failure to successfully complete rehabilitation.
B. A positive test as part of post-care testing.
C. Failure to comply with the after-care treatment plan.
D. Possession of and/or consumption of an alcoholic beverage while on duty.
E. Any test of an on-duty employee that measures at or above the state mandated DWI level. Should any state reduce the DWI mandated levels below 0.08, the Employer and the Union agree to meet and re- negotiate section E. of this Agreement.
F. An employee's refusal to submit to a negotiated test.
Non-mandated employees shall be subject to reasonable cause testing as outlined above.
In no circumstances under this Section shall suspension time run concurrently with any leave period.
Section 4.12 - Preparation for Testing
Pursuant to Department of Transportation regulations, the Employer reserves the right to utilize on site or off site testing facilities. Under no circumstances shall the Employer utilize UPS personnel to serve as a Breath Alcohol Technician (BAT). Employer forms used in the testing procedure shall be mutually agreed upon by both parties.
Upon arrival at the testing site, an employee must provide the BAT with a photo identification.
If the employee arrives without the photo identification, the BAT should contact the District Safety and Health manager or the District Human Resources manager.
A consent form will be provided to the BAT by the Employer or third party administrator. The employee shall sign the consent form and the BAT shall sign as a witness.
A standard DOT approved alcohol testing form must be used by all testing facilities.
Section 4.13 Specimen Testing Procedures
The Employer agrees to implement a "Specimen Testing Checklist". The checklist, approved by the UPS/IBT Safety and Health Committee, is to be used with the affected employees at the testing site by the person performing the testing for the Employer. The checklist is to be used at all locations, but it is understood that failure to use or the refusal to use the checklist does not invalidate a properly conducted alcohol testing procedure. Nor does it prohibit an employee's recourse to the collective bargaining agreement and/or the grievance procedure.
Procedures for alcohol testing will follow Department of Transportation guidelines to ensure an individual's privacy.
No unauthorized personnel will be allowed in any area of the testing site. Only one (1) alcohol testing procedure will be conducted at a time.
The employee will provide his or her specimen in a location that allows for privacy. The Employer agrees to recognize all employee's rights to privacy while being subjected to the testing process at all times and at all testing sites. Further the Employer agrees that in all circumstances the employee's dignity will be considered and all necessary steps will be taken to insure that the entire process does nothing to demean, embarrass or offend the employees unnecessarily. Testing will be under the direct observation of a BAT. All procedures shall be conducted in a professional, discreet and objective manner. Direct observation will be necessary in all cases.
The employee shall provide an adequate amount of breath for the EBT device. If the individual is unable to provide a sufficient amount of breath, the BAT shall direct the individual to again attempt to provide a complete sample. If the employee fails for any reason to provide the requisite amount of breath, the BAT shall contact the TPA, District Safety and Health manager or Human Resources manager.
If an employee is unsuccessful in providing the requisite amount of breath, the Employer then must have the employee obtain, as soon as practical, an evaluation from a licensed physician chosen by the Employer concerning the employee's medical ability to provide an adequate amount of breath. If the physician determines that a medical condition has, or with a high degree of probability, could have precluded the employee from providing an adequate amount of breath, the employee's failure to provide an adequate amount of breath will not be deemed a refusal to take the test.
If the physician is unable to make a determination that the employee was medically unable to provide a sufficient amount of breath, the employee will be regarded as refusing to take the test.
The BAT shall document any unusual behavior or appearance on the alcohol testing form.
Section 4.14 Substance Abuse Professional (SAP) and Medical Review Officer (MRO)
Each Substance Abuse Professional (SAP) must be a licensed Doctor of Medicine or Osteopathy, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.
Each Medical Review Officer (MRO) must be a licensed Doctor of Medicine or Osteopathy with knowledge of substance abuse disorders. The SAP and the MRO may be the same individual if they meet the DOT regulations.
The SAP, working in conjunction with the MRO, is responsible for performing the following functions:
1. Review and determine with the after-care treatment professionals whether and when a return to work agreement can be made for an employee. The SAP, working in conjunction with the MRO, shall also review any rehabilitation program in which the employee participated.
2. Reviewing with after-care treatment professionals the schedule of unannounced testing for an employee who has returned to duty after failing an alcohol test conducted in accordance with the return to work agreement, or after refusing to submit to an alcohol test required by the return to work agreement.
Frequency of such follow-up testing shall consist of at least six (6) tests in the first twelve (12) months following the drivers' return to duty. The one (1) year period may be extended by the after-care treatment professional in consultation with the SAP, working in conjunction with the MRO, as necessary.
Section 4.15 SAP/MRO Determination
In order to make a recommendation to return an employee to duty after the employee has tested positive for the presence of alcohol or has refused to submit to an alcohol test, the SAP, working in conjunction with the MRO, shall:
A. Ensure that the individual or employee is "alcohol free" based on an alcohol test that shows no positive evidence of the presence of alcohol in the person's system.
B. Ensure that the employee has been evaluated by a rehabilitation program counselor for alcohol use or abuse.
C. Ensure and confirm with the after-care treatment professional that the employee demonstrates compliance with all conditions or requirements of a rehabilitation program in which he or she participated and follows the after-care treatment plan.
If the SAP, working in conjunction with the MRO, after appropriate review, is in basic disagreement with the treatment or evaluation physician/center as to the appropriate return to work date after evaluation and/or rehabilitation, then the SAP, working in conjunction with the MRO, and the treatment/evaluation provider shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision as to the appropriate return to work date shall be final and binding. If the third (3rd) doctor agrees that the employee should have been returned to work at a date earlier than that proposed by the SAP, working in conjunction with the MRO, the employee shall be reimbursed at his/her daily guarantee, less any other monies received, back to the release date of the evaluation and/or treatment facility. It shall exclude any time the employee was not available for examination or work.
Section 4.16 Record Retention
The Employer shall maintain records in a secure manner, so that disclosure of information to unauthorized persons does not occur.
Each Employer or its agent is required to maintain the following records for two (2) years:
1. Records of the inspection and maintenance of each EBT used in employee testing;
2. Documentation of the Employer's compliance with the Quality Assurance Plan (QAP) for each EBT it uses for alcohol testing;
3. Records of the training and proficiency testing of each BAT used in employee testing; and
4. Any required log books.
The Employer or its agent must maintain for five (5) years records pertaining to the calibration of each EBT used in alcohol testing, including records of the results of external calibration checks.
Section 4.17 Release of Alcohol Testing information
The Breath Alcohol Technician (BAT) shall inform the employee before testing that the Employer will be notified if the confirmatory test is greater than 0.02, since the employee will be removed from service and considered medically unqualified to drive under DOT agency rules and regulations.
When a grievance is filed as a result of a positive test the Employer shall obtain records relating to the alcohol test. Upon receiving the records, the Employer shall promptly provide copies to the appropriate official of the Union, provided that the employee has executed the consent form authorizing release to the Union. The consent request will be given to the employee in conjunction with the request authorizing release of the information to the Employer.
Section 4.18 Paid For Time
Testing - the employee will be paid their regular straight time hourly rate of pay in the following manner:
1. For all time at the testing site.
2.(a) If the testing site is reasonably en route between the employee's home and the center, and the employee is going to or from work, pay for travel time one way between the center and the testing site or the testing site to the center; or
(b) For travel time both ways between the center and the testing site only if the testing site is not reasonably en route between the employee's home and the employee's center.
When an employee is on the clock and a random alcohol test is taken any time during the employee's shift, and the shift ends after eight (8) hours, the employee shall be paid time and one-half (1-1/2) for all time past the eight (8) hours.
Provisions in Supplements, Riders and Addenda that are superior shall prevail.
ARTICLE 36. NONDISCRIMINATION
The Employer and the Union agree not to discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual's race, color, religion, sex, national origin, handicap, veteran status or age in violation of any federal or state law, or engage in any other discriminatory acts prohibited by law, nor will they limit, segregate or classify employees in any way to deprive any individual employees of employment opportunities because of race, color, religion, sex, national origin, handicap, veteran status or age in violation of any federal or state law, or engage in any other discriminatory acts prohibited by law. This Article also covers employees with a qualified disability under the Americans with Disabilities Act.
ARTICLE 37. MANAGEMENT-EMPLOYEE RELATIONS
Section 1.
The parties agree that the principle of a fair day's work for a fair day's pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer's interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.
No employee shall be disciplined for exceeding personal time based on data received from the DIAD/IVIS or other information technology.
Section 2.
Not more than one (1) member of management will ride with a driver at any time except for the purpose of training management personnel. No driver will be scheduled for more than one (1) day's ride per year with more than one (1) member of management on the car. Such day will not be used for disciplinary purposes. The sole reason for two (2) management employees on the car is for supervisory training. If a supervisor assists a driver during an O.J.S., that day will not be used in determining a fair day's work.
During scheduled safety training for feeder drivers the supervisor will only drive for demonstration purposes and this will not exceed one (1) hour per workday.
Section 3.
Any alleged violation of this Article shall be subject to the applicable grievance procedure. Where an employee has submitted a grievance regarding an excessive number of rides, no member of management shall ride with that employee unless and until the local level hearing is concluded, provided such hearing is held within five (5) working days. If the Union has a legitimate reason for not being available within the five (5) working days, the period will be extended up to a total of ten (10) working days.
ARTICLE 38. CHANGE OF OPERATIONS
Section 1.
(a) The Employer agrees that prior to any change in its operation that will result in a change of domicile and/or possible layoff of seniority employees, it shall notify the affected Local Union(s) in writing and then meet jointly with them to inform them of the changes and to resolve questions raised in connection with the change. This meeting shall be completed where practical at least forty-five (45) days prior to the change.
(b) Any agreed to change of operations reached by the Local Union(s) and the Employer shall be reduced to writing and filed with the Joint National Change of Operations Committee. It is understood that a regional area representative of the affected region(s) shall sit on the Joint National Change of Operations Committee.
(c) A Joint Change of Operations Committee will be established in each Regional area and will resolve issues arising out of the proposed change of operations. The Committee will resolve issues involving seniority application, health and welfare, and pension coverage and layoff questions for employees who are involved in the change. All affected parties will make reasonable efforts to convene and attend the Regional Joint Change of Operations Committee meeting prior to the scheduled implementation date to resolve these issues.
If the Regional Joint Change of Operations Committee is unable to resolve the issues, such issues shall be referred to the Joint National Change of Operations Committee for resolution. If no resolution is reached, outstanding issues shall be referred to the National Grievance Committee for resolution.
The Committee which decides the issues, as described above, shall retain jurisdiction for a period of twelve (12) months following the change of operations decision. The decision of the Committee shall be final and binding.
Unless specifically covered in individual Supplements, Riders or Addenda, the following shall apply:
(1) Whenever a center is closed and the work is transferred to or absorbed by another center, the affected employees will be entitled to follow their work and their seniority shall be dovetailed at the new center.
(2) Whenever a center or hub is partially closed and the work of package drivers and all other regular employees, part-time and full-time, excluding feeder drivers, is transferred to or absorbed by another center, the affected employees may either follow their work and have their seniority dovetailed in the new center or be allowed to exercise their seniority in their present center and displace the least senior employee in their respective classifications. If any of the employees whose work is transferred elects not to follow his/her work, then he or she shall have the same rights as the remaining employees on the seniority list from which the work was transferred to bid the work being transferred. Those employees who follow the work shall have their seniority dovetailed in the new center.
(3) In a Change of Operations affecting feeder drivers, the following language will apply: Whenever a center is partially closed and the feeder work is transferred to or absorbed by another center, all feeder drivers, in seniority order, will have the option of following the available work and have their seniority dovetailed in the new center or be allowed to exercise their seniority in their present center, and take whatever jobs become open as a result of other employees following the work or taking a layoff. If a senior feeder driver elects to take a job which has been transferred out, the displaced employee(s) will fill the vacated job(s) by seniority until the next bid.
Section 2.
As a result of the Employer moving an operation more than seventy-five (75) miles, all full-time employees in accordance with classification seniority who choose to move, will have their moving expenses paid.
The expense shall include the reasonable cost of packing and the moving of household goods or house-trailer including dismounting and mounting. The employee(s) who transfer will have one (1) year from the date of the change to move.
(a) Employee(s) who are transferred out of their original area where they are covered by a Teamster Pension Trust Fund into the jurisdiction of another pension trust fund, such employee(s) shall remain in their original pension trust fund.
The Employer agrees to pay the required pension contributions to the employee(s) original pension trust fund as set forth in the trust agreement, provided there is no conflict with any collective bargaining agreement and/or trust agreement.
ARTICLE 39. TRAILER REPAIR SHOP
Trailer repair facilities are intended to be a separate and distinct operation from the normal UPS automotive department.
It is understood by the parties that the creation of trailer repair facilities and their locations shall be at the discretion of the Company.
Section 1. Recognition
By execution of this Agreement, the Employer acknowledges and agrees that employees employed in the classifications listed below in this Article shall be considered bargaining unit employees for all intents and purposes and be covered by and included in Article 3 Recognition, Union Shop and Checkoff, and additionally, such employees shall become a part of the National Single Bargaining Unit as set forth in this Agreement, unless otherwise provided by law.
Section 2. Employee Classifications
Trailer Repair Employee
Utility Employee Full-time and Part-time
A Trailer Repair employee is a person hired to maintain, rebuild or repair equipment, in a Trailer Shop.
Section 3. Wage Rates By Classification
Trailer Repair Employee
The wage rate of a trailer repair employee will be eighty percent (80%) of the prevailing rate of the UPS automotive journeyman mechanic in the area where the trailer repair shop is located. A new trailer repair employee will start at one dollar ($1.00) per hour less than the above-mentioned rate and will receive a twenty- five cent ($.25) per hour increase when gaining seniority, an additional twenty-five cents ($.25) per hour after sixty (60) working days, and an additional twenty-five cents ($.25) per hour after ninety (90) working days and the final twenty-five cents ($.25) per hour at the end of one hundred and twenty (120) working days.
Utility Employee Full-time and Part-time
The rate of pay for utility employees will be seventy-five percent (75%) of the prevailing rate of the trailer repair employee in the area where the trailer repair shop is located. A new utility employee, full-time or part-time, will start at fifty cents ($.50) per hour less than the above-mentioned rate and will receive a twenty-five cent ($.25) per hour increase when gaining seniority and an additional twenty-five cents ($.25) per hour after six (6) months of employment.
Section 4. Health and Welfare
All trailer repair shop employees shall be covered under the health and welfare plan in effect in the Area Supplemental Agreement, Rider or Addendum.
Section 5. Pension
The Employer shall make pension contributions to the fund designated by the Local Union in the same amounts negotiated and provided for in the Supplemental Agreement, Rider or Addendum in effect in that area.
Section 6. Seniority
The provisions of Seniority in this Article do not supersede any seniority provisions in Local Supplements, Riders, Addenda or elsewhere in this Master Agreement unless mutually agreed.
a. Classification Seniority shall prevail when unscheduled work is available. Unscheduled work can include but is not limited to 6th and 7th day work as well as holiday work. The employee requesting such work must have adequate hours available to perform the work, and must be qualified to do the work.
b. In the event of a lay-off, the least senior employee in the classification shall be laid off first. Recall shall be in reverse order of seniority.
Any Trailer Repair employee who is laid off at least five (5) consecutive days shall have the right to displace any junior employee in the Trailer Shop providing he/she is qualified to perform the work of the employee he or she has displaced.
The employee shall receive the appropriate rate of pay for the job being performed.
c. Trailer shop employees will be given the opportunity to select start times by seniority on an annual basis, provided they are qualified to perform the work.
Employees shall have classification seniority within the trailer repair facility only and shall have the right to exercise the same as set forth in the Area Supplement, Rider, or Addendum. Modifications or changes to area practices concerning the application of seniority may be made by mutual agreement between the Local Union and the Employer and shall be a subject for negotiations. All changes or modifications must be approved by the National Negotiating Committee prior to implementation.
Section 7. General
All other terms and conditions of employment shall be negotiated between the Local Union and Employer and presented to the National Negotiating Committee for approval and set forth in local area trailer repair shop Riders or Addenda.
In areas where current trailer repair employees are part of a Local area or Supplemental Mechanics Agreement those employees shall remain covered by their current Agreement. In areas where the Employer elects to build or open a separate Trailer Repair Facility, unresolved issues of the newly effected employees will be referred to the National Committee for resolution.
Section 8. Movement of Equipment
It is agreed that all movement of equipment to and from the trailer repair shop may be assigned to a qualified trailer repair shop employee and shall be paid at his/her classification rate.
Section 9. Amendments
Any alterations, changes, additions or deletions to this Article must be presented to the National Negotiating Committee for approval prior to being placed into effect.
Section 10. Paint and Body Facilities
In the event paint and body facilities are created to perform repair work on feeder and package car equipment, the above Article and Sections shall apply.
Section 11. Training Program
A utility employee shall have a one-hundred-twenty (120) day training program to qualify as a trailer repair person when filling an opening. The trainee shall maintain his/her current rate of pay for the one-hundred-twenty (120) day period. Should he/she qualify, he/she will go to the starting rate of a trailer repair person. Should an employee fail to qualify as a repair person said employee will return to his or her previous position. A trainee shall remain on the vacation schedule of his/her previous position. No employee shall be subject to a pay decrease as a result of this language.
This qualification will be limited to one (l) per lifetime of this Agreement. Qualification is to be determined by the Company.
Section 12.
All language in Article 39 is based on an employee being qualified to perform the work.
ARTICLE 40. AIR OPERATION
Preamble
In order for the Employer, the Union and the employees to further benefit from the expanding air operations, the following Sections shall supersede language on the same subjects in the Supplements, Riders and Addenda, unless specifically stated otherwise in this Article.
Section 1. Air Drivers
(a) Air driver work shall consist of delivery and pickup of air packages which, because of time and customer commitments, cannot be reasonably performed by regular package drivers. Such work may include:
(1) Delivery of air packages which the regular delivery drivers cannot deliver within guaranteed time commitments.
(2) Delivery of air packages arriving at the facility after regular drivers have been dispatched.
(3) Delivery and pickup of air packages on weekends and holidays.
(4) On call air pickups.
(5) Pickup at air counters and drop boxes.
(6) Additional late air pickups.
(7) Air drivers may, on an exception basis, be used to make service on packages which are not air packages.
An exception package is intended to be when an Air Driver is making a pickup, as outlined above, after the regular driver has been at the customer's premises, and the customer has an exception ground package(s) for shipment, the air driver may make service on this package(s). Air drivers may continue to pick up Automatic Return Service packages but the features of this service will not be expanded.
Any violation of Section 1, (a), (7), shall obligate the Employer to pay the Air Driver involved the difference between his/her rate of pay and the top regular package car driver wage rate existing at that building. Grievances concerning violation or abuse of this shall be referred directly to the National Air Committee.
(8) Delivery of early AM Packages.
(9) Movement of air packages to airports and other locations such as service centers, UPS buildings and driver meet points. Shuttle work currently performed by regular full-time drivers shall be excluded. Should a regular full-time driver vacate a position which includes air shuttle work, that job shall either be rebid as it previously existed and continue to be paid at the regular driver rate or the air shuttle work may be combined with other air work to create one (1) or more full-time air or full-time combination job(s) paid in accordance with Section 6 below. In no event shall such shuttle work be assigned to a part-time air driver.
Shuttle work currently being performed by part-time air drivers shall be converted to full-time air driver work when the driver vacates the job except when there is not enough work available to create a full-time job.
(b) The work day for Air Drivers shall be as follows:
(1) Eight (8) hours scheduled work in the air driver's classification, or a combination of eight (8) hours scheduled work in the air driver's classification and other bargaining unit classifications, except air walker. These employees shall receive all appropriate full-time benefits.
(2) Less than eight (8) hours scheduled work in the air driver classification or a combination of less than eight (8) hours scheduled work in the air driver classification and other bargaining unit classifications, except air walker. The Employer will notify the Union within thirty (30) calendar days in writing when a less than eight (8) hour position is created, and the Union will have thirty (30) calendar days to grieve the implementation if they believe such position is improper. This grievance shall go directly to the National Air Committee. These less than eight (8) hour employees shall receive appropriate part-time benefits. No less than eight (8) hour combination job will be rescheduled to create two (2) part-time jobs.
(3) Combinations which require more than a two (2) hour gap between jobs will normally not be used unless mutually agreed to by the Local Union and the Employer.
(c) Air Driver Work Week
The work week for full-time air drivers currently working a Monday through Friday work week shall continue on that schedule. The work week for additional full-time air drivers shall be any five (5) consecutive days in seven (7), and for all part-time air drivers shall be any five (5) in seven (7) days.
(d) Air Driver Guarantee and Overtime
(1) Full-time air drivers shall have the same daily and weekly guarantees as provided for regular drivers in the applicable Supplement, Rider or Addendum. They shall receive overtime pay for hours worked in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week.
(2) Less than eight (8) hour air drivers who have a regular scheduled start time shall have a three (3) hour daily guarantee. They shall receive overtime pay for hours worked in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week.
(3) Any less than eight (8) hour combination air driver who works their three (3) hour guarantee shall be guaranteed four (4) hours. They shall be paid overtime for work in excess of eight (8) hours in a twenty-four (24) hour period or in excess of forty (40) hours per week.
(4) The provisions above do not apply to an air exception driver who performs extra work under Sections 1.h, j or k. below.
(5) Employees in paragraphs (2) and (3) above shall be entitled to all other provisions in their Supplement, Rider or Addendum (such as bidding to full-time jobs and layoff provisions, etc.).
(e) Start Times
All full-time and part-time air drivers, who have a scheduled assignment, shall have start times posted the previous week. Start times may be adjusted with notification prior to the employees reporting to work.
(f) Break Periods
(1) Full-time air drivers shall receive the same provisions for lunch and/or breaks as regular drivers receive in their Local Supplement, Rider or Addendum.
(2) This provision is not intended to give less than eight (8) hour air drivers or less than eight (8) hour combination air drivers more than one (1) break unless specifically stated otherwise in the Local Supplement, Rider or Addendum.
(g) Bidding Procedure
Air driver jobs shall be subject to the appropriate bidding procedures in the applicable Supplement, Rider or Addendum.
(h) Exception Air Drivers
(1) The Employer and the Union recognize that there may be air packages that cannot be delivered by the regular full-time package car driver or the scheduled air drivers listed in this Section. Therefore, the parties agree to continue the practice of allowing the use of part-time employees who have signed the exception qualified list or who have expressed in writing their desire to be on the list and who have been certified to deliver these exception air packages.
(2) Employees certified on the exception Air Driver list who have not worked over forty (40) hours in the current work week shall be offered this work by seniority.
(3) Exception air drivers shall have no guarantee and will be paid only for the time worked making air deliveries. In the event a part-time employee works over eight (8) hours in any one (1) twenty-four (24) hour period, he or she shall be compensated at the rate of time and one-half (1-1/2) for all hours worked over eight (8) hours at the rate of pay specified in Section 6 below.
(4) No exception air driver shall be required by the Employer to wait at a center for packages off the clock.
(i) Personal Vehicles
Air exception drivers will use the Employer's vehicles whenever possible. Air Exception drivers who would happen to use their personal automobiles shall be reimbursed at the IRS limit applicable per mile for all miles driven to perform the air driving work in addition to their air driver wages. When an employee uses his/her own vehicle in the service of the Employer and is involved in an accident, the Employer shall be responsible for the damages to both the employee's vehicle and to the other person's vehicle and/or property, and will provide liability insurance coverage.
(j) Holiday Work
When it is necessary to provide air service on holidays, the following procedure shall be used:
(1) The Employer shall offer this work in seniority order to full- time air drivers who have worked at least one (1) day that week before offering it to part-time air drivers.
(2) When the scheduling needs cannot be met using the above provision, the Employer shall have the right to force part-time air drivers and then full-time air drivers to work starting in reverse order of seniority. If after exhausting the above steps scheduling needs are still not met, the Employer shall offer the work in seniority order within the package driver classification. If more drivers are still needed the reverse seniority order concept will be used for package drivers. Package car drivers forced to work on a holiday will be paid at the Supplemental holiday rate for actual hours worked.
(3) The scheduling of the support work will be reviewed with the Local Union prior to the holiday. If the Local Union believes that the Employer has scheduled an excessive number of support employees, it shall have the right to appeal directly to the National Air Committee. The National Air Committee will review the schedule and determine whether the Employer has scheduled an excessive number of support employees. If it is determined by the National Air Committee that the Employer worked excessive support employees, the excessive employees worked shall be paid double time for hours worked in addition to their holiday pay.
(4) Air drivers and support employees scheduled on a holiday to ensure air services to the customer, including time performing incidental work, shall receive straight-time for all hours worked up to eight (8) hours in addition to the holiday pay. Overtime provisions shall apply if the employee works over eight (8) hours.
(k) Saturday or Sunday Air Work
(1) To perform Saturday or Sunday air work the Employer and the Union recognize the need for air drivers other than those regularly scheduled. Qualified part time employees who are interested in performing this work will so notify the Employer, be certified and be placed in seniority order on a posted qualified air driver list. Such work will be first offered in seniority order to employees on the qualified list who have not worked more than thirty-seven (37) hours in the current week. This work shall then be offered in seniority order to qualified part-time employees regardless of hours worked. If the scheduling needs still cannot be met, and additional employees are needed, the Employer may force part-time employees in reverse seniority order.
(2) These employees shall be paid at the air driver's straight- time rate of pay in accordance with Section 6 below. Time and one- half (1-1/2) will be paid after eight (8) hours per day or after forty (40) hours per week.
(3) All employees working as an air driver on Saturday or Sunday under this Section shall have a three (3) hour guarantee.
Section 2. Air Walkers
(a) Air Walkers may deliver and/or pickup air packages and shall not drive any vehicle which requires a driver's license in the performance of their duties.
(b) Air Walkers will not be used to pickup or deliver ground packages.
(c) Air Walkers shall start and end the day in the area they work.
(d) Air Walkers shall be guaranteed three (3) hours per day and shall be given a ten (10) minute paid break.
(e) Air Walkers shall be paid in accordance with Section 6 below.
(f) Air Walkers shall receive all part-time benefits and conditions of employment as outlined in the appropriate Supplement, Rider or Addendum including the right to bid into full-time jobs. An air walker position shall be open for bid to current employees prior to filling that position from the outside.
(g) The intent of this Section is not to eliminate present full-time air jobs and/or combination jobs.
Section 3. Air Hub and Gateway Operations
Employees presently working in or hired into existing air hubs and/or gateways shall continue to work under the present agreements covering the air hub and gateway operations. If no agreement exists, Article 40, Section 3 shall apply. However, if Section 3 is silent, the appropriate Supplement, Rider or Addendum will apply.
(a) Workweek
(1.) The workweek for air hub and gateway employees shall consist of any five (5) days in a seven (7) day period.
(2) Air hub and gateway employees hired prior to August 1, 1987 shall have the right to maintain the work week in existence at that time, if such workweek exists.
(b) Daily Guarantees
The three (3) hour daily guarantees shall apply whenever possible. The implementation of a daily guarantee will be reviewed on a regular basis by the National Air Committee to determine if local conditions exist that would permit the Employer to provide for or adjust a daily guarantee.
(c) Holidays
(1) When it is necessary to operate an air hub and gateway operation on a holiday, those employees worked will be paid overtime in addition to holiday pay if it is not a scheduled work day for those employees.
(2) For those employees not qualified for overtime, as stated above, the holiday will be a normal work day.
(3) The holiday shall be defined as the day the holiday is nationally observed.
(4) Start times on these days may differ from normal work day start times.
(d) Rest Periods - Air operation employees who are covered by a daily guarantee shall receive the same rest period provisions as outlined in the appropriate Supplement, Rider or Addendum.
(e) Newly Expanded Hubs and Gateways
If an air operation is expanded or altered and is no longer able to effectively operate, the Employer and the Union shall meet to work out any needed modifications, which would be subject to approval of the National Air Committee.
(f) Seniority
(1) Air hub and gateway employees shall work off one (1) seniority list within each operation, unless otherwise mutually agreed. Part- time employees covered under this Section shall be given the same opportunities for full-time positions as described in the appropriate Supplement, Rider or Addendum. Where those Agreements are silent or are not clear, the Employer and the Local Union shall meet and agree upon a method of affording the opportunity for full- time employment.
(2) In air hub and gateways that currently have no procedure to recognize part-time seniority, part-time employees with one (1) or more years of seniority will be allowed in seniority order to fill permanent vacancies on a different shift and/or fill permanent vacancies between the airport sort facility and the ramp in all months except November and December. The employee will be allowed to exercise this procedure once a year.
(g) Start Times
Start times may be adjusted with notification, prior to the employees reporting for work, to coincide with the arrival and departure of parcels.
(h) Rain Gear
The Employer shall provide all outside ramp employees rain gear, to include, pants and tops. De-ice crews shall be provided with insulated coveralls, insulated gloves, boots and rain gear that is large enough to fit over the insulated coveralls.
Section 4. Start Times for Air Shuttle and Air Feed Drivers
Because of the nature of the air business, regular air shuttle and air feed drivers may have flexible start times on Monday, Friday, Saturday, Sunday and/or holidays to coincide with the needs of the Employer's air operations.
Section 5. Grievance Procedure
(a) A Joint National Air Committee shall be appointed for the purpose of continually reviewing the progress of the air expansion and the unforeseen problems that may arise. This Committee shall have the authority to amend, alter, add to and delete provisions of this Article as it deems necessary to further the best interests of the employees and the Employer's air operation.
(b) All grievances, controversies and/or disputes concerning the Air Operation shall be subject to the regular grievance procedure. Any decision rendered by a local, state or area panel which interprets Article 40 shall not be precedent setting in any other case.
(c) Any dispute concerning the interpretation or applicability of this Article, including cases which have deadlocked at the lower level, shall be submitted to the Joint National Air Committee for resolution. Such resolution will include the right to submit the matter to arbitration in accordance with Article 8 procedures. Decisions made in accordance with this section shall be final and binding on all parties.
Section 6. Wages
All hourly wages for employees covered under Article 40 will be determined only in accordance with this Section.
a. Part-time air drivers, including exception air drivers, will be paid as follows:
Start .00
Seniority .50
Seniority plus twelve (12) months .00
Seniority plus eighteen (18) months .50
Seniority plus twenty-four (24) months Top Rate
1. The twenty-four (24) month (top) rate will change August 1st of each year of the Agreement as follows:
August 1, 1997 .00
August 1, 1998 .60
August 1, 1999 .20
August 1, 2000 .80
August 1, 2001 .50
2. All part-time air drivers in progression on August 1, 1997 will be slotted into the new progression in paragraph a. above. Seniority part-time employees entering a part-time air driver job after August 1, 1997 will begin at the seniority rate.
b. Full-time air drivers will be paid as follows:
Start .00
Seniority .50
Seniority plus twelve (12) months .00
Seniority plus eighteen (18) months .50
Seniority plus twenty-four (24) months Top Rate
1. The 24 month (top) rate will change August 1st of each year of the Agreement as follows:
August 1, 1997 .00
August 1, 1998 .60
August 1, 1999 .20
August 1, 2000 .80
August 1, 2001 .50
2. All full-time air drivers in progression on August 1, 1997 will be slotted into the full-time progression in paragraph b. above. Seniority full-time employees entering a full-time air driver job will be slotted based on their company seniority.
c. All new hire full-time or part-time air drivers will be placed in the applicable progression in paragraphs a. or b. above.
d. All current full-time or part-time air drivers who are out of progression shall receive the general wage increases provided for in Article 41 on each contract anniversary date, or the top rate provided in paragraphs a. or b. above, whichever is greater.
e. Employees in existing or newly created less-than-eight hour combination jobs shall be paid the appropriate part-time air rate for air driver work and their normal part-time wages for the hours worked in other classifications in accordance with Article 22.
f. Employees who are in existing full-time combination jobs or who hereafter enter a full-time combination job shall be paid the appropriate full-time air rate for air driver work and the appropriate inside part-time rate for the hours worked in other classifications. If an employee has no established inside rate, that employee will be paid the appropriate part-time rate in accordance with his/her Company seniority.
g. Employees on the exception air driver list shall be slotted into the part-time air driver progression in paragraph a. above based upon the length of time the employee has been performing air exception work. Seniority employees who begin performing air exception work will start at the seniority rate. New part-time employees signing up to perform air exception work will receive the start rate in paragraph a. above until they gain seniority.
h. Air hub and gateway employees and Air Walkers shall be paid at the "all other" rate of pay as shown in Article 22. However, if a part-time employee is awarded an air walker job he/she shall continue to receive his/her inside rate in accordance with Article 22.
i. Air operation employees who are covered by a daily guarantee shall receive the same rest period provisions as outlined in the appropriate Supplement, Rider or Addendum.
ARTICLE 41. WAGES
Section 1. Full-Time Wage Increases
All full-time employees who have attained seniority as of August 1, 1997 will receive the following general wage increases:
August 1, 1997 sixty cents per hour (/home/free/cgi-bin/util/sitebuilder.60)
August 1, 1998 sixty cents per hour (/home/free/cgi-bin/util/sitebuilder.60)
August 1, 1999 sixty cents per hour (/home/free/cgi-bin/util/sitebuilder.60)
August 1, 2000 sixty cents per hour (/home/free/cgi-bin/util/sitebuilder.60)
August 1, 2001 seventy cents per hour (/home/free/cgi-bin/util/sitebuilder.70)
Full-time employees still in progression on the effective date of this Master Agreement shall receive the above contractual increases and will be paid no less than what they are entitled to in accordance with Article 41, Section 2 below.
Section 2. Full-Time New Hire Wage Progression
All Supplements, Riders or Addenda will contain the following wage progression schedule to cover all full-time employees, except apprentices, who have not yet attained seniority as of August 1, 1997:
The rate in effect on July 31, 1997 will be used to calculate the progression rates for the life of this Agreement.
Rate in Effect on July 31, 1997
Start 70%
Seniority 75%
Seniority date plus one (1) year 80%
Seniority date plus eighteen (18) months 90%
Seniority date plus two (2) years Top Rate
Part-time employees on the payroll as of July 31, 1997 who subsequently are promoted to full-time employment, will be paid their current wage rate until such time as the calculated progression rate exceeds that rate. The transfer date will become his/her full-time start date for purposes of applying the above progression.
When a part-time employee bids to a full-time classification where the top rate of the full-time classification is less than his/her current rate, the employee shall be placed at the top rate of the new classification immediately.
Section 3. Full-Time Inside Wages
The pay rates for full-time inside only jobs created under Article 22, Section 3 on or after August 1, 1997 shall be as follows:
August 1, 1997 .00
August 1, 1998 .60
August 1, 1999 .20
August 1, 2000 .80
August 1, 2001 .50
These rates shall not apply to any full-time inside jobs guaranteed by Article 22, Section 2 created prior to August 1, 1997.
Part-time employees whose rates are higher than those set forth above who bid into a full-time inside job created after July 31, 1997 shall be paid their current inside wage rate plus the general wage increases.
Other employees who bid into a full-time inside job created after July 31, 1997 will be paid their current wage rate until such time as the calculated progression rate set forth below exceeds that rate. The transfer date will become his/her full-time start date for purposes of applying the progression set forth below:
Start .00
Seniority .50
Seniority plus one (1) year .00
Seniority plus eighteen (18) months .50
Seniority plus twenty-four (24) months Top Rate
The twenty-four (24) month (top) rate will change August 1st of each year of the Agreement as follows:
August 1, 1997 .00
August 1, 1998 .60
August 1, 1999 .20
August 1, 2000 .80
August 1, 2001 .50
ARTICLE 42. UNIFORMS
Effective May 1, 1994, short uniform trousers will be provided as an option for package and feeder drivers at no cost to the employee. Such shorts may only be worn in compliance with uniform and appearance standards established by the Employer.
ARTICLE 43. PREMIUM SERVICES
Section 1. Job Protection
From time to time, the Employer must offer special new premium services to its customers in order to protect existing jobs and further the mutual goal of increasing the number of bargaining unit jobs. The Employer shall utilize bargaining unit employees to perform the feeder movement work of such new premium services, which work shall be considered to be bargaining unit work. The provisions of this Article shall also apply to all packages moved by airplane and to the Employer's "city pairs" service, where it is necessary for the Employer to implement the service to meet its competition. No feeder driver will be laid off or displaced from a feeder classification as a direct result of any provision in this Article.
In implementing such new premium services, the Employer shall utilize the following options to complete the ground movement of the customers' packages in the following order:
(1) If the Employer's existing feeder network can meet the Employer's time and service needs, that network will be used first.
(2) When the existing feeder network will not adequately meet the Employer's time and service needs, the Employer agrees to establish a new driver classification, which shall be called a premium service driver. This driver will be typically used to move loads to and from ground and air hubs that are more than two hundred fifty (250) miles apart. Wherever practical, the driver will start at approximately the same start time each day and make two (2) round trips per week to a scheduled sort location. Such work must provide the driver a minimum four (4) day work week.
Benefits provided will be those of regular full-time feeder drivers. The driver will be provided the opportunity to work ten (10) hours per day four (4) days per week. Drivers will also be provided with lodging and shuttle service at the away destination. When jobs are created that have less than ten (10) hours of work, the premium service driver will be paid at the feeder rate of pay and be allowed to work locally in either origin or destination city to fill out his/her workday. In regards to the premium service drivers, since some hubs work on Friday and some on Sunday, the Employer may move the fifth (5th) day loads via a TOFC pursuant to Article 26.
(3) If the Employer cannot accommodate its time and service needs under (1) and (2) above, the Employer shall have the right to propose the use of bargaining unit sleeper teams to the Local Unions and the Joint Premium Service Review Committee as set forth in Section 4 below. The wages and other economic terms of employment for such sleeper teams shall be as set forth below.
Section 2. Sleeper Team Operations
Existing subcontracted runs which will be replaced with UPS sleeper teams shall be discontinued after a reasonable transition period, and in no event later than February 1, 1998. In addition, the Employer may use subcontractors for new custom contracts for reasonable start-up periods. In no event shall such start-up period exceed thirty (30) days.
(1) - Bidding and Mileage
(a) Sleeper cab runs approved pursuant to the provisions of Article 43 will be posted and employees may bid for such runs in accordance with the bidding procedures set forth in the applicable Supplement, Rider or Addendum. No seniority employee shall be forced to drive in a sleeper cab run. A senior driver who successfully bids a sleeper cab run shall be permitted to select his/her respective sleeper cab team partner without regard to seniority, provided that the driver selected as a partner has, prior to such bid, acknowledged his agreement, in writing, to accept such permanent sleeper cab run driving assignment and provided further that the selected partner possesses the required qualifications.
(b) There shall be no two (2) person operations on runs of less than five hundred fifty (550) outbound miles and one thousand one hundred (1,100) miles round trip. All bids and cover drivers will receive reasonable time off at their home center. Every team driver shall be guaranteed at least forty (40) hours of pay per week.
(2) - Driver Team
Once driver teams are established it is understood that they are not to be separated unless mutually agreed to by the Employer, the Local Union, and the driver team involved, except in case of emergency or reduction in force. Only two (2) drivers shall be permitted in sleeper cab equipment at any one (1) time except in case of emergency, an Act of God, or where a new type of equipment is put into operation.
(3) - Furnished Transportation and Lodging
Comfortable, sanitary lodging shall be furnished by the Employer in all cases where an employee is required to take a rest period away from his home center. Air-conditioned hotel rooms shall be furnished. Hotel rooms shall be equipped with blinds or draperies or be suitably darkened during daylight hours. There shall be no bunk beds or double beds and both drivers shall be entitled to a room. All team driver lodging must be maintained on the basis of one (1) driver per room.
Under unusual circumstances in which the Employer is unable to furnish satisfactory lodging, the employee shall be paid fifty dollars (.00) for each rest period; except where accommodation is unavailable at such figure and it is necessary for the driver to pay in excess of fifty dollars (.00), he shall receive reimbursement of the actual cost of the room.
The Employer shall furnish transportation to and from the nearest public transportation, when there is unreasonable delay, at an away-from-home center, provided there is no public transportation available in the near vicinity and provided further that this provision shall not apply where the driver is allowed to use company equipment for transportation.
All time waiting for motel/hotel furnished transportation and/or waiting for a sleeping room to be made available will be paid at the hourly rate of pay.
(4) - Safety and Health Committee
The parties will maintain a safe and healthy working environment in sleeper operations. The parties agree to establish a committee composed of four (4) members each to review the comfort and/or safety aspects of sleeper berths pertaining to ride. Such committee shall meet by mutual agreement of the Co-chairmen as to time and place. The committee shall confer with appropriate representatives of equipment manufacturers and/or other experts on this subject as may be available. The intent of the committee is to identify any problems with the comfort and/or safety aspects of sleeper berths pertaining to ride that may exist, and through its deliberations with the manufacturers and/or other experts, develop ways and means to correct such situations. Any disputes will be referred to the Joint Premium Service Review Committee.
(5) - Sleeper Equipment
Newly purchased equipment will meet the following specifications:
(a) Minimum interior dimensions of the sleeper berths shall be:
1. Length - 80 inches;
2. Width - 36 inches; and,
3. Height - 24 inches.
It is understood that a "manufacturing tolerance of error" of one inch (1") is permissible, provided the original specifications were in conformity with the above recommended dimensions.
(b) Sleeper berths shall be equipped with individual heat and air- conditioning controls and units.
(c) Bunk restraint strap/net buckles on sleeper equipment shall be mounted on the entrance side of the sleeper berth.
(d) Sleeper equipment shall be equipped with a power window on the passenger's side of the cab that is operable from the driver's side of the cab.
(6) - Subsistence Allowance
Each employee shall be allowed road expense in the amount of twenty-five dollars (.00) for each one thousand (1000) miles traveled.
(7) - Delay Time
It is the intent of the parties to make the driver whole for all justified delay time, such as waiting for late loads, unscheduled on property work, accident delay or on road equipment breakdown. Any disputes will be referred to the Joint Premium Service Review Committee.
(8) - Solo Driving
There shall be no solo driving permitted in sleeper cab operations, except in cases of emergency. In case of emergency where one (1) driver is used to complete a sleeper cab trip, the driver so used shall receive the full mileage rate of pay per unit mile traveled in addition to all other compensation provided for herein. In cases of emergency solo driving of such length that a rest period is necessary, the driver, in addition, shall be provided the cost of lodging for such rest period.
(9) - Layover Pay
In the event a driver is required to take a rest period during any one (1) round trip away from his home center, the driver shall be compensated at his regular hourly rate of pay for all hours after the first eight (8) hours of the layover.
(10) - Mileage Determination
Sleeper drivers shall be paid for the actual miles that they drive, on a point-to-point basis, over the routes driven.
The basic method of measurement for mileage under this provision will be jointly logging miles with a K-1000 electronic measuring device or calibrated hubometer.
(11) - All new hires will be paid in accordance with the progression set forth in Article 41, Section 2 as applied to the mileage rates set forth below.
Section 3. Mileage Rates
Premium Service drivers will be paid the cents per mile shown below for all miles driven. Sleeper teams will receive a two cents (.02) per mile premium on the appropriate mileage rate and will equally divide the appropriate rate.
Single Double Triple
August 1, 1997 47.15 cents 48.18 cents 49.21 cents
August 1, 1998 48.52 cents 49.58 cents 50.64 cents
August 1, 1999 49.88 cents 50.97 cents 52.05 cents
August 1, 2000 51.23 cents 52.35 cents 53.46 cents
August 1, 2001 52.81 cents 53.97 cents 55.12 cents
Section 4. Joint Premium Service Review Committee
The Employer and the Union agree to establish a Joint Premium Service Review Committee consisting of four (4) Union representatives and four (4) Employer representatives. This Committee shall meet at least quarterly or upon the call of either the Union Chair (who shall be appointed by the Union General President) or the Employer Chair.
In the event the Employer proposes to implement either a mileage layover run or sleeper team run in accordance with the provisions of Section 1 above, the run must first be reviewed and approved by the affected Local Union(s). Such approval shall not be unreasonably denied. After approval by the Local Union(s), the accommodation shall be submitted to the Joint Premium Service Review Committee for review. The Employer may also submit the accommodation to the Committee for review in the event approval is denied by the Local Union(s). No such accommodation shall be implemented without the approval of the Parcel & Small Package Division Director or the General President's designee. Approval shall not be unreasonably denied.
The Committee shall also review the Employer's compliance with the provisions of this Article and shall report and recommend improvements or alterations in the implementation and operation of premium service and sleeper team drivers.
ARTICLE 44. OVER 70 POUND SERVICE PACKAGE HANDLING
The parties agree that the health and safety of the employees are of the utmost importance. The Employer agrees that UPS management will not insist that any unsafe action be undertaken and the Union agrees to encourage its members to cooperate in effectuating the handling, pick-up and delivery of parcels without exposing themselves to safety hazards.
Section 1. On Area Package Handling
No employee shall be required to handle any over 70 pound packages alone if it is the employee's good faith belief that such handling would be a safety hazard to herself or himself. In such cases, the Employer shall provide whichever of the following is requested in good faith by the employee in handling over 70 pound packages:
1. Another bargaining unit employee for assistance, or
2. Appropriate lifting/handling devices, or
3. Another bargaining unit employee and an appropriate lifting/handling device for handling, pick-up or delivery circumstances that require both bargaining unit help and an appropriate lifting/handling device.
In all such instances involving package car drivers, where assistance from another bargaining unit employee has been requested in good faith, both employees will be full-time employees of the bargaining unit except that air drivers or helpers, where permitted by the applicable Supplement, may be used to assist the full-time driver in the delivery and/or pickup of such overweight packages. On Saturdays, air drivers may be assisted by another air driver in the delivery and/or pickup of overweight packages. A helper may be used to assist a driver in the handling of overweight packages when a helper is already on the package car in accordance with the terms of the Supplement, Rider or Addendum.
No employee will be required to solicit or accept customer assistance if it is the employee's good faith belief that the customer is not qualified to help or that such assistance would be a safety hazard to themselves or the customer.
All new and existing employees who handle packages shall be provided with periodic training in the recognition and proper handling of over 70 pound packages.
Section 2. Package Identification
The Employer agrees that it will periodically instruct its customers to place at least one (1) over 70 pound label on all such packages shipped, enter the weight of the package on the label and notify the pick-up driver of the over 70 pound packages to be picked up. The driver shall complete and affix as many additional over 70 pound labels and/or identifying tape as is reasonably necessary to provide proper visual identification of the package for safe movement through the system. The label and tape shall be of bright contrasting colors.
Section 3. Inside Package Handling Procedures
For the purpose of inside handling, all over 70 pound packages shall be considered to be irregular shipments and will not be co- mingled with under 70 pound regular packages. No over 70 pound packages will be placed onto the belt, box line or slide systems used for under 70 pound package operations, except as provided in the Employer's standard irregular handling practices and in accordance with safe packages handling procedures.
Where over 70 pound packages are moved by belt, box line or slide system, such packages will be handled by two (2) bargaining unit employees and/or the use of appropriate lifting/handling devices when requested in good faith by the employee.
No over 70 pound package shall be loaded below the flaps of a drop frame trailer or stacked taller than waist high.
Packages over 150 pounds shall not be picked up. However, if such a package is discovered in the UPS system, the package shall not be handled by a bargaining unit employee unless such package can be reasonably broken down into packages which do not exceed 70 pounds.
Section 4. The parties recognize that it may be necessary to consider new methods and new equipment to handle over 70 pound packages. If either the Union or the Employer believes it is necessary to implement changes in the over 70 pound handling procedures or equipment, including any change in labeling, or if the Employer believes it is necessary to increase the current weight limit or the current limits on package dimensions, it may request a review of such changes. The Employer shall negotiate and reach agreement with the Union before any change is implemented. Neither party shall unreasonably withhold agreement.
If the parties are unable to reach an agreement, a grievance claiming that agreement was unreasonably withheld may be filed by either party directly with the National Safety and Health Grievance Committee in accordance with the provisions of Article 18, Section 20.2.
ARTICLE 45. DURATION
Section 1.
This Agreement shall be in full force and effect from August 1, 1997 to and including July 31, 2002 and shall continue from year to year thereafter unless written notice of desire to cancel or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to the date of expiration.
Section 2. Where no such cancellation or termination notice is served and the parties desire to continue said Agreement but also desire to negotiate changes or revisions in this Agreement, either party may serve upon the other a notice at least sixty (60) days prior to July 31, 2002 or July 31st of any subsequent contract year, advising that such party desires to revise or change terms or conditions of such Agreement.
Section 3. Revisions agreed upon or ordered shall be effective as of August 1, 1997, or August 1st of any subsequent contract year, unless otherwise specifically provided. The Employer or the National Negotiating Committee shall be permitted all legal or economic recourse to support their requests for revisions if the parties fail to agree therein.
Section 4.
In the event of an inadvertent failure by either part to give notice set forth in Sections 1 and 2 of the Article, such party may give such notice at any time prior to the termination or automatic renewal date of this Agreement. If a notice is given in accordance with the provisions of this Section, the expiration date of this Agreement shall be the sixty-first (61st) day following such notice.
IN WITNESS WHEREOF the parties hereto have set their hands and seals this___________________ day of______________ , 1997, to be effective as of August 1, 1997, except as to those areas where it has been otherwise agreed between the parties:
IN WITNESS HEREOF the undersigned do duly execute the NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT and Supplemental Agreements, Riders and/or Addenda.
NEGOTIATING COMMITTEE
For the Employees:
TEAMSTERS NATIONAL UNITED PARCEL SERVICE
NEGOTIATING COMMITTEE
Ron Carey, Chair
Ken Hall, Co-Chair
Anthony Magrene, Sgt-At-Arms
For the Employer:
UNITED PARCEL SERVICE
David Murray, Chairman
.
New England Supplement
Teamsters
New England
UNITED PARCEL SERVICE
Supplemental Agreement
to the
NATIONAL MASTER
UNITED PARCEL SERVICE
AGREEMENT
For The Period
August 1, 1997
Thru July 31, 2002
NEW ENGLAND SUPPLEMENT
This SUPPLEMENT TO THE NATIONAL MASTER UNITED PARCEL SERVICE, INC. AGREEMENT shall apply to all UNITED PARCEL SERVICE, INC. EMPLOYEES working in the classifications set forth in the WAGE SCHEDULE AND WITHIN THE JURISDICTION OF LOCAL 25, 42, 59, 170, 191, 251, 340, 404, 443, 597, 633, 653, 671 AND 677. Except as provided herein, the provisions of the NATIONAL MASTER UNITED PARCEL SERVICE, INC. AGREEMENT shall prevail.
ARTICLE 45a. – EMPLOYEES COVERED
Excluded from this Agreement are all audit clerks, receiving counter clerks, switchboard operators, all other clerks not specifically included in the Wage Schedule, watchmen, guards and supervisors.
ARTICLE 46 – LEAVE OF ABSENCE
Section 1 – Time Off for Union Activities
The Employer agrees to grant the necessary time off without loss of seniority to any employee without is appointed or elected to a full-time paid Union representative position.
The Employer further agrees to grant the necessary time off without discrimination or the loss of seniority rights and without pay to any employee designated by the Union to attend a labor convention or serve in any capacity on other official business, provided forty-eight (48) hours’ written notice is given to Employer by the Union, specifying length of time off. The Union agrees that, in making its request for time off for Union activities, due consideration shall be given to the number of employees affected in order that there shall be no disruption of the Employer’s operation due to lack of available employees.
SECTION 2 – LEAVE OF ABSENCE
Any employee desiring leave of absence from his employment shall
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secure written permission from both the Union and Employer. The maximum leave of absence shall be for ninety (90) days and may be extended for like periods. Permission for same must be secured from both the Union and Employer. During the period of absence, the employee shall not engage in gainful employment, except as provided in Section 3 below. Failure to comply with this provision shall result in the complete loss of seniority rights for the employees involved. Inability to work because of proven sickness or injury shall not result in the loss of seniority rights.
It is understood that maternity leave for female employees shall be granted with no loss of seniority for such period of time as her doctor shall determine that she is physically unable to return to her normal duties.
The employee must make suitable arrangements in writing for continuation of health and welfare and pension payments where applicable before the leave may be approved by either the Local Union or the Employer.
Section 3
A driver whose driving permit has been revoked is obligated to notify the Company before the driver’s next report to work.
When a driver’s permit has been revoked for reasons other than those for which he can be discharged by the Employer, leave shall be granted for such time as his permit has been revoked, but not to exceed two (2) years. An employee whose driver’s permit hs been revoked, but for not more than two (2) Years, shall be offered non-driving jobs where such jobs are available at the prevailing rate of pay for the classification f work he performs. Said employee will not be permitted to replace another full-time employee, regardless of seniority, but he may displace the most junior part-time employee in his location or be offered available work before it is assigned to new employees. In the event an employee shall suffer a suspension of revocation of his chauffeur’s license because of a succession of local, state or federal violations, caused by the employee complying with his Employer’s instructions to him, the Employer shall provide employment for such employee at not less than his regular earning at
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the time of such suspension for the entire period thereof subject, however to the seniority and layoff provisions applicable to him the time of such suspension. Successions referred to above shall not include any points or citations accrued toward suspension or revocation which are accumulated when the employee is not following Employer’s instructions.
ARTICLE 47 – MAINTENANCE OF STANDARDS
Section 1 – Protection of Conditions
The Employer agrees that all conditions of employment related to wages, hours of work, overtime differential, and general working conditions, as negotiated or agreed upon, shall be maintained at not less than the highest standards in effect at the time of the signing of this Agreement and the conditions of employment shall be improved wherever specific provisions for improvements are made elsewhere in this Agreement.
It is agreed that the provisions of this Section shall not apply to inadvertent or bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement.
Section 2 – Extra Contract Agreements
The Employer agrees not to enter into any agreement or contract with his employees, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement. Any such agreement shall be null and void.
Section 3 – Workweek Reduction
In is understood and agreed that should it subsequently be determined that employees of the Employer come under the provisions of the Fair Labor Standards Act or any similar legislation enacted in the State, then as to such employees any provisions of this Agreement which do not comply with the requirements of said Act are to be changed so that there is no violation of the statutes provided, however, that such changes shall not result in substantial penalties to the employees or the Employer.
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In the event the parties agree on a solution to any problem arising from this Section, either party shall be allowed lawful economic recourse.
Section 4 – New Equipment
Where new types of equipment and/or operations for which rates of pay are not established by the Agreement are put into use after the date of execution of this Agreement, rates governing such operations shall be subject to negotiations between the parties. Rates agreed upon or awarded shall be effective as of the data equipment is put into use.
ARTICLE 48 – GRIEVANCE PROCEDURE
Section 1 – No Strikes – No Lockouts
The Union and the Employer agree that there shall be no strike, picketing, lockout, tie-up or legal proceedings without first using all possible means of settlement, as provided for in this Agreement or any Supplement hereto, of any controversy which might arise under this Agreement. The parties further agree that the words “legal proceedings†as used in this paragraph shall not be construed to prohibit the Union or the Employer from going to court of proper jurisdiction for an injunction against the other for breach of the no-strike, no lockout, no tie-up, no picketing promises made herein.
Section 2 – Grievances
A grievance is hereby jointly defined to be any controversy, complaint, misunderstanding or dispute arising as to interpretation, application or observance of any of the provisions of this Agreement or Supplements hereto.
Grievance procedures may be invoked only by authorized Union representatives.
In the event of a grievance, it shall be handled in the following manner:
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(a) The employee shall report it to his shop steward in writing within five (5) working days. The steward shall attempt to adjust the matter with the supervisor within two (2) working days.
(b) Failing to agree, the shop steward shall promptly report the matter to the Union which shall submit it in writing and attempt to adjust the same with the Employer within five (5) working days.
(c) If the parties fail to reach a decision or agree upon a settlement in the matter, it shall be submitted in writing within ten (10) working days, unless otherwise mutually agreed, to the New England Area Parcel Grievance Committee.
(d) When a grievance or dispute is submitted to the New England Area Parcel Grievance Committee as provided for in Article 7 of the National Master United Parcel Service, Inc. Agreement, or the grievance or dispute cannot be satisfactorily settled by a majority decision of the panel of the New England Area Parcel Grievance Committee, then the matter may be resubmitted by either party or both to an arbitrator selected under the rules and procedure of the New England Area Parcel Grievance Committee.
(e) In the event that the parties are unable to agree on which arbitrator should hear and dispose of the matter within three (3) days from the determination that the same could not be disposed of by the majority decision of the panel, then representatives of the parties shall meet within two (2) working days to select an arbitrator by the process as outlined in the Rules and Procedure of the New England Area Parcel Grievance Committee.
(f) On discharge cases only, which are referred to the New England Area Parcel Grievance Committee, an impartial arbitrator will sti as a seventh (7th) panel member of the New England Area Parcel Grievance Committee, and shall render a decision in accordance with the Rules and Procedure of the N.E.A.P.G.C. The procedure of using an impartial arbitrator as a seventh (7th) member of the panel shall be reviewed yearly thereafter.
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Section 3 – Approval by Parcel and Small Package Division
Before any strike o stoppage of work takes place over a grievance or interpretation arising out of this Agreement of Supplements hereto that cannot be settled in accordance with the grievance machinery as set out in this Agreement, there must be approval by the Director, Parcel and Small Package Division or his duly authorized representative, with notice of such approval to be given to the Employer, in writing, prior to such strike or stoppage of work. The granting of such approval by the Parcel and Small Package Division shall not impose any liability on said Division.
Section 4 – Illegal Strikes
While the Union shall undertake every reasonable means to induce such employees to return to their jobs during any such period of unauthorized stoppage of work mentioned above, it is specifically understood and agreed that the Employer during the first twenty-four (24) hour period of such unauthorized work stoppage shall have the sole and complete right of reasonable discipline short of discharge, and such Union members shall not be entitled to or have any recourse to any other provisions of this Agreement. After the first twenty-four (24) hour period of such stoppage and if such stoppage continues, however, the Employer shall have the sole and complete right to immediately discharge any Union member participating in any unauthorized strike, slowdown, picketing, walkout or any other cessation of work and such Union members shall not be entitled to or have any recourse to any other provisions in this Agreement. It is further agreed and understood that the Union shall not be liable for any strike, breach of default in violation of this Agreement unless the act is expressly authorized by its Executive Board. A properly designated officer of the Union shall, within twenty-four (24) hours after request is made to the Executive Secretary of the Union, declare and advise the party making such request, by telegram, whether the Union has authorized any strike or stoppage of work. The Union shall make immediate effort to terminate any strike or stoppage of work which is not authorized by it without assuming liability therefore.
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It is understood and agreed that failure of the Parcel and Small Package Division to authorize a strike by a Local Union shall not relieve such Local Union of liability for a strike authorized by it and which is in violation of this Agreement.
Section 5 – Examination of Records
The local Union Business Agent shall have the right to examine time sheets and any other records pertaining to the computation of compensation or fringe benefits of any employee whose pay is in dispute or records pertaining to a specific grievance. When notified by proper notice the information requested by the Local Union Business Agent shall be supplied.
Section 6 – Health, Welfare and Pension Contributions
A. Notwithstanding anything herein contained, it is agreed that in the event the Company is delinquent at the end of a period in the payment of its contribution to the Health and Welfare or Pension Fund or Funds created under this Agreement or Supplements hereto, in accordance with the Rules and Regulations of the Trustees of such Funds, the employees or their representatives, after the proper official of the Local Unions shall have given seventy-two (72) hours notice to the Company of such delinquency in Health and Welfare or Pension payments, shall have the right to take such action as they deem necessary until such delinquent payments are made and it is further agreed that in the event such action is taken, the Company shall be responsible to the employees for losses resulting therefrom.
B. It is mutually agreed that all monies due and owing under the Health and Welfare and Pension provisions of this Agreement or Supplements hereto shall be considered as wages and collectible as such.
ARTICLE 49 – UNIFORMS AND PERSONAL
APPEARANCE
The Employer agrees that if any employee is required to wear any kind of uniform as a condition of his continued employment, such
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uniform shall be furnished and maintained by the Employer, free of charge, at the standard required by the Employer.
The Employer will provide shirts with a maximum of ten (1) shirts allowable each year (5 winter – 5 summer) on the basis of one (1) new shirt for each worn shirt turned in. These shirts will be maintained by the employee.
The uniform and UPS shirts will be worn at all times while on duty and at the standard determined by the Employer. Employees shall not wear any article of clothing determined to be incompatible with the uniform standards established by the Employer.
It is agreed that employees must strictly comply with Employer’s regulations concerning personal grooming and appearance and the wearing of uniform and accessories.
The Employer shall provide lockers and the basic uniform shall be kept in the locker. Employees who are required to wear uniforms may continue the practice of wearing their uniforms to and from work.
ARTICLE 50 – PAYROLL PERIOD
All regular employees covered by this Agreement shall be paid in full each week. Not more than one (1) week’s pay shall be held on an employee. Each employee shall be provided with a statement of total hours and gross earnings year to date and an itemized statement of all deductions made for any purpose. Payroll checks shall be in sealed envelopes.
The payroll period shall run from Sunday to Saturday inclusive with payday not later than Friday noon of the next week. When the regular payday occurs on a holiday, or the day celebrated as such, the Employer shall, where practical, pay the employees on the regular workday immediately preceding the holiday, but in no event later than Friday.
ARTICLE 51 – COURT APPEARANCE
When an employee is required to appear in any court, for the purpose of testifying not as a plaintiff or claimant, because of any
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accident he may have been involved in during working hours, such employee shall be reimbursed in full by the Employer for all earning opportunity lost because of such appearance. The Employer shall furnish the employee who is involved in an accident during working hours with bail, bond and legal counsel and shall pay in full for same. Said bail, bond and legal counsel shall remain assigned to the employee until all legal action in connection with said accident is concluded, provided the employee is not charged and convicted of criminal negligence.
Any employee forced to spend time in jail or in courts in connection with a faithful discharge of his duties shall be compensated at his regular rate of pay. In addition, he shall be entitled to reimbursement for his meals, transportation, court costs, etc.
ARTICLE 52 – TIME RECORD
A daily time record shall be maintained by the Employer for all of his employees. Each employee shall “punch in†his own time card or badge at the start of the day, and “punch out†his own time card or badge at the completion of the day’s work at the Employer’s place of business.
ARTICLE 53 – BREAKDOWNS – IMPASSABLE
HIGHWAYS EMERGENCIES
Section 1 – Breakdowns & Impassable Highways
In any instance of breakdown or impassable highway which prevents an employee from proceeding to his destination (or if instructed, from returning to his center), the employee shall be paid for all time up to the time at which he arrives at a place of lodging, with overtime payments, if appropriate. Once he has arrived at a place of lodging, the employee shall be considered to relieved from duty and he shall remain off duty until his regular starting time the next day or until called to duty, whichever occurs sooner.
If more than one (1) day elapses before the employee is called to
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duty, he shall be paid not less than his daily minimum guarantee each twenty-four (24) hour period, such period to be measured from the employee’s regular starting time each day until he returns to his center or home. In addition, such an employee shall be furnished clean, comfortable, sanitary lodgings, plus meals. The Company agrees to reimburse employees for all reasonable meal and lodging expenses.
Section 2 – Emergencies
Any local employee required to sleep away from home shall be reimbursed for his hotel and meal expenses and his time shall cease from the time h puts up except in no case shall he be paid for less than his regular guaranteed hours per day, and shall begin again at his regular time the next day. This provision shall continue to apply should he be held out more than one (1) day.
ARTICLE 54 – AIR CONDITIONING
Effective May 1, 1979, all feeder road equipment placed in service shall be equipped with air conditioning. Three (3) years from May 1, 1979, all other feeder road equipment shall be equipped with air conditioning.
It is understood that a Joint Committee may waive installation of air conditioning where climate conditions, scheduling problems for retrofitting or other standards exist. The Committee shall be guided by such rules as may be established by a similar Joint Area Committee under the National Master Freight Agreement.
ARTICLE 55 – PART-TIM EMPLOYEES
Section 1
Part-time employees are defined as employees who, when reporting to work as scheduled, shall receive the guarantee provided in Article 22, Section 5(d), except for those part-time employees scheduled to work eight (8) hours. Should any part-time employee be required to work beyond the fifth (5th) hour he shall be paid one and one half (1 ½) times his regular hourly rate for those hours worked in excess of five (5) hours on that day.
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When an employee elects to accept an assignment to a second shift, prior to the end of their regular shift this provision shall not apply.
Section 2
Part-Time Bid
Qualified part-time employees with one (1) year or more seniority may bid on permanent part-time openings and new jobs, except for the period of October 1 through December 31. A permanent new job or vacancy shall be one that has been in existence for a period of thirty (30) days.
Before the job becomes permanent, the Company shall have the right to assign the work. The job selection procedure shall be limited to three (3) moves, the original opening and two (2) others. The Company will fill the fourth (4th) opening.
All eligible, qualified part-time employees shall be afforded the opportunity to put their names on the list of qualified employees desiring to be considered for job openings on a different shift in their building. Each shift shall have separate lists. An eligible, qualified part-time employee may sign his or her name and seniority date to any and all lists, but will be limited to one (1) mover per year. The job will be awarded in seniority order. Employees bidding jobs may be pre-qualified.
No more than twenty (20%) of the preloaders in any preload operations shall be allowed to change a shift in any twelve (12) month period for any reason.
Section 3
Part-time employees will work off the part-time employee seniority list in their building.
Section 4
Part-time employees will not be permitted to delivery driving, feeder driving or tractor-trailer driving work. Part-time employees
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will be permitted to move vehicles within the confines of the Employer’s property only for the purpose of avoiding delay in their work except when unassigned drivers are available in the building.
Where part-time employees are used in the car wash classification, they will be permitted to drive equipment to and from the car wash.
Section 5
Part-time employees transferring to full-time jobs: After the completion of the job selection procedure as outlined in Article 57, Section 2 the resulting openings will be filled in conjunction with Article 22, Section 4 and as outlined below:
The permanent new job or permanent vacancy will be posted fro a period of three (3) days. Part-time employees with nine (9) months or more seniority may bid on a full-time opening in the Union jurisdiction in all months, except October, November and December, providing they meet the same requirements as applicants for that full-time job. The job will be awarded to the senior bidding part-time employee.
The employee awarded the job must satisfactorily complete a thirty (30) workday training period in the package driver classification. An employee who fails to qualify shall not be allowed to bid for one (1) year for the job the employee was disqualified for.
Part-time employees successfully transferring to full-time jobs will be considered as newly hired full-time employees and will be added to the appropriate seniority list. Their seniority date will the day of transfer.
During and after the training period, employees will receive the rate of pay as outlined in Article 41, Section 2 of the National Master Agreement.
For vacation and retirement purposes, the employee shall receive
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additional seniority credit equal to all time worked as a part-time employee. Upon attaining full-time seniority, any monies owed for vacation, personal holidays and sick days shall be paid off at the employee’s part-time rate.
Section 6
The number of full-time inside seniority jobs in each Local union area as of April 30, 1979 will not be reduced while any part-time employees are working in the building where the layoff occurs. In the event a seniority full-time employee in any inside job shall die, quit, retire, be discharged or transfer into a driving job, such seniority employee shall be replaced with another seniority employee.
ARTICLE 56 – SUPERVISOR WORKING
It is understood that supervisors will not perform any work that is assigned to employees covered by this Agreement except for the purposes of training, demonstrating, safety education or emergencies. In the event a supervisor does perform bargaining unit work, the shop steward will be notified.
ARTICLE 57 – SENIORITY
(a) Seniority for employees governed by this Agreement shall be defined as the period of employment with the Employer in the work covered by this Agreement at the Operating Center. Subcenter or Hub within the jurisdiction of the Local Unions. It shall be deemed to include any seniority presently held by an employee through agreement between the Employer and the Local Union prior to this Agreement.
(b) All new employees shall be hired on a thirty (30) calendar days’ trial basis and shall work under the provisions of this Agreement within which time they may be dismissed without protest by the Union. However, the Employer may not layoff, discharge or discipline for the purpose of evading this Agreement
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or discriminating in any manner prohibited by law. After thirty (3) days’ trial period, they shall be placed on the seniority list as seniority employees in accordance with their date of hire provided, however, that an employee must work a minimum of ninety-six (96) hours during his thirty (30) days’ trial period.
In case of discipline within the thirty (30) day period, the Employer shall notify the Local Union in writing.
(b) Preference shall be given to employees older in service and in order of their seniority to the work available, provided that such employees are available at such time as the work is assigned and are qualified to perform the work required.
(c) Time spent in a Company orientation program up to a maximum of three (3) days will not count toward the acquisition of seniority. People attending orientations shall be paid a daily rate of fifty dollars (.00) for full-time and twenty dollars (.00) for part-time.
Section 2 – Bidding
(A) Annual Bid
(1) In each location, a schedule of all starting times in each classification shall be posted for bid on the second Monday in February each year and shall remain posted for two (2) weeks.
Package (Metro) driver starting times shall also include the general area of the route and feeder driver starting times shall also indicate if the assignment is over or under 140 miles.
(2) Full-time seniority employees, in the order of their seniority and provided they are qualified for the job selected, shall have the right to select starting times in any classification (except Lead Drivers) from the schedule posted. Except as provided herein, such selection shall be held until the next annual bid.
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(B) Higher Rated Jobs – Inside to Outside
(1) During the year between the posting or the schedule, full-time seniority employees, in the order of their seniority and provided they are qualified for the job selected, shall have the right to select a starting time in a classification with a higher hourly rate when a new permanent job opening or vacancy exists in such classification. Any new job in existence for more than thirty (30) days shall be considered a permanent job. Temporary jobs added from October 1 to December 31 shall not be subject to bid.
(2) During the year between the posting of the schedule, full-time inside seniority employees, in the order of their seniority and provided they are qualified for the job opening, shall have the right to select a starting time in an outside classification. In such cases, the outside classification shall be held until the next annual bid unless a new permanent job opening or vacancy exists in an outside classification with a higher hourly rate in which event the employees shall have the right to select such openings or vacancies.
(C) Phase-In Procedure
The Company agrees to phase in the changes expeditiously which may result from (a) (1) and (2) above in such a manner as not to disrupt the Company’s operations.
(D) When a delivery area is permanently split more than fifty percent (50%), the driver who bid the original route will have the choice of the routes resulting from the split and in this event his choice shall not be considered as a new bid.
(E) Full-time seniority employees will select a bid job at the time of the annual bid. If an employee fails to select a bid, he shall be assigned to a job, and such assignment shall be considered a bid for all purposes.
(F) If a seniority problem arises from a job reassignment within
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an inside shift, the matter will be referred to the Division Manage and the Local Union Representatives for prompt resolution.
Section 3 – Layoff
(A) In the event of a layoff occasioned by post Christmas volume decline, the least senior employee in the classification affected will be laid off or he may elect to displace the least senior employee in any other classification provided he is senior to the employee he is displacing. The displaced employees may then exercise his seniority in the same manner in any other classification until the least senior employee is laid off. In all other cases, when a bid job is consolidated, discontinued or suspended, the employee shall work as assigned. In the event the big job is not restored after fifteen (15) work days, the employee affected may elect to displace any employee in his or any other classification provided he is senior to the employee he is displacing and qualified to perform the job selected. The displaced employee may then exercise his seniority in the same manner. Moves resulting from such displacements shall be limited to three (3). Should a fourth (4th) displacement result, such displacement shall be made after thirty (30) days.
(B) Full-time seniority employees hired prior to August 1, 1993 who may be subject to layoff will be assigned to displace one (1) or more part-time employees in the building if any part-time employees are working in that building.
In such case, said employee will be provided with eight (8) continuous hours of work at the appropriate rate for the classification of work performed, except that:
1. If said employee displaces a part-time employee and continues to perform the same work as his full-time assignment, he will continue to receive his regular rate of pay.
2. If in the building there is a part-time employee receiving a wage rate higher than that of the displaced part-time employee(s), the full-time employee will receive such higher rate.
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(C) Full-time seniority employees hired after August 1, 1993, who may be subject to layoff will be afforded the opportunity to work part-time on one (1) or two (2) shifts in their building.
The laid off full-time employees’ hired after August 1, 1993, part-time rate of pay will be established according to their company date of hire.
This condition will exist for all full-time employees hired after August 1, 1993, until they have completed their two (2) year progression and are receiving the top rate of pay in their classification. At this completion, they will be entitled to the normal eight (8) hour guarantee.
(D) When Section 3, Subsections (A), (B) and (C) above do not apply, the following shall :
Full-time seniority employee in the order of their seniority may elect to take the work of part-time workers, if any, for the duration of the layoff. In such cases, the full-time seniority employees will be guaranteed three (3) hours’ work at the appropriate rate for the classification of work performed, in addition to all fringe benefits.
(E) Section 3 (A), (B), (C) and (D) shall not apply when:
1. The Company shall have the right to lay off employees by classification in seniority order, for one (1) day. The laid off employees, in seniority order, may elect to displace the least senior employees working in the building as loaders (excluding pre-load) or unloaders, provided the selection does not interfere with their regularly scheduled job. Full-time employees electing to displace part-time loaders or unloaders will be paid at their regular full-time rate for the hours worked on the part-time job.
2. During the first three (3) days of emergencies beyond the Employer’s control, such as fire, flood, snowstorm, power failure, T.O.F.C. delays.
During strikes against UPS or other companies which require a reduction of the work force.
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Section 4 – Other Applications of Seniority
(a) Seniority does not give an employee the right to choose any specific unit or load.
(b) A definite reporting time and working schedule covering all regular employees shall be established y the Employer and Union. It being understood that no employee shall be required to work in excess of ten (10) hours after returning from one tour of duty whether it be driving or a combination of driving and dock work, provided the involved employee notified his supervisor at the start of his workday, emergencies excluded. There shall be no layoff to evade the provisions of this Agreement relating to scheduling and starting time.
(c) Employees in the order of their seniority shall have the right to:
(1) Work opportunity in the event of layoff; however, an employee shall be notified of a layoff at the end of his tour of duty, except for an Act of God, fire, utility failure or unauthorized strike.
(2) Select vacations from the Vacation Schedule as provided in Article 61.
(d) Sunday and Saturday work shall be apportioned among the regular employees in the manner determined by the Local Union and Employer.
(e) An employee called to work before his regular scheduled report time shall not be required to take time off to compensate thereof.
(f) Should the Employer violate the principles set forth in this Article, he shall compensate for the earning opportunity lost and at the rate provided herein, those employees affected.
(g) In the event of the recall of any employee laid off, the laid off employee shall be given notice, at least the night before (except
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for absenteeism or sickness on that day), of recall by telephone, or telegram or personal contact, to the address last given the Employer by the employee. Where work develops during the next day, the Employer shall in the order of seniority of the laid off employees make such work available by telephone, telegram, or personally contacting the employee at his home, or such place as he hall have designated with his supervisor as the place of contact. An employee recalled by the above procedure must notify the Employer as soon as possible in advance of the specified time of his intention to report. In the event the employee fails to comply with the above provisions, he shall have no claim for work opportunity lost that day and shall notify the Employer of his intent to report the next day, but the Employer shall be responsible for the work opportunity lost if he shall fail to comply with these provisions.
(g) Employees hired for temporary job openings from October 1 through December 31 will not accrue seniority during that period and such job openings shall not be posted for bid during that period. If returned to work within sixty (60) days after that period, they shall be placed on the seniority list with credit back to their employment dates providing they have met all other requirements for seniority.
(h) Employees hired to cover vacations in the months of June, July and August shall not attain seniority. Vacation cover employees will work off the vacation cover list by date of hire in each center. Available work will be granted in accordance with such lists.
(i) Stewards shall be granted super seniority for contract administrative purposes and layoff purposes.
Section 5 – House Concerns and Acquisitions or Purchases
(a) Where the Employer acquires or has acquired the work or trucks, of any so-called “House Concernâ€, the employees of said concern shall be confined exclusively to the work they performed while in the employ of said concern. Those employees shall hold seniority on the work of said concern as if they were actually
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employed by said concern in addition to maintaining a seniority standing on the Employer’s seniority list from the date such employees started to work on Employer’s payroll. If, however, there is no work for said employees on the “House Concern’s†work, the said employees shall work in their proper seniority of the date of hire by the Employer and on the Employer’s work and shall be governed by the terms of this Agreement. This does not apply to consolidation.
(b) When one company acquire or purchases control of the business of another company, including control by an I.C.C. order, then the employees of the company so acquired or purchased shall be placed at the bottom of the acquiring or purchasing company’s seniority list in the order of their payroll or company seniority with the former company. If the Employer requires additional men, she shall give preferences to the employees of the former company for a period of one hundred fifty (150) working days after the date of purchase.
Section 6 – Loss of Seniority
(a) Seniority shall be broken only by:
(1) Discharge.
(2) Voluntary quit.
(3) Failure to respond to notice of recall as specified in Section 4 (g) of this Article for regular work seven (7) consecutive days after receiving notice or by mutual agreement.
(4) Unauthorized Leave of Absence.
(5) Unauthorized failure to report for work for three (3) consecutive days when working and on the seniority list.
(6) Layoff in excess of six (6) years.
(b) Any employee who is absent because of proven illness shall maintain his seniority.
Section 7 – Military Clause
The Company shall pay the health and welfare and pension fund contributions on employees on leave of absence for training or for emergencies in the Military Reserve, but not to exceed fourteen
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(14) days, providing such absence affects his credits or coverage for health and welfare and/or pension.
Employees enlisting or entering the military or naval service of the United States, pursuant to the provisions of the Military Service Act of 1967, as amended, shall be granted all rights and privileges as most recently amended.
Section 8 – Posting of Seniority List
Within thirty (30) days after the signing of this Agreement, and at least quarterly thereafter, a list of employees arranged in order of their seniority shall be posted in a conspicuous place at their place of employment and a copy furnished to the Union. Claims for correction to such seniority list must be made to the Employer and the Union within thirty (30) days after such posting and after such time the seniority list will be regarded as correct.
Section 9 – Opening or Closing – Operating Centers, Subcenters or Hubs
(a) In order to provide for the interest of our people and to satisfy the service needs of our customers, the Company and the Union agrees that any plan to open, close or consolidate centers or hubs will be discussed in advance for the purpose of expediting and effectively implementing such a change.
(b)(1) When a new Operating Center, Subcenter or Hub is opened (except as a replacement for existing operations or in a new Center, Subcenter or Hub in a locality where there are existing operations), the Employer shall offer the opportunity to transfer to regular positions in the new Operating Center, Subcenter or Hub in the order of their company or classification seniority to employees in those Operating Centers, Subcenter or Hubs which are affected in whole or in part by the opening of this new Operating Center, Subcenter, or Hub.
This provision is not intended to cover situations where there is replacement of an existing operation or where a new Operating Center, Subcenter or Hub is opening in a locality where there is an
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existing terminal. In these latter situations, laid off or casual employees in the existing facilities shall have first opportunity for employment at the new operation in accordance with their seniority. If all regular full-time positions are not filled in this manner, then the provisions of the above paragraph shall apply.
(2.) The transferred employees, other than those referred to in the exception in Section 1 above shall, for a period of thirty (30) days following the transfer, have an unqualified right to return to their old Operating Center, Subcenter or Hub if it is still in existence and carry with them their seniority at that old Operating Center, Subcenter or Hub. Employees who avail themselves of the transfer privileges because they are on layoff at their original Operating Center, Subcenter or Hub may exercise their seniority right if work becomes available at the original Operating Center, Subcenter or Hub. Transferred employees shall have after thirty (30) days, the same privileges with respect to subsequent transfers as set forth in paragraph 1 above.
(c)(1) When an Operating Center, Subcenter or Hub is closed and the work of the Operating Center, Subcenter or Hub is eliminated, an employee who was formerly employed at another Operating Center, Subcenter or Hub shall have the right to transfer back to such former Operating Center, Subcenter or Hub and exercise his seniority based on the date of hire at the Operating Center, Subcenter or Hub into which he is transferring provided he has not been away from such original Operating Center, Subcenter or hub for more than two (2) years.
(2.) When an Operating Center, Subcenter or Hub is closed or partially closed and the work of the Operating Center, Subcenter or Hub is transferred to another Operating Center, Subcenter or Hub in whole or in part, an employee at the closed or partially closed Operating Center, Subcenter or Hub shall have the right to transfer to the Operating Center, Subcenter or Hub into which the work was transferred if regular work is available and shall exercise his seniority on a Company basis on the affected Operating Centers, Subcenters or Hubs.
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(3.) If the Employer contemplates opening or closing any Operating Centers, Subcenters or Hubs within the jurisdiction of the fifteen (15) Local Unions listed on the title page hereof, he shall notify the Local Unions affected and the Chairman of the 1997 Negotiating Committee at least thirty (30) days prior to making such change, except in cases of emergency.
(d.) Qualifications
In all transfers referred to in Section 9 above, the employee must be qualified to perform the job by experience in the classification.
(e.) Filling Job Vacancies
When a vacancy or opening occurs at any of the Operating Centers, Subcenters or Hubs within the Local Union area, notice for bid shall be posted and remain posted in all Operating Centers, Subcenters or Hubs, within such Local Union area for three (3) working days. The most senior man bidding shall receive the job. The Local Union shall be notified in writing of any opening, closing or transferring the Employer’s Operating Centers, Subcenters or Hubs.
ARTICLE 58 – OTHER BUSINESS
During the term of this Agreement, or any renewal thereof, the Employer shall not directly or indirectly operate, maintain or conduct any establishment or place of business or cause any establishment or place of business to be operated or maintained or conducted where the effect thereof is to render the terms of this Agreement inapplicable for the purpose of evading the term of this Agreement.
ARTICLE 59 – DISCHARGE OR SUSPENSION
The employer shall not discharge or suspend any employee without just cause but, in respect to discharge or suspension, shall give at least one warning notice of the complaint against such employee to the employee personally, or in writing, and a copy of the same to the Union affected except that no warning notice need
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be given to an employee before he is discharged if the cause of such dishonesty or drunkenness or drinking during working hours (including lunch time and/or break periods), recklessness resulting in a serious accident while on duty or the use or possession of illegal drugs or the carrying of unauthorized passengers. The warning notice, as herein provided shall not remain in effect for a period of more than nine (9) months from the date the employee was first informed that a warning letter will be issued. Discharge must be by proper written notice to the employee and the Union affected.
Any employee may request an investigation as to his discharge or suspension. Should such investigation by the Employer and the Union prove an injustice has been done an employee, he shall be reinstated. If the Employer and the Union are unable to agree on reinstatement, the matter may be referred to the New England Area Parcel Grievance Committee under the terms of this Agreement. The New England Area Parcel Grievance Committee shall have the authority to order reinstatement or to sustain discharge and full, partial or no compensation for time lost. Appeal from discharge, suspension or warning notice must be taken within ten (10) days by written notice and a decision reached within thirty (30) days from the date of discharge, suspension or warning notice. IF the employee involved is not within the Operating Center, Subcenter or Hub area when the action of discharge, suspension or warning notice is taken, the ten (10) day period will start from the date of his return to the Operating Center, Subcenter or Hub. If no decision has been rendered on the appeal within thirty (30) days, the case may then be taken up as provided for in Article 48 of this Agreement.
ARTICLE 60 – SUNDAY – HOLIDAYS – SICK LEAVE
Section 1
The following shall be recognized as paid holidays and all full-time seniority employees shall be paid eight (8) hours straight time pay therefore: New Year’s Day, Memorial Day, Indepen-
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dence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Day and December 31, irrespective of the day on which the holidays fall. Part-time seniority employees will be paid four (4) hours for the holidays.
Section 2
(a) Seniority employees shall be paid for each recognized holiday or the day celebrated as such, irrespective of what day of the week the holiday falls on, on the basis of eight (8) hours straight time rate provided they work any day during the payroll period. Any seniority employee laid off for lack of work shall not be deprived of his holiday pay if he layoff does not exceed thirty (30) days’ duration. All employees required to work on any such days shall be paid the applicable premium rate in addition to the holiday pay. Seniority part-time employees will receive four (4) hours holiday pay provided they work any part of one (1) day in the holiday week.
(b) Employees hired to cover vacation throughout the year, after having been on the payroll for ninety (90) calendar days, will be paid for all recognized holiday, provided they work three (3) days in the payroll period.
Section 3
The applicable minimum rate for work performed on Sundays or holidays, as such, shall be one and one-half (1 ½) times the normal rate as shown in the Wage Schedule, Article 67, herein for the first eight (8) hours of work which shall be a guarantee. Work performed after eight (8) hours on those days shall be paid for at one and one-half (1 ½) times the normal rate through the tenth hour. Any time worked in excess of ten (10 Hours on these days shall be paid for at one and one-half (1 ½) times the applicable premium rate.
Section 4
Employees on night work whose regular work begins on a Sunday or holiday evening or ends on Sunday or holiday morning shall be
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given the night before or the night after off for their Sunday or holiday, in accordance with the work schedule.
Seniority employees shall not be deprived of their sixth (6th) punch by the use of extra help. Except in the cases specifically agreed upon between the Employer and the Union, work on a night shift shall be treated as being performed on the day on which the shift commences. The holiday night shall not be staggered by the splitting of a single shift.
Any employee whose regular shift commences on the day before the Sunday or holiday and who continues to work into the Sunday or holiday shall be paid at the regular straight time rate for his first eight (8) hours and at time and one-half (1 ½) his regular rage for hours in excess of eight (8) hours.
Section 5
If any of the above-named holidays occur when any employee is on vacation, he shall receive an extra day’s pay in lieu of the holiday.
Section 6 – Personal Holidays
In the first year of employment, employees hired on or after October 1 will not be eligible for personal holidays until the next contract year (May 1 – April 30).
All seniority employees on the payroll more than six (6) months shall be entitled to three (3) holidays known as personal holidays to be mutually agreed upon between the Employer and the individual employees each contract year (May 1 – April 30). The employee must give one (1) week’s notice of the desire to take such holiday. The Employer, after receiving the one (1) week’s notice, shall notify the employee within twenty-four (24) hours as to whether or not his request shall be granted or denied. Unused personal holidays shall be paid to all eligible employees in the first full pay period of the new contract year. Personal holidays must be taken during the contract year (May 1 – April 30).
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Section 7 – Sick Leave
In the first year of employment, employees hired on or after October 1 will not be eligible for sick days until the next contract year (May 1 – April 30).
All seniority employees on the payroll more than six (6) months shall be entitled to five (5) sick days per contract year (May 1 – April 30) to e taken on a day-to-day basis. Sick days will be paid on the basis of eight (8) hours per day at the employee’s regular straight time rate for full-time employees and four (4) hours per day the employee’s straight time rate for part-time employees. Unused sick days shall be paid to all eligible employees in the first full pay period of the new contract year. Unused sick days may be accrued and carried over from one contrat year to the next contract year (May 1 – April 30). An employee may request payment for all accrued sick days; payment at the current rate will be made within ten (10) days of the request. Unused sick days may be accrued for the length of the Agreement. Employees wishing to accrue sick days must notify the Company of their intent by April 1 of each year.
Seniority employees with less than six (6) months seniority who leave the employment of the Company shall be paid sick days on a prorate basis. An employee who leaves the employment of the Company and who has more than six (6) months seniority shall be paid his sick day entitlement for that contract year.
Section 8 – Options
The five (5) sick days in Section 7 above or two (2) sick days combined with three (3) personal holidays in Section 6 above may be used to provide the following options for all seniority employees on the payroll a minimum of one (1) year.
Option 1.
An additional one (1) week vacation consisting of five (5) consecutive days off with forty (40) hours’ pay for eligible full-time employees and twenty (20) hours’ pay for eligible part-time employees at their regular straight time rate.
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Option 2.
Forty (40) hours’ pay for eligible full-time employees and twenty (20) hours’ pay for eligible part-time employees to be paid at their regular straight time rate, in addition to the regular vacation pay during any vacation period preselected by the employee.
Option 3.
Forty (40) hours’ pay for eligible full-time employees and twenty (20) hours’ pay for eligible part-time employees to be paid at their regular straight time rate in the last full pay period of the contract year.
Option 4.
All seniority employees electing not to take Option 1, 2 or 3 are entitled to three (3) optional holidays per year subject to the optional holiday provisions in Section 1(b) 6 above. Optional holidays will be paid at the employee’s straight time hourly rate, eight (8) hours for full-time employees and four (4) hours for part-time employees.
All employees must notify the Company what Option they are selecting one (1) month prior to the posting of the vacation list.
In any event, no employee shall be entitled to more than three (3) personal holidays or five (5) sick days in any contract year.
Section 9 – Disciplinary Action
The benefit of pay given to an employee for sick days does not excuse the absence from work, however, bona fide use of paid sick days will not automatically count towards disciplinary action. Each employee’s record will be reviewed individually.
ARTICLE 61 – VACATION
Section 1
Seniority employees who have been on the Employer’s payroll for
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one (1) year and who have worked at least one hundred and thirty-five (135) days during that year, including any absence resulting from the performance of duties under this Agreement shall receive one (1) week’s vacation with pay. After the first (1st) year of employment, if any employee has worked a minimum of one hundred and twenty (120) days since his anniversary date including any absence resulting from the performance of duties under this Agreement or proven illness or layoff, he shall receive one (1) week’s vacation with pay.
After completion of his second (2nd) year of employment, if he has worked a minimum of one hundred and twenty (120) days since his anniversary date, including any absence resulting from the performance of duties under this Agreement or proven illness or layoff, he shall receive two (2) weeks vacation with pay.
After the completion of his tenth (10th) year of employment, if he has worked a minimum of one hundred and twenty (120) days since his anniversary date including any absence resulting from the performance of duties under this Agreement or proven illness or layoff, he shall receive three (3) weeks vacation with pay.
After the completion of his fifteenth (15th) year of employment, if he has worked a minimum of one hundred and twenty (120) days since his anniversary date, including any absence resulting from the performance of duties under this Agreement or proven illness or layoff, he shall receive four (4) weeks vacation with pay.
After the completion of his twentieth (20th) year of employment, if he has worked a minimum of one hundred and twenty (120) days since his anniversary date, including any absence resulting from the performance of duties under this Agreement or proven illness or layoff, he shall receive five (5) weeks vacation with pay.
After the completion of his twenty-fifth (25th) year of employment, if he has worked a minimum of one hundred and twenty (120) days since his anniversary date, including any absence resulting from the performance of duties under this Agreement or proven illness or layoff, he shall receive six (6) weeks vacation with pay.
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Section 2
After the first (1st) year of employment, if an employee has not worked a minimum of one hundred and twenty (120) days since his anniversary date, he shall receive one-half (1/2) day’s vacation for each month in which he has worked a minimum of ten (10 days.
After the second (2nd) year of employment, if he has not worked a minimum of one hundred and twenty (120) days since his anniversary, he shall receive one (1) day’s vacation for each month in which he has worked a minimum of ten (10) days.
After the tenth (10th) year of employment, if he has not worked a minimum of one hundred and twenty (120) days since his anniversary, he shall receive one and one-half (1 ½) day’s vacation for each month in which he has worked a minimum of ten (10) days.
After the fifteenth (15th) year of employment, if he has not worked a minimum of one hundred and twenty (120) days since his anniversary, he shall receive two (2) day’s vacation for each month in which he has worked a minimum of ten (10) days.
After the twentieth (20th) year of employment, if he has not worked a minimum of one hundred and twenty (120) days since his anniversary, he shall receive two and one-half (2 ½) day’s vacation for each month in which he has worked a minimum of ten (10) days.
After the twenty-fifth (25th) year of employment, if he has not worked a minimum of one hundred and twenty (120) days since his anniversary, he shall receive three (3) day’s vacation for each month in which he has worked a minimum of ten (10) days.
Section 3
In his first (1st) year of employment, if an employee works a minimum of one hundred and thirty-five (135) days in a period of ten (10) months and he is separated from his employment for any reason, he shall receive one-half (1/2) day’s pay for each month worked.
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After completion of one (1) year of employment, if he is separated from his employment for any reason, he shall receive one-half (1/2) day’s pay for each month in which he worked a minimum of ten (10) days since the anniversary date of his employment.
After completion of two (2) years of employment, if he is separated from his employment for any reason, he shall receive one (1) day’s pay for each month in which he worked a minimum of ten (10) days since the anniversary date of his employment.
After completion of ten (10) years of employment, if he is separated from his employment for any reason, he shall receive one and one-half (1 ½) day’s pay for each month in which he worked a minimum of ten (10) days since the anniversary date of his employment.
After completion of his fifteenth (15th) year of employment, if he is separated from his employment for any reason, he shall receive two (2) day’s pay for each month in which he worked a minimum of en (10) days since the anniversary of his employment.
After completion of his twentieth (20th) year of employment, if he is separated from his employment for any reason, he shall receive two and one-half (2 ½) day’s pay for each month in which he worked a minimum of ten (10) days since the anniversary date of his employment.
After completion of his twenty-fifth (25th) year of employment, if he is separated from his employment for any reason, he shall receive three (3) day’s pay for each month in which he worked a minimum of ten (10) days since the anniversary date of his employment.
Section 4
New employees hired during the previous year who are entitled to a vacation and older employees who do not work a full year, shall receive vacation pay equal to the average of their earnings for the full weeks which they worked, in that year, with a minimum of forty (40) hours.
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All seniority full-time and part-time employees shall receive their vacation pay due them in advance by separate check on the basis of their earnings for the previous calendar year ending December 31, one fifty-second (1/52nd) of their earnings for each week of vacation, but not less than forty (40) hours pay per week for full-time employees and twenty (20) hours pay per week for part-time employees.
Any employee who is discharged or who quits shall receive the vacation allowance due him for that year.
Section 5
All employees shall, in order of seniority, select their vacation from May 1 through April 30, excluding the period from the Sunday after Thanksgiving through December 25. Selection of vacation shall be on a Center basis, except in those Centers whose work force is composed of (1) Feeder Driver, or (2) Metro Drivers or (3) Inside Employees. In such instances, there shall be separate Vacation Schedules for (1) Feeder Drivers, (2) Drivers and (3) Inside Employees.
Section 6
The vacation schedule must be posted by the Employer not later than April 1 to allow employees, in order of their seniority, to make their vacation selections. The vacation schedules shall remain posted for thirty (30) days, after which time they shall be taken down.
Employees in the first fifty percent (50%) from the top of the seniority list must make their selection within the first fifteen (15) days after posting. Balance of the seniority list shall make the selection in the remaining fifteen (15) days. Any employee failing to make his selection during such periods shall be assigned whatever vacation period may be open.
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Vacation Eligibility
Years of Service Total Weeks of Vacation
1 1
2 2
10 3
15 4
20 5
25 6
Section 7
Upon discharge by the Employer, or quit by the employee, earned vacation time and pay shall be included in all final wage payments. In the case of death of an employee who is eligible for vacation, vacation pay due such an employee shall be paid to the employee’s estate.
Section 8
All part-time employees’ vacation benefits shall be prorated provided, however, in no event shall a part-time employee be paid less than four (4) hours per day for vacation benefits.
Section 9 – Summer Vacations
(a) During each week of the months of June, July and August, the Company will afford fifteen percent (15%) of the eligible employees in each Center the opportunity to receive a vacation. Selection shall not be mandatory.
(b) The Company will attempt to offer the opportunity to cover driver vacations to as many full-time inside employees as possible, provided there is no disruption in the Employer’s operations.
(c) The Company will offer the opportunity to cover tractor-trailer vacations to as many tractor-trailer-qualified employees as possible.
Section 10
The Company will attempt to schedule sufficient vacations from
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December 24 of any year through the second (2nd) full week of the following January in order to avoid layoffs. In the event sufficient vacations have not been scheduled, the Local Union and the Company will meet to adjust the vacation schedule. Failing to agree on an adjusted schedule, the matter shall be referred to the General President of the International Brotherhood of Teamsters and the Vice President of Labor Relations, UPS, for final resolution.
Section 11
Seniority employees retiring as of January 1 of any year shall notify the Employer by December 10th of the prior year of his/her retirement. Such employee will receive his/her entire vacation for the oncoming year, based on his/her years of service, plus any vacations in the current vacation schedule.
ARTICLE 62 – EXAMINATION AND
INSPECTION FEES
Section 1 – Examination
(a) Employees other than applicants shall be paid for the time involved in travel and examination not to exceed two (2) hours at the straight time hourly rate of pay.
(b) If the two (2) physicians disagree, the Company and the Union shall mutually agree upon a third physician whose decision shall be final and binding. The expense of the third physician shall be borne by the Employer.
Section 2 – Injury on the Job
If an employee is required to visit a hospital, clinic, doctor’s office or other places for treatment or diagnosis outside working hours, he shall be paid for the time involved in travel and treatment, but not more than two (2) hours at his normal rate of pay.
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ARTICLE 63 – OTHER EQUIPMENT
(a) The Employer shall not require as a condition of continued employment that an employee purchase a truck, tractor and/or tractor and trailer or any other vehicular equipment.
(b) The Employer agrees not to hire any outside equipment when he has available equipment of his own.
(c) The Employer will not hire outside trucks except to supplement its own equipment when such equipment is in full use. When hired trucks are required, the men required to operate and work them, irrespective of ownership, shall be paid as employees of the Employer and shall be governed by the terms of this Agreement while so employed.
ARTICLE 64 – BREAK PERIOD
There will be two (2) ten (10) minute break periods each work day, ten (10) minutes in the A.M. between the second (2nd) and third (3rd) hours and ten (10) minutes in the P.M. between the sixth (6th) and seventh (7th) hours. All employees working more than ten (10) hours will be paid a twenty (20) minute break. The twenty (20) minute break must be completed by the end of the 11th hour except during the months of November and December.
Feeder drivers entitled to a twenty (20) minute break must take their break between the tenth (10th) and eleventh and one-half (11 ½) hours unless they are delayed by inclement weather or vehicle breakdown.
ARTICLE 65 – FEEDER
(1) Feeder Driver’s Work
(a) Feeder Drivers of the IBT Locals party to this Agreement or any IBT Locals that have Agreements with UPS shall load, unload and sort as directed in any of the Company’s locations.
(b) Feeder Drivers shall not perform pickup or delivery work within the Operating Center, Subcenter or Hub City or towns
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and cities contiguous thereto, except in their Local Union area, unless mutually agreed by the Negotiating Committee.
(c) Feeder Drivers shall deliver and/or pickup trailers at rail yards, airports, or any of the Employer’s locations.
(d) Tachographs shall not be used to time a run and shall not be used as evidence against any driver for any reason.
(e) Any tractor-trailer work would be classified as feeder work and shall receive the appropriate rate of pay.
(f) When a starting time is changed in a feeder classification, it will be subject to bid by the employees in the affected group.
(2) Tractor Trailer Qualified List
An employee may remove himself from the tractor trailer qualified list if:
(a) The employee has been on the list working as a tractor trailer driver for a period of two (2) or more years.
(b) The employee notifies the Company thirty (30) days prior to posting of the annual bid.
FEEDER
Any employee who is not currently qualified will be given an opportunity to do so as provided for below:
(a) Employees who are interested in qualifying as tractor-trailer drivers will so notify the Company. These employees, in seniority order, provided the meet the Employer’s qualifications for attendance, will be given an opportunity to attend one of the Company tractor trailer schools. Such employees shall be compensated at their regular straight time hourly rate while attending school. The school may be conducted on Saturdays. The school will be conducted when the need for additional tractor
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trailer drivers arises in any given location or locations. The Company agrees to furnish the instructors and necessary equipment.
(b) To qualify for attendance at the tractor-trailer school, an employee must not have had an avoidable accident during the year preceding his application to attend school.
(c) To be eligible to move from the qualified list to a tractor-trailer job, an employee must not have had an avoidable accident during the year preceding his bid on or assignment to a tractor trailer job.
(d) When an employee successfully completes the tractor-trailer school, he will be added to the qualified list.
(e) When it is necessary to fill a tractor trailer job from the qualified list, the employees on the list in the Center or Hub where the opening exists will be offered, in seniority order, an opportunity to fill the position. In the event no employee on the qualified lists elects to fill the opening, the least senior employee on the list will be assigned to the job.
ARTICLE 66 – HOURS OF WORK AND
OVERTIME
Section 1
(a) Five (5) days shall constitute a normal week’s work for local employees from Monday to Friday, inclusive, and the hours of labor each day shall be worked in uninterrupted succession. All time worked in excess of eight (8) hours per day shall be paid for as overtime at one and one-half (1 ½) times the normal rate.
(b) Full-time employees hired after July 31, 1987 shall have a workweek of five (5) consecutive days, Monday-Friday or Tuesday-Saturday.
(c) The schedule when changed shall be posted by the Employer on Monday to become effective on the following Monday.
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Section 2
(a) Employees ordered to report for work before their starting time shall be guaranteed eight (8) hours’ work or pay in addition to the time worked before their starting time, with time and one-half (1 ½) for all hours worked over eight (8) hours. Any employee ordered to work after his regular starting time shall have his time refer back to his regular starting time.
(b) Employees ordered to report for work before such starting time shall be paid at time and one-half the appropriate rate for that day for work prior to the regular starting time.
(c) Part-time employees called to work before their regular start time shall be paid at straight time for work prior to the regular start time plus their guarantee.
Section 3
(a) Any employee who is called or reports as scheduled, unless advised not to report, shall be guaranteed a minimum of eight (8) hours’ work or pay.
(b) All employees required to report for work on Saturday, or on the sixth (6th) report in a payroll period, shall be guaranteed a minimum of eight (8) hours’ work at their applicable premium rate of time and one-half (1 ½). All full-time seniority employees hired after July 32, 1987, on their sixth (6th) and seventh (7th) report in a payroll period will be paid time and one-half (1 ½) the normal straight time rate. Any time worked in excess of eight (8) hours on these days shall be paid for at one and one-half (1 ½) times the normal straight time rate through the tenth (10th) hour. Any time worked in excess of ten (10) hours on these days shall be paid for at one and one-half (1 ½) times the applicable premium rate.
(c) All part-time employees hired after July 31, 1987, who work on Saturday or Sunday or both Saturday and Sunday during the months of October, November, December will be paid the normal straight time rate.
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(d) Except for mealtime, working time for all employees shall start when they are instructed to report and do report at their Operating Center, Subcenter or Hub and shall continue until relieved from duty at same regardless of occupation. Employees shall be allowed time out for meals which shall be one (1) hour and shall not begin until the employee has worked four (4) hours except for inside employees whose lunch hour may begin after they have worked three and one-half (3 ½) hours, but must begin before he has completed five (5) hours of work. Any employee who is ordered to work during any part of his meal period shall be paid for the full meal period and shall be allowed and must take twenty (20) minutes to eat lunch and such time shall be considered as time worked. Any employee who is ordered to work during any part of meal period shall be guaranteed nine (9) hours’ pay for that day.
ARTICLE 67 – WAGES AND ALLOWANCES
Section 1
Full-time employees whose work schedule starts between the hours of 5:00 p.m. and 5:00 a.m. shall receive an additional fifteen cents (15 cents) per hour for each hour worked, with the exception of those Feeder Drivers whose Feeder work includes driving more than one hundred and forty (140) miles in one day or employees whose work starts before 12:00 noon.
Section 2
Employees older in service and in the order of their seniority shall be entitled to the work available from Monday to Friday inclusive in the amounts not less than those designated in the Wage Schedule. Should the Employer violate this principle, he shall compensate for the earning opportunity lost and at the rates provided herein those employees affected.
Section 3
Any employee working in a higher pay classification for any part of the day shall receive the higher rate of pay for the entire day.
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Section 4
No employee shall be required to deadhead for any rate less than his normal rate of pay.
Section 5 – Helpers
Package drivers’ helpers will be used from Thanksgiving until December 25 of any contract year.
Such employees shall receive .50 per hour for the life of the Agreement. Helpers, when required by the Employer, will punch his own time card at the beginning and end of the workday. Helpers will be paid based on hours worked. Helpers will not be allowed to do any driving work whatsoever.
Section 6 – Wage Schedule
Full-Time Employees
Classification 8/1/97 8/1/98 8/1/99 8/1/00 8/1/01
Lead Driver 20.65 21.25 21.85 22.45 23.15
Package Drivers,
Vehicle Positioners 20.52 21.12 21.72 22.32 23.02
Hub Sorters 20.62 21.22 21.82 22.42 23.12
Hub Pick-Off, Rewrap,
Wrong Address
Corrections 20.52 21.12 21.72 22.32 23.02
Preloaders 20.52 21.12 21.72 22.32 23.02
Feeder Drivers 20.62 21.22 21.82 22.42 23.12
Loaders, Unloaders 20.42 21.02 21.62 22.22 22.92
*Feeder Drivers
whose feeder work
includes driving
more than
one hundred forty
(140) miles
in one (1) work day 21.06 21.66 22.26 22.86 23.56
Double Bottom Drivers 21.50 22.10 22.70 23.30 24.00
Car Washers 20.23 20.83 21.43 22.03 22.73
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NOTE: An additional twenty-five cents (25 cents) per hour over the applicable feeder rate {over or under one hundred forty (140) miles} shall be paid to any employee who pulls any combination of 26’, 28’ or 30’ trailers.
*All driving miles will be counted in determining those Feeder Drivers who qualify for the more than one hundred forty (140) mile rate.
ARTICLE 68 – HEALTH AND WELFARE
Section 1
(a) The Health and Welfare Funds which have been established by prior agreement between the Employer and the Union shall be continued in effect without interruption, except as further provided herein.
(b) Commencing with the first day of August, 1993 and for the duration of the current Collective Bargaining Agreement and any renewals or extensions thereof, the Employer agrees to make payments to the respective Health and Welfare Funds for each and every employee performing work within the scope of and/or covered by this Collective Bargaining Agreement whether such employee is a seniority, probationary, temporary or causal employee irrespective of his status as a member or nonmenber of the Local Union from the first hour of employment subject to this Collective Bargaining Agreement as follows.
Section 2
Effective August 1, 1997, the Employer shall contribute to the respective Health and Welfare Funds the sum of .7625 per hour for each hour figured to the nearest quarter hour for which an employee covered by this Agreement receives pay up to a maximum of forty (40) hours but not more than .50 per week for any one employee.
Effective August 1, 1998, the Employer shall contribute to the respective Health and Welfare Funds the sum of .7625 per hour for each hour figured to the nearest quarter hour which an
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employee covered by this Agreement receives pay up to a maximum of forty (40) hours but not more than .50 per week for any one employee.
Effective August 1, 1999, the Employer shall contribute to the respective Health and Welfare Funds the sum of .9625 per hour for each hour figured to the nearest quarter hour for which an employee covered by this Agreement receives pay up to a maximum of forty (40) hours but not more than .50 per week for any one employee.
Effective August 1, 2000, the Employer shall contribute to the respective Health and Welfare Funds the sum of .2125 per hour for each hour figured to the nearest quarter hour for which an employee covered by this Agreement receives pay up to a maximum of forty (40) hours but not more than .50 per week for any one employee.
Effective August 1, 2001, the Employer shall contribute to the respective Health and Welfare Funds the sum of .4625 per hour for each hour figured to the nearest quarter hour for which an employee covered by this Agreement receives pay up to a maximum of forty (40) hours but not more than .50 per week for any one employee.
Commencing with the first day of August 1997, and for the duration of the current Collective Bargaining Agreement and any renewals or extensions thereof, the Employer agrees to make payments to the respective Health and Welfare Fund as follows:
(1) The Employer agrees to make contributions u to a maximum of forty (40) hours on behalf of a seniority full-time employee who may be on lay-off status during any payroll period but has completed three (3) days’ work in that pay period and;
(2) The Employer agrees to make contributions up to a maximum of twenty (20) hours on behalf of a regular part-time employee who may be on lay-off status during any payroll period but has completed three (3) days of work in that pay period.
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For the purpose of this Section, each hour paid for, figured to the nearest quarter hour, as well as hours of paid vacation, paid holidays and other hours for which pay is received by the employee, shall be counted as hours for which contributions are payable. If an employee is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks. If an employee is injured on the job, the Employer shall continue to pay the required contributions until such employee returns to work; however, such contributions shall not be paid for a period of more than twelve (12) months.
Hourly contributions to the Health and Welfare Fund must be made for each hour worked on each regular or part-time employee as provided above, even though such employee may work only part-time under the provisions of this contract, including weeks where work is performed for the Employer but not under the provisions of this contract, and although contributions may be made for those weeks in some other Health and Welfare Fund.
All contributions shall be made at such time and in such manner as the Trustees require and the Trustees shall have the authority to have an independent certified public accountant audit the payroll and wage records of the Employer for the purpose of determining the accuracy of contributions to the Welfare Fund.
If an Employer fails to make contributions to the Welfare Fund within seventy-two (72) hours after the notice of delinquency, the Local Union shall take whatever steps are necessary to secure compliance with this Article, any provisions of this Agreement to the contrary notwithstanding and the Employer shall be liable for all costs of collecting the payments due together with the attorney’s fees and such penalties which may be assessed by the Trustees. The Employer’s liability for payment hereunder shall not be subject to the grievance procedure or arbitration provided under this Agreement.
No oral or written modification of this Article shall be made by the Local Union or the Employer and, if made, such modification shall not be binding upon the employees performing work with the
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scope of this Collective Bargaining Agreement and covered by this Article or upon the trustees of the respective Health and Welfare Funds.
Disputes or questions of interpretations concerning the requirement to make contributions on behalf of particular employees or classifications of employees must be submitted directly to the Conference Joint Area Committee by either the Local Union or the Trustees. In the event of such disputes or questions, the Company shall not be deemed to be delinquent, while the matter is being considered, but if the Conference Joint Area Committee, by majority vote, determines that contributions are required, the Company shall pay to the Trust Fund the amounts due together with any other charges uniformly applicable to past due contributions. The Conference Joint Area Committee may also determine whether the Company’s claim was bona fide. In the event that the Conferee Joint Area Committee is deadlocked, the matter shall be resolved by the National Grievance Committee.
Section 3
The Employer and the Unions which are signators hereto ratify the designation of the Employer and the employee trustees under such Agreement and ratify all action already taken or to be taken by such Trustees within the scope of their Authority.
ARTICLE 69 – PENSION FUND
Section 1
The Employer agrees to continue to make payments to the New England Teamsters and Trucking Industry Pension Fund for each employee covered by this Agreement as follows:
(a) Commencing with the fist day of August, 1997, and for the duration of the current Collective Bargaining Agreement between Local Unions and the Employer and any renewals or extensions thereof, the Employer agrees to make payments to the New England Teamsters and Trucking Industry Pension Fund for each and every employee performing work within the scope of and/or covered by this Collective Bargaining Agreement whether such
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employee is seniority, probationary, temporary or casual employee, irrespective of his status as a member or nonmember of the Local Union, from the first hour of employment subject to this Collective Bargaining Agreement as follows:
Commencing with the first day of August, 19997, the said hourly contribution rate shall be .41 but not more than .40 per week for any one employee.
Commencing with the first day of August 1998, the said hourly contribution rate shall be .76 but not more than .40 per week for any one employee.
Commencing with the first day of August 1999, the said hourly contribution rate shall be .91 but not more than .40 per week for any one employee.
Commencing with the first day of August 2000, the said hourly contribution shall be .06 but not more than .40 per week for any one employee.
Commencing with the first day of August 2001, the said hourly contribution rate shall be .21 but not more than .40 per week for any one employee.
Commencing with the first day of August, 1997, and for the duration of the Collective Bargaining Agreement and any renewals or extensions thereof, the Employer agrees to make payments to the New England Teamsters and Trucking Industry Pension Fund as follows:
(1) The Employer agrees to make contributions up to a maximum of forty (40) hours on behalf of a seniority full-time employee who may be on layoff status during any payroll period but has completed three (3) days of work in that payroll period and;
(2) The Employer agrees to make contributions up to a maximum of twenty (20) hours on behalf of a seniority part-time employee who may be on layoff status during any payroll period but has completed three (3) days of work in that payroll period.
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For purposes of this Section, each hour for which wages are paid or due, or any portion thereof, figured to the nearest quarter hour, as well as hours of paid vacation, paid holidays and other hours for which pay is due or received by the employee, shall be counted as hours for which contributions are payable. In computing the maximum amount due any week, there shall be no daily limit on the number of hours for any one day in such week, whether such hours are performed on straight time or overtime rates, but payments shall be made at the amount set forth above.
If a seniority employee (as defined in the Collective Bargaining Agreement) is absent because of illness or off-the-job injury and notifies the Employer of such absence, the Employer shall continue to make the required contributions for a period of four (4) weeks, for forty (40) hours per week. If an employee is injured on the job, the Employer shall continue to pay the required contributions at the rate of forty (40) hours for each such week until the employee returns to work; however, such contributions of forty (40) hours shall not be paid for a period of more than twelve (12) months.
(b) The Employer agrees to and has executed a copy of the New England Teamsters and Trucking Industry Pension Fund Agreement and Declaration of Trust dated April 11, 1958 and accepts such Agreement and Declaration of Trust, as amended, and ratifies the selection of the Employer Trustees now or hereafter serving as such, and all action heretofore or hereafter taken by them within the scope of their authority under such Agreement and Declaration of Trust.
(c) The parties agree that the pension plan adopted by the Trustees of the New England Teamsters and Trucking Industry Pension Fund shall at all times conform to the requirements of the Internal Revenue Code so as to enable the Employer at all times to treat its contributions made to the Fund as a deduction for income tax purposes.
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(d) It is also agreed that all contributions shall e made at such time and in such manner as the Trustees shall reasonably require; and the Trustees shall have the authority to have an audit of the payroll and wage records of the Employer for all employees performing work within the scope and/or covered by this Collective Bargaining Agreement for the purpose of determining the accuracy of contributions to the Pension Fund and adherence to the requirements of this Section of the Collective Bargaining Agreement regarding coverage and contributions, such audit may, at the option of the Trustees, be conducted by an independent certified public accountant or a certified public accountant employed by the New England Teamsters and Trucking Industry Pension Fund.
If the Employer shall fail to make contributions to the Pension Fund by the twentieth (20th) day of the month following the month during which the employees performed work or received pay or were due pay within the scope of this Collective Bargaining Agreement, up to and including the last completed payroll period in the month for which contributions musts be paid, or if the Employer, having been notified that its contributions to the Fund have been under reported and/or underpaid, fails within twenty (20) days after such notification to make any required self-audit and/or contributions found to be due, the Local Union shall have the right after an appropriate 72-hour notice to the Employer, to take whatever steps it deems necessary to secure compliance with this Agreement, any provision of this Collective Bargaining Agreement to the contrary notwithstanding, and the Employer shall be responsible to the employees for losses resulting therefrom. Also, the Employer shall be liable to the Trustees for all costs of collecting the payments due together with attorneys’ fees and such interest, liquidated damages or penalties which the Trustees may assess or establish in their discretion. The Employer’s liability for payment hereunder shall not be subject to the grievance procedure and/or arbitration if such is provided in this Agreement.
It is understood and agreed that once a payment or payments are referred to an attorney for collection by the Trustees of the New
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England Teamsters and Trucking Industry Pension Fund and/or the Local Union, the Local Union and its business agents or chief executive officer shall have no right to modify, reduce or forgive the Employer with respect to its liability for unpaid contributions, interest, liquidated damages or penalty as may be established or assessed by the Trustees in their discretion against delinquent Employers.
(e) No oral or written modification of this Section regarding pensions and retirement shall be made by the Local Union or the Employer and, if made, such modification shall not be binding upon the employees performing work within the scope of this Collective Bargaining Agreement and covered by this Section or upon the Trustees of the New England Teamsters and Trucking Industry Pension Fund.
(f) All employers contributing hereunder shall post each month at each terminal or other place of business where employees have such access thereto an exact copy of the remittance report from of contributions sent to the Fund.
(g) Whenever an Employer signatory to this Agreement becomes delinquent in contributions owed to the Pension Fund and the Local Union serves a 720hour notice of delinquency set forth in Article 69, Section 1 (d), such Employer, after satisfying the delinquency and becoming current, an then during the term of this Agreement becomes delinquent again, shall be required to post a performance bond to satisfy that second delinquency and/or any further delinquencies during the term of this Agreement.
(h) Disputes or questions of interpretations concerning the requirement to make contributions on behalf of particular employees or classifications of employees must be submitted directly to the Conference Joint Area Committee by either the Local Union or the Trustees. In the event of such disputes or questions, the company shall not be deemed to be delinquent, while the matter is being considered, but if the Conference Joint Area Committee, by majority vote, determines that contributions are required, the Company shall pay to the Trust Fund the amounts due together with any other charges uniformly applicable
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to past due contributions. The Conference Joint Area Committee may also determine whether the Company’s claim was bona fide. In the event that the Conference Joint Area Committee is deadlocked, the matter shall be resolved by the National Grievance Committee.
ARTICLE 70 – CENTER CLERKS
Section 1
(a) All Center Clerks, upon attainment of seniority, will be placed on the part-time or full-time center clerical seniority list, whichever is applicable.
(b) Bidding
Bidding language in the Master Agreement shall not apply. In lieu, thereof, the following shall apply:
Seniority rights of employees covered by this Supplement shall be limited exclusively to the classification of Center Clerk. Center Clerks, provided they are qualified, may in seniority order bid on all new permanent job openings or vacancies in their building.
Section 2 – Wage Schedule
Classification 8/1/97 8/1/98 8/1/99 8/1/00 8/1/01
Center Clerk .76 .36 .96 .56 .26
ARTICLE 71 – MECHANICS AND
MAINTENANCE
This Supplement to the National Master United Parcel Service, Inc. Agreement for the period of August 1, 1997 to July 30, 2002 shall apply to all automotive and maintenance employees, employed by United Parcel Service in the Jurisdiction of Union Locals 191, 443, 493, 671 and 677. Except as otherwise provided herein, the provisions of the New England Area United Parcel Supplement shall apply to said employees.
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Section 1 – Wages and Allowances
(a) All new full-time employees in the Journeyman Mechanics, Journeyman Building/Equipment Repairmen Classification will start at seventy percent (70%) of the applicable rate in effect on July 31, 1997 which will be used to calculate the progression rate for the life of this Agreement. All others will be paid in accordance with the progression in Article 41 Section 2.
Start 70%
Seniority 80%
Seniority date plus 6 months 90%
Seniority date plus 12 months Top Rate
(b) The rate of pay for utility employees will be seventy percent (70%) of the prevailing rate of the Partsman Second Class classification. A new utility employee, full-time or part-time, will start at fifty cents ($.50) per hour less than the above mentioned rate and will receive a twenty-five cent ($.25) per hour increase when gaining seniority and an additional twenty-five cent ($.25) per hour after six (6) months of employment.
Rates Per Hour
Classification 8/1/97 8/1/98 8/1/99 8/1/00 8/1/01
Journeymen Mechanics .04 .64 .24 .84 .54
Journeymen Building/
Equipment Repairmen
Partsmen .65 .25 .85 .45 .15
Partsmen 2nd Class .54 .14 .74 .34 .04
Car Washer .52 .12 .72 .32 .02
Section 2 – Call in Time
Any mechanic who is off duty may be called in for emergency or roadwork with a minimum of four (4) hours’ work or pay at the applicable premium rate.
Section 3 – Tool Replacement
The Company agrees to replace (with national brand name tools)
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mechanics’ hand tools broke or worn out while performing their work assignment for the Employer.
Section 4 – Apprenticeship Program
The Company reserves the right to institute an apprenticeship program.
Section 5 – Subcontracting
The Company will not subcontract work now being performed by employees covered by this Agreement provided:
(a) Trained personnel are available.
(b) The Company has the necessary equipment.
(c) The work can be performed during the regular workweek.
(d) The work can be done as economically and satisfactorily with the Company’s own employees and facilities as would be the case if the work was subcontracted.
ARTICLE 72 – TRAINING
Section 1
To be eligible to qualify for attendance at the Employer’s Trainer’s School, the employee must be seniority, currently performing in the classification in which they will be training, have at least six (6) months experience on that job and an acceptable safety record for the past twelve months.
Section 2
The trainer will be considered qualified upon the successful completion of the employer’s Training School. An employee who does not qualify or who is subsequently disqualified by the employee will remain disqualified for a period of one year. Any disputes concerning qualification or disputes concerning the New
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England Training Agreement will be handled in accordance with the supplemental grievance procedure. Cases deadlocked at the NEAPGC will be heard at the Teamsters/UPS National Grievance Committee.
Section 3
Training will be assigned within separate classifications and separate centers or shifts by seniority to qualified trainers. Full-time employees will train full-time employees and part-time employees will train part-time employees. The only exception will be when both full-time and part-time trainers are working in the same classification and center or shift, where full-time trainer’s seniority will be recognized before part-time trainers for training purposes.
Section 4
A list will be created of those employees wishing to become qualified. This list will be updated on an annual basis. Training jobs will be filled according to seniority from the list as needed and in accordance Paragraph 1 of the National Training Agreement. Once qualified, the employee shall remain a trainer for at least one year and until such time as the employee notifies the Company in writing of their intent to disqualify themselves with thirty (30) days’ notice. Re-entry will require Company re-certification. No employee may have their name removed from the qualified list against their wishes without the prior approval of the District Labor Manager.
Section 5
Whenever an employee works as a trainer for any part of a day, the employee shall be paid $.50 per hour in addition to the employee’s regular rate of pay and shall receive the higher rate of pay for the entire day. Limited incidental and informal follow-up conversations do not apply.
Section 6
When training, trainers will be afforded the opportunity, if requested at the time training is assigned, to work at least the same
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number of hours per week as they averaged in the previous four weeks (December hours will not be included in the computation of hours worked.) If there is no work available in the trainer’s classification, the trainer will work as directed.
Section 7
When a trainer is not being utilized as such, they will perform their regular job at their regular scheduled starting time. Otherwise, trainers will not be required to report to work as trainers more than two hours earlier or two hours later than their regularly scheduled starting time, and in any event, they may not be required to move more than two hours from the previous day’s start.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ______ day of ____________ 19___ to the National Master United Parcel Service, Inc. Agreement and New England Supplement.
For the Employees:
NEW ENGLAND NEGOTIATING COMMITTEE FOR THE EMPLOYEES
Ron Carey, Chairman and General President
Ken Hall, Co-Chair
Robert L. Piccone, Co-Chair
Joseph C. Conlon 25 Terrence Hanlon 340
Ritchie E. Reardon 25 Michael O’Connor 404
Vincent A. Pisacreta 25 Anthony S. Buonpane 443
Alice Riley-King 42 Donald Villa 493
Antone Cruz, Jr. 59 Ronald Rabideau 597
John Millett 170 Leo D. Kelly 633
Carl Gentile 170 David Craig 653
William M. Miley 170 Gerald F. Gross 653
Joe Bennetta 191 Dave Lucas 671
Kevin Reddy 251 David Randolph 671
Ken Eaton 340 Jay Gilmore 677
FOR THE COMPANY – UNITED PARCEL SERVICE
U.P.S. New England Negotiating Committee
John Fitzgerald – Chairman
Joe Maloney Joe Burk
Marc Nadeau Tom Flynn
Nick Reut Lee Smith
Bob Ritchie Joe Spallina
Bill Leanues
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IN WITNESS HEREOF, the undersigned do duly execute the United Parcel Service I.B.T. New England Supplemental Agreement which is to become part of the National Master United Parcel Service Agreement.
FOR THE UNION
LOCAL UNION NO.____________ affiliated with the International Brotherhood of Teamsters.
By_________________________________________________________________
(signed)
Its__________________________________________________________________
(title)
FOR THE COMPANY
By___________________________________________________________________
(signed)
Its___________________________________________________________________
(title)
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INDEX TO THE NEW ENGLAND AREA
SUPPLEMENTAL AGREEMENT
FOR THE PERIOD:
August 1, 1997 through July 31, 2002
ARTICLE PAGE
NEW ENGLAND SUPPLEMENT 141
ARTICLE 45a – EMPLOYEES COVERED 141
ARTICLE 46 – LEAVE OF ABSENCE 141
Section 1 – Time Off for Union Activities 141
Section 2 – Leave of Absence 141
Section 3 142
ARTICLE 47 – MAINTENANCE OF STANDARDS 143
Section 1 – Protection of Conditions 143
Section 2 – Extra Contract Agreements 143
Section 3 – Work week Reduction 143
Section 4 – New Equipment 144
ARTICLE 48 – GRIEVANCE PROCEDURE 144
Section 1 – No Strikes – No Lockouts 144
Section 2 – Grievances 144
Section 3 – Approval by Parcel and Small Packages Division 146
Section 4 – Illegal Strikes 146
Section 5 - Examination of Records 147
Section 6 – Health, Welfare and Pension Contributions 147
ARTICLE 49 – UNIFORMS AND PERSONAL APPEARANCES 147
ARTICLE 50 – PAYROLL PERIOD 148
ARTICLE 51 – COURT APPEARANCE 148
ARTICLE 52 – TIME RECORD 149
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ARTICLE 53 – BREAKDOWNS/IMPASSABLE HIGHWAYS
EMERGENCIES 149
Section 1 – Breakdowns and Impassable Highways 149
Section 2 – Emergencies 150
ARTICLE 54 – AIR CONDITIONING 150
ARTICLE 55 – PART-TIME EMPLOYEES 150
Section 1 150
Section 2 – Part-time Bid 151
Section 3 151
Section 4 151
Section 5 152
Section 6 153
ARTICLE 56 – SUPERVISORS WORKING 153
ARTICLE 57 – SENIORITY 153
Section 1 153
Section 2 – Bidding 154
Section 3 – Layoff 156
Section 4 – Other Applications of Seniority 158
Section 5 – House Concerns and Acquisitions or Purchases 159
Section 6 - Loss of Seniority 160
Section 7 – Military Clause 160
Section 8 – Posting of Seniority List 161
Section 9 – Opening or Closing – Operating Centers, Subcenters or Hubs 161
ARTICLE 58 – OTHER BUSINESS 163
ARTICLE 59 – DISCHARGE OR SUSPENSION 163
ARTICLE 60 – SUNDAY – HOLIDAYS- SICK LEAVE 164
Section 1 164
Section 2 165
Section 3 165
Section 4 165
Section 5 166
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Section 6 – Personal Holidays 166
Section 7 – Sick Leave 167
Section 8 – Options 167
Section 9 – Disciplinary Action 168
ARTICLE 61 – VACATION 168
Section 1 168
Section 2 170
Section 3 170
Section 4 171
Section 5 172
Section 6 172
Section 7 173
Section 8 173
Section 9 – Summer Vacation 173
Section10 173
Section 11 174
ARTICLE 62 – EXAMINATION AND INSPECTION FEES 174
Section 1 – Examination 174
Section 2 – Injury on the Job 174
ARTICLE 63 – OTHER EQUIPMENT 175
ARTICLE 64 – BREAK PERIOD 175
ARTICLE 65 – FEEDER 175
ARTICLE 66 - HOURS OF WORK AND OVERTIME 177
Section 1 177
Section 2 178
Section 3 178
ARTICLE 67 – WAGES AND ALLOWANCES 179
Section 1 179
Section 2 179
Section 3 179
Section 4 180
Section 5 – Helpers 180
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Section 6 – Wage Schedule 180
ARTICLE 68 – HEALTH AND WELFARE 181
Section 1 181
Section 2 181
Section 3 184
ARTICLE 69 – PENSION FUND 184
Section 1 184
ARTICLE 70 – CENTER CLERKS 189
Section 1 189
Section 2 – Wage Schedule 189
ARTICLE 71 – MECHANICS AND MAINTENANCE 189
Section 1 – Wages and Allowances 190
Section 2 – Call in Time 190
Section 3 – Tool Replacement 190
Section 4 – Apprenticeship Program 191
Section 5 – Subcontracting 191
ARTICLE 72 – TRAINING 191
Section 1 191
Section 2 191
Section 3 192
Section 4 192
Section 5 192
Section 6 192
Section 7 193
NEGOTIATING COMMITTEE 194
SIGNATURE PAGE 195
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This is one of my favorite images
This is my good friend Hal. I took this picture on his birthday. I think he likes to be in pictures. |
