Contract Enforcement Resources

Know Your 9.5 Rights

Enforcing Your 9.5 Rights

Our union contract includes language to help package drivers enforce their 9.5 rights against unwanted excessive overtime.

Enforcement pays off. Members have won penalty pay at triple time for excessive dispatch and gotten their loads adjusted.

Here’s a step-by-step guide for enforcing your 9.5 rights.

Get On the 9.5 List

The first step is to get on the 9.5 list.

During the pandemic, UPS suspended the requirement to re-sign the 9.5 list. Starting June 15, 2022, drivers must sign on to the 9.5 list every 6 months.

If you worked more than 9.5 hours on three days in one work week, then you qualify for the 9.5 list. (There are exceptions for cover drivers. Read more about those.) LINK TO COVER DRIVERS AND 95

Download and fill out a 9.5 List Opt-In Request Form.

Then go with your steward to talk with your Center Manager and get your name on the 9.5 list.

 

Meeting with Management

The steward should bring a copy of the 9.5 Rights Documentation Form to your meeting with the Center Manager.

If the Center Manager denies your right to get on the 9.5 Opt-In list, document that fact and their reasons why on the 9.5 Rights Documentation Form.

Then file a grievance saying that the company violated Article 37 by failing to add you to the 9.5 Opt-In list after you had worked more than 9.5 hours on three days in one work week.

 

Filing 9.5 Grievances

Once you are on the 9.5 list, you should file a 9.5 grievance whenever you are over-dispatched and work more than 9.5 hours three times in a work week.

Depending on the circumstances, a 9.5 grievance can be settled by management adjusting your load, management paying triple time pay for your hours worked over 9.5, or an agreement for triple time penalty on the next violation.

If management refuses to resolve the grievance, it can be taken to the next step which is the grievance panel.

Management frequently stonewalls and delays to try to frustrate drivers out of filing 9.5 grievances. Stick with it. Eventually, you will get your penalty pay.

22.4 Facts

Taking on Supervisors Working & Grievance Tips

Supervisors aren’t helping us when they do bargaining unit work. They’re taking money out of our wallets. Members lose out on the opportunity to work extra hours—even overtime.

UPS has to pay members who file a grievance double-time pay for supervisors working violations.

UPS members are winning thousands of dollars in Supervisors Working grievances. You can too.

This article will help you stop supervisors working and make UPS pay for violations.

Click here to download Tips for Making UPS Pay for Sups Working.

Step One: Talk to the Supervisor Who’s Working.

When you see a supervisor working, the first step is to ask them why.

On the grievance form, write down the name of the supervisor or manager who was talked to about the violation.

Usually supervisors will make an excuse about why they’re working (someone has gone to the bathroom, or absenteeism.) Whatever the excuse is, write it down so we have a record and they can’t change their argument later.

 

Step Two: Offer to Do the Work.

Ask the supervisor to be able to do the work or ask the supervisor to leave it so that you, or the most senior union employee who wants the work, can do it later.

Write down what the supervisor says, so we have a record if they refuse to give the work to a union employee. (Note: Write your notes off the clock.)

 

Step Three: Document the Violation

To win the grievance, we need a record of the basic facts. Documenting a sups working violation is not hard. Just make sure to include the five W’s:

Who was working?

What work were they doing?

Where were they doing it? (Which box line or work area etc.)

When did they start working and when did they stop? Including starting and stop time will give management less wiggle room to debate how long the supervisor worked.

Witnesses, if any. Witnesses aren’t required but having them strengthens your case.

Once you’ve documented these facts, talk to your steward about filing a grievance.

If you’re nervous about filing a grievance yourself, talk to your steward or business agent about filing the grievance on your behalf.

 

Can This Work?

Let’s be honest. The problem of supervisors working has been around for a long time. And we won’t eliminate the problem overnight.

UPS members can and are making a difference—and they are collecting thousands of dollars in penalty pay.

Working together is the best way to succeed. Work with other members, stewards, and your business agent. When more members are filing, you’re more likely to tackle the problem.

 

What Does the Contract Say?

Article 3, Section 7 of the National Contract says that the company shall not “send any employee home and then have such employee’s work performed by a supervisor” and that the company must “maintain a sufficient workforce to staff its operations with bargaining unit employees.” (Article 3, Section 7—National Contract)

If you see a supervisor working, make a note of any members who were sent home early. That information will make it harder for UPS to blame absenteeism for the fact that supervisors were doing our work.

Article 3, Section 7 also says that the company shall “exhaust all established local practices to first use bargaining unit employees including double shifting, early call-in and overtime.”

If management did not ask members to double shift, come in early or work overtime, then they don’t have an excuse for supervisors working.

Fight Harassment & Protect Yourself on an OJS

INTRO TK TK 

1) Don’t Make it Easy for Management

You know the cardinal sins. Don’t commit them. Take your breaks and lunch according to the contract. Sheet every package in your truck and do it accurately. Make sure to be at the customer's address when making DIAD entries. Don’t turn late Air or a missed package into a dishonesty issue. If management is coming after you, don’t make it easy for them.

 

2) Don’t Overreact

Supervisors use harassment as a strategy to get results. If it’s not working, they’ll stop wasting their time on you.

Try not to let management get under your skin—and never let them know it when they do.

If you turn into a runner after you get called into the office, you’re teaching your manager that harassment works. Work safe and smart. Practice following the methods every day.

 

3) Be Strategic In the Office

If you get called into the office, always bring your steward. Management’s goal in the office is to pressure you, get a rise out of you, or fish for information. Be strategic.

Answer management’s questions with clear, simple answers. Whether they’re fishing or trying to goad you into reacting, don’t take the bait. Keep your cool and never make up an answer. If you don’t know or don’t remember, just say so.

When you leave the office, document what happened while it’s still fresh in your mind.

 

4) Put the Problems Back on Management

Inform management of unusual situations that come up. Send a DIAD message if there's a problem with your Air, if you need help with your pickups, or if you will have missed pieces. Don’t take shortcuts or count on supervision to always look the other way. Put the problems back on management and work as directed.

 

5) Don’t Let Them Dirty Up Your Record

If you get a warning letter or other discipline, grieve it right away. If you get in more trouble later, a grievance panel or an arbitrator will hold it against you if you haven't challenged previous warnings.

 

6) Document Everything

Document your day with a Package Car Log Book, a notebook that fits in your pocket or on your smart phone.

Keep track of your stops, pick-ups and any circumstances that affect your production, like being sent off route, changes in your work, construction, bad traffic, etc. Use your smart phone to take pictures of DIAD messages or summary screens for documentation.

Management is less likely to pick on the drivers who keep track of their days. When they know you’re prepared for them, they tend to leave you alone.

 

7) Track Management & Use that Smart Phone

If a supervisor gives you an instruction that violates the methods, make a record of it. If you get an inappropriate message on your DIAD board, take a photo and save it.

 

8) File Harassment Grievances

If management is trying to build a case against you, you need to build a case of your own. If you’re being targeted by management, it’s too late to fly under the radar. File grievances and build a paper trail. Especially useful are well-documented, clear instances of harassment, discrimination, or instructions that violate UPS’s own policies and procedures.

Include in your remedy that you want a record of the incident to be retained in your personnel file.

 

9) Back Up Your Grievances with Information Requests

Article 4 requires the company, upon request, to provide the local union or designated shop steward with documents and information that is “reasonably related” to a pending grievance.

Managers that issue frivolous warning letters are sending the message that they love paperwork. So put them to work producing more of it for the union's grievance investigation.

 

10) Strength in Numbers

If you're being harassed, odds are you're not the only one. Talk to your steward or other drivers and work together. If you see a driver who's feeling the heat, help them out before they get to the breaking point. Teamsters are stronger standing up to harassment when we work together.

You have the right to use the bathroom when you need to, just like on any other day. Don’t let the supervisor discourage you from using the bathroom or try to limit you from going only on break time.

You have the right to get a drink if you’re thirsty. Follow UPS methods to stay hydrated.

You have the right to work safely, without distractions. If the supervisor talks to you while you’re driving you have the right to inform him that his actions are distracting and therefore unsafe to yourself and the general public. If the supervisor walks on your heels, you have the right to stop and respectfully communicate that you are working with urgency and purpose but also need space to perform your job safely.

You have the right to do bargaining unit work. If the supervisor handles packages, opens doors, or assists you in any way, then the OJS cannot be used in determining a fair day’s work. Take notes if this occurs.

You have the right to choose your meal time, as long as it is between Noon and 3 PM.

You have the right to work free of harassment. If over-supervised or harassed, document it.

 

ON YOUR OJS, REMEMBER TO:

  • Do your complete pre-trip and post-trip inspections.
  • Completely stretch after your first delivery stop and at the end of your meal period.
  • Keep your same routine as normal. Work at a safe, sustainable pace. Don’t rush or take shortcuts.

 

Follow all UPS delivery methods, including:

  • Follow the posted speed limit at all times, including on UPS property and in other parking lots.
  • Wear your seatbelt and use three points of contact when entering or exiting the vehicle.
  • Use proper body mechanics when lifting. Get close to the package. Bend with the knees.
  • Backup only when necessary. Scan and size up the area before backing. If in doubt, get out and look. Tap your horn repeatedly to signal your intentions.
  • Walk on walkways and driveways in residential areas. Don’t cut across the grass.
  • Send messages on the DIAD as you normally would. Don’t take shortcuts from your normal routine that will artificially inflate your SPORH.