10.00 or 10.01 gor 9.5 violation

Brown287

Im not the Mail Man!
10:30.... is 10:30.

Even the old SPARCS program recorded it accurately.


I've used this argument in 9.5 hearings.

UPS: "He was only 1 minute over 9.5. That shouldn't be a violation."


ME: "Is NDA late @10:31am.... and, with no threats of discipline ?"
I’ve been in meetings where management is claiming that since they tried to send help that the driver’s 5 minute violation shouldn’t count. I always remind them that if they managed things better that the work wouldn’t of ever been on the drivers truck.

I always remind them that regardless of 1 minute or 1 hour, a violation is a violation.
 

AKCoverMan

Well-Known Member
Hours worked and 9.5 on the dot is technically a violation is what I’ve always been told.
Getting back to the OP.. on the dot 9.50 hours worked is not a violation if you read NMA Art 37 Sec 1(c) the third paragraph lays it out:

“Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in the workweek.” There has to be a line somewhere. 9.50 is toes on the line but it takes 9.51 or better to be over the line.

But I love the analogy of the NDA at 1031. 🤣

To take it further, when management complains that one of a drivers three 9.5 “strikes” during the week are just barely over 9.5 I remind them that a 9.5 driver is ideally looking for no overtime so the company is missing the mark by over 90 mins not just a few minutes.
 

Brownslave688

You want a toe? I can get you a toe.
Getting back to the OP.. on the dot 9.50 hours worked is not a violation if you read NMA Art 37 Sec 1(c) the third paragraph lays it out:

“Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in the workweek.” There has to be a line somewhere. 9.50 is toes on the line but it takes 9.51 or better to be over the line.

But I love the analogy of the NDA at 1031. 🤣

To take it further, when management complains that one of a drivers three 9.5 “strikes” during the week are just barely over 9.5 I remind them that a 9.5 driver is ideally looking for no overtime so the company is missing the mark by over 90 mins not just a few minutes.
Of that they had two other chances to rectify the situation.
 
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