22.3 Facts/Origins

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Ohio UPSer

Guest
In Ohio the jobs are bid by classfication. A 22.3 job is friend/T classfication..thereby anyone friend/T has senority for the position over anyone P/T...even if they have just 1 year of friend/T senority compared to a person with 20 of P/T senority. Yes, drivers have taken these jobs.
 

brett636

Well-Known Member
In my hub the hierarchy goes parttime, 22.3, fulltime inside, package car, feeder. The precedent seems to be here that you can bid up into a higher classification (parttimer going 22.3, or 22.3 going into package car), but you cannot bid down to a lower classification(package car driver going 22.3).
 

Bill

Well-Known Member
I have a problem being a 22.3 full timer. How come I don't make the same rate as a "TRUE" full timer??? And i'm sure people will respond by telling me I didn't have to take the job...I've heard that already folks....I have even had a high management person tell me it's only a difference of like 5000 dollars after taxes, I should have told him if it's "ONLY" that small of a difference then you can make up the difference out of your own pockets...
This is the UPS management way to save money. I personally don't think it is right, but the Teamsters have sold you out again. When a full time driver either retires or goes into a feeder position, he/she is replaced with a 22.3 job. This person who does the 22.3 job is doing the same job as a full time driver, but receiving less pay. When I went to feeders, I was replaced with one of these 22.3 jobs. The driver doing my package route was paid less for 3 years. I confronted him with this, but he said that he didn't want to file a grievance for back pay because of fear of losing his job. The Teamsters should stand up to UPS and stop this practice, but they don't. The Teamsters have also sold out all the part time employees by reducing their pay to $8-9 an hour. Part timers made more in 1985 when the cost of living was alot cheaper.
 

gandydancer

Well-Known Member
I have a situation in my building ("San Bruno" enter, South San Francisco) where early start work (setup and operation of a out-of-building air sort and susbsequent shuttle) until recently performed by high-seniority part timers was combined with "work as directed" (turned out to be rewrap work) into new 22.3 jobs, filled by full-timers.

Now, 22.3 reads, in part, "The commitment shall include the obligation to create at least ten thousand (10,000) new full-time jobs FROM EXISTING PART-TIME JOBS...No part-time employee shall be laid off OR SUFFER THE LOSS OF A JOB as a result of creating a full-time job under this Article...the Employer shall provide a quarterly report...containing the location of each job created...and the identity of the jobs combined to create the positions."(emphasis added)

Now, as I read that, the campany can't reassign work being performed by an existing part-timer to a new 22.3 job unless he's the one that takes the new combo job (what happened to me in 2000) or otherwise voluntarily takes another job. Am I missing something? What's the practice elsewhere?

The Local seems to be grieving on the basis that they weren't properly notified what existing 2nd job became the "work as directed" part (and there weren't any before with those hours), ignoring the basis (no loss of job allowed) I suggested one of the part-timers grieve, and if they succeed and the company can't cure it this may all be moot. Still, I'd like the input.
 

Fredless

APWA Hater
ahh the days when I could air drive other than Saturdays before the friend/T drivers came and took the 22.3 jobs and bumped all of us out. Now the full timers at my center cry that they can't work Saturdays. This is the reason why I work my ASS off on Saturdays...the area I have done for the past year is rual and very spread out, and it took 2-3 drivers to make the commits before I started doing it.

I do this on purpose so they don't give the full timers a chance to get their foot in the door on Saturdays unless some dire emergency as our hub has a deal thats been going on for at least 7-8 months now that NO full timers except two 22.3's who do tuesday-saturday air work, work on Saturdays. Part timers are getting crapped on so bad at my hub, we used to get the scraps from the full timers table and now they're trying to take that away from us! For some of the females that work on Saturdays, its their only way to make any extra money because they're older and simply can't take the abuse of full time driving! When will the union and majority of the full timers get that through their HEAD. NOT EVERYONE wants to be a friend/t driver or they physically CANT do it...but in their eyes, SCREW them, they need to be full time drivers like them. So that means these people should be excluded forever from full time job opportunities? Talk about unity.:mad:

Anyway, off rant, back on topic - we got screwed the same way here. All of the bid air drivers got banished back to preload, took a pay cut etc. I had one 22.3 that works at our customer counter say "man what do you do? it looks easier than the counter. I want YOUR job."

Great...now these *******s want to take the ECS clerk job away from us...when will it stop? I did my time, I had to wait to bid into the ECS clerk job..hell it took me longer to get a bid acknowledgement for reload ECS clerk than it did for full time driving. Its seems to be the theory, at least at my hub, that the 22.3's want ALL the easy/easy jobs and the only jobs left for the part timers will be sort aisle, unload/reload and preload because those lazy asses won't take those jobs! And what pisses me off, its NOT old senior drivers taking the 22.3 jobs, its low seniority full time drivers who haven't reached top pay yet who just want an easy job for the same money..and then screw off all night because they have full time seniority!
 

Overpaid Union Thug

Well-Known Member
ahh the days when I could air drive other than Saturdays before the friend/T drivers came and took the 22.3 jobs and bumped all of us out. Now the full timers at my center cry that they can't work Saturdays. This is the reason why I work my ASS off on Saturdays...the area I have done for the past year is rual and very spread out, and it took 2-3 drivers to make the commits before I started doing it.

I do this on purpose so they don't give the full timers a chance to get their foot in the door on Saturdays unless some dire emergency as our hub has a deal thats been going on for at least 7-8 months now that NO full timers except two 22.3's who do tuesday-saturday air work, work on Saturdays. Part timers are getting crapped on so bad at my hub, we used to get the scraps from the full timers table and now they're trying to take that away from us! For some of the females that work on Saturdays, its their only way to make any extra money because they're older and simply can't take the abuse of full time driving! When will the union and majority of the full timers get that through their HEAD. NOT EVERYONE wants to be a friend/t driver or they physically CANT do it...but in their eyes, SCREW them, they need to be full time drivers like them. So that means these people should be excluded forever from full time job opportunities? Talk about unity.:mad:

Anyway, off rant, back on topic - we got screwed the same way here. All of the bid air drivers got banished back to preload, took a pay cut etc. I had one 22.3 that works at our customer counter say "man what do you do? it looks easier than the counter. I want YOUR job."

Great...now these *******s want to take the ECS clerk job away from us...when will it stop? I did my time, I had to wait to bid into the ECS clerk job..hell it took me longer to get a bid acknowledgement for reload ECS clerk than it did for full time driving. Its seems to be the theory, at least at my hub, that the 22.3's want ALL the easy/easy jobs and the only jobs left for the part timers will be sort aisle, unload/reload and preload because those lazy asses won't take those jobs! And what pisses me off, its NOT old senior drivers taking the 22.3 jobs, its low seniority full time drivers who haven't reached top pay yet who just want an easy job for the same money..and then screw off all night because they have full time seniority!

I just can't get over how combo workers bid on and take a 22.3 and then never work the required shifts they are supposed to work. They only take the jobs simply because they can. They don't want someone with less seniority to have something even if they really don't want it themselves. I sometimes have to run EAMs that are nowhere near the route I'm on while the preload/air driver just goes home when preload is down. I don't mind running the air but it totally sucks sometimes when I'm also running a full route that day.
 

gandydancer

Well-Known Member
All of the bid air drivers got banished back to preload, took a pay cut etc.

This what I'm not understanding. The language I quoted ("No part-time employee shall be laid off OR SUFFER THE LOSS OF A JOB as a result of creating a full-time job...") certainly seems to say no bid air driver should lose his job to create a 22.3 job. Did any of them grieve on that basis? Have you talked to your BA about whether losing your ECS clerk job to one shift of a new 22.3 contravenes that language?

If the language I quoted is now universally ignored, the way I think it would have to work is: (a) UPS would create a 22.3 from your job and another existing pt job; (b) The new combo job would go up for seniority bid by fulltimers -- partimers couldn't bid for it until the fulltimers had passed on it. The point being that the customer counter clerk (assuming he's a combo 22.3) couldn't just bid for your shift, keeping his other -- he'd be bidding out of both his shifts into two new jobs.

E.g., my 22.3 has a NUMBER on the reports, and two parts: "Capture" (ODC) on Twilight and "Hub Sort" (loading, in my case) on Night. Despite the generic name for the night work I'm told that there's precedent to say I can't even go from loading to main sort (which would also be called "Hub Sort" on the report, I believe) without bidding into a different numbered 22.3... I'm trying to confirm this...
 

Fredless

APWA Hater
What happened at my center was they had 7 bid air routes. Can't say how many in the other two centers at my hub, but I hear its the same..anyway, all 7 BID air drivers got bumped back down to preload or reload, they had a choice. They could also exception air drive on saturdays and on an as needed basis by seniority of course in case one of the 22.'3s called out.

Those 7 bid air routes are now 22.3 jobs. They're mostly EAM/Air drivers and then sweep the floor or whatever to make up a few hours or preload/air drivers. They simply converted them to 22.3's

Same thing for the customer counter jobs, they simply converted them to 22.3's and it so happened that the two 22.3 jobs were needed, because just before the move two people bid out of the counter. If they had not by choice bid out, the two lowest seniority customer counter clerks would have been bumped back to reload or preload.

If you're saying what happened at my hub is wrong, let me know if its being done differently at your hub/center. If thats the case, I WILL take off work on Saturday's April union meeting and raise bloody hell. I'm also going to tell as many part timers at night as I can, and try to get as many as possible to come to the union meetings. I just hate to go to a union meeting and miss out on an easy 80+ dollars on a saturday and not have anything to stand on.
 

Cezanne

Well-Known Member
Work your Saturday, do not even bother to go down to the hall and voice your grievance. Creating full time jobs is the number one priority for the international now, who is going to provide the funds necessary to fund their pension and health and welfare plans. All our part time clerical positions were absorbed into these 22.3 combos, it goes like this one half of the full time hours are hard physical work and the other are so-called easier. Same thing is going on with part time air drivers, they will go the same route as the clerks.

The contract says that you will not lose a job if your work is taken from you. The company will provide work in another classification were you can use your seniority to bump out a junior employee. No harm, no foul would be the principle as far as monetary or benefits, you carry your seniority with you with all that provides.
 

Fredless

APWA Hater
Thats what I figured, they aren't laying as off, just sending us back to the hard work we thought we put our time in to bid out of.

That seems to be the mentality of this company and Union. Just take it in the rear and don't question it, the ones at the top wreap all the rewards.

Theres a union steward (driver) trying to eliminate all cover driver posistions as well...that I can understand because most of them are being placed on routes none of the full timers want and they are used day in and day out on the same routes which is not the purpose of a cover driver.
 

Dixie Doll

The Hell You Say
Question regarding the Menlo acquired air hubs. I've heard rumors from 2 different sources that UPS is closing them because none of them are profitable?? Any inside info??
 

gandydancer

Well-Known Member
...If you're saying what happened at my hub is wrong...I WILL take off work on Saturday's April union meeting and raise bloody hell.... I just hate to go to a union meeting and miss out on an easy 80+ dollars on a saturday and not have anything to stand on.

What's been done in your centrer contradicts the plain language of the contract, but whether the union will back you up I can't guarantee. Again, let me quote 22.3: "No part-time employee shall be [a]laid off orsuffer the loss of a job as a result of creating a full-time job."("[a}" & "" added). The point is that must have a different meaning than [a], else why say "or"? If you lose your clerk job you've "suffer[ed] the loss of a job" even if you stay employed by UPS.

What happened with the two clerks who vacated is how a 22.3 is supposed to be created: their jobs can appear on the report to hall along with a pair of hub vacancies to make two new numbered combo jobs, with no existing parttimer losing his job.

I'm still trying to figure out what's happening in my center. The union grieved the three new 22.3's on the grounds of not being properly notified which jobs had been combined and it deadlocked at the first panel level. One 22.3 is working as bid, bumping a pt with ~25 yr seniority, one pt (~30 yr seniority) gave up his early start to start his summer hs coaching gig, one pt (~25?) kept his early start throughout and is now again starting at the remote, one 22.3 isn't working the job he bid on and is getting the early start...but as an unloader! I'm not sure about the third 22.3... but those three are, I think, being cut out after 8 hr (say 1:30am), wheras I've always worked to 3am plus... A couple times they've tried to cut me out on the grounds that I'm making ot and the new hires aren't (not in the contract!), and I've grieved on the grounds that once the newbies have made their guarantee (they've never tried cutting me out early enough for that not to be true) they need to cut workers out of an area in seniority order -- only lasted a week each time, and I won back pay a prepanel once and the other grievance disappeared without a trace... and then there's the 22.3 who has to take a two hour lunch because he signed the bid that way, despite the contract saying the lunch must be no more than an hour. And then there's the way jobs that were created easy/hard have somehow become easy/easy. And the couple guys who went 22.3 in 2000 and got two years back pay, but have never worked two shifts. And... there's more. It's a mess. But, even if you don't go to the meeting, you should at least get an explanation from your BA of why you might lose your clerk job when the contract says that can't happen!
 

Fredless

APWA Hater
I think you and I are talking about a grey area of the contract. I like to think of our contract as similar to the Bible or Qur'an. Its all in how you interpret it. You'd think after 40+ years they'd learn to make it as black and white as possible.

I'll tell you exactly what my B.A. is going to say about what you're quoting from the master agreement. He's going to say, "Fred, theres been no job loss. No one has been laid off. They still have a job, they're still getting 3.5 hours a shift."

If I get bumped out of my ECS clerk posistion, theoretically, I'll just be bumped down to unload/reload. I won't take a pay cut, I'll just have to work a lot harder for my 10.00 an hour than I was used to and I'll just get the gurantee every night and not at least 4 hours as an ECS clerk.

However, the bid air drivers are the ones who got screwed on this. They didn't keep their 12.50+ an hour for air driving, they got busted down to whatever their inside rate would have been..and for some of them, that was around a 4 dollar an hour paycut. They had a choice to go to reload or preload and I think all of them chose preload so they could at least hope to get exception air work. They might have a greivance on that because they lost pay, they however did not lose their "jobs".

You see how that can be interpreted? It's not that I'm trying to shoot you down, I'm on yourside by all means its just that I don't like going into a firefight, which this will surely be, without the best footing I can get and all my ducks in a row so I don't look like a fool (or at least that big of one).
 

gandydancer

Well-Known Member
I think you and I are talking about a grey area of the contract....

I think it's pretty black-and-white, so it's puzzling and a bit discouraging that I can't even convince you of that. But I guess I'm glad for the opportunity to refine my argument to make it clearer. Try this:

(1)Granted, "job" has multiple meaning in the dictionary. But the relevant sentence reads that neither layoff nor job loss will occur, ergo layoff and job loss are two different things.

(2)Another 22.3 sentence I quoted talks of two "jobs" being combined into one "position", and I've seen part of the numbered list of 22.3 "positions": My own "position" has two such "jobs" - "capture" and "hub sort". If the company creates a position from, say, an "ECS" "job" and "hub sort" "job" and you lose the work you bid for and have to take up unload/reload, you have been involuntarily moved from what the contract calls one "job" to another "job". So you've lost your "job", haven't you?.

So, how long ago did the pt air drivers lose their jobs?

I don't think you should let your BA argue that the text is unclear, but he may be able to come up with a national panel or arbitrators decision rendering the text a dead letter. Precident is precident, even if wrong.
 
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Fredless

APWA Hater
The bid air drivers were bumped back to preload at least 6 months ago. I will bring that up with my business agent and tell you his replies when I get a chance to meet with him.

As I said, don't take it that I'm arguing with you directly believe me, I like what you're saying and I'm on your side, but you have to see that there is an arguement.

Job loss to the union is a lay off or termination.
 

gandydancer

Well-Known Member
...you have to see that there is an arguement...Job loss to the union is a lay off or termination.

I understand that as a matter of ordinary speech "job loss" could be understood to mean "lay off or termination", but as a matter of contract exegesis that interpretation is completely refuted by the "or" phrase in 22.3. If by "the union" you mean your BA or steward you just have to keep pointing to "No part-time employee shall be LAID OF !or! SUFFER THE LOSS OF A JOB..." until they acknowledge it. You have a job working for UPS and your bid job at UPS is ECS clerk. The contract says you shouldn't lose either.
 

Fredless

APWA Hater
I just got off work, and spoke to two of the former bid air drivers. The union stewards and BA told them they never should have had those bid air jobs to begin with, and that they should have ALWAYS been full time work.

I got back from my EAMs, noticed the division manager was there. I spoke to him and asked when did the bid air routes come into effect, he said the early 1990's and the 22.3's were not even thought of until the late 1990's. So if we're going to play the seniority game, the 22.3s were in the wrong to bump all of the bid air drivers out! Two of them took a $3 an hour paycut..to a part timer, thats a lot.

I spoke to a preloader today and she is EXACTLY what I was looking for to spread the word in preload. She is a single mother, mid 30's or so and about 5'2" - I want to see her making 9.5 while driving around a P1000 on an industrial route that "everyone else" had to start out at. Most of the packages probably would weigh more than she does. She admits, she simply CAN NOT be a full time package car driver - she could however be a preloader (like she is now) and air driver or porter etc.. But she'll never GET that chance because she will never be a full time driver. She has volunteered to pass around a petition to all dues paying members so I can address it with the union hall. I'm also going to speak to the BA about how can I help get the reload part timers involved in the union because a lot of them have never been asked to join the union. During our reload we maybe once or twice a year see the BA show his face at night and we have 1 steward at night.

She takes what exception air work but if a preloader 22.3 decides he wants to work that day, snatch its gone - but I told her we have much bigger fish to fry right now, and that will always be the nature of the beast.

Anyway, I'm seeing your point now gandy and I'm going to start getting the ball rolling on this. The fault of this is our own - the part timers apathy...its going to take some time, but I'm going to start by asking them if they're even union members yet and if not, get them into the union. If not, I have no interest in their gripes.
 

gandydancer

Well-Known Member
22.3 began with the '98 contract and wasn't implemented until the latter half of '00 as a result of an arbitrator's decision (I got 2+ years differential back pay and ft building seniority backdated to '98, though I lost my '89 pt seniority for all purposes except tie breaking... the latter being a whole different can of worms, as the seniority issue was handled differently by different buildings, I understand). Dunno when air driving (Article 40) came into the contract, but it says the following: "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." So I don't know where the BA and stewards got the idea that air driving was always supposed to be ft work -- the contract expressly contemplates pt air drivers. And, as with 22.3, the triggering mechanism for the work of the pt "job" to be available for creating a ft job is that the (pt) DRIVER vacate the job, not that the COMPANY kick him out.

Do you have links for online versions of the contract? The web-based TDU version is good for quoting, but their pdf was buggy the times I downloaded it (searches would die). But I just found a non-buggy pdf version at NABER... I'd give the urls, but that would trigger a hold on this post. I've put the links up at a Yahoo Group I'm starting (independently) for my local called TransparencyProject, but I can't give you the url for that either, for the same reason. *SIGH*

So, you're in a right-to-work state... At least you have a steward. I ran across another thread here ("can't be a steward? ")where the reload (is that same as Hub?) in a right-to-work state hadn't had a steward for four years and management was canvassing (PCM!) for one (just in case someone knew they didn't have to talk to management without a steward present?)... but nixed the poster when he volunteered because he wasn't friendly enough with management. And the BA, when confronted by the poster, nixed electing anyone for that shift because he already had three driver stewards (our stewards don't even get their dues paid, but I guess that local does pay something...else why?). WTF! Absurd! Unbelievable!
 
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