Re: 9.5 Can't File. B/C I don't have a RT. Why do I pay Union Dues?? Separte But Equa
I honestly wish you the best. You are correct in your assertion that the NMA does not state that Cover Drivers/Utility Drivers/Extended Drivers or any other drivers are excluded from the language; HOWEVER, it does contain the following language in Article 37:
The 9.5 committee shall also have the authority to adopt guidelines
to ensure that this Section is implemented in such a way as to balance
the Employer’s need to protect the integrity of its operations
with an employee’s legitimate need to avoid excessive overtime.
In other words, additional understandings can be reached between UPS and Teamsters in accordance with the NMA. There is explicit black and white language in the NMA that has not been implemented in my Center and the language will NEVER be implemented in my Center because the Teamsters agreed to guidelines that thoroughly gutted Article 37 (e.g. there is no "Opt In/Opt Out List").
In addition to "guidelines" from 9.5 Committees, there are Memorandum of Understandings (MOUs), Regional Supplements, Local Riders, and Addendum that may be in effect in your jurisdiction that would not be account for in the NMA. Furthermore, there are panel decisions that may have to be taken into account. The end result of which is that reading the NMA will likely get you no closer to understanding what rules are
actually in effect for 9.5 in your jurisdiction.
My understanding (my understanding may be incorrect) is that there is a precedent setting Panel decision (in the Western Region jurisdiction at a minimum if I understand correctly) that prevents full-time Cover Drivers (in the Western Region at a minimum) from using Article 37 of the NMA.
In a Brown Cafe thread about 9.5 and Extended Drivers, Jon Frum posted a link to the
Article 37 (9.5) Guidelines (
http://makeupsdeliver.org/wp-content/uploads/9-5-guidelines.pdf ). That particular copy of the Guidelines has a reference to the panel decision that is preventing Cover Drivers from qualifying.
The paper copy from my Local (in the Western Region) that floated around the shop and was posted in the locker room did not have the additional information at the bottom about the panel decision; however, I was aware of it thanks to Jon Frum on these forums. I am thankful to Jon Frum for that because it prevented me from blowing a gasket when my Supervisor informed me that I did not qualify for 9.5 after they had mistakenly let me qualify to be on the 9.5 Opt In List.