Mugarolla
Light 'em up!
Correct. As you stated, you had Monday off. Saturday was only your 5th day. No OT for Saturday unless you worked more than 8 hours.
Driver OT pay over 40.
- Thread starter Hroller
- Start date
Correct. As you stated, you had Monday off. Saturday was only your 5th day. No OT for Saturday unless you worked more than 8 hours.
Bubblehead
My Senior Picture
...and NOBODY here can accurately answer your question until you divulge where you work.
Mugarolla
Light 'em up!
Yes it should.
You realize that we have a National Panel that usually meets twice per year that basically hears grievances interpreting contractual language.
We should not have to interpret the contract. It should say what it means and it should mean what it says.
Brownslave688
You want a toe? I can get you a toe.
Yeah I've been told on many occasions it's vague for a reason.
I can understand that but this is a case that it shouldn't need to be interrupted
Bubblehead
My Senior Picture
In the Central Region, unless the OP didn't work Monday due to layoff (nobody with less seniority worked), I would make the argument that they were not entitled to work Saturday as their 5th punch.
The language clearly states that the company can use an employee at straight time who "has not yet had the opportunity to work 5 days", over a senior employee who has already worked 5 days.
Because an employee calls in or takes a dive during the week, does not entitle the company to work them on a Saturday for straight time, over a senior employee who has reported for their scheduled shifts all week.
If the OP wasn't truly laid off, and they reside in the Central Region, this scenario is an extra contractual agreement and grievable by any senior employee.
The language clearly states that the company can use an employee at straight time who "has not yet had the opportunity to work 5 days", over a senior employee who has already worked 5 days.
Because an employee calls in or takes a dive during the week, does not entitle the company to work them on a Saturday for straight time, over a senior employee who has reported for their scheduled shifts all week.
If the OP wasn't truly laid off, and they reside in the Central Region, this scenario is an extra contractual agreement and grievable by any senior employee.
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Bubblehead
My Senior Picture
So they work Saturday, for 4 hours, for free???
How about 32 straight and 17 OT in the Central?
Oh so sorry boss. Either way Saturday isn't ot because it is his 5th punch in that week.
Brownslave688
You want a toe? I can get you a toe.
Yep when I was laid off once my center manager was letting us work tues-sat to get more driver pay. A steward grieved it that he should be asked before us to work Saturday.
Brownslave688
You want a toe? I can get you a toe.
Jackburton
Gone Fish'n
No one has mentioned the fact the if you use an option day, you would indeed get OT all day Saturday while only actually working 32 during the week.
Art 58 Southern Supplement.
Any employee who works on the sixth (6th) report shall be paid time and one-half (1-1/2) the straight time hourly rate for all work performed on that day. Any employee who works on the seventh (7th) report shall be paid double (2) the straight time hourly rate for all work performed on that day.
I have done this multiple times, it's hard coded in payroll.
Art 58 Southern Supplement.
Any employee who works on the sixth (6th) report shall be paid time and one-half (1-1/2) the straight time hourly rate for all work performed on that day. Any employee who works on the seventh (7th) report shall be paid double (2) the straight time hourly rate for all work performed on that day.
I have done this multiple times, it's hard coded in payroll.
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Mugarolla
Light 'em up!
No. How about 36 hours straight time and 13 hours OT.
He gets 32 hours straight time for Tues-Fri, 13 hours OT for Tues-Fri and 4 hours straight time for Saturday in the Central.
There is no supplement that allows an employee to collect all hours worked on his 5th day as OT unless it was a Sunday or holiday. Where he works does not matter.
I agree with you on this. But that is not the question the OP asked. This is a different issue.
In regards to the question the OP asked, not withstanding the contractual rights of other employees wishing to work this day, they allowed him to work on Saturday.
This being said, Saturday was only his 5th day. There is no OT in the Central, or any other supplement, for the 5th day worked, unless he works over 8 hours.
His issue was that he already put in 40 hours working 4 days and wants to use Article 12 Section 1 of the Central Region Supplement, OT after 40 hours, to get his 5th punch paid at OT.
This clause refers to 40 hours worked at straight time and does not include over time worked.
He was correctly paid at straight time on Saturday. And yes, this is grievable by any employee who was not afforded the opportunity to work 5 days. Again, this is a different issue.
I wouldn't say that too loud or UPS may check into this.
It may be hard coded, but I am not so sure that UPS or the union would agree with you.
For the purpose of the 6th day worked being paid at OT, it may not include one of those days being an option day.
Does an option day count as a report for a day worked? For medical and pension, yes. For calculating OT, ?????
Or 36 straight and 13 OT.
Correct.
Bubblehead
My Senior Picture
I can't, since the OP hasn't disclosed where they work, or what supplement they are governed by?
Assuming they are in the Central Region, you're right.
I was just trying to drive home the "had not yet had the opportunity" aspect.
Far too often I hear of side deals, where management will go to a 90% employee and offer them a day off, or solicit someone who has called in, if they will work on Saturday for straight time, rather than bidding it out by seniority at time and a half as is provided contractually.
Sorry for mixing the two issues.
I agree with the 5th punch OT scenario for the OP, as you outlined it, provided they work in the Central.
P.S. I removed the X from the post in question.
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Mugarolla
Light 'em up!
Thanks Bubblehead.
I see it far too often also. I was just responding to how he should be paid. I am glad you brought up the other issue regarding this scenario.
It may enlighten some people.
Thanks.
Bubblehead
My Senior Picture
Let's not forget that a full time driver who works on Saturday is still entitled to their 8 hour guarantee as well?
A full timer "who has not yet had the opportunity to work five (5) days." Some supplements provide a 4 hour guarantee on an FT's sixth day.
Jackburton
Gone Fish'n
Been there, done that, option day and holidays count as a report, for everything, period.
Mugarolla
Light 'em up!
Interesting. Double checked the Central. It would be time and a half for working a 5th day in a week in which there is a paid holiday.
We could also argue that an option day be treated the same way.
Does not affect the OP's situation though. He said that he had Monday off, no paid option day or holiday.
Thanks for the info.
Article 12
Section 8
In a scheduled workweek in which there is a paid holiday, the guaranteed workweek shall be thirty-two (32) hours; in any scheduled workweek in which there are two (2) paid holidays, the guaranteed workweek shall be twenty-four (24) hours, etc. For hours worked in excess of thirty-two (32) or twenty-four (24) hours in a week, as applicable, an employee shall be paid at the rate of one and one-half (1 1/2) time the regular straight-time rate, provided the holiday or holidays fall within the scheduled workweek.
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