ARTICLE 15. MILITARY CLAUSE Section 1. USERRA Rights
Employees in service in the uniformed services of the United States, as defned by the provisions of the Uniform Services Em- ployment and Reemployment Rights Act (USERRA), Title 38, U.S. Code Chapter 43, shall be granted all rights and privileges provided by USERRA and/or other applicable state and federal laws. This
shall include continuation of health coverage as provided by US- ERRA, and pension contributions for the employee’s period of ser- vice, as provided by USERRA. Employees shall be subject to all obligations contained in USERRA which must be satisfed for the employees to be covered by the statute.
The Employer, in its discretion, may make additional payments or award additional benefts to employees on leave for service in the uniformed services in excess of the requirements outlined in the USERRA.
Section 2. Vacation Restoration
Employees on USERRA-approved military leave shall continue to accrue vacation to be used upon return as set forth below. To be eli- gible for accrual, employees must be (i) employed by UPS for at least one (1) year, (ii) be a member of the uniformed services at time of callup, and (iii) be called into active duty (other than for training) for a period of service exceeding thirty (30) days pursuant to any provision of law because of a war or national emergency declared by the President of the United States or Congress. An eligible employ- ee returning to work as per USERRA shall be entitled to annual va- cation for the remainder of that contractual vacation period based on the number of weeks to which he/she is entitled for years of service and the quarter in the current contractual vacation period in which the employee returns from eligible military leave, as follows:
No. Wks Q1 Q2 Q3 Q4 6 6 4 3 1 5 5 3 2 1 4 4 3 2 1 3 3 2 1 1 2 2 1 1 1
In no event shall the employee have less than one (1) week of vaca- tion available upon his/her return.
For the next contractual vacation period, the employee shall be credited with the vacation he would have accrued while he was on military leave. In no event shall the employee have less than he is
entitled to based on total years of service under the applicable Supplement.
The treatment of unused vacation and the scheduling of the vaca- tion shall be in accordance with the applicable Supplemental, Rider or Addendum.
Section 3. Notifcation of Leave
Upon notifcation from an employee that he/she is taking USERRA qualifed military leave, the Employer shall notify the Local Union within fve (5) business days.
Section 4. Spousal Transfer Rights
In the event an active member of the military is transferred to a different geographic location and his or her spouse works for the Employer, the employee may submit a written request to the Em- ployer to transfer to the same geographical area. The transfer shall be approved subject to the following conditions:
a. A full or part-time opening, as applicable, in the job classifca- tion exists at the desired location. The position must be one that an existing employee does not have a right to be awarded.
b. Job classifcation seniority is end-tailed.
c. Company seniority is retained for the purposes of the number of weeks of vacation, holiday eligibility, and beneft purposes.
d. The transfer must be requested in advance of the relocation to ensure that there is no break in service by the transferring employ- ee. If no permanent position is available at the time of the reloca- tion the provisions of paragraph a. above, shall apply for a maxi- mum of six (6) months.
e. The Employer shall not be responsible for any moving expenses or work missed by the employee.
friend. An employee who transfers out of his or her original area where they are covered by a Teamster Pension Trust Fund into the juris-diction of another pension trust fund, such employee shall remain in his or her original pension trust fund. The Employer agrees to pay the required pension contributions to the employee’s original pension trust fund as set forth in the trust agreement, provided there is no confict with any collective bargaining agreement and/ or trust agreement.
