T-S but on call for Mondays?

[IVE GOTTA PACKAGE 4U]

Must be in a different supplement. I've found nothing in the Central or the National CBA that would prevent 6 day schedules, and neither have my stew or BA ...

Best contract ever

 

[eats packages]

how come you got DQed

That's classified information

 

[zubenelgenubi]

Must be in a different supplement. I've found nothing in the Central or the National CBA that would prevent 6 day schedules, and neither have my stew or BA ...

The western says the schedule has to be posted on Friday for the next week, and it and the master (article 22.4) say that both RPCD's and 22.4's will have a schedule of 5 consecutive days. In the DOT Hours of service (article 26?) the master says when scheduling over 60 hrs it has to be offered from the top down and forced from the bottom up, starting with seasonal drivers and 22.4's for the forcing.

Under the Western, they would.have to schedule that extra work by Friday. The question is, why aren't they properly staffing Mondays with RPCD's on a regular basis? Also, they have to get approval from the union for an act of God in order to use the 70hr rule outside of peak. So if these guys are still working over 60, that will need to stop.

 

[PackageBoy17]

The western says the schedule has to be posted on Friday for the next week, and it and the master (article 22.4) say that both RPCD's and 22.4's will have a schedule of 5 consecutive days. In the DOT Hours of service (article 26?) the master says when scheduling over 60 hrs it has to be offered from the top down and forced from the bottom up, starting with seasonal drivers and 22.4's for the forcing.

Under the Western, they would.have to schedule that extra work by Friday. The question is, why aren't they properly staffing Mondays with RPCD's on a regular basis? Also, they have to get approval from the union for an act of God in order to use the 70hr rule outside of peak. So if these guys are still working over 60, that will need to stop.

Yep all the seasonals are gone now and the 22.4's are being forced. I'm gonna assume that they're putting me on the schedule as working on Monday and the calling in is to see if they actually need me or not. How I see it is they're following the rules putting me as working on Monday but twisting it because they're treating it like I'm on call.

 

[zubenelgenubi]

Yep all the seasonals are gone now and the 22.4's are being forced. I'm gonna assume that they're putting me on the schedule as working on Monday and the calling in is to see if they actually need me or not. How I see it is they're following the rules putting me as working on Monday but twisting it because they're treating it like I'm on call.

Where do they post the schedule? And how do they explain working around the 5 consecutive day schedule? Your local should be pressuring them to hire more RPCD's to fill the need on Monday. The strongest case you have is the language in Article 22.4:

"5. All 22.4 combination drivers shall be guaranteed eight (8) con- secutive hours of straight time pay per day, if reporting as sched- uled. All 22.4 combination drivers shall work a fve (5) consecutive day schedule of Tuesday through Saturday or Wednesday through Sunday. This paragraph shall supersede any Supplement, Rider, or Addendum on the same subject."

That does not allow for a 22.4 to be scheduled to work Monday. The only place in the contract that I know of that says the company can force anyone to work extra is when the 70 hr rule is in effect. The counter-argument to that being that the contract doesn't say they can't force you to work on a day off. But you have to ignore the 5-day schedule language completely to make that work. They can force you to work up to 14 hour days on any scheduled day, but the contract says what it says.

This is new territory, to an extent, it's up to you if you want to challenge what the company is doing based on the contract language. I don't think it's unreasonable to ask people to work an extra day from time to time, but to force it continuously is not reasonable.

 

[Wally]

I'm a 224 who hasn't worked a day in the warehouse and I'm on Tuesday-Saturday schedule. When peak first started, they told us they'd be calling us on our Mondays and asking if we can work. I'd say no and they said that's fine and all but if everyone else called with higher seniority said no then they'd force me in. Which is what happened. Eventually, they changed it to telling me I had to call in myself every Monday morning at 7:30 to see if I would be working when start time is 8:45. I have not had a Monday off since peak started, as I've been told to work each time and I've not been given other days off to compensate so I've been working 6 days a week for months now, all 11+ hour days. They fired all our seasonals at beginning of January and we've all been paying for that with insane volume and no help. They do pay me OT each Monday but I NEED a day off more than the money for my own sanity. On top of it all, my wife's pregnant with our first child and makes all her doctor's appointments on Mondays, hoping I'll be able to attend (idk maybe because that's supposed to be my day off!!) and I obviously haven't been able to.

I've tried reading through the union handbook and can't find anything about this. I've also looked at similar threads but none in my situation. Most I've read, they're given another day off to compensate and that isn't happening for me.


Even if they're taking me for a ride and I stop calling in/picking up their calls, my managers are awful and I know they'll make my life hell for not doing what they want.

So a couple questions:
-can they really force me to be on call for Monday's and work a 6 day work week every week?
-even if I do call in, is it really valid for them to give me a start time with an hours notice?
-if they're taking advantage of me, how do I stop it without them making my life a living hell?

Not sure what to do about all this.

Warehouse?

 

[Whither]

@zubenelgenubi In my case, the schedule is being posted every Friday and they send me an ODS on Fridays as well. 70hr rule wasn't invoked even during peak.

I'll chat with the BA, but I'm confident he won't have my back if I were to challenge it based on your rationale -- as you point out, there's no language to specifically prohibit it ... what I've gathered is, in my local most hourlies and local officers seem to consider the practice a normal part of 'paying your dues' as a low seniority driver ...

 

[zubenelgenubi]

@zubenelgenubi In my case, the schedule is being posted every Friday and they send me an ODS on Fridays as well. 70hr rule wasn't invoked even during peak.

I'll chat with the BA, but I'm confident he won't have my back if I were to challenge it based on your rationale -- as you point out, there's no language to specifically prohibit it ... what I've gathered is, in my local most hourlies and local officers seem to consider the practice a normal part of 'paying your dues' as a low seniority driver ...

Do you still have RPCD's on a Tuesday through Saturday schedule? I'm wondering if that might be the reason they are shorthanded Mondays. Once they go to the M-friend schedule, they'll be forcing the low seniority RPCD's to work Saturdays, presumably.

"Shall Law and Legal Definition. The word 'Shall' has the following meanings: An imperative command; has a duty to or is required to. ... "

My guess, though, if it were fought all the way to arbitration, the Arbitrator would interpret the language as inclusive, meaning as long as you were scheduled those days, the company could schedule on other days as well.

 

[PackageBoy17]

Found out today that they haven't been offering the cover drivers the work first before forcing us like they're supposed to do according to the contract. A cover driver buddy of mine was pissed because he hasn't been working much (idk how because our volume has been so high still)

 

[MattM]

Tricky language.
——-
Start times shall be posted on the prior Friday of the week for which the starting times shall be effective. Employees who are ordered to report for work prior to said scheduled starting times, shall receive time and one-half (1 1⁄2) for all hours worked prior to their regular starting time.
———-
I see the scheduled start times needing to be posted on fridays. But then they say ‘ordered to report for work’. But how is this being ordered? They need to be the ones to call at least 1.5 hours before being needed as well.


I think your strongest argument is having anyone else with seniority not being asked to come in before you do. Your probably getting more pay and hours than middle tier senior drivers. I’d honestly get them involved and get them to rustle some feathers about not being asked. You’d almost have no involvement.

 

[zubenelgenubi]

Found out today that they haven't been offering the cover drivers the work first before forcing us like they're supposed to do according to the contract. A cover driver buddy of mine was pissed because he hasn't been working much (idk how because our volume has been so high still)

They need to grieve it so you can get some relief. That should be a slam dunk.

 

[zubenelgenubi]

Tricky language.
——-
Start times shall be posted on the prior Friday of the week for which the starting times shall be effective. Employees who are ordered to report for work prior to said scheduled starting times, shall receive time and one-half (1 1⁄2) for all hours worked prior to their regular starting time.
———-
I see the scheduled start times needing to be posted on fridays. But then they say ‘ordered to report for work’. But how is this being ordered? They need to be the ones to call at least 1.5 hours before being needed as well.


I think your strongest argument is having anyone else with seniority not being asked to come in before you do. Your probably getting more pay and hours than middle tier senior drivers. I’d honestly get them involved and get them to rustle some feathers about not being asked. You’d almost have no involvement.

That's if they need to change start times on days you are scheduled.

 

[MattM]

That's if they need to change start times on days you are scheduled.

Makes sense.
So they should be told the Friday before if they are being ‘forced’ to work Monday, not them calling the morning of? If they are known to work on Monday and the start time changes, that’s when an hours plus notice goes into affect and the time and a half?

OP, you need to start having doctors appointments every Monday, so you need to know by Friday if you are or aren’t working. Or maybe just show up and demand your 8 hours on days you aren’t ‘needed’. They can’t have it both ways.

 

[Whither]

Do you still have RPCD's on a Tuesday through Saturday schedule? I'm wondering if that might be the reason they are shorthanded Mondays. Once they go to the M-friend schedule, they'll be forcing the low seniority RPCD's to work Saturdays, presumably.

"Shall Law and Legal Definition. The word 'Shall' has the following meanings: An imperative command; has a duty to or is required to. ... "

My guess, though, if it were fought all the way to arbitration, the Arbitrator would interpret the language as inclusive, meaning as long as you were scheduled those days, the company could schedule on other days as well.

Yes, in my center there are several low-seniority RPCDs who are still T-S, including me. No PT cover drivers here either, just RPCDs, 22.4s, air drivers and a couple 22.3s. All our seasonals are gone of course, except a few that are in their 30 days.

I think you're correct re: arbitration.

Meanwhile, it's the first full week of 9.5 protection and I've been over every day so far, so I will be filing my first 9.5 grievance.

 

[PackageBoy17]

Update for those following along:
Talked to my union rep today and they said management is absolutely not allowed to be forcing me and the other 22.4's in on our days off whatsoever. I also confirmed with other cover drivers that they're not getting called to work on Monday's and they're pissed. So they've been taking us all for a ride and it's about to go down. Looking forward to my day off on Monday for the first time in over 2 months now to address them making me call saturday mornings to see what time I'm working. It's always a crap shoot whether I'm working in the morning or starting at 1. My center's a mess lol

 

[PT Car Washer]

Update for those following along:
Talked to my union rep today and they said management is absolutely not allowed to be forcing me and the other 22.4's in on our days off whatsoever. I also confirmed with other cover drivers that they're not getting called to work on Monday's and they're pissed. So they've been taking us all for a ride and it's about to go down. Looking forward to my day off on Monday for the first time in over 2 months now to address them making me call saturday mornings to see what time I'm working. It's always a crap shoot whether I'm working in the morning or starting at 1. My center's a mess lol

Lay offs start Monday.

 

[zubenelgenubi]

Update for those following along:
Talked to my union rep today and they said management is absolutely not allowed to be forcing me and the other 22.4's in on our days off whatsoever. I also confirmed with other cover drivers that they're not getting called to work on Monday's and they're pissed. So they've been taking us all for a ride and it's about to go down. Looking forward to my day off on Monday for the first time in over 2 months now to address them making me call saturday mornings to see what time I'm working. It's always a crap shoot whether I'm working in the morning or starting at 1. My center's a mess lol

One more point is that the company is supposed to switch the t-s rpcd's to m-friend as soon as practicable, but no later that 18/24 months. If they are having you work Monday and calling in on Saturday, that sounds practicable to me.


Article 22.4 (b)
"2. It is the commitment of the parties that RPCDs work a Monday through Friday schedule. To that end the parties agree that all RP- CDs currently working a Tuesday through Saturday schedule will transition to a Monday through Friday schedule as soon as practica- ble, within eighteen (18) months of ratifcation. The Company shall have an additional six (6) months for drivers hired directly into a Tuesday through Saturday schedule."

 

[PackageBoy17]

One more point is that the company is supposed to switch the t-s rpcd's to m-friend as soon as practicable, but no later that 18/24 months. If they are having you work Monday and calling in on Saturday, that sounds practicable to me.


Article 22.4 (b)
"2. It is the commitment of the parties that RPCDs work a Monday through Friday schedule. To that end the parties agree that all RP- CDs currently working a Tuesday through Saturday schedule will transition to a Monday through Friday schedule as soon as practica- ble, within eighteen (18) months of ratifcation. The Company shall have an additional six (6) months for drivers hired directly into a Tuesday through Saturday schedule."

I work every Saturday, guaranteed. It just varies whether they want me to do a morning or afternoon start time and I don't find that out until the morning of.

 

[Whither]

My update. Spoke with the BA, who in turn spoke with the center manager. BA got in touch with me: contractually his hands are tied, they can force us to work 6 days, but the center manager is willing to grant us Mondays off at his discretion and, presumably, every once in a while ... What a victory!

Supposedly they're going to staff up, too, with rumors of Sunday delivery coming our way ... I told the BA I'll believe it when I see drivers qualify and encouraged him to exert whatever pressure he can to ensure mgmt follows through ... "I will, but ultimately it's up to them."

 

[KOG72]

Best contract ever

What a joke!!!!