Mrs UPS,
I am puzzled at the numerous infractions that the company has violated in this case. All employees have guaranteed hours every week.
For preload, he should be guaranteed a minimum of 17.5 hours a week the moment he sets foot on company property on every monday. Unless he agrees to "circle out", those hours are guarateed.
Article 22 of the national master agreement, section 5 (d) WAGES-
"All part time employees governed by this article shall be provided a minimum daily three(3) and one half (3 1/2) hour guarantee".
If he agrees to "circle out" , he waives his guarantee for the week.
As for selecting with the package center for vacation, this would be proper if he was classified as a "cover driver". If he is not, and he selects in package but is in preload, who would cover his cars when he goes out on vacation? The package vacation list would not help the preload sup who has to cover his position thru scheduling. He should talk with his preload sup and make sure they will honor his scheduled vacation so its not a surprise come the week he anticipates off and the sup tells him he cant take it off cause higher seniority preloaders chose that same week.
Second, he should be paid 1/52nd of what he earned the year before and make sure his vacation checks ARE NOT limited to his weekly preload average.
I have question about his rate of hourly pay? What was he earning during the 2 years (hourly) and did he ever begin a series of progressive increases? Also, what is he earning now (hourly) if they are still paying him driver wages, you can argue that he is a full time employee, the company would have had to reduce his pay to preload pay once he was re-assigned.
If he is still earning driver pay, what progression scale for increase are they going to use while hes in preload, I mean, he would have to be the most expensive preloader in history if hes earning driver wages.
I have a question for you.. What about your medical coverage? If he drove for package for 2 years, his medical package should be that of a full time driver, not a part timer. Did they reduce your coverage or take it away alltogether? Did the company reduce your benefits?
Check this out if you do not know. I suspect they have either reduced your coverage or are making him requalify as a preloader thru probation.
Very important for him to establish his starting date, this date is crucial in determining vacation time, retirement and seniority.
He needs to verify that his start date was in fact when he first went to orientation and began driving and not when he was re-assigned to preload. Those 2 years will be critical down the line.
The issue here is complicated. Unfortunately, this is what happens to good people when bad people try to skirt the system.
As for your local, has the business agent tried anything in a form of grievance or hearings with the division manager to reconcile your husbands position or has he let it go by the wayside and left him in preload?
There are basicly 2 ways to go about this matter. One, leave him in preload and earn his way back to package, or argue that he should be reconsidered and reclassified as a full time package driver using the SIX FOR ONE language in the National Master agreement.
If they used him everyday for 2 years as full time driver (supplement) then he has a case that he is a full time employee, Even though the center manager hired him improperly, thats not his fault.
The contract is clear, COVER DRIVERS cannot be used to SUPPLEMENT the workforce. This is a violation of the contract. There sole purpose is to cover routes when FUll TIME drivers are on vacation, jury duty, funeral leave and thats it.
When the company tries to skirt around hiring a new full time employee by hiring a guy off the street and using him daily for 2 years, then it can be argued that the company INTENTIONALLY violated the agreement to use a cover driver as a supplemental driver to its regular workforce, thus creating a new full time position. The 30 in 90 day language would back this up.
Now, a good private conversation with the Division or District manager should rectify this situation with out complication if your agent had any salt in his veins, but it doesnt appear so.
Its a simple matter of clarification.
I hope he can hang in there if things dont go his way, however, make sure he demands his 17.5 hours a week and is not circling out on the suggestion of his sup.
If he has not agreed to circle out, and he just went home as instructed, he can grieve all the weeks he was "shortpayed". Even if its two months worth of weeks. An employee can grieve these short payed weeks even if its beyond the 10 day window using the "date of knowledge" provision in our contract.
If he is only finding out now, that he is guaranteed 17.5 hrs a week in preload, and in the last month he's worked only 1 day a week, he can grieve all the weeks, since his "date of knowledge" of this fact is today.
His weekly guarantee has to be paid to him whether he worked or not as long as he did not "circle out."
He would be entitled to be paid for any hours short of 17.5 in any week.
I hope you both have given your BA an earful and demand that he take action. If he is weak, ask to speak to the secretary treasurer and insist on action by him.
Dont give up.
Peace
to resolve this.
