Members are continuing to win 9.5 grievances, and getting paid, when the Company violates our 9.5 rights. To date over $106,000.00 in penalty pay has been awarded for these grievances.
Exercising your 9.5 rights is a two-step process. First drivers have to get on the 9.5 list. Then you have to file grievances any time you work more than 9.5 hours ANY three days in a week.
What is the 9.5 List
On January 5 and June 5, the union gives management the names of Package Car Drivers who want to be on the 9.5 list for the next five months. Talk to your shop steward before those deadlines to get on the 9.5 list.
The 9.5 lists submitted on January 5 and June 5 take effect on January 15 and June 15. If you want to get on the 9.5 list after the January 5 or June 5 deadline, just fill out the 9.5 Add/Cut Form and have your shop steward turn it into management. You will be added to the 9.5 list for the following week.
Once you are on the 9.5 list, management should not dispatch you to work more than 9.5 hours three times in a work week. If you work more than 9.5 hours ANY three days in a week, talk with your Shop Steward to file a grievance for triple time pay for all hours worked over 9.5 in that week and to have your dispatch adjusted if necessary.
Who is Eligible for the 9.5 List?
If there are any 22.4 drivers working in the center, then every Regular Package Car Driver is eligible to be on the 9.5 list.
If there are no 22.4 drivers working in the center, then Regular Package Car Drivers are eligible to get on the 9.5 list as long as: (1) the driver covers a route for a full week; (2) the driver bids or is assigned to cover a route for a full week but is prevented from completing that bid or assignment due to reassignment by management; or (3) the driver has four years of seniority as a full-time package driver.
22.4 Drivers are not eligible for the 9.5 list.
Protect Your 9.5 Rights.
If your 9.5 rights are being violated make sure you RECORD, REPORT and FILE A GRIEVANCE.
RECORD EXCESSIVE OVERTIME. Record any workweek in which you work over 9.5 hours on ANY three days.
REPORT A 9.5 VIOLATION. If you are on the 9.5 list, keep track of any work week in which you work more than9.5 hours three times. Take your steward and report the 9.5 violation to the manager. Depending on the situation, an appropriate next step would be adjusting your load, triple time pay for hours worked over 9.5 hours in that week, or agreement to pay the triple time penalty on the next violation.
FILE A GRIEVANCE. If your center manager does not resolve the problem file a grievance. The grievance should state that management violated Article 37 by working a driver on the 9.5 Opt-In list more than 9.5 hours, three times in one work week.
The remedy should read: "Pay an additional time and 1/2 for all hours worked over 9.5 during the week and all overtime. Adjust load. Cease and desist from working driver over 9.5. Make whole in every way."