Over 9.5 Hours

MANAGEMENT EMPLOYEE RELATIONS

ARTICLE 37.

Section 1.

(c) The Employer shall make a reasonable effort to reduce package car drivers’ workdays below nine and one half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, the following language shall apply, except in the months of November and December:

Such requests may only be made for the five (5) month periods beginning on each January 1 and June 1 of each year. No later than thirty (30) days prior to each January 1st and June 1st, each package center will post a “9.5 opt-in/opt-out list” for the applicable five (5) month period. Each full-time seniority driver in the center must make an election to opt-in or opt-out of the 9.5 language in this subsection no later than ten (10) days prior to the applicable five (5) month period. Those full-time drivers who choose to opt-out of the 9.5 language in this subsection will have no right to file a grievance alleging excessive overtime either under this subsection or under an excessive overtime provision in the Supplement,Rider or Addendum.

Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in a workweek. If a grievance under this provision (or a grievance under any excessive overtime provision of a Supplement,Rider or Addendum) cannot be resolved at the local level, including Supplemental Panels, where applicable, the Union may docket the grievance to be heard by the “9.5 Committee.” This Committee shall be composed of two (2) Union and two (2) Employer representatives. The 9.5 Committee shall have the authority to direct the Employer to adjust the driver’s work schedule. Deadlocked cases shall be referred to the Employer’s Vice President of Labor Relations and the Co-Chair of the Teamsters United Parcel Service Negotiating Committee for final and binding resolution.

The Employer’s Vice President and the Union’s Co-Chair shall have the discretion to grant the grievant triple time pay for hours worked in excess of nine and one half (9.5) hours per day and/or to order the Employer to adjust the driver’s work schedule. In the event the Employer’s Vice President and the Union’s Co-Chair cannot resolve a grievance, either party may refer the matter to arbitration in accordance with Article 8. In the event the position of the Union is sustained, the arbitrator shall have the authority to impose any remedy set forth in this Section. The 9.5 committee shall also have the authority to adopt guidelines to ensure that this Section is implemented in such a way as to balance the Employer’s need to protect the integrity of its operations with an employee’s legitimate need to avoid excessive overtime.

(d) No employee shall be disciplined for exceeding personal time based on data received from the DIAD/IVIS or other information

Article 37 (9.5) Guidelines

1. The “Opt In” List shall be maintained in the Center Manager’s office.

2. If a driver has met the threshold outlined in Article 37 Section 1 (worked (3) days over 9.5 hours in a workweek), he/she and their steward may meet with the manager and have their name added to the “Opt In” List.

3. Once added, they must stay on the list five (5) months, excluding November and December. After the required five (5) month period, the driver’s name will automatically come off the “List”. They may have their name added back to the “List” if they meet the requirements outlined in (2.) above.

4. Once a driver’s name has been added to the list, the Company will comply with Article 37.

5. Drivers on extended routes will qualify for relief under this article provided the Company can reasonably dispatch work to other drivers. Note: This constitutes no change from the 2002-2008 Contract as there was an understanding to the effect between the parties during those negotiations.