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NATIONAL MASTER UNITED PARCEL SERVICE
AGREEMENT
For the Period:
August 1, 2018 2023 through July 31, 2023 2028
covering:
[No change]
ARTICLE 1. PARTIES TO THE AGREEMENT
[No change]
Section 1. Operations Covered
[No change]
Section 2. Employees Covered
[No change]
Section 3. Transfer of Company Title or Interest
[No change]
Section 4.
[No change]
ARTICLE 2. SCOPE OF THE AGREEMENT
Section 1. Single Bargaining Unit
[No change]
Section 2. Riders
[No change]
ARTICLE 3. RECOGNITION, UNION SHOP AND
CHECKOFF
Section 1. Recognition
(a) The Employer recognizes and acknowledges that the National
Union Committee and Local Unions affiliated with the
International Brotherhood of Teamsters are the exclusive
representatives of all employees of the Employer in covered
classifications. The employees and Unions covered under this
Master Agreement and the various Supplements, Riders and
Addenda thereto shall constitute one (1) bargaining unit.
(b) When the Employer needs additional employees, it shall give
the Union equal opportunity with all other sources to provide
suitable applicants, but the Employer shall not be required to hire
those referred by the Union.
If employees are hired through an employment agency, the
Employer shall pay the employment agency fee, if any, due from
the employee. However, if the Union has been given equal
opportunity to furnish employees, as provided herein, and if the
employee is retained through the probationary period, this fee
need not be paid until the thirty-first (31st) day of employment,
except as otherwise provided in the Local Union Supplements,
Riders and Addenda.
Business agents and/or a steward shall be permitted to attend new
employee orientations to talk about the benefits of Union
membership. The Employer agrees to provide the Local Union at
least one week’s notice of the date, time, and location of such
orientation. Upon request, the Union representative will be given
a list of the names of the employees attending orientation no later
than at the meeting. The sole purpose of the business agent’s or
steward’s attendance shall be to encourage new employees to join
the Union. The steward shall remain on the clock for the actual
time spent in the meeting up to fifteen (15) minutes for that
purpose if the orientation is held during his or her their normal
working hours at his or her their normal place of work.
Section 2. Union Shop and Dues
[No change]
Section 3. Dues Checkoff and Joint Dues Committee
The Union and the Employer will establish a Joint Dues
Committee to review the deduction and remittance of union dues.
This Committee is charged with the responsibility of ensuring
that dues are accurately deducted and remitted in a timely manner
to the Local Unions. It is anticipated that this Committee shall
serve as a source of continuing study regarding the most efficient,
accurate, and expeditious deduction and payment of dues,
including exploring electronic solutions. The Union and the
Employer will establish procedures for the operation of this
Committee.
The parties reserve the right to correct inadvertent errors and omissions.
Where no reference is made to a specific Article or Section thereof, such Article and Section are to
continue as in the current National Master Agreement, as applied and interpreted during the life of such
Agreement. Additions and new language are bold and underlined.
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No existing bargaining unit employee currently performing work
in the payroll department will be laid off or suffer a loss of their
current payroll type position as a result of this Section.
The Employer agrees to deduct from the pay of all employees
covered by this Agreement the initiation fees, dues and/or
uniform assessments of the Local Union having jurisdiction over
such employees. The Local Union will provide the Employer a
weekly amount to be deducted from each employee. The Local
Union will individually specify the weekly amount to be deducted
for initiation fees, union dues and/or assessments. For initiation
fees and assessments, the Local Union will notify the Employer
the number of weeks these deductions are to be taken from the
employee. Notification of deductions to be made by the Employer
for the benefit of the Local Union must be received at least one
(1) month prior to the date the deduction is to be made. The
obligation of the Local Union to provide this information shall be
satisfied by the transmission of a computer file in mutually
agreeable format. The Employer shall deduct the weekly dues
from each vacation week. This will be implemented within six (6)
months of ratification of this Agreement.
The Employer shall make no deductions that are not listed on the
Local Union’s monthly or weekly checkoff statement in those
locations which send a checkoff statement to the Employer. In the
event the Employer improperly deducts too much dues money,
the amount improperly withheld shall be remitted to the involved
employee(s) on the second (2nd) scheduled workday following
notification to the Employer. The Local Union(s) shall return any
overpayment(s) to the Employer within one (1) week following
written notification from the Employer.
The Employer will provide a remittance to the Local Union
within fifteen (15) days following the check date the deduction
was taken. With each remittance, the Employer shall submit a
report, by center and/or sort, listing all employees alphabetically
with their social security number and job classification. For those
employees who had no deduction for the week, the Employer will
provide a reason. In the event the Local Union does not want to
receive a weekly remittance, the Employer will provide a
monthly remittance by the fifteenth (15th) day of the following
month. However, if this option is chosen, the Employer will still
make weekly deductions as described above.
The Employer will provide a list of peak season employees to the
Local Union. The Company agrees to honor the dues checkoff
cards for peak season employees.
Where law requires written authorization by the employee, the
same is to be furnished in the form required. Following
ratification of this Agreement, the Joint Dues Committee will
meet to adopt a standard, electronic membership and dues
checkoff form approved by the International Union that will
be included as part of the Company’s application and
orientation processes. The Joint Dues Committee will also
meet to adopt an acceptable digital platform and methods for
the collection, storage, and distribution of the electronic
membership and dues checkoff forms. Electronic
membership and dues checkoff forms can only be
implemented upon agreement of the Joint Dues Committee.
No deduction shall be made which is prohibited by applicable
law.
Any Local Union shall have the option of monthly deductions
with monthly remittance on or before the fifteenth (15th) day of
the same month.
On written request of the employee, payroll deductions will be
made to purchase U.S. Savings Bonds for said employee.
The Employer agrees to deduct from the paycheck of all
employees covered by this Agreement voluntary contributions to
DRIVE. DRIVE shall notify the Employer of the amounts
designated by each contributing employee that are to be deducted
from his/her their paycheck on a weekly basis for all weeks
worked. The phrase “weeks worked” excludes any week other
than a week in which the employee earned a wage. The Employer
shall transmit to DRIVE National Headquarters on a monthly
basis, in one (1) check, the total amount deducted along with the
name of each employee on whose behalf a deduction is made, the
employee’s Social Security number and the amount deducted
from that employee’s paycheck. The International Brotherhood
of Teamsters shall reimburse the Employer annually for the
Employer’s actual cost for the expenses incurred in administering
the weekly payroll deduction plan.
The Employer agrees to deduct certain specific amounts each
week from the wages of those employees who shall have given
the Employer written notice to make such deductions. The
Employer will remit amounts deducted to the applicable credit
union once each week. The amount so deducted shall be remitted
to the applicable credit union once each month or weekly. The
Employer shall not make deductions and shall not be responsible
for remittance to the credit union for any deductions for those
weeks during which the employee’s earnings shall be less than
the amount authorized for deductions.
In the event the Employer has been determined to be in violation
of this Article by a decision in the grievance procedure, and if
such Employer subsequently is in violation thereof after receipt
of seventy-two (72) hours’ written notice of specific
delinquencies, the Local Union may strike to enforce this Article.
However, such strike shall be terminated upon the delivery
thereof. Errors or inadvertent omissions relating to individual
employees shall not constitute a violation.
Section 4. Work Assignments
[No change]
Section 5.
[No change]
Section 6.
[No change]
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Section 7. Supervisors Working
(a) The Employer agrees that the function of supervisors is the
supervision of Employees and not the performance of the work
of the employees they supervise. Accordingly, the Employer
agrees that supervisors or other employees of the Employer who
are not members of the bargaining unit shall not perform any
bargaining unit work, except to train employees or demonstrate
safety, or as otherwise provided in the applicable Supplement,
Rider or Addendum. However, in the case of Acts of God,
supervisors shall comply with the procedures in subsections (b)
and (c) and may only perform bargaining unit work until
bargaining unit employees are available. The Employer shall
make every reasonable effort to maintain a sufficient workforce
to staff its operations with bargaining unit employees. The
Employer also agrees that supervisors or other employees of the
Employer who are not members of the bargaining unit shall not
perform bargaining unit work in preparing the work areas before
the start of the Employer’s hub, preload or reload operation, nor
shall the Employer send any bargaining unit employee home and
then have such employee’s work performed by a supervisor or
other employees of the Employer who are not a member of the
bargaining unit.
(b) When additional employees are necessary to complete the
Employer’s operations on any shift or within any classification,
the supervisor shall exhaust all established local practices to first
use bargaining unit employees including where applicable,
double shifting, early call-in, and overtime.
(c) If there is no established local practice, the following shall
apply with regard to inside work. Within each building, each
operation will maintain appropriate list(s), by seniority, of those
part-time employees requesting coverage work. It will be the
employees’ responsibility to sign up on the appropriate list. The
Company shall post such lists and employees who are interested
in adding their names to the lists shall do so on the first working
day of each month. It will be the employee’s responsibility to
make sure his/her their contact information is correct. Employees
who are unavailable to work on three (3) separate occasions
within a calendar month shall have their names removed from the
coverage list. Those employees shall be eligible to re-sign the list
the following month. When coverage work is available, the
Company will use the appropriate list to fill the required
positions, and such employees will work as assigned. The
employee must be qualified for the available work and double
shift employees shall have seniority among themselves. No
employee is allowed to work more than two (2) shifts in any
twenty-four (24) hour period. Local call verification practices and
procedures shall remain in place.
Nothing contained in this Section shall change existing practices
or procedures covering full-time work.
(d) If it is determined at any step of the grievance and/or
arbitration procedure that this Section, or a “supervisor working”
provision in a Supplement, Rider or Addendum, has been
violated, the aggrieved employee will be paid as follows: (i) if the
actual hours worked by the supervisor amounts to two (2) hours
or less, the aggrieved employee will be paid for the actual hours
worked by the supervisor at the rate of double time the
employee’s rate of pay at the time of the incident; or (ii) if the
supervisor works more than two (2) hours, the aggrieved
employee shall be paid four (4) hours at straight time or actual
hours worked at double time the employee’s rate of pay at the
time of the incident, whichever is greater. If no aggrieved
employee can be identified, the payment will be made to the
grievant. Such remedy shall be in addition to any other remedies
sought by the Union in the appropriate grievance procedure.
If a Supplement, Rider, or Addendum does not have a provision
requiring notice to the steward when a supervisor works the
following shall be incorporated: “In the event a supervisor does
perform bargaining unit work, the Employer shall notify the
appropriate shop steward as soon as possible.”
In the event that any individual supervisor is found to be in
violation of the first paragraph of this Subsection three (3) times
in any nine (9) month rolling period, the grievance shall be paid
at triple quadruple time the employee’s rate of pay for the hours
specified in the first paragraph of this subsection.
ARTICLE 4. STEWARDS
[No change]
ARTICLE 5. SANITARY CONDITIONS
[No change]
ARTICLE 6.
Section 1. Extra Contract Agreements
[No change]
Section 2. Workweek Reduction
[No change]
Section 3. New Equipment
Where new types of equipment and/or operations, for which rates
of pay are not established by this Agreement, are put into use after
the ratification date of this Agreement within operations covered
by this Agreement, rates governing such operations shall be
subject to negotiations between the parties. This paragraph shall
apply to all new types of equipment including office and clerical
equipment. In the event an agreement cannot be reached within
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sixty (60) days after the date such equipment is put into use, the
matter may shall be submitted to the National Grievance
Committee for final disposition. Rates agreed upon or awarded
shall be effective as of the date equipment is put to use
Section 4. Technological Change
1. Technological change shall be defined as any meaningful
significant change in equipment or materials which results in a
meaningful significant change in the work, wages, hours, or
working conditions of any classification of employees in the
bargaining unit or diminishes the number of workers in any
classification of employees in the bargaining unit. Such changes
could include, but are not limited to, the use of drones or
driverless vehicles to transport, deliver or pick-up packages, or
platooning. During the term of this Agreement such changes
shall not include the use of drones or driverless vehicles to
transport, deliver or pick up packages, platooning or shifting
but in the event the Employer desires to implement any
change described in this sentence, it shall be required to notify
the National Negotiating Committee six (6) months in
advance of any such change and shall be required to bargain
the effects of any such change. If no agreement is reached
between the parties the matter shall be resolved under Article
8.
2. The Employer and the Union agree to establish a National
Teamster/UPS Committee for Technological Change, consisting
of an equal number of representatives from the Union and UPS.
The Committee shall meet upon request, but not less than three
(3) times per year, to review any planned proposed technological
changes covered by this Section. As part of this meeting, the
Committee shall discuss whether the planned technological
change violates any provision of this Agreement. Further, the
Employer will review any training required for bargaining
unit employees to perform new or modified work generated
as a result of the new technology or to utilize the new
technology, as necessary.
3. The Employer will shall simultaneously advise the affected
Local Unions and the National Teamster/UPS Committee for
Technological Change of any proposed technological changes
when the change has entered the field testing phase or at least six
(6) months prior to the implementation of such change except
where the change was later determined in which case the
Employer shall provide as much notice as possible. In all cases,
the Company will provide notice of any technological change
covered by this Section before the technology is implemented.
The Employer agrees that prior to any change, it shall notify
the Package Division and the affected Local Union(s) in
writing with the specific details and information then
available and then meet jointly with them to inform them of
the proposed changes and to resolve questions raised in
connection with the effects of the proposed change. The
information will be provided at least forty-five (45) days prior
to the meeting. During this joint meeting the Employer and
the Union shall reduce to writing all agreed upon issues and
both parties shall sign the written document in
acknowledgement of such agreement. The parties shall also
reduce to writing all unresolved issues, if any, and they shall
be referred directly to the National Teamster/UPS Committee
for Technological Change. This meeting shall be completed
where practical at least forty-five (45) days prior to the
implementation of the proposed change. The change may not
be implemented until the forty-five (45) days’ notice is
provided and the meeting is completed unless the change is
dictated by emergency conditions. The Union shall not
unreasonably delay the scheduling or completion of the
requested meeting. Any unresolved issues which have been
reduced to writing, will be resolved pursuant to Article 8.
4. The Employer shall be required to provide the National
Teamster/UPS Committee for Technological Change, any
relevant information to the extent available regarding the
technological changes.
5. The Employer will meet with the National Teamster/UPS
Committee for Technological Change, promptly after notification
to ne-gotiate regarding the effects of the proposed technological
changes.
The Technological Change Committee shall also have the right
to raise and attempt to resolve any claim that the Company’s
technological change violates any provision of the National
Master Agreement or the applicable Supplement, Rider or
Addendum.
4. If a technological change creates new work that replaces,
enhances or modifies bargaining unit work, bargaining unit
employees will perform that new or modified work. The
Employer shall provide bargaining unit employees with training
required to utilize the new technology, if necessary.
6. In the event that the National Committee cannot reach
agree-ment on the dispute, either party may refer all outstanding
disputes to the National Grievance Committee for expedited
resolution in accordance with the provisions of Article 8 in order
to determine if the Employer has violated the provisions of this
Section or if the change will result in a violation of any other
provision of the collective bargaining agreement.
7.5. This Section shall supersede any Supplemental, Rider or
Addendum provision on the same subject.
Section 5. Hourly Training
1. It is agreed that Teamster represented employees, on a
voluntary basis, may train other employees. UPS reserves the
right to choose to use or not to use Teamster represented trainers
to fulfill its training needs.
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2. Trainers shall be paid a fifty cents ($.50) one dollar ($1.00)
per hour training premium for each hour spent training.
3. Drivers training helpers, in accordance with Supplemental
Agreements, and two (2) on the car rides for the purpose of route
knowledge shall not be entitled to the training premium.
4. The parties shall establish a National Training Committee. The
Committee shall be empowered to hear and resolve any disputes
that may arise over these issues. Unresolved disputes will be
subject to the National Master Grievance Committee.
5. Each Supplemental area shall meet and agree or continue
existing agreements on the details of the application of this
agreement in their area in accordance with Supplemental
language. Other issues left for resolution at this level include, but
are not limited to, the minimum qualifications for trainers, if any,
the number of hours to be worked by the trainer, and the
application of Supplemental language concerning compensation
for work performed in higher classifications. Disputes shall be
resolved in accordance with paragraph 34.
6. Trainer selection and assignments to on the job training will be
done in accordance with supplemental seniority provisions,
providing the trainers have the necessary qualifications and skills
for the job.
7. The training records that a Teamster represented trainer can be
required to complete for drivers, are those previously agreed to
by the parties. If the Employer wishes to amend these forms, it
will first meet and agree with the National Training Committee.
Such agreement will not be unreasonably withheld. No training
record or verbal report by the trainer will be relied upon to
discipline any employee or to evaluate any seniority employee’s
performance.
8. If a trainer is removed from the qualified list by the Employer,
that employee and the Local Union shall have access to the
grievance procedure. If the Union establishes that the removal
was not for just cause, the grievant shall be reinstated and shall
be entitled to any lost training premium the trainer would
have earned.
9. No trainer shall be required to train in any method which
violates the Collective Bargaining Agreement.
10. Teamster represented trainers will not be permitted to perform
discipline an employee or recommend disciplinary action.
11. Teamster represented trainers will not be required to make
decisions or recommendations regarding the attainment of
seniority, by their trainees. The decision as to whether a trainee
attains seniority will be made solely by UPS management.
12. Employees to be retrained, after qualifying in their
classification, and seniority employees scheduled for safety rides,
may request that a non-bargaining unit employee perform that
training, in lieu of a Teamster represented trainer. Such requests
will be honored.
13. Trainers will not be held liable for auto accidents incurred by
the trainee.
Section 6. Technology and Discipline
No driver employee shall be discharged disciplined based solely
upon information received from GPS, telematics, or any
successor system that similarly tracks or surveils an driver’s
employee’s movements unless he/she engages they engage in
dishonesty (defined for the purposes of this paragraph as any
intentional act or omission by an employee where he/she intends
they intend to defraud the Company). A driver’s failure to
accurately recall what is reflected by the technology shall not by
itself be considered dishonesty. The Company must confirm by
direct observation or other corroborating evidence any other
violations warranting discharge. The degree of discipline dealing
with off-area offenses shall not be changed because of the use of
the above-mentioned systems.
No driver employee shall be issued a warning notice based solely
upon the above-mentioned systems without first having a verbal
counseling session on an identical infraction (e.g. two seat belt
violations). Any such discipline shall also comply with applicable
Supplemental disciplinary procedures and requirements.
Vehicles may not be equipped with inward-facing cameras.
Forward-facing capability of cameras shall not be used for
discipline. Further, there shall be no in-cab audio recording
or videotaping. Any functionality included in driver-facing
cameras (including their driver recording and monitoring
functionality) will be disabled and rendered inoperable to
prevent recording and monitoring of in-cab activities. Upon
request, evidence of the disabled functionality of any driver-
facing camera shall be provided to the Package Division.
Driver-facing sensors will only be used for the purpose of
triggering in-cab audible alerts related to distracted driving
and for the purpose of identifying coaching/counseling
opportunities related to the same during Integrad or the
thirty (30) day driver qualification/probationary period.
Driver-facing sensors will not be used for any purpose during
any phase of a disciplinary process or be the sole basis for
disqualifying a driver during the thirty (30) day period.
The Company acknowledges that there have been problems with
the utilization of technology in the past. Therefore, at the request
of the Union’s Joint National Negotiating Committee Co-Chair a
meeting will be scheduled with the Company Co-Chair to discuss
any alleged misuse of technology for disciplinary purposes and
what steps are necessary to remedy any misuse.
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ARTICLE 7. LOCAL AND AREA GRIEVANCE
MACHINERY
[No change]
ARTICLE 8. NATIONAL GRIEVANCE PROCEDURE
Section 1.
All grievances and/or questions of interpretation arising under the
provisions of this National Master Agreement shall be resolved
in the following manner:
Deadlocked cases at an applicable first level grievance panel
involving only National Master language may shall be submitted
directly to the National Master Panel for decisions, unless
mutually agreed otherwise by the Panel Co-Chairs. Those
deadlocked cases which cannot be decided by a lower panel
because of disagreement over the interpretation of National
Master language may be submitted to the Master Panel for
interpretation. Requests for interpretations with no factual case to
be decided will be heard by the Master Panel by mutual
agreement of the Co-Chairpersons. Interpretations rendered on
factual cases by the National Grievance Committee will be sent
back to the lower panel to be used to resolve the factual case.
The Committee shall be composed of an equal number of
Employer and Union representatives. The National Grievance
Committee shall meet upon call of the Chairman of either the
Employer or Union representatives on the National Grievance
Committee. The National Grievance Committee shall adopt rules
of procedure which may include the reference of disputed matters
to subcommittees for investigation and report with the final
decision or approval, however, to be made by the National
Grievance Committee. If the National Grievance Committee
resolves any dispute by a majority vote of those present and
voting, such decision shall be final and binding upon all parties.
When a case is docketed with the National Grievance Panel, a
docketing fee will be applied as specified in the National Master
UPS Agreement Rules of Procedure.
Section 2. Work Stoppages
[No change]
Section 3.
[No change]
Section 4.
[No change]
Section 5.
[No change]
Section 6.
[No change]
Section 7.
Deadlocked cases referred from the National Grievance
Committee to binding arbitration pursuant to this Article, will be
governed by the following procedures:
1. The arbitration process will be administered by the offices of
the American Arbitration Association, as follows:
Somerset, NJ Eastern, Central and Southern
Fresno, CA Western
2. The current arbitrators will continue to serve, except as
changed pursuant to paragraphs 4 and 7 below. Cases will be
assigned to arbitrators on a rotating alphabetical basis within each
Region based upon the order in which it was docketed at the
National Grievance Committee.
3. The panels will consist of the following number of arbitrators
who hear American Arbitration Association administered cases
in each Region of the IBT:
Eastern 9
Central 3
Southern 3
Western 5 9
4. Either party shall have the right, with written notice by
December 1 of any year, to require an exchange of lists of two (2)
times the number of arbitrators to be assigned to each regional
panel by January 1, and on January 15 will alternatively strike
from the lists until the correct number of arbitrators is left for each
panel. Unless the parties mutually agree otherwise, any arbitrator
proposed by the Employer or Union must be a member of the
National Academy of Arbitrators and reside within the
geographical area covered by the panel. This provision can only
be invoked by each party two (2) times during the life of this
Agreement.
5. Each arbitrator shall offer one or more potential hearing date(s)
within six (6) months of the assignment of the case by the AAA
or within six (6) months of a cancellation by either party as
outlined below. If the arbitrator fails to offer a timely date, or a
timely rescheduled date after a cancellation, the case shall be
reassigned to the next arbitrator to be assigned based on the
rotating alphabetical list. If an arbitrator fails to offer a timely
date on four (4) occasions in a twelve (12) month period, he/she
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they shall be stricken from the panel of arbitrators at the written
request of either party. The parties shall fill any vacancy pursuant
to the procedures set forth in paragraph 4.
6. Once a case is assigned to an arbitrator it will remain with that
arbitrator until it is concluded, except in the case of a
reassignment specified in paragraph 5.
7. The parties may mutually agree in writing to remove any
individual arbitrators from the panel at any time. Each party may
unilaterally remove two (2) arbitrators during the month of June
each year upon giving ten (10) calendar days’ notice specifying
the arbitrator to be removed. The other party shall have the right
to remove two (2) arbitrators within ten (10) calendar days from
receiving the notice. The parties shall, within forty-five (45)
calendar days, exchange a list of arbitrators double the number of
arbitrators stricken. The lists will be combined and struck fifteen
(15) days later. This process shall also be used to fill vacancies
that might occur for other reasons.
8. Except by mutual agreement arbitrations will be scheduled for
10:00 a.m. until at least 5:00 p.m.
9. There shall be no more than one (1) cancellation of arbitration
dates by either party in the hearing of any single arbitration case,
except as permitted by the arbitrator with good cause.
10. The parties shall share equally the American Arbitration
Association’s and the arbitrator’s fees and expenses for the
arbitration or settlement (including rental of the hearing room).
The party requesting a cancellation will pay any cancellation fees.
11. The location of the arbitration will be determined by mutual
agreement, taking into account the travel requirements of
witnesses, counsel, and the arbitrator. In the event that the parties
are unable to agree on the location, the arbitrator will decide. All
hearings will be held at the American Arbitration Association
offices unless the parties mutually agree on an alternate site.
12. Any or all of the foregoing may be modified in writing by
mutual agreement of the parties at any time.
ARTICLE 9. PROTECTION OF RIGHTS
Section 1. Picket Line
[No change]
Section 2. Struck Goods
[No change]
Section 3.
[No change]
Section 4.
[No change]
Section 5. Grievances
[No change]
ARTICLE 10. LOSS AND DAMAGE
Section 1.
[No change]
Section 2.
[No change]
Section 3.
The Employer shall reimburse employees for loss of personal
money or personal property in a holdup or vehicular accident
while on duty up to a maximum of two hundred dollars ($200.00)
per employee, provided the employee promptly reports such
holdup or vehicular accident to the Employer and the police, and
cooperates in the investigation of such holdup or vehicular
accident. Employees shall be paid for all time involved. However,
reimbursement for cash loss shall be limited to one hundred
dollars ($100.00). In addition, if employees experience theft or
vandalism issues related to personal vehicles in designated
employee-parking lots, the applicable Local Union may notify
the District Labor Manager of the issues and request a
meeting with Security to discuss specific concerns, as well as
possible steps that can be taken to enhance security in the
affected parking lot. In addition, if an employee whose
personal vehicle was subject to theft or vandalism while
parked in a designated Company parking lot provides
immediate notice to the Company and obtains a police report,
the Company will reimburse the employee up to five hundred
dollars ($500), to the extent the theft or vandalism is not
covered by the employee’s insurance.
ARTICLE 11. WEEKEND WORK SCHEDULES
Effective upon ratification previously classified Article
22.4(b) drivers shall be reclassified to Regular Package Car
Drivers (RPCDs), placed in seniority according to the
applicable Supplement, Rider or Addendum and have their
pay rate adjusted to Top Rate or applicable Article 41,
Section 2.c. progression rate, effective August 1, 2023.
Further, they will be covered by the Article 37 “9.5”
provisions and “8 hour requests” as well as all other rights
and benefits as an RPCD.
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The parties agree in those buildings where the Employer is
currently utilizing or elects to utilize in the future, a six (6)
day package delivery operation the following will apply:
Section 1. Process of Reclassifying
a. RPCD workweeks shall be Monday through Friday or
Tuesday through Saturday. These two workweek
schedules will be staffed in accordance with the
applicable Supplement, Rider or Addendum except as
follows:
(i) Drivers hired as a RPCD before August 1, 2019
shall not be forced to a Tuesday-Saturday workweek
but shall be allowed to bid such workweek according
to the applicable Supplement, Rider or Addendum.
(ii) Drivers hired as a RPCD after August 1, 2019
may bid either a Monday-Friday or Tuesday-
Saturday workweek as may be determined in the
applicable Supplement, Rider or Addendum.
(iii) Previously classified Article 22.4(b) drivers shall
remain on a Tuesday-Saturday workweek unless the
number of necessary Tuesday-Saturday workweek
schedules can be covered by RPCDs described in
Paragraphs (i) or (ii) above.
(iv) If the number of Tuesday-Saturday workweek
schedules cannot be covered by the drivers in
Paragraphs (ii) or (iii), the Company may assign the
open Tuesday-Saturday workweek schedule(s) to the
junior RPCD hired after August 1, 2019 according to
the applicable Supplement, Rider or Addendum.
(v) In any buildings without sufficient staffing to
handle Saturday delivery needs after the process set
forth above, the Local Union and the Company will
meet and resolve on a local basis. If not resolved
within sixty (60) days of ratification, the matter may
be referred to the Co-Chairs of the National
Negotiating Committee or their designees for
resolution.
b. No RPCD shall be forced to work any day outside of
their regular scheduled workweek. RPCDs who
currently qualify for 9.5 rights shall not have their rights
affected due to the reclassification of 22.4s.
Section 2. Recognizing that the Employer currently only
utilizes five (5) day delivery operations in some locations, at
least forty-five (45) days advance written notice shall be
provided to the affected Local Union(s) prior to transitioning
to a six (6) day delivery operation following ratification.
ARTICLE 12. POLYGRAPH/TIMECLOCKS
No applicant for employment and no employee will be required
to take any form of a lie detector test as a condition of
employment.
Upon request, an employee or the Union may inspect the record
of an employee’s time recorded on the DIAD or other device for
previous days’ work. An employee will be permitted to examine
the operation record for the current pay period for the purpose of
ascertaining his/her their hours worked. If an employee has an
issue with his/her their hours worked for a particular day, the
Employer will provide the employee, upon request, with a print
out printout of his/her their hours worked.
The Employer shall not alter the information from the DIAD
board, or information recorded through the use of any other
technology, so as to diminish an employee’s compensable time,
without the employee’s knowledge. Further, the Employer shall
post for an employee’s review, a copy of the PTE edits for each
day. No supervisor shall use a DIAD, or any other information
recorded through the use of any other technology, under the name
of an hourly employee unless the employee is present. This
includes for the purpose of training and demonstration.
Employees will not be responsible for any work performed by
another employee using any electronic device under their name.
An employee’s hours worked and rate of pay shall be available
for review electronically by the affected employee on a Company
maintained website.
Upon request by an employee, steward or Local Union to a
Company supervisor or their designee, the Employer shall
provide copies of ODS messages. When such request is made on
the same day the transmission(s) were sent, the operating center
shall provide the printed copy of the transmission(s) that day.
When such request is made after the day the transmission(s) were
sent, but within twenty-five (25) days thereafter, the printed copy
of the transmission(s) shall be provided within five (5) working
days.
By January 1, 2026 the Employer shall implement an
employee accessible payroll system that provides access to
start and finish times, pay codes, pay amounts and scheduled
time off. This system will also provide the time, date and the
nature of any alterations made by any member of
management. The information in the system shall be updated
on, at least, a daily basis.
When requested by the Union, time clocks will be left in place for
employees to record their work hours for their own personal use.
ARTICLE 13. PASSENGERS
[No change]
7/26/2023
- 9 -
ARTICLE 14. COMPENSATION CLAIMS
Section 1.
When an injury is reported the reference number will be given to
the employee and when requested, a copy of the injury report will
be furnished to the employee within two (2) working days of such
request. A copy of the injury report will also be furnished to the
Local Union if requested by a Local Union official.
The Employer agrees to cooperate and make a reasonable effort
to provide the disposition of employee on-the-job injury claims
within ten (10) business days. No employee will be disciplined or
threatened with discipline or retaliated against as a result of filing
an on-the-job injury report. The Employer or its designee shall
not visit an injured worker at his/her their home.
The Employer shall provide the Union Co-chair of the National
Safety and Health Committee with current summaries of the
essential functions of all positions covered by this Agreement.
The Union shall have the right to challenge any such summary
through the applicable grievance procedure. Any employee who
is adversely affected by any such summary shall have the right to
challenge such summary through the applicable grievance
procedure.
Any such decisions or settlements rendered through the grievance
procedure, including but not limited to, at arbitration, shall be
based solely upon, and applicable to, the facts present in that
individual case and shall have no precedential effect beyond that
case. This stipulation is limited to cases involving or referencing
essential job functions.
The Employer shall provide Worker’s Compensation protection
for all employees even though not required by state law or the
equivalent thereof if the injury arose out of or in the course of
employment.
An employee who is injured on the job, and is sent home, or to a
hospital, or who must obtain medical attention, shall receive pay
at the applicable hourly rate for the balance of his/her their
regular shift on that day. Upon receiving an employee’s timely
report of injury, the Employer shall not pressure an employee to
continue to work, nor shall the Employer interfere with an
employee seeking medical attention. When, because of such
pressure, an employee spends time in a clinic after his or her their
normal finish time, the time spent shall be the subject of a pay
claim through the grievance procedure.
An employee who has returned to regular duties after sustaining
a compensable injury, and who is required by the Worker’s
Compensation doctor to receive additional medical treatment
during the employee’s regularly scheduled working hours, shall
receive the employee’s regular hourly rate of pay for such time.
The Employer agrees to provide any employee injured locally
immediate transportation, at the time of injury, from the job to the
nearest appropriate medical facility and return to the job, or to the
employee’s home, if required. In such cases, no representative of
the Employer shall be permitted to accompany the injured worker
while he/she is they are receiving medical treatment and/or being
examined by the medical provider, without the employee’s
consent. In the event that any employee sustains an occupational
illness or injury while on a run away from the home terminal, the
Employer shall obtain medical treatment for the employee, if
necessary, and, thereafter, will provide transportation by bus,
train, plane or automobile to the employee’s home terminal, if
and when directed by a doctor.
An employee that has a change in his/her their medical duty
status shall report that change to the Employer.
In the event of a fatality, arising in the course of employment
while away from the home terminal, the Employer shall return
the deceased to the home of the deceased at the point of domicile.
Section 2. Temporary Alternate Work
[No change]
Section 3. Permanently Disabled Employees
[No change]
Section 3.1
[No change]
ARTICLE 15. MILITARY CLAUSE
Section 1. USERRA Rights
[No change]
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 eligible 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 employee 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 they are 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:
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- 10 -
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
vacation available upon his/her their return.
For the next contractual vacation period, the employee shall be
credited with the vacation he they would have accrued while he
was they were on military leave. In no event shall the employee
have less than he is they are entitled to based on total years of
service under the applicable Supplement.
Any time off provided by a Supplement, Rider or Addendum
other than vacation (e.g. option weeks or sick days) similarly
shall continue to accrue while on approved military leave and
will be restored on a pro-rata basis in the same manner as
vacation for eligible employees, depending on the quarter in
which the employee returns to work. Any fractional day will
rounded up to the next whole number.
The treatment of unused vacation and the scheduling of the
vacation, as well as the treatment and scheduling of time off
other than vacation, shall be in accordance with the applicable
Supplemental Supplement, Rider or Addendum.
Section 3. Notification of Leave
[No change]
Section 4. Spousal Transfer Rights
[No change]
ARTICLE 16. LEAVE OF ABSENCE
Section 1.
[No change]
Section 2.
[No change]
Section 3. Loss of License
Section 3.1 Leave of Absence
[No change]
Section 3.2 Alternate Work (Other than Alcohol/Controlled
Substance)
[No change]
Section 3.3 Alternative Work (Alcohol/Controlled Substance)
When an employee, in any job classification requiring driving,
has lost his/her their license for driving under the influence of
alcohol or a controlled substance he/she they will be offered
available inside work of one (1) full-time or two (2) part-time
openings, not to exceed two (2) years provided that the employee
is assessed by a Substance Abuse Professional (SAP) and is
released to return to work by the SAP. The SAP shall establish
the terms upon which the employee may return to work. The
employee must also enter a rehabilitation program, if required by
the SAP, within one (1) month of the SAP’s assessment. The
employee shall be returned to driving once he/she they
successfully completes complete the rehabilitation program,
provided his/her their driving privileges have been restored. The
employee shall receive the appropriate rate of pay for the job
performed based on his/her their seniority. Coverage for benefits
shall continue for the length of the leave of absence or for the job
duration, up to two (2) years.
Any driver cited for Driving Under the Influence who does not
have his/her their license suspended, or who has limited driving
privileges, shall be assessed by a SAP within five (5) working
days of the citation. If the SAP determines the driver does not
require rehabilitation, then he/she they shall be allowed to return
to driving. Until the assessment is completed, the driver shall be
allowed to work at his their hourly wage and guarantee. If
rehabilitation is required, the above paragraph shall also be
applicable. The right to rehabilitation provided in Article 35,
Section 4.11 shall not be applicable to a driver who completes a
rehabilitation program under this paragraph, unless, as a result of
the DUI citation, the driver is convicted or loses his/her their
license for driving. If a citation later results in a non-
conviction, the SAP will determine whether the employee
needs to complete or immediately be released from the
rehabilitation and/or aftercare treatment program.
This Section does not apply to the employee that has lost his/her
their license for being disqualified for testing positive for
controlled substances.
Section 3.4 CDL Qualification
[No change]
Section 4. Maternity and Paternity Leave
It is understood that maternity leave for female employees shall
be granted with no loss of seniority for such period of time as her
their doctor shall determine that she is they are physically or
7/26/2023
- 11 -
mentally unable to return to her their normal duties and maternity
leave must comply with applicable state and federal laws.
The Employer shall provide a place, other than a bathroom,
that is shielded from view and free from intrusion from
coworkers and the public, which may be used by an employee
to express breast milk. A reasonable break time for an
employee to express breast milk for such employee’s nursing
child shall be considered hours worked if the employee is not
completely relieved from duty during the entirety of such
break.
A light duty request, certified in writing by a physician, shall be
granted in compliance with state or federal laws, if applicable.
Light duty requests shall also be made through the Employer’s
“Light Duty for Pregnant Workers” program.
Paternity leave shall be granted in accordance with Section 6 of
this Article with the exception of employees not able to meet the
qualifications set out in Section 6, who shall be granted leave not
to ex-ceed one (1) week.
Notwithstanding any provision to the contrary in any
Supplement, Rider, or Addenda, an employee shall be allowed to
designate in any vacation year paid time off up to twenty (20)
days, to be used in the next vacation year, in accordance with this
paragraph. Any paid time off that is provided on a weekly basis
can only be banked in weekly increments. The accrued paid time
off may be used in the next vacation year to cover any period of
time that (1) the employee is determined to be unable to perform
her their job due to pregnancy (for the father, time off is
requested due to the birth) and (2) is not covered by the FMLA,
existing disability plans or other paid time off. If the accrued time
off is not used in that year, it will be paid to the employee within
two (2) weeks of the request. If the vacation is not used as part of
the leave, and it would have originally been taken in that vacation
year, the employee shall also have the option of rescheduling the
unused vacation as time off in accordance with local practice.
Section 5. Rehabilitation ProgramLeave of Absence
[No change]
Section 6. Family and Medical Leave Act (FMLA)
All employees who have worked for the Company for a minimum
of twelve (12) months and worked at least 1250 hours during the
past twelve (12) months are eligible for unpaid leave as set forth
in the Family and Medical Leave Act of 1993.
Additionally, any employee not covered above, that has worked
for the Company for a minimum of thirty-six (36) months and
accrued at least 625 paid hours during the past twelve (12) months
is eligible for unpaid leave as set forth below, except that the
amount of leave allowed will be computed at one half (1/2) of the
time provided by the FMLA.
Eligible employees are entitled up to a total of 12/6 weeks of
unpaid leave during any twelve (12) month period for the
following reasons:
1. Birth of a child;
2. Adoption or placement for foster care;
3. To care for a spouse, child, or parent of the employee due to a
serious health condition;
4. A serious health condition of the employee.
The employee’s seniority rights shall continue as if the employee
had not taken leave under this section, and the Employer will
maintain health insurance coverage during the period of the leave.
The Employer may require the employee to substitute accrued
paid vacation or other paid leave for part of the 12/6 week leave
period. Employees shall be allowed to retain up to two (2)
weeks of accrued paid vacation that will not be substituted for
part of the 12/6 week leave period.
The employee is required to provide the Employer with at least
thirty (30) days advance notice before FMLA leave begins if the
need for leave is foreseeable. If the leave is not foreseeable, the
employee is required to give notice as soon as practicable. The
Employer has the right to require medical certification of a need
for leave under this Act. In addition, the Employer has the right
to require a second (2nd) opinion at the Employer’s expense.
The provisions of this section are in response to the Federal Act
and shall not supersede any state or local law, which provides for
greater employee rights.
Section 7. Disability
[No change]
ARTICLE 17. PAID FOR TIME
All employees covered by this Agreement shall be paid for all
time spent in service of the Employer. Rates of pay provided for
by this Agreement shall be minimums. Time shall be computed
from the time that the employee is ordered to report for work and
registers in and until the employee is effectively released from
duty. All time lost due to delays as a result of overloads or
certificate violations involving federal, state or city regulations,
which occur through no fault of the driver, shall be paid for by
the Employer.
The Employer will not allow employees to work prior to their
start time without appropriate compensation.
7/26/2023
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Wages for properly selected vacations, in all instances, will be
paid to the employees no later than the workday prior to their
vacation. If the employee does not receive his/her their vacation
check, the Employer will make all reasonable efforts to provide
the check the following day including delivery by Saturday or
Next Day Air. If the employee requests to see his their vacation
check on the Monday as permitted below and the Employer fails
to make the vacation payment available by Saturday following
the employee’s regular scheduled pay day, the employee shall be
paid an additional amount equal to one-half (1/2) of his or her
their daily guarantee at his or her their regular hourly rate of pay
for every subsequent pay period until the shortage is corrected.
Other shortages involving more than fifty ($50.00) dollars for
full-time employees, and twenty-five ($25.00) dollars for part-
time employees, will be corrected and the payment will be made
available to the employee at his/her their reporting location on
his/her their second scheduled workday after reporting the
shortage. If the Employer fails to make the payment available on
the a full-time employee’s second scheduled workday and the
shortage was the result of the Employer’s error, the full-time
employee will be paid an additional amount equal to one-half
(1/2) of his/her their daily guarantee at his/her their regular
hourly rate for every full pay period in which the shortage is not
paid after the second (2nd) scheduled work day, until corrected.
If the payroll error for a full-time employee is not corrected
within two (2) pay periods, the payroll error penalty
described above shall be increased to the full-time employee’s
full daily guarantee.
If the payroll error involves a part-time employee, the penalty
paid for shortages described above which are not paid on the
second (2
nd
) scheduled work day shall be equal to four (4)
hours times the part-time employee’s regular hourly rate.
The four (4) hour payroll error penalty for a part-time
employee shall continue to be paid for every full pay period
in which the shortage is not corrected.
Within thirty (30) days of the implementation of the
Employer’s new payroll processing system, but no later than
January 1, 2026, the following shall apply: The payroll error
penalty described above for full-time employees shall be
increased to the employee’s full daily guarantee for every full
pay period in which the shortage is not paid after the second
(2
nd
) scheduled work day, until corrected. For part-time
employees, the payroll error penalty shall remain at four (4)
hours pay. If the payroll error is not corrected for a part-time
employee within two (2) pay periods, the penalty shall be
increased to five (5) hours.
Errors of less than fifty ($50.00) dollars for full-time employees
or twenty-five ($25.00) dollars for part-time employees and
overages will be corrected in the following weekly paycheck. The
Union and Employer shall have the authority at any level of the
grievance procedure to award a penalty up to the amount
specified in the prior paragraph for any violation of the provision.
If an employee works in different classifications during a shift
that are paid at different rates, the different hours and rates shall
be available for review electronically by an employee on a
Company maintained website. Any grievance payments included
on a paycheck will also be available for review by affected
employees electronically with the applicable identifying
grievance number on a website maintained by the Employer.
Nothing in this paragraph is intended to eliminate any local
practices regarding availability of data regarding grievance
settlements.
Any grievance settlement not paid within ten (10) working days
of the settlement shall entitle the grievant(s) to a penalty payment
as outlined above. The ten (10) working day period shall begin to
run when the management Labor Department representative
agrees to the settlement, or is notified by the Union or
management team of the settlement. The Employer shall pay a
maximum of one penalty payment for a multi-grievant grievance,
which shall be subject to the additional penalties set forth above
for untimely payment, until corrected.
When an employee notifies the Employer in writing of any
ongoing overpayment, the employee’s increasing liability will
cease five (5) working days after the date of the written
notification. The notification shall be provided to the employee’s
immediate supervisor or manager.
All employees must receive their vacation pay in a separate check
before taking vacation. Vacation checks for an employee, who is
taking a properly scheduled vacation in accordance with the
applicable Supplement, Rider or Addendum, will be at the
operating center on Monday of the week prior to the employee’s
vacation week(s). This is to ensure that the employee receives
his/her their pay prior to taking his/her their vacation. The
employee will be shown his/ her their check upon request, but
will not receive the check until the regular scheduled pay day.
All green checks will be taxed at the employee’s regular
withholding tax rate.
Paycheck stubs will show the year-to-date vacation, sick and
personal leave balances.
ARTICLE 18. SAFETY AND HEALTH EQUIPMENT,
ACCIDENTS AND REPORTS
Preamble
[No change]
Section 1. Employees' RightsEquipment, Vehicles and
Conditions
7/26/2023
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[No change]
Section 2. Out of Service Equipment and Vehicle Reports
[No change]
Section 3. Accidents and Reports
[No change]
Section 4. Seats
[No change]
Section 5. Sun Visors
[No change]
Section 6. Building Heat
[No change]
Section 6.1 Indoor Air Pollution
[No change]
Section 7. Trailer Configuration
The Employer will make every effort to have the heaviest loaded
trailer as the lead trailer. If the percent of load in one (1) trailer
exceeds the other by twenty-five percent (25%) or more, such
trailer shall be the lead trailer, except when state or federal
regulations require otherwise. However, if the driver feels the
percentage exceeds twenty-five percent (25%) in the rear trailer
or the unit does not handle properly, he/she they may contact
management and will be authorized to switch the unit and be paid
for such time. If there is a dispute over the load(s) the
Company will remove the seal(s) to confirm the percentage(s)
while on UPS property. Air Container loads are excluded.
Section 8. Radios
[No change]
Section 8.1 Distracted Drivers
[No change]
Section 8.2 Non-Driving Employees
The use of handheld devices by non-driving employees will be
allowed with the approval of the Employer. in accordance with
the facility’s current security practice.
Section 9. Tires
[No change]
Section 10. Shocks
[No change]
Section 11. Mirrors
All vehicles shall be equipped with regular mirrors and a convex
mirror.
New feeder road equipment shall be equipped with heated
mirrors. Any feeder road equipment not presently equipped shall
be equipped with heated minors mirrors when the mirrors
require replacement.
The Employer shall continue to install and maintain the agreed to
camera monitor backing system devices in all package cars for
the furtherance of safety while backing. If technological advances
would allow a more effective system or enhancements in the
current system, the Employer shall meet with the Union to discuss
and review any potential changes. Where available, the
Employer will lease or rent vehicles with camera monitor
backing system devices or a cross view back up mirror.
Upon request, cab-over tractors with a lower window on the right
side door will be equipped with a convex mirror on the door.
Section 12. Dollies
[No change]
Section 13. Exhaust System
All new diesel tractors added to the fleet after January 1, 1994,
shall be equipped with a vertical exhaust stack. Recognizing the
advances made in the reduction of diesel emissions, the chairmen
of the National UPS/IBT Safety and Health Committee shall meet
to discuss a pilot program involving alternative tractor exhaust
systems. Recognizing the advances made in the reduction of
diesel emissions, the Company may introduce alternate
exhaust systems in all new tractors acquired after January 1,
2024. Package car exhaust systems, when replaced, shall exit to
the side of the vehicle.
Section 14. Package Cars And Other Vehicles
All new package cars, P-32 and larger, added to the fleet shall be
equipped with package compartment venting. Upon ratification
of this Agreement, the Climatic Conditions Committee shall meet
to evaluate and, if needed, recommend appropriate method(s) for
venting the package compartments. The installation of cab
com-partment fans will be determined by individual districts. P-
7/26/2023
- 14 -
200 through P-470 vans purchased after January 1, 2024 shall
be equipped with in-cab air conditioning systems. In addition,
pushbacks and fuel trucks purchased after January 1, 2024
shall be equipped with in-cab air conditioning. All new
package cars, P-500 and larger, shifting units, and twenty-
four (24) foot box vans purchased after January 1, 2024 shall
be equipped with in-cab air conditioning systems. All air
conditioning systems will be repaired as needed. A single fan
will be installed in the cab of every existing package car, P-
500 and larger, no later than thirty (30) days following
ratification of this Agreement. A second fan will be installed
in the cab of every existing package car, P-500 to P-1200, by
no later than June 1, 2024.
In order to expedite the replacement of existing vehicles with
new vehicles equipped with air conditioning, the Employer
shall make reasonable efforts to prioritize the allocation of
package cars purchased after January 1, 2024 to Zone 1 until
such time as all package cars in Zone 1 are equipped with air
conditioning. The Company then shall use reasonable efforts
to prioritize Zone 2 and then Zone 3. The allocation of
package cars may take into account factors that include, but
are not limited to, state emissions and efficiency standards,
existing vehicle retirement schedules, and business growth
levels. The Employer may, if it so desires, redistribute
displaced vehicles for use in other Zones until such time as
they are replaced by new vehicles equipped with air
conditioning.
All new non-electric package cars and vans that are model
year 2023 and later shall be delivered with factory installed
exhaust heat shields. P-500 to P-1200 package cars model
year 2023 and later also shall be equipped with air induction
vents for the package compartment. With eighteen (18)
months following ratification of this Agreement, all non-
electric package cars P-500 and larger shall be retrofitted
with exhaust heat shields. Within eighteen (18) months
following ratification of this Agreement, package cars P-500
to P-1200 shall be retrofitted with an air induction vent scoop.
Within ten (10) days of ratification of this Agreement, an
IBT/UPS Package Car Heat Committee will be created,
consisting of three (3) individuals appointed by the Union and
three (3) individuals appointed by the Employer, and shall
meet to begin discussing appropriate methods for venting and
insulating the package car cargo compartments. The
Committee also shall identify potential venting and insulation
solutions for evaluation and field testing, including, but not
limited to, the installation of an insulation product on the
floor of package car cargo compartments. By October 1,
2024, the Committee shall issue its determination as to an
additional appropriate venting and/or insulation solution(s)
to reduce the temperature in package car cargo
compartments. Should the Committee be unable to agree by
that date, the matter shall immediately be referred to the
Union and Employer Chairs of the National Negotiating
Committee for resolution. If they are unable to reach
agreement, the matter shall be resolved pursuant to Article 8,
Section 6.
All requests for door handle shields coverings will be complied
with in a timely manner.
When requested, package cars larger than a P-32 will have grab
handles located on the curb side of the package car and mounted
on the inside, and will be equipped with mounting brackets to
secure hand carts. The Employer will make every effort to require
all new package car designs to have lower cab entry steps. All
new package cars shall be equipped with step tread plates on both
the driver and passenger sides. All package cars added to the
fleet prior to January 1, 2009, shall have traction tape
installed on the floor upon request.
Gear shift extensions shall be addressed on a case-by-case basis.
All new package cars placed into service shall be equipped with
power steering.
The Employer will replace at least 28,000 package cars and vans
during the life of this Agreement. at a rate no less than the
percent replaced over the duration of the prior contract that
expired July 31, 2018. The Union will be notified if the Employer
cannot meet this schedule because of volume downturns.
A package car will be equipped with a hand cart at the driver’s
request.
Section 14.1 Driver Safety and Security
[No change]
Section 15. Heaters and Defrosters
[No change]
Section 16. Noise Abatement
All new package cars and feeders, will be ordered to comply with
Federal Motor Carrier Safety Regulations (FMCSR), regarding in
cab noise levels.
Occupational noise assessment shall be conducted to evaluate
employee noise exposure in all new or retrofitted automated
facilities.
Section 17. Vehicle Integrity
[No change]
Section 18. Vehicle and Personal Safety Equipment
7/26/2023
- 15 -
All automotive vehicles shall be equipped with a manufacturer
certified seat belt restraint system. Jump seats shall be equipped
with a safety belt. Three-point shoulder harness safety belts shall
be provided on the driver’s side of all new vehicles, and on the
jump seat for all new P-32 through P-120 vehicles and all new
24-foot vans. It shall be required that the driver’s seat belt and the
jump seat safety belt be worn at all times when the vehicle is
moving. Feeder tractor door locks, where provided as original
equipment, shall be maintained in working order.
Golf cart usage will comply with applicable federal, state and
local regulations.
Within one-hundred and twenty (120) days of ratification of
this Agreement, the IBT/UPS National Safety and Health
Committee shall meet to create an educational program and
develop a solution for preventing dog bites.
Section 19. Qualification on Equipment
[No change]
Section 19.1. Clerical Areas
[No change]
Section 20. National UPS/IBT Safety and Health Committee
Section 20.1 National UPS/IBT Safety and Health
CommitteeSafety, Health and Equipment Issues
[No change]
Section 20.2National UPS/IBT Safety and Health
Grievance Committee
[No change]
Section 20.3 Climatic Conditions Committee
[No change]
Section 20.4 Safety and Health Committees
[No change]
Section 21. Hazardous Materials Handling Program
[No change]
Section 22. Incompatible Package Handling
The Employer agrees that all irregular or incompatible packages
such as bars, buckets, exposed metal parts, tire rims, etc., shall be
given special handling in accordance with UPS handling methods
and local conditions. Under no circumstances shall irregular,
incompatible, or over 70lb packages be comingled with
regular packages on a moving belt or slide.
Section 23. Union Liability
[No change]
Section 24. Egress
The Employer and Union shall monitor conditions in and
around all work areas including but not limited to sort aisles and
areas where vehicles are loaded or unloaded to ensure that
temporary impediments created by placed or fallen packages are
minimized. The Employer shall not permit packages, materials,
or equipment to be placed permanently or temporarily within the
28in wide exit access in front of an exit door or at the top or
bottom of a stairway that is part of an exit access point.
Section 25. Building Security
[No change]
Section 26. Recording Devices
[No change]
Section 27. Heat-related Injury and Illness Prevention
The employer shall establish and implement a heat illness
prevention plan. The plan shall be made available for
viewing by employees and the Union. Employees shall be
trained on the contents of the Employer’s heat illness
prevention plan.
The Employer shall monitor environmental conditions as
close to the individual worksite as possible, including a daily
check of the US National Weather Service or use of the
OSHA.gov or similar source of temperature data.
The Employer shall:
1. Provide each building with an adequate amount of
potable drinking water sufficient for the number of
employees working on each shift.
2. Provide, on a one-time basis, to each regular
package car driver a one-gallon durable insulated
container, who has not received an insulated water
jug from the Company.
3. Provide each building with an adequate number of
ice machines sufficient for the number of employees
working on each shift, which are maintained in
good working order, clean, and in sanitary
condition or have ice delivered and available.
4. Train employees to report heat-related symptoms
and request emergency assistance.
7/26/2023
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5. Designate one or more employees in each building
per shift, who are dedicated to heat-related injury
and illness prevention and who are authorized to
call for emergency medical services. Other
employees shall be able to call for emergency
services when no designated employee is available.
6. Provide a graduated workload to new Employees
for purposes of acclimatization for the first five (5)
to seven (7) working days and monitor for signs and
symptoms of heat injury and illness.
7. Install additional (minimum of 18,000) fans to
improve air circulation throughout the buildings
during the 2023-2028 CBA.
8. Install additional (minimum of 2,500) water
fountains throughout the buildings during the 2023-
2028 CBA.
9. Allow overhead doors to be opened, where security
and weather conditions allow, to induce cross
ventilation.
10. Monitor employees for heat-related illness and
injury.
11. Communicate heat related injury and illness events
during the pre-shift communication (PCM)
meetings to review prevention steps.
12. Identify areas that can be used for shade or cool
zones.
13. Employees shall be allowed to follow best practices
as outlined in the employer’s heat stress training.
ARTICLE 19. POSTING
[No change]
ARTICLE 20. EXAMINATION AND IDENTIFICATION
FEES
Section 1. Required Examination
[No change]
Section 2. Return to Work Examination
[No change]
Section 3. Third Doctor Procedure
[No change]
Section 4. Disqualified DriverAlternative Work
[No change]
Section 5. Identification
Should the Employer find it necessary to require employees to
carry or record full personal identification, such requirements
shall be complied with by the employees. The cost of such
personal identification shall be borne by the Employer.
Employees, other than applicants, shall be paid up to two (2)
hours at their current straight time hourly rate of pay for
their time in the process of obtaining an airport badge. This
includes obtaining the initial badge and any recertification
badge. Provisions in Supplements, Riders or Addenda that
are superior shall prevail.
All management personnel shall wear an ID badge or nametag
identifying them as supervision while on duty and shall provide
their name upon request.
ARTICLE 21. UNION ACTIVITY
[No change]
ARTICLE 22. FULL-TIME COMBINATION AND PART-
TIME EMPLOYEES
Section 1.
[No change]
Section 2.
[No change]
Section 3.
The parties agree that providing part-time employees the
opportunity to become full-time employees is a priority of this
Agreement. Accordingly, the Employer commits that during the
life of this Agreement, it will offer part-time employees the
opportunity to fill at least twenty-two thousand five hundred
(22,500) (20,000) permanent full-time job openings throughout
its operations covered by this Agreement.
This commitment shall include the obligation to create at least
seventy-five hundred (7500) five thousand (5000) new full-time
jobs from existing part-time jobs during the last three four years
of this Agreement throughout its operations covered by this
Agreement; one thousand (1000) in the third year of the
contract; three thousand (3000) in the fourth year; and thirty-
five hundred (3500) in the fifth year of this Agreement. five
hundred (500) in the second contract year and fifteen hundred
(1500) in each of the last three years of this Agreement. In
creating these jobs, the Company shall be allowed up to one and
one half (1.5) hour gap between jobs in a workday
notwithstanding any provision in any Supplement, Rider or
Addendum that is more limiting. Any disagreements will be
referred to the Chairs of the National Negotiating Committee for
resolution.
7/26/2023
- 17 -
The number of full-time jobs created under Article 22, Section 3
of the 1997-2002, the 2002-2008, and the 2013-2018 and the
2018-2023 Agreements shall not be reduced. Within sixty (60)
days of the ratification of this Agreement the Employer shall
provide the International Teamsters Union a report detailing and
identifying the full-time jobs which will need to be maintained
pursuant to this paragraph.
Section 4.
Section 4. (a)
Part-time employees shall be given the opportunity to fill full-
time jobs before hiring from the outside on a six for-one basis (six
(6) part-time to every one (1) outside hire).
The following will be incorporated into the job selection
procedures in the applicable Supplement, Rider or Addendum:
The Employer will fill all vacancies and permanent new jobs for
part-time employees from the part-time selection list in all
months except November and December.
Part-time employees with six (6) months or more seniority shall
have the right to place their name on the list of employees waiting
to be moved to a preferred job within their building. Such
preferred jobs shall include, but not be limited to: Preload, Sorter,
Clerical, Irregular Train, Designated Responder, Carwasher,
Loader and Unloader. Employees do not have the right to select
any specific unit, load or workstation unless a prior past practice
has been established.
Part-time employees with less than six (6) months seniority shall
have the right to bid a preferred job prior to the Employer hiring
from off-the-street.
A maximum of twenty-five percent (25%) of the employees on a
shift shall be allowed to change shifts in any one (1) calendar
year. The employee obtaining the new position shall remain on
that shift for at least six (6) months.
Section 4. (b). Full-Time Combination Drivers
All existing regular full-time package car drivers (RPCD) shall
be considered RPCD drivers for the purpose of this Section. The
Union and Company commit to protect existing RPCDs from
being scheduled or forced to perform weekend delivery work and
increasing the number of full-time opportunities for part-time
employees. To achieve these objectives, the Company may create
full-time 22.4 combination driving jobs. Such jobs may include
inside work. In the event the Company utilizes this classification,
the following shall apply only to those buildings that include
Saturday or Sunday delivery.
1. The number of RPCDs working a Monday through Friday
schedule in each building, shall be verified and agreed to by each
Local Union and the Company Labor Representative, as of
August 1, 2018 and shall be protected jobs. “Protected jobs” shall
include RPCDs that will continue to be replaced by employees
covered under Article 41, Section 2. In the event the Company
does not begin Saturday or Sunday delivery at a building until
after August 1, 2018, the number of RPCD jobs in existence at
the time of implementation shall be included as “protected jobs.”
A copy of the verification shall be given to the Package Division
and to Corporate Labor. Any disputes shall be determined no later
than the October 2018 National Grievance Panel by the Director
of the IBT Package Division and the President of Corporate
Labor or their designee(s).
RPCDs working a Monday through Friday schedule shall be
guaranteed five (5) consecutive days of eight (8) consecutive
hours per report and forty (40) straight time hours of straight time
pay each week, if reporting each day as scheduled, as long as
work is available.
Those RPCDs currently working Tuesday through Saturday shall
be red circled by name and shall continue to be covered under
Article 41, Section 2.
2. It is the commitment of the parties that RPCDs work a Monday
through Friday schedule. To that end the parties agree that all
RPCDs currently working a Tuesday through Saturday schedule
will transition to a Monday through Friday schedule as soon as
practicable, within eighteen (18) months of ratification. The
Company shall have an additional six (6) months for drivers hired
directly into a Tuesday through Saturday schedule.
3. The number of protected RPCD jobs in each building as
outlined in this Article 22.4 (1) above, shall be guaranteed from
replacement by 22.4 combination drivers or from any part-time
drivers as allowed by any Supplement, Rider or Addendum. In
the event a protected job moves to another building or jurisdiction
as a result of a change of operations or otherwise, the protected
status shall follow the job. The number of 22.4 combination
drivers shall not exceed twenty-five (25%) of the total number of
RPCDs in the building. If the amount of regular Saturday or
Sunday volume in a building consistently requires RPCD drivers
to work Saturday or Sunday because of the twenty-five percent
(25%) limit, the Package Division Director and UPS President of
Labor Relations shall be allowed to adjust the limit based on
demonstrated service need.
4. No RPCD shall be laid off or displaced from the classification
while 22.4 combination drivers are working in the building.
5. All 22.4 combination drivers shall be guaranteed eight (8)
consecutive hours of straight time pay per day, if reporting as
scheduled. All 22.4 combination drivers shall work a five (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.
7/26/2023
- 18 -
6. When the new job includes inside work, the Company shall be
entitled to establish up to a one-and-one-half hour (1.5) gap, to
include the meal period, between jobs in a workday. All other
working conditions not set forth herein, including, but not limited
to, the work available for combination with driving, bidding
procedures, holidays, vacations, etc. shall be set forth in the
Supplements, Riders and Addenda.
7. 22.4 Combination drivers shall be paid in accordance with
Article 41.4.
8. In the event the Company needs additional staffing to cover
Saturday or Sunday ground deliveries, such work shall first be
offered to RPCDs as set forth above, then to Article 22.4
combination drivers on their scheduled off day, then to part-time
utility/cover/casual employees as permitted in the Supplement,
Rider or Addendum. If sufficient volunteers are not obtained, the
Company may force in reverse order in accordance with the
applicable Supplement, Rider or Addendum.
9. No 22.4 combination driver shall be required to complete more
than one (1) qualification period or progression. Any 22.4
combination driver in progression who successfully bids any
other full-time position shall slot in at the appropriate rate for the
classification.
10. In the event a protected RPCD position becomes available, it
shall be filled in accordance with the Supplement, Rider or
Addendum, provided, however that no RPCD position shall be
filled by an outside hire unless the job remains unfilled after
exhaustion of the applicable bidding procedure.
11. Newly created 22.4 combination driver positions shall count
toward the newly created 22.3 jobs required by this Agreement.
12. Article 37, Section 1 (b) and (c) shall not apply to 22.4
combination drivers. In those buildings in which the Company
creates 22.4 combination jobs to cover weekend deliveries,
Article 37 Section 1 (c) 9.5 protections shall apply to all seniority
RPCDs regardless of the route they hold or number of years of
seniority.
Sections 5. Wages
(a) Part time Employees
(1) All part-time employees who have attained seniority as of
August 1, 202318 will receive the following general wage
increases for each contract year. but will in no case receive less
than the hourly start rate specified on August 1
st
2018-2022 as set
forth in b. below. The total wage increase for each year will be as
follows:
2018 seventy cents ($0.70)
2019 seventy-five ($0.75)
2020 eighty cents ($0.80)
2021 ninety cents ($.90)
2022 one dollar ($1.00)
2023 two dollars and seventy-five ($2.75)
2024 seventy-five cents ($0.75)
2025 seventy-five cents ($0.75)
2026 one dollar ($1.00)
2027 two dollars and twenty-five cents ($2.25)
(2) Any seniority part-time employee below twenty-one
dollars ($21.00) after the application of the general wage
increase shall be raised to the minimum of twenty-one
dollars ($21.00) and shall thereafter be eligible for the above
general wage increases and the one-time longevity increase
below.
(3) After application of the GWI and the minimum twenty-
one dollar ($21.00) rate, the following one-time longevity
increases shall become a part of the applicable employee’s
base wage rate, based on their original hire date:
Five (5) up to ten (10) years of service (YOS)-fifty cents
($0.50) per hour
Ten (10) up to fifteen (15) YOSone dollar ($1.00) per
hour
Over fifteen (15) YOS-one dollar and fifty cents ($1.50)
per hour.
The applicable longevity increase will be applied for each
eligible employee on August 1, 2023.
For example, if an employee’s date of hire is August 1, 2002,
effective August 1, 2023 the employee will receive the two
dollar and seventy-five cent ($2.75) general wage increase and
the one dollar and fifty cent ($1.50) per hour longevity wage
increase based on the accrued twenty-two (22) years of
service.
(b) Newly hired part-time employees
In recognition of the fact that all of the Company’s part-time jobs
require skills and to eliminate the two (2) tier progression existing
in prior contracts, the parties have agreed to establish one uniform
hourly rate for part-time employees who would have been subject
to a progression. As such, aAll part-time employees, who are
hired or reach seniority after August 1, 202318 will be paid
according to the following progression wage schedules:
August 1, 2018 $13.00
August 1, 2019 $14.00
August 1, 2020 $14.50
August 1, 2021 $15.00
August 1, 2022 $15.50
Start $21.00
Twelve (12) months $21.50
Twenty-four (24) months $22.00
7/26/2023
- 19 -
Thirty-six (36) months $22.50
Forty-eight (48) months $23.00
The start rate for part-time employees hired after August 1,
2027 shall be increased to twenty-three dollars ($23.00).
Employees already in progression shall be raised to twenty-
three dollars ($23.00) on August 1, 2027.
(c) The wage rates and increases provided in (a) and (b) shall
be a minimum.
(d) All part-time employees governed by this Article shall be
provided a minimum daily three and one-half (3-1/2) hour
guarantee.
(e) Seniority part-time employees who are receiving an hourly
rate higher than set forth above in Section (b), as a result of a
Market Rate Adjustment, shall not have their hourly rate reduced
due to the implementation of this Article.
Section 6. Part-Time Employee Transfer
Part-time employees who wish to transfer to another location for
educational purposes may submit a written request to the
Employer. In addition, part-time employees who wish to
transfer to another location for non-educational purposes
may submit a written request to the Employer provided the
facilities in question are more than fifty (50) miles apart. If
approved Tthe transfer shall be allowed subject to the following
conditions:
A. A part-time opening exists at the desired location.
B. Employees must have attained seniority and been employed
by the Employer for at least one (1) year.
C. Job Classification Seniority shall be end-tailed.
D. Company seniority shall be retained for the purpose of number
of weeks of vacation, and number of holidays in accordance with
the applicable Supplement at the new location.
E. Any expenses, including moving expenses associated with an
approved transfer, shall be the responsibility of the employee.
F. It is the Employee’s responsibility to verify all benefits
including, but not limited to, medical, dental, vision, retiree’s
medical coverages and pensions at the requested transfer
location.
G. The Employer shall be required to notify the Local Union
that has jurisdiction over the requested transfer location that
the employee has been transferred to that location.
Section 7. Benefit Entitlements
[No change]
Section 8. Part-Time UPS Cartage Services, Inc. (CSI)
Employees
[No change]
ARTICLE 23. SEPARATION OF EMPLOYMENT
[No change]
ARTICLE 24. INSPECTION PRIVILEGES
[No change]
ARTICLE 25. SEPARABILITY AND SAVINGS
[No change]
ARTICLE 26. COMPETITION
Section 1.
The Union recognizes that the Employer is in direct competition
with the United States Postal Service and other firms engaging in
the distribution of express letter, parcel express, parcel delivery,
and freight, both air and surface. In order to meet that competition
and thereby protect and, if possible, increase the number of
bargaining unit jobs, it is agreed that any provisions in this
Agreement to the contrary notwithstanding, the Employer:
(a) may use substitute means of transportation (such as airplane,
helicopter, ship or T.O.F.C.) in its operations; provided, however,
that no feeder driver with more than three (3) years of seniority
in the feeder driver classification will be laid off or displaced
from a feeder classification as a result of a run being placed on
the rail. However, the Employer shall not be required to remove
loads from the rail to provide work for employees whose ground
loads were eliminated or temporarily discontinued. Any claimed
abuse of this Section by any of the Local Unions shall be subject
to immediate review by the National Grievance Committee.
Merchandise that has been tendered by United Parcel Service to
the railroad and moved by T.O.F.C. will not subsequently be
moved by the railroad, on the ground, to its final destination. Any
exception to the above language will be in cases of an emergency
or cases where the railroad must ground the merchandise early to
meet the company’s service commitment. In these cases, every
effort will be made to use UPS employees. The destination Local
Union will be notified if UPS employees cannot be used.
In order to expand the work opportunities for members of the
bargaining unit, the Employer will consider removing additional
loads from the railroad or the other substitute means of
transportation specified in this Article. When the Employer
7/26/2023
- 20 -
removes loads on other than a temporary basis, it shall notify the
Union of the number of new runs to be created as a result of
moving such loads on the ground. After ratification of this
agreement, the Company may bring service enhancement
projects to the Premium Services Committee for review and
approval. The Company may not implement any proposed
enhancements without the approval of the Premium Services
Committee. Agreement on plans shall not be unreasonably
withheld.
Temporary shall be limited to one (1) year six (6) months unless
there are circumstances beyond the Company’s control. The one
(1) year six (6) month period will not be exceeded unless the UPS
President of Labor Relations and Package Division Director
mutually agree. Agreement will not be unreasonably withheld.
The Employer and the Union shall agree on the most expeditious
method to obtain additional personnel and/or equipment, if
necessary, for the new runs to be operated by bargaining unit
members. If the equipment or employees are not available, the
Employer may use subcontractors for a reasonable start-up
period, not to exceed thirty (30) days. The subcontracting can
exceed thirty (30) days with the Union’s agreement if there are
problems obtaining additional personnel or equipment.
Agreement under this paragraph will not be unreasonably denied
by the Union. All feeder positions created as a result of returning
loads to the ground shall be counted toward the Employer’s
obligation to create full-time jobs under Article 22.3 of this
Agreement.
Bargaining unit employees will move scheduled T.O.F.C. loads
from the rail yards to UPS locations except during peak season.
During peak season, the Employer will make every reasonable
effort, in accordance with the appropriate Supplement, Rider or
Addendum, to use current UPS employees and hire a sufficient
number of employees to handle peak volume. After doing so, the
Employer may use alternate means of transporting packages
during peak season and will utilize union carriers whenever
possible. Plans to utilize outside carriers will be reviewed and
agreed with the Local Union. Such agreement will not be
unreasonably withheld.
No seniority feeder driver will be removed from his their bid run
at Peak and have that same route covered by an outside trucking
carrier. Rescheduled routes which may be covered by an outside
carrier will only occur if necessary to protect service.
UPS shall provide its plan to the affected Local Union by October
15th of each year. This shall not preclude UPS from making
subsequent alterations to the plan which shall also be reviewed
with the Union.
The Company will establish designated areas year-round for
outside carriers to drop-off and pick-up their designated
loads and shall review those areas with the Local Union.
Outside carriers shall only remain on property in the
designated areas for a reasonable amount of time, not to
exceed one (1) hour after their arrival time. From the Monday
prior to Thanksgiving until December 30
th
, outside carriers
shall not exceed four (4) hours on property. If a contractor
exceeds the timelines, they must leave the UPS property. All
outside carriers shall adhere to UPS safety regulations and
local yard rules. Any violations of these regulations and rules
will be addressed immediately by management. This
language will not supersede any superior benefit or
agreement in any Supplement, Rider or Addendum.
No package car driver shall be forced to use his or her their
personal vehicle to deliver packages.
(b) may drop loaded or empty trailers at locations designated by
it, its customers or consignees for customer or consignee loading
or unloading. It is understood that customers and consignees will
not move trailers for loading and/or unloading other than on their
premises. It is further understood that dropping and picking up
these trailers shall be done by members of the bargaining unit.
(c) All loading and unloading of dropped shipments at UPS
locations will be done by UPS bargaining unit employees.
(d) The Employer may not subcontract work within a local
union’s feeder jurisdiction for the purpose of avoiding
overtime. The Employer may not subcontract work in the
feeder classification if any employee on the applicable feeder
board who is qualified to perform such work is available to
cover the work, is displaced from the classification, or is on
layoff.
(e) The Employer may transition to a seven (7) day delivery
operation at locations that currently only utilize five (5) or six
(6) day operations. The Employer agrees that prior to any
transition to a seven (7) day operation, it shall notify the
Package Division and the affected Local Union(s) in writing
with the specific details and information then available and
then meet jointly with them to inform them of the proposed
change and to resolve questions raised in connection with the
effects of the proposed change. During the joint meeting, the
Employer and the Union shall reduce to writing all agreed
upon issues and both parties shall sign the written document
in acknowledgment of such agreement. The parties shall also
reduce to writing all unresolved issues, if any. This meeting
shall be completed where practical at least forty-five (45) days
prior to the implementation of the seven (7) day operation.
The seven (7) day operation may not be implemented until
the forty five (45) days’ notice is provided and the meeting is
completed. The Package Division and the affected Local
Union(s) shall not unreasonably delay the scheduling or
completion of the requested meeting. Any unresolved issues
which have been reduced to writing, will be resolved
pursuant to Article 8.
7/26/2023
- 21 -
(f) Notwithstanding any Supplement, Rider or Addendum,
the provisions in this Section 1(f) shall apply to Peak delivery
operations where employees utilize their personal vehicles.
Existing part-time employees shall be allowed to sign an
interest list between August 15th and September 15th each
year to perform this work between November 1st and the end
of the seasonal period in the applicable Supplement, Rider or
Addendum. Existing part-time employees who have signed
the intent list shall perform work covered by this Section
before the new hires referenced below. Existing part-time
employees who have signed the intent list shall be offered the
work opportunities in accordance with the provisions of the
applicable Supplement, Rider or Addendum.
Part-time employees shall be paid their inside rate or the
RPCD start rate, whichever is higher. Part-time employees
performing their inside job and seasonal package deliveries
using their own vehicle shall have an eight (8) hour daily
guarantee, but shall be obligated to complete their inside job
in addition to performing seasonal support work. Prior to
offering the work covered by this Section, existing Temporary
Cover drivers and other similar part-time cover
classifications (e.g., regular, temporary or utility drivers)
shall, however, maintain the first right to perform this
delivery work in accordance with the terms of the applicable
Supplement, Rider or Addendum.
If Peak delivery needs are not met by existing part-time
employees or cover drivers, the Employer may hire seasonal
support drivers who use their personal vehicles to deliver
packages between November 15th and December 26th each
year. Seasonal support drivers will be part-time seasonal
hires, W-2 employees and Union members in accordance with
Article 3, Section 2. The Union shall be provided access to
these employees for the purpose of encouraging them to join
the Union. These employees will receive a three (3) hour daily
guarantee. Such employees shall be entitled to all privileges
and benefits that may be provided in the applicable
Supplement, Rider or Addendum.
Both existing and Seasonal Support Drivers covered by this
Section shall be reimbursed at the applicable IRS rate for all
miles driven to perform deliveries and be provided insurance
coverage for their vehicle while performing work.
In no event shall the implementation of this Section serve to
diminish the overtime opportunities for RPCDs not using the
protections of Article 37, Section 1(c) as of September 1st of
that year, or alter bid delivery area routes for RPCDs.
Section 2.
A Joint UPS/IBT Competition Committee shall be created with
an equal number of Employer and Union representatives. The
Committee shall meet upon written request by either party for the
purpose of discussing and evaluating proposals which, if adopted
by the Committee, could create additional bargaining unit jobs,
enable the Employer to more effectively compete with other
companies, implement new services and products, or change
existing services. Nothing within this provision or Agreement
shall require the Employer to offer or maintain any particular
service or product.
In addition, the Joint UPS/IBT Competition Committee shall
have the authority to review line haul runs that may be proposed
by UPS Freight to create a two way run. UPS and the Union also
agree to review and approve proposed runs that may be inclusive
of runs currently being performed by vendors. In the event the
parties do not agree, the runs shall not be implemented.
Section 3.
[No change]
Section 4. Surepost
1) In order to retain existing commercial customers that are
solicited by a competitor offering services similar to those
described herein, or to attract new commercial customers, the
Company may offer service contracts that include the delivery of
packages by the USPS. Packages eligible for such delivery will
normally be less than ten (10) pounds in weight and less than two
(2) three (3) cubic feet in size, in accordance with paragraph (2)
below. The Company shall employ technology, prior to the
applicable preload operation, which identifies packages in
excess of ten (10) pounds or two (2) cubic feet shipped via
Surepost, so that they are redirected to bargaining unit
drivers. Further, UPS agrees that the Surepost will not be
presented as a general service offering except at UPS stores. This
service will only be offered for shipping from a business to a
residential customer. The Company agrees that it will not use
Surepost as a basis to diminish the size of the bargaining unit.
Notwithstanding any provision to the contrary, UPS agrees
that it will increase, as provided below, the number of
Surepost packages redirected to the bargaining unit on a
contract year basis as measured by the national average daily
volume (ADV). The redirected volume will be increased by
two (2) percent as compared to the national ADV for calendar
year 2022 (i.e. 42%) for the contract year beginning August
1, 2023. For each of the following contract year ending dates
the percentage of volume redirected shall be as follows: 8-1-
2024 (44%); 8-1-25 (45%); 8-1-26 (46%); 8-1-27 (48%); and
8-1-28 (50%).
2) The Company will continue to use technology that identifies
two or more Surepost packages to be delivered to the same
address and/or any combination of Surepost package(s) and
ground package(s) to be delivered to the same address. In such
circumstances, all of the Surepost package(s) and ground
7/26/2023
- 22 -
package(s) will be delivered by package drivers. The Company
will maintain and update the technology that identifies multiple
addresses in close proximity, defined as within one hundred
(100) feet, to which any combination of Surepost and ground
packages are to be delivered. The Company will monitor and
test the technology used for redirect to ensure it is operating
in accordance with the parameters of this Section not less
frequently than annually and shall provide evidence of the
testing to the Union’s Director of the Package Division. The
Company shall meet with the Competition Committee to review
any potential expansion of the volume to be redirected and
determine if it is economically feasible to handle in UPS’
operations.
The Company shall not deactivate or interfere with the operation
of the technology that redirects Surepost volume to the Company
unless volume is being rolled in a building due to delivery
constraints. In such event, redirect will only be deactivated for the
affected building(s). The redirect technology shall be
maintained to ensure that it is impossible for any local
Employer operations representative to suspend its operation.
The UPS President of Labor Relations, or his their designee, will
provide written notice to notify the Union’s Director of the
Package Division of any the building in which the deactivation
is taking place.
3) The Joint UPS/IBT Competition committee will meet on a
quarterly basis to review the progress of this service and discuss
potential technological enhancements that will allow Surepost
volume to be placed back in the UPS system for final mile
delivery. Any issues or disputes related to the Surepost service
that cannot be resolved by the Competition Committee shall be
referred directly to the Chairs of the Union and the UPS National
Negotiating Committees for discussion and resolution. In
addition, the Union may notify the Employer of any opportunities
to include additional addresses.
(4) If a driver or inside employee identifies a package designated
for Surepost that is clearly more than ten (10) pounds and/or
larger than three two (2) cubic feet, the package shall can be
removed from the system and redirected for delivery by a package
driver unless the Employer cannot deliver to the specified
address. The Employer shall ensure its employees are made
aware of the opportunity to redirect packages in excess of the
limits set forth in this Section. The Company will maintain an
Exception Resolution Application to ensure that, once a
package is identified, a clerk shall redirect the package(s) to
the appropriate package driver. No employee shall be
disciplined for redirecting a package pursuant to this
paragraph.
Section 5. DOT Hours of Service
The Company shall not change the DOT sixty (60) hours in seven
(7) days to the seventy (70) hours in eight (8) days rule for
package drivers except at Peak. With prior approval of the
Company’s President of Labor Relations and the Teamster’s
Package Division Director, the DOT standard may also be
changed if required due to Acts of God or emergencies creating
service disruptions. When the Company changes the sixty (60)
hour rule it shall first solicit volunteers to work in excess of sixty
(60) hours from all package car drivers in the center. If sufficient
volunteers cannot be obtained to cover the over sixty (60) work
hours, the Company will first force seasonal package car drivers,
non-seniority package car drivers, and then part-time cover
driver classifications and, then Article 22.4(b) drivers. Seniority
package car drivers will only be forced after exhausting the
seasonal, non-probationary drivers force process, part-time cover
driver classifications and Article 22.4(b) drivers. No regular
package car driver red circled under Article 22.4(b) will be forced
to work on a day off and exceed sixty (60) hours unless he has a
full eight (8) hours of duty available. Any regular or Article 22.4
package car driver who volunteers or is forced to work over sixty
(60) hours in a week pursuant to this paragraph will be
compensated at double-time for those hours. This paragraph
supersedes any provision in any Supplement, Rider or Addendum
which addresses this subject. This Section is not intended to give
the Company the right to force seniority package car drivers to
work on a weekend unless permitted by the applicable
Supplement, Rider or Addendum.
Section 6. Removal of Loads from Rails
In order to enhance employees’ opportunities to obtain a full-time
job and improve the Company’s ability to reduce time-in-transit
and improve service, the following provisions will apply:
1. The Company commits that the number of new drivers needed
to remove loads from the rail shall be, at least, two thousand
(2000), over the life of the current contract. The Company shall
be required to train or hire, at least two hundred (200) drivers by
December 31, 2019 and twenty-five percent (25%) of the
remaining needed drivers each calendar year thereafter. As long
as the Company satisfies these hiring/training obligations, it shall
have the right to cover these runs with substitute means of
transportation. The Employer shall provide the Union a report
identifying the loads covered by this Section. The Company shall
meet with the Union to resolve any issues which may arise if
circumstances beyond the Company’s control preclude the
Company from training or hiring needed drivers in any area. The
Company shall train or hire a sufficient number of drivers to
cover these runs by the end of the current labor agreement.
2. The Company shall provide the Package Division Director its
initial plans to remove and cover these loads. In addition, upon
request, the Company will review with the Package Division
Director, or his designee, the Company’s progress in
implementing this Section. The review shall include the
Company’s hiring and training of drivers to ensure that
reasonable efforts are being made to staff the runs with
7/26/2023
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bargaining unit employees and eliminate the vendors, as soon as
practical. If the Company is not making reasonable progress in
training the drivers necessary to replace vendors in any area,
UPS’ President of Labor Relations and the IBT Package Division
Director shall have the authority to determine how and where
training will be accomplished.
3. Article 43 shall apply to these runs except for the approval
process.
4. No seniority employee in the feeder driver classification as of
August 1, 2018 shall be displaced from the classification or laid
off as result of the use of substitute transportation pursuant to this
Section.
ARTICLE 27. EMERGENCY REOPENING
1. In the event of war, declaration of emergency, imposition of
mandatory economic controls, the adoption of a National Health
Program or any Congressional or Federal Agency action which
has a significantly adverse effect on the financial structure of the
Employer, during the life of this Agreement, either party may
reopen the same upon sixty (60) days’ written notice and request
renegotiation of the provisions of this Agreement directly
affected by such action. There shall be no limitation of time for
such written notice. Upon the failure of the parties to agree in
such negotiations, within sixty (60) days thereafter, either party
shall be permitted all lawful economic recourse to support its
request for revisions. If governmental approval of revisions
should become necessary, all parties will cooperate to the utmost
to attain such approval. The parties agree that the notice provided
herein shall be accepted by all parties as compliance with the
notice requirements of applicable law, so as to permit economic
action at the expiration thereof.
2. In the event of the declaration of a National Emergency due
to a Pandemic, either the Union through its Package Division,
or the Company through its President of Labor Relations,
may serve notice to engage in bargaining on a national basis
over the effects of the Pandemic. The parties shall meet within
five (5) business days of either party serving notice under this
section. However, there shall be no modifications of this
Agreement under this provision without approval of the
Teamsters UPS National Negotiating Committee.
ARTICLE 28. SYMPATHETIC ACTION
[No change]
ARTICLE 29.
Section 1. Jury Duty
[No change]
Section 2. Funeral Leave
[No change]
Section 3. Tax Deferred Savings Plan 401(k)
[No change]
Section 4. Martin Luther King Jr. Holiday
The Martin Luther King Jr. holiday will be added
as a named holiday in the Supplements, Riders or Addenda,
effective upon ratification of this Agreement.
ARTICLE 30. JURISDICTIONAL DISPUTES
[No change]
ARTICLE 31. GARNISHMENTS
[No change]
ARTICLE 32. SUBCONTRACTING
[No change]
ARTICLE 33. COST-OF-LIVING (COLA)
All seniority employees who have completed their appropriate
wage progression schedule shall be covered by the provisions
of a cost-of-living allowance, as set forth in this Agreement.
Employees who have not completed their appropriate wage pro-
gression on the effective date of a COLA increase, shall receive the
adjustment on a prospective basis on the date they complete their
wage progression schedules.
The amount of the cost-of-living allowance shall be determined
as provided below on the basis of the "Consumer Price Index for
Urban Wage Earners and Clerical Workers, CPI-W (Revised Series
using 1982-1984 Expenditure Patterns), All Items (1982-84 = 100),
published by the Bureau of Labor Statistics, U.S. Department of
Labor" and referred to herein as the "Index".
Effective August 1, 2019 2024 and every August 1, thereafter
during the life of the Agreement, a cost-of-living allowance will be
calculated on the basis of the difference between the Index for
May 202419 (published June 202419) and every May thereafter,
and the base Index for May 202318 (published June 202318) and
every May thereafter, as follows:
For every two tenths (0.2) point increase in the Index, over and
above the base (prior year's) Index plus three percent (3.00%)
there will be a one (1) cent increase in the hourly wage rates
payable on August 1, 202419 and every August 1 thereafter.
These increases shall only be payable if they equal five cents
($.05) in a year.
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All cost-of-living allowances paid under this Agreement will
become and remain a fixed part of the base wage rate for all job
classifications. A decline in the Index shall not result in the reduc-
tion of classification base wage rates.
Mileage paid employees will receive cost-of-living allowances on
the basis of .25 mills per mile for each one (1) cent increase in
hourly wages, subject to the threshold set forth above.
In the event the appropriate Index figure is not issued before the
effective date of the cost-of-living adjustment, the cost-of-living
adjustment that is required will be made at the beginning of the first
(1
st
) pay period after the receipt of the Index.
In the event that the Index shall be revised or discontinued and in
the event the Bureau of Labor Statistics, U.S. Department of Labor,
does not issue information which would enable the Employer and
the Union to know what the Index would have been had it not been
revised or discontinued, then the Employer and the Union will
meet, negotiate, and agree upon an appropriate substitute for the
Index. Upon the failure of the parties to agree within sixty (60)
days, thereafter, the issue of an appropriate substitute shall be
submitted to an arbitrator for determination. The arbitrator's
decision shall be final and binding.
ARTICLE 34. HEALTH & WELFARE AND PENSION
Section 1.
(a)(i) Except as set forth in this Section 1(a), Health & Welfare
and/or pension contributions shall be increased by forty dollars
($40.00) per week on August 1, 2018 2023 and on each
subsequent August 1st during the life of the contract. Where the
employees are covered by both Teamster Health & Welfare and
Pension Funds in a Supplement, Rider or Addendum, the weekly
health & welfare and pension contributions shall be allocated by
the respective Joint Supplemental Area Negotiating Committees,
subject to the approval of the Joint National Negotiating
Committee.
(ii) 1) In those Supplements, Riders or Addenda, where the full-
time or part-time employees are covered by TeamCare and a
pension plan sponsored by the Employer, the hourly increase to
be allocated for Health & Welfare for these full-time employees
as follows:
August 1, 2023 2018 ($0.50)
August 1, 2024 2019 ($0.50)
August 1, 2025 2020 ($0.50)
August 1, 2026 2021 ($0.50TBD based on TeamCare costs
not to exceed $0.70)
August 1, 2027 2022 ($0.50TBD based on TeamCare costs,
not to exceed $0.70)
The rates shall be as follows for covered part-time employees:
August 1, 2023 2018 (not to exceed $0.50 30)
August 1, 2024 2019 (not to exceed $0.50 30)
August 1, 2025 2020 (not to exceed $0.50 30)
August 1, 2026 2021 (TBD based on TeamCare costs,
not to exceed $0.50)
August 1, 2027 2022 (TBD based on TeamCare costs,
not to exceed $0.50)
2) For years 2018 through 2021, the remaining fifty cents ($0.50)
will be allocated to the applicable Taft-Hartley Pension Plan or
the UPS/IBT Pension Plan, as applicable. Part-time employees
in the Teamsters Western Region & Local 177 Health Care Plan
who are covered by the UPS Pension Plan shall be treated the
same as a part-time employee in TeamCare and the UPS Pension
Plan. The health and welfare contribution increases in 2021 and
2022 will be based on Team-Care’s actual costs. In those two
years, the applicable Taft-Hartley Pension Plan or the UPS/IBT
Pension Plan, as applicable, will receive for a pension allocation
the differential between the in-crease to TeamCare and one dollar
($1.00). This paragraph shall be applied to the part-time
employee contributions in the same manner except in the first
three (3) years the remaining amount shall be seventy cents
($0.70). For part-time employees the differential in the last two
(2) years will be determined based on the fifty cent ($0.50)
maximum.
(iii) [Reserved]
(iv) The increases accrued under this Article on August 1st, of
each year, can only be allocated to health & welfare and/or
pension except as provided within this Article. Any dispute
concerning the allocation of health & welfare and pension money
shall be determined and/or resolved by the Joint National
Negotiating Committee.
(v) (1) If, in accordance with a duly adopted funding
improvement plan or rehabilitation plan, an IBT Pension Fund is
required to issue a schedule pursuant to ERISA Section 305
(added by the Pension Protection Act of 2006) that requires
contributions in excess of those contained within this Article, the
Union and the Employer shall promptly meet to negotiate
changes in the Agreement to generate sufficient savings to cover
the cost of the increased contributions. Agreement shall not be
unreasonably withheld. Once completed, the applicable Fund
shall be obligated to accept the schedule as if it was the beginning
of the term of a new labor agreement.
(2) In those areas with IBT Pension Funds that do not have a
duly adopted funding improvement plan or rehabilitation
plan that requires contribution rate increases, the maximum
amount available under (a)(i) above for August 1 of 2023,
2024, 2025, 2026 and 2027 shall be twenty dollars
($20.00).This amount shall be available first for use on H&W,
with any remaining amount being available for pension only,
notwithstanding Section 4 below. The additional twenty
dollars ($20.00) referenced in (a)(i) above on August 1 of each
of these years may only be used to satisfy the requirements
of a duly adopted funding improvement plan or
rehabilitation plan in those areas with such IBT Pension
Plans.
7/26/2023
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(b) Monthly, daily and hourly health & welfare and pension
contributions shall be converted from the weekly rate increases
in accordance with past practice.
(c) During the life of this Agreement, the Employer will continue
to make applicable contributions to all IBT Health and Welfare
Funds and all IBT Pension Funds (or the successor funds in case
of merger of funds) for full-time and/or part-time employees in
all Supplements, Riders and Addenda where the Employer was
making contributions for full-time and/or part-time employees on
May 1, 1982, unless stated to the contrary in this Article or
changes placing these employees in UPS plans are negotiated and
agreed to by the National Negotiating Committee.
(d) In those Supplements, Riders and Addenda where the
Employer was providing health & welfare and/or pension benefit
coverage to employees (either full-time or part-time) on May 1,
1982, the Employer will continue to provide health & welfare
and/or pension benefit coverage under the Company plan(s), with
funding under the related trust(s) established by the Employer for
this purpose, for the life of this Agreement unless specified
otherwise in the applicable Supplemental Agreement, Rider,
Addendum or this Article. However, this paragraph will only
apply through December 31, 2013, as it relates to health &
welfare coverage.
(e) All contractual provisions relating to pensions shall be
provided in the respective Supplemental Agreements, Riders and
Addenda. References to Company provided health & welfare are
being deleted from the Supplements, Riders and Addenda
because the Company will no longer be providing medical
coverage after December 31, 2013.
(f) The agreements on Maintenance of Benefits for Teamster
Health and Welfare Plans in the Western Region of Teamsters
Supplemental Agreement and in the Northern California
Supplement Agreement shall continue in full force and effect
during the life of this Agreement. The increase in any
Supplement, Rider or addendum as a result of a Maintenance of
Benefit increases shall be allocated as follows: the hourly
increase in Health and Welfare in each year of the contract
necessary to maintain benefits will be determined by the Trustees
of each individual Health & Welfare Plan. The remainder of the
contribution increase set forth in Section 1.(a), if any, will be paid
into pension. The Employer’s total annual increase in
contributions to the Taft-Hartley Pension and/or Pension Fund
equal at least the amount set forth in Section 1(a) above.
The portion of the increased amount set forth in paragraph 1(a)
above to be allocated to the Teamsters Western Region & Local
177 Health Care Plan each year will be determined by the
Trustees of that Plan. The remainder of the annual contribution
increase set forth in Section 1(a), if any, shall be paid into
pension. This paragraph shall not apply if the Western
Conference of Teamsters Pension Fund becomes subject to a
funding improvement or rehabilitation plan.
(g) The Employer shall not be required to contribute to any
jointly trusteed health and welfare plan, consistent with the
practices and rules and regulations of such plan in effect as of
August 1, 2018 2023 an amount greater than the amount it
contributed on July 31, 2018 2023 plus the increases required by
this Master Agreement, except as may be required by law
notwithstanding any language to the contrary in any Trust
Agreement, Participation Agreement or similar document. The
only exception to the above is the Maintenance of Benefits
provision in paragraph (f) above.
(h) In the event that there is any change in the existing national
health care legislation or if new legislation is enacted, the parties
agree to meet and discuss any ramifications of that legislation on
the provisions of this Article. In the event an IBT Pension Plan
is unable to maintain its current zone status under ERISA
Section 305 (added by the Pension Protection Act of 2006)
during the term of this Agreement at existing contribution
rates because of the limits described in (a)(v)(2) above, the
parties similarly agree to meet and discuss those
circumstances and any ramifications on the provisions of this
Article.
(i) UPS Part-time Pension Plan
(1) The UPS Pension Plan will be improved to provide monthly
benefits for part-time employees not covered by Teamster
Pension Plans as follows: The benefit formula in the UPS Pension
Plan for current or future part-time employees who are
participants will be increased effective August 1, 2004 to fifty-
five dollars ($55.00) for each year of past and future Credited
Service to a maximum of thirty-five (35) years of Credited
Service. The benefit formula in the UPS Pension Plan for current
or future part-time employees who are participants will be
increased solely for purposes of the monthly accrued benefit,
effective August 1, 2008 to sixty dollars ($60.00) for each year of
future Credited Service to a maximum of 35 years of Credited
Service. If a participant is in Covered Employment on August 1,
2008, he they shall receive the sixty dollars ($60.00) benefit
formula for the entire 2008 plan year.
Effective August 1, 2023 the benefit formula in the UPS
Pension Plan for current or future employees will be
increased to sixty-five dollars ($65.00) for each year of future
Credited Service to a maximum of 35 years of Credited
Service. If a participant is in Covered Employment on August
1, 2023, they shall receive the sixty-five dollars ($65.00)
benefit formula for the entire 2023 plan year.
The total monthly service pension benefit will be equal to the
following provided the employee meets the Credited Service
requirement.
$2275 $2450 for retirement at any age after 35 years of part-time
Credited Service
$1950 $2100 for retirement at any age after 30 years of part-time
Credited Service
$1625 $1750 for retirement at age 60 with 25 years of part-time
Credited Service
7/26/2023
- 26 -
$1325 $1450 for retirement at any age with 25 years of part-time
Credited Service (based on $58.00 $53.00 per year of Credited
Service)
(2) Part-time employees will receive one (1) year of Credited
Service for seven hundred fifty (750) or more paid hours. (Six (6)
months of part-time Credited Service will be granted for three
hundred seventy-five (375) to five hundred (500) hours worked
in a calendar year, and nine (9) months of part-time Credited
Service will be granted for five hundred one (501) to seven
hundred forty-nine (749) hours worked in a calendar year.) This
paragraph will also be applied to determine Credited Service for
all full-time employees on the payroll on August 1, 2002 who
were formerly participants in the UPS Pension Plan.
(3) The Employer will be responsible for funding the UPS
Pension Plan as required to provide the benefits described above
and will be responsible for maintaining the plan.
(4) The UPS Pension Plan will be governed by the terms of the
Plan document.
(5) Effective August 1, 2002, the Employer will grant additional
years of Credited Service in accordance with the terms of the Plan
to all full-time and part-time employees on the payroll on August
1, 2002, who worked for UPS after they were twenty-one (21) but
were denied Credited Service solely because the UPS Pension
Plan required that an employee be age twenty-five (25) or older
to participate in the UPS Pension Plan.
(6) For those multi-employer pension plans with which the UPS
Pension Plan does not have reciprocity, the UPS Pension Plan
will execute a mutually agreeable reciprocity agreement with
those plans.
(7) The Company will amend the UPS Pension Plan to allow an
employee with an hour of service in covered employment on or
after August 1, 2013 to become a participant on the January 1 or
July 1 (whichever is earlier), after reaching age 21 and
completing a 12 month period of employment beginning on their
hire date, or any subsequent calendar year, in which they earned
at least 375 hours of service. In addition, in order to receive any
retroactive benefit service as a result of the change, the
employee’s primary job as of August 1, 2013 must be a part-time
position. The Pension Plan will also be amended to reduce the
number of hours of service required to earn a vesting year from
750 to 375. This paragraph does not change how benefit service
is accrued.
(j) Long-Term Disability
(1) Full-time seniority employees will become eligible for long-
term disability (LTD) after six (6) months of employment for
non-occupational illnesses or injuries that last longer than twenty-
six (26) weeks.
(2) Long-term disability benefits will equal sixty percent (60%)
of the employee’s base weekly pay to a maximum of eight
hundred dollars ($800) per week for up to five (5) years. Long-
term disability benefits begin when short-term disability coverage
ends or after twenty-six (26) weeks from date of disability,
whichever is later.
(3) Average weekly base pay is computed by averaging paid
hours (maximum of forty (40) hours per week) each week during
the last full calendar quarter the employee worked and
multiplying that by the hourly rate of their base job. Weeks of
unemployment in the prior quarter will not be counted in the
calculation. If there were substantial weeks of unemployment, the
prior full calendar quarter may be used for the calculation.
(4) The definition of disability, termination of eligibility, offsets,
exclusions, limitations, claim procedures and any other related is-
sues will be controlled by the Summary Plan Description.
(5) The long-term disability coverage will become effective on
August 1, 2004 for eligible employees who become disabled after
that date. However, pre-existing conditions will not affect the
employee’s eligibility for LTD.
(6) In those situations where a Teamster Health and Welfare
Fund provides a short term disability benefit, the employee
receiving such benefit shall provide the UPS National LTD Plan
sixty (60) days advance notice of the estimated termination date
of the short term disability. If such notice is not provided, the UPS
National LTD Plan shall have the right to delay the
commencement of LTD payments.
(7) Any employee receiving LTD benefits pursuant to this Plan
shall be entitled to receive health care coverage in accordance
with the SPD for up to twelve (12) months only. An employee
will not be denied LTD benefits under this Section based on a
failure to qualify for Social Security Disability Benefits.
(8) Notwithstanding any Supplement, Rider or Addendum all
full-time UPS CSI employees will be provided long term
disability benefits through this Section.
(k) Part-time Retiree Coverage
(1) Effective August 1, 2002 the Employer began providing
health insurance coverage to all part-time employees, not covered
by a Union plan, who retire on or after that date. This section will
not apply to any employee who retires on or after January 1, 2014.
To the extent coverage would have been available under this
section 1(k), the employee instead shall be eligible for retiree
coverage through the Central States Health & Welfare Plan.
(2) To be eligible for the coverage, the part-time employee must
(i) not be eligible for Medicare; (ii) meet the same age and service
requirements as that of a full-time employee in the same
Supplement, Rider or Addendum and at a minimum, be at least
fifty-five (55) years of age with a minimum of twenty-five (25)
years of part-time service as defined in the UPS Pension Plan;
(iii) be covered as an active employee by a UPS-administered
health care plan for part-time employees at the time of retirement
and; (iv) not a part-time employee because of a voluntary bid to
part-time status in the five (5) years prior to retirement.
7/26/2023
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(3) A retiree’s legal spouse is also eligible for coverage if he or
she is they are not eligible for Medicare and is under age sixty-
five (65).
(4) Coverage and benefit levels shall be as specified in the
Summary Plan Description.
(5) Eligibility for coverage for retiree and spouse begins on the
first (1st) day after the employee’s active coverage ends.
(6) For active retirees as of December 31, 2013, the contribution
rates shall be as specified in the Summary Plan Description.
(l) Jointly Trusteed UPS/IBT Full-Time Pension Fund
The following provisions pertain to the UPS/IBT Full-Time
Employee Pension Plan (hereinafter “UPS/IBT Plan”) was
created for employees who participated in the Central States
Southeast and Southwest Areas Pension Fund (“CS Plan”) and
for future employees who would have participated in the CS Plan
absent this agreement who have one hour of service in Covered
Employment on or after January 1, 2008.
(1) Effective January 1, 2008 the Employer and the Union
established a new, single employer, jointly trusteed and
administered de-fined benefit plan within the meaning of 29
U.S.C. Section 302 (c) (5) for full-time employees who under the
prior agreement would have participated in the CS Plan. As of
December 26, 2007, the Employer will cease to have an
obligation to contribute to the CS Plan and will have no other
obligation to provide such employees with future benefit accruals
under the CS Plan.
(2) The benefit formula for current or future full-time employees
who are participants in the UPS/IBT Plan will be as set forth
below for each year of future service (hours worked in Covered
Employment on or after the effective date) up to a maximum of
thirty-five (35) years of Credited Service (such limitation is only
applicable to service pensions). This benefit is unreduced if
payable at Normal Retirement Age (age 65) and 5 years of vesting
service or at age 62 with 20 years of Credited Service. Benefit
payments may begin as early as Early Retirement Age (age 50
with five years of vesting service) and are reduced 6% per year
for each year and partial year prior to Normal Retirement Age.
There shall be no reduction or change in the level of benefits
described herein unless negotiated and agreed to by the Union.
Calendar Year Beginning Monthly Benefit
January 1, 2019 2024 $175.00 185.00
January 1, 2020 2025 $175.00 185.00
January 1, 2021 2026 $175.00 185.00
January 1, 2022 2027 $175.00 185.00
January 1, 2023 2028 $175.00 185.00
(3) Eligible employees become participants on the first day of
the month coincident with or immediately following the date the
employee completes one year of service with 750 hours of service
(upon becoming a participant, service credit will accrue
beginning with the very first hour of service that had been
performed when the participant began working in Covered
Employment). Employees already participants in the CS Plan at
the date this plan is established will be immediately eligible to
participate in the UPS/IBT Plan. No benefits are payable unless
the participant has at least 5 years of vesting credit or has reached
Normal Retirement Age while an employee. One year of vesting
credit is earned for each calendar year in which the participant
works 750 or more hours. The Employer will grant vesting credit
for those employees employed by the Employer before the
effective date of the UPS/IBT Plan based on the employment
records of the Employer or records of the CS Plan.
(4) Full-time employees will receive one (1) year of Credited
Service for each 1801 paid hours in Covered Employment in a
calendar year beginning on or after January 1, 2008. Employees
will receive partial years of Credited Service in monthly
increments (i.e., one month if employee worked 150 or more
hours in Covered Employment in that month). For purposes of
earning service credit for the service pensions only, full-time
employees will receive one week of service credit if he has they
have one hour of service in Covered Employment. For service
pensions only, if an employee has 0-19 weeks of service credit,
he they shall not receive any service credit for that calendar year.
If he has they have 20-39 weeks of service credit, the amount of
credit for that year will be equal to a fraction the numerator of
which is the number of weeks of credit and the denominator is
40. If the employee has 40 weeks of service credit for that
calendar year, he they shall receive one year of service credit.
(5) The Employer will be responsible for funding the UPS/IBT
Plan as required by applicable law.
(6) In addition to the normal benefit provided in paragraph (2)
above, there shall be a service benefit payable after twenty (20),
twenty-five (25), thirty (30) and thirty-five (35) years of full-time
service. There is a twenty (20) year benefit for anyone who has
reached age 50 and the amount will vary based on the person’s
age. There is a twenty-five (25) year service retirement benefit
for anyone who has twenty-five years of service regardless of age,
which shall be $2,000 per month if less than age 57 when benefits
commence and $2,500 per month if at least 57 when benefits
commence. The benefit for the thirty (30) year service retirement
shall be $3,400 per month regardless of the age of the retiring
employee. The benefit for thirty-five (35) years’ service
retirement shall be $3,900 per month regardless of the age of the
retiring employee. The plan document shall specify the amounts
for the 20 year service pension, eligibility criteria and how the
benefits are calculated.
Years of Service Age Monthly Service Pension
Credit
35 years Any age $3,900
30 or more years Any age $3,400 plus $100/yr of service
for years over 30 up to $3,900
25 years Any Age $2,000 up to age 57
25 Years 57 or older $2,500 plus $100/yr of
service
for years over 25 up to $3,500
maximum.
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Effective January 1, 2024 2020, the following enhancements will
be implemented:
35 years, any age$4,700 4,300
30 or more years, any age$4,200 3,800 plus $100/yr of service
for years over 30 up to $4,700 4,300
25 years, any age up to age 57$2,400
25 years, age 57 or older$2,900 plus $100/yr of service for
years over 25 up to $4,700
For employees who reach the following age and years of
service milestones on or before July 31, 2028, the following
additional enhancements shall apply. These additional
enhancements shall become part of the employee’s vested
benefit and shall apply even if the employee retires after July
31, 2028:
35 years, age 55 or older$5,300
30 or more years, age 55 or older$4,800 plus $100/yr of
service for years over 30 up to $5,300
25 years, any age up to age 57$3,000
25 years, age 57 or older$3,500 plus $100/yr of service for
years over 25 up to $5,300
The UPS/IBT Plan will recognize full-time service in the CS Plan
for determining eligibility for the benefits in this section and will
offset at Normal Retirement Age the benefits accrued from the
CS Plan commencing at Normal Retirement Age. If the benefit
paid from the CS Plan is reduced as permitted or required by law,
the amount of such reduction shall not be included in this offset.
(7) The UPS/IBT Plan will also provide eligible employees with
a monthly disability benefit or lump sum disability benefit (based
on age and years of service).
(8) The UPS/IBT Plan will be governed by the terms of the plan
document and trust agreement, both of which are incorporated
herein by reference. Any claims for benefits are subject to
resolution solely through the UPS/IBT Plan administrative claims
process.
(9) All applicable Local Unions will be provided with a
competent and knowledgeable Company contact person with
a working phone number to assist employees with questions
and concerns related to the UPS/IBT Pension Plan.
Section 2. TeamCare
(a) Part-time and full-time employees covered by a Teamster
Health and Welfare Fund will continue to be covered by those
funds.
(b) Notwithstanding any provision in any Supplement, Rider or
Addendum, effective January 1, 2014 all full-time and part-time
employees on the payroll at that time and those hired thereafter
who would have had health and welfare coverage provided by an
Employer signatory to this Agreement will instead be provided
coverage through TeamCare regardless of the employee’s work
location. Weekly payments for the covered employees shall be in
accordance with the rules set forth in the applicable Supplement,
Rider or Addendum. If there are none then the rules set forth in
the Central States Supplement shall apply. UPS will be
responsible for making the weekly payments to TeamCare to
provide the medical coverage.
(c) This Section shall supersede any provisions on the same
subject in any Supplement, Rider, or Addendum, including those
Supplemental provisions which require part-time benefits to be
equal to or the same as full-time medical benefits.
(d) Notwithstanding any contrary provision in any Supplement,
Rider, or Addendum, (i) individual and dependent/spousal health
coverage will be made available to part-time employees on the
payroll as of or hired after August 1, 2018 after nine (9) months
of active employment.
(e) Any eligible employee covered by this Section who retires
effective January 1, 2014 or thereafter shall be provided retiree
medical benefits through TeamCare.
(i) Any full-time or part-time CSI employee who is a participant
in a Company sponsored health & welfare plan shall be covered
by TeamCare set forth in Section 2 above, effective January 1,
2014.
(ii) The UPS Pension Plan shall be modified to provide a one
hundred and ten dollar ($110.00) accrual effective January 1,
2019 for all years accrued under the UPS Pension Plan.
Section 3. CSI Health and Pension Coverage
(i) Any full-time or part-time CSI employee who is a participant
in a Company sponsored health & welfare plan shall be covered
by TeamCare set forth in Section 2 above, effective January 1,
2014.
(ii) The UPS Pension Plan shall be modified to provide a one hun-
dred and ten twenty-five dollar ($12510.00) accrual effective
January 1, 2024 2019 for all years accrued under the UPS Pension
Plan.
Section 4. Re-allocations of Contributions/Wages
The Teamsters UPS National Negotiating Committee may
reallocate designated increases in Health & Welfare and /or
pension contributions (HWPC) and/or general wage increases
(GWI) provided in this Agreement in accordance with the
following rules:
1. Any portion of any GWI may be re-allocated as an increased
contribution to a Teamster Pension or Health &Welfare Fund.
The re-allocation shall apply to all employees in a Supplement,
Rider or Addendum, as applicable, provided all of the affected
employees (full or part-time, if applicable) are covered by the
same Pension or Health & Welfare Fund.
7/26/2023
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2. Twenty-five cents ($0.25) of a PC may be re-allocated as a
GWI. The re-allocation shall apply to all employees in a
Supplement, Rider or Addendum, as applicable, provided all of
the affected employees (full or part-time, if applicable) are
covered by the same Pension or Health & Welfare Fund.
3. Once a re-allocation becomes effective, it may not be changed.
4. A specified HWPC cannot be re-allocated to a GWI if the
pension fund has been certified as being in endangered or critical
status (as defined in ERISA section 305 (b)(1) or (b)(2).
5. The Employer must be notified of any re-allocation, in writing,
at least thirty (30) days prior to the effective date of the GWI or
HWPC.
Section 5. Substitute Health Plan
In the event the Central States Southeast and Southwest Areas
Health and Welfare Fund does not maintain the benefit coverage
and retiree contribution rate for retiree insurance (including
spousal coverage) in effect on the date of ratification of this
Agreement or in the event requested in writing by either party
to the Agreement, the Union and Employer shall meet to
determine and agree if there is a substitute multiemployer plan
which will provide comparable coverage. If mutual agreement is
reached to provide a substitute plan, the contribution payable by
the Employer pursuant to Article 34 Section 1 (a) shall be paid to
the new plan.
ARTICLE 35. EMPLOYEE'S BAIL, LICENSE,
SUBSTANCE AND ALCOHOL TESTING
Section 1. Employee's Bail And/Or Court Appearance
[No change]
Section 2. Suspension or Revocation of License
[No change]
Section 3. Controlled Substances Testing
[No change]
Section 3.1 Employees Who Must Be Tested
[No change]
Section 3.2 Testing
[No change]
Section 3.3 Screening Test
[No change]
Section 3.4 Confirmatory Test
[No change]
Section 3.5 Laboratory Testing
[No change]
Section 3.6 Types of Testing Required
[No change]
Section 3.7 Pre-Qualification Testing
[No change]
Section 3.8 Reasonable Cause Testing
[No change]
Section 3.9 Post-Accident Drug Testing
[No change]
Section 3.10 Random Testing
[No change]
Section 3.11 Notification
[No change]
Section 3.12 Rehabilitation and Testing After Return To
Duty/SAP and Employer Duties
A positive test specimen as a result of a DOT pre-qualification or
random test will result in a rehabilitation opportunity. An
employee whose test results are reported to the Medical Review
Officer by the HHS certified laboratory and who has been
contacted by the Medical Review Officer or his/her their
designee has seventy two (72) hours to contact the Medical
Review Officer to review the test results. If the review time
schedule is not met, then the Medical Review Officer (MRO) may
report to UPS Management that the test is verified as positive. If
neither UPS nor the MRO, after making all reasonable efforts, as
required by the DOT regulations, is able to contact the employee
within ten (10) days from receiving the laboratory results, the test
will be considered an uncontested positive test result. If the
Medical Review Officer determines a specimen is positive, then
the employee will have five (5) calendar days to evaluate his/her
their situation with an approved Substance Abuse Professional
and then up to fifteen (15) calendar days to enter the rehabilitation
treatment center after approval of a leave of absence as outlined
in Article 16, Section 5 of the National Master UPS Agreement.
UPS will follow the final recommendations of the Substance
7/26/2023
- 30 -
Abuse Professional as to the appropriate after-care protocol and
post rehabil-itation unannounced drug testing.
The employee will be permitted to return to work after the SAP
has determined that the employee has successfully complied with
prescribed education and/or treatment and the employee has
provided a negative drug test result conducted under direct
observation, as per cutoff levels contained in Section 3.3 or
Section 3.4 of this Article, as applicable, and/or an alcohol test
with an alcohol concentration less than 0.02. The Employer will
make all reasonable efforts to conduct all return-to-work testing,
conference calls, and examinations within five (5) working days
of completion of a rehabilitation program.
It is understood that if the grievance procedure is utilized
contractual time limits on disciplinary action and the employee’s
request for rehabilitation will be suspended until resolution of the
grievance.
Substance Abuse Professional (SAP)
Each Substance Abuse Professional (SAP) must be a licensed
Doctor of Medicine or Osteopathy, or a licensed or certified
psychologist, social worker, employee assistance professional, or
drug and alcohol counselor (certified by the National Association
of Alcoholism and Drug Abuse Counselors Certification
Commission) with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and controlled substance-
related disorders and be knowledgeable of the SAP function as it
relates to Employer interest in safety-sensitive functions and
applicable DOT agency regulations. In addition, the SAP shall
keep current on applicable DOT agency regulations and. comply
with the DOT qualification training and continuing education
requirements.
The SAP is responsible for performing the following functions:
1. Conducting the initial face-to-face clinical assessment and
evaluation to determine what assistance is needed by the
employee to solve problems associated with alcohol and/or drug
use;
2. Referring the employee to an appropriate education and/or
treatment program;
3. Conducting a face-to-face follow-up evaluation to determine if
the employee has actively participated in the education and/or
treatment program and has demonstrated successful compliance
with the initial assessment and evaluation recommendations;
4. Providing the Employer with a follow-up drug and/or alcohol
testing plan for the employee; and
5. Providing the employee and Employer with recommendations
for continuing education and/or treatment.
Follow-up testing shall consist of at least six (6) tests in the first
(1st) twelve (12) months following the employee’s return to duty.
The one (1) year period may be extended as necessary by written
verification of the Substance Abuse Professional. The affected
employee and Local Union shall be notified in writing within
ten (10) days of any extension required by the SAP beyond
the required one (1) year follow-up testing period. Tests shall
be conducted under direct observation.
Employer Responsibilities
Prior to allowing an employee to return to duty, after the
employee has tested positive for the presence of controlled
substances or has refused to submit to a drug test, the employer
shall:
A. Ensure that the employee is “drug free,” based on a drug test
that shows no positive evidence of the presence of a drug or a
drug metabolite in the employee’s system.
B. Ensure that the employee has been evaluated by a Substance
Abuse Professional (SAP) for drug use or abuse.
C. Ensure and confirm with the Substance Abuse Professional
that the employee demonstrates compliance with all conditions or
re-quirements of a rehabilitation program in which he or she they
participated.
Section 3.13 Disciplinary Action
Employees may be subject to discipline up to and including
discharge as provided below if they test positive for drugs
specified elsewhere in this Article.
1. Reasonable Cause Testing
a. A positive test is a dischargeable offense unless the Union and
the Employer expressly agree to a lesser penalty. Any such
agreement will not be precedent setting.
b. Refusal to submit to a reasonable cause drug test is a discharge-
able offense.
c. Non-Driving Reasonable Cause
i. 1
st
offense A positive test for cannabis/marijuana
shall result in a warning letter (subject to successful
completion of rehabilitation).
ii. 2
nd
offense A positive test for cannabis/marijuana
five (5) or more years after the first offense shall
result in a warning letter (subject to successful
completion of rehabilitation).
7/26/2023
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iii. 3
rd
offense A positive test for cannabis/marijuana is
a dischargeable offense.
2. Post-Accident Testing
a. A positive test is a dischargeable offense.
b. Refusal to submit to a post-accident drug test is a dischargeable
offense.
3. Random Testing
a. 1st offenseA positive test shall result in a warning letter
(subject to successful completion of rehabilitation).
b. 2nd offenseA positive test is a dischargeable offense.
c. Refusal to submit to a random drug test is a dischargeable
offense.
4. Pre-qualification
a. 1st offenseA positive test shall result in disqualification/not
considered for feeder list until the next feeder driver school is
conducted (subject to successful completion of rehabilitation).
b. 2nd offenseA positive test is a dischargeable offense.
5. Other Dischargeable Offenses:
a. Failure to successfully complete rehabilitation.
b. A positive specimen as part of after-care drug testing.
c. Failure to comply with after-care treatment plan.
d. An adulterated or substituted specimen.
Section 3.14 Preparation for Testing
[No change]
Section 3.15 Specimen Collection Procedures
[No change]
Section 3.16 Specimen Shipping Preparations
[No change]
Section 3.17 Medical Review Officer
[No change]
Section 3.18 MRO Determination
[No change]
Section 3.19 Record Retention
[No change]
Section 3.20 Release of Drug Testing Information
[No change]
Section 3.21 Paid For Time
[No change]
Section 4. Alcohol Testing
[No change]
Section 4.1 Employees Who Must Be Tested
[No change]
Section 4.2 Testing
[No change]
Section 4.3 Screening Test
[No change]
Section 4.4 Confirmatory Test
[No change]
Section 4.5 Types of Testing Required
[No change]
Section 4.6 Reasonable Cause Testing
[No change]
Section 4.7 Post-Accident Alcohol Testing
[No change]
Section 4.8 Random TestingRandom Employee Selection
[No change]
Section 4.9 Notification
[No change]
Section 4.10 Rehabilitation and Testing after Return to Duty
7/26/2023
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[No change]
Section 4.11 Discipline
[No change]
Section 4.12 Preparation for Testing
[No change]
Section 4.13 Specimen Testing Procedures
[No change]
Section 4.14 Substance Abuse Professional (SAP)
[No change]
Section 4.15 Record Retention
[No change]
Section 4.16 Release of Alcohol Testing Information
[No change]
Section 4.17 Paid for Time
[No change]
ARTICLE 36. NONDISCRIMINATION
The Employer and the Union agree not to discriminate against
any individual with respect to hiring, compensation, terms or
conditions of employment because of such individual’s race,
color, religion, sex, gender identity, sexual orientation, national
origin, physical disability, veteran status, or age, or any other
class protected by in violation of any federal or state law, or
engage in any other discriminatory acts prohibited by law, nor
will they limit, segregate or classify employees in any way to
deprive any individual employ-ees of employment opportunities
because of race, color, religion, sex, gender identity, sexual
orientation, national origin, physical disability, veteran status, or
age or any other class protected by in violation of any federal
or state law, or engage in any other discriminatory acts prohibited
by law. This Article also covers employees with a quali-fied
disability under the Americans with Disabilities Act.
ARTICLE 37. MANAGEMENT EMPLOYEE
RELATIONS
Section 1.
(a) The parties agree that the principle of a fair day’s work for a
fair day’s pay shall be observed at all times and employees shall
perform their duties in a manner that best represents the
Employer’s interest. The Employer shall not in any way
intimidate, harass, coerce or overly supervise any employee in the
performance of his or her their duties. The Employer shall not
retaliate against employees for exercising rights under this
Agreement. In considering any grievance alleging retaliation for
exercising his their rights under the Agreement, the severity and
timing of the Employer’s actions that modify an employee’s work
assignment or reprimand employees shall be relevant factors to a
determination of motivation. The Employer will treat employees
with dignity and respect at all times, which shall include, but not
be limited to, giving due consideration to the age and physical
condition of the employee. Employees will also treat each other
as well as the Employer with dignity and respect.
The following language is applicable to grievances arising from
Article 37 Section 1(a) which allege intimidation, harassment,
coercion or over supervision:
1. Grievances not resolved by the Local or Area grievance
procedure shall be forwarded to the National Article 37
Grievance Committee. Such Committee shall be comprised of an
equal number of Union and Employer representatives and a
sitting arbitrator who shall decide the merits and penalty of each
case in the event of a deadlock by the Committee. Cases will be
presented and decided in accordance with Article 8 and the
National Grievance Committee Rules of Procedure.
2. The Article 37 Committee shall be empowered to provide a
monetary penalty for each proven violation of this Section up to
a maximum penalty of five (5) three (3) times the employee’s
daily guarantee depending on the severity of the offense.
3. Any individual member of management deemed by the
Committee to have committed two (2) or more violations of this
Section within a two (2) year period shall be required to appear
in person before the Committee for any subsequent grievance(s).
Failure of the management person to appear, absent a legitimate
excuse, shall result in a negative inference.
(b) It is the policy of the Employer to cooperate with a package
car driver who desires to be relieved of overtime, subject to the
understanding that such package car driver will complete his/her
their assignment, and subject to the provisions below.
The Center Manager and the Steward shall process such requests
based on seniority. The Employer shall allow a minimum of ten
percent (10%) of the package car drivers worked in any Center
off on a daily basis. No package car driver’s dispatch will be
adjusted more than two (2) times per month. It is understood that
to accomplish the above the Employer may need to provide an
earlier start time. This subsection applies regardless of whether
the driver has opted in or out pursuant to the provisions of
7/26/2023
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subsection (c) below. Such requests shall not be submitted during
the months of November and December.
An employee who desires to be relieved from overtime on a
particular day must make a written request on a form furnished
by the Employer. Such a request must be submitted no later than
the start of his/her their shift on the third (3
rd
) fifth (5th) calendar
workday day preceding the day being requested. A signed copy
of the request form stating approval or disapproval shall be
returned to the employee by the end of the employee’s next
working day. Such request shall be granted or denied in
accordance with the terms of this subsection. If a request is denied
on the above referenced form, the employee shall receive a two
(2) hour penalty payment at his/her their double straight time
rate if the request should have been granted at this time based on
the criteria set forth in this sub-section. This two (2) hour payment
shall also apply if the Employer approves the request and later
informs the employee he/she they cannot be relieved of overtime,
provided the request continues to meet the criteria set forth in this
sub-section.
In addition, if an employee’s request is granted but the Employer
fails to adjust the driver’s dispatch prior to, but no later than,
their scheduled start time so as to provide an amount of work
that can reasonably be completed within eight (8) hours which
then causes the driver to work in excess of eight and one-half
(8.5) hours to complete his/her their route, the driver shall be
entitled to a two (2) hour penalty payment at his/her their straight
double time rate and the driver will retain the eight (8) hour
request for later use. No penalty shall be due if the employee
exceeds the eight and one-half (8.5) hour threshold as a result of
events beyond the Employer’s control.
The Center Manager and the Steward shall process such requests
based on seniority. The Employer shall allow a minimum of ten
percent (10%) of the package car drivers worked in any Center
off on a daily basis. No package car driver’s dispatch will be
adjusted more than two (2) times per month. It is understood that
to accomplish the above the Employer may need to provide an
earlier start time. This subsection applies regardless of whether
the driver has opted in or out pursuant to the provisions of
subsection (c) below. Such requests shall not be submitted during
the months of November and December.
Any employee whose request is granted shall not be required
to work more than eight (8) hours on the approved day. If the
driver’s dispatch for whatever reason was not adjusted, the
work will be removed prior to departing the building. While
on the route, if the driver determines that they will not be able
to finish within eight (8) hours, the driver will notify
management who shall have the responsibility to make the
necessary arrangement to ensure the driver is off in the
requested eight (8) hours. Drivers shall notify management
no later than 1:00 P.M. if they cannot complete their assigned
work within eight (8) hours. No employee shall be threatened,
harassed, or disciplined by management in the exercising of
this right.
(c) The Union shall circulate and collect the names of eligible
package drivers who wish to be covered by the provisions of this
Section twice once each year. These lists This list shall be
provided to the Company by January 5th and June 5th of each
year. The Employer shall make a reasonable effort to reduce
package car drivers’ workdays below nine and one half (9.5)
hours per day for those on the list. If a review indicates that
progress is not being made in the reduction of assigned hours of
work, (i.e the package driver has worked more than 9.5 hours on
three (3) days in a work-week), the following language shall
apply, except for the period from November 15th through January
15th of the following year:
Employees within the full-time driver classification shall be
eligible for the protection of this Section provided: (1) the
employee covers a route for a full week; (2) the employee 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 the
Employer; or (3) an employee with four (4) years of seniority as
a full-time package driver.
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. The Company will not assign excessive
over-time on the two (2) remaining days within the workweek in
order to retaliate against a driver for opting onto the 9.5 List. If
the employer is found to have assigned excessive overtime for
the remaining two days in violation of this provision, the Co-
Chairs shall have the discretion to award a penalty at triple
time as outlined in this section.
The “opt-in” lists provided by the Union shall become effective
on January 15th and June 15th. A driver may add or delete his/her
their name from the list at any time, with one week’s notice to
the Employer.
If a driver is paid a penalty under this subsection more than four
(4) times in a calendar year a meeting shall be scheduled with the
District Labor Manager, Business Agent and the Co-Chairs, or
their chosen designee of the applicable Supplemental panel
within forty-five (45) days of the filing to determine what
actions are necessary to ensure compliance.
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
7/26/2023
- 34 -
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. After
the forty-five (45) day Supplemental Co-Chair meeting, if
there are continued violations the Co-Chairs shall have the
discretion to grant quadruple time penalties as outlined in
this section. 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.
If there is a deadlocked grievance by the “9.5 committee” the Co-
Chairs of the National Negotiating Committee may require a
review of the adequacy of the Company’s staffing in the center in
which the grievance was filed. In the event the parties cannot
resolve a dispute over whether excessive overtime in violation of
this Section resulted from inadequate staffing in the center or
other causes, such as the temporary unavailability of drivers,
either may refer the matter to arbitration in accordance with
Article 8. If the position of the Union is sustained, the arbitrator
shall have the authority to award any remedy set forth in this
Section including back wages at the appropriate rate of pay to the
employee(s) adversely affected, as well as appropriate
progression credit. The back wages shall be equal to what the
employee(s) would have earned as a package driver at the
applicable daily guarantee versus what he they actually earned.
In addition, the Union Chair of the National Negotiating
Committee may, at any time, request a meeting with the
Employer’s President of Labor Relations to review the adequacy
of the Company’s staffing in any center having excessive 9.5
grievances deadlocked at the local level panel. If the dispute
cannot be resolved, either party may refer the matter to arbitration
in accordance with Article 8, Section 7. The next arbitrator in
rotation on the eastern Panel shall be assigned the case. The
arbitrator shall have the authority to award any remedy specified
in the paragraph above.
The 9.5 committee shall also have the authority 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.
The provisions of this Section 1(c) shall supersede any language
on “9.5” in the Central Region Supplement.
(d) No employee shall be disciplined for exceeding personal time
based on data received from the DIAD/IVIS or other information
technology.
Section 2.
Not more than one (1) member of management will ride with a
driver at any time except for the purpose of training management
personnel. No driver will be scheduled for more than one (1)
day’s ride per year with more than one (1) member of
management on the car. Such day will not be used for disciplinary
purposes. The sole reason for two (2) management employees on
the car is for supervisory training. If a supervisor assists a driver
during an O.J.S., that day will not be used in determining a fair
day’s work.
During scheduled safety training for feeder drivers the supervisor
will only drive for demonstration purposes and this will not
exceed one (1) three (3) hours per workday.
Section 3.
Any alleged violation of this Article shall be subject to the
applicable grievance procedure. Where an employee has
submitted a grievance regarding an excessive number of rides, no
member of management shall ride with that employee unless and
until the local level hearing is concluded provided such hearing
is held within five (5) working days. If the Union has a legitimate
reason for not being available within the five (5) working days,
the period will be extended up to a total often of ten (10) working
days.
The Employer will give no less than twenty-four (24) hours
notice to a seniority driver prior to any ride, except in cases
of post-accident/injury rides. Such notification will include
the reason for the ride. The results of any ride will be
reviewed with the employee and steward. A copy of the
documentation related to the ride shall be provided to the
employee and steward upon request. The twenty-four (24)
hours notice may be waived by mutual agreement.
ARTICLE 38. CHANGE OF OPERATIONS
Section 1.
(a) The Employer agrees that prior to any change in its operation
that will result in a change of domicile and/or possible layoff of
seniority employees, it shall notify the affected Local Union(s) in
writing with the specific details and information then available
and then meet jointly with them to inform them of the proposed
changes and to resolve questions raised in connection with the
proposed change. The information will be provided at least seven
(7) days prior to the meeting. During this joint meeting the
Employer and the Union shall reduce to writing all agreed upon
issues and both parties shall sign the written document in
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acknowledgement of such agreement. The parties shall also
reduce to writing all unresolved issues, if any, and they shall be
referred directly to the appropriate Regional Change of
Operations Committee. This meeting shall be completed where
practical at least forty-five (45) days prior to the proposed change.
The change may not be implemented until the forty-five (45)
days’ notice is provided and the meeting is completed unless the
operational change is dictated by emergency conditions. The
Union shall not unreasonably delay the scheduling or completion
of the requested meeting. Any unresolved issues reflected in
Section (c) below, which have been reduced to writing, will be
resolved pursuant to that Section.
(b) Any agreed to change of operations reached by the Local
Union(s) and the Employer shall be reduced to writing and filed
with the Joint National Change of Operations Committee. It is
understood that a regional area representative of the affected
region(s) shall sit on the Joint National Change of Operations
Committee.
(c) A Joint Change of Operations Committee will be established
in each Regional area and will resolve issues arising out of the
proposed change of operations. The Committee will resolve
issues involving seniority application, health and welfare, and
pension coverage and layoff questions for employees who are
involved in the change. All affected parties will convene and
attend the Regional Joint Change of Operations Committee
meeting prior to the scheduled implementation date to resolve
these issues.
If the Regional Joint Change of Operations Committee is unable
to resolve the issues, such issues shall be referred to the Joint
National Change of Operations Committee for resolution. If the
issues reflected in this Section are not resolved by the Joint
National Change of Operations Committee, they shall be
submitted to an expedited arbitration using the arbitrators on the
National Panel for that area.
The Committee which decides the issues, as described above,
shall retain jurisdiction for a period of twelve (12) months
following the change of operations decision. The decision of the
Committee shall be final and binding.
Unless specifically covered in individual Supplements, Riders or
Addenda, the following shall apply:
1. Whenever a center is closed and the work is transferred to or
absorbed by another center, the affected employees will be
entitled to follow their work and their seniority shall be
dovetailed at the new center.
2. Whenever a center or hub is partially closed and the work of
package drivers and all other regular employees, part-time and
full-time, excluding feeder drivers, is transferred to or absorbed
by another center, the affected employees may either follow their
work and have their seniority dovetailed in the new center or be
allowed to exercise their seniority in their present center and
displace the least senior employee in their respective
classifications. If any of the employees whose work is transferred
elects not to follow his/her their work, then he or she they shall
have the same rights as the remaining employees on the seniority
list from which the work was transferred to bid the work being
transferred. Those employees who follow the work shall have
their seniority dovetailed in the new center.
3. In a Change of Operations affecting feeder drivers, the
following language will apply: Whenever a center is partially
closed and the feeder work is transferred to or absorbed by
another center, all feeder drivers, in seniority order, will have the
option of following the available work and have their seniority
dovetailed in the new center or be allowed to exercise their
seniority in their present center, and take whatever jobs become
open as a result of other employees following the work or taking
a layoff. If a senior feeder driver elects to take a job which has
been transferred out, the displaced employee(s) will fill the
vacated job(s) by seniority until the next bid. If there are still
vacancies in the feeder classification, these jobs will be offered
to other facilities within the jurisdiction of the destination
Local Union before hiring off the street. To be eligible to
transfer and fill these vacancies, the employee must be
qualified at the time the job is offered. Any employees
transferring from another facility pursuant to this paragraph
shall be eligible for moving expenses under Section 2 and the
employee’s seniority shall be determined by the applicable
Supplement, Rider or Addendum. The employee shall retain
benefits (e.g. vacation, sick leave, holidays, etc.) based on the
employee’s length of service.
(d) The language contained in Section 1(a) shall be applicable to
the Employer’s implementation of “satellite” facilities, provided,
however: (1) the issues subject to discussion shall not be limited
by paragraph (c) of this Section and, (2) in the event the issues
cannot be resolved by the Employer and the Local Union, or,
subsequently, in accordance with the established local area
practice, the open issues may be referred to the Vice-President of
Labor Relations and the Parcel and Small Package Division
Director, or their designees. If no resolution is reached, all
outstanding disputes shall be submitted to an expedited
arbitration to determine if the Employer has violated any
provisions of this Section or if the change will result in a violation
of any other provision of the collective bargaining agreement.
The expedited arbitration will be handled by one of the arbitrators
on the National Panel for that area.
Section 2.
As a result of the Employer moving an operation more than
seventy-five (75) fifty (50) miles, all full-time employees in
accordance with classification seniority who choose to move, will
have their moving expenses paid.
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The expense shall include the reasonable cost of packing and the
moving of household goods or house-trailer including
dismounting and mounting. The employee(s) who transfer will
have one (1) year from the date of the change to move.
(a) Employee(s) who are transferred out of their original area
where they are covered by a Teamster Pension Trust Fund into
the jurisdiction of another pension trust fund, such employee(s)
shall remain in their 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 conflict with any collective
bargaining agreement and/or trust agreement.
ARTICLE 39. TRAILER REPAIR SHOP
[No change]
Section 1. Recognition
[No change]
Section 2. Employee Classifications
[No change]
Section 3. Wage Rates By Classification
[No change]
Section 4. Health and Welfare
[No change]
Section 5. Pension
[No change]
Section 6. Seniority
[No change]
Section 7. General
[No change]
Section 8. Movement of Equipment
[No change]
Section 9. Amendments
[No change]
Section 10. Paint and Body Facilities
[No change]
Section 11. Training Program
[No change]
Section 12.
[No change]
Section 13. Trailer Conditioners, Inc.
(1) The Agreement between Southern Region of Teamsters and
Trailer Conditioners, Inc. (“TCI Agreement”) became a
supplement to the National Master United Parcel Service
Agreement (NMA) in 2007. Article 1, Section 2 and Article 2,
Section 1 shall apply to the job classifications described in Article
1 of the TCI Agreement. No other provision of the existing or any
future NMA shall apply to the employees covered by the TCI
Agreement except as provided in Paragraph 3 below or as
otherwise mutually agreed in writing by the parties.
(2) The TCI Agreement became a Supplement to the NMA upon
ratification of the 2007 Agreement. This Supplement shall remain
in full force and effect for the duration of this NMA. This
Supplement to the successor NMA will be subject to cancellation
or termination in accordance with Article 45 on July 31, 2018
provided that the notice provisions of the NMA are followed.
(3) Full-Time employees of Trailer Conditioners, Inc. (TCI) who
were participants in the Central States Southeast and Southwest
Areas Pension Fund (CS Plan) as of December 26, 2007, and all
future full-time employees who would have been covered by the
CS Plan absent this agreement, shall be covered by the UPS/IBT
Full-Time Pension Fund as set forth in Article 34, Section 1(l) of
the National Master Agreement (effective January 1, 2008) and
the related Plan Documents and Trust Agreement except the
benefit formula set forth in Article 34, Section 1 (l)(2) and (l)(6).
The benefit formula and monthly benefit for TCI employees will
continue at the level set forth in the TCI Agreement. As of
December 26, 2007, TCI ceased to have an obligation to
contribute to the CS Plan and will have no other obligation to
provide such employees with future benefit accruals under the CS
Plan. The provisions of Article 21, Section 1 of the TCI
Agreement became null and void upon ratification of the 2007
Agreement.
(4) All provisions in the TCI agreement shall remain in effect
through the expiration of this Agreement, as set forth in
Article 45 July 31, 2023.
ARTICLE 40. AIR OPERATION
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Preamble
[No change]
Section 1Air Drivers
(a) Air driver work shall consist of delivery and pickup of air
packages which, because of time and customer commitments,
cannot be reasonably performed by regular package drivers.
Such work may include:
(1) Delivery of air packages which the regular delivery drivers
cannot deliver within guaranteed time commitments.
(2) Delivery of air packages arriving at the facility after regular
drivers have been dispatched.
(3) Delivery and pick up of air packages on weekends and
holidays.
(4) On Call Air pickups.
(5) Pick up at air counters and drop boxes.
The Company shall not expand the utilization of part-time
employees to pick up drop boxes, including those containing
ground packages. The Company shall provide the International
Teamsters Union with a report no later than March 1, 2013 and,
thereafter, an annual report by August 15th of each year for the
prior contract year identifying for each Local Union the total
number of drop boxes being picked up by regular full-time
package drivers, full-time air/combo drivers, and part-time air
drivers. The ratio of drop boxes picked up by regular full-time
package drivers, full-time air/combo drivers and part-time air
drivers shall be maintained (within two (2) percentage points)
during the term of this Agreement. Additional drop boxes will be
picked up by the same ratio of regular full-time drivers, full-time
air/combo drivers and part-time air drivers as established by the
March 1, 2013 report. The Company shall, when feasible, use
full-time employees to pickup drop boxes. The size and
dimensions of drop boxes existing on February 1, 2013, and those
added thereafter, shall not be increased, without the consent of
the Union. Upon ratification of this agreement the size of
future drop boxes shall not exceed twenty-two (22) cubic feet
without the mutual agreement of the Co-chairs of the Joint
National Air Committee.
(6) Additional late air pickups.
(7) Air drivers may, on an exception basis, be used to make
service on packages which are not air packages.
An exception package is intended to be when an Air Driver is
making a pick up, as outlined above, after the regular driver has
been at the customer’s premises, and the customer has an
exception ground package(s) for shipment, the air driver may
make service on this package(s). Air drivers may continue to
pick up Automatic Return Service packages but the features of
this service will not be expanded.
Any violation of Section 1(a) (7), shall obligate the Employer to
pay the Air Driver involved the difference between his/her their
rate of pay and the top regular package car driver wage rate
existing at that building. Grievances concerning violation or
abuse of this shall be referred directly to the National Air
Committee.
(8) Delivery of early AM Packages.
(9) Movement of air packages to airports and other locations
such as service centers, UPS buildings and driver meet points.
Shuttle work currently performed by regular full-time drivers
shall be excluded. Should a regular full-time driver vacate a
position which includes air shuttle work, that job shall either be
rebid as it previously existed and continue to be paid at the
regular driver rate or the air shuttle work may be combined with
other air work to create one (1) or more full-time air or full-time
combination job(s) paid in accordance with Section 6 below. In
no event shall such shuttle work be assigned to a part-time air
driver.
Shuttle work currently being performed by part-time air drivers
shall be converted to full-time air driver work when the driver
vacates the job except when there is not enough work available
to create a full-time job.
(b) The workday for Air Drivers shall be as follows:
(1) Eight (8) hours scheduled work in the air driver’s
classification, or a combination of eight (8) hours scheduled work
in the air driver’s classification and other bargaining unit
classifications, except air walker. These employees shall receive
all appropriate full-time benefits.
(2) Less than eight (8) hours scheduled work in the air driver
classification or a combination of less than eight (8) hours
scheduled work in the air driver classification and other
bargaining unit classifications, except air walker. The Employer
will notify the Union within thirty (30) calendar days in writing
when a less than eight (8) hour position is created, and the Union
will have thirty (30) calendar days to grieve the implementation
if they believe such position is improper. This grievance shall go
directly to the National Air Committee. These less than eight (8)
hour employees shall receive appropriate part-time benefits. No
less than eight (8) hour combination job will be rescheduled to
create two (2) part-time jobs.
(3) Combinations which require more than a two (2) hour gap
between jobs will normally not be used unless mutually agreed to
by the Local Union and the Employer.
(c) Air Driver Work Week
7/26/2023
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The workweek for full-time air drivers currently working a
Monday through Friday workweek shall continue on that
schedule. The work-week for additional full-time air drivers shall
be any five (5) consecutive days in seven (7), and for all part-time
air drivers shall be any five (5) in seven (7) days.
(d) Air Driver Guarantee and Overtime
(1) Full-time air drivers shall have the same daily and weekly
guarantees as provided for regular drivers in the applicable
Supplement, Rider or Addendum. They shall receive overtime
pay for hours worked in excess of eight (8) hours in a twenty-four
(24) hour period or in excess of forty (40) hours per week. Full-
time air drivers who work a sixth or seventh report shall
receive time and one half (1 ½) for all hours worked.
(2) Less than eight (8) hour air drivers (part-time air drivers) who
have a regular scheduled start time shall have a three (3) three
and one-half (3-1/2) hour daily guarantee. They shall receive
overtime pay for hours worked in excess of eight (8) hours in a
twenty-four (24) hour period or in excess of forty (40) hours per
week.
(3) Any less than eight (8) hour combination air driver (part-time
combination air drivers) who works their three (3) hour guarantee
shall be guaranteed four (4) hours. They shall be paid overtime
for work in excess of eight (8) hours in a twenty-four (24) hour
period or in excess of forty (40) hours per week.
(4) The provisions above do not apply to an air exception driver
who performs extra work under Sections 1 (h), (j) or (k) below.
(5) Employees in paragraphs (2) and (3) above shall be entitled
to all other provisions in their Supplement, Rider or Addendum
(such as rest periods, shift differential, bidding to full-time jobs
and layoff provisions, etc.).
(e) Start Times
All full-time and part-time air drivers, who have a scheduled
assignment, shall have start times posted the previous week. Start
times may be adjusted with notification prior to the employees
reporting to work.
(f) Break Periods
(1) Full-time air drivers shall receive the same provisions for
lunch and/or breaks as regular drivers receive in their Local
Supplement, Rider or Addendum.
(2) This provision is not intended to give less than eight (8) hour
air drivers or less than eight (8) hour combination air drivers more
than one (1) break unless specifically stated otherwise in the
Local Supplement, Rider or Addendum. However, any less than
eight (8) hour air driver (part-time air driver) or less than eight
(8) hour combination air driver (part-time combination air driver)
who is dispatched with eight (8) or more hours will be provided
the same break or lunch period as that provided to full-time
drivers under the applicable Supplement, Rider or Addendum.
(g) Bidding Procedure
Air driver jobs shall be subject to the appropriate bidding
procedures in the applicable Supplement, Rider or Addendum.
(h) Exception Air Drivers
(1) The Employer and the Union recognize that there may be air
packages that cannot be delivered by the regular full-time
package car driver or the scheduled air drivers listed in this
Section. Therefore, the parties agree to continue the practice of
allowing the use of part-time employees who have signed the
exception qualified list or who have expressed in writing their
desire to be on the list and who have been certified to deliver these
exception air packages.
(2) Employees certified on the Exception Air Driver list who have
not worked over forty (40) hours in the current work week shall
be offered this work by seniority.
(3) Exception air drivers shall have no guarantee and will be paid
only for the time worked making air deliveries. In the event a
part-time employee works over eight (8) hours in any one (1)
twenty-four (24) hour period, he or she they shall be compensated
at the rate of time and one-half (1-1/2) for all hours worked over
eight (8) hours at the rate of pay specified in Section 6 below.
(4) No exception air driver shall be required by the Employer to
wait at a center for packages off the clock.
(i) Personal Vehicles
Air Exception drivers will use the Employer’s vehicles whenever
possible. Air Exception drivers who would happen to use their
personal automobiles shall be reimbursed at the IRS limit
applicable per mile for all miles driven to perform the air driving
work in addition to their air driver wages. When an employee uses
his/her their own vehicle in the service of the Employer and is
involved in an accident, the Employer shall be responsible for the
damages to both the employee’s vehicle and to the other person’s
vehicle and/or property, and will provide liability insurance
coverage.
(j) Holiday Work
When it is necessary to provide air service on holidays, the
following procedure shall be used:
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(1) The Employer shall offer this work in seniority order to full-
time air drivers who have worked at least one (1) day that week
before offering it to part-time air drivers.
(2) When the scheduling needs cannot be met using the above
provision, the Employer shall have the right to force part-time air
drivers and then full-time air drivers to work starting in reverse
order of seniority. If after exhausting the above steps scheduling
needs are still not met, the Employer shall offer the work in
seniority order within the package driver classification. If more
drivers are still needed the reverse seniority order concept will be
used for package drivers. Package car drivers who work on a
holiday may make a written request for an eight (8) hour
guarantee. Such written request shall be made the last work day
prior to the holiday. All time worked by these drivers on a holiday
will be paid at the Supplemental holiday rate.
(3) The scheduling of the support work will be reviewed with the
Local Union prior to the holiday. If the Local Union believes that
the Employer has scheduled an excessive number of support
employees, it shall have the right to appeal directly to the National
Air Committee. The National Air Committee will review the
schedule and determine whether the Employer has scheduled an
excessive number of support employees. If it is determined by the
National Air Committee that the Employer worked excessive
support employees, the excessive employees worked shall be paid
double-time for hours worked in addition to their holiday pay.
(4) Air drivers and support employees scheduled on a holiday to
ensure air service to the customer, including time performing
incidental work, shall receive straight-time for all hours worked
up to eight (8) hours in addition to the holiday pay. Overtime
provisions shall apply if the employee works over eight (8) hours.
(5) All part-time bid air drivers who work on a holiday will
be provided a three and one half (3 ½) hour guarantee.
(k) Saturday or Sunday Air Work
(1) To perform Saturday or Sunday air work the Employer and
the Union recognize the need for air drivers other than those
regularly scheduled. Qualified part-time employees who are
interested in performing this work will so notify the Employer,
be certified and be placed in seniority order on a posted qualified
air driver list. Such work will be first offered in seniority order to
employees on the qualified list who have not worked more than
thirty-seven (37) hours in the current week. This work shall then
be offered in seniority order to qualified part-time employees
regardless of hours worked. If the scheduling needs still cannot
be met, and additional employees are needed, the Employer may
force qualified part-time employees in reverse seniority order.
(2) These employees shall be paid at the air driver’s straight-time
rate of pay in accordance with Section 6 below. Time and one-
half (1-1/2) will be paid after eight (8) hours per day or after forty
(40) hours per week.
(3) All employees working as an air driver on Saturday or Sunday
under this Section shall have a three (3) hour guarantee.
(l) References in this Article to an air driver, part-time or full-
time, include employees who on a scheduled basis, perform (1)
only air driving work, or, (2) air driving work in combination with
other bargaining unit work.
Section 2. Air Walkers
[No change]
Section 3. Air Hub and Gateway Operations
[No change]
Section 4. Start Times for Air Shuttle and Air Feed Drivers
[No change]
Section 5. Grievance Procedure
[No change]
Section 6. Wages
All hourly wages for employees covered under Article 40 will be
determined in accordance with this Section, Article 22 and
Article 41 where specified.
(a) Part-time air drivers including exception air drivers will be
paid as follows:
Start $15.00 23.00
Twelve (12) months $16.00 24.00
Twenty-four (24) months $17.00 25.00
Thirty-six (36) months $21.00 29.00
Forty-eight (48) months Top Rate
(l) Effective August 1, 2018 2023 the prior $33.94 $28.64 forty-
eight month (top) rate will change on August 1st of each year of
the Agreement to reflect the agreed upon general wage increases.
(2) Seniority part-time employees entering a part-time air driver
job after the effective date of this Agreement will begin at the
seniority rate. Part-Time air drivers in progression as of the
ratification of this Agreement will maintain a two (2) year
progression to Top Rate as set forth in Article 40, Section 6(a) of
the 2013-2018 NMA but will be paid the applicable hourly rates
as set forth above.
Part-time employees who are awarded a scheduled part time air
driver job shall receive progression credit in accordance with the
7/26/2023
- 40 -
following: for each four (4) days on which exception air work
was performed in the two (2) years immediately prior to the bid
award, one (1) month of progression credit shall be granted. In
addition, if a bid part-time air driver is displaced, he/she they will
retain his/her their progression credit under paragraph (a.) for
any air exception work.
b. Full-time air drivers will be paid as follows:
Start $17.00 $23.00
Twelve (12) months $18.00 $24.00
Twenty-four (24) months $19.00 $25.00
Thirty-six (36) months $23.00 $29.00
Forty-eight (48) months Top Rate
1. Effective August 1, 2023 2018 the prior $35.94 $30.64 (top) rate
will change on August 1st of each years of the Agreement to
reflect the agreed upon general wage increases.
2. Seniority full-time employees entering a full-time air driver
job will be slotted based on their Company seniority. Full time
air drivers in progression as of the ratification of this Agreement
will maintain a two (2) year progression to Top Rate as set forth
in Article 40, Section 6(b) of the 2013-2018 NMA but will be
paid the applicable hourly rates as set forth above.
(c) All new hire full-time or part-time air drivers will be placed
in the applicable progression in paragraphs (a.) or (b.) above. All
existing full-time or part-time air drivers in progression on
August 1, 2023 shall be slotted into the new progressions in
paragraphs (a) or (b) above, as applicable. Part-time
employees who bid into a full-time air driver job covered by this
Section will be red-circled at their current wage rate until such
time as the calculated progression rate set forth above exceeds
that rate. The transfer date will become his/her their full-time
start date for the purposes of applying the progression set forth
above. A part-time employee shall not lose the red-circle
protection provided by this paragraph as a result of transferring
from one full-time air driver job to another full-time air driver
job.
(d) All current full-time or part-time air drivers who are out of the
progression in the prior agreement shall receive the general wage
increases provided for in accordance with Articles 22 or 41, as
applicable.
(e) Employees in existing or newly created less-than-eight hour
combination jobs shall be paid the part-time air rate in accordance
with paragraph (a.) above for air driver work and their normal
part-time wages for the hours worked in other classifications in
accordance with Article 22.
(f) Employees who are in existing full-time combination jobs or
who hereafter enter a full-time combination job shall be paid the
appropriate full-time air rate for air driver work and appropriate
inside part-time rate for the hours worked in other classifications.
If an employee has no established inside rate, that employee will
be paid the appropriate part-time rate in accordance with his their
Company seniority.
(g) Employees on the exception air driver list shall continue to be
slotted into the part-time air driver progression in paragraph (a.)
above based upon the length of time the employee has been
performing air exception work. Seniority employees who begin
performing air exception work will start at the seniority rate. New
part-time employees signing up to perform air exception work
will receive the start rate in paragraph (a.) above until they gain
seniority.
(h) Part-time air hub and gateway employees and air walkers shall
be paid the applicable part-time rate of pay as set forth in Article
22, Section 5(a) or (b). However, if a part-time employee is
awarded an air walker job he/she they shall continue to receive
his/her their inside rate in accordance with Article 22. Full-time
air hub and gateway jobs shall be paid in accordance with Article
41, Section 3 unless there is an existing agreement under Article
40, Section 3 expressly providing a pay rate for such a
classification.
(i) Air operation employees who are covered by a daily guarantee
shall receive the same rest period provisions as outlined in the
appropriate Supplement, Rider or Addendum.
(j) Upon ratification of this agreement, employees performing
deice and pushback duties in air hubs and gateways shall be
paid an hourly premium for the duration of the shift in which
such duties are performed. For deice duties the premium
shall be one dollar ($1.00) per hour, for pushback the
premium shall be seventy-five cents ($0.75) per hour.
Within thirty (30) days of the implementation of the
Employer’s new payroll processing system, but no later than
January 1, 2026, the following shall apply:
Employees performing k-loading duties, on aircraft only,
shall receive a premium of fifty cents ($0.50) per hour for the
duration of the shift in which such duties are performed.
ARTICLE 41. FULL-TIME EMPLOYEES
Section 1. Full-time Wage Increases
All full-time employees who have attained seniority as of August
1, 202318 will receive the following general wage increases for
each contract year. The total wage increase for the year will be
as follows:
2018 seventy cents ($0.70)
2019 seventy-five cents ($0.75)
2020 eighty cents ($0.80)
2021 ninety cents ($0.90)
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2022 one dollar ($1.00)
2023 two dollars and seventy-five cents ($2.75)
2024 seventy-five cents ($0.75)
2025 seventy-five cents ($0.75)
2026 one dollar ($1.00)
2027 two dollars and twenty-five cents ($2.25)
Full-time employees still in progression on the effective date of this
Master Agreement shall receive the above contractual increases.
They will be paid no less than what they are entitled to in accor-
dance with Article 41, Section 2 below.
Section 2. Full-time Wage Progression
(a) Notwithstanding any provision in any Supplements, Riders or
Addendum the progressions set forth in Sections 2(c) and 3 below
will be controlling with regard to any employee entering a full-
time job after August 1, 202318 covered by those Sections.
(b) No employee shall be required to complete a full-time pro-
gression more than one (1) time even if he or she transfers they
transfer between full-time jobs except as set forth in this
paragraph. The sole exception is when an employee is awarded a
package car or feeder driver job and has not previously held a
full-time job which includes driving duties. In such event, the
employee will have a break-in rate equal to the employee's
current wage rate until six (6) months from the date the employee
entered the job. The employee will then go to the prevailing top
rate. A part-time air driver who has completed the Article 40
progression, bids a full-time inside job and then a driver job
within two (2) years shall have the same break-in period.
(c) The progression for employees entering a package car driving,
feeder or other full-time job (other than an air, Article 43 jobs, or
a job covered by Sections 3 or 5 , 4 or 6 below) after August 1,
202318 shall be as follows:
Start $21.00 $23.00
Twelve (12) months $23.00 $24.00
Twenty-four (24) months $24.00 $25.00
Thirty-six (36) months $28.75 $30.75
Forty-eight (48) months Top Rate
Part-time employees on the payroll as of July 31, 202318 who
subsequently are promoted to full-time employment under this
paragraph will be red circled until such time as the calculated
progression rate exceeds that rate. The transfer date will become
his/her their full-time start date for purposes of applying the
above progression.
If a part-time employee bids to a full-time position and the top
rate of the classification is less than his/her their current rate, the
employee shall be placed at the top rate of the new classification
immediately.
This Sub-section shall supersede any provision to the contrary in
any Supplement, Rider or Addendum.
The progressions in this sub-section shall apply to full-time
employees who may have had separate progressions in their
Supplements, Riders or Addenda including, but not limited to,
UPS CSI.
Employees in the Article 41 Section 2(c) progression in the prior
Agreement as of the date of ratification shall be slotted into the
new progression above.
Section 3. Full-time Inside Wages
The rates in this Section shall not apply to any full-time inside
jobs guaranteed in Article 22, Section 2 created prior to August
1, 1997. Rather, for employees entering those jobs, Article 41,
Section 2 (c) above shall apply.
Part-time employees whose rates are higher than those set forth
below who bid into a full-time inside job covered by this Section
shall be paid their current inside wage rate plus the general wage
increases.
Other part-time employees who bid into a full-time inside job
covered by this Section will be red circled at their current wage
rate until such time as the calculated progression rate set forth
below exceeds that rate. The transfer date will become his/her
their full-time start date for purposes of applying the progression
set forth below. A part-time employee shall not lose the red circle
protection provided by this paragraph as a result of transferring
from one full-time inside job to another full-time inside job.
Start $16.00 23.00
Twelve (12) months $17.00 24.00
Twenty-four (24) months $18.00 25.00
Thirty-six (36) months $21.00 28.00
Forty-eight (48) months Top Rate
The Top Rate shall be $30.64 $35.94 plus the general wage
increases provided in Section 1 above.
Employees who are in progression as of the date of ratification,
will be slotted into the above progression. When the progression
is completed for these employees, the employee shall be placed
at the then current top rate and shall thereafter be eligible to
receive the general wage increases beginning on the next date
specified in Article 41, Section 1.
Full-time employees who bid into a full-time inside job covered
by this Section will be paid in accordance with their full-time
seniority date. Full-time employees with four (4) or more years
of full-time seniority who bid into a full-time inside job will be
paid the top current rate of the classification.
The above progression shall also apply to full-time inside jobs
within UPS CSI notwithstanding any applicable Addendum.
Section 4. Full-time Wages For Article 22.4(b) Jobs
Part-time employees whose rates are higher than those set forth
below who bid into a full-time 22.4(b) job covered by this Section
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shall be paid their current inside wage rate plus the general wage
increases.
Other part-time employees who bid into a full-time 22.4(b) job
covered by this Section will be red circled at their current wage
rate until such time as the calculated progression rate set forth
below exceeds that rate. The transfer date will become his/her
full-time start date for purposes of applying the progression set
forth below. A part-time employee shall not lose the red circle
protection provided by this paragraph as a result of transferring
from one full-time inside job to another full-time inside job.
Start $20.50
Twelve (12) months $21.25
Twenty-Four (24) months $22.75
Thirty-Six (36) months $25.00
Forty-Eight (48) months Top Rate
The Top Rate shall be $30.64 plus the general wage increases
provided in Section 1 above.
Any part-time employee performing package car cover-type work
in a Supplement, Rider or Addendum who bids into a 22.4 driver
job will be treated the same as if he entered into a regular package
car driver job under Article 41, Section 2 (c) for progression
credit and red circle purposes.
Full-time employees who bid into a full-time 22.4(b) job covered
by this Section will be paid in accordance with their full-time
seniority date. Full-time employees with four (4) or more years
of full-time seniority who bid into a full-time inside job will be
paid the top current rate of the classification.
Section 4 5 Full-time UPS CSI TCI and Challenge Air
Cargo Employees
Full-time UPS CSI, TCI and Challenge Air Cargo employees
shall receive the general wage increase on the dates set forth in
Article 41, Section 1.
Section 5 6-Mechanic Progression
The progression for employees entering a mechanic job after
August 1, 2023 2018 shall be as follows:
Current Top Rate
Start: 85%
Twelve (12) months 90% Top Rate
Twenty-Four (24) months Top rate
Mechanics in progression on August 1, 202318 shall be slotted
into the above progression.
ARTICLE 42. UNIFORMS
[No change]
ARTICLE 43. PREMIUM SERVICES
Section 1. Job Protection
[No change]
Section 2. Sleeper Team Operations
The Employer may use subcontractors for new custom contracts
for reasonable start-up periods. In no event shall such start-up
period exceed thirty (30) days. Any use of this provision shall
be reviewed and approved by the Union Chair of the
Premium Services Committee.
(1) Bidding and Mileage
(a) Sleeper cab runs approved pursuant to the provisions of
Article 43 will be posted and employees may bid for such runs in
accordance with the bidding procedures set forth in the applicable
Supplement, Rider or Addendum. No seniority employee shall be
forced to drive in a sleeper cab run unless otherwise provided in
their Feeder Work Rules or Local Union practice. If after the
bidding process is exhausted, the new jobs/vacancies have not
been filled, the following procedure shall apply. These jobs
will be offered to other facilities within the jurisdiction of the
local union which have qualified feeder drivers on lay-off,
displaced, or otherwise not holding a bid within the feeder
classification, before hiring off the street. To be eligible to
transfer and fill these new jobs/vacancies, the employee must
be qualified at the time the job is offered. Any employees
transferring from another facility pursuant to this paragraph
will have their seniority determined by the applicable
Supplement, Rider, Addendum, or Local Union
agreements/practice. The employee shall retain benefits (e.g.
vacation, sick leave, holidays, etc.) based on the employee’s
length of service. If no employee fills these new
jobs/vacancies, the Company will hire off the street. Drivers
hired off the street to cover open sleeper jobs will not be
eligible to bid on new/vacated jobs for a period of eighteen
(18) months. A senior driver who successfully bids a sleeper cab
run shall be permitted to select his/her their respective sleeper
cab team partner without regard to seniority, provided that the
driver selected as a partner has, prior to such bid, acknowledged
his/her their agreement, in writing, to accept such permanent
sleeper cab run driving assignment and provided further that the
selected partner possesses the required qualifications.
(b) There shall be no two (2) person operations on runs with loads
of less than five hundred fifty (550) outbound miles on the first
leg and one thousand one hundred (1,100) miles round trip. All
bids and cover drivers will receive reasonable time off at their
home center. Every team driver shall be guaranteed at least forty
(40) hours of pay per week.
(2) Driver Team
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Once driver teams are established it is understood that they are
not to be separated unless mutually agreed to by the Employer,
the Local Union, and the driver team involved, except in case of
emergency or reduction in force. Only two (2) drivers shall be
permitted in sleeper cab equipment at any one (1) time except in
case of emergency, an Act of God, or where a new type of
equipment is put into operation.
(3) Furnished Transportation and Lodging
Comfortable, sanitary lodging shall be furnished by the Employer
in all cases where an employee is required to take a rest period
away from his their home center. Air-conditioned hotel rooms
shall be furnished. Hotel rooms shall be equipped with blinds or
draperies or be suitably darkened during daylight hours. There
shall be no bunk beds or double beds and both drivers shall be
entitled to a room. All team driver lodging must be maintained on
the basis of one (1) driver per room.
Under unusual circumstances in which the Employer is unable to
furnish satisfactory lodging, the employee shall be paid fifty one
hundred dollars ($50.00) ($100.00) for each rest period; except
where accommodation is unavailable at such figure and it is
necessary for the driver to pay in excess of fifty one hundred
dollars ($50.00) ($100.00), he they shall receive reimbursement
of the actual cost of the room.
The Employer shall furnish transportation to and from the nearest
public transportation, when there is unreasonable delay, at an
away-from-home center, provided there is no public
transportation available in the near vicinity and provided further
that this provision shall not apply where the driver is allowed to
use company equipment for transportation.
All time waiting for motel/hotel furnished transportation and/or
waiting for a sleeping room to be made available will be paid at
the hourly rate of pay.
(4) Safety and Health Committee
The parties will maintain a safe and healthy working environment
in sleeper operations. The parties agree to establish a committee
composed of four (4) members each to review the comfort and/or
safety aspects of sleeper berths pertaining to ride. Such
committee shall meet by mutual agreement of the Co-chairmen
as to time and place. The committee shall confer with appropriate
representatives of equipment manufacturers and/or other experts
on this subject as may be available. The intent of the committee
is to identify any problems with the comfort and/or safety aspects
of sleeper berths pertaining to ride that may exist, and through its
deliberations with the manufacturers and/or other experts,
develop ways and means to correct such situations. Any disputes
will be referred to the Joint Premium Service Review Committee.
(5) Sleeper Equipment
Newly purchased equipment will meet the following
specifications:
(a) Minimum interior dimensions of the sleeper berths shall be:
Length79/80 inches;
Width36 inches; and
Height24 inches.
It is understood that a “manufacturing tolerance of error” of one
inch (1”) is permissible, provided the original specifications were
in conformity with the above recommended dimensions.
(b) Sleeper berths shall be equipped with individual heat and air
conditioning controls and units. Automatic idle shut offs will not
be activated unless required by law. If this occurs, the affected
local union may on a case-by-case basis appeal to the chairs of
the Article 43 Committee for resolution.
(c) Bunk restraint strap/net buckles on sleeper equipment shall be
mounted on the entrance side of the sleeper berth.
(d) Sleeper equipment shall be equipped with a power window on
the passenger’s side of the cab that is operable from the driver’s
side of the cab.
Leased equipment should be consistent with the above
specifications and comply with all DOT Regulations. Any
variations shall be reviewed with the Article 43 Union Chair.
(6) Subsistence Allowance
Each employee shall be allowed road expenses in the amount of
forty-five dollars ($45.00) thirty-five ($35.00) for each one
thousand (1000) miles traveled.
(7) Delay Time
It is the intent of the parties to make the driver whole for all
justified delay time, such as waiting for late loads, unscheduled
on property work, accident delay or on road equipment
breakdown. Any disputes will be referred to the Joint Premium
Service Review Committee.
(8) Solo Driving
There shall be no solo driving permitted in sleeper cab operations,
except in cases of emergency. In case of emergency where one
(1) driver is used to complete a sleeper cab trip, the driver so used
shall receive the full mileage rate of pay per unit mile traveled in
addition to all other compensation provided for herein. In cases
of emergency solo driving of such length that a rest period is
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necessary, the driver, in addition, shall be provided the cost of
lodging for such rest period.
(9) Layover Pay
In the event a driver is required to take a rest period during any
one (1) round trip away from his their home center, the driver
shall be compensated at his their regular hourly rate of pay for
all hours after the first eight (8) hours of the layover.
(10) Mileage Determination
Sleeper drivers shall be paid for the scheduled miles that they
drive, on a point-to-point basis over the routes driven. The
method of measurement for mileage under this provision will be
Microsoft Streets and Trips mapping or similar successor
software.
(11) All employees entering after August 1, 2023 2018, a job
classification paid on a mileage rate, who have not yet completed a
full-time progression, shall be paid a progression rate equal to the
following:
Single Double Triple
Start .5816 .5939 .6062
Twelve (12) Months .6203 .6335 .6466
Twenty-Four (24) Months .6591 .6731 .6871
Thirty-Six (36) Months .6979 .7127 .7275
Forty-Eight (48) Months TOP RATE
Progression Single Double Triple
Start 0.6370 0.6504 0.6639
12 months 0.6473 0.6611 0.6747
24 months 0.6866 0.7012 0.7158
36 months 0.7465 0.7623 0.7781
48 months TOP RATE
Those drivers in progression as of the ratification of this Agreement
will maintain a three (3) the four (4) year progression to Top Rate
and be slotted into the above progression rates as set forth in
Article 43, Section 2 (11) of the 2013-2018 NMA but will be paid
the applicable mileage rates as set forth above.
Those drivers in progression as of the ratification of this
Agreement will maintain a three (3) the four (4) year progression
to Top Rate and be slotted into the above progression rates as
set forth in Article 43, Section 2 (11) of the 2013-2018 NMA but
will be paid the applicable mileage rates as set forth above.
(12) Hourly work performed at the beginning or end of a mileage
run shall be paid at the applicable hourly feeder one and one-half
(1 1/2) rate of pay or the applicable premium rate of pay in the
driver’s Supplemental Agreement.
(13) All tractors shall have PrePass technology installed as soon
as practicable, and it shall be maintained in proper working order.
Section 3. Mileage Rates
Premium Service drivers will be paid the cents per mile shown
below for all miles driven. Sleeper teams will receive a two (2)
cents per mile premium on the appropriate mileage rate and will
equally divide the appropriate rate.
The mileage rates set forth below shall be effective on August 1
for each of the specified contract years. The total increases for
each year will result in the following mileage rates:
Single Double Triple
August 2018 0.8442 0.8626 0.8810
August 2019 0.8613 0.8800 0.8988
August 2020 0.8796 0.8987 0.9179
August 2021 0.9001 0.9196 0.9393
August 2022 0.9229 0.9429 0.9631
Top Rate Single Double Triple
2023 1.0148 1.0348 1.0550
2024 1.0320 1.0520 1.0722
2025 1.0492 1.0692 1.0894
2026 1.0721 1.0921 1.1123
2027 1.1237 1.1437 1.1639
Section 4. Joint Premium Service Review Committee
The Employer and the Union agree to establish a Joint Premium
Service Review Committee consisting of four (4) Union
representatives and four (4) Employer representatives. This
Committee shall meet at least quarterly or upon the call of either
the Union Chair (who shall be appointed by the Union General
President) or the Employer Chair.
In the event the Employer proposes to implement either a mileage
layover run, or sleeper team run or a city pair (mileage turn) in
accordance with the provisions of Section 1 above, the run must
first be reviewed and approved by the affected Local Union(s)
Joint Premium Service Review Committee. Such approval
shall not be unreasonably denied. After approval by the Local
Union(s), the accommodation shall be submitted to the Joint
Premium Service
Review Committee for review. The Employer may also submit
the accommodation to the Committee for review in the event
approval is denied by the Local Union(s). No such
accommodation shall be implemented without the approval of the
Parcel & Small Package Division Director or the General
President’s designee. Approval shall not be unreasonably denied.
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The Committee shall also review the Employer’s compliance
with the provisions of this Article and shall report and
recommend improvements or alterations in the implementation
and operation of premium service and sleeper team drivers.
Article 43
Premium Services
Guidelines UPS Mileage
Layover, City Pair and
Sleeper Team Drivers
TEAMSTERS/UNITED PARCEL SERVICE
ARTICLE 43 PREMIUM SERVICES COMMITTEE
Guidelines for UPS Mileage Layover, City Pair,
and Sleeper Team Drivers
1. No Feeder Driver will be laid off or displaced from the
Feeder Classification as a direct result of the
implementation of a Premium Service Job.
2. If the Employer’s existing Feeder Network can meet the
Employer’s time and service needs, that network will be
used first.
In the event the Employer proposes to implement either
a mileage layover run, or sleeper team run or a city pair
(mileage turn) in accordance with the provisions of
section 1 above, the run must first be reviewed and
approved by the affected Local Union(s) Joint
Premium Service Review Committee. Such approval
shall not be unreasonably denied.
After approval by the Local Union(s), the
accommodation shall be submitted to the Joint Premium
Service Review Committee for review.
The Employer may also submit the accommodation to
the Committee for review in the event approval is denied
by the Local Union(s).
No such accommodation shall be implemented without
the approval of the Package Division Director or the
General President’s designee.
Approval shall not be unreasonably denied.
Any run that has been approved and is changed such
change must be reviewed with the Local Union(s)
involved and approved pursuant to the above
process. Upon the re-optimization of the network, the
Committee shall review the Employer’s compliance
with the provisions of this Article and shall report
and recommend improvements or alterations in the
implementation and operation of all mileage runs,
premium service and sleeper team runs.
City Pair (mileage turn) drivers will be paid by the actual miles
driven between selected UPS locations which are more than 250
miles apart.
City Pair (mileage turn) drivers shall be scheduled for 5 working
days as outlined in the applicable supplement, rider or addendum.
Layover drivers will be paid by the actual miles driven between
selected UPS locations, which are typically more than 500 miles
apart.
Mileage jobs not scheduled to equal ten (10) hours of pay will be
filled in with local hourly feeder work in the following order:
1. Local feeder or CPU/TDP work at origin hub or
center.
2. Shifter work at origin work location.
3. Layover jobs not scheduled to equal ten (10) hours
per day, may be supplemented with an additional
day of work at the regular hourly rate in an effort to
provide forty (40) hours of work weekly. When this
occurs, the layover job will not be subjected to the
requirement of providing hourly work to equal ten
(10) hours of pay.
4. Destination local work will be the last
consideration.
Holidays, personal holiday, paid sick days, funeral leave and jury
duty for city pair (mileage turn), layover and sleeper team drivers
will be paid in accordance with the applicable supplement, rider
or addendum. The layover and sleeper team drivers will be
compensated for no less than forty (40) hours of work in a holiday
workweek.
These holidays will be paid at ten (10) hours straight time pay for
mileage drivers who are scheduled four (4) days a week, ten (10)
hours a day if the holiday falls on a day the employee is normally
scheduled to work. When the holiday falls on a non-scheduled
day, the employee will be paid in accordance with the applicable
supplement, rider or addendum.
When the city pair (mileage turn), layover and sleeper team
drivers are required to work on a holiday, the driver will be paid
at the appropriate holiday rate under the applicable supplement,
rider or addendum.
City pair (mileage turn), layover and sleeper team jobs will be bid
among regular origin feeder jobs as per local procedures and
work rules.
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Jobs not selected in normal top down seniority order will be
assigned from the bottom up as per normal local work rules. As
per Article 43, Section 2(1)(a).
Efforts to pre-connect city pair (mileage turn), layover and
sleeper team driver’s tractor/trailer units at the local origin will
be made at both the start and the finish of the run in a regular
location on the lot.
Pre-trip, post-trip inspection, start and finish shall be part of the
applicable mileage rate.
“It is the intent of the parties to make the driver whole for all
justified delay time, such as waiting for late loads, unscheduled
on-property work, accident delay or on-road equipment
breakdown. Any disputes will be referred to the Joint Premium
Service Committee.” Unless authorized otherwise by
management, delays will commence at the scheduled
departure time.
Unless authorized otherwise by management, delays will
commence at the scheduled departure time.
Mileage drivers are not paid for traffic delays when mileage is
recorded within the delay except as follows:
On major highways, traffic delays will commence when a
mileage driver’s speed is reduced to a complete stop and then the
driver continues to move at a speed less than fifteen (15) miles
per hour. The delay would continue until the tractor reaches a
speed of fifteen (15) miles per hour for at least one (1)
consecutive minute. Traffic delays must be fifteen (15) minutes
or greater and will be paid back to the first minute.
It is understood in extreme traffic delay cases, delay pay will not
be unreasonably denied.
While this section clearly entitles the Team Drivers to be made
whole for all justified delay time such as waiting for late loads
this language applies only to sleeper cab planned runs that have
been awarded through the appropriate applicable supplemental,
rider or addendum provision.
When sleeper team runs require waiting time at the furthest point,
such waiting time may be non-paid, but not to exceed one two
(21) hours.
The driver will be paid from the actual arrival time to the extent
that an early arrival is not the fault of the driver. Each arrival at
the home domicile will reset the furthest point, but in no instance
will a team have more than one (1) unpaid hour total at
furthest points in any one week, except as provided below.
Upon arrival at the furthest point, the Company will have the
option of providing suitable lodging for the duration of any wait
time. Drivers who are provided with lodging will be in a non-pay
status not to exceed eight (8) hours or until placed back on duty
by the Company.
The Company may schedule a maximum of ten percent (10%) of
the total approved network sleeper teams nationwide up to ten
(10) hours in non-pay status at the furthest point. The Company
will not un-necessarily create these types of runs or excessively
schedule these runs in any one (1) Local Union. Also, the
Company must have a specific business purpose to schedule such
a run as well as follow the approval process set forth in the Article
43 Guidelines on any newly created runs as of March 27, 2013.
Waiting time at intermediate stops will be handled in accordance
with the applicable local supplement, rider or addendum.
Delays of fifteen minutes or more will be paid back to the first
minute, at the applicable local hourly feeder rate for both team
drivers and a single person driver that is on a layover run.
“Chain-up” time will be paid to both team drivers and a single
person driver that is on a layover run in the States where it is
required.
City pair (mileage turn), layover and sleeper team drivers will be
paid the applicable feeder hourly rate after a diversion occurs
from the point of leaving the main highway to the facility and
returning to the main highway. Any such re-dispatch will not
displace any bid feeder work.
Mileage Determination:
Sleeper Team drivers shall be paid for the scheduled miles that
they drive, on a point-to-point basis, over the routes driven. The
method of measurement for mileage under this provision will be
Microsoft Streets and Trips mapping or similar successor
software. If an extension or diversion occurs, the drivers would
be paid the scheduled miles using the same methodology as
above.
Fuel and Wash will be handled in the following manner:
There shall be a set fuel/wash allowance of thirty (30) minutes
when a fueling event is scheduled at a non UPS facility or
required in an emergency situation.
However, when sleeper teams are scheduled to fuel/wash at UPS
facilities other than those designated as an intermediate stop,
those stops which utilize a staging area outside of the facility the
fuel/wash delay will start at the point of uncoupling and finish
when re-coupling is completed. If uncoupling and re-coupling is
necessary within a facility, a team will commence being paid
upon entering the facility and finish upon exiting. If uncoupling
is not necessary, teams will be paid a set fuel/wash allowance of
forty (40) minutes.
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Re-route:
A re-route occurs when a sleeper team is taken off their scheduled
path due to weather, road closure, accident, etc. When a team is
re-routed to other comparable roadways, the team’s additional
miles will be compensated at the applicable mileage rate of pay.
If a mileage driver is re-routed to a non-comparable main
highway, he will be paid at the applicable hourly rate of pay.
Extension:
An extension occurs when an exception such as inclement
weather, breakdown, traffic delay, etc. requires a sleeper team to
be extended beyond their furthest point. These miles will be paid
at the regular mileage rate of pay.
Shuttle service to a sanitary hotel and lodging expenses will be
paid for, or provided by, the Employer.
It is understood that supplemental language, regarding
impassable highways, shall continue to apply. If a mileage driver
pulls doubles any part of his/her day, he/she will be paid the
doubles rate for the entire day. Double forty (40) foot trailers will
be categorized the same as triples.
For Sleeper Team Drivers, the greatest number of trailers actually
pulled will be used for compensating all legs from domicile to
return to domicile. Each turn at domicile will reset the trailer
compensation rate.
Applicable wage rates are listed under Article 43 and apply to all
drivers. There is no wage progression for full-time package car
and feeder drivers hired on or prior to August 1
st
, 1997.
In the event city pair (mileage turn), layover and sleeper team
mileage drivers are offered work on a regular scheduled day off
from his/her workweek, the following shall apply:
1. Mileage drivers who work on their days off shall be paid
the applicable feeder premium rate of pay in his/her
Supplemental Agreement.
2. Mileage drivers scheduled for four (4) runs at ten (10)
hours a day When the drivers work on the fifth (5
th
)
punch, such drivers shall be paid the applicable premium
rate of pay in his/her Supplemental Agreement for the
sixth (6
th
) day of work.
3. Mileage drivers scheduled for four (4) runs at ten (10)
hours a day When the drivers work on the sixth (6
th
)
punch, such drivers shall be paid the applicable premium
rate of pay in his/her Supplemental Agreement for the
seventh (7
th
) day of work.
4. Sleeper team drivers who work on their first (1
st
)
scheduled day off will be paid at the applicable premium
rate of pay as a sixth (6
th
) day of work in accordance
with his/her Supplemental Agreement. Any subsequent
days worked thereafter within their scheduled
workweek will be paid as a seventh (7
th
) day of work in
accordance with his/her Supplemental Agreement.
A premium service layover and sleeper team driver equals in four
(4) days the same benefits as a five (5) day hourly driver.
Hourly work performed at the beginning or end of a mileage run
shall be paid at the applicable hourly feeder one and one-half (1
½) rate of pay or the applicable premium rate of pay in the
driver’s Supplemental Agreement. This would include mileage
runs that may have multiple beginnings and endings at the home
domicile.
Subsistence allowance shall cover the cost of showers; however,
where practical and when possible, UPS may provide a shower at
the destination facility.
The cost of fees for bridges, turnpikes, expressways and weigh
stations shall be paid by the Employer.
Each driver will be issued two (2) sheets, two (2) pillow cases,
and one (1) blanket each year, provided however, that if a driver
requests a replacement set of sheets, pillow cases, and blankets
because of the material being worn out prior to one (1) year, such
request will not be unreasonably denied by UPS. Laundry service
shall be paid by the drivers.
Planned mileage runs must be bid with designated work days and
days off (i.e. four-day runs and five-day runs).
Mileage drivers shall be paid the applicable mileage rate of pay
for all miles driven.
Each sleeper team driver will receive subsistence allowance of
thirty-five dollars ($35.00) forty-five dollars ($45.00) for every
one-thousand (1000) miles driven. Miles driven under one-
thousand (1000) each work week shall be adjusted within a thirty
(30) day period. For example, three-thousand five-hundred
(3,500) miles in a week, five-hundred (500) miles of the total
miles driven will be prorated.
In areas where Sleeper Team jobs are currently running or
implemented in the future, the parties will meet to develop
Sleeper Team Work Rules to address topics not already
covered by the NMA or the Premium Services Guidelines.
Neither party will unreasonably delay the addressing of
Sleeper Team Work Rules.
VACATED SLEEPER POSITION SELECTION
Each Local Union may elect to follow this procedure for the
replacement of the senior driver work assignment or continue the
practice that presently exists in their Local Union area. In the
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event the senior driver (A driver), of a bid team permanently
vacates the team for any reason, the junior driver (B driver), will
become the senior (A driver), for that team for the purpose of
selection of his/her replacement. The selection will be in
accordance with Article 43, Section 2 (1) (a) of the National
Master Agreement.
ARTICLE 44. OVER 70 POUND SERVICE PACKAGE
HANDLING
[No change]
Section 1. On Area Package Handling
No employee shall be required to handle any over 70 pound
packages alone if it is the employee’s good faith belief that such
handling would be a safety hazard to herself or himself
themselves. In such cases, the Employer shall provide whichever
of the following is requested in good faith by the employee in
handling over 70 pound packages:
1. Another bargaining unit employee for assistance, or
2. Appropriate lifting/handling devices, or
3. Another bargaining unit employee and an appropriate lifting/
handling device for handling, pick-up or delivery circumstances
that require both bargaining unit help and an appropriate lifting/
handling device.
4. Smalls bags over 70 pounds will be handled in accordance
with 1 through 3 above. When discovered in the small sort the
bag will be split into two bags.
In all such instances involving package car drivers, where assis-
tance from another bargaining unit employee has been
requested in good faith, both employees will be full-time
employees of the bargaining unit except that air drivers or
helpers, where permitted by the applicable Supplement, may be
used to assist the full-time driver in the delivery and/or pickup
of such overweight packages. On Saturdays, air drivers may be
assisted by another air driver in the delivery and/or pickup of
overweight packages. A helper may be used to assist a driver in
the handling of overweight packages when a helper is already
on the package car in accordance with the terms of the
Supplement, Rider or Addendum.
No employee will be required to solicit or accept customer
assistance if it is the employee’s good faith belief that the
customer is not qualified to help or that such assistance would
be a safety hazard to themselves or the customer.
All new and existing employees who handle packages shall be
provided with periodic training in the recognition and proper
handling of over 70 pound packages.
Items 1 and 2 above will also apply to automotive mechanics
when handling equipment over 70 pounds.
No employee shall be disciplined as a result of following the
provisions of this section.
Section 2. Package Identification
[No change]
Section 3. Inside Package Handling Procedures
[No change]
ARTICLE 45. DURATION
Section 1.
This Agreement shall be in full force and effect from August 1,
202318 to and including July 31, 20283 and shall continue from
year to year thereafter unless written notice of desire to cancel or
terminate the Agreement is served by either party upon the other
at least sixty (60) days prior to the date of expiration.
Section 2.
Where no such cancellation or termination notice is served and
the parties desire to continue said Agreement but also desire to
negotiate changes or revisions in this Agreement, either party
may serve upon the other a notice at least sixty (60) days prior to
July 31, 20283 or July 31st of any subsequent contract year,
advising that such party desires to revise or change terms or
conditions of such Agreement.
Section 3.
Revisions agreed upon or ordered shall be effective as of August 1,
202318 unless otherwise specifically provided. The Employer or
the National Negotiating Committee shall be permitted all legal
or economic recourse to support their requests for revisions if the
parties fail to agree therein.
Section 4.
In the event of an inadvertent failure by either party to give notice
set forth in Sections 1 and 2 of the Article, such party may give
such notice at any time prior to the termination or automatic
renewal date of this Agreement. If a notice is given in accordance
with the provisions of this Section, the expiration date of this
Agreement shall be the sixty-first (61st) day following such
notice.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals this ________day of __, 202318 to be effective as of
7/26/2023
- 49 -
ratification of this Agreement except as to those areas where it
has been otherwise agreed between the parties:
IN WITNESS WHEREOF the undersigned do duly execute the
NATIONAL MASTER UNITED PARCEL SERVICE AGREE-
MENT and Supplemental Agreements, Riders and/or Addenda.
Memorandum of Understanding
[No change]
Memorandum of Understanding
[No change]
Memorandum of Understanding
[No change]
Memorandum of Understanding
[No change]
LETTER OF AGREEMENT
[No change]
Memorandum of Understanding
[No change]
Memorandum of Understanding National Master
Negotiations
The parties agree that a package car driver requesting a fan in the
cab of their vehicle shall make such request through the local
Safety and Health Committee for approval. Any disputes over
installation of a fan shall be referred directly to the Co-Chairs of
the National Safety and Health Committee for resolution. Such
request will not unreasonably be denied.
LETTER OF AGREEMENT
United Parcel Service Inc. (“UPS” or “Company”) and the
Teamsters National UPS Negotiating Committee (Union) agree
to the following in connection with the implementation of Article
34 of the 2018-2023 National Master UPS Agreement (NMA):
The hourly increase in full-time contribution for TeamCare set
forth in Article 34 for 2018, 2019 and 2020 shall be forty-two
cents ($0.42); forty-three cents ($0.43); and forty-five cents
($0.45), instead of fifty cents ($0.50) if TeamCare does not adjust
its dental, life insurance and short-term disability benefits for full-
time employees in the C6 Plan to match these benefits in
TeamCare. This adjustment shall be applied on the effective date
of the NMA.
LETTER OF AGREEMENT
United Parcel Service, Inc. (“UPS” or “Company”) and the
Teamsters UPS National Negotiating Committee (“Union”)
agree to the following in conjunction with the negotiation of
the current National Master Agreement.
1. Part-time employees employed in the Anchorage, Alaska
air gateway shall be entitled to overtime for hours worked in
excess of five (5) hours per day.
2. Employees certified as hazmat responders in accordance
with Article 18, Section 21 shall receive a minimum hourly
premium for all compensated hours of one dollar per hour
($1.00).