Attention UPS Package Drivers:
Twice per year you have the opportunity to sign up on the 9.5 list and protect yourself from excessive overtime. The 9.5 list gives drivers the right to file grievances over pay when they are worked more than 9.5 hours more than twice a week. When UPS violates 9.5 rights, Article 37 of the National Master Agreement calls for the company to reduce the driver’s workload and pay triple time – instead of time and a half – for time worked in excess of 9.5 hours in a day. Eligible drivers should talk to their shop stewards to get signed up on the list.
The National Master United Parcel Service Agreement has the following language regarding 9.5 protection:
ARTICLE 37. MANAGEMENT EMPLOYEE RELATIONS
Section 1.
(c) The Union shall circulate and collect the names of package drivers who wish to be covered by the provisions of this Section twice each year. These lists 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 - 142 - Article 37 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 overtime on the two (2) remaining days within the workweek in order to retaliate against a driver for opting onto the 9.5 List. 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 name from the list at any time, with one week’s notice to the Employer.
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