Attention UPS Package Drivers:
Every 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
(c) The Union shall circulate and collect the names of eligible package drivers who wish to be covered by the provisions of this Section once each year. This list shall be provided to the Company by January 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. A driver may add or delete 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 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.
Updated: August 1, 2023
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