Our union contract includes language to help package drivers enforce their 9.5 rights against unwanted excessive overtime.
Enforcement pays off. Members have won penalty pay at triple time for excessive dispatch and gotten their loads adjusted.
Here’s a step-by-step guide for enforcing your 9.5 rights.
Get On the 9.5 List
The first step is to get on the 9.5 list.
If you worked more than 9.5 hours on three days in one work week, then you qualify for the 9.5 list. (There are exceptions for cover drivers)
Then go with your steward to talk with your Center Manager and get your name on the 9.5 list.
Meeting with Management
The steward should bring a copy of the 9.5 Rights Documentation Form to your meeting with the Center Manager.
If the Center Manager denies your right to get on the 9.5 Opt-In list, document that fact and their reasons why on the 9.5 Rights Documentation Form. Then file a grievance saying that the company violated Article 37 by failing to add you to the 9.5 Opt-In list after you had worked more than 9.5 hours on three days in one work week.
Filing 9.5 Grievances
Once you are on the 9.5 list, you should file a 9.5 grievance whenever you are over-dispatched and work more than 9.5 hours three times in a work week.
Depending on the circumstances, a 9.5 grievance can be settled by management adjusting your load, management paying triple time pay for yours hours worked over 9.5 or an agreement for triple time penalty on the next violation.
If management refuses to resolve the grievance, it can be taken to the next step which is the grievance panel.
Management frequently stonewalls and delays to try to frustrate drivers out of filing 9.5 grievances. Stick with it. Eventually, you will get your penalty pay.