Reality Check EP 016

The speakers discuss various issues related to working conditions and management practices. They mention peak season and the exhaustion it causes. They also talk about the importance of correctly coding lunch breaks and the consequences of not doing so. They discuss the company's previous attempts to take away employees' option days and how they fought back through filing grievances. They mention changes in the contract language regarding hours of work and overtime. They also criticize management's lack of concern for employee safety during an ice storm and the company's focus on numbers over safety. They mention a letter of understanding in the contract that outlines premium pay for additional days worked. They also discuss overtime pay for part-time employees and the importance of knowing the specific rules and regulations. Teamster Power 767 Reality Check with Jeff Schoenfeld and Garfield Hooper. Hey Garfield, how are we doing today? Man Jeff, I'll tell you what, I'm tired. I know it, I know it, I'm feeling it, like the aches and pains. It's our peak season. Yeah, this week wasn't nearly as bad for us as it was last week. But by Friday, people were getting off the clock early and they were like, well you guys are going to go Code 5. And they were like, no, no, we're not going to Code 5. Basically we've got BBDs and everything else going out. Exactly, yeah. I don't know how tired. Nope, nope. So was there anything out of the ordinary that stuck out last week? Any issues that you might have had at your building? Not particularly. Just basic stuff. Yeah, just basic stuff. It's always something. Oh, I did say this. We had a couple of guys get written up for not coding out their helper's lunch correctly. Come on. And I pointed out that they wrote them up under Article 54, but there's nothing in Article 54 that says anything about coding out anybody else's lunch. No, nothing. You're responsible for your own time card, but nobody else is. And I told the managers, I said, well if they're going to be written up because their time cards are wrong, then they just won't use helpers anymore. Well, yeah, that's it. We're not responsible for that. That's the company's problem. That's not ours. Yeah, they want to put it under 54, don't say anything. And when it comes up, it's like, okay, yeah, I didn't know it was under Article 54. I'm still looking where it says you have to write down the helpers when they're clocking out for lunch. I'm still looking. Yeah, I'm looking. And I'm not even looking and I'm still looking. Yeah. For us, it was always don't change your start time, right? No matter what, don't change your start time. So we were starting at 10 o'clock Tuesday through Friday, right? Yeah. And they're like, oh, change your start time until this. I'm like, no, I'm not changing my start time. You can change it. I'll make sure you do it right. But I'm not changing it in the board. They're trying to fire people. Are you kidding me? Yeah. Make up your mind. Yeah. You know? Well, they want you to do it when it's convenient for them. Of course. Of course. And I just want people to, you know, members to just don't touch the board. Just leave it as it is. Because, you know, peak season's done. They're coming after you and that'll be one of the things. They said it was okay during peak, but I don't want people getting into those habits where, you know, because, you know, management will, you know, come after them or whatnot. I mean, it just avoids everything, you know? Yeah. So I want to talk about something. Remember a couple years ago, the ice storm? Oh, yeah. One of the many. Well, one of them. Yeah. And, you know, they were taking away people's option days. Yes. You know, on their own. And, I mean, I was a DA at the time. I was like, I was telling everyone and anyone, file a grievance. File a grievance. File a grievance. And some people thought that the company could do it. And people like me, you, you know, were like, nah, they can't do that. They can't just take your option day. No. I mean, and we fought, and the people who filed eventually won. Yeah. Do you know that? You don't realize, too, that if they use your entitlements incorrectly like that, you know, they'll pay you for that eight hours for that day or, you know, four hours if you're a part-timer. And, you know, you come back and you file that grievance. And when you win, they'd already paid you for that eight hours, but you're going to get that option day back. So you basically just got a free paid day. You know, it's like, you know, in the end, we just want it done right. And they did put some language in the contract, some new language. This is under Article 58, hours of work and overtime. It's going to read exactly what it says, the new language. However, an employee is not notified that the facility or building is not operating and reports they will be paid their daily guarantee. Unless requested by an employee, no paid entitlements will be used for any conditions listed in this paragraph when that employee's operation is not operating. I mean, I'm glad they finally put it in there. Yeah. But I think, you know, when it wasn't, we were still, I mean, we were right. And anyone should have filed it. It shouldn't have been an issue. Yeah. And it was a big problem. You know, they were taking days away from people. Well, and I'm sure if anybody up north is listening to us, they're being like, oh, y'all don't know what ICE is like. And I'll be the first to admit, we don't. But they like to wait until like the last minute people come in and say, hey, I remember, was it last year or the year before last we had an ICE storm? Or was it earlier this year? Hell, they shut down our building, but it was after a bunch of people had already showed up. And, like, I went in just specifically to make sure that, you know, people knew that because the roads were icy, because here in Texas we don't have the infrastructure for that stuff. Just because the roads were icy, they weren't forcing these guys to go out and, you know, be unsafe. But I already live, like on a good day, I live 40 minutes from the building. So it took me – I got up and went in and drove two hours to the building. It took me – how long it took me to get in there, just so I could make sure that they weren't forcing people to go out. And it was – there were a few people that volunteered to go out, you know, our division manager – the division manager and I got into it that morning. Well, these guys are men. They should go out and do what needs to be done. I'm like, yeah, but, you know, they also need to get home to their families. And, like, these aren't the safest vehicles on the road. Like, most of these trucks are lucky if they've got analog brakes that work. Wait, can I ask you something quick? Yeah. Can I ask you something quick? So he's saying there were men. Is he saying that women can't do it? Is that what he was saying also? I guess that's what he was saying. I mean, what is he thinking, man? What is he thinking? We know that's not true. Women can do – They sent out, like, 20 drivers out of, like, 60 or 70 they had put out, and then they – I think this was at, like, 10 o'clock. And then they told them all to come back at, like, noon. Yeah. Yeah. I mean, I just – We were shut down for two more days after that. Yeah. And the thing is, it's about safety. So, you know, management, oh, safety first. My butt. My butt. Because you know what? They wouldn't have sent them out there. So people volunteered. They should have gone out. You know what I'm saying? Yeah, they shouldn't have. They shouldn't have sent them out. Yeah. They put them in harm's way. They absolutely did. They put them in harm's way. They did it for their numbers. Like, oh, well, these guys are going to go out. And I'm like, how are your numbers going to reflect well because you've got 20 drivers out of 60 or 70 that are going to go out and deliver, you know, 20 or 30 packages and then bring them back to the building two hours later. And like, you owe them a full day's pay. You owe them eight hours at that point. How is that affecting your numbers? How is that positively affecting your numbers? I don't understand it. They just do what they want to and it's safety. Yeah. Okay. They don't think. And like we've said many times, what's the accessible losses for this company? Exactly. Exactly. And they've proven that. They've proven that that's the way they operate. Yeah. So, but. So, that's what I want to talk about, you know, along those lines is the letter of understanding. We've talked about it, you know, in the back of the book. There's a letter of understanding on certain articles. And there is one in Article 58, hours of work and overtime. Okay. So, this is speaking on new language that was, you know, put in the contract. Full-time employees scheduled for four 10-hour days in a workweek will be paid premium pay for additional days worked as follows. When working a fifth day, the driver will be paid as a sixth day, a time and one half, their straight-time hourly rate for all work performed on that day. When working a sixth day, the driver will be paid as a seventh day, a double time, their straight-time hourly rate for all work performed on that day. When working on a seventh day, the driver will be paid a seventh day, a double, their straight-time hourly rate for all work performed on that day. So, but there is another thing to that, that, you know, it's overtime for part-time employees will be paid in accordance with Article 49. Right, Garfield? Yeah. And, you know, it's that section. It's Section 1 for the part-time employees. Read that for the people out there. Yeah. So, 49 Section 1, part-time employees are defined as employees not otherwise regularly employed who, when reporting to a work-as-scheduled, shall be guaranteed a minimum of three and one-half hours. However, should any part-time employee in the case of emergency work beyond the fifth hour, the employee should be paid time and one half for all hours worked past the fifth hour. Part-time employees working in excess of eight hours in a 24-hour period shall receive time and one half for all hours worked over eight hours at the rate of pay prevailing at the time overtime is worked. It's important. I think everyone, most of the part-timers know it's after the fifth hour for their overtime. And just, you know, it's – and just to add one thing is after six hours, you get a 10-minute break also. Yeah, 10-minute pay break, yeah. Well, and it's also – it's also a lot of people were confused with – especially with the part-timers that are also doing, like, SSD work now. You'll get your overtime over eight hours, like, in your combined work. So, if you work four hours in the morning and then you go out and you work, you know, five or six more hours as an SSD, you'll get overtime after you reach a total of eight hours for the day. Yes. Absolutely. Absolutely. So, it's – you know, I mean, there's just – there's things everywhere, you know, that – so many things that members need to know. And I think, like – I think we've said it before, it's repetition on it. I think you're just always asking questions, right? I think members always need to ask questions. Don't just – don't listen to management when they're coming to you. They probably have an ulterior motive, right? Yeah. I mean, there's that word again. What's that word that management does again? I keep – what is that again? Man, you know what? We've been talking about it a lot lately, but I think it's – I think it's lying. I think that's what – I think that's what we've decided on it. There it is. There it is. Yep, you got it. That's the word. Yeah. Because that's what they do. That's what they do. And, you know, we just have to be prepared for everything they do. You know, they're a known entity. Again, I'll always say that. They are. You know they're going to try to do something. And, you know, we have to combat that. We combat it with the contract. Yep. Okay? And that's having the knowledge of the contract. Being able to enforce it. You know, being empowered to enforce it. You know, help others. And, you know, again, that's why we do this. But – all right. Well, we just wanted to talk about those things today. And, you know, we'll see how this week goes with peak. I have a feeling it's going to be a little bit heavier this week. Yeah, well, it'll always get a little heavier when we get closer to Christmas. I just hope people don't wait until the last minute and try to order everything. Exactly. And they will. Yeah. They will. Yep. But, you know, it's – I mean, it's what keeps us in business, right? Yeah. It's just a matter of not letting the company do whatever they want to us while, you know, with the business. So, you know, contract, contract, contract. Yep. All right, Garfield. Listen, you have yourself a good week. Yeah, you too. All right. Take it easy. Have a good night. We all deal with national language. But on this podcast, when it comes to supplemental language, we deal mostly with the southern region. And as always, it's best to get advice from your local stewards or business agents. If you would like to reach out to us with any questions, we have an email address, 767realitycheck at gmail.com. That's 767realitycheck at gmail.com. And remember, strong people stand up for themselves, but the strongest people stand up for others.