NATIONAL MASTER
UNITED PARCEL SERVICE
AGREEMENT
For The Period
August 1, 2023
through July 31, 2028
NATIONAL MASTER
UNITED PARCEL SERVICE
AGREEMENT
For The Period August 1, 2023
through July 31, 2028
49261_Ltrhd.indd 149261_Ltrhd.indd 1 6/11/08 12:44:09 AM6/11/08 12:44:09 AM
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Air Operation ...............................................................................162
Preamble.................................................................................162
Air Drivers .............................................................................162
Air Walkers ............................................................................169
Air Hub and Gateway Operations ..........................................170
Start Times for Air Shuttle and Air Feed Drivers ..................174
Grievance Procedure ..............................................................174
Wages .....................................................................................177
Change of Operations ..................................................................154
Compensation Claims ....................................................................38
Temporary Alternate Work .......................................................39
Permanently Disabled Employees ...........................................41
Competition....................................................................................84
Cost-of-Living (COLA) .................................................................98
Duration .......................................................................................198
Emergency Reopening ...................................................................92
Employee’s Bail, License, Substance and Alcohol Testing .........114
Employee’s Bail And/Or Court Appearance ................................114
Suspension or Revocation of License ....................................115
Controlled Substances Testing ...............................................115
Employees Who Must Be Tested ...........................................116
Testing .................................................................................... 116
Screening Test ........................................................................117
ConrmatoryTest...................................................................117
Laboratory Testing .................................................................119
Types of Testing Required .....................................................119
Pre-QualicationTesting .......................................................119
Reasonable Cause Testing ...................................................... 119
Post-Accident Drug Testing ...................................................120
Random Testing .....................................................................121
Notication.............................................................................122
Rehabilitation and Testing After Return to Duty/SAP
And Employer Duties ........................................................123
Substance Abuse Professional (SAP) .....................................124
Employer Responsibilities .....................................................125
Disciplinary Action ................................................................125
Preparation for Testing ...........................................................127
INDEX
Title Page
- ii -
Specimen Collection Procedures ...........................................127
Specimen Shipping Preparations ...........................................131
MedicalReviewOfcer .........................................................131
MRO Determination ..............................................................133
Record Retention....................................................................133
Release of Drug Testing Information .....................................133
Paid For Time .........................................................................134
Alcohol Testing ......................................................................135
Employees Who Must Be Tested ...........................................135
Testing ....................................................................................135
Screening Test ........................................................................136
ConrmatoryTest...................................................................136
Types of Testing Required .....................................................136
Reasonable Cause Testing ...................................................... 137
Post-Accident Alcohol Testing ............................................... 137
Random Testing-Random Employee Selection .....................139
Notication.............................................................................140
Rehabilitation and Testing after Return to Duty ....................140
Discipline ...............................................................................141
Preparation for Testing ...........................................................143
Specimen Testing Procedures ................................................144
Substance Abuse Professional (SAP) .....................................145
Record Retention....................................................................146
Release of Alcohol Testing Information ................................147
Paid for Time ..........................................................................147
ExaminationandIdenticationFees ..............................................76
Required Examination..............................................................76
Return to Work Examination ...................................................76
Third Doctor Procedure ...........................................................76
DisqualiedDriver-AlternativeWork ...................................... 77
Identication ............................................................................77
Extra Contract Agreements ............................................................16
Full-time Employees ....................................................................177
Full-time Wage Increases .......................................................177
Full-time Wage Progression ...................................................178
Full-time Inside Wages ..........................................................179
Full-time Inside and Combination Employees ..............................78
Funeral Leave .................................................................................95
Title Page
- iii -
Garnishments .................................................................................97
Health & Welfare and Pension .....................................................100
Hourly Training .............................................................................. 19
Inspection Privileges ......................................................................83
Jurisdictional Disputes ...................................................................96
Jury Duty ........................................................................................93
Leave of Absence ...........................................................................45
Loss of License ........................................................................46
Leave of Absence .....................................................................46
Alternate Work (Other than Alcohol/Controlled Substance) .....47
Alternate Work (Alcohol/Controlled Substance) ......................47
CDLQualication ....................................................................48
Maternity and Paternity Leave .................................................48
Rehabilitation Program-Leave of Absence ..............................49
Family and Medical Leave Act (FMLA) .................................51
Local and Area Grievance Machinery ...........................................22
Loss and Damage ...........................................................................31
Management-Employee Relations ...............................................148
Memorandum of Understanding ..................................................201
Military Clause ...............................................................................42
National Grievance Procedure .......................................................23
Work Stoppages .......................................................................24
New Equipment .............................................................................17
Nondiscrimination ........................................................................148
Over 70 Pound Service Package Handling ..................................195
On Area Package Handling ....................................................196
PackageIdentication ............................................................197
Inside Package Handling Procedures .....................................197
Paid For Time .................................................................................52
Part-time Employees ......................................................................78
Wages .......................................................................................80
Part-time Employee Transfer ...................................................82
BenetEntitlements .................................................................83
Part-time UPS Cartage Services (CSI) Employees ..................83
Parties to the Agreement ..................................................................1
Operations Covered....................................................................1
Employees Covered ...................................................................2
Transfer of Company Title or Interest ........................................ 2
Title Page
- iv -
Passengers ......................................................................................37
Polygraph/Timeclocks ...................................................................36
Posting............................................................................................75
Premium Services ........................................................................181
Job Protection .........................................................................181
Sleeper Team Operations .......................................................182
Mileage Rates .........................................................................187
Joint Premium Service Review Committee ...........................187
Protection of Rights .......................................................................30
Picket Line ...............................................................................30
Struck Goods ............................................................................30
Grievances ................................................................................31
Recognition, Union Shop and Checkoff ..........................................5
Recognition ................................................................................5
Union Shop and Dues ................................................................6
Dues Checkoff and Joint Dues Committee ................................7
Work Assignments ...................................................................10
Supervisors Working ................................................................10
Safety and Health Equipment, Accidents and Reports ..................55
Preamble...................................................................................55
Employee’s Rights-Equipment, Vehicles and Conditions ........56
Out of Service Equipment and Vehicle Reports .......................57
Accidents and Reports .............................................................58
Seats .........................................................................................60
Sun Visors ................................................................................60
Building Heat ...........................................................................60
Indoor Air Pollution .................................................................61
TrailerConguration ................................................................ 61
Radios ......................................................................................61
Distracted Drivers ....................................................................62
Tires..........................................................................................62
Shocks ......................................................................................62
Mirrors .....................................................................................63
Dollies ......................................................................................63
Exhaust Systems ......................................................................63
Package Cars ............................................................................63
Driver Safety and Security .......................................................65
Heaters and Defrosters .............................................................66
Title Page
- v -
Noise Abatement ......................................................................66
Vehicle Integrity .......................................................................66
Vehicle and Personal Safety and Equipment............................66
QualicationonEquipment .....................................................67
Clerical Areas ...........................................................................67
National IBT/UPS Safety and Health Committee....................67
National IBT/UPS Safety and Health Committee-Safety
Health and Equipment Issues ..............................................67
National IBT/UPS Safety and Health Grievance Committee ....68
Climatic Conditions Committee...............................................68
Safety and Health Committees .................................................69
Hazardous Materials Handling Program ..................................71
Incompatible Package Handling ..............................................73
Union Liability .........................................................................73
Egress .......................................................................................73
Building Security .....................................................................73
Recording Devices ...................................................................74
Sanitary Conditions ........................................................................15
Scope of the Agreement ...................................................................4
Single Bargaining Unit ...............................................................4
Riders .........................................................................................4
Separability and Savings ................................................................84
Separation of Employment ............................................................83
Stewards .........................................................................................12
Subcontracting ...............................................................................98
Surepost..........................................................................................90
Sympathetic Action ........................................................................93
Tax Deferred Savings Plan 401(k) .................................................96
Technological Change .................................................................... 17
Trailer Repair Shop ......................................................................157
Recognition ............................................................................157
EmployeeClassications .......................................................158
WageRatesByClassication ................................................158
Health and Welfare .................................................................159
Pension ...................................................................................159
Seniority .................................................................................159
General ...................................................................................160
Movement of Equipment .......................................................160
Title Page
- vi -
Amendments ..........................................................................160
Paint and Body Facilities .......................................................161
Training Program ...................................................................161
Trailer Conditioners, Inc. .............................................................161
Uniforms ......................................................................................181
Union Activity ................................................................................78
Workweek Reduction .....................................................................16
9.5 Procedures ..............................................................................151
Title Page
NATIONAL MASTER
UNITED PARCEL SERVICE AGREEMENT
For the Period:
August 1, 2023 through July 31, 2028
covering:
operations in, between and over all of the states, territories, and
possessions of the United States and operations into and out of all
contiguous territory. The UNITED PARCEL SERVICE, INC., an
Ohio Corporation, and a New York Corporation, in their Common
Carrier Operations hereinafter referred to as the “Employer,” and
the TEAMSTERS UNITED PARCEL SERVICE NATIONAL NE-
GOTIATING COMMITTEErepresenting LocalUnions afliated
with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
andLocalUnionNo.___whichLocalUnionisafliatedwiththe
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, agree
to be bound by the terms and conditions of this Agreement. United
Parcel Service Cartage Services, Inc. (“CSI”) and UPS Latin Amer-
ica,Inc.isalsoapartytothisAgreementasspeciedintheFreight
Pickup & Delivery Supplemental Agreement (“P&D Supplement”)
and Challenge Air Cargo Supplement, respectively.
ARTICLE 1. PARTIES TO THE AGREEMENT
The Employer and the Union adopt this Article and enter into this
Agreement with a mutual intent of preserving and protecting work
and job opportunities for the employees covered by this Agree-
ment. No bargaining unit work will be subcontracted, transferred,
leased, assigned or conveyed except as provided in this Agreement.
Section 1. Operations Covered
The execution of this Agreement on the part of the Employer shall
cover all employees of the Employer in the bargaining unit at any
existing centers, new centers, new trailer repair shops, new air hubs
and gateway operations, new buildings, and any other new opera-
- 1 -
- 2 -
Article 1
tions of the Employer within the jurisdiction of the Local Union
signatory to this Agreement as determined or may be determined by
the International Brotherhood of Teamsters, with regard to wages,
hours and other conditions of employment.
Section 2. Employees Covered
Employees covered by this Agreement shall be construed to mean,
where already recognized, feeder drivers, package drivers, sorters,
loaders,unloaders,porters,ofceclerical,clerks,customercounter
clerks, mechanics, maintenance personnel (building maintenance),
car washers, United Parcel Service employees in the Employer’s air
operation, and to the extent allowed by law, employees in the ex-
port and import operations performing load and unload duties, and
other employees of the Employer for whom a signatory Local
Union is or may become the bargaining representative. Employees
of CSI and UPS Latin America, Inc. are also covered by this Agree-
mentas speciedintheP&DSupplementandthe ChallengeAir
Cargo Supplement, respectively.
In addition, effective August 1, 1987, the Employer recognized as
bargaining unit members clerks who are assigned to package center
operations, hub center operations, and/or air hub operations whose
assignment involves the handling and progressing of merchandise,
after it has been tendered to United Parcel Service to effectuate
delivery. These jobs cover: package return clerks, bad address
clerks, post card room clerks, damage clerks, rewrap clerks, and
hub and air hub return clerks. This Agreement also governs the
classicationscoveredinArticle39—TrailerRepairShop.Effec-
tive no later than February 1, 2003 the Employer recognizes as bar-
gaining unit members FDC/ODC clerks, international auditors,
“smart label” clerks and revenue auditors who work in the opera-
tions facilities.
Section 3. Transfer of Company Title or Interest
This Agreement shall be binding upon the parties hereto, their suc-
cessors, administrators, executors and assigns. In the event an en-
tire operation, or portion thereof, or rights only, are sold, leased,
transferred or taken over by sale, transfer, lease, assignment, re-
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Article 1
ceivership or bankruptcy proceedings, such operation or use of
such rights shall continue to be subject to the terms and conditions
of this Agreement, for the life thereof.
On the sale, transfer or lease of an individual run or runs, or rights
only, thespecicprovisionsofthisAgreementshallprevail.Itis
understood by this Section that the parties hereto shall not sell,
lease or transfer such run or runs or rights to a third (3rd) party to
evade this Agreement.
In the event the Employer fails to require the purchaser, the transferee,
or lessee to agree to assume the obligations of this Agreement, the
Employer (including partners thereof) shall be liable to the Local
Union and to employees covered for all damages (including but not
limited to monetary damages) sustained as a result of such failure to
require assumption of the terms of this Agreement until its expiration
date, but shall not be liable after the purchaser, the transferee or lessee
has agreed to assume the obligations of this Agreement. The Employ-
er shall give notice of the existence of this Agreement to any purchas-
er, transferee, lessee, assignee, etc., of the operation covered by this
Agreement or any part thereof, including rights only. Such notice shall
be in writing with a copy to the Local Union, at the time the seller,
transferor, or lessor executes a contract or transaction as herein de-
scribed. The Teamsters United Parcel Service National Negotiating
Committee and Local Unions involved shall also be advised of the
exactnatureofthetransaction,notincludingnancialdetails.
Section 4.
The Employer agrees that it will be a violation of this Section if it,
anyafliate,oranyotherentityunderitscontrolentersintoabusi-
ness so as to duplicate the Employer’s common carrier operations
as dened inArticle1inany area.Afliate for purposes of this
Section means any entity which is owned, managed or controlled
by the Employer or its parent. This Section will also cover an entity
if the Employer or its parent maintains the ultimate right to control
or approve a decision by such entity.
TheEmployerwillbenanciallyresponsibleforalllossesresulting
from a violation of this Section.
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Article 2
ARTICLE 2. SCOPE OF THE AGREEMENT
Section 1. Single Bargaining Unit
All employees covered by this Master Agreement and the various
Supplements, Riders and Addenda thereto, shall constitute one (1)
bargaining unit. The printing of this Master Agreement and the
aforesaid Supplements, Riders and/or Addenda in separate agree-
ments is for convenience only and is not intended to create separate
bargaining units.
To the extent provided by law, this Agreement shall be applied to all
subsequent additions to, and extensions of, current common carrier
operations of the Employer and newly established operations of the
Employer which are utilized as a part of such current operations of
the Employer, without additional evidence of Union representation
of the employees involved (provided that newly acquired opera-
tions of the Employer, which are not utilized as a part of such cur-
rent common carrier operation of the Employer, shall not be
deemed additions to, or extensions of, operations of the Employer).
If the Employer purchases a related common carrier business, the
Employer, to the extent allowed by law, recognizes the Teamsters
UPS National Negotiating Committee as the bargaining representa-
tive and will meet to determine which applicable Supplement cov-
ers those employees, and negotiate a new Addendum covering eco-
nomic terms if current Supplements do not cover the new job
classications,or,ifacurrentcollectivebargainingagreementisin
place for the acquired employees, then that agreement shall contin-
ue by its terms until expiration.
Section 2. Riders
Present Supplements, Riders and Addenda shall remain in effect.
Any new Supplement, Rider or Addendum, or changes to Supple-
ments,RidersorAddendaorinthecontractafliationofanyLocal
Union covered by this Agreement must be submitted to the Joint
National Negotiating Committee for review and approval. Failure
to be approved by the Committee shall render said Supplement,
Rider or Addendum null and void.
- 5 -
Article 2
Any lesser conditions contained in any Supplement, Rider or Ad-
dendum shall be superseded by the conditions contained in this
MasterAgreement.However,exceptwherespecicallystatedoth-
erwise in the Master Agreement, nothing in this Master Agreement
shall deprive any employee of any superior benet contained in
their Supplement, Rider or Addendum.
ARTICLE 3. RECOGNITION, UNION SHOP
AND CHECKOFF
Section 1. Recognition
(a) The Employer recognizes and acknowledges that the National
UnionCommitteeandLocalUnionsafliatedwiththeInternation-
al Brotherhood of Teamsters are the exclusive representatives of all
employeesoftheEmployerincoveredclassications.Theemploy-
ees and Unions covered under this Master Agreement and the vari-
ous 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 suit-
able applicants, but the Employer shall not be required to hire those
referred by the Union.
If employees are hired through an employment agency, the Em-
ployer 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-rst(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benetsofUnionmember-
ship. 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
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Article 3
meeting. The sole purpose of the business agent’s or steward’s at-
tendance 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 for that purpose if the orientation is held during their
normal working hours at their normal place of work.
Section 2. Union Shop and Dues
(a) All present employees who are members of the Local Union on
the effective date of this Subsection or on the date of execution of
this Agreement, whichever is the later, shall remain members of
the Local Union in good standing as a condition of employment. In
order to assist the Local Unions in maintaining current and accu-
rate membership records, the Employer will furnish the appropri-
ate Local Union a list of new employees. The Employer agrees to
notify the Local Union when a new employee attains seniority.
This noticationwillbe made in conjunction withthenew em-
ployee listing. The list will include the name, address, social secu-
rity number, date of hire, hub or center to which assigned, shift,
andclassicationorpositionhiredinto.TheEmployershallalso
notify the Local Union when the employee is promoted from part-
time to full-time. The list will be provided on a monthly basis. All
present employees who are not members of the Local Union and
all employees who are hired hereafter, shall become and remain
members in good standing of the Local Union as a condition of
employmentonandafterthethirty-rst(31st)dayfollowingthe
beginning of their employment, or on and after the thirty-rst
(31st) day following the effective date of this subsection, or the
date of this Agreement, whichever is the later. An employee who
has failed to acquire, or thereafter maintain, membership in the
Union, as herein provided, shall be terminated seventy-two (72)
hours after the Employer has received written notice from an au-
thorized representative of the Local Union, certifying that mem-
bership has been, and is continuing to be offered to such employ-
ees on the same basis as all other members, and further that the
employee has had notice and opportunity to make all dues or initi-
ation fee payments. This provision shall be made and become ef-
fective as of such time as it may be made and become effective
under the provision of the National Labor Relations Act, but not
retroactively.
- 7 -
Article 3
(b) No provision of Section 2(a) of this Article shall apply to the
extent that it may be prohibited by state law. In those states where
subsection (a) above may not be validly applied, the Employer
agrees to recommend to all new employees that they become mem-
bers of the Union and maintain such membership during the life of
this Agreement.
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 Com-
mittee 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efcient,accurate,andex-
peditious deduction and payment of dues, including exploring elec-
tronic solutions. The Union and the Employer will establish proce-
dures for the operation of this Committee.
No existing bargaining unit employee currently performing work in
the payroll department will be laid off or suffer a loss of their cur-
rent 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 uni-
form 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.NoticationofdeductionstobemadebytheEmployer
forthebenetoftheLocalUnionmustbereceivedatleastone(1)
month prior to the date the deduction is to be made. The obliga-
tion of the Local Union to provide this information shall be satis-
edbythetransmissionofacomputerleinmutuallyagreeable
format. The Employer shall deduct the weekly dues from each
vacation week. This will be implemented within six (6) months of
raticationofthisAgreement.
- 8 -
Article 3
The Employer shall make no deductions that are not listed on the
Local Union’s monthly or weekly checkoff statement in those loca-
tions 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 em-
ployee(s)onthesecond(2nd)scheduledworkdayfollowingnoti-
cation to the Employer. The Local Union(s) shall return any over-
payment(s) to the Employer within one (1) week following written
noticationfromtheEmployer.
The Employer will provide a remittance to the Local Union within
fteen(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classication.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 re-
mittance, the Employer will provide a monthly remittance by the
fteenth(15th)dayofthefollowingmonth.However,ifthisoption
is chosen, the Employer will still make weekly deductions as de-
scribed 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ratication
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 Com-
pany’s application and orientation processes. The Joint Dues Com-
mittee will also meet to adopt an acceptable digital platform and
methods for the collection, storage, and distribution of the electron-
ic 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.
- 9 -
Article 3
Any Local Union shall have the option of monthly deductions with
monthlyremittanceonorbeforethefteenth(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 their pay-
check on a weekly basis for all weeks worked. The phrase “weeks
worked” excludes any week other than a week in which the em-
ployee earned a wage. The Employer shall transmit to DRIVE Na-
tional 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 In-
ternational 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specicamountseachweek
from the wages of those employees who shall have given the Employ-
er 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 Em-
ployer subsequently is in violation thereof after receipt of seven-
ty-two(72)hours’writtennoticeofspecicdelinquencies,theLocal
Union may strike to enforce this Article. However, such strike shall
be terminated upon the delivery thereof. Errors or inadvertent omis-
sions relating to individual employees shall not constitute a violation.
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Article 3
Section 4. Work Assignments
The Employer agrees to respect the jurisdictional rules of the Union
and, except as otherwise provided in this Master Agreement, Sup-
plements, Riders, or Addenda, shall not direct or require their em-
ployees or persons, other than the employees in the bargaining units
here involved, to perform work which is recognized as the work of
theemployeesinsaidunits.Thisisnottointerferewithbonade
agreementswithbonadeunions.TheEmployerfurtheragreesnot
to combine into a single job work presently performed by members
of one Teamster Local Union with work presently performed by
members of another Teamster Local Union.
Section 5.
The term “Local Union” as used herein refers to the IBT Local
Union which represents the employees of the Employer at the par-
ticular place or places of business to which this Agreement, and the
Supplements, Riders or Addenda thereto are applicable, unless by
agreement of the Local Unions involved or by directive issued pur-
suant to the IBT International Constitution.
Section 6.
Employees shall have the option of participating in the Employer’s
electronic funds transfer (EFT), the Employer’s check card payment
system,orapaperpayrollchecksystem.Newemployees,denedas
employees who are not on the payroll on the date of ratication,
shall designate either EFT or a check card, unless prohibited by ap-
plicable state law. New employees shall make this election during
orientation. Recognizing the mutual benets and advantages of
these systems over a paper payroll check, the Union agrees to en-
courage all employees to select either EFT or a check card as a
method of payment. No bargaining unit employee currently per-
forming 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.
Section 7. Supervisors Working
(a) The Employer agrees that the function of supervisors is the super-
vision of Employees and not the performance of the work of the em-
- 11 -
Article 3
ployees they supervise. Accordingly, the Employer agrees that super-
visors or other employees of the Employer who are not members of
the bargaining unit shall not perform any bargaining unit work, ex-
cept to train employees or demonstrate safety, or as otherwise provid-
ed in the applicable Supplement, Rider or Addendum. However, in
the case of Acts of God, supervisors shall comply with the proce-
dures in subsections (b) and (c) and may only perform bargaining
unit work until bargaining unit employees are available. The Em-
ployer shall make every reasonable effort to maintain a sufcient
workforce to staff its operations with bargaining unit employees. The
Employer also agrees that supervisors or other employees of the Em-
ployer 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 Em-
ployer 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 Em-
ployer’s operations on any shift or within any classication, the
supervisorshallexhaustallestablishedlocalpracticestorst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’ re-
sponsibility 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 rst working day of each
month. It will be the employee’s responsibility to make sure 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 cov-
erage work is available, the Company will use the appropriate list
tolltherequiredpositions,andsuchemployeeswillworkasas-
signed.Theemployeemustbequaliedfortheavailableworkand
- 12 -
Article 3
double shift employees shall have seniority among themselves. No
employee is allowed to work more than two (2) shifts in any twen-
ty-four(24)hourperiod.Localcallvericationpracticesandpro-
cedures 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 ag-
grieved employee will be paid as follows: (i) if the actual hours
worked by the supervisor amounts to two (2) hours or less, the ag-
grieved 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 employ-
ee’s rate of pay at the time of the incident, whichever is greater. If
noaggrievedemployeecanbeidentied,thepaymentwillbemade
to the grievant. Such remedy shall be in addition to any other rem-
edies 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 follow-
ing 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 viola-
tionoftherstparagraphofthisSubsectionthree(3)timesinany
nine (9) month rolling period, the grievance shall be paid at quadru-
pletimetheemployee’srateofpayforthehoursspeciedinthe
rstparagraphofthissubsection.
ARTICLE 4. STEWARDS
The Employer recognizes the right of the Local Union to designate
Job Stewards and alternates from the Employer’s seniority list. The
- 13 -
Article 4
authority of Job Stewards and alternates so designated by the Local
Union shall be limited to, and shall not exceed, the following duties
and activities:
(a) The investigation and presentation of grievances with the Em-
ployer or the designated company representative in accordance
with the provisions of the collective bargaining agreement:
(b) The collection of dues when authorized by appropriate Local
Union action; and
(c) The transmission of such messages and information, which shall
originatewith,andareauthorizedbytheLocalUnionoritsof-
cers, provided such messages and information:
(1) have been reduced to writing; or
(2) if not reduced to writing, are of a routine nature and do not in-
volve work stoppages, slowdowns, refusal to handle goods, or any
other interference with the Employer’s business.
Job Stewards and alternates have no authority to take strike action
or any other action interrupting the Employer’s business, except as
authorizedbyofcialactionoftheLocalUnion.TheEmployerrec-
ognizes these limitations upon the authorized Job Stewards and
their alternates, and shall not hold the Union liable for any unautho-
rized acts. The Employer in so recognizing such limitations shall
have the authority to impose proper, nondiscriminatory discipline,
including discharge. However, in the event the Job Steward or the
designated alternate has led, or instigated or encouraged unautho-
rized strike action, slowdown or work stoppages in violation of this
Agreement they may be singled out for more serious discipline, up
to and including discharge. Stewards and/or alternate stewards
shall not be subject to discipline for performing any of the duties
withinthescopeoftheirauthorityasdenedinthisSection,inthe
manner permitted by this Section.
Recognizing the importance of the role of the Union Steward in
resolving problems or disputes between the Employer and its em-
- 14 -
Article 4
ployees,theEmployerreafrmsits commitmenttotheactivein-
volvement of union stewards in such processes in accordance with
the terms of this Article.
The Job Steward or the designated alternate shall be permitted rea-
sonable time to investigate, present and process grievances on the
Company’s property without interruption of the Employer’s opera-
tion.Uponnotication totheirsupervisor,a stewardshallbe af-
forded the right to leave their work area for a reasonable period of
time to investigate, present and process grievances and to represent
a fellow employee concerning grievances or discipline so long as
such activity does not interrupt the Employer’s operations. This
shall include the steward’s right to represent an employee in con-
nection with any grievance concerning safety issues. The Employer
will make a reasonable effort to ensure that its operations are not
interrupted by the steward’s engaging in such activity. The Employ-
er shall not use interruption of its operation as a subterfuge for de-
nying such right to the steward.
Where mutually agreed to by the Local Union and Employer, stew-
ards may investigate off the property or other than during their reg-
ular schedule, without loss of time or pay. Stewards will be paid for
time spent in meetings under this Article which occur during the
steward’s regular working hours. Stewards shall also be paid for
time spent in meetings which occur outside their working hours, or
on days off, by mutual consent. Such time spent during the Job
Steward’s or the designated alternate’s regular working hours shall
be considered working hours in computing daily and/or weekly
overtime if within the regular schedule of the Job Steward or the
designated alternate.
The Employer recognizes the employee’s right to be given request-
ed representation by a Steward, or the designated alternate, at such
time as the employee reasonably contemplates disciplinary action.
The Employer also recognizes the steward’s right to be given re-
quested representation by another Steward, or the designated alter-
nate, at such time as the Steward reasonably contemplates disci-
plinary action. When requested by the Union or the employee, there
shall be a steward present whenever the Employer meets with an
- 15 -
Article 4
employee concerning grievances or discipline or investigatory in-
terviews. In such cases, the meeting shall not be continued until the
steward or alternate steward is present.
If an employee does not wish to have a Union Steward in any meet-
ing where the employee has a right to Union representation under this
Article, the employee shall sign a waiver of Union representation, a
copy of which shall be furnished to the Union upon its request.
If requested by the Local Union, the designated Stewards will be
provided with copies of all warning, suspension and discharge let-
ters. If a supplement has no provision allowing a Local Union to
request documents/information with regard to pending grievances,
the following shall be incorporated into the Supplement: “The Em-
ployer shall, upon written request, provide the Local Union or the
steward designated by the Local Union, with documents/informa-
tion that is reasonably related (based on NLRA standards) to the
pending grievance.”
Job Stewards, or designated alternates, shall be allowed to wear an
identifying steward’s badge, provided by the Union, at all times
while on the Employer’s premises.
ARTICLE 5. SANITARY CONDITIONS
The Employer agrees to maintain a clean, sanitary washroom hav-
ing hot and cold running water with toilet facilities in all present
and future buildings. The Employer further agrees to provide sepa-
rate toilet and changing facilities for male and female employees in
allpresentandfutureUPSbuildingswhichhavemorethanfteen
(15) drivers.
The Employer shall implement procedures designed to ensure pri-
vacy for all employees when using facilities in UPS buildings with
fteen(15)orfewerdrivers.
Such toilet facilities will be equipped with proper ventilation devic-
es and shall be heated as climatic conditions shall warrant.
- 16 -
Article 5
The Employer agrees to provide lockers for those employees who
are required to change into a uniform or take a lunch period. All
other employees will be provided a suitable area for keeping per-
sonal items and clothes. Assigned lockers will not be opened by the
Employer unless either the employee or a Union representative is
present.
Where the Employer and the Union agree that the local water is not
suitable for drinking, the Employer will provide bottled drinking
water.
ARTICLE 6.
Section 1. Extra Contract Agreements
Except as may be otherwise provided in this Agreement, the Em-
ployer agrees not to enter into, or attempt to enter into, any agree-
ment or contract with its employees, either individually or collec-
tively, or to require or attempt to require employees to sign any
document, either individually or collectively, which in any way
conictswiththeprovisionsofthisAgreement.AnysuchAgree-
ment or document shall be null and void. Any such agreement or
documentmaynotbeplacedinanemployee’sleorusedbythe
Employer as a basis for discipline or used in connection with any
disciplinary proceeding, nor may any such agreement or document
nor the contents thereof be divulged to any person or entity.
In addition, the Company will not discipline an employee for refus-
ing to sign any Company form related to the principle of a fair day’s
work unless the signing is required by law or by this Agreement.
Section 2. Workweek Reduction
If either the Fair Labor Standards Act or the Hours of Service Reg-
ulations are subsequently amended so as to result in substantial
penalties to either the employees or the Employer, a written notice
shall be sent by either party requesting negotiations to amend those
provisions which are affected. Thereafter the parties shall enter into
immediate negotiations for the purpose of arriving at a mutually
satisfactory solution. In the event the parties cannot agree on a solu-
- 17 -
Article 6
tion within sixty (60) days, or mutually agreed extensions thereof
after receipt of the stated written notice, either party shall be al-
lowed economic recourse.
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ratication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ofceandclericalequipment.In
the event an agreement cannot be reached within sixty (60) days
after the date such equipment is put into use, the matter shall be
submittedtotheNationalGrievanceCommitteefornaldisposi-
tion. 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denedasanymeaningfulchange
in equipment or materials which results in a meaningful change in
thework,wages,hours,orworkingconditionsofanyclassication
of employees in the bargaining unit or diminishes the number of
workersinanyclassicationofemployeesinthebargainingunit.
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 Team-
ster/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 proposed technological changes cov-
ered by this Section. As part of this meeting, the Committee shall
- 18 -
Article 6
discuss whether the planned technological change violates any pro-
vision of this Agreement. Further, the Employer will review any
training required for bargaining unit employees to perform new or
modiedwork generatedasa resultof the newtechnology orto
utilize the new technology, as necessary.
3. The Employer shall simultaneously advise the affected Local
Unions and the National Teamster/UPS Committee for Technolog-
ical Change of any proposed technological changes when the
changehasenteredtheeld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 pro-
vide as much notice as possible. In all cases, the Company will
provide notice of any technological change covered by this Sec-
tion 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specicdetailsand
information then available and then meet jointly with them to in-
form them of the proposed changes and to resolve questions raised
in connection with the effects of the proposed change. The infor-
mationwillbe providedatleastforty-ve(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-ve(45)dayspriortothe
implementation of the proposed change. The change may not be
implementeduntiltheforty-ve(45)days’noticeisprovidedand
the meeting is completed unless the change is dictated by emer-
gency conditions. The Union shall not unreasonably delay the
scheduling or completion of the requested meeting. Any unre-
solved issues which have been reduced to writing, will be resolved
pursuant to Article 8.
4. If a technological change creates new work that replaces, en-
hancesormodiesbargainingunitwork,bargainingunitemploy-
eeswillperform thatnewor modiedwork.TheEmployershall
- 19 -
Article 6
provide bargaining unit employees with training required to utilize
the new technology, if necessary.
5. This Section shall supersede any Supplemental, Rider or Adden-
dum 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fulllitstrain-
ing needs.
2. Trainers shall be paid a one dollar ($1.00) per hour training pre-
mium 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 sub-
ject 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
qualicationsfortrainers,ifany,thenumberofhourstobeworked
by the trainer, and the application of Supplemental language con-
cerningcompensationforworkperformedinhigherclassications.
Disputes shall be resolved in accordance with paragraph 4.
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qualications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
- 20 -
Article 6
the parties. If the Employer wishes to amend these forms, it will
rst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qualiedlistbytheEmployer,
that employee and the Local Union shall have access to the griev-
ance 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 discipline
an employee or recommend disciplinary action.
11. Teamster represented trainers will not be required to make deci-
sions 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classication,
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 employee shall be disciplined based solely upon information
received from GPS, telematics, or any successor system that simi-
larly tracks or surveils an employee’s movements unless they en-
gageindishonesty(denedforthepurposesofthisparagraphas
any intentional act or omission by an employee where they intend
to defraud the Company). A driver’s failure to accurately recall
- 21 -
Article 6
whatisreectedbythetechnologyshallnotbyitselfbeconsid-
ereddishonesty.TheCompanymustconrm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 employee shall be issued a warning notice based solely upon the
above-mentionedsystemswithoutrsthavingaverbalcounseling
session on an identical infraction (e.g. two seat belt violations).
Any such discipline shall also comply with applicable Supplemen-
tal disciplinary procedures and requirements.
Vehicles may not be equipped with inward-facing cameras. For-
ward-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 dis-
abled and rendered inoperable to prevent recording and monitor-
ing 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 op-
portunities related to the same during Integrad or the thirty (30)
day driver qualication/probationary period. Driver-facing sen-
sors will not be used for any purpose during any phase of a disci-
plinary 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.
- 22 -
Article 7
ARTICLE 7. LOCAL AND AREA
GRIEVANCE MACHINERY
Except in cases involving cardinal infractions under the applicable
Supplement, Rider or Addendum, an employee to be discharged or
suspended shall be allowed to remain on the job, without loss of pay
unless and until the discharge or suspension is sustained under the
grievance procedure. Notwithstanding the foregoing, any superior pro-
visions in Supplements, Riders or Addenda shall prevail. The Union
agrees it will not unreasonably delay the processing of such cases.
If the Employer and the Union cannot agree locally on whether an
arbitration case involving any suspension or discharge should be
postponed, the issue shall be submitted for resolution to the Em-
ployer’s Vice-President of Labor Relations and the Parcel and
Small Package Division Director, or their designees.
Provisions relating to local, state and area grievance machinery are set
forth in the applicable Supplements, Riders or Addenda to this Agree-
ment. Supplements shall provide for regular, scheduled meetings each
quarter for the arbitration of points of order arising from discharge and
suspension grievances, except those involving timeliness or discipline
pursuant to Articles 16, 18 or 35 of this Agreement. These meetings
may be cancelled by written mutual agreement. The procedures set
forth in the local, state and area grievance procedure may be invoked
only by the authorized Union representative or Employer.
All monetary grievance settlements shall be submitted by separate
check payable to the grievant or grievant(s) and a copy of the same sent
to the Local Union for their records. Such settlements shall be paid
within ten (10) working days of the settlement. In addition, any mone-
tary awards based on panel decisions will be made within ten (10)
business days of receipt by the Company of the written panel decision.
AuthorizedrepresentativesoftheUnionmaylegrievancesalleg-
ing violation of this Agreement, under local grievance procedure,
or as provided herein. Time limitations regarding the processing of
grievances, if not set forth in the respective Supplemental Agree-
ments, Riders or Addenda, must appear in the Rules of Procedures
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Article 7
of the various grievance committees and shall apply equally to the
Employer, the Union and the employees.
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rstlevelgrievancepanelinvolv-
ing only National Master language shall be submitted directly to the
National Master Panel for decisions, unless mutually agreed other-
wise by the Panel Co-Chairs. Those deadlocked cases which cannot
be decided by a lower panel because of disagreement over the inter-
pretation of National Master language may be submitted to the Mas-
ter Panel for interpretation. Requests for interpretations with no
factual case to be decided will be heard by the Master Panel by mu-
tual 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 subcommit-
teesforinvestigationandreportwiththenal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naland
binding upon all parties.
When a case is docketed with the National Grievance Panel, a
docketingfee willbeappliedasspecied intheNationalMaster
UPS Agreement Rules of Procedure.
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Article 8
Section 2. Work Stoppages
All grievances and/or questions of interpretation arising under the
provisions of this National Master Agreement shall be submitted to
the grievance procedure for determination.
Accordingly, no work stoppage, slowdown, walkout or lockout
over such grievances and/or questions of interpretation shall be
deemed to be permitted or authorized by this Agreement except:
(a) failure to comply with a duly adopted majority decision of the
National Grievance Committee;
(b) failure to make health & welfare and pension contributions in
the manner required by the applicable Supplemental Agreements,
Riders and/or Addenda; and,
(c) nonpayment of established wage rates provided for in this
Agreement, Supplements, Riders and/or Addenda.
Except as provided in subsections (b) and (c) of this Section,
strikes, work stoppages, slowdowns, walkouts or lockouts over
disputes, which do not arise under provisions of this National Mas-
ter Agreement, shall be permitted or prohibited as provided in the
applicable Supplement, Rider and/or Addendum. The Local Union
shall give the Employer a seventy-two (72) hour prior written no-
tice of the Local Union’s authorization of strike action, which no-
tice shall specify the majority National Grievance Committee de-
cision or deadlocked National Grievance Committee decision
providing the basis for such authorization. The Local Union shall
comply with the provisions of the applicable Supplemental Agree-
ment, Rider and Addendum relating to strike action resulting from
delinquencies in the payment of health and welfare or pension
contributions.
Section 3.
The Union and Employer may under this section review and re-
verse, if necessary, decisions by any area, regional or local griev-
ance committee which interprets Master language erroneously.
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Article 8
The National Grievance Committee may consider and review deci-
sions raising an issue of interpretation of Master Agreement lan-
guage which are submitted by the Union (either the Chair of the
Teamsters National United Parcel Service Negotiating Committee
or their designee) or the designated Employer representative. The
committee shall have the authority to reverse and set aside the ma-
jority decision of any area, regional, local grievance committee, if,
in its opinion, such decision is contrary to the language of the Na-
tional Master Agreement. The decision of the National Grievance
Committee shall be nal and binding. The National Grievance
Committee shall determine whether a decision submitted to it raises
an issue of interpretation of Master Agreement language.
In order for such cases to be reviewed, the decision must interpret
Master language. A decision raising an issue of interpretation of
Master Agreement language is one in which (1) Master Agreement
language was interpreted by a lower panel (2) the interpretation sets
a precedent for future grievances; and (3) a reasonable case can be
made that the lower panel interpretation was contrary to the true
meaning of the Master Agreement. If the National Grievance Com-
mittee deadlocks on whether a decision meets these criteria, arbi-
tration may be requested pursuant to Article 8, Section 4.
Prior to such cases being placed on the Master docket, the moving
party (either the Chair of the Teamsters National United Parcel Ser-
vice Negotiating Committee or their designee or the designated
Employer representative) shall confer with their counterpart and
discuss the matter.
Cases that are docketed will be presented in the following manner:
1. The representatives of the moving party, as described above,
presentrst.
2.ThepresenterwillcitethespecicMasterlanguagethatthelow-
er panel interpreted.
3. Any evidence to prove that the interpretation was contrary to the
provisions set forth in the Master Agreement must be presented.
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Article 8
4. The representative of the responding party will present any re-
sponsive evidence they deem necessary.
5. If the Master Panel is unable to reach agreement, then either party
mayappealtheissuepresentedtonalandbindingarbitration.
Decisions made by lower panels that are properly submitted to the
National Grievance Committee pursuant to this Article and Section
shall be reviewed by the National Grievance Committee. A deci-
sion will be entered by the National Grievance Committee based
upon its interpretation and the facts of that case. Such decision will
benalandbindingupontheparties.
Arbitration decisions under any Supplement, Rider or Addendum
which interpret Master Agreement language may also be submitted
to the National Grievance Committee provided the three above-ref-
erencedcriteriaaresatised.Ifanarbitrationdecisionisreviewed
by the National Grievance Committee it shall be processed in ac-
cordance with this section except that the Committee will make a
nalandbindingdecisionratherthanreferthecasebacktothear-
bitrator. Article 8, Section 4 shall not apply if the National Griev-
ance Committee deadlocks upon review of an arbitrator’s decision.
Section 4.
Where the National Grievance Committee fails to reach a majority
decision as to any case submitted pursuant to this Article (excepting
arbitrator decisions) either party shall have the right to refer the case
to binding arbitration. Either party wishing to submit a grievance to
arbitration must do so within ten (10) days of mailing or hand deliv-
ery of the National Grievance Committee deadlock decision. The
arbitrator is to be selected from an American Arbitration Association
national panel list and all aspects of the arbitration procedure shall
be governed by the Rules of the American Arbitration Association.
Any provision in the grievance procedure of any Supplement, Rid-
er, or Addendum hereto which would require deadlocked disputes
to be determined by any arbitration process, shall be null and void
as to any grievance and/or interpretation of the National Master
Agreement. The decision of the National Grievance Committee as
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Article 8
to whether a grievance and/or interpretation which is subject to this
procedureshallbenalandconclusive.
Section 5.
Any grievance that does not raise an issue of interpretation of a
Master Agreement Article or Section shall be resolved pursuant to
the provisions relating to the local, state and area grievance proce-
dures set forth in the applicable Supplements, Riders and Addenda.
Prior to invoking the arbitration procedure the parties, by mutual
agreement, may submit said case to the National Grievance Com-
mittee for resolution.
In the event of strikes, work stoppages, or other activities which are
permitted in case of default or failure to comply with majority de-
cisions under this Agreement, no decision and/or interpretation of
this Agreement by any tribunal shall be binding upon the Union or
affect the legality or lawfulness of the strikes unless the Union stip-
ulates to be bound by such interpretation, it being the intention of
the parties to resolve all grievances and/or questions of interpreta-
tion by mutual agreement.
In any Section of this Article where language refers to deadlocks,
either party shall have the right to refer any unresolved case to ar-
bitration,exceptasspeciedotherwiseinSection2ofthisArticle.
Section 6.
The arbitrator shall have the authority to apply the provisions of
this Agreement and to render a decision on any grievance coming
before them but shall not have the authority to amend or modify
this Agreement or to establish new terms or conditions of employ-
ment.
Any grievance that does not raise an issue of interpretation of a
Master Agreement Article or Section shall be resolved pursuant to
the provisions relating to the local, state and area grievance proce-
dures set forth in the applicable Supplements, Riders and Addenda.
The no-strike, work stoppage, slowdowns, walkout and lockout
provisions of the Supplemental Agreements, Riders and Addenda
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Article 8
shall apply to such grievances. Prior to invoking the arbitration pro-
cedure the parties, by mutual agreement, may submit said case to
the National Grievance Committee for resolution.
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ofces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 9
4. Either party shall have the right, with written notice by Decem-
ber 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 Jan-
uary 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.
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Article 8
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 re-
scheduled 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, they shall be stricken from the panel
of arbitrators at the written request of either party. The parties shall
ll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
speciedinparagraph5.
7. The parties may mutually agree in writing to remove any indi-
vidual arbitrators from the panel at any time. Each party may uni-
laterally remove two (2) arbitrators during the month of June each
year upon giving ten (10) calendar days’ notice specifying the ar-
bitrator to be removed. The other party shall have the right to re-
move two (2) arbitrators within ten (10) calendar days from re-
ceivingthenotice.Thepartiesshall,withinforty-ve(45)calendar
days, exchange a list of arbitrators double the number of arbitra-
tors stricken.The lists will be combined and struck fteen (15)
days later. This process shall also be used to ll 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 Asso-
ciation’s and the arbitrator’s fees and expenses for the arbitration or
settlement (including rental of the hearing room). The party re-
questing a cancellation will pay any cancellation fees.
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Article 8
11. The location of the arbitration will be determined by mutual
agreement, taking into account the travel requirements of witness-
es, counsel, and the arbitrator. In the event that the parties are un-
able to agree on the location, the arbitrator will decide. All hearings
willbeheldattheAmericanArbitrationAssociationofcesunless
the parties mutually agree on an alternate site.
12.Anyoralloftheforegoingmaybemodiedinwritingbymu-
tual agreement of the parties at any time.
ARTICLE 9. PROTECTION OF RIGHTS
Section 1. Picket Line
It shall not be a violation of this Agreement and it shall not be cause
for discharge or disciplinary action (including but not limited to the
temporary or permanent replacement of any employee) in the event
an employee refuses to enter upon any property involved in a pri-
mary labor dispute, or refuses to go through or work behind any
primary picket line, including the primary picket line of Unions
party to this Agreement, and including primary picket lines at the
Employer’s place of business, and the Employer shall not direct
any employee to cross a primary picket line.
Section 2. Struck Goods
It shall not be a violation of this Agreement and it shall not be a
cause for discharge or disciplinary action if any employee refuses
to perform any service which their Employer undertakes to perform
as an ally of an employer or person whose employees are on strike,
and which service, but for such strikes, would be performed by the
employees of the employer or person on strike.
Section 3.
Subject to the appropriate subcontracting provisions of this Agree-
ment, the Employer agrees that it will not cease or refrain from han-
dling, using, transporting, or otherwise dealing in any of the prod-
ucts of any other employer or cease doing business with any other
person, or fail in any obligation imposed by the Motor Carrier’s Act
or other applicable law, as a result of individual employees exercis-
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Article 9
ing their rights under this Agreement or under law, but the Employer
shall, notwithstanding any other provision in this Agreement, when
necessary, continue doing such business by other employees.
Section 4.
The layover provisions of the applicable Supplemental Agreement,
Rider or Addendum shall apply when the Employer knowingly dis-
patches a road driver to a terminal at which a primary picket line
has been posted as a result of the exhaustion of the grievance pro-
cedure,orafterpropernoticationofapicketlinepermittedbythe
collective bargaining agreement, or economic strikes occurring af-
ter the expiration of a collective bargaining agreement or to achieve
a collective bargaining agreement.
Section 5. Grievances
Withinve(5)workingdaysoflingagrievanceclaimingviola-
tion of this Article, the grievance shall be submitted directly to the
National Grievance Committee without taking any intermediate
steps, any other provision of this Agreement to the contrary not-
withstanding.
ARTICLE 10. LOSS AND DAMAGE
Section 1.
No employee shall make any reimbursement or have monies de-
ducted from their pay for loss or damage to parcels except as pro-
vided in this Section.
No employee shall be disciplined or required to make reimburse-
ment for lost or damaged parcels unless the Employer demonstrates
thattheemployee,withoutjusticationormitigation,violatedper-
tinent established rules or policies, the observance of which would
have prevented the loss or damage. In no event shall a driver be
subject to reimbursement for loss or damage to a Driver Release
parcel valued at one hundred dollars ($100.00) or less. The Em-
ployer will provide each driver a current list of all Driver Release
Areas and all Non Driver Release Areas within that driver’s area
upon request.
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Article 10
An employee who is charged for loss or damage by the Employer
shall not be subject to both discipline and reimbursement. The Em-
ployer will clearly notify the employee and the Union of its intent
to either discipline or seek reimbursement. No employee shall be
subject to discipline or reimbursement unless the Employer brings
thelossordamagetotheemployee’sattentionwithinfteen(15)
business days after receiving a written shipper notice of claim.
When an employee is subject to discipline, the employee shall not
make any reimbursement for such loss or damage. When an em-
ployee is subject to reimbursement, the employee shall not be sub-
ject to discipline for such loss or damage.
Any employee who is found to be responsible for two (2) reim-
bursements in a twelve (12) month period may receive a warning
letter in addition to being responsible for reimbursement should a
third (3rd) loss occur in the same twelve (12) month period.
No action shall be taken by the Employer under this Section until
the grievance procedure is invoked and concluded. In such griev-
ancehearingstheEmployershallpresentitscaserst.
If an employee is held liable for reimbursement for loss or damage
under Article 10, Section 1 in regard to any package, they will be
held liable for the value of the package, the amount paid by the
Employer to the customer, or the insured value of the package,
whichever is least.
Reimbursement schedules shall be reasonable and fair, based upon
the circumstances of each case.
This Article is not to be construed as permitting charges for loss or
damage to equipment. Nor is this Article to be construed as permit-
ting charges for any loss or damage to merchandise as a result of a
vehicular accident under any circumstances.
Section 2.
Employees handling money shall account for and remit the same to
the Employer at the completion of each day’s work. An employee’s
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Article 10
cashturn-inmaybeveriedorauditedbytheEmployer.IftheEm-
ployer fails to verify and deposit an employee’s cash turn-in, when
requested, no deduction or disciplinary action shall be taken. Upon
request by the Local Union, the Employer and the Local Union
shall meet to review any problems relating to transportation of cash
via feeders or cashier’s check rules.
To ensure that the employee will not be held accountable when the
Employerveriesanddepositsorfailstoverifyand/ordepositthe
employee’s cash turn-in the employee and Employer will sign a
document, to be maintained by the Employer, showing whether the
employeerequestedvericationanddepositandwhethertheem-
ployee’scashturn-inhaseitherbeenveriedanddepositedornot
veriedand/ordeposited.
Incasesofprovenbonadeerror(inadditionorsubtraction)ofthe
cash turn-in, the employee will be responsible for making proper
restitution for such shortage.
Insuchcasesofbonadeerror,theEmployerandanemployee,with
the participation of the Local Union and where permitted by applica-
ble law, shall execute a written document providing for an agreed
upon amount and schedule of reimbursement and/or deduction. A
copy of any such agreement will be provided to the Local Union.
The Employer will incorporate into the DIAD for packages shipped
usingWorldshipandMaxishipwithinsixty(60)daysofratication
(as well as other shipping systems when it is technologically feasi-
ble)afunctionthatwillpromptthedriverwhenaspecictypeof
fund is to be collected for each C.O.D. delivery (e.g., certied
funds, cashier’s check, money orders). The Employer will notify
the Union prior to the installation of the prompts or as the system is
expanded. If the driver collects an improper check, the Employer
shall inform the driver of that acceptance.
The Employer shall make a reasonable effort to collect for losses
due to bad checks, to include a driver follow-up, and an attempt by
the manager or designee to meet with the consignee and a letter to
the consignee requesting payment, when appropriate. Should a
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Article 10
driver who has been held liable for restitution choose to pursue le-
gal recourse against the consignee, the Employer will provide any
necessary documents to aid the driver in processing a claim through
the courts. Employees shall not be held liable for restitution or dis-
ciplined if they accept an irregular check if a reasonable person
would have accepted the check. No employee shall be subject to
restitution or discipline unless the Employer brings the bad check
totheemployee’sattentionwithinfteen(15)businessdaysafter
receiving a written shipper notice of claim.
No action shall be taken by the Employer under this section until
the grievance procedure is invoked and concluded. In such griev-
ancehearingstheEmployershallpresentitscaserst.
Reimbursement schedules shall be reasonable and fair, based upon
the circumstances of each case.
The Employer will not post or make available for viewing in the
work place any employee’s social security number or home tele-
phone number. In areas where bidding systems require both a signa-
ture and a phone number, an employee will have the option of pro-
viding their phone number privately to the person controlling the bid.
Section 3.
The Employer shall reimburse employees for loss of personal mon-
ey or personal property in a holdup or vehicular accident while on
duty up to a maximum of two hundred dollars ($200.00) per em-
ployee, provided the employee promptly reports such holdup or ve-
hicular 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 addi-
tion, if employees experience theft or vandalism issues related to
personal vehicles in designated employee-parking lots, the applica-
ble Local Union may notify the District Labor Manager of the issues
andrequestameetingwithSecuritytodiscussspecic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 ve-
hicle was subject to theft or vandalism while parked in a designated
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Article 10
Company parking lot provides immediate notice to the Company
and obtains a police report, the Company will reimburse the em-
ployeeuptove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 ratication previously classied Article 22.4(b)
driversshallbereclassiedtoRegularPackageCarDrivers(RP-
CDs), 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 Au-
gust 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 ben-
etsasanRPCD.
The parties agree in those buildings where the Employer is current-
ly 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 deter-
mined in the applicable Supplement, Rider or Addendum.
(iii)PreviouslyclassiedArticle22.4(b)driversshallremainona
Tuesday-Saturday workweek unless the number of necessary Tues-
- 36 -
Article 11
day-Saturday workweek schedules can be covered by RPCDs de-
scribed in Paragraphs (i) or (ii) above.
(iv) If the number of Tuesday-Saturday workweek schedules can-
not be covered by the drivers in Paragraphs (ii) or (iii), the Compa-
ny may assign the open Tuesday-Saturday workweek schedule(s) to
the junior RPCD hired after August 1, 2019 according to the appli-
cable Supplement, Rider or Addendum.
(v)Inanybuildingswithoutsufcientstafng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 re-
solvedwithinsixty(60)daysofratication,themattermaybere-
ferred 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reclassicationof22.4s.
Section 2. Recognizing that the Employer currently only utilizes
ve(5)daydeliveryoperationsinsomelocations,atleastforty-ve
(45) days advance written notice shall be provided to the affected
Local Union(s) prior to transitioning to a six (6) day delivery oper-
ationfollowingratication.
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 pre-
vious days’ work. An employee will be permitted to examine the
operation record for the current pay period for the purpose of ascer-
taining their hours worked. If an employee has an issue with their
hours worked for a particular day, the Employer will provide the
employee, upon request, with a printout of their hours worked.
- 37 -
Article 12
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 technol-
ogy, 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 an-
other 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 Compa-
ny 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 twen-
ty-ve(25)daysthereafter,theprintedcopyofthetransmission(s)
shallbeprovidedwithinve(5)workingdays.
By January 1, 2026 the Employer shall implement an employee
accessible payroll systemthatprovidesaccess to start and nish
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 sys-
tem 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 driver shall allow anyone, other than employees of the Employ-
er who are on duty, to ride on their truck except by written authori-
- 38 -
Article 13
zation of the Employer, except in cases of emergency aris ing out of
disabled commercial equipment, accidents, or an Act of God, in
accordance with Department of Transportation regulations.
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ofcial.
The Employer agrees to cooperate and make a reasonable effort to
provide the disposition of employee on-the-job injury claims with-
in ten (10) business days. No employee will be disciplined or
threatenedwithdisciplineorretaliatedagainstasaresultofling
an on-the-job injury report. The Employer or its designee shall not
visit an injured worker at their home.
The Employer shall provide the Union Co-chair of the National
Safety and Health Committee with current summaries of the essen-
tial 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 adverse-
ly 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 indi-
vidual case and shall have no precedential effect beyond that case.
This stipulation is limited to cases involving or referencing essen-
tial job functions.
The Employer shall provide Worker’s Compensation protection for
all employees even though not required by state law or the equiva-
lent thereof if the injury arose out of or in the course of employment.
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Article 14
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 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 at-
tention. When, because of such pressure, an employee spends time
inaclinicaftertheirnormalnish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 Compen-
sation 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 im-
mediate 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 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, there-
after, 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 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 de-
ceased to the home of the deceased at the point of domicile.
Section 2. Temporary Alternate Work
TheCompanymaycontinueamodiedworkprogramonanondis-
criminatory basis. This program is designed to provide temporary
- 40 -
Article 14
work opportunity to those employees who are unable to perform
their normal work assignments due to an on-the-job injury. Em-
ployees shall be provided their guaranteed hours with a start time
no more than two (2) hours earlier or two (2) hours later than their
normal start time for the duration of TAW, provided the work is
available. The Company will make reasonable efforts to ensure that
the assignment is within this window. These guaranteed hours will
be reduced as medical restrictions dictate. Pay rates for TAW as-
signments will be at the employee’s regular rate of pay.
With the exception of feeder drivers, when an employee is released
to return to work after a work injury of six (6) months or greater, the
Employer shall provide, if requested by the employee, a work hard-
ening schedule in which the employee can work their guaranteed
hoursforuptove(5)days.Whenpossible,packagedriverswill
provide advance notice of return to work so as to be counted toward
the eight hour requests.
The Employer will develop a list of possible TAW assignments by
location. It is understood that this list may not be all-inclusive and
management maintains the right to determine the availability and
designation of all TAW assignments. The Employer shall provide
the names and assignments of employees on TAW upon the Local
Union’s request.
In areas that have existing TAW programs providing better employ-
ee benets and protections than guaranteed by thisArticle, such
protectionsandbenetswillnotbediminishedbythisArticle.
Any such program that has been, or is in effect, as of the effective
date of this Agreement, shall be reduced to writing, a copy of which
must be submitted to the National Safety and Health Committee
and the affected Local Union. If either party wants to include
non-work-related injuries or illnesses under the TAW program the
parties will meet and agree upon such amendment. The Employer
shall also meet with the Local Union upon request to discuss any
changes the Local Union may propose in the TAW program. Any
unresolved issues will be referred to the National Safety and Health
Grievance Committee for resolution.
- 41 -
Article 14
Section 3. Permanently Disabled Employees
The Parties agree to abide by the provisions of the Americans with
Disabilities Act. The Company shall be required to negotiate with
the Local Union prior to providing a reasonable accommodation to
aqualiedbargainingunitemployee.
The Company shall make a good faith effort to comply in a timely
manner with requests for a reasonable accommodation because of a
permanent disability. Any grievance concerning the accommoda-
tion not resolved at the center level hearing will be referred to the
appropriate Union and Company co-chairs for the Local Area or to
the Region Grievance Committee, if applicable. If not resolved at
that level within ten (10) days, the grievance shall be submitted
directly to the National Safety and Health Grievance Committee.
If the Company claims that the individual does not fall within the
protections of the Americans with Disabilities Act, then the griev-
ance must follow the normal grievance procedure in order to re-
solve that issue before it can be docketed with the National Safety
and Health Committee.
Any claim in dispute concerning rights under this Section shall be
addressed under the grievance and arbitration procedures of this
Agreement.AgrievancemaybeledbyanemployeeortheUnion,
notwithstanding any contrary provision in any Supplement, Rider
or Addendum. The submission of a claim under this Section to the
grievance and arbitration procedures of the Agreement shall not
prohibit or impede an employee or the Union from pursuing their
statutory rights under the Americans with Disabilities Act (ADA)
or comparable state or local laws.
The parties agree that appropriate accommodations under this Sec-
tion are to be determined on a case-by-case basis.
If a full-time employee cannot be reasonably accommodated in a
full-time job, the Company may offer a part-time job as a reasonable
accommodationiftheemployeeisqualiedandmeetstheessential
functions of the job. If the employee accepts the part-time accommo-
dation, the employee will be placed into the applicable part-time
- 42 -
Article 14
health & welfare and pension programs, will be paid the appropriate
part-time rate for the job performed based on the employee’s Compa-
ny seniority, and will receive the part-time contractual entitlements
as per the appropriate Supplement, Rider, or Addendum using the
employee’s Company seniority date. This placement will not prohib-
it employees from bidding on future full-time jobs for which they are
qualiedandmeetstheessentialfunctionsofthejob.Shouldtheem-
ployee not accept the part-time reasonable accommodation, the em-
ployee shall be allowed to be inactive for three (3) years. During
those three (3) years, they shall have the ability to return to their job
should they become able to perform the essential functions of the job
with or without a reasonable accommodation; have the ability to bid
on openings as their seniority allows, providing they can perform the
essential functions of that job; and have the ability to accept the part-
time accommodation referenced above. After three (3) years, their
seniority shall be considered broken. Said employee shall be entitled
to receive long term disability and workers’ compensation in accor-
dance with the terms of the applicable plan.
Section 3.1
Pursuant to Article 22.3 and Article 37 and notwithstanding lan-
guage in the Supplements, Riders or Addenda, the Employer and the
Union agree to meet and discuss certain full-time positions that may
belled byemployeeswho canno longerperformtheir assigned
job. When full-time openings occur, these employees will be given
theopportunitytolltheopeningpriortotheEmployerhiringfrom
theoutside.The employeemustbe physically t andqualiedto
perform the new job. The employee placed in the opening will be
paid the rate for the job based upon the employee’s seniority.
ARTICLE 15. MILITARY CLAUSE
Section 1. USERRA Rights
Employees in service in the uniformed services of the United
States,asdenedbytheprovisionsoftheUniformServicesEm-
ployment and Reemployment Rights Act (USERRA), Title 38, U.S.
Code Chapter 43, shall be granted all rights and privileges provided
by USERRA and/or other applicable state and federal laws. This
- 43 -
Article 15
shall include continuation of health coverage as provided by US-
ERRA, and pension contributions for the employee’s period of ser-
vice, as provided by USERRA. Employees shall be subject to all
obligationscontainedinUSERRAwhichmustbesatisedforthe
employees to be covered by the statute.
The Employer, in its discretion, may make additional payments or
awardadditionalbenetstoemployeesonleaveforserviceinthe
uniformed services in excess of the requirements outlined in the
USERRA.
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 eli-
gible 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. Eligible employees
returning to work as per USERRA shall be entitled to annual vaca-
tion for the remainder of that contractual vacation period based on
the number of weeks to which 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:
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 vaca-
tion available upon their return.
For the next contractual vacation period, employees shall be credit-
ed with the vacation they would have accrued while they were on
- 44 -
Article 15
military leave. In no event shall the employee have less than 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 con-
tinue to accrue while on approved military leave and will be re-
stored on a pro-rata basis in the same manner as vacation for eligi-
ble 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 vaca-
tion, as well as the treatment and scheduling of time off other than
vacation, shall be in accordance with the applicable Supplement,
Rider or Addendum.
Section 3. Notication of Leave
UponnoticationfromanemployeethattheyaretakingUSERRA
qualiedmilitaryleave,theEmployershallnotifytheLocalUnion
withinve(5)businessdays.
Section 4. Spousal Transfer Rights
In the event an active member of the military is transferred to a
different geographic location and their spouse works for the Em-
ployer, the employee may submit a written request to the Employer
to transfer to the same geographical area. The transfer shall be ap-
proved subject to the following conditions:
a.Afullorpart-timeopening,asapplicable,inthejobclassication
exists at the desired location. The position must be one that an ex-
isting employee does not have a right to be awarded.
b.Jobclassicationseniorityisend-tailed.
c. Company seniority is retained for the purposes of the number of
weeksofvacation,holidayeligibility,andbenetpurposes.
- 45 -
Article 15
d. The transfer must be requested in advance of the relocation to
ensure that there is no break in service by the transferring employ-
ee. If no permanent position is available at the time of the reloca-
tion the provisions of paragraph a. above, shall apply for a maxi-
mum of six (6) months.
e. The Employer shall not be responsible for any moving expenses
or work missed by the employee.
f. An employee who transfers 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 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conictwith
any collective bargaining agreement and/ or trust agreement.
ARTICLE 16. LEAVE OF ABSENCE
Section 1.
The Employer agrees to grant the necessary time off, without dis-
crimination or loss of seniority rights and without pay, to any em-
ployee designated by the Union to attend a labor convention or
serve in any capacity on other ofcial business, provided for-
ty-eight (48) hours written notice is given to the Employer, by the
Union, specifying length of time off. The Union agrees that, in
making its request for time off for Union activities, due consider-
ation shall be given to the number of employees affected in order
that there shall be no disruption of the Employer’s operations due
to lack of available employees.
AUnionmemberelectedorappointedtoserveasaUnionofcialshall
be granted a leave of absence during the period of such employment,
without discrimination or loss of seniority rights, and without pay.
Section 2.
Any employee desiring leave of absence from employment shall
secure written permission from both the Union and the Employer.
- 46 -
Article 16
The request for leave of absence shall be made in writing at least
thirty (30) days before the day on which the leave is sought to com-
mence. If the leave is not foreseeable, the employee shall submit
the written request as soon as possible and shall include an expla-
nation why the leave was not foreseeable. The Employer and Union
shall respond to the request in writing within ten (10) days after
receiving the request. The maximum leave of absence shall be for
ninety (90) days and may be extended for like periods. Permission
for same must be secured from both the Union and the Employer.
During the period of absence, the employee shall not engage in
gainful employment, except as provided in Section 3 below.
Failure to comply with this provision shall result in the complete
loss of seniority rights for the employees involved. Inability to
work because of proven sickness or injury shall not result in the
loss of seniority rights. The employee may make suitable arrange-
ments for the continuation of health and welfare and pension pay-
ments before the leave may be approved by either the Local Union
or the Employer.
Section 3. Loss of License
Section 3.1 Leave of Absence
Whenanemployee,inanyjobclassicationrequiringdriving,los-
es their operating privilege or whose license has been suspended or
revoked for reasons other than those for which the employee can be
discharged by the Employer, leave shall be granted for such time as
the employee’s operating privilege or license had been suspended
or revoked, but not for a period longer than two (2) years, provided
the driver whose operating privilege or license has been suspended
orrevokednotiestheemployee’simmediatesupervisorbeforethe
employee’s next report to work of such suspension or revocation.
Theaboveprovisionneedonlyapplytotherst(1st)suspensionor
revocation except for suspension of commercial driver’s license
(CDL) of one (1) year or less duration.
Employees who take a leave of absence under this Section whose
loss of operating privilege or license is the result of driving under
- 47 -
Article 16
theinuenceofdrugsoralcoholwillbeallowedalternativework
and to return to their job in accordance with Section 3.3 below.
Section 3.2 Alternate Work
(Other than Alcohol/Controlled Substance)
Whenanemployee,inanyjobclassicationrequiringdriving,has
lost their license under this Article they shall be afforded the oppor-
tunity to displace junior, one (1) full-time or two (2) part-time, in-
side employees, until they can return to their driving job, not to
exceed two (2) years, unless provided for otherwise in the Supple-
ments, Riders or Addenda. The employee shall receive the appro-
priate rate of pay for the job performed based on their seniority.
Coverageforbenetsshallcontinueforthelengthoftheleaveof
absence or for the job duration, up to two (2) years.
Section 3.3 Alternative Work
(Alcohol/Controlled Substance)
Whenanemployee,inanyjobclassicationrequiringdriving,has
lost their license for driving under the inuence of alcohol or a
controlled substance 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 they
successfully complete the rehabilitation program, provided their
driving privileges have been restored. The employee shall receive
the appropriate rate of pay for the job performed based on their se-
niority. Coverageforbenets 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Inuencewhodoesnothave
their license suspended, or who has limited driving privileges, shall
beassessedbyaSAPwithinve(5)workingdaysofthecitation.If
the SAP determines the driver does not require rehabilitation, then
they shall be allowed to return to driving. Until the assessment is
- 48 -
Article 16
completed, the driver shall be allowed to work at 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 reha-
bilitation program under this paragraph, unless, as a result of the DUI
citation, the driver is convicted or loses 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 their license
forbeingdisqualiedfortestingpositiveforcontrolledsubstances.
Section 3.4 CDL Qualication
This Article shall also apply in the event an employee is unable to
successfully pass the DOT commercial driver’s license (CDL) ex-
aminationprovidedtheemployeemakesabonadeefforttopass
the test each time the opportunity presents itself.
Section 4. Maternity and Paternity Leave
It is understood that maternity leave for employees shall be granted
with no loss of seniority for such period of time as their doctor shall
determine that they are physically or mentally unable to return to
their normal duties and maternity leave must comply with applica-
ble 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 en-
tirety of such break.
Alightduty request,certied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.
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Article 16
Paternity leave shall be granted in accordance with Section 6 of this
Article with the exception of employees not able to meet the quali-
cations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 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 Program—
Leave of Absence
An employee shall be permitted to take a leave of absence for the
purpose of undergoing treatment in an approved program for alco-
holism or substance abuse. Employees may use the United Parcel
Service Employee Assistance Program (EAP), a Union sponsored
rehabilitation program, as well as any other referral service in
choosing an approved program for treatment.
Employees shall be permitted to take advantage of a rehabilitation
programonceeveryve(5)years,three(3)timeslifetimemaxi-
mum, under all conditions of this Article.
The leave of absence must be requested prior to the commission of
any act subject to disciplinary action except as provided in Article
35, Section 3 and Section 4. The leave of absence shall be for a
maximum of ninety (90) days; additional time may be granted if it
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Article 16
is mutually agreed between the Company and the Union, or re-
quested by the Substance Abuse Professional (SAP). While on such
leave,theemployeeshallnotreceiveanyofthebenetsprovided
by this Agreement, Supplements, Riders and/or Addenda, except
the continued accrual of seniority.
If an employee voluntarily enters such a rehabilitation program,
under the provisions of the Article, the following shall apply:
1. Before returning to work, the Employer shall ensure that the em-
ployee is “alcohol/drug free” This requirement shall be satised
when the employee has provided a negative drug test result, as per
cutoff levels contained in Section 3.3 or Section 3.4 of Article 35, as
applicable, and/or an alcohol test with an alcohol concentration less
than .02. The Employer will make all reasonable efforts to conduct
all return-to-work testing, conference calls, and examinations within
ve(5)workingdaysofcompletionofarehabilitationprogram.
2. Within one (1) year of the date on which an employee returns to
work, the employee may be subject to unannounced alcohol/drug
testing,asspeciedinthereturntoworkagreement.Theone(1)
year period may be extended only by the SAP and must be substan-
tiatedbywrittenvericationoftheSAP.
3. Unannounced alcohol/drug testing for the above-mentioned em-
ployee, if required shall be determined by the SAP as provided in
this Article. The date, time and place of collection for alcohol/drug
testing, if required, shall be determined by the SAP.
4. Failure to comply with the after-care treatment plan or a positive
specimen as part of the after-care treatment plan will result in dis-
cipline pursuant to Article 35, Sections 3.13 and 4.11.
All alcohol/drug treatment agreements including pre-care, aftercare
and return to work agreements entered into shall be condential
and signed by the employee and the SAP overseeing the treatment
program and must have been approved by the Local Union business
agent prior to the employee’s signature. The postcare agreement
shall comply with all provisions of this Article.
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Article 16
The Employer agrees to recognize the employee’s rights to privacy
and condentiality while being party to such an agreement. The
Employer agrees that in all circumstances the employee’s dignity
will be considered and all necessary steps taken to ensure that the
entire process does nothing to demean, embarrass or offend the em-
ployee unnecessarily.
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 eligi-
ble 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 provid-
ed by the FMLA.
Eligible employees are entitled up to a total of 12/6 weeks of un-
paid 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 main-
tain 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.
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Article 16
Employees shall be allowed to retain up to two (2) weeks of ac-
crued 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 Em-
ployerhastherightto requiremedicalcertication ofaneedfor
leave under this Act. In addition, the Employer has the right to re-
quire 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 great-
er employee rights.
Section 7. Disability
When an employee is injured off the job, the Company shall use its
best efforts to provide the employee with all necessary documents
and reasonable assistance in order to assist with the processing of
the employee’s disability claim.
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certicate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.
Wages for selected vacations, in all instances, will be paid to the
employees no later than the workday prior to their vacation. If the
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Article 17
employee does not receive 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 their vacation check on the Monday as permitted
below and the Employer fails to make the vacation payment avail-
able 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 their daily guarantee at their regular hourly rate of pay
for every subsequent pay period until the shortage is corrected.
Othershortagesinvolvingmorethanfty($50.00)dollarsforfull-
timeemployees,andtwenty-ve($25.00)dollarsforpart-timeem-
ployees, will be corrected and the payment will be made available
to the employee at their reporting location on their second sched-
uled workday after reporting the shortage. If the Employer fails to
make the payment available on a full-time employee’s second
scheduled workday and the shortage was the result of the Employ-
er’s error, the full-time employee will be paid an additional amount
equal to one-half (1/2) of their daily guarantee at their regular hour-
ly rate for every full pay period in which the shortage is not paid
after the second (2nd) scheduled workday, 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
(2nd) 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 (2nd) scheduled work day, until correct-
ed. 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-
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Article 17
time employee within two (2) pay periods, the penalty shall be in-
creasedtove(5)hours.
Errorsoflessthanfty($50.00)dollarsforfull-timeemployeesor
twenty-ve($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 pro-
ceduretoawardapenaltyuptotheamountspeciedintheprior
paragraph for any violation of the provision.
Ifanemployeeworksindifferentclassications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 pay-
check will also be available for review by affected employees elec-
tronically 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 representative agrees to 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notiestheEmployerinwritingofanyongoing
overpayment,theemployee’sliabilitywillceaseve(5)working
daysafterthedateofthewrittennotication.Thenotication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 scheduled vacation in accordance with the applicable Sup-
plement, 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 their pay prior to taking their
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Article 17
vacation. The employee will be shown their check upon request,
but will not receive the check until the regular scheduled payday.
All green checks will be taxed at the employee’s regular withhold-
ing tax rate.
Paycheck stubs will show the year-to-date vacation, sick and per-
sonal leave balances.
ARTICLE 18. SAFETY AND HEALTH
EQUIPMENT, ACCIDENTS AND REPORTS
Preamble
The Employer and the Union agree that the safety of the employees
and the general public is of utmost importance.
The Employer and the Union have developed the following Sec-
tions and Subsections of this Agreement to respond to that mutual
concern for safety. The contract language responds to a variety of
areas related to safety, health, ergonomics, climatic conditions as
well as federal, state and local laws dedicated to providing a safe
and healthy workplace.
To address safety and health issues, the Employer and the Union
have developed the following:
A. A National UPS/IBT Safety and Health Committee;
B. A National UPS/IBT Safety and Health Grievance Committee to
respond to safety, health, ergonomic and climatic issues and con-
cerns; and
C. A Safety and Health Committee, chaired by the UPS Director of
Health and Safety and the IBT Director of Safety and Health, will
be formed to address present and future safety and health issues and
solutions; and
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Article 18
D. Local area joint labor/management committees comprised of
bargaining unit members and management to address job related
safety and health concerns through the Comprehensive Health and
Safety Process (CHSP).
Notwithstanding the employee’s right to contact federal, state or
local agencies, it is the recommendation of the committee that is-
sues and concerns, regarding this Agreement, should rst be
brought before the National Safety and Health Committee.
Union requests to access Company vehicles and/or facilities for the
purpose of investigating safety and health issues shall proceed as
follows:
Upon request of a Local Union, and with the approval of the UPS/
IBT National Safety and Health co-chairs, representatives of the
Union, accompanied by Company representatives, will be provided
reasonable and necessary access to the Company’s vehicles and/or
facilities for the purpose of investigating safety and health issues.
Should the UPS/IBT National Safety and Health co-chairs not
reach agreement on an access request, the matter shall be referred
to the Employer’s Vice President of Labor Relations and the Co-
Chair of the Teamsters United Parcel Service Negotiating Commit-
tee for resolution.
Section 1. Employees’ Rights—
Equipment, Vehicles and Conditions
The Employer shall not require employees to take out on the streets
or highways any vehicle, or use any type of equipment, that is not
in a safe operating condition or equipped with the safety appliances
prescribed by law. First line trailers will be swept on a daily basis.
All package cars and tractors will be maintained in a clean and
sanitary condition including mirrors and windows.
Under no circumstances will an employee be required or assigned
to engage in any activity involving dangerous conditions of work or
danger to a person or property or in violation of a government reg-
ulation relating to safety of person or equipment. The term “danger-
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Article 18
ous conditions of work” does not relate to the type of cargo which
is to be hauled or handled.
It shall not be a violation of this Agreement, or cause for disci-
plinary action, where employees refuse to operate equipment or a
vehicle when such operation constitutes a violation of any state or
federal rules, regulations, standards or orders applicable to com-
mercial motor vehicle safety or health, or because of the employ-
ee’s reasonable apprehension of serious injury to themselves or the
public due to the unsafe conditions as set out in any state or federal
rules, regulations, standards or orders applicable to commercial
motor vehicle safety or health to include Part 392.14 of the Federal
Motor Carrier Regulations.
The Employer shall ensure conveyors passing overhead shall be
guarded so as to prevent the material transported from falling and
causing injury to employees below.
Section 2. Out of Service Equipment and
Vehicle Reports
All equipment which is refused, or has been written up for repair,
because not mechanically sound or properly equipped, shall be ap-
propriately tagged, and placed out of service, so that it cannot be
used by other drivers, or employees until the Automotive/Mainte-
nance Department has adjusted the complaint.
Employees shall immediately, or at the end of their shifts, report all
known defects of equipment on a suitable form furnished by the
Employer. The Employer shall not ask or require any employee to
utilize equipment that has been reported by any other employee as
being in an unsafe condition. Such equipment will be red tagged, as
necessary, by automotive/maintenance personnel. The tag must not
be removed until the Automotive/Maintenance Department has de-
termined that the vehicle/equipment is in a safe operating condition
or,wherenoAutomotive/MaintenanceDepartmentexists,qualied
management will make the deciding determination. Management
notqualiedtomakesuchadetermination,willconsultwithqual-
iedautomotive/maintenancepersonnelbeforeremovingaredtag.
The person making the decision will sign off the car condition re-
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Article 18
port or other form required by law. Any automotive/maintenance
person consulted will be noted on this report.
When the occasion arises where an employee gives a written report
on forms in use by the Employer of a vehicle/equipment being in
unsafe working or operating condition and receives no consider-
ation from the Employer, the employee shall take the matter up
withanofceroftheUnion,whowilltakethematterupwiththe
Employer. But in no event shall an employee be required to operate
a vehicle/equipment that is unsafe or in violation of any federal,
state or local, rules, regulations, standards or orders applicable to
equipment or commercial motor vehicles.
Copies of the car-condition reports or Driver Vehicle Inspection Re-
ports (DVIR) will be available in centers for review by drivers.
Uponnotication,driversmaymakecopiesofsaidreportsinfacili-
ties that have copy equipment. In facilities with no copy equipment,
the employee will be provided a copy as soon as practical, when
requested. In no case will the copy of the DVIR remain valid after
the DOT retention requirement (ninety (90) days) or the original
DVIR expires. The current DVIR will be maintained in each vehicle
between completion of Preventative Maintenance Inspections
(PMI). Other copies will be made available for review by drivers as
required by the Federal Motor Carrier Safety Act (FMCS), 49 CFR
396, as applicable to the Employer. In cases where the electronic
Driver Vehicle Inspection Report (eDVIR) and/or the electronic Car
Condition Report (eCCR) system has been installed, drivers can
view previous reports from any Feeder Data Terminal (FDT).
Section 3. Accidents and Reports
Any employee involved in any accident shall immediately notify
the Employer.
When required by the Employer, the employee, before the end of
the employee’s shift, shall complete a report of the accident includ-
ing all available names and addresses of witnesses to the accident.
The reference number will be given to the employee, and when re-
quested, a copy of the accident report will be furnished to the em-
ployee within two (2) working days of such request. A copy of the
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Article 18
accident report will also be furnished to the Local Union if request-
edbyaLocalUnionofcial.Incasesofequipmentaccidentswhere
a Driver’s Report of Accident form is completed, the employee will
be given a copy of the form the same day, when requested. In facil-
ities with no copy equipment the employee will be provided a copy
as soon as practicable.
In the event of a vehicle accident, the Employer shall have twenty
(20) days to complete its investigation, if warranted, and ten (10)
days to take disciplinary action, if any, unless otherwise mutually
agreed. Except for serious accidents, where the driver may be pre-
sumed to be at fault, a driver will not be removed from the payroll
during an investigation of the accident.
Aseriousaccidentisdenedasoneinwhich:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as
a result of the injury, receives immediate medical treatment away
from the scene of the accident, or;
3. A citation is issued and one or more motor vehicles incur dis-
abling damage as a result of the accident requiring a vehicle to be
transported away from the scene by a tow truck or other vehicle, or:
4. Any vehicular contact with an aircraft which results in damage
that grounds such aircraft, or;
5. There is an accident involving a motor vehicle on Company
property, outside of any building, that results in a fatality or bodily
injury to a person, who as a result of the injury receives medical
treatment away from the scene of the accident.
The driver will be entitled to non-driving work during this period at
their normal rate of pay.
The Employer and the Union mutually agree that the employee’s
rights to Union representation will be protected pursuant to Article
4 of the National Master UPS Agreement.
- 60 -
Article 18
Any pictures and/or video used from an accident for the purpose
of educating the workforce shall exclude the identity of employ-
ee(s)
involved in the accident. Such pictures and/or video shall only be
used for accident prevention, and not to embarrass or denigrate any
employee.
Section 4. Seats
The Employer will provide high-back air-ride seats in all new trac-
tors and when replacing the driver seat in present tractor equip-
ment. Such seats shall be maintained in a proper and reasonable
condition.
When replacing the seat cushion in package cars where the seat is
attached to a post, the Employer will use the new soft ride cushion
agreed to. When replacing the seat back, the Employer agrees to
provide the new seat back with the adjustable lumbar support fea-
ture. Seat backs will be replaced as needed subject to availability
from the manufacturer. In all new P-32 through P-120 vehicles, the
Employer agrees to provide multi-adjust seats.
Section 5. Sun Visors
Employer approved replacement sun visors will be provided upon
request on all equipment.
Section 6. Building Heat
Centers will be heated, where practical.
On a facility-by-facility basis, to include temporary facilities, the
Employer will evaluate whether additional ventilation or heat is
needed for purposes of safety and health. This will include clerical
workareasoutsideofofcestructuresintheUPSfacilities.Should
any employee(s) have concerns with respect to ventilation or heat
issues, they shall be addressed by the appropriate local CHSP Com-
mittee. Should the local CHSP Committee not satisfactorily ad-
dresstheissue,agrievancemaybeledandwouldbesentdirectly
to the National Safety and Health Grievance Committee.
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Article 18
Section 6.1 Indoor Air Pollution
1. Motor vehicles shall be physically connected to a local exhaust
ventilation system when the operations in the shop require that the
vehicle engine be idled or otherwise operated. Shop areas shall be
designated as separate walled-in areas.
2. The Employer will instruct drivers of motor vehicles not to allow
vehicles to unreasonably idle while indoors.
Section 7. Trailer Conguration
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 ex-
ceedstheotherbytwenty-ve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 ex-
ceedstwenty-vepercent(25%)inthereartrailerortheunitdoes
not handle properly, they may contact management and will be au-
thorized 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
conrm the percentage(s) while on UPS property.Air Container
loads are excluded.
Section 8. Radios
Radios will be allowed in package cars. Such radios shall not inhib-
it the driver’s view, nor shall they be unsecured.
TheuseofCitizenBand(C.B.)Radios,nottoexceedve(5)watts,
shall be permitted in all feeder road equipment as follows:
a. Operators of C.B. Radios must conform to FCC rules and regula-
tions and be properly licensed and license be on record with the
Employer.
b. Headsets and earphones shall not be allowed.
c. The Employer will not be responsible in any way for any damage
or loss of C.B. Radio equipment.
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Article 18
d. All power hookups and antenna brackets shall be provided and
installed by the Employer.
e. Antennas shall be so installed that they do not interfere with the
operation of the wash rack or restrict the vision of the driver.
Section 8.1 Distracted Drivers
The Employer and Union recognize that there are various federal,
state and local statutes, regulations and ordinances on the use of
handheld devices while a commercial motor vehicle is in motion. In
the interest of the safety of our drivers and the general public, driv-
ers must comply with the applicable restrictions. The Employer
will use its best efforts to educate drivers on the restrictions appli-
cable in each geographic area.
If permitted by state and/or federal law, headsets, Bluetooth ear
pieces, and earphones that are used in moving vehicles shall only
cover one ear.
Section 8.2 Non-Driving Employees
The use of handheld devices by non-driving employees will be al-
lowed in accordance with the facility’s current security practice.
Section 9. Tires
Onlyrst-linetireswillbeusedonthesteeringaxleoffeederroad
equipment, including P80’s used as feeders. In case of breakdown a
temporaryreplacement otherthanarst-linetire maybeusedto
return to the home terminal. The Company agrees to not mix radials
and bias ply tires on the same unit.
Any safety concerns regarding tires shall be referred to the local
Safety and Health Committee for review.
Section 10. Shocks
Where the manufacturer recommends and provides shock absorb-
ers as standard equipment, properly maintained shocks on such
equipment shall be considered as a necessary and integral part of
that assembly.
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Article 18
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 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 cur-
rent 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
All new dollies placed into service shall be counter balanced (max
70 lb. lift weight) with handles on the tongue. All dollies in the
system will be counter balanced for 70 lb. lift weight and have han-
dles on the tongue.
Section 13. Exhaust System
AllnewdieseltractorsaddedtotheeetafterJanuary1,1994,shall
be equipped with a vertical exhaust stack. Recognizing the advanc-
es made in the reduction of diesel emissions, the Company may
introduce alternate exhaust systems in all new tractors acquired af-
ter January 1, 2024. Package car exhaust systems, when replaced,
shall exit to the side of the vehicle.
Section 14. Package Cars And Other Vehicles
P-200 through P-470 vans purchased after January 1, 2024 shall be
equipped with in-cab air conditioning systems. In addition, pushbacks
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Article 18
and fuel trucks purchased after January 1, 2024 shall be equipped with
in-cab air conditioning. All new package cars, P-500 and larger, shift-
ing 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ratication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 pur-
chased after January 1, 2024 to Zone 1 until such time as all pack-
age cars in Zone 1 are equipped with air conditioning. The Compa-
ny then shall use reasonable efforts to prioritize Zone 2 and then
Zone 3. The allocation of package cars may take into account fac-
torsthatinclude,butarenotlimitedto,stateemissionsandefcien-
cy standards, existing vehicle retirement schedules, and business
growth levels. The Employer may, if it so desires, redistribute dis-
placed 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 com-
partment.Withineighteen(18)monthsfollowingraticationofthis
Agreement, all non-electric package cars P-500 and larger shall be
retrottedwith exhaustheat shields.Withineighteen(18) months
following ratication of this Agreement, package cars P-500 to
P-1200shallberetrottedwithanairinductionventscoop.
Withinten(10)daysofratication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 ap-
propriate methods for venting and insulating the package car cargo
compartments. The Committee also shall identify potential venting
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Article 18
andinsulationsolutionsforevaluationandeldtesting,including,
but not limited to, the installation of an insulation product on the
oorofpackagecarcargocompartments.ByOctober1,2024,the
Committee shall issue its determination as to an additional appro-
priate venting and/or insulation solution(s) to reduce the tempera-
ture in package car cargo compartments. Should the Committee be
unable to agree by that date, the matter shall immediately be re-
ferred to the Union and Employer Chairs of the National Negotiat-
ing Committee for resolution. If they are unable to reach agree-
ment, 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eetpriortoJanuary
1,2009,shallhavetractiontapeinstalledontheoor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.TheUnionwillbenotied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 re-
quest.
Section 14.1 Driver Safety and Security
The bulk head door release in package cars must be accessible from
the inside as well as the outside in order to enable exit from the
package compartment.
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Article 18
Section 15. Heaters and Defrosters
The Employer shall install and maintain heaters and defrosters on
all trucks and all safety equipment required by law. Complaints re-
garding heaters or defrosters not being in proper working order
shall be addressed pursuant to the red-tagging procedures under
Article 18, Section 2.
All new step van package cars will be manufactured with a mini-
mum of 44,000 BTU heaters. In extreme cold climates concerns
over in cab conditions may be brought before the local Safety and
Health Committee for review and resolution.
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 em-
ployeenoiseexposureinallneworretrottedautomatedfacilities.
Section 17. Vehicle Integrity
The Employer agrees to maintain all door and engine compartment
seals in order to eliminate, as much as possible, fumes, dust and
moisture in the package car.
Section 18. Vehicle and Personal Safety Equipment
All automotive vehicles shall be equipped with a manufacturer cer-
tiedseatbeltrestraintsystem.Jumpseatsshallbeequippedwitha
safety belt. Three-point shoulder harness safety belts shall be pro-
vided 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.
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Article 18
Golf cart usage will comply with applicable federal, state and local
regulations.
Within one-hundred andtwenty(120) days of ratication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. Qualication on Equipment
If the Employer or a government agency requests a regular employ-
eetoqualifyonequipmentrequiringaclassiedorspeciallicense,
or in the event an employee is required to qualify (recognizing se-
niority) on such equipment in order to obtain a better job opportu-
nity with their Employer, the Employer shall allow such regular
employee the use of the equipment so required in order to take the
examination.
Section 19.1. Clerical Areas
Any issues that may arise with regard to anti-fatigue mats for cleri-
cal areas shall be referred to the appropriate local CHSP Committee
for investigation. Should the local CHSP Committee not satisfacto-
rilyaddresstheissue,agrievancemaybeledandwouldbesent
directly to the National Safety and Health Grievance Committee.
Section 20. National UPS/IBT
Safety and Health Committee
Section 20.1 National UPS/IBT Safety and Health
Committee—Safety, Health and
Equipment Issues
The Employer and the Union shall maintain a National UPS/IBT
Safety and Health Committee. The Committee shall be governed by
the terms of this Agreement and by an agreed to set of rules of
procedure.
It is the responsibility of the Committee to provide guidance and rec-
ommendations on all factual issues, involving safety and health (in-
cluding ergonomic issues) and equipment, affecting employees cov-
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Article 18
ered by the National Master United Parcel Service Agreement. The
Committee is also charged with the responsibility to review and ap-
prove the development and implementation of the CHSP. At the dis-
cretion of the chairmen, it may also consider any subject pertaining
to the safety and health of the employees covered by this Agreement
whichitdeemssignicant.SuchCommitteeshallconveneonareg-
ular basis, with an agenda to be agreed to by the respective chairmen.
As agreed by the chairmen, the Committee may establish such sub-
committees as it deems necessary to address matters affecting safe-
ty and health.
Section 20.2— National UPS/IBT Safety and Health
Grievance Committee
The Committee shall also serve as the National UPS/IBT Safety
and Health Grievance Committee. All interpretations and grievanc-
es, of a factual nature, arising under but not limited to Articles 18
and 35 of the National Master UPS Agreement shall be heard by the
Committee, pursuant to Article 8, of the National Master UPS
Agreement, and the rules of the National Grievance Committee.
DecisionsofthisCommitteeshallbenalandbindingonallpar-
ties. Cases that are deadlocked by the Committee, unless called to
the National Grievance Committee by mutual agreement of the Na-
tional Chairpersons, may proceed to arbitration.
The Committee shall meet in conjunction with the National Griev-
ance Panel to resolve all cases on its agenda.
Section 20.3 Climatic Conditions Committee
The National UPS/IBT Safety and Health Committee is also re-
sponsible for the Climatic Conditions Committee, formulated to
review severe climatic conditions that may seriously affect employ-
ees in different geographic areas.
The Committee shall have the authority to resolve factual issues
beforeitanditsdecisionwillbenalandbinding.Casesthatare
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Article 18
deadlocked by the committee shall be referred to the National
Grievance Committee.
Section 20.4 Safety and Health Committees
There shall be Safety and Health Committees to cover all full-time
and part-time employees. There shall be one (1) committee per
Centerunlessthenumberofemployeesand/orjobclassications
within a center dictate the establishment of more than one (1) com-
mittee. The respective committees will be comprised of a mutually
agreed to number of bargaining unit representatives and up to an
equal number of management representatives.
Recognizing the importance of the role of the Safety and Health
Committees in resolving the issues of safety, the Employer and the
Unionreafrmtheircommitmenttotheactiveinvolvementofthe
Committees in such processes, in accordance with the terms of this
Article.
The Local Union shall approve the bargaining unit members who
serve on these Committees. The Union co-chair of the committee(s)
shall be selected by the bargaining unit members of the committee.
In the event that a Local Union desires to cease participation in the
safety committees, prior approval must be authorized by the Union
Co-Chair of the Teamsters United Parcel Service National Negoti-
ating Committee who shall also inform the Employer’s President of
Labor Relations of the request.
Bothpartiesrecognizeandreafrmtheimportanceofmaintaining
properly functioning Safety and Health Committees and shall make
a good faith effort to work out any differences prior to requesting
authorization to cease participation.
Bargaining unit members may not perform Safety Committee ob-
servations or access personnel records of fellow bargaining unit
members that can be interpreted as being a management role. Safe-
ty Committee observations shall only be performed to further the
purposesofthatCommitteeasdenedinthissectionandtopro-
mote a safer work environment. Activities will be reviewed with
the Local Union. Under no circumstances can the results of a Safe-
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Article 18
ty Committee observation be used in any level of discipline, nor
reference any individual bargaining unit member.
Each committee shall meet at least once each month at a mutually
agreeable time and place. The Employer shall provide committee
members with adequate time to perform committee functions, as
described in paragraphs 1 through 7 below.
Each committee shall perform functions including, but not limited to:
1. Creating sub-committees, on an as needed basis, to investigate
specicissuesofsafetyandhealthconcern.Thesecommitteesshall
report to the full committee.
2. Developing and maintaining minutes for all meetings, with cop-
ies to all committee members and posted on designated safety bul-
letin boards.
3. Conducting periodic inspections of the facility to ensure that there
is a safe, healthful and sanitary working environment in each center.
4. Accompanying governmental, union, and/or Company health
and safety professionals on facility inspection tours. The Employer
may limit the number of bargaining unit members of the committee
accompanying such an inspection tour.
5. Receiving information pertaining to lost workday injury/acci-
dent causes and review results of the investigation of such injuries/
accidents.
6. Receiving copies of the center’s OSHA Illness and Injury logs
and the facility’s man-hours.
7. Receiving the Company sponsored training to enable committee
members to effectively perform their respective functions as safety
and health committee members.
Any information provided to a CHSP committee will not be shared
outside the committee without the Employer’s consent.
- 71 -
Article 18
If the committee is unable to resolve a safety and health concern
and all steps of the Comprehensive Health and Safety Process
(CHSP) have been exhausted, the issue will be subject to the griev-
ance procedure.
Section 21. Hazardous Materials Handling Program
The Employer and the Union in compliance with the Occupational
Safety and Health Administration (OSHA) have developed a com-
prehensive program to deal with hazardous material spills, the UPS
Damaged Package Response procedure. As a result of the Agree-
ment, the Employer developed a training program for individuals
who are responsible for responding to spills of hazardous materials.
The Employer agrees to:
1. Provide twelve (12) hours of training, and the proper equipment,
to those employees involved in the clean-up of hazardous material
spills. All designated responders, when positions become open, will
be selected in seniority order. The Employer will allow rst re-
sponders to resign their position with written notice given at least
ninety(90)dayspriortotheirannualcertication.Theresignation
will become effective upon the identication and completion of
training of a replacement. The training of the identied replace-
ment shall not exceed ninety (90) days. The Employer may disqual-
ify such employees from holding the position of designated re-
sponder for a period of one (1) year.
2. Provide one (1) hour of awareness training to every employee
who handles packages potentially containing hazardous materials.
3. Conduct training for new employees during orientations and for
current employees during normal working hours, with all employ-
ees compensated at the appropriate rate of pay.
4.Providethenecessarymedicalexaminationfordesignatedrst
responders at no cost to the employee.
5. Provide annual refresher training to all employees.
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Article 18
6. Comply with all applicable state and federal OSHA regulations
regarding hazardous materials.
7. Identify, process and store all hazardous type waste, resulting
from spilled or leaking packages, in accordance with all applicable
federal, state and local laws. Processing of hazardous material
spills will be initiated and completed as soon as practicable, but in
all events prior to the hazmat responder being assigned to other
non-hazmat duties or completing their shift. The Employer desig-
nated processing area will be properly ventilated.
8. Conduct emergency evacuation drills on an annual basis.
9. The Employer will hold meetings, with the designated respond-
ers, on a scheduled basis, and when necessary will hold special
meetings, to discuss and resolve problems or concerns related to
hazardous material handling, clean-up and storage of hazardous
materials. The Employer agrees to resolve any problems or con-
cerns as expeditiously as possible.
The National UPS/IBT Safety and Health Committee is also re-
sponsible for an Occupational Safety and Health Subcommittee to
provide training recommendations for handling hazardous materi-
als, toxic and other harmful substances for appropriate bargaining
unit employees.
This Committee shall function as part of the National UPS/IBT Safe-
ty and Health Committee and shall review UPS hazardous materials
training programs and make recommendations for improvements in:
1. Training course content, material and frequency.
2. Equipment needed.
3. Other related issues deemed appropriate by the Committee. Fail-
ure of the subcommittee or the National UPS/IBT Safety and
Health Committee to reach an agreement will result in the unre-
solved issue being processed under the National Grievance proce-
dure rules.
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Article 18
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, in-
compatible, or over 70lb packages be comingled with regular pack-
ages on a moving belt or slide.
Section 23. Union Liability
Nothing in the Agreement or its Supplements relating to health,
safety or training rules or regulations shall create or be construed to
create any liability or responsibility on behalf of the Union for any
injury or accident to any employee or any person or does the Union
assume any such liability or responsibility.
The Employer will not commence legal action against the Union,
on a subrogation theory, contribution theory, or otherwise, as a re-
sult of the Union’s negotiation of safety standards contained in this
Agreement or failure to properly investigate or follow-up Employ-
er compliance with those safety standards.
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 impedi-
ments created by placed or fallen packages are minimized. The Em-
ployer 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
The Employer shall have the right to implement and/or maintain
building inbound and outbound security procedures on a local ba-
sis. The Employer shall meet with the applicable local union(s) to
review and discuss the procedures prior to any new implementa-
tion.
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Article 18
Section 26. Recording Devices
In facilities where video surveillance equipment is maintained, the
Employer shall post a sign identifying the presence of video sur-
veillance where employees enter the facility.
Section 27. Heat-related Injury and Illness Prevention
The Employer shall establish and implement a heat illness preven-
tion plan. The plan shall be made available for viewing by employ-
ees 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sufcient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
sufcient 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.
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 em-
- 75 -
Article 18
ployees shall be able to call for emergency services when no desig-
nated employee is available.
6. Provide a graduated workload to new Employees for purposes of
acclimatizationfortherstve(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 circu-
lation throughout the buildings during the 2023-2028 CBA.
8. Install additional (minimum of 2,500) water fountains through-
out 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 meetings (PCM) 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
The Employer agrees to supply and provide suitable space for the
Union bulletin board in each center, hub, or place of work. Postings
bytheUniononsuchboardaretobeconnedtoofcialbusiness
oftheUnionandontheUnion’sofcialletterheadorTITANS.In
each package center there shall be a covered bulletin board. Union
Stewards shall have a key for the Union bulletin boards. The Em-
ployer shall not remove, tamper with or alter any notice posted by
the Union unless such notice is harmful to the Employer. Any such
notice removed by the Employer shall be re-posted if the Union’s
position is sustained through the grievance procedure.
- 76 -
Article 20
ARTICLE 20. EXAMINATION AND
IDENTIFICATION FEES
Section 1. Required Examination
Physical, mental or other examinations required by a government
body or the Employer shall be promptly complied with by all em-
ployees; provided, however, the Employer shall not pay for any
time spent in the case of applicants for jobs, but shall be responsible
to other employees only for time spent at the place of examination
or examinations where the time spent by the employee exceeds two
(2) hours, and in that case only for those hours in excess of said two
(2). Examinations are to be taken at the employee’s home area and
are not to exceed one (1) in any one (1) year, unless the employee
has suffered serious injury or illness within the year. Employees
will not be required to take examinations during their working
hours, unless paid by the Employer for all time spent. Employees
shall be given reasonable notice of dates of examinations.
For those drivers subject to DOT regulations who possess a valid
medicalcerticatefromadesignatedDOTprovider,theEmployer
shall pay for any additional physical, mental, or other examinations
required by the Employer to conrm the validity of the medical
certicate.
Section 2. Return to Work Examination
It is understood by the Employer and the Union that once an em-
ployeenotiestheEmployerthattheyhavebeenreleasedtoreturn
to work by the employee’s doctor, the Company doctor must exam-
ine the employee within three (3) working days from the time the
employee brings the return-to-work slip to the Employer.
Section 3. Third Doctor Procedure
The Employer reserves the right to select its own medical examiner
or doctor and the Union may, if it believes an injustice has been
done an employee, have said employee re-examined at the employ-
ee’s expense. If the two (2) doctors disagree, the Employer and the
Union shall mutually agree upon a third (3rd) doctor within ten (10)
workingdays,whosedecisionshallbenalandbindingontheEm-
- 77 -
Article 20
ployer, the Union and the employee. Neither the Employer nor the
Union will attempt to circumvent the decision of the third (3rd)
doctor and the expense of the third doctor shall be equally divided
between the Employer and the Union.
If the third (3rd) doctor agrees that the employee should be returned
to work, the employee shall be reimbursed at their daily guarantee,
less any other monies received back to the date of the examination
by the Company doctor. It shall exclude any time the employee was
not available for examination or work.
Section 4. Disqualied Driver—Alternative Work
Except as provided for in Article 16, a driver who is judged medi-
callyunqualiedtodrive,butisconsideredphysicallytandqual-
iedtoperformotherinsidejobs,willbeaffordedtheopportunity
to displace the least senior full-time or part-time inside employee at
such work until they can return to their driving job unless otherwise
provided for in the Supplements, Riders or Addenda. The employee
shall receive the appropriate rate of pay for the job performed based
on their seniority or current area practice. If no full-time inside po-
sition is available, the Employer will meet with the Local Union to
develop a full-time position, if possible out of available work.
In addition to those already covered by this section, disqualied
drivers who are actively pursuing a waiver or exemption with the
DOT may work inside pursuant to this section if there is a reason-
able expectation that their waiver/exemption will be granted.
Section 5. Identication
ShouldtheEmployernditnecessarytorequireemployeestocar-
ryorrecordfullpersonalidentication,suchrequirementsshallbe
complied with by the employees. The cost of such personal identi-
cationshallbebornebytheEmployer.Employees,otherthanap-
plicants, 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 re-
certicationbadge.ProvisionsinSupplements,RidersorAddenda
that are superior shall prevail.
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Article 20
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
AnyemployeememberoftheUnionactinginanyofcialcapacity
whatsoevershallnotbediscriminatedagainstforactsassuchof-
cer of the Union so long as such acts do not interfere with the con-
duct of the Employer’s business, nor shall there be any discrimina-
tion against any employee because of union membership or
activities. Any employee shall have the right to wear a Union pin
where there is a practice affording such a right.
ARTICLE 22. FULL-TIME COMBINATION AND
PART-TIME EMPLOYEES
Section 1.
No part-time employee shall drive except:
(a) when no full-time employee or combination full-time employee
is on the premises;
(b) to avoid delay in the work; or,
(c) as provided for in Article 40 Air Operation.
Section 2.
The number of permanent full-time inside jobs in each Local Union
area as of April 30, 1979, shall be guaranteed from replacement by
part-time employees. In addition, the number of permanent full-
time inside jobs created after April 30, 1979, under the provisions
of Section 3 will also be guaranteed from replacement by part-time
employees.Theexceptiontotheabovewillbeincasesofbonade
agreementspriortotheraticationofthisAgreement.
- 79 -
Article 22
Section 3.
The parties agree that providing part-time employees the opportunity
to become full-time employees is a priority of this Agreement. Ac-
cordingly, the Employer commits that during the life of this Agree-
ment,itwillofferpart-timeemployeestheopportunitytollatleast
twenty-twothousandvehundred(22,500)permanentfull-timejob
openings throughout its operations covered by this Agreement.
This commitment shall include the obligation to create at least sev-
enty-ve hundred (7500) new full-time jobs from existing part-
time jobs during the last three 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-vehundred(3500)inthefthyearofthisAgree-
ment. In creating these jobs, the Company shall be allowed up to
one and one half (1.5) hour gap between jobs in a workday notwith-
standing 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.
The number of full-time jobs created under Article 22, Section 3 of
the 1997-2002, the 2002-2008, the 2013-2018 and the 2018-2023
Agreementsshallnotbereduced.Withinsixty(60)daysoftherati-
cation of this Agreement the Employer shall provide the Internation-
al Teamsters Union a report detailing and identifying the full-time
jobs which will need to be maintained pursuant to this paragraph.
Section 4.
Part-timeemployeesshallbegiventheopportunitytoll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 proce-
dures in the applicable Supplement, Rider or Addendum:
TheEmployer willllallvacanciesand permanentnew jobsfor
part-time employees from the part-time selection list in all months
except November and December.
- 80 -
Article 22
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 Un-
loader.Employeesdonothavetherighttoselectanyspecic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.
Amaximumoftwenty-ve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.
Sections 5. Wages
(a) Part time Employees
(1) All part-time employees who have attained seniority as of Au-
gust 1, 2023 receive the following general wage increases for each
contract year. The total wage increase for each year will be as fol-
lows:
2023 twodollarsandseventy-vecents($2.75)
2024 seventy-vecents($0.75)
2025 seventy-vecents($0.75)
2026 one dollar ($1.00)
2027 twodollarsandtwenty-ve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 dol-
lar ($21.00) rate, the following one-time longevity increases shall
- 81 -
Article 22
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)—
ftycents($0.50)perhour
Ten(10)uptofteen(15)YOS—
one dollar ($1.00) per hour
Overfteen(15)YOS—
onedollarandfty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, effec-
tive August 1, 2023 the employee will receive the two dollar and
seventy-vecent($2.75)generalwageincreaseandtheonedollar
andftycent($1.50)perhourlongevitywageincreasebasedonthe
accrued twenty-two (22) years of service.
(b) Newly hired part-time employees
All part-time employees, who are hired or reach seniority after Au-
gust 1, 2023 will be paid according to the following progression:
Start $21.00
Twelve (12) months $21.50
Twenty-four (24) months $22.00
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 al-
ready 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.
- 82 -
Article 22
(d) All part-time employees governed by this Article shall be pro-
vided 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 Employ-
er. 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
fty(50)milesapart. The 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Classication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benetsinclud-
ing, 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 em-
ployee has been transferred to that location.
- 83 -
Article 22
Section 7. Benet Entitlements
Part-time employees hired after August 1, 2008 will receive holi-
days, personal days and option days provided by any applicable
Supplement, rider, or Addendum no earlier than after one (1) year
of active employment. This provision supersedes any provision on
the same subject in any Supplement, Rider, or Addendum to the
extent the provision makes holidays, personal days or option days
available earlier than after one (1) year of service.
Section 8. Part-Time UPS Cartage Services, Inc. (CSI)
Employees
New part-time dock CSI employees and those in progression at rat-
icationshallbepaidinaccordancewithSection5(b)above.To
the extent a part-time CSI employee has completed (or subsequent-
ly completes) any progression set forth in the applicable Adden-
dum, they shall thereafter be entitled to the general wage increases
set forth in Section 5(a) above. This Section shall supersede any
contrary provision in any CSI Addenda.
ARTICLE 23. SEPARATION OF EMPLOYMENT
Upon discharge, the Employer shall pay all money due to the em-
ployeeduringtherst(1st)payrolldepartmentworkingday.Upon
quitting, the Employer shall pay all money due to the employee on
the payday in the week following such quitting.
ARTICLE 24. INSPECTION PRIVILEGES
Authorized agents of the Union shall have access to the Employer’s
establishment during working hours for the purpose of adjusting dis-
putes, investigating working conditions, collection of dues, and as-
certaining that this Agreement is being adhered to, provided, howev-
er, that there is no interruption of the Employer’s working schedule.
The Employer agrees that in situations where a specic form of
identicationmayberequiredbylawtoaccessalocation,itwill
- 84 -
Article 24
assisttheLocalUnioninobtainingsuchidenticationsoastoper-
form their duties consistent with this Article.
ARTICLE 25. SEPARABILITY AND SAVINGS
If any article or section of this Agreement or Supplements, Riders or
Addenda, hereto, be held invalid by operation of law or by any tribu-
nal of competent jurisdiction, or if compliance with or en forcement
of any article or section should be restrained by such tribunal pending
analdeterminationastoitsvalidity,theremainderofthisAgree-
ment and Supplements, Riders or Addenda, hereto, or the application
of such article or section to persons or circumstances other than those
as to which it has been held invalid or as to which compliance with
or enforcement of has been restrained, shall not be affected thereby.
In the event that any article or section is held invalid or enforcement
of or compliance with which has been restrained, as above set forth,
the parties affected thereby shall enter into immediate collective
bargaining negotiations after receipt of written notice of the desired
amendments by either the Employer or the Union for the purpose of
arriving at a mutually satisfactory replacement of such article or sec-
tion during the period of invalidity or restraint. There shall be no
limitations of time for such written notice. If the parties do not agree
on a mutually satisfactory replacement within sixty (60) days after
receipt of the stated written notice, either party shall be permitted all
legal and economic recourse in support of its demands notwith-
standing any provisions of this Agreement to the contrary.
ARTICLE 26. COMPETITION
Section 1.
The Union recognizes that the Employer is in direct competition
withtheUnitedStatesPostalServiceandotherrms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 bar-
gaining unit jobs, it is agreed that any provisions in this Agreement
to the contrary notwithstanding, the Employer:
- 85 -
Article 26
(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classicationwillbelaidoffordisplacedfroma
feederclassication 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nal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 compa-
ny’s service commitment. In these cases, every effort will be made
to use UPS employees. The destination Local Union will be noti-
edifUPSemployeescannotbeused.
In order to expand the work opportunities for members of the bar-
gaining unit, the Employer will consider removing additional loads
from the railroad or the other substitute means of transportation
speciedinthisArticle.WhentheEmployer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ratication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 pro-
posed enhancements without the approval of the Premium Services
Committee. Agreement on plans shall not be unreasonably withheld.
Temporary shall be limited to six (6) months unless there are cir-
cumstances beyond the Company’s control. The six (6) month peri-
od will not be exceeded unless the UPS President of Labor Rela-
tions 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
- 86 -
Article 26
operated by bargaining unit members. If the equipment or employ-
ees are not available, the Employer may use subcontractors for a
reasonable start-up period, not to exceed thirty (30) days. The sub-
contracting 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 obliga-
tion 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 ef-
fort, in accordance with the appropriate Supplement, Rider or Ad-
dendum,tousecurrentUPSemployeesandhireasufcientnumber
of employees to handle peak volume. After doing so, the Employer
may use alternate means of transporting packages during peak sea-
son 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 their bid run at
Peak and have that same route covered by an outside trucking car-
rier. Rescheduled routes which may be covered by an outside carri-
er 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 subse-
quent alterations to the plan which shall also be reviewed with the
Union.
The Company will establish designated areas year-round for out-
side 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 reason-
able amount of time, not to exceed one (1) hour after their arrival
time. From the Monday prior to Thanksgiving until December
30th, outside carriers shall not exceed four (4) hours on property. If
- 87 -
Article 26
a contractor exceeds the timelines, they must leave the UPS proper-
ty. 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 benet or agreement in any Supplement,
Rider or Addendum.
No package car driver shall be forced to use 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 loca-
tions 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 Em-
ployermaynotsubcontractworkinthefeederclassicationifany
employeeontheapplicablefeederboardwhoisqualiedtoper-
form such work is available to cover the work, is displaced from the
classication,orisonlayoff.
(e) The Employer may transition to a seven (7) day delivery opera-
tionatlocationsthatcurrentlyonlyutilizeve(5)orsix(6)dayop-
erations. The Employer agrees that prior to any transition to a seven
(7) day operation, it shall notify the Package Division and the affect-
edLocalUnion(s)inwritingwiththespecic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 Em-
ployer 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 unre-
solved issues, if any. This meeting shall be completed where practical
- 88 -
Article 26
atleastforty-ve(45)dayspriortotheimplementationoftheseven
(7) day operation. The seven (7) day operation may not be imple-
mented until the forty (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 re-
quested meeting. Any unresolved issues which have been reduced to
writing, will be resolved pursuant to Article 8.
(f) Notwithstanding any Supplement, Rider or Addendum, the pro-
visions 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. Ex-
isting 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 in-
side 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classi-
cations (e.g., regular, temporary or utility drivers) shall, however,
maintaintherst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 No-
vember 15th and December 26th each year. Seasonal support driv-
ers will be part-time seasonal hires, W-2 employees and Union
members in accordance with Article 3, Section 2. The Union shall
- 89 -
Article 26
be provided access to these employees for the purpose of encourag-
ing them to join the Union. These employees will receive a three (3)
hour daily guarantee. Such employees shall be entitled to all privi-
legesandbenetsthatmaybeprovidedintheapplicableSupple-
ment, 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 dimin-
ish 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 Com-
mittee shall meet upon written request by either party for the pur-
pose 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 Em-
ployer to offer or maintain any particular service or product.
Section 3.
Notwithstanding any other provision of the Agreement or any Sup-
plement, Rider or Addendum, only the Local Union with jurisdic-
tion in the geographic area in which a subcontracted feeder move-
ment originates or the Teamsters United Parcel Service National
NegotiatingCommitteeinitsownnameshallhavetherighttole
or pursue a grievance alleging that the movement is a contractual
violation. The destination Local Union shall also have the right to
leagrievanceprotestingasubcontractedmovement.IftheLocal
Unionwherethemovementoriginatedlesagrievanceontherun
it shall take priority over any other grievance.
- 90 -
Article 26
Section 4. Surepost
1) In order to retain existing commercial customers that are solic-
ited 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) cubic feet in
size, in accordance with paragraph (2) below. The Company shall
employ technology, prior to the applicable preload operation,
whichidentiespackagesinexcessoften(10)poundsortwo(2)
cubic feet shipped via Surepost, so that they are redirected to bar-
gaining unit drivers. Further, UPS agrees that 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 resi-
dential customer. The Company agrees that it will not use Surepost
as a basis to diminish the size of the bargaining unit. Notwith-
standing any provision to the contrary, UPS agrees that it will in-
crease, as provided below, the number of Surepost packages redi-
rected to the bargaining unit on a contract year basis as measured
by the national average daily volume (ADV). The redirected vol-
ume will be increased by two (2) percent as compared to the na-
tional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 fol-
lows: 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identies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 package(s) will be delivered by
package drivers. The Company will maintain and update the tech-
nologythatidentiesmultipleaddressesincloseproximity,dened
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
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Article 26
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 eco-
nomically 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 un-
less 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 representa-
tive to suspend its operation. The UPS President of Labor Rela-
tions, or their designee, will provide written notice to the Union’s
Director of the Package Division of the building in which the deac-
tivation 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nalmiledeliv-
ery. Any issues or disputes related to the Surepost service that
cannot be resolved by the Competition Committee shall be re-
ferred directly to the Chairs of the Union and the UPS National
Negotiating Committees for discussion and resolution. In addi-
tion, the Union may notify the Employer of any opportunities to
include additional addresses.
(4)Ifadriverorinsideemployeeidentiesapackagedesignated
for Surepost that is clearly more than ten (10) pounds and/or larg-
er than two (2) cubic feet, the package shall be removed from the
system and redirected for delivery by a package driver unless the
Employercannotdelivertothespecied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identied,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.
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Article 26
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 pack-
age drivers except at Peak. With prior approval of the Company’s
President of Labor Relations and the Teamster’s Package Divi-
sion 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rst
solicit volunteers to work in excess of sixty (60) hours from all
packagecardriversinthecenter.Ifsufcientvolunteerscannot
be obtained to cover the over sixty (60) work hours, the Company
willrstforceseasonalpackagecardrivers,non-senioritypack-
age car drivers, and then part-time cover driver classications.
Any regular package car driver who volunteers to work over sixty
(60) hours in a week pursuant to this paragraph will be compen-
sated at double-time for those hours. This paragraph supersedes
any provision in any Supplement, Rider or Addendum which ad-
dresses this subject. This Section is not intended to give the Com-
pany the right to force seniority package car drivers to work on a
weekend unless permitted by the applicable Supplement, Rider or
Addendum.
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signicantlyadverseeffectonthenancialstructureoftheEm-
ployer, during the life of this Agreement, either party may reopen
the same upon sixty (60) days’ written notice and request renegoti-
ation 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 govern-
mental 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
- 93 -
Article 27
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ve (5)businessdaysof
either party serving notice under this section. However, there shall
benomodicationsofthisAgreementunderthisprovisionwithout
approval of the Teamsters UPS National Negotiating Committee.
ARTICLE 28. SYMPATHETIC ACTION
In the event of a labor dispute between the Employer, party to this
Agreement, and any International Brotherhood of Teamsters’
Union, parties to this or any other International Brotherhood of
Teamsters’ Agreement, during the course of which dispute such
Union engages in lawful economic activities which are not in vio-
lationofthisorsuchotheragreement,thenanyotherafliateofthe
International Brotherhood of Teamsters, having an agreement with
such Employer, shall have the right only if sanctioned pursuant to
the procedures of the International Constitution, and only after re-
ceiving such sanctions, to engage in lawful economic activity
against such Employer in support of the above rst mentioned
Union notwithstanding anything to the contrary in this Agreement
or the International Brotherhood of Teamsters’ Agreement between
suchEmployerandsuchotherafliate.
ARTICLE 29.
Section 1. Jury Duty
When seniority employees are called for jury duty service, they
shall be excused from their regular duties on the days they are re-
quired to appear in court or comply with jury rules that prevent
them from reporting for work. For any regularly scheduled work-
day in which time off for such jury service is granted, full-time
employees shall be paid their guarantee and the part-time employee
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Article 29
shall receive four (4) hours’ pay at their straight-time hourly rate,
lessanyamountreceivedasajurydutyfeeifsuchfeesaredened
as wages under applicable laws. The employee shall be required,
however, to turn over to the Employer adequate proof of their jury
duty service and compensation, if any, in order to receive the com-
pensation above provided.
Employees who are scheduled to work a day shift shall not be required
to report for work on any day they are required to report for jury duty
unless released from jury duty not less than six (6) hours prior to the
end of their regularly scheduled shift, in which event they will be al-
lowed two (2) hours from the time they are released from jury duty to
report and work the remainder of their regularly scheduled shift.
Employees scheduled to work any shift other than the day shift
shall not be required to report to work on any day they are required
to report for jury duty unless they have been released from jury
duty not less than four (4) hours prior to the start time of their reg-
ular shift and provided further they would complete such shift not
less than ten (10) hours prior to the time they are required to report
for jury duty the next/following day. Notwithstanding the above, no
employee, working other than a day shift, will be required to report
to work on a night if they have served jury duty that day and that
service prevents them from reporting for work. An employee’s
schedule will be adjusted by the Employer when possible to avoid
a situation in which the employee otherwise misses more than one
day of work for any day of jury duty.
In the event an employee returns to work after being released from
jury duty and works beyond their regularly scheduled work day
such hours worked shall be compensated for at the applicable over-
time rate of pay.
An employee who is required to report for jury duty during a week
of previously scheduled vacation may select another available
week of vacation.
Time spent on jury duty service will be considered time worked for
purposes of Employer contributions to health & welfare and pen-
- 95 -
Article 29
sion plans, vacation eligibility and payment, holidays and seniority,
in accordance with the applicable provisions of the Supplemental
Agreements, Riders and Addenda.
The language contained in this Article will supersede any provision
in any Supplement, Rider or Addendum.
Section 2. Funeral Leave
In the event of a death of a member of the employee’s family, a
seniority employee shall be allowed a reasonable time off to attend
the funeral or other bereavement rite.
Members of the employee’s family means spouse, child, or step-
child, grandchild, father, mother, brother, sister, grandparents,
mother-in-law and father-in-law and step-parents.
A regular full-time employee shall be guaranteed two (2) days off
to be taken between the day of death and two (2) working days
following the funeral provided the employee attends the funeral
or other bereavement rite. In cases involving the funeral of a rel-
ative listed in paragraph 2 above, an employee who attends the
funeral or bereavement rite is guaranteed a minimum of two (2)
days off.
An employee shall be allowed one (1) day off to attend the funeral
or other bereavement rite of a sister-in-law, spouse’s grandparent or
a brother-in-law. Reimbursement for this day shall be the same as
provided below.
Time off shall not extend beyond the day of the funeral unless an
additional day is required for travel, except as provided above. In
no event will total compensated time off exceed four (4) scheduled
work days. The employee will be reimbursed at eight (8) times the
employee‘s straight-time hourly rate for each day lost from work
forthoseemployeeswhoseregularscheduledworkweekisve(5)
days, and ten (10) times the straight-time hourly rate for those em-
ployees whose regular scheduled workweek is four (4) days. Part-
timeemployeeswillreceivethesamebenetsasabove,paidatfour
(4) times the employee’s hourly rate. Better conditions contained in
- 96 -
Article 29
Supplements, Riders or Addenda will be maintained by present em-
ployees. All employees hired after July 2, 1982 will be covered by
the above language.
Section 3. Tax Deferred Savings Plan 401(k)
The Employer and the Union agree to continue the Teamster UPS
National 401(k) Tax Deferred Savings Plan. The Employer shall
pay the record-keeping expense for the Plan.
It is further agreed, by the Union and the Employer, that the Em-
ployer shall withhold from an employee’s earnings, amounts mutu-
ally agreed between the Employer and the employee, and deposit
such monies into a 401(k) account in the employee’s name in com-
pliance with the Internal Revenue Code and E.R.I.S.A.
This Plan will be jointly administered by the Union and the Em-
ployer.
Section 4. Martin Luther King Jr. Holiday
The Martin Luther King Jr. holiday will be added as a named holi-
dayintheSupplements,RidersorAddenda,effectiveuponratica-
tion of this Agreement.
ARTICLE 30. JURISDICTIONAL DISPUTES
In the event that any dispute should arise between any Local
Unions party to this Agreement or between any Local Union party
to this Agreement and any other Union, relating to jurisdiction
over employees or operations covered by this Agreement, the Em-
ployer agrees to accept and comply with the decision or settle-
ment of the Unions or Union tribunals which have the authority to
determine such dispute. The parties do not intend by this para-
graph to take away the Employer’s right to designate the home
domicile of their employees; provided, however, that any employ-
ees adversely affected shall have recourse to the grievance proce-
dure. The Employer further agrees that prior to the change of the
domicile of any of its employees, it shall so notify the Unions di-
rectly involved.
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Article 31
ARTICLE 31. GARNISHMENTS
In the event of notice to the Employer that a court order has been
issued requiring the Employer to withhold a percentage of an em-
ployee’s wages to satisfy a garnishment, the Employer may take
disciplinary action if the employee fails to satisfy such garnishment
or wage assignment within a seventy-two (72) hour period after
notice to the employee that the Employer is considering disci-
plinary action. However, the Employer may not discharge any em-
ployee by reason of the fact that their earnings have been subjected
to garnishment or wage assignment for any one (1) indebtedness.
An employee may be suspended by reason of the fact that their
earnings have been subjected to garnishment or wage assignment
for any one (1) indebtedness, but any such suspension must be for
axed,statedperiodoftime.
IftheEmployerisnotiedofthree(3)garnishmentsorwageas-
signments for more than one (1) debt, irrespective of whether satis-
ed bytheemployee within a seventy-two(72)hour period, the
employee may be subjected to discipline. However, the employee
may not be discharged upon notice of a third (3rd) garnishment,
under this provision, unless and until the Employer has actually
begun withholding the employee’s wages on a second (2nd) debt. If
the Employer has an established practice of discipline or discharge
with a fewer number of garnishments or wage assignments, or im-
pending garnishments or wage assignments, and if the employee
fails to adjust the matter within the seventy-two (72) hour period,
such past practice shall be applicable, provided it does not result in
the discharge of an employee prior to the actual withholding of the
employee’s wages for a second (2nd) debt.
A garnishment for child support or alimony shall not be considered
a debt for purposes of discipline.
The Employer shall comply with federal, state and local law in en-
forcing the provisions of this Article. Discipline or discharge pursu-
ant to this Article shall be reasonable and nondiscriminatory.
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Article 32
ARTICLE 32. SUBCONTRACTING
For the purpose of preserving work and job opportunities for the
employees covered by this Agreement, the Employer agrees that no
work or services of the kind, nature or type, and including new
operations or buildings, covered by, presently performed, or hereaf-
ter assigned to the collective bargaining unit will be subcontracted,
transferred, leased, assigned or conveyed in whole or in part to any
other plant, person or non-unit employees, unless otherwise provid-
ed in this Agreement. The Employer may not subcontract work in
anyclassicationfor thepurposeof avoidingovertime.TheEm-
ployermaynot subcontractworkin anyclassicationifanyem-
ployee who normally performs such work is on layoff.
The number of car washer and porter jobs in the bargaining unit as
of July 31, 1990 shall be guaranteed from replacement by the Em-
ployer subcontracting this work. It is further agreed that additions
to the workforce in areas that currently have bargaining unit em-
ployees performing this work shall become bargaining unit mem-
bers covered under this Agreement.
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 Ur-
ban 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”.
- 99 -
Article 33
Effective August 1, 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 2024 (published
June 2024) and every May thereafter, and the base Index for May
2023 (published June 2023) 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, 2024 and every August 1 thereafter. These increases shall
onlybepayableiftheyequalvecents($.05)inayear.
All cost-of-living allowances paid under this Agreement will be-
comeandremainaxedpartofthebasewagerateforalljobclas-
sications.AdeclineintheIndexshallnotresultinthereductionof
classication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 gure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rst
(1st) 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 sub-
mitted to an arbitrator for determination. The arbitrator’s decision
shallbenalandbinding.
- 100 -
Article 34
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, 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 Supple-
ment, Rider or Addendum, the weekly health & welfare and pen-
sion contributions shall be allocated by the respective Joint Supple-
mental 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 ($0.50)
August 1, 2024 ($0.50)
August 1, 2025 ($0.50)
August 1, 2026 ($0.50)
August 1, 2027 ($0.50)
The rates shall be as follows for covered part-time employees:
August 1, 2023 (not to exceed $0.50)
August 1, 2024 (not to exceed $0.50)
August 1, 2025 (not to exceed $0.50)
August 1, 2026 (not to exceed $0.50)
August 1, 2027 (not to exceed $0.50)
2) 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.
(iii) [Reserved]
- 101 -
Article 34
(iv) The increases accrued under this Article on August 1st, of each
year, can only be allocated to health & welfare and/or pension ex-
cept as provided within this Article. Any dispute concerning the al-
location 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 gen-
eratesufcientsavingstocoverthecostoftheincreasedcontribu-
tions. Agreement shall not be unreasonably withheld. Once com-
pleted, 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 re-
quires 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rst
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.
(b) Monthly, daily and hourly health & welfare and pension contri-
butions shall be converted from the weekly rate increases in accor-
dance 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 merg-
er of funds) for full-time and/or part-time employees in all Supple-
ments, Riders and Addenda where the Employer was making con-
tributions for full-time and/or part-time employees on May 1, 1982,
- 102 -
Article 34
unless stated to the contrary in this Article or changes placing these
employees in UPS plans are negotiated and agreed to by the Na-
tional Negotiating Committee.
(d) In those Supplements, Riders and Addenda where the Employer
wasprovidinghealth&welfareand/orpensionbenetcoverageto
employees (either full-time or part-time) on May 1, 1982, the Em-
ployer will continue to provide health & welfare and/or pension
benet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speciedotherwiseintheapplica-
ble 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 delet-
ed from the Supplements, Riders and Addenda because the Compa-
ny will no longer be providing medical coverage after December
31, 2013.
(f)TheagreementsonMaintenanceofBenetsforTeamsterHealth
and Welfare Plans in the Western Region of Teamsters Supplemen-
tal Agreement and in the Northern California Supplement Agree-
ment 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Benetincreasesshallbeallocatedas
follows: the hourly increase in Health and Welfare in each year of
thecontractnecessarytomaintainbenetswillbedeterminedby
the Trustees of each individual Health & Welfare Plan. The remain-
der of the contribution increase set forth in Section 1.(a), if any, will
be paid into pension. The Employer’s total annual increase in con-
tributions 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.
- 103 -
Article 34
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 sub-
ject 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, 2023 an
amount greater than the amount it contributed on July 31, 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 docu-
ment. The only exception to the above is the Maintenance of Bene-
ts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ramications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 ramications on the provi-
sions of this Article.
(i) UPS Part-time Pension Plan
(1) The UPS Pension Plan will be improved to provide monthly
benetsforpart-timeemployeesnotcoveredbyTeamsterPension
Plansasfollows:ThebenetformulaintheUPSPensionPlanfor
current or future part-time employees who are participants will be
increasedeffectiveAugust1,2004tofty-vedollars($55.00)for
each year of past and future Credited Service to a maximum of
thirty-ve(35) yearsofCreditedService.Thebenet 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benet,effectiveAugust1,2008tosixtydollars
($60.00) for each year of future Credited Service to a maximum of
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Article 34
35 years of Credited Service. If a participant is in Covered Employ-
ment on August 1, 2008, they shall receive the sixty dollars ($60.00)
benetformulafortheentire2008planyear.
EffectiveAugust1,2023thebenetformulaintheUPSPension
Planforcurrentorfutureemployeeswillbeincreasedtosixty-ve
dollars ($65.00) for each year of future Credited Service to a maxi-
mum of 35 years of Credited Service. If a participant is in Covered
EmploymentonAugust1,2023, theyshall receivethe sixty-ve
dollars($65.00)benetformulafortheentire2023planyear.
Thetotalmonthlyservicepensionbenetwillbeequaltothefol-
lowing provided the employee meets the Credited Service require-
ment.
$2450 for retirement at any age after 35 years of part-time
Credited Service
$2100 for retirement at any age after 30 years of part-time
Credited Service
$1750 for retirement at age 60 with 25 years of part-time
Credited Service
$1450 for retirement at any age with 25 years of part-time
Credited Service (based on $58.00 per year of Credited
Service)
(2) Part-time employees will receive one (1) year of Credited Ser-
vice for seven hundred fty (750) or more paid hours. (Six (6)
months of part-time Credited Service will be granted for three hun-
dred seventy-ve(375)tove hundred (500) hours worked in a
calendar year, and nine (9) months of part-time Credited Service
willbe grantedforvehundredone (501)to sevenhundredfor-
ty-nine (749) hours worked in a calendar year.) This paragraph will
also be applied to determine Credited Service for all full-time em-
ployees on the payroll on August 1, 2002 who were formerly par-
ticipants in the UPS Pension Plan.
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Article 34
(3) The Employer will be responsible for funding the UPS Pension
Planasrequiredtoprovidethebenets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-ve(25)oroldertopar-
ticipate 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
benet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 re-
quired to earn a vesting year from 750 to 375. This paragraph does
notchangehowbenet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 twen-
ty-six (26) weeks.
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Article 34
(2)Long-termdisabilitybenets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ve(5)years.Long-termdisabil-
itybenets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 denition 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 Au-
gust 1, 2004 for eligible employees who become disabled after that
date. However, pre-existing conditions will not affect the employ-
ee’s eligibility for LTD.
(6) In those situations where a Teamster Health and Welfare Fund
provides a short term disability benet, the employee receiving
suchbenet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 benets 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 benets under this Section based on a failure to
qualifyforSocialSecurityDisabilityBenets.
- 107 -
Article 34
(8) Notwithstanding any Supplement, Rider or Addendum all full-
time UPS CSI employees will be provided long term disability ben-
ets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 re-
quirements as that of a full-time employee in the same Supplement,
RiderorAddendumandataminimum,beat leastfty-ve (55)
yearsofagewithaminimumoftwenty-ve(25)yearsofpart-time
serviceasdened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ve
(5) years prior to retirement.
(3) A retiree’s legal spouse is also eligible for coverage if they are
noteligibleforMedicareandisunderagesixty-ve(65).
(4)CoverageandbenetlevelsshallbeasspeciedintheSumma-
ry Plan Description.
(5)Eligibilityforcoverageforretireeandspousebeginsontherst
(1st) day after the employee’s active coverage ends.
(6) For active retirees as of December 31, 2013, the contribution
ratesshallbeasspeciedintheSummaryPlanDescription.
(l) Jointly Trusteed UPS/IBT Full-Time Pension Fund
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Article 34
The following provisions pertain to the UPS/IBT Full-Time Em-
ployee 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 employ-
ees who would have participated in the CS Plan absent this agree-
ment 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 estab-
lished a new, single employer, jointly trusteed and administered de-
nedbenet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benetaccrualsundertheCSPlan.
(2)Thebenet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 Employ-
mentonoraftertheeffectivedate)uptoamaximumofthirty-ve
(35) years of Credited Service (such limitation is only applicable to
servicepensions).Thisbenet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.Benetpaymentsmaybeginas
earlyasEarlyRetirementAge(age50with ve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benetsdescribedhereinunlessnegotiated
and agreed to by the Union.
CalendarYearBeginning MonthlyBenet
January 1, 2024 $185.00
January 1, 2025 $185.00
January 1, 2026 $185.00
January 1, 2027 $185.00
January 1, 2028 $185.00
(3)Eligibleemployeesbecomeparticipantsontherstdayofthe
month coincident with or immediately following the date the em-
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Article 34
ployee completes one year of service with 750 hours of service
(upon becoming a participant, service credit will accrue beginning
withtheveryrst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
benets are payable unless the participant has at least 5 years of
vesting credit or has reached Normal Retirement Age while an em-
ployee. 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 employ-
ment records of the Employer or records of the CS Plan.
(4) Full-time employees will receive one (1) year of Credited Ser-
vice for each 1801 paid hours in Covered Employment in a calen-
dar year beginning on or after January 1, 2008. Employees will re-
ceive partial years of Credited Service in monthly increments (i.e.,
one month if employee worked 150 or more hours in Covered Em-
ployment 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 they have one hour of service in Covered
Employment. For service pensions only, if an employee has 0-19
weeks of service credit, they shall not receive any service credit for
that calendar year. If they have 20-39 weeks of service credit, the
amount of credit for that year will be equal to a fraction the numer-
ator 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 calen-
dar year, 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 benet provided in paragraph (2)
above,thereshall be aservicebenet payable aftertwenty (20),
twenty-ve(25),thirty(30)andthirty-ve(35)yearsoffull-time
service. There is a twenty (20) year benet for anyone who has
reached age 50 and the amount will vary based on the person’s age.
Thereisatwenty-ve(25)yearserviceretirementbenetforany-
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Article 34
onewhohastwenty-veyearsofserviceregardlessofage,which
shallbe$2,000permonthiflessthanage57whenbenetscom-
mence and $2,500 per month if at least 57 when benets com-
mence.Thebenetforthethirty(30)yearserviceretirementshall
be $3,400 per month regardless of the age of the retiring employee.
The benet for thirty-ve (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 ser-
vicepension,eligibilitycriteriaandhowthebenetsarecalculated.
Years of Service
Pension Credit Age Monthly Service
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.
Effective January 1, 2024, the following enhancements will be im-
plemented:
Years of Service
Pension Credit
Age Monthly Service Pension
35 years Any age $4,700
30 or more years Any age $4,200 plus $100/yr of service for
years over 30 up to $4,700
25 years 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
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Article 34
For employees who reach the following age and years of service
milestones on or before July 31, 2028, the following additional en-
hancements shall apply. These additional enhancements shall be-
comepartoftheemployee’svestedbenetandshallapplyevenif
the employee retires after July 31, 2028:
Years of Service
Pension Credit Age Monthly Service Pension
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 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benetsinthissectionandwill
offsetatNormalRetirementAgethebenetsaccruedfromtheCS
PlancommencingatNormalRetirementAge.Ifthebenet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benetorlumpsumdisabilitybenet(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 here-
in by reference.Any claims for benets 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.
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Article 34
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 Ad-
dendum, effective January 1, 2014 all full-time and part-time em-
ployees on the payroll at that time and those hired thereafter who
would have had health and welfare coverage provided by an Em-
ployer signatory to this Agreement will instead be provided cover-
age 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 Ad-
dendum. 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 Supple-
mentalprovisionswhichrequirepart-timebenetstobeequaltoor
thesameasfull-timemedicalbenets.
(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 pay-
roll as of or hired after August 1, 2018 after nine (9) months of ac-
tive employment.
(e) Any eligible employee covered by this Section who retires ef-
fective January 1, 2014 or thereafter shall be provided retiree med-
icalbenets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modiedtoprovideaonehun-
dred and ten dollar ($110.00) accrual effective January 1, 2019 for
all years accrued under the UPS Pension Plan.
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Article 34
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modiedtoprovideaonehun-
dredandtwenty-vedollar($125.00)accrualeffectiveJanuary1,
2024 for all years accrued under the UPS Pension Plan.
Section 4. Re-allocations of Contributions/Wages
The Teamsters UPS National Negotiating Committee may reallo-
cate designated increases in Health & Welfare and /or pension con-
tributions (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.
2.Twenty-ve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 em-
ployees (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.AspeciedHWPCcannotbere-allocatedtoaGWIifthepen-
sionfundhasbeencertiedasbeinginendangeredorcriticalstatus
(asdenedinERISAsection305(b)(1)or(b)(2).
5.
TheEmployermustbenotiedofanyre-allocation,inwriting,at
least thirty (30) days prior to the effective date of the GWI or
HWPC.
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Article 34
Section 5. Substitute Health Plan
In the event the Central States Southeast and Southwest Areas
HealthandWelfare Funddoesnot maintainthebenet coverage
and retiree contribution rate for retiree insurance (including spousal
coverage)ineffectonthedateofratication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
When an employee is required to appear in any court for the pur-
pose of testifying because of any accident the employee may have
been involved in during working hours, such employee shall be
reimbursed in full by the Employer for all earnings opportunity
lost because of such appearance. The Employer shall furnish em-
ployees who are involved in accidents during working hours with
bail bond and legal counsel and shall pay in full for same. Employ-
ees shall be compensated for time spent in jail at their regular rate
of pay. Said bail bond and legal counsel shall remain assigned to
the employee until all legal action in connection with said accident
is concluded, provided the employee is not charged and convicted
of criminal negligence. This Section shall not apply to employees
who are found guilty of drunken driving when involved in an acci-
dent during working hours. The Employer shall assume all respon-
sibility for all court costs, legal fees, and bail bond fees for any
employee who is involved in any accident or accidents during
working hours and shall assume all responsibility for all judg-
ments and awards against any employee who is involved in acci-
dents during working hours, which result through court action
against said employee, except as provided above. In case an em-
ployee shall be subpoenaed as a witness in a company-related
case, or as a result of their on duty observations of an accident not
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Article 35
involving a UPS vehicle, they shall be reimbursed for all time lost
and expenses incurred.
Section 2. Suspension or Revocation of License
In the event an employee shall suffer a suspension or revocation of
the right to drive the Employer’s equipment for any reason, the
employee must notify the Employer before their next report to
work. Failure to comply will subject the employee to disciplinary
action up to and including discharge in accordance with the proce-
dures set forth in the appropriate Supplement, Rider and Adden-
dum. (See also Article 16, Leave of Absence, Section 3.1.)
If such suspension or revocation comes as a result of the employee
complying with the Employer’s instruction, which results in a suc-
cession of size and weight penalties or because the employee com-
plies with the Employer’s instructions to drive Employer’s equip-
ment which is in violation of the Department of Transportation
regulations relating to equipment or because the Employer’s
equipment did not have either a speedometer or a tachometer in
properworkingorderandiftheemployeehasnotiedtheEmploy-
er of the citation for such violation as above mentioned, the Em-
ployer shall provide employment to such employee at not less than
the employee’s regular earnings at the time of such suspension for
the entire time period.
Section 3. Controlled Substances Testing
The parties have agreed that the procedures as set forth in Article
35, Section 3 shall be the methodology for all testing and will be
modiedonlyintheeventthatfurtherfederallegislationorDepart-
ment of Transportation regulations require revised testing method-
ologies or requirements during the term of this Agreement. To the
extent that a subject is not covered by this Article the appropriate
regulation shall control.
Should other categories, modications or types of testing be re-
quired by the government, the parties will meet as expeditiously as
possible to develop a mutually agreeable procedure.
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Article 35
The provisions of Article 16, Section 5 will apply to all employees
requesting enrollment in a rehabilitation program following a positive
drug test. Employees may use the United Parcel Service Employee
Assistance Program, a Union sponsored program, as well as any other
referral service in choosing an approved program for treatment.
Section 3.1 Employees Who Must Be Tested
UPS employees subject to Department of Transportation mandated
drug testing are drivers of vehicles with a vehicle weight rating
over 26,000 pounds, requiring a commercial driver license (CDL).
This includes mechanics and employees who relieve for vacations
or other temporary vacancies. Any employee who drives a trac-
tor-trailerandisonthequaliedfeederdriverlistisalsosubjectto
DOT mandated testing as provided in this Agreement.
In addition to testing mandated employees, controlled substance test-
ingwillbepartofpre-qualicationconditionsforfeederdriverem-
ployment, and those persons transferring to a feeder driver position.
Individuals who are on a “bid list” for tractor-trailer employment or
othersimilarclassicationtypejobsaresubjecttobeingtestedfor
controlled substances before being accepted into such a position.
Employees covered by this Collective Bargaining Agreement who
are not subject to DOT mandated drug testing are only subject to
reasonable cause testing as provided herein. The substances for
which testing shall be conducted, and cut-off levels thereto, shall be
consistent with those listed for the DOT-covered employees. This
provision also applies to testing conducted pursuant to rehabilita-
tion and after care programs.
Section 3.2 Testing
Because of the consequences that a positive test result has on an em-
ployee, UPS will employ a very accurate, two-stage testing program.
Urine samples will be analyzed by ahighlyqualiedindependent
laboratorywhichiscertiedbytheDepartmentofHealthandHuman
Services (HHS). All samples will be tested according to DOT drug
testing requirements. Validity testing for the presence of adulterants
shall be conducted on all specimens, per HHS requirements.
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Article 35
Section 3.3 Screening Test
The initial test uses an immunoassay to determine levels of drugs or
drug metabolites. The following initial cutoff levels shall be used
when screening specimens to determine whether they are negative
fortheseve(5)drugsordrugclasses.
Substance Initial Test Level (ng/mL)(1)
Marijuana Metabolites (2) 50(3)
Cocaine Metabolites 150(3)
Codeine/Morphine 2000
Hydrocodone/Hydromorphone 300
Oxycodone/ Oxymorphone 100
6-Acetylmorphine 10
Phencyclidine 25
Amphetamines/Methamphetamine 500
MDMA/MDA 500
These substances and test levels are subject to change by the De-
partment of Transportation as advances in technology or other con-
siderations warrant.
Section 3.4 Conrmatory Test
Allspecimensidentiedaspositiveontheinitialtestshallbecon-
rmed using gas chromatography/mass spectrometry (GC/MS)
techniques at the cutoff values listed. The following cutoff levels
shallbeusedtoconrmthepresenceofdrugsordrugmetabolites:
Substance
ConrmatoryTest
Level (ng/mL)
Marijuana Metabolites (2) 15
Cocaine Metabolites 100
Codeine/Morphine 2000
Hydrocodone/Hydromorphone 100
Oxycodone/Oxymorphone 100
6-Acetylmorphine 10
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Article 35
Phencyclidine 25
Amphetamine/ Methamphetamine (4) 250
MDMA(4)/MDA (5) 250
(1) For grouped analytes (i.e. two or more analytes that are in the
same drug class and have the same initial test cutoff):
Immunoassay: The test must be calibrated with one analyte from
thegroupidentiedasthetargetanalyte.Thecross-reactivityofthe
immunoassay to the other analyte(s) within the group must be
eighty percent (80%) or greater; if not, separate immunoassays
must be used for the analytes within the group.
Alternate technology: Either one analyte or all analytes from the
group must be used for calibration, depending on the technology.
At least one analyte within the group must have a concentration
equal to or greater than the initial test cutoff or, alternatively, the
sum of the analytes present (i.e., equal to or greater than the labora-
tory’svalidatedlimitofquantication)mustbeequaltoorgreater
than the initial test cutoff.
(2) An immunoassay must be calibrated with the target analyte,
A-9-tetrahydrocannabino 1-9-carboxylic acid (THCA).
(3) Alternate technology (THCA and Benzoylecgonine): When us-
inganalternate technologyinitialtestforthespecictargetana-
lytes of THCA and Benzoylecgonine, the laboratory must use the
samecutofffortheinitialandconrmatorytests(i.e.,15ng/mLfor
THCA and 100ng/mL for Benzoylecgonine).
(4) Methylenedioxymethamphetamine (MDMA).
(5) Methylenedioxyamphetamine (MDA).
In the event the initial drug test indicates a positive response the
conrmatorytestmustbedone.
On an initial drug test, the laboratory must report a result below the
cutoff concentration as negative. If the result is at or above the cut-
offconcentration,thelaboratorymustconductaconrmationtest.
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Article 35
Onaconrmationdrugtest,thelaboratorymustreportaresultbe-
low the cutoff concentration as negative and a result at or above the
cutoffconcentrationasconrmedpositive.
These substances and test levels are subject to change by the De-
partment of Transportation as advances in technology or other con-
siderations warrant.
Section 3.5 Laboratory Testing
All laboratories selected by UPS for analyzing Controlled Sub-
stancesTestingwillbeHHScertied.
Section 3.6 Types of Testing Required
Testingprocedureswillbeperformedaspartofpre-qualiedprac-
tices,afterdenedDOTreportableaccidents,onthebasisofrea-
sonable cause, upon return to duty after a positive test, under DOT
mandated random testing and as follow-up testing for post drug
rehabilitation as outlined under Article 16, Section 5.
Section 3.7 Pre-Qualication Testing
Controlled substance testing will be part of UPS’s regulated
pre-qualicationconditionsforfeederdriverpositions.
Drivers will be advised in writing prior to the application process
that pre-qualication testing will be conducted to determine the
presence of controlled substances. Applicants will be required to
acknowledge in writing an understanding of this request before
they receive an application.
Section 3.8 Reasonable Cause Testing
Upon reasonable cause, UPS will require an employee to be tested
for the use of controlled substances.
Reasonablecauseis dened asanemployee’s observable action,
appearance, or conduct that clearly indicate the need for a t-
ness-for-duty medical evaluation.
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Article 35
The employee’s conduct must be witnessed by at least two (2) su-
pervisors, if available. The witnesses must have received training in
observing a person’s behavior to determine if a medical evaluation
is required. When the supervisor(s) confronts an employee, a Union
representative should be made available pursuant to Article 4 of the
National Master UPS Agreement as interpreted. If no steward is
present, the employee may select another hourly paid employee to
represent them.
Documentation of the employee’s conduct shall be prepared and
signed by the witnesses within twenty-four (24) hours of the observed
behavior, or before the test results are released, whichever is earlier. In
addition, a copy will be sent to the Local Union in a timely manner.
Note: (Reasonable Cause)
At the time the urine specimen is collected, the employee may opt
to also give a blood sample. If the employee takes this option, the
bloodsamplemustconrmpositivepresenceforthesubstancecon-
rmed in the urine test. If no positive is conrmed in the blood
specimen, the employee will be given a warning letter, offered an
opportunity for rehabilitation as set forth in this Article, and the
employee will be required to otherwise satisfy the requirements im-
posed by the DOT regulations. However, if there is a second occa-
sion where reasonable cause testing results in a positive urine test,
the employee will then be subject to discharge.
Non-DOT—ReasonableCause:
In the event an employee (not covered by DOT) is tested pursuant
to the discipline Article in the Supplemental Rider or Addenda to
the National Master UPS Agreement, such test will be performed
under the same procedures and requirements as those set forth in
this Article. In the event the test result is positive, as set forth
above, it shall be considered a dischargeable offense.
Section 3.9 Post-Accident Drug Testing
DOT mandated drivers will be required to submit to a drug test af-
teraDOTdenedseriousaccident,whichisoneinwhich:
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Article 35
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as
a result of the injury, receives immediate medical treatment away
from the scene of the accident, or;
3. A citation is issued and one (1) or more motor vehicles incur
disabling damage as a result of the accident requiring a vehicle to
be transported away from the scene by a tow truck or other vehicle.
Non-DOT mandated drivers may be required to submit to drug test-
ing if there is any reasonable suspicion of drug usage or reasonable
cause to believe that a driver has been operating a vehicle while un-
dertheinuenceofdrugs,orreasonablecausetobelievethedriver
was at fault in the accident and drug usage may have been a factor.
Drivers are required to submit to such testing as soon as possible,
but in all events within thirty-two (32) hours. Union representation
will be made available pursuant to Article 4 of the National Master
UPS Agreement, as interpreted.
It is not the intention of this language to prohibit the driver from
leaving the scene of an accident for the period of time necessary to
obtain assistance in responding to the accident or to receive neces-
sary medical attention.
The result of a urine test for the use of controlled substances, con-
ductedbyfederal,state,orlocalofcialshavingindependentau-
thority for the test, shall be considered to meet the requirements of
post-accident testing, provided such tests conform to applicable
federal, state or local requirements, and that the results of the tests
are obtained by the Employer.
Section 3.10 Random Testing
Random Employee Selection:
The procedure used to randomly select employees for drug testing,
in compliance with the U.S. Department of Transportation Regula-
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Article 35
tions,willbeacomputerprogramspecicallyintendedforsuchan
application.
The program will utilize an internal computer clock procedure to
randomly generate lists of employees mandated for testing by the
Department of Transportation/Federal Highway Administration.
The computer shall randomly select the required number of em-
ployees from the total pool of affected employees. The total pool
list shall be by each region.
Forvericationpurposesandtocoverabsencesthecomputershall
print the following lists for each testing period:
1. An alphabetical total pool list of employees in the region, and
2. A district list of employees shall be printed from the random list
in the order in which they are computer selected.
An absent employee whose name appears on the primary list on the
random test day must be tested upon return to work immediately
uponnoticationprovidedtheyreturnpriortothenextselectionpe-
riod. The lists or true copies of the lists shall be maintained by a third
party administrator. Upon request to the District Labor Relations
Manager, the lists will be made available for review by Local Union
representatives and company labor relations managers to verify the
proper application and use of the lists in the random testing system.
The parties agree that no effort will be made to cause the system and
method of selection to be anything but a true random selection proce-
dure ensuring that all affected employees are treated fairly and equally.
The parties further agree not to amend or change the current meth-
od of random selection as described herein without prior agreement
between the parties.
Section 3.11 Notication
UPS employees, subject to Department of Transportation mandated
randomdrugtesting,willbenotiedoftestinginpersonorbydi-
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Article 35
rectphonecontact.Noticationshallbegivenbythemanagement
personresponsibleforsuchnotication.
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-qualicationorran-
dom test will result in a rehabilitation opportunity. An employee
whosetestresultsarereportedtotheMedicalReviewOfcerbythe
HHScertiedlaboratoryandwhohasbeencontactedbytheMedical
ReviewOfcerortheirdesigneehasseventy-two(72)hourstocon-
tacttheMedicalReviewOfcertoreviewthetestresults.Ifthere-
view time schedule is not met, then the Medical Review Ofcer
(MRO) mayreportto UPS Management that thetestis veried as
positive. If neither UPS nor the MRO, after making all reasonable
efforts, as required by the DOT regulations, is able to contact the em-
ployee within ten (10) days from receiving the laboratory results, the
test will be considered an uncontested positive test result. If the Med-
icalReviewOfcerdeterminesaspecimenispositive,thentheem-
ployeewillhaveve(5)calendardaystoevaluatetheirsituation with
anapprovedSubstanceAbuseProfessionalandthenuptofteen(15)
calendar days to enter the rehabilitation treatment center after approv-
al of a leave of absence as outlined in Article 16, Section 5 of the
NationalMasterUPSAgreement. UPSwillfollow thenalrecom-
mendations of the Substance 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 pre-
scribed 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
ve(5)workingdaysofcompletionofarehabilitationprogram.
It is understood that if the grievance procedure is utilized contractu-
al time limits on disciplinary action and the employee’s request for
rehabilitation will be suspended until resolution of the grievance.
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Article 35
Substance Abuse Professional (SAP)
Each Substance Abuse Professional (SAP) must be a licensed Doc-
torofMedicineorOsteopathy,oralicensedorcertiedpsycholo-
gist, social worker, employee assistance professional, or drug and
alcoholcounselor (certied bythe NationalAssociation ofAlco-
holism and Drug Abuse Counselors Certication 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qualication
training and continuing education requirements.
The SAP is responsible for performing the following functions:
1. Conducting the initial face-to-face clinical assessment and eval-
uation 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 treat-
ment program;
3. Conducting a face-to-face follow-up evaluation to determine if
the employee has actively participated in the education and/or treat-
ment 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rst
(1st) twelve (12) months following the employee’s return to duty.
The one (1) year period may be extended as necessary by written
vericationoftheSubstanceAbuseProfessional.Theaffectedem-
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Article 35
ployeeandLocalUnionshallbenotied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conrmwiththeSubstanceAbuseProfessionalthat
the employee demonstrates compliance with all conditions or re-
quirements of a rehabilitation program in which they participated.
Section 3.13 Disciplinary Action
Employees may be subject to discipline up to and including dis-
chargeasprovidedbelowiftheytestpositivefordrugsspecied
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
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Article 35
i.1stoffense—Apositivetestforcannabis/marijuanashallresultin
a warning letter (subject to successful completion of rehabilitation).
ii.2ndoffense—Apositivetestforcannabis/marijuanave(5)or
more years after the rst offense shall result in a warning letter
(subject to successful completion of rehabilitation).
iii. 3rd offense—A positive test for cannabis/marijuana is a dis-
chargeable 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offense—Apositivetestshallresultinawarningletter(sub-
ject to successful completion of rehabilitation).
b.2ndoffense—Apositivetestisadischargeableoffense.
c. Refusal to submit to a random drug test is a dischargeable of-
fense.
4.Pre-qualication
a. 1st offense—A positive test shall result in disqualication/not
considered for feeder list until the next feeder driver school is con-
ducted (subject to successful completion of rehabilitation).
b.2ndoffense—Apositivetestisadischargeableoffense.
5. Other Dischargeable Offenses:
a. Failure to successfully complete rehabilitation.
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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
Pursuant to Department of Transportation regulations, the Employ-
er reserves the right to utilize on site or off site collection facilities.
Upon arrival at the collection site, an employee must provide the
collection agent with:
PhotoidenticationissuedbytheEmployerorafederal,stateor
local government;
If the employee arrives without the above-listed item, the collection
agent should contact the district Safety and Health manager or dis-
trict Human Resources manager.
A standard DOT approved urine custody and control form will be
supplied by the appropriate laboratory. This form must be used by
all collection facilities and signed by the employee and the collec-
tion agent in the appropriate areas.
Section 3.15 Specimen Collection Procedures
The Employer agrees to continue use of the Specimen Collection
Checklist. The checklist, approved by the National UPS/IBT Safety
and Health Committee, is to be used with the affected employees at
the collection site by the person performing the collection services
for the Employer.
The checklist is to be used at all locations, but it is understood that
failure to use or the refusal to use the checklist does not invalidate
a properly conducted controlled substance testing procedure. Nor
does it prohibit an employee’s recourse to the collective bargaining
agreement and/or the grievance procedure.
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All procedures for urine collection will follow Department of
Transportation guidelines to ensure an individual’s privacy. An em-
ployee who gives reason to believe that they may have adulterated
or substituted a sample will be required to provide a specimen un-
der direct observation by a same gender collection agent. If it is
determined that an employee has adulterated or substituted a sam-
ple it shall result in the termination of their employment.
No unauthorized personnel will be allowed in any area of the col-
lection site. Only one (1) controlled substances testing collection
procedure will be conducted at a time and the specimens can only
be handled by the collection site person.
The employee being tested should remove any outer garments, such
as coats, jackets, hats or scarves, and should leave any personal be-
longings (purse or briefcase) with the collection agent. The employee
shall display the items in their pockets to the collection agent. If the
employee requests it, the collection agent shall provide the employee
a receipt for their belongings. The employee may retain their wallet.
After washing their hands, the employee shall remain in the pres-
ence of the collection agent and shall not have access to any water
fountain, faucet, soap dispenser, cleaning agent or other materials
which could be used to adulterate the specimen.
The collection agent provides the employee with a new, sealed kit
selected by the employee.
The employee will provide their specimen in a stall or otherwise
partitioned area that allows for privacy. The Employer agrees to
recognize all employees’ rights to privacy while being subjected to
the collection process at all times and at all collection sites. Further,
the Employer agrees that in all circumstances the employee’s digni-
ty will be considered and all necessary steps will be taken to ensure
that the entire process does nothing to demean, embarrass or offend
the employee unnecessarily. Authorization for collection under di-
rect observation will be in accordance with Department of Trans-
portation regulations. All procedures shall be conducted in a pro-
fessional, discreet and objective manner. Refusal to provide a
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specimen under direct observation when requested shall be consid-
ered a refusal to test and a terminable offense.
Theemployeeshallbeinstructedtoprovideatleastforty-ve(45)
milliliters of urine in the collection container. The employee shall
hand the specimen to the collection agent. The specimen shall re-
main in the sight of both the collection agent and the employee at
all times. A minimum of thirty (30) milliliters of urine shall be
placed in the primary specimen container by the collection agent.
Thecollectionagentthenmustpouratleastfteen(15)milliliters
of urine from the collection container into the second specimen bot-
tle to be used for the split specimen. If the individual is unable to
provideforty-ve(45)millilitersofurine,thecollectionagentshall
directtheindividualtodrinkuids,nottoexceedforty(40)ounces
distributed reasonably over a period not to exceed three (3) hours or
untilasufcientspecimenisprovided,whicheveroccursrst.(The
original specimen, if any, should be discarded, unless it was out of
temperature range or showed evidence of adulteration or tamper-
ing.)Iftheindividualisstillunabletoprovideforty-ve(45)milli-
liters of urine, they will be taken out of service and a medical eval-
uationwillbeconductedwithinve(5)businessdaysbyalicensed
physician who has the expertise in this type of medical issue, and is
approved by the Employer to determine if there is a medical reason
for the inability to provide a specimen. If it is not determined that
there is a medical reason, the individual will be treated as having
refused to take the test. If the employee fails for any reason to pro-
videforty-ve(45)millilitersofurine,thecollectionagentshould
contact a third party administrator (TPA) and either the District
Safety and Health Manager or another Employer designee.
The regulations specify the privacy procedures and the reasons to
believe that a specimen has been adulterated which includes, but is
not limited to, conduct clearly and unequivocally indicating an at-
tempt to substitute or adulterate the sample, e.g., abnormal urine
color or urine temperature outside the acceptable range. All speci-
mens suspected of being adulterated shall be packaged and for-
warded to the laboratory for testing.
In the event of suspected specimen adulteration, a second (2nd)
specimen will be immediately collected under direct observation
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Article 35
and the entire procedure should be repeated including initiation of
a new custody and control form and separate packaging for ship-
ping. If an employee refuses to provide a second (2nd) specimen, it
shall be noted as a refusal to test and shall be a terminable offense.
The collection agent shall document any unusual behavior or ap-
pearance on the urine custody-and-control form.
Specimen handling (from one (1) authorized individual or place to
another) will always be conducted using chain-of-custody proce-
dures. Every effort must be made to minimize the number of people
handling specimens. Both specimen containers shall be sealed and
then forwarded to an approved laboratory for testing.
When a return-to-duty or follow-up test is being conducted, the col-
lection process may be observed. If observed, the observer shall be
the same gender as the employee being tested.
When a test kit is received by a laboratory, the thirty (30) milliliter
sealed urine specimen container shall be removed immediately for
testing. The shipping container with the remaining sealed container
shall be immediately placed in secure refrigerated storage.
Ifanemployeeistoldthattherst(1st)sampletestedpositive,the
employee may, within seventy-two (72) hours of receipt of actual
notice, request that the second urine specimen be forwarded by the
rst(1st)laboratorytoanotherindependentandunrelatedHHSap-
provedlaboratory oftheparties’choice forGC/MSconrmatory
testing of the presence of the drug. If an employee chooses to have
the second (2nd) sample analyzed, they shall at that time execute a
special checkoff authorization form to insure payment by the em-
ployee. If the second (2nd) test is positive, and the employee wish-
es to use the rehabilitation option, the employee shall reimburse the
Employerforthe costsofthe second(2nd)conrmationtestand
handling and shipping charges before entering the rehabilitation
program. For those employees who choose to have the second
(2nd) specimen tested, disciplinary action can only take place after
theMROveriesthersttestaspositiveandthesecondlaboratory
conrmsthepresenceofthedrug.However,theemployeemustbe
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Article 35
takenoutofserviceoncetherst(1st)testresultisveriedaspos-
itive by the MRO while the second test is being performed. If the
second (2nd) laboratory report is negative, the employee will not be
charged for the cost of the second (2nd) test and will be reimbursed
for all lost time. It is also understood that if an employee opts for
the second (2nd) specimen to be tested, contractual time limits on
disciplinary action in the Supplements are waived.
Section 3.16 Specimen Shipping Preparations
After measuring temperature and visibly inspecting the urine spec-
imen, the collection agent should tighten and seal the specimen
shipping container.
The collection agent places a security label (initialed and dated by
the employee) over the bottle cap, overlapping the bottle sides.
A double-pouch bag will be used for shipping, with one (1) side for
the urine specimen and the other for paperwork.
The collection agent places the urine specimen in the sealable
pocket of the specimen bag and then seals the bag.
The collection agent places laboratory copies of the urine custody
and control form in the back sleeve of the double-pouch bag.
The collection agent places the sealed specimen bag in the shipping
box.
Section 3.17 Medical Review Ofcer
Anypersonserving asaMedical Review Ofcer(MRO) for the
Company must be a licensed doctor of medicine or osteopathy with
knowledge of substance abuse disorders, issues relating to adulter-
ated and substituted specimens, possible medical causes of speci-
mens having an invalid result, and applicable DOT agency regula-
tions. In addition, the MRO shall keep current on applicable DOT
agencyregulationsandcomplywiththeDOTqualicationtraining
and continuing education requirements.
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The MRO is responsible for performing the following functions, in
additiontothosespeciedintheDOTregulations:
1. Reviewing the results of UPS’s drug testing program.
2. Receiving all positive and negative drug test reports as pre-
scribed under the DOT regulations, and making all reports of drug
test results to the Employer.
3.Withinareasonabletime,notifyinganemployeeofaconrmed
positive test result.
4.Reviewingandinterpretingeachconrmedpositivetestresult
in order to determine if there is an alternative medical explanation
for the specimen’s testing positive. The MRO shall perform the
followingfunctionsaspartofthereviewofaconrmedpositive
test result:
a. Provide an opportunity for the employee to discuss a positive test
result.
b. Review the employee’s medical history and relevant biomedical
factors. A driver is allowed to use a controlled substance (except for
methadone) only when taken as prescribed by a licensed medical
practitioner who is familiar with the driver’s medical history and
assigned duties.
c. Review all medical records made available by the employee to
determine if a conrmed positive test resulted from legally pre-
scribed medication or other possible explanation.
d. Verify that the laboratory report and assessment are correct.
5. Processing an employee’s request to test the split sample. Such
testing will be conducted at the employee’s expense. The employee
shall be reimbursed by UPS for any such expense should the retest
provide a negative result. If a reanalysis is negative, then the MRO
will declare the test canceled.
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Article 35
Section 3.18 MRO Determination
If the MRO determines, after appropriate review, that there is a le-
gitimatemedicalexplanationfortheconrmedpositivetestresult,
the MRO shall report the test to the Employer as a negative. If the
MRO determines, after appropriate review, that there is no legiti-
matemedicalexplanationfortheconrmedpositivetestresult,the
MRO shall report the positive test result to the appropriate member
of management in accordance with DOT regulations.
Based on a review of laboratory reports, quality assurance and
quality control data and other drug test results, the MRO may con-
cludethataparticularconrmedpositivedrugtestresultshouldbe
cancelled. Under these circumstances, the MRO shall report that
the test is cancelled.
Notlater thanseventy-two(72) hoursafter noticationofa con-
rmedpositivetestresultorrefusaltotestbecauseofadulteration
or substitution, an employee may submit a written or verbal request
to the MRO for testing of the split sample. The laboratory used
mustbecertiedbytheHHSandmustfollowusualchain-of-cus-
tody procedures.
The employee shall be reimbursed for any pay lost if taken out of
service based upon a positive test result which is negated by the
second (2nd) test or as the result of the resolution of the grievance.
Section 3.19 Record Retention
Themedicalreviewofceristhesolecustodianoftheindividual
test results. The MRO shall retain reports of individual positive test
results for a minimum of ve (5) years. Individual negative test
results will be maintained for at least twelve (12) months. UPS
shallmaintaininadriver’squalicationleonlysuchinformation
as required by the DOT to document compliance with the drug test-
ing requirements.
Section 3.20 Release of Drug Testing Information
TheMROshallinformtheemployeebeforebeginningtheverica-
tion interview, that the MRO could transmit to appropriate parties
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Article 35
information concerning medications being used by the employee or
the employee’s medical condition only if, in the MRO’s medical
judgment, the information indicated that the employee may be
medicallyunqualiedunderapplicableDOTagencyrules.
WhenagrievanceisledasaresultofapositivetesttheEmployer
shall obtain from the laboratory its records relating to the drug test.
Upon receiving the records, the Employer shall provide copies to
theappropriateofcialoftheUnion,bytheendofthefollowing
business day after receiving the documents from the laboratory or
the MRO, as applicable, provided that the employee has executed
written consent authorizing release to the Union, a copy of which
must be provided to the Employer.
The Company agrees to notify the Union of any change of HHS
approved laboratories used for drug testing, for whatever reason.
Section 3.21 Paid For Time
Testing—Except for drug teststaken in conjunction withaDOT
physical, the employee will be paid their regular straight time hour-
ly rate of pay in the following manner:
1. For all time at the collection site.
2. (a) If the collection site is reasonably en route between the em-
ployee’s home and the center, and the employee is going to or from
work, pay for travel time one (1) way between the center and the
collection site or the collection site to the center; or
(b) For travel time both ways between the center and the collection
site, only if the collection site is not reasonably en route between
the employee’s home and the employee’s center.
3. If an employee is called at home to take a random drug test at a
time when the driver is not en route to or from work, the employee
shall be paid in addition to all time at the collection site, travel time
both ways between the employee’s home and the collection site
with no minimum guarantee.
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Article 35
When an employee is on the clock and a random drug test is taken
any time during the employee’s shift, and the shift ends after eight
(8) hours, the employee shall be paid time and one-half (1-1/2) for
all time past the eight (8) hours.
Provisions in Supplements, Riders and Addenda that are superior
shall prevail.
Section 4. Alcohol Testing
The parties have agreed that the procedures as set forth in Article
35, Section 4 shall be the methodology for testing and will be mod-
iedonlyintheeventthatfurtherfederallegislationorDepartment
of Transportation regulations required by regulation, revise testing
methodologies or requirements during the term of this Agreement.
Where such regulations allow revised testing methodologies such
modicationsshallbesubjecttomutualagreementbytheparties.
Section 4.1 Employees Who Must Be Tested
UPS employees subject to Department of Transportation mandated
alcohol testing are drivers of vehicles with a vehicle weight rating
over 26,000 pounds, requiring a Commercial Driver’s License
(CDL). This includes mechanics and employees who relieve for
vacations or other temporary vacancies. Any employee who drives
atractor-trailerandisonthequaliedfeederdriverlistisalsosub-
ject to DOT mandated testing as provided in this Agreement.
Section 4.2 Testing
Because of the consequences that a positive test result has on an
employee, UPS will employ a very accurate, two-stage testing pro-
gram. Breath samples will be collected by a Breath Alcohol Tech-
nician (BAT), who has been trained in the use of the Evidential
Breath Testing (EBT) device, in a course equivalent to the DOT’s
model course. All samples will be tested according to DOT alcohol
testing requirements. In the event that breath testing is not possible
in such cases as reasonable cause, or post-accident, the Employer
has the right to use alternative DOT approved methods.
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Article 35
Section 4.3 Screening Test
The initial screening test uses an Evidential Breath Testing (EBT)
device to determine levels of alcohol. The following initial cutoff
levels shall be used when screening specimens to determine wheth-
er they are negative for alcohol. The EBT must also be capable of
distinguishing alcohol from acetone at the 0.02 concentration level,
test an air blank, and perform an external calibration check.
Breath Alcohol Levels: Less than 0.02—Negative 0.02 and
above—Positive(RequiresConrmationTest)
Section 4.4 Conrmatory Test
All specimens identied as positive on the initial screening test,
showing an alcohol concentration of 0.02 or higher, shall be con-
rmedusinganEBTthatiscapableofprovidingaprintedresultin
triplicate; is capable of assigning a unique and sequential number to
each test; and is capable of printing out, on each copy of the printed
test result, the manufacturer’s name for the device, the device’s se-
rial number, and the time of the test.
Aconrmationtestmustbeperformednotsoonerthanfteen(15)
minutes after the screening test, but not more than thirty (30) min-
utes after the screening test.
Thefollowingcutofflevelsshallbeusedtoconrmthepresenceof
alcohol:
BreathAlcoholLevels:Lessthan0.02—Negative0.02to0.039—
Positive/Out of service for twenty-four (24) hours from time of the
test0.04andabove—Positive/OutofserviceandreferredtoSub-
stance Abuse Professional (SAP).
Section 4.5 Types of Testing Required
Testingprocedureswillbeperformedaspartofpre-qualiedprac-
tices,afterdenedDOTreportableaccidents,onthebasisofrea-
sonable cause, upon return to duty after a positive test, under DOT
mandated random testing and as follow-up testing for post alcohol
rehabilitation as outlined under Article 16, Section 5.
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Article 35
Section 4.6 Reasonable Cause Testing
Upon reasonable cause, UPS will require an employee to be tested
for the use of alcohol.
Reasonablecauseis dened asanemployee’s observable action,
appearance or conduct that clearly indicates the need for a t-
ness-for-duty medical evaluation.
The employee’s conduct must be witnessed by at least two (2) su-
pervisors, if available. The witnesses must have received training
in observing a person’s behavior to determine if a medical evalua-
tion is required. When the supervisor confronts an employee, a
union representative should be made available pursuant to Article
4 of the National Master UPS Agreement as interpreted. If no
steward is present, the employee may select another hourly paid
employee to represent them.
Documentation of the employee’s conduct shall be prepared and
signed by the witnesses within twenty-four (24) hours of the ob-
served behavior. In addition, a copy will be sent to the Local Union
in a timely manner.
Non-DOT Reasonable Cause Testing
Employees covered by this Collective Bargaining Agreement who
are not subject to DOT mandated alcohol testing are only subject to
reasonable cause testing as provided herein, in accordance with
supplemental practices.
Section 4.7 Post-Accident Alcohol Testing
DOT mandated drivers will be required to submit to an alcohol test
afteraDOTdenedseriousaccident,whichisoneinwhich:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as
a result of the injury, receives immediate medical treatment away
from the scene of the accident, or;
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Article 35
3. A citation is issued and one (1) or more motor vehicles incur
disabling damage as a result of the accident requiring a vehicle to
be transported away from the scene by a tow truck or other vehicle.
Non-DOT mandated drivers may be required to submit to alcohol
testing if there is any reasonable suspicion of alcohol usage or rea-
sonable cause to believe that a driver has been operating a vehicle
whileundertheinuenceofalcohol,orreasonablecausetobelieve
the driver was at fault in the accident and alcohol usage may have
been a factor.
Alcohol testing will be required after accidents under the above
conditions and drivers are required to submit to such testing within
two (2) hours of the accident, if possible, and within eight (8) hours
at the latest.
Drivers are required to submit to such testing as soon as possible with-
in two (2) hours. Under no circumstances shall this type of testing be
conducted more than eight (8) hours after the time of the accident.
It shall be the responsibility of the driver to remain readily avail-
able for testing after the occurrence of a commercial motor vehicle
accident. It is also the responsibility of the driver to not use alcohol
for eight (8) hours or until an alcohol test is performed under this
section,whicheveroccursrst.Unionrepresentationwillbemade
available pursuant to Article 4 of the National Master UPS Agree-
ment, as interpreted.
It is not the intention of this language to prohibit the driver from
leaving the scene of an accident for the period of time necessary to
obtain assistance in responding to the accident or to receive neces-
sary medical attention.
Law Enforcement Testing
The result of a breath or blood test for the use of alcohol or a urine
test for the use of controlled substances, conducted by federal, state,
orlocalofcialshavingindependentauthorityforthetest,shallbe
considered to meet the requirements of post-accident testing, pro-
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Article 35
vided such tests conform to applicable federal, state or local require-
ments, and that the results of the tests are obtained by the Employer.
Section 4.8 Random Testing—
Random Employee Selection
The procedure used to randomly select employees for alcohol test-
ing, in compliance with the U.S. Department of Transportation reg-
ulations,willbeacomputerprogramspecicallyintendedforsuch
an application.
The program will utilize an internal computer clock procedure to
randomly generate lists of employees mandated for testing by the
Department of Transportation/Federal Highway Administration.
The computer shall randomly select the required number of em-
ployees from the total pool of affected employees. The total pool
list shall be by each Region. The pool of employees selected ran-
domly for controlled substance testing will also be the pool of em-
ployees selected for alcohol testing in compliance with DOT regu-
lations. For verication purposes and to cover absences the
computer shall print the following lists for each testing period:
1. An alphabetical total pool list of employees in the Region, and
2. A District list of employees shall be printed from the random list
in the order in which they are computer selected.
An absent employee whose name appears on the random test list
mustbetesteduponreturntoworkimmediatelyafternotication
provided they return before the next selection period. The lists or
true copies of the lists shall be maintained by a third party adminis-
trator. Upon request to the District Labor Relations Manager, the
lists will be made available for review by Local Union representa-
tives and company labor relations managers to verify the proper
application and use of the lists in the random testing system.
The parties agree that no effort will be made to cause the system
and method of selection to be anything but a true random selection
procedure insuring that all affected employees are treated fairly
and equally.
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Article 35
The parties further agree not to amend or change the current meth-
od of random selection as described herein without prior agreement
between the parties.
A driver shall only be tested for alcohol while the driver is perform-
ing safety sensitive functions, just before the driver is to perform
safety sensitive functions, or just after the driver has ceased per-
forming such functions.
Employees who are on long term illness or leave of absence shall
not be subject to testing.
Section 4.9 Notication
UPS employees, subject to Department of Transportation mandated
randomalcoholtesting,willbenotiedoftestinginpersonorby
direct phonecontact.Noticationshall be given by the manage-
mentpersonresponsibleforsuchnotication.
Section 4.10 Rehabilitation and Testing
after Return to Duty
If the Breath Alcohol Technician (BAT) determines a specimen is
conrmedpositive,thentheemployeewillberemovedfromser-
viceandhaveve(5)calendardaystoevaluatetheirsituationwith
an approved Substance Abuse Professional (SAP) and then up to
fteen(15)calendardaystoentertherehabilitationtreatmentcen-
ter after approval of a leave of absence as outlined in Article 16,
Section 5 of the National Master UPS Agreement. UPS will follow
the nal recommendations of the Substance Abuse Professional
(SAP), concerning the appropriate after-care protocol and post re-
habilitation unannounced alcohol testing.
It is understood that if the grievance procedure is utilized contractu-
al time limits on disciplinary action and the employee’s request for
rehabilitation will be suspended until resolution of the grievance.
The provision of Article 16, Section 5 will apply to all employees re-
questing enrollment in a rehabilitation program following a positive
alcohol test. Employees may use the United Parcel Service Employee
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Article 35
Assistance Program, a union sponsored program, as well as any other
referral service in choosing an approved program for treatment.
Follow-uptestingshall consistofat leastsix(6) testsintherst
twelve (12) months following the driver’s return to duty. The one
(1)yearperiodmaybeextendedasnecessarybywrittenverica-
tion of the SAP.
Employer Responsibilities
Prior to allowing an employee to return to duty, after the employee
has tested positive for an alcohol concentration higher than 0.02, or
has refused to submit to an alcohol test, the Employer shall:
A.Ensurethattheemployeeis“alcoholfree”,denedaslessthan
0.02, based on an alcohol test.
B. Ensure that the employee has been evaluated by a SAP for alco-
hol use or abuse.
C. Ensure and conrm with the SAP that the employee demon-
strates compliance with all conditions or requirements of a rehabil-
itation program in which they participated.
Section 4.11 Discipline
It is agreed that an employee will have rehabilitation opportunities
for alcohol abuse as outlined in Article 16, Section 5, except as
provided under Random Testing below.
Reasonable Cause Testing
An employee who is tested for reasonable cause and whose alcohol
level is 0.02 to 0.039 will be taken out of service for twenty-four
(24) hours and receive a warning letter.
An employee who is tested for reasonable cause and whose alcohol
level is 0.040 to 0.069 will be taken out of service for twenty-four
(24) hours, referred to a Substance Abuse Professional (SAP) and
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Article 35
suspended for ten (10) days. If the employee has committed a dis-
ciplinary offense under the terms of the supplemental agreement,
the results of the test may be used in the support of the Employer’s
disciplinary action.
A second positive test of 0.02 or above is a dischargeable offense.
A positive test of 0.070 or above is a dischargeable offense.
A presumption exists that the employee was drinking on the job if
the observation, time of testing and alcohol level combine to show
the employee’s level was too high to have consumed alcohol prior
to the employee’s report time.
An employee taken out of service for a positive test result must
have a negative test prior to returning to work.
1. Post-Accident Testing
An employee who is involved in an accident for which the mandate
requires post accident testing must submit to such test. A post-acci-
dent test of 0.02 or above is a dischargeable offense.
2. Random Testing
A positive test of 0.02 to 0.039 will result in the employee being
taken out of service for twenty-four (24) hours and a warning letter
shall be issued.
A second positive test of 0.02 to 0.069 or an initial positive test of
0.04 or above will result in the employee being taken out of service
and a ten (10) day suspension shall be imposed. The employee will
also be referred to a Substance Abuse Professional (SAP) for evalua-
tion. If the SAP requires in-patient treatment and that in-patient treat-
ment is the second (2nd) such treatment afforded the employee, the
cost of such treatment will not be borne by the UPS medical plan.
A third (3rd) positive test of 0.02 or above after the employee was
tested pursuant to the above levels will subject the employee to
discharge.
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Article 35
3. Dischargeable Offenses
Other language to the contrary notwithstanding, the following may
result in discipline up to and including discharge:
A. Failure to successfully complete rehabilitation.
B.Apositivetest,denedas0.02orhigher,aspartofpost-caretesting.
C. Failure to comply with the after-care treatment plan.
D. Possession of and/or consumption of an alcoholic beverage
while on duty.
E. Any test of an on-duty employee that measures at or above the
state mandated DWI level. Should any state reduce the DWI man-
dated levels below 0.08, the Employer and the Union agree to meet
and re-negotiate section E of this Agreement.
F. An employee’s refusal to submit to a negotiated test.
Non-mandated employees shall be subject to reasonable cause test-
ing as outlined above.
In no circumstances under this Section shall suspension time run
concurrently with any leave period.
Section 4.12 Preparation for Testing
Pursuant to Department of Transportation regulations, the Employ-
er reserves the right to utilize on site or off site testing facilities.
Under no circumstances shall the Employer utilize UPS personnel
to serve as a Breath Alcohol Technician (BAT).
Upon arrival at the testing site, an employee must provide the BAT
withaphotoidentication.
Iftheemployeearriveswithoutthephotoidentication,issuedby
the Employer, or a federal, state or local government, the BAT
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Article 35
should contact the District Safety and Health manager or the Dis-
trict Human Resources manager.
A standard DOT approved alcohol testing form must be used by all
testing facilities. The form used for non-DOT tests will contain the
same information and procedures as the DOT form.
Section 4.13 Specimen Testing Procedures
The Employer agrees to implement a “Specimen Testing Check-
list.” The checklist, approved by the UPS/IBT Safety and Health
Committee, is to be used with the affected employees at the testing
site by the person performing the testing for the Employer.
The checklist is to be used at all locations, but it is understood that
failure to use or the refusal to use the checklist does not invalidate
a properly conducted alcohol testing procedure. Nor does it prohib-
it an employee’s recourse to the collective bargaining agreement
and/or the grievance procedure.
Procedures for alcohol testing will follow Department of Transpor-
tation guidelines to ensure an individual’s privacy.
No unauthorized personnel will be allowed in any area of the test-
ing site. Only one (1) alcohol testing procedure will be conducted
at a time.
The employee will provide their specimen in a location that allows
for privacy. The Employer agrees to recognize all employees’ rights
to privacy while being subjected to the testing process at all times
and at all testing sites. Further the Employer agrees that in all cir-
cumstances the employee’s dignity will be considered and all nec-
essary steps will be taken to insure that the entire process does
nothing to demean, embarrass or offend the employees unnecessar-
ily. Testing will be under the direct observation of a BAT. All pro-
cedures shall be conducted in a professional, discreet and objective
manner. Direct observation will be necessary in all cases.
The employee shall provide an adequate amount of breath for the
EBTdevice.Iftheindividualisunabletoprovideasufcientamount
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Article 35
of breath, the BAT shall direct the individual to again attempt to pro-
vide a complete sample. If the employee fails for any reason to pro-
vide the requisite amount of breath, the BAT shall contact the District
Safety and Health manager or Human Resources manager.
If an employee is unsuccessful in providing the requisite amount of
breath, the Employer then must have the employee obtain, within
ve(5)businessdays,anevaluationfromalicensedphysiciancho-
sen by the Employer who has the expertise in the medical issues
concerning the employee’s medical ability to provide an adequate
amount of breath. If the physician determines that a medical condi-
tion has, or with a high degree of probability, could have precluded
the employee from providing an adequate amount of breath, the
employee’s failure to provide an adequate amount of breath will not
be deemed a refusal to take the test.
If the physician is unable to make a determination that the employ-
eewasmedicallyunabletoprovideasufcientamountofbreath,
the employee will be regarded as refusing to take the test.
The BAT shall document any unusual behavior or appearance on
the alcohol testing form.
Section 4.14 Substance Abuse Professional (SAP)
Each Substance Abuse Professional (SAP) must be a licensed Doc-
torofMedicineorOsteopathy,oralicensedorcertiedpsycholo-
gist, social worker, employee assistance professional, or drug and
alcoholcounselor (certied bythe NationalAssociation ofAlco-
holism and Drug Abuse Counselors Certication 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qualication
training and continuing education requirements.
The SAP is responsible for performing the following functions:
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Article 35
1. Conducting the initial face-to-face clinical assessment and eval-
uation 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 treat-
ment program;
3. Conducting a face-to-face follow-up evaluation to determine if
the employee has actively participated in the education and/or treat-
ment 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;
5. Providing the employee and employer with recommendations for
continuing education and/or treatment.
Section 4.15 Record Retention
The Employer shall maintain records in a secure manner, so that
disclosure of information to unauthorized persons does not occur.
Each Employer or its agent is required to maintain the following
records for two (2) years:
1. Records of the inspection and maintenance of each EBT used in
employee testing;
2. Documentation of the Employer‘s compliance with the Quality
Assurance Plan (QAP) for each EBT it uses for alcohol testing;
3.RecordsofthetrainingandprociencytestingofeachBATused
in employee testing; and
4. Any required log books.
The Employer or its agent must maintain for two (2) years records
pertaining to the calibration of each EBT used in alcohol testing,
including records of the results of external calibration checks.
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Article 35
Section 4.16 Release of Alcohol Testing Information
The Breath Alcohol Technician (BAT) shall inform the employee
beforetestingthattheEmployerwillbenotiediftheconrmatory
test is greater than 0.02, since the employee will be removed from
serviceandconsideredmedicallyunqualiedtodriveunderDOT
agency rules and regulations.
WhenagrievanceisledasaresultofapositivetesttheEmployer
shall obtain records relating to the alcohol test. Upon receiving the
records,theEmployershallprovidecopiestotheappropriateof-
cial of the Union, by the end of the following business day after
receiving the documents from the laboratory or the MRO, as appli-
cable, provided that the employee has executed written consent
authorizing release to the Union, a copy of which must be provided
to the Employer.
Section 4.17 Paid for Time
Testing—theemployeewillbepaidtheirregularstraighttimehour-
ly rate of pay in the following manner:
1. For all time at the testing site.
2. (a) If the testing site is reasonably en route between the employ-
ee’s home and the center, and the employee is going to or from
work, pay for travel time one way between the center and the test-
ing site or the testing site to the center; or
(b) For travel time both ways between the center and the testing site
only if the testing site is not reasonably en route between the em-
ployee’s home and the employee’s center.
When an employee is on the clock and a random alcohol test is
taken any time during the employee’s shift, and the shift ends after
eight (8) hours, the employee shall be paid time and one-half
(1 1/2) for all time past the eight (8) hours.
Provisions in Supplements, Riders and Addenda that are superior
shall prevail.
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Article 36
ARTICLE 36. NONDISCRIMINATION
The Employer and the Union agree not to discriminate against
any individual with respect to hiring, compensation, terms or con-
ditions of employment because of such individual’s race, color,
religion, sex, gender identity, sexual orientation, national origin,
physical disability, veteran status, age, or any other class protect-
ed by any federal or state law, or engage in any other discrimina-
tory acts prohibited by law, nor will they limit, segregate or clas-
sify employees in any way to deprive any individual employees of
employment opportunities because of race, color, religion, sex,
gender identity, sexual orientation, national origin, physical dis-
ability, veteran status, age or any other class protected by any fed-
eral or state law, or engage in any other discriminatory acts pro-
hibitedbylaw.ThisArticlealsocoversemployeeswithaqualied
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 Employ-
er’s interest. The Employer shall not in any way intimidate, ha-
rass, coerce or overly supervise any employee in the performance
of their duties. The Employer shall not retaliate against employ-
ees for exercising rights under this Agreement. In considering any
grievance alleging retaliation for exercising 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 con-
sideration to the age and physical condition of the employee. Em-
ployees will also treat each other as well as the Employer with
dignity and respect.
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Article 37
The following language is applicable to grievances arising from
Article 37 Section 1(a) which allege intimidation, harassment, co-
ercion or over supervision:
1. Grievances not resolved by the Local or Area grievance proce-
dure shall be forwarded to the National Article 37 Grievance Com-
mittee. 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 mon-
etary penalty for each proven violation of this Section up to a max-
imumpenaltyofve(5)timestheemployee’sdailyguaranteede-
pending on the severity of the offense.
3. Any individual member of management deemed by the Commit-
tee 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 under-
standing that such package car driver will complete their assign-
ment, 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 per-
cent(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.
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Article 37
An employee who desires to be relieved from overtime on a par-
ticular 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 their shift on the third (3rd) workday preceding the day
being requested. A signed copy of the request form stating ap-
proval 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 re-
quest is denied on the above referenced form, the employee shall
receive a two (2) hour penalty payment at their double 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 they cannot be relieved of overtime, pro-
vided 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 their route, the driver shall be entitled to a two (2) hour
penalty payment at their 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.
Any employee whose request is granted shall not be required to
work more than eight (8) hours on the approved day. If the driv-
er’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nish 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 com-
plete their assigned work within eight (8) hours. No employee
shall be threatened, harassed, or disciplined by management in
the exercising of this right.
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Article 37
(c) The Union shall circulate and collect the names of eligible pack-
age drivers who wish to be covered by the provisions of this Sec-
tion 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classication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 employ-
ee 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
le 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 dis-
cretion 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 Dis-
trict Labor Manager, Business Agent and the Co-Chairs, or their
chosen designee of the applicable Supplemental panel within for-
ty-ve(45)daysofthelingtodeterminewhatactionsareneces-
sary to ensure compliance.
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Article 37
If a grievance under this provision (or a grievance under any exces-
sive overtime provision of a Supplement, Rider or Addendum) can-
not 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 Commit-
tee shall have the authority to direct the Employer to adjust the
driver’s work 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-
nal 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-ve (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 can-
not resolve a grievance, either party may refer the matter to arbitra-
tion 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stafnginthecenterinwhichthe
grievancewasled.Intheeventthepartiescannotresolveadispute
over whether excessive overtime in violation of this Section resulted
frominadequatestafng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 rem-
edy set forth in this Section including back wages at the appropriate
rate of pay to the employee(s) adversely affected, as well as appro-
priate 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.
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Article 37
In addition, the Union Chair of the National Negotiating Commit-
tee may, at any time, request a meeting with the Employer’s Presi-
dent of Labor Relations to review the adequacy of the Company’s
stafng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specied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 super-
visory 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
three (3) hours per workday.
Section 3.
Any alleged violation of this Article shall be subject to the applica-
ble grievance procedure. Where an employee has submitted a
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Article 37
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ve
(5) working days. If the Union has a legitimate reason for not being
availablewithintheve(5)workingdays,theperiodwillbeex-
tended up to a total 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-acci-
dent/injuryrides.Suchnotication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 twen-
ty-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 specic details and information then available and then meet
jointly with them to inform them of the proposed changes and to re-
solve questions raised in connection with the proposed change. The
information will be provided at least seven (7) days prior to the meet-
ing. During this joint meeting the Employer and the Union shall re-
duce to writing all agreed upon issues and both parties shall sign the
written document in acknowledgement of such agreement. The par-
ties shall also reduce to writing all unresolved issues, if any, and they
shall be referred directly to the appropriate Regional Change of Op-
erations Committee. This meeting shall be completed where practical
atleastforty-ve(45)dayspriortotheproposedchange.Thechange
maynotbeimplementeduntiltheforty-ve(45)days’noticeispro-
vided 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 reected inSection(c)below, which have been
reduced to writing, will be resolved pursuant to that Section.
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Article 38
(b) Any agreed to change of operations reached by the Local
Union(s)andthe Employer shallbereduced to writing andled
with the Joint National Change of Operations Committee. It is un-
derstood 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 pro-
posed change of operations. The Committee will resolve issues in-
volving seniority application, health and welfare, and pension cov-
erage 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 sched-
uled 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 re-
ected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nalandbinding.
Unlessspecically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 an-
other center, the affected employees may either follow their work
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Article 38
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classications.Ifanyof
the employees whose work is transferred elects not to follow their
work, then they shall have the same rights as the remaining em-
ployees 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 feed-
er 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 fol-
lowing the work or taking a layoff. If a senior feeder driver elects
to take a job which has been transferred out, the displaced employ-
ee(s)willllthevacatedjob(s)byseniorityuntilthenextbid.If
therearestillvacanciesinthefeederclassication,thesejobswill
be offered to other facilities within the jurisdiction of the destina-
tion Local Union before hiring off the street. To be eligible to trans-
ferandllthesevacancies,theemployeemustbequaliedatthe
time the job is offered. Any employees transferring from another
facility pursuant to this paragraph shall be eligible for moving ex-
penses under Section 2 and the employee’s seniority shall be deter-
mined by the applicable Supplement, Rider or Addendum. The
employeeshallretainbenets(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 is-
sues 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 submit-
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Article 38
ted 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fty(50)
miles,allfull-timeemployeesinaccordancewithclassicationse-
niority who choose to move, will have their moving expenses paid.
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 juris-
diction of another pension trust fund, such employee(s) shall re-
main 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conict with any collective bar-
gaining agreement and/or trust agreement.
ARTICLE 39. TRAILER REPAIR SHOP
Trailer repair facilities are intended to be a separate and distinct
operation from the normal UPS automotive department.
It is understood by the parties that the creation of trailer repair fa-
cilities and their locations shall be at the discretion of the Company.
Section 1. Recognition
By execution of this Agreement, the Employer acknowledges and
agreesthatemployeesemployedintheclassicationslistedbelow.
In this Article shall be considered bargaining unit employees for all
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Article 39
intents and purposes and be covered by and included in Article 3
Recognition, Union Shop and Checkoff, and additionally, such em-
ployees shall become a part of the National Single Bargaining Unit
as set forth in this Agreement, unless otherwise provided by law.
Section 2. Employee Classications
Trailer Repair Employee
Utility Employee Full-time and Part-time
A Trailer Repair employee is a person hired to maintain, rebuild or
repair equipment, in a Trailer Shop.
Section 3. Wage Rates By Classication
Trailer Repair Employee
The starting wage rate of a trailer repair employee will be eighty-
vepercent(85%)oftheToprateoftheUPSautomotivejourney-
man mechanic in the area where the trailer repair shop is located. A
new trailer repair employee will start at one dollar ($1.00) per hour
lessthantheabovementionedrateandwillreceiveatwenty-ve
cent ($.25) per hour increase when gaining seniority, an additional
twenty-vecents($.25)perhouraftersixty(60)workingdays,and
an additional twenty-ve cents ($.25) per hour after ninety (90)
workingdaysandthenaltwenty-vecents($.25)perhouratthe
end of one hundred and twenty (120) working days. After complet-
ing the above progression all trailer repair employees will receive
the annual GWI.
Utility Employee. Full-time and Part-time
The starting rate of pay for utility employees will be eighty percent
(80%) of the Top rate of the trailer repair employee in the area
where the trailer repair shop is located. A new utility employee,
full-timeorpart-time,willstartatftycents($.50)perhourless
thantheabove-mentionedrateandwillreceiveatwenty-vecent
($.25) per hour increase when gaining seniority and an additional
twenty-vecents($.25)perhouraftersix(6)monthsofemploy-
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Article 39
ment. After completing the above progression all utility employees
will receive the annual GWI.
Section 4. Health and Welfare
All trailer repair shop employees shall be covered under the health
and welfare plan in effect in the Area Supplemental Agreement,
Rider or Addendum consistent with Article 34 of the Agreement.
Section 5. Pension
The Employer shall make pension contributions to the fund desig-
nated by the Local Union in the same amounts negotiated and pro-
vided for in the Supplemental Agreement, Rider or Addendum in
effect in that area consistent with Article 34 of the Agreement.
Section 6. Seniority
The provisions of Seniority in this Article do not supersede any
seniority provisions in Local Supplements, Riders, Addenda or
elsewhere in this Master Agreement unless mutually agreed.
(a)ClassicationSeniorityshallprevailwhenunscheduledworkis
available. Unscheduled work can include but is not limited to 6th
and 7th day work as well as holiday work. The employee request-
ing such work must have adequate hours available to perform the
work,andmustbequaliedtodothework.
(b) In the event of a lay-off, the least senior employee in the classi-
cationshallbe laid offrst. Recall shall bein reverse order of
seniority.
AnyTrailerRepairemployeewhoislaidoffatleastve(5)consec-
utive days shall have the right to displace any junior employee in
theTrailerShopprovidedtheyarequaliedtoperformtheworkof
the employee they have displaced.
The employee shall receive the appropriate rate of pay for the job
being performed.
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Article 39
(c) Trailer shop employees will be given the opportunity to select
start times by seniority on an annual basis, provided they are qual-
iedtoperformthework.
Employeesshallhaveclassicationsenioritywithinthetrailerre-
pair facility only and shall have the right to exercise the same as set
forthintheAreaSupplement,Rider,orAddendum.Modications
or changes to area practices concerning the application of seniority
may be made by mutual agreement between the Local Union and
the Employer and shall be a subject for negotiations. All changes or
modicationsmustbeapprovedbytheNationalNegotiatingCom-
mittee prior to implementation.
Section 7. General
All other terms and conditions of employment shall be negotiated
between the Local Union and Employer and presented to the Na-
tional Negotiating Committee for approval and set forth in local
area trailer repair shop Riders or Addenda.
In areas where current trailer repair employees are part of a Local
area or Supplemental Mechanics Agreement those employees shall
remain covered by their current Agreement. In areas where the Em-
ployer elects to build or open a separate Trailer Repair Facility,
unresolved issues of the newly affected employees will be referred
to the National Committee for resolution.
Section 8. Movement of Equipment
It is agreed that all movement of equipment to and from the trailer
repairshopmaybeassignedtoaqualiedtrailerrepairshopem-
ployee and shall be paid at their classicationrate.
Section 9. Amendments
Any alterations, changes, additions or deletions to this Article must
be presented to the National Negotiating Committee for approval
prior to being placed into effect.
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Article 39
Section 10. Paint and Body Facilities
In the event paint and body facilities are created to perform repair
work on feeder and package car equipment, the above Article and
Sections shall apply.
Section 11. Training Program
A utility employee shall have a one-hundred-twenty (120) day
trainingprogramtoqualifyasatrailerrepairpersonwhenllingan
opening. The trainee shall maintain their current rate of pay for the
one-hundred-twenty (120) day period. Should they qualify, they
will go to the starting rate of a trailer repair person. Should an em-
ployee fail to qualify as a repair person said employee will return to
their previous position. A trainee shall remain on the vacation
schedule of their previous position. No employee shall be subject to
a pay decrease as a result of this language.
This qualication will be limited to one (1) per lifetime of this
Agreement.QualicationistobedeterminedbytheCompany.
Section 12.
AlllanguageinArticle39isbasedonanemployeebeingqualied
to perform the work.
Section 13. Trailer Conditioners, Inc.
(1) The Agreement between Southern Region of Teamsters and
Trailer Conditioners, Inc. (“TCI Agreement”) became a supple-
ment 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classications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
raticationofthe2007Agreement.ThisSupplementshallremain
in full force and effect for the duration of this NMA. This Supple-
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Article 39
ment to the successor NMA will be subject to cancellation or termi-
nation in accordance with Article 45 provided that the notice provi-
sions of the NMA are followed.
(3) Full-Time employees of Trailer Conditioners, Inc. (TCI) who
were participants in the Central States Southeast and Southwest Ar-
eas 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 benet formula set
forthinArticle34,Section1(l)(2)and(l)(6).Thebenetformula
andmonthlybenet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
benetaccrualsundertheCSPlan.The provisionsofArticle21,
Section1oftheTCIAgreementbecamenullandvoiduponrati-
cation 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.
ARTICLE 40. AIR OPERATION
Preamble
In order for the Employer, the Union and the employees to further
benetfromtheexpandingairoperations,thefollowingSections
shall supersede language on the same subjects in the Supplements,
Riders andAddenda, unless specically stated otherwise in this
Article.
Section 1. Air Drivers
(a) Air driver work shall consist of delivery and pickup of air pack-
ages which, because of time and customer commitments, cannot be
reasonably performed by regular package drivers. Such work may
include:
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Article 40
(1) Delivery of air packages which the regular delivery drivers can-
not 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 employ-
ees to pick up drop boxes, including those containing ground pack-
ages. 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 box-
es 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 es-
tablished by the March 1, 2013 report. The Company shall, when
feasible, use full-time employees to pickup drop boxes. Upon rati-
cation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
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Article 40
customer’s premises, and the customer has an exception ground pack-
age(s) for shipment, the air driver may make service on this pack-
age(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 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 ex-
cluded. Should a regular full-time driver vacate a position which
includes air shuttle work, that job shall either be rebid as it previ-
ously 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 va-
cates 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classication,or
a combination of eight (8) hours scheduled work in the air driver’s
classicationandotherbargainingunitclassications,exceptairwalk-
er.Theseemployeesshallreceiveallappropriatefull-timebenets.
(2) Less than eight (8) hours scheduled work in the air driver clas-
sicationoracombinationoflessthaneight(8)hoursscheduled
workintheairdriverclassicationandotherbargainingunitclas-
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Article 40
sications,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) calen-
dar 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benets.Nolessthaneight(8)hourcombina-
tion job will be rescheduled to create two (2) part-time jobs.
(3) Combinations which require more than a two (2) hour gap be-
tween jobs will normally not be used unless mutually agreed to by
the Local Union and the Employer.
(c) Air Driver Work Week
The workweek for full-time air drivers currently working a Mon-
day through Friday workweek shall continue on that schedule. The
work-weekforadditionalfull-timeairdriversshallbeanyve(5)
consecutive days in seven (7), and for all part-time air drivers shall
beanyve(5)inseven(7)days.
(d) Air Driver Guarantee and Overtime
(1) Full-time air drivers shall have the same daily and weekly guar-
antees 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 peri-
od 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 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
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Article 40
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 lay-
off provisions, etc.).
(e) Start Times
All full-time and part-time air drivers, who have a scheduled as-
signment, shall have start times posted the previous week. Start
timesmaybeadjustedwithnoticationpriortotheemployeesre-
porting 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specicallystatedotherwiseintheLocalSup-
plement, Rider or Addendum. However, any less than eight (8)
hour air driver (part-time air driver) or less than eight (8) hour com-
bination air driver (part-time combination air driver) who is dis-
patched 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 proce-
dures in the applicable Supplement, Rider or Addendum.
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Article 40
(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. There-
fore, the parties agree to continue the practice of allowing the use
ofpart-timeemployeeswhohavesignedtheexceptionqualiedlist
or who have expressed in writing their desire to be on the list and
whohavebeencertiedtodelivertheseexceptionairpackages.
(2)Employeescertied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) twen-
ty-four (24) hour period, 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specied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 per-
sonal automobiles shall be reimbursed at the IRS limit applicable
per mile for all miles driven to perform the air driving work in ad-
dition to their air driver wages. When an employee uses their own
vehicle in the service of the Employer and is involved in an acci-
dent, the Employer shall be responsible for the damages to both the
employee’s vehicle and to the other person’s vehicle and/or proper-
ty, and will provide liability insurance coverage.
(j) Holiday Work
When it is necessary to provide air service on holidays, the follow-
ing procedure shall be used:
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Article 40
(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 pro-
vision, the Employer shall have the right to force part-time air driv-
ers 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 classication. 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 re-
quest 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 Supplemen-
tal 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 em-
ployees, 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 em-
ployees, 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 inci-
dental 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 pro-
vided a three and one half (3 ½) hour guarantee.
(k) Saturday or Sunday Air Work
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Article 40
(1) To perform Saturday or Sunday air work the Employer and the
Union recognize the need for air drivers other than those regularly
scheduled. Qualied part-time employees who are interested in
performingthisworkwillsonotifytheEmployer,becertiedand
be placed in seniority order on a posted qualied air driver list.
Suchworkwillberstofferedinseniorityordertoemployeeson
thequaliedlistwhohavenotworkedmorethanthirty-seven(37)
hours in the current week. This work shall then be offered in senior-
ity order to qualied part-time employees regardless of hours
worked. If the scheduling needs still cannot be met, and additional
employeesareneeded,theEmployermayforcequalied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
(a) Air Walkers may deliver and/or pickup air packages and shall
not drive any vehicle which requires a driver’s license in the perfor-
mance of their duties.
(b) Air Walkers will not be used to pick-up or deliver ground packages.
(c) Air walkers shall start and end the day in the area they work.
(d) Air Walkers shall be guaranteed three (3) hours per day and
shall be given a ten (10) minute paid break.
(e) Air Walkers shall be paid in accordance with Section 6 below.
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Article 40
(f)AirWalkersshallreceiveallpart-timebenetsandconditionsof
employment as outlined in the appropriate Supplement, Rider or
Addendum including the right to bid into full-time jobs. An air
walker position shall be open for bid to current employees prior to
llingthatpositionfromtheoutside.
(g) The intent of this Section is not to eliminate present full-time air
jobs and/or combination jobs.
Section 3. Air Hub and Gateway Operations
Employees presently working in or hired into existing air hubs and/
or gateways shall continue to work under the present agreements
covering the air hub and gateway operations. If no agreement ex-
ists, Article 40, Section 3 shall apply. However, if Section 3 is si-
lent, the appropriate Supplement, Rider or Addendum will apply.
(a) Workweek
(1) The workweek for air hub and gateway employees shall consist
ofanyve(5)daysinaseven(7)dayperiod.
(2) Air hub and gateway employees hired prior to August 1, 1987
shall have the right to maintain the workweek in existence at that
time, if such workweek exists.
(b) Daily Guarantees
The three (3) hour daily guarantees shall apply whenever possible.
Further, the parties agree that in those areas that do not currently
have a daily guarantee, the following procedure shall apply: If
eighty percent(80%)of the employees reporting to ashiftwork
three (3) or more hours for thirty (30) working days within a for-
ty-ve(45)dayperiod,exceptforpeakseason,suchshiftshallbe
entitled to a three (3) hour guarantee. The Employer may also pro-
videahigherdailyguaranteetotheextentitdoesnotconictwith
the overtime rules in the applicable Supplement, Rider or Adden-
dum. Grievances concerning this issue shall be brought directly to
the National Air Committee.
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Article 40
(c) Holidays
(1) When it is necessary to operate an air hub and gateway operation on
a holiday, those employees worked will be paid overtime in addition to
holiday pay if it is not a scheduled workday for those employees.
(2)Forthoseemployeesnotqualiedforovertime,asstatedabove,
the holiday will be a normal workday.
(3)Theholidayshallbedenedasthedaytheholidayisnationally
observed.
(4) Start times on these days may differ from normal workday start
times.
(d)RestPeriods—Airoperationemployeeswhoarecoveredbya
daily guarantee shall receive the same rest period provisions as out-
lined in the appropriate Supplement, Rider or Addendum.
(e) Newly Expanded Hubs and Gateways
If an air operation is expanded or altered and is no longer able to
effectively operate, the Employer and the Union shall meet to work
outanyneededmodications,whichwouldbesubjecttoapproval
of the National Air Committee.
(f) Seniority
(1) Air hub and gateway employees shall work off one (1) seniority
list within each operation, unless otherwise mutually agreed. Part-
time employees covered under this Section shall be given the same
opportunities for full-time positions as described in the appropriate
Supplement, Rider or Addendum. Where those Agreements are si-
lent or are not clear, the Employer and the Local Union shall meet
and agree upon a method of affording the opportunity for full-time
employment.
(2) In air hub and gateways that currently have no procedure to
recognize part-time seniority, part-time employees with one (1) or
more years of seniority will be allowed in seniority order to ll
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Article 40
permanentvacanciesonadifferentshiftand/orllpermanentva-
cancies between the airport sort facility and the ramp in all months
except November and December. The employee will be allowed to
exercise this procedure once a year.
(g) Start Times
Starttimesmaybeadjustedwithnotication,priortotheemploy-
ees reporting for work, to coincide with the arrival and departure of
parcels.
(h) Rain Gear
The Employer shall provide all outside ramp employees rain gear,
to include, pants and tops. De-ice crews shall be provided with in-
sulated coveralls, insulated gloves, boots and rain gear that is large
enoughtotovertheinsulatedcoveralls.
(i) Air Gateway
In addition to the Union’s right to organize employees at the Compa-
ny’s air gateways in accordance with applicable law, work performed
at air gateways shall be performed by United Parcel Service bargain-
ing unit members in accordance with the following procedure:
The Union Chairperson of the National Air Committee shall serve
the Company Chairperson of the National Air Committee with writ-
ten notice of the Union’s position that work at a particular gateway
is appropriate for conversion to work performed by United Parcel
Service bargaining unit members. Upon receipt of the notice, the
Union and Company Chairpersons of the National Air Committee
shallmeettoreviewthedetailsofthespeciedgatewayoperation,
including if necessary an inspection of the air gateway. For work at
an air gateway/ramp operation (including any sort work performed
on the ramp) to be performed by United Parcel Service bargaining
unit members, all of the following criteria must be met:
(1)Theairgatewayoperationmusthaveanestablishedve(5)day
workweek with a minimum of three (3) hours of continuous work
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Article 40
on all shifts (excluding rest periods provided in the appropriate
Supplement, Rider or Addenda) for all employees;
(2) There is a minimum of forty (40) potential bargaining unit
members on the ramp;
(3) The Company currently owns, rents or leases the appropriate
ramp equipment. Disputes over the economic impact of the Compa-
ny’s ability to purchase, rent or lease the necessary ramp equipment
will be resolved by the Union and Company National Air Commit-
tee Chairpersons; and,
(4) The Company is not prohibited from obtaining legal permission
to operate on the airport ramp by the operating authority of that
particular airport.
Once the Union Chairperson of the National Air Committee has
served the Company Chairperson of the National Air Committee
with written notice of the Union’s position that a particular air
gateway is appropriate for conversion in accordance with the cri-
teria set forth in (1) through (4) above, the Company agrees that
subsequent alteration or changes in the four (4) criteria listed
above, which are made by the Company, shall not be used as a
subterfuge to avoid conversion.
The conversion period shall be no longer than one hundred twenty
(120) days from the date the Union and Company Chairpersons
verifythattheabovestatedcriteriahavebeensatised.
The completed conversion of an air gateway to work being per-
formed by United Parcel Service bargaining unit members under
the provisions of this Section shall not be affected by subsequent
alteration or changes in the criteria set forth in (1) through (4)
above at any such converted air gateway.
Air gateway location(s) which utilize a Teamster represented ven-
dor contracted by United Parcel Service are not subject to this
Section.
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Article 40
Section 4. Start Times for Air Shuttle
and Air Feed Drivers
Because of the nature of the air business, regular air shuttle and air
feeddriversmayhaveexiblestarttimesonMonday,Friday,Sat-
urday, Sunday and/or holidays to coincide with the needs of the
Employer’s air operations.
Section 5. Grievance Procedure
(a) A Joint National Air Committee shall be appointed for the pur-
pose of continually reviewing the progress of the air expansion and
the unforeseen problems that may arise. This Committee shall have
the authority to amend, alter, add to and delete provisions of this
Article as it deems necessary to further the best interests of the
employees and the Employer’s air operation.
(b) All grievances, controversies and/or disputes concerning the Air
Operation shall be subject to the regular grievance procedure. Any
decision rendered by a local, state or area panel which interprets
Article 40 shall not be precedent setting in any other case.
(c) Any dispute concerning the interpretation or applicability of this
Article including cases which have deadlocked at the lower level
shall be submitted to the Joint National Air Committee for resolu-
tion. Such resolution will include the right to submit the matter to
arbitration in accordance with Article 8 Procedures. Decisions
madeinaccordancewiththisSectionshallbenalandbindingon
all parties.
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specied.
(a) Part-time air drivers including exception air drivers will be paid
as follows:
Start $23.00
Twelve (12) months $24.00
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Article 40
Twenty-four (24) months $25.00
Thirty-six (36) months $29.00
Forty-eight (48) months Top Rate
(l) Effective August 1, 2023 the prior $33.94 forty-eight month
(top) rate will change on August 1st of each year of the Agreement
toreect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 se-
niority rate.
Part-time employees who are awarded a scheduled part time air
driver job shall receive progression credit in accordance with the
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, they will retain their progres-
sion credit under paragraph (a.) for any air exception work.
(b) Full-time air drivers will be paid as follows:
Start $23.00
Twelve (12) months $24.00
Twenty-four (24) months $25.00
Thirty-six (36) months $29.00
Forty-eight (48) months Top Rate
(1) Effective August 1, 2023 the prior $35.94 (top) rate will change
onAugust1stofeachyearsoftheAgreementtoreect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.
(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 exist-
ing 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-
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Article 40
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 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 pro-
tection 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 ap-
plicable.
(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classicationsinaccor-
dance 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 appropri-
ate full-time air rate for air driver work and appropriate inside part-
timerateforthehoursworkedinotherclassications.Ifanemployee
has no established inside rate, that employee will be paid the appro-
priate part-time rate in accordance with 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 per-
forming air exception work. Seniority employees who begin per-
forming 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 award-
ed an air walker job they shall continue to receive their inside rate
in accordance with Article 22. Full-time air hub and gateway jobs
- 177 -
Article 40
shall be paid in accordance with Article 41, Section 3 unless there
is an existing agreement under Article 40, Section 3 expressly pro-
vidingapayrateforsuchaclassication.
(i) Air operation employees who are covered by a daily guarantee
shall receive the same rest period provisions as outlined in the ap-
propriate Supplement, Rider or Addendum.
(j)Uponraticationofthisagreement,employeesperformingdeice
and pushback duties in air hubs and gateways shall be paid an hour-
ly 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-ve 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 re-
ceiveapremiumoffty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,
2023 will receive the following general wage increases for each
contract year. The total wage increase for the year will be as follows:
2023 twodollarsandseventy-vecents($2.75)
2024 seventy-vecents($0.75)
2025 seventy-vecents($0.75)
2026 one dollar ($1.00)
2027 twodollarsandtwenty-vecents($2.25)
Full-time employees still in progression on the effective date of this
Master Agreement shall receive the above contractual increases.
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Article 41
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, 2023 covered by those Sections.
(b) No employee shall be required to complete a full-time pro-
gression more than one (1) time even if they transfer between
full-time jobs except as set forth in this paragraph. The sole ex-
ception is when an employee is awarded a package car or feeder
driver job and has not previously held a full-time job which in-
cludes 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 em-
ployee will then go to the prevailing top rate. A part-time air driv-
er 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 below) after August 1, 2023 shall be
as follows:
Start $23.00
Twelve (12) months $24.00
Twenty-four (24) months $25.00
Thirty-six (36) months $30.75
Forty-eight (48) months Top Rate
Part-time employees on the payroll as of July 31, 2023 who subse-
quently 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 their full-time start
date for purposes of applying the above progression.
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Article 41
If a part-time employee bids to a full-time position and the top rate
of the classication is less than their current rate, the employee
shallbeplacedatthetoprateofthenewclassication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 em-
ployees who may have had separate progressions in their Supple-
ments, 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ratication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 cov-
ered 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 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 in-
side job to another full-time inside job.
Start $23.00
Twelve (12) months $24.00
Twenty-four (24) months $25.00
Thirty-six (36) months $28.00
Forty-eight (48) months Top Rate
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Article 41
The Top Rate shall be $35.94 plus the general wage increases pro-
vided in Section 1 above.
Employeeswhoare inprogression as ofthe dateofratication,
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specied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classication.
The above progression shall also apply to full-time inside jobs
within UPS CSI notwithstanding any applicable Addendum.
Section 4. 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. Mechanic Progression
The progression for employees entering a mechanic job after Au-
gust 1, 2023 shall be as follows:
Current Top Rate
Start: 85%
Twelve (12) months Top Rate
Mechanics in progression on August 1, 2023 shall be slotted into
the above progression.
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Article 42
ARTICLE 42. UNIFORMS
Effective May 1, 1994, short uniform trousers will be provided as
an option for package and feeder drivers at no cost to the employee.
Such shorts may only be worn in compliance with uniform and ap-
pearance standards established by the Employer.
ARTICLE 43. PREMIUM SERVICES
Section 1. Job Protection
From time to time, the Employer must offer special new premium
services to its customers in order to protect existing jobs and further
the mutual goal of increasing the number of bargaining unit jobs.
The Employer shall utilize bargaining unit employees to perform the
feeder movement work of such new premium services, which work
shall be considered to be bargaining unit work. The provisions of
this Article shall also apply to all packages moved by airplane and to
the Employer’s “city pairs” service, where it is necessary for the
Employer to implement the service to meet its competition. No feed-
erdriverwillbelaidoffordisplacedfromafeederclassicationas
a direct result of any provision in this Article.
In implementing such new premium services, the Employer shall
utilize the following options to complete the ground movement of
the customers’ packages in the following order:
(1) If the Employer’s existing feeder network can meet the Employ-
er’stimeandserviceneeds,thatnetworkwillbeusedrst.
(2) When the existing feeder network will not adequately meet the
Employer’s time and service needs, the Employer agrees to estab-
lisha newdriverclassication, whichshall becalled apremium
service driver. This driver will be typically used to move loads to
andfromgroundandairhubsthataremorethantwohundredfty
(250) miles apart. Wherever practical, the driver will start at ap-
proximately the same start time each day and make two (2) round
trips per week to a scheduled sort location. Such work must provide
the driver a minimum four (4) day work week.
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Article 43
Benetsprovidedwillbethoseofregularfull-timefeederdrivers.
The driver will be provided the opportunity to work ten (10) hours
per day four (4) days per week. Drivers will also be provided with
lodging and shuttle service at the away destination. When jobs are
created that have less than ten (10) hours of work, the premium
service driver will be paid at the feeder rate of pay and be allowed
toworklocallyineitheroriginordestinationcitytollouttheir
workday. In regards to the premium service drivers, since some
hubs work on Friday and some on Sunday, the Employer may move
thefth(5th)dayloadsviaaTOFCpursuanttoArticle26.
(3) If the Employer cannot accommodate its time and service needs
under (1) and (2) above, the Employer shall have the right to pro-
pose the use of bargaining unit sleeper teams to the Local Unions
and the Joint Premium Service Review Committee as set forth in
Section 4 below. The wages and other economic terms of employ-
ment for such sleeper teams shall be as set forth below.
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 ex-
ceed 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 accor-
dance with the bidding procedures set forth in the applicable Sup-
plement, Rider or Addendum. No seniority employee shall be forced
to drive in a sleeper cab run unless otherwise provided in their Feed-
er Work Rules or Local Union practice. If after the bidding process
isexhausted,thenewjobs/vacancieshavenotbeenlled,thefol-
lowing procedure shall apply. These jobs will be offered to other
facilities within the jurisdiction of the local union which have qual-
iedfeederdriversonlay-off,displaced,orotherwisenotholdinga
bidwithinthefeederclassication,beforehiringoffthestreet.Tobe
eligibletotransferandllthesenewjobs/vacancies,theemployee
mustbequaliedatthetimethejobisoffered.Anyemployeestrans-
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Article 43
ferring from another facility pursuant to this paragraph will have
their seniority determined by the applicable Supplement, Rider, Ad-
dendum, or Local Union agreements/practice. The employee shall
retainbenets(e.g.vacation,sickleave,holidays,etc.)basedonthe
employee’slengthofservice.Ifnoemployeells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
their respective sleeper cab team partner without regard to seniority,
provided that the driver selected as a partner has, prior to such bid,
acknowledged their agreement, in writing, to accept such permanent
sleeper cab run driving assignment and provided further that the se-
lectedpartnerpossessestherequiredqualications.
(b) There shall be no two (2) person operations on runs with loads
oflessthanvehundredfty(550)outboundmilesontherstleg.
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
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
their home center. Air-conditioned hotel rooms shall be furnished. Ho-
tel 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 lodg-
ing must be maintained on the basis of one (1) driver per room.
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Article 43
Under unusual circumstances in which the Employer is unable to
furnish satisfactory lodging, the employee shall be paid one hun-
dred dollars ($100.00) for each rest period; except where accom-
modationisunavailableatsuch gureandit isnecessaryforthe
driver to pay in excess of one hundred dollars ($100.00), 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 avail-
able in the near vicinity and provided further that this provision
shall not apply where the driver is allowed to use company equip-
ment 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specications:
(a) Minimum interior dimensions of the sleeper berths shall be:
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Article 43
Length—79/80inches;
Width—36inches;and
Height—24inches.
It is understood that a “manufacturing tolerance of error” of one
inch(1”)ispermissible,providedtheoriginalspecications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 Arti-
cle 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 specica-
tions 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-ve dollars ($45.00) for each one thousand (1000) miles
traveled.
(7) Delay Time
It is the intent of the parties to make the driver whole for all justi-
ed 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.
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Article 43
(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 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 their home center, the driver shall be com-
pensated at their regular hourly rate of pay for all hours after the
rst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,ajobclassica-
tion paid on a mileage rate, who have not yet completed a full-time
progression, shall be paid a progression rate equal to the following:
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raticationofthisAgreement
will maintain the four (4) year progression to Top Rate and be slot-
ted into the above progression rates.
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Article 43
(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 be-
low 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specied contract years.Thetotal increases for each
year will result in the following mileage rates:
Top Rate Single Double Triple
2023 1.0148 1.0361 1.0577
2024 1.0320 1.0537 1.0757
2025 1.0492 1.0713 1.0937
2026 1.0721 1.0947 1.1176
2027 1.1237 1.1474 1.1714
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 represen-
tatives 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 a mileage layover
run, sleeper team run or a city pair (mileage turn) in accordance
with theprovisionsof Section 1 above, the runmustrst be re-
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Article 43
viewed and approved by the Joint Premium Service Review Com-
mittee. Such approval shall not be unreasonably denied.
No such accommodation shall be implemented without the approv-
al of the Parcel & Small Package Division Director or the General
President’s designee. Approval shall not be unreasonably denied.
The Committee shall also review the Employer’s compliance with
the provisions of this Article and shall report and recommend im-
provements 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
ClassicationasadirectresultoftheimplementationofaPre-
mium Service Job.
2. If the Employer’s existing Feeder Network can meet the Em-
ployer’stimeandserviceneeds,thatnetworkwillbeusedrst.
In the event the Employer proposes to implement a mileage lay-
over run, sleeper team run or a city pair (mileage turn) in accor-
dancewiththeprovisionsofsection1above,therunmustrst
be reviewed and approved by the Joint Premium Service Review
Committee. Such approval shall not be unreasonably denied.
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Article 43
No such accommodation shall be implemented without the ap-
proval of the Package Division Director or the General Presi-
dent’s designee.
Approval shall not be unreasonably denied.
Any run that has been approved and is changed such change
must be reviewed 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 alter-
ations 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 se-
lected UPS locations, which are typically more than 500 miles apart.
Mileage jobs not scheduled to equal ten (10) hours of pay will be
lled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.
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Article 43
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 compensat-
ed 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 supple-
ment, 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. 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nishoftheruninaregularlocationonthelot.
Pre-trip, post-trip inspection, start and nish shall be part of the
applicable mileage rate.
“It is the intent of the parties to make the driver whole for all justi-
ed delay time, such as waiting for late loads, unscheduled
on-property work, accident delay or on-road equipment break-
down. Any disputes will be referred to the Joint Premium Service
Committee.” Unless authorized otherwise by management, delays
will commence at the scheduled departure time.
Mileagedriversarenotpaidfortrafcdelayswhenmileageisre-
corded within the delay except as follows:
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Article 43
Onmajorhighways,trafc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fteen(15)milesperhour.
Thedelaywouldcontinueuntilthetractorreachesaspeedoffteen
(15)milesperhourforatleastone(1)consecutiveminute.Trafc
delaysmustbefteen(15)minutesorgreaterandwillbepaidback
totherstminute.
Itisunderstoodinextremetrafcdelaycases,delaypaywillnotbe
unreasonably denied.
While this section clearly entitles the Team Drivers to be made
wholeforalljustied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 (1) hour.
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. Driv-
ers 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specic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.
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Article 43
Waiting time at intermediate stops will be handled in accordance
with the applicable local supplement, rider or addendum.
Delaysoffteenminutesormorewillbepaidbacktotherstmin-
ute, 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 per-
son 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 ex-
tension 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 fa-
cilities 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 nishwhenre-cou-
pling is completed. If uncoupling and re-coupling is necessary within
a facility, a team will commence being paid upon entering the facility
andnishuponexiting.Ifuncouplingisnotnecessary,teamswillbe
paid a set fuel/wash allowance of forty (40) minutes.
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Article 43
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,trafc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 mileage drivers pull doubles any
part of their day, they 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 re-
turn to domicile. Each turn at domicile will reset the trailer com-
pensation rate.
Applicable wage rates are listed under Article 43 and apply to all
drivers.
In the event city pair (mileage turn), layover and sleeper team mile-
age drivers are offered work on a regular scheduled day off from
their 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 their Supplemental
Agreement.
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Article 43
2. Mileage drivers scheduled for four (4) runs at ten (10) hours a
day—Whenthedriversworkonthefth(5th)punch,suchdriv-
ers shall be paid the applicable premium rate of pay in their Sup-
plemental Agreement for the sixth (6th) day of work.
3. Mileage drivers scheduled for four (4) runs at ten (10) hours a
day—When the drivers work on the sixth (6th) punch, such
drivers shall be paid the applicable premium rate of pay in their
Supplemental Agreement for the seventh (7th) day of work.
4. Sleeperteamdriverswhoworkontheirrst(1st)scheduledday
off will be paid at the applicable premium rate of pay as a sixth
(6th) day of work in accordance with their Supplemental Agree-
ment. Any subsequent days worked thereafter within their
scheduled workweek will be paid as a seventh (7th) day of work
in accordance with their Supplemental Agreement.
A premium service layover and sleeper team driver equals in four
(4)daysthesamebenetsasave(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 sta-
tions 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 re-
quests a replacement set of sheets, pillow cases, and blankets be-
cause of the material being worn out prior to one (1) year, such re-
quest will not be unreasonably denied by UPS. Laundry service
shall be paid by the drivers.
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Article 43
Planned mileage runs must be bid with designated work days and
daysoff(i.e.four-dayrunsandve-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 for-
ty-vedollars($45.00)foreveryone-thousand(1000)milesdriv-
en. Miles driven under one-thousand (1000) each work week shall
be adjusted within a thirty (30) day period. For example, three-thou-
sand ve-hundred (3,500) miles in a week, ve-hundred (500)
miles of the total miles driven will be prorated.
In areas where Sleeper Team jobs are currently running or imple-
mented 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 re-
placement of the senior driver work assignment or continue the
practice that presently exists in their Local Union area. In the 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 their
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
The parties agree that the health and safety of the employees are of
the utmost importance. The Employer agrees that UPS manage-
ment will not insist that any unsafe action be undertaken and the
Union agrees to encourage its members to cooperate in effectuating
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Article 44
the handling, pick-up and delivery of parcels without exposing
themselves to safety hazards.
Section 1. On Area Package Handling
No employee shall be required to handle any over 70 pound pack-
ages alone if it is the employee’s good faith belief that such han-
dling would be a safety hazard to 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 bar-
gaining unit except that air drivers or helpers, where permitted by
the applicable Supplement, may be used to assist the full-time driv-
er 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 assis-
tance if it is the employee’s good faith belief that the customer is
notqualiedtohelporthatsuchassistancewouldbeasafetyhaz-
ard to themselves or the customer.
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Article 44
All new and existing employees who handle packages shall be pro-
vided 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 provi-
sions of this section.
Section 2. Package Identication
The Employer agrees that it will periodically instruct its customers
to place at least one (1) over 70 pound label on all such packages
shipped, enter the weight of the package on the label and notify the
pick-up driver of the over 70 pound packages to be picked up. The
drivershallcompleteandafxasmanyadditionalover70pound
labels and/or identifying tape as is reasonably necessary to provide
proper visual identication of the package for safe movement
through the system. The label and tape shall be of bright contrasting
colors. No package will move through the system without enough
tape clearly visible from all sides identifying the package as over
seventy (70) pounds.
The Employer shall contact and work with customers who do not
have identifying weights on all packages. This will include incom-
patible and overweight packages.
Section 3. Inside Package Handling Procedures
For the purpose of inside handling, all over 70 pound packages
shall be considered to be irregular shipments and will not be
co-mingled with under 70 pound regular packages. No over 70
pound packages will be placed onto the belt, box line or slide sys-
tems used for under 70 pound package operations, except as pro-
vided in the Employer’s standard irregular handling practices and
in accordance with safe packages handling procedures.
Where over 70 pound packages are moved by belt, box line or slide
system, such packages will be handled by two (2) bargaining unit
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Article 44
employees and/or the use of appropriate lifting/handling devices
when requested in good faith by the employee.
Noover70poundpackageshallbeloadedbelowtheapsofadrop
frame trailer or stacked taller than waist high.
Packages over 150 pounds shall not be picked up. However, if
such a package is discovered in the UPS system, the package shall
not be handled by a bargaining unit employee unless such package
can be reasonably broken down into packages which do not exceed
70 pounds.
The parties recognize that it may be necessary to consider new
methods and new equipment to handle over 70 pound packages. If
either the Union or the Employer believes it is necessary to imple-
ment changes in the over 70 pound handling procedures or equip-
ment, including any change in labeling, or if the Employer believes
it is necessary to increase the current weight limit or the current
limits on package dimensions, it may request a review of such
changes. The Employer shall negotiate and reach agreement with
the Union before any change is implemented. Neither party shall
unreasonably withhold agreement.
If the parties are unable to reach an agreement, a grievance claiming
thatagreementwas unreasonablywithheld may beled by either
party directly with the National Safety and Health Grievance Com-
mittee in accordance with the provisions of Article 18, Section 20.2.
ARTICLE 45. DURATION
Section 1.
This Agreement shall be in full force and effect from August 1,
2023 to and including July 31, 2028 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.
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Article 45
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, 2028 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,
2023unlessotherwisespecicallyprovided.TheEmployerorthe
National Negotiating Committee shall be permitted all legal or eco-
nomic 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-rst(61st)dayfollowingsuchnotice.
- 200 -
IN WITNESS WHEREOF the parties hereto have set their hands
and seals this _____day of _______________, 2023 to be effective
asofratication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.
For the Employees: For the Employer:
- 201 -
Memorandum of Understanding
Teamsters United Parcel Service Negotiating Committee (Union)
and United Parcel Service, Inc. agree that pursuant to the last para-
graph of Article 34, Section 1 (a), the maximum amount of a gener-
al wage increase that will be reallocated to a pension contribution is
thirty-vecents($0.35).Thepartieswillnotimplementanyreal-
locationofGWI topensioncontributions in excessof thirty-ve
cents ($0.35) without mutual agreement by the parties and subject
toitbeingratiedbytheaffectedemployees.
Memorandum of Understanding
United Parcel Service, Inc. (Ohio and New York Corporation) and
Teamsters United Parcel Service National Negotiating Committee
agree that under Article 26 the Employer may not subcontract feed-
er movements to outside trucking contractors solely because it is
less expensive.
The parties further agree that this Memorandum of Understanding
does not apply to the 2002 Memorandum of Understanding regard-
ing the intent of Article 1, Section 4.
Memorandum of Understanding
Teamster United Parcel Service Negotiating Committee (Union)
and United Parcel Service, Inc. agree that it was their mutual intent
that if a part-time employee completes their assigned duties and
leaves work in less than three-and-one-half hours they shall be con-
sidered to have forfeited the right to their daily three-and-one-half
hour guarantee. This shall not affect an employee’s right to a mini-
mum three (3) hour daily guarantee.
Memorandum of Understanding
United Parcel Service, Inc. (Ohio and New York Corporation), as a
demonstration of its commitment to maintaining jointly adminis-
teredTeamsterpensionbenetplans,andtoenhancethelongterm
- 202 -
stability of pension coverage for its employees represented by
TeamsterLocalUnions,agreesthatforaperiodofve5yearsfrom
the effective date of the National Master Agreement, it will not so-
licit any signatory Local Union to change pension plans, either by
proposing such change during future negotiations of the National
Master Agreement or by encouraging its employees to advocate
withdrawal from participation in their current pension plan.
LETTER OF AGREEMENT
United Parcel Service, Inc. (“UPS” or “Company”) and the Team-
sters UPS National Negotiating Committee (“Union”) agree that
the following will apply to Article 26, Section 4 of the UPS Nation-
al Master Agreement:
(1) In the event the Company’s competition eliminates its service
comparable to Surepost, either nationwide or in any service area,
the Company shall discontinue Surepost on the same basis.
(2) In the event any dispute referred to the chairs pursuant to Article
26 Section 4,(3) cannot be resolved, the matter shall be subject to
expedited arbitration process which will allow the grievance to be
heardwithinsixty(60)daysofling.Therstarbitrator,inalphabet-
ical order, on the East Panel who is available within the sixty (60)
day period, will be selected to hear the case. In the event the arbitra-
torndsthatUPShasexpandedSurepostbeyondthescopeofArti-
cle26,Section4withoutrstobtainingtheconsentoftheUnion,the
arbitrator shall have the authority to fashion a remedy based on the
nature and extent of the violation, including issuing a cease and de-
sist order requiring UPS to terminate the expanded service.
Memorandum of Understanding
United Parcel Service Inc. (UPS) and the Teamsters UPS National
Negotiating Committee (Union) agree to the following in connec-
tion with the former Teamster-represented UPS employees who are
in a retired status as of December 31, 2013 and receiving retiree
medical coverage through a UPS sponsored plan:
- 203 -
1) Retirees in UPS sponsored plans (pre-and post-65) will have the
following contribution rates:
Effective 1-1-2014:
Single-ftydollars($50.00)/retireeplus-onehundreddollars
($100.00)
Effective 1-1-2015:
Single-one hundred dollars ($100.00)/retiree plus-two hundred
dollars ($200.00)
Effective 1-1-2016:
Single-onehundredandfty($150.00)/retireeplus-threehundred
dollars ($300.00)
2) Effective January 1, 2014 all current retiree medical plans will
bemodiedtoprovidean80/20benetinnetwork;70/30benet
out-of-network, and an annual deductible of $200/$400.
3) This Agreement will be applied to retirees covered by the Health
Care Program and formerly represented by Teamster Locals 118,
182, 294, 317, 449, 529, 264A, 687 and 693 in accordance with the
MemorandumofUnderstanding between thepartiesidentied in
this paragraph dated October 22, 2010.
4) Nothing within this paragraph is intended to alter UPS rights
withregardtotheretireeplansasspeciedintheassociatedSum-
mary Plan Description.
LETTER OF AGREEMENT
United Parcel Service, Inc. (“UPS” or “Company”) and the Team-
sters UPS National Negotiating Committee (“Union”) agree to the
following in conjunction with the negotiation of the current Nation-
al Master Agreement.
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1. Part-time employees employed in the Anchorage, Alaska air
gateway shall be entitled to overtime for hours worked in excess of
ve(5)hoursperday.
2. Employees certied 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).
Justin Adams
Rick Armstrong
Rob Atkinson
Brian Ball
Tyler Barrett
George Belanger
Tommy Blitsch
Timothy Boyle
Jamarsae Brown
Ted Bunstine
Rasyne Butler
Glenn Butts
Debbie Calkins
Eliahs Campos
Juan Campos
John Capodanno
Argenis Carrillo
Bill Carroll
Cesar Castro
David Castro
Robert Cherney
Mark Cohen
Roy Coleman
Rob Colone
Pat Darrow
Mark Davison
Steve Day
Enjoli DeGrasse
James Deweese
Lindsay Dougherty
Dean Doss
Jill Dunson
Rich Eichel
Chris Eltzholtz
Ken Emanuelson
Luke Farley
Mike Feinberg
Erin Foley
Willie Ford
Joe Foti
Marty Frates
Abel Garcia
Ed Gleason
Izzy Gray
ChuckGreeneld
Joe Gronek
Tim Hallaran
Brian Hamm
Brian Hammond
Darel Hardenbrook
Brandy Harris
Matt Hasty
Mark Hawkins
Rick Hicks
Kristina Hicks
Matt Higdon
Spencer Hogue
Dennis Hower
Robert Hyde
Eric Jimenez
Thor Johnson
John Juszkeiwicz
Jim Kilbane
Trevor Lawrence
David Licht
Kaitlyn Long
- 205 -
FOR THE EMPLOYEES:
TEAMSTERS NATIONAL UNITED PARCEL SERVICE
NEGOTIATING COMMITTEE
Sean M. O’Brien, Chair
Fred Zuckerman, Co-Chair
Matt Maini
Tom Mari
Eric Massaro
Tim McDonald
Carlos McFadden
Robert Mele
Victor Mineros
Kevin Moore
Chris Muhs
Kristen Nave
Scot Paiva
Joel Palabrica
Jeff Palmerino
Bryan Patel
Falon Patterson
Tobey Patton
Vinnie Perrone
Tom Quackenbush
Scott Quenneville
Brian Rainville
Mike Rankin
David Reeves
Dustin Roach
Dennis Roberts
Todd Robertson
Brian Rothman
Paul Saliani
Johnny Sawyer
Del Schaefer
Kevin Schmitt
Ray Schonsberg
Karla Schumann
Ron Seamans, Jr.
Jason Smith
Carl Snodgrass
Steven South
Ed Spilman
Sam Stewart
Dorian Stone
David Suetholz
Matt Taibi
Ruben Tiscareno
Wes Turner
Eddie Vallejo
Ben Vedus, Jr.
Howard Wells
Dale Wentz
Rob Whartenby
Chuck Whobrey
Yolandous Williams
Chris Williamson
Ellis Wood
Eric Wood
James Wright
Sandra Yasenak
Brian Zodrow
- 206 -
- 207 -
FOR THE EMPLOYER:
UPS
NEGOTIATING COMMITTEE
Lindsay Marshall, Chair
Mark Aaron Matt Loughlin
David Allen Mike Magato
Duane Ammons Mark McElreath
Tracy Barber Cindy Morrone
Dan Bordoni Matthew Mueller
Norm Brothers Rich Murray
Matt Carey Stephen Musson
Brian Castillo Mike O’Connor
Mike Clayton Deb Ostendorp
Tony Coleman Warren Pandiscia
Bob Cowie Nicole Pietrangeli
Jamie Cunningham Robert Pina
Brian Dykes Andrea Quintero
Rob Eans Steve Radigan
John Ernest Willie Rivero
Matt Faulstick Chris Rowland
Melinda Francis Rod Shreve
Bob Gerlach John Slattery
Cormac Gilligan Brian Speller
Leslie Gleue Glenn Steward
Matt Guffey Veronica Terpening
Jasmine Haynes Dominique Thompson
JB Hedrick Kevin Torrey
Greg Hill Marty Urquhart
Matt Hoffman John Veentjer
Craig Holmes Luke Wake
Jeff Hrehovchek Matt Webb
Chris Langan Jim Wells
Lance Laurent Frank Williams