Collective Bargaining Supplemental Agreement Between Drivers

Collective Bargaining Supplemental

Agreement

Between

Drivers

Teamsters Local Union 177

and

United Parcel Service, Inc.

(New Jersey)

Afliated with the International Brotherhood

of Teamsters Local 177

August 1, 2018 to July 31, 2023

Local 177 Executive Board

Chris Eltzholtz Al Ambrogio

Secretary-Treasurer Business Agent

Robert Cherney Bill Gibbs

President Business Agent

Paul Saliani, Jr. William Heady

Vice-President Business Agent

Joe McKenna, Jr. Michael Irving

Recording-Secretary Business Agent

Tony Alers Harold B. Johnson

Trustee Business Agent

Douglas Connon Harry Tansley

Trustee Business Agent

Pablo Cunha

Trustee

Teamster Local 177

Representational Rights Statement

(If you are called to a meeting with management, read the following to

management before the meeting begins.)

“If this discussion could in any way lead to my being disciplined or

terminated, or affect my personal working conditions, I respectfully

request that my Union representative, Ofcer or Shop Steward be

present at this meeting. Without representation present, I choose not to

participate in this discussion.”

Advisory On Withdrawal Cards

Members not working at the craft for a complete calendar month for

reasons other than sickness or injury may request, and be issued, an Hon-

orable Withdrawal Card in accordance with Article XVIII of the International

Constitution.

Members off work for a complete calendar month because of sickness or

injury should contact the Union ofce regarding the issuance of a withdraw-

al card.

Please note that any member who is not required to request a withdrawal

card in accordance with the International Constitution but who requests

and is issued a withdrawal card must be advised that the issuance of that

withdrawal card may result in a break in their twenty-four month continuous

good standing requirement for eligibility to:

• Hold local union ofce.

• Be a Delegate/Alternate Delegate to the next International

Convention.

• Be a candidate to run for International Ofce; and

• Nominate/vote in the election of Union ofcers; the election of

Delegates/Alternates; or, in the election of International Union ofcers.

• Any other continuous good standing requirements of Local Union No.

177 as stated in the Local Union By-Laws.

INDEX

Article Text Page

38 UNION SHOP AND DUES 6

39 WAGES AND HOURS 6

40 HOURS OF WORK AND OVERTIME 12

41 STARTING TIME 15

42 MEAL PERIOD 16

43 LOSS OR DAMAGE 17

44 GRIEVANCE AND ARBITRATION 18

45 SENIORITY 21

46 REPORT PAY 33

47 DISCHARGE 34

48 COMPLETE AGREEMENT 36

49 COMPENSATION HEARINGS 36

50 COURT HEARINGS 36

51 MILITARY CLAUSE 36

52 MEDICAL ARRANGEMENTS 37

53 INSPECTION OF RECORDS 38

54 TRAILER DRIVER TO WORK AS DIRECTED 38

55 WELFARE PLAN 39

56 RETIREMENT PLAN 39

57 HOLIDAYS 39

58 SICK LEAVE 41

59 VACATIONS 41

60 LEAVE OF ABSENCE 45

61 GENERAL MANAGEMENT PROVISION 47

62 JURY DUTY 47

63 PORTER-CAR WASHER JOBS TO BE

RESERVED 47

64 PAY FOR DEATH IN FAMILY 48

65 STEWARDS 48

66 OPERATING CENTERS 49

67 SUMMER REPLACEMENTS 49

68 UNION COOPERATION 49

69 VACANCIES 50

70 MISCELLANEOUS 51

71 AIR CONDITIONING 53

72 PART TIME EMPLOYEES 54

73 MAINTENANCE OF STANDARDS 59

74 DURATION OF AGREEMENT 60

This supplement to the National Master United Parcel Service Agreement

shall apply to all United Parcel employees working in the classications set

forth in the wage schedule within the jurisdiction of Local 177. Except as

provided here, the provisions of the National Master United Parcel Service

Agreement shall prevail.

ARTICLE 38

UNION SHOP AND DUES

SECTION 1

The Employer shall submit to the Secretary/Treasurer of the Local Union,

on or before the 15th of the month, with each dues remittance, a report, by

center, listing all seniority employees alphabetically and the amount of dues,

if any, deducted for each employee.

SECTION 2

The Agency Clause does not apply in the jurisdiction of Local #177.

SECTION 3

The Company agrees to dismiss promptly from any job covered by this

Agreement any worker for failure to tender regular Union initiation fees and

dues or for any other reason of bad standing in the Union, which may from

time to time be permitted by law as a cause of discharge; provided that the

Company is ofcially notied by the Union by register mail to that effect.

SECTION 4

It is the responsibility of the Company to notify the Steward immediately

when a new employee attains seniority. Under no circumstances will this

notication go beyond ve (5) days after seniority is attained.

SECTION 5

All employees hired to perform collective bargaining unit work shall pay

Union dues in the same manner as seniority employees of the collective

bargaining unit. Upon attaining seniority, an employee will be required to pay

the local union initiation fees.

ARTICLE 39

WAGES AND HOURS

SECTION 1 – WORK IN DIFFERENT CLASSIFICATIONS

When an employee, during a working day, is assigned work of two or more

classications, the applicable wage rate will be applied to the time spent in

each classication, except that an employee who works more than one hour

in a higher rated classication as part of their daily work shall receive the

higher rate for the entire day.

SECTION 2

An employee who becomes sick on the job will be paid for all time worked on

that day. An employee who gets hurt on the job will be paid for the entire day.

The Union agrees that abuses will be subject to the grievance procedure.

SECTION 3 – NIGHT DIFFERENTIAL

Full time night workers, employed on or before September 15, 1976, shall

receive a night differential on the following basis:

(a.) A regular full time night worker shall be deemed to be one whose

regularly scheduled hours begin at or after 1:00 P.M., or begin at or

before 5:00 A.M.

(b.) Each regular full time night worker shall receive a night differential as

listed below which shall be in addition to the regular hourly wage rate

for that classication:

Package

Beltman-Sheetwriter .660 Divisional Sorter .690

Section Sorter .690 Return Clerk .680

Return Clerk .680 Sorter .690

Positioner .690 Marker .720

Driver .690 Car Washer .670

Hub Porter .670

Ofce Clerk-Sr. .690 Driver-Tractor .720

Beltman .670 Cashier .690

STARTING RATES FOR NEW FULL TIME EMPLOYEES HIRED ON OR

AFTER 8/1/18

Notwithstanding any provision in this Supplement the progressions set

forth in the National Master Agreement, Article 41, Section 2(c) and 3, will

be controlling with regard to any employee entering a full-time job after

August 1, 2018, covered by those Sections.

The progression for Employees entering a package car driving, feeder, or

other full-time job (other than an Article 43 jobs, air driver or a job covered

by Article 41, Section 3, 4 or 6 of the National Master UPS Agreement) after

August 1, 2018 shall be as follows:

Start $21.00

Twelve (12) months $23.00

Twenty-four (24) months $24.00

Thirty-six (36) months $28.75

Forty-eight (48) months Top Rate

The “top rate” is the wage rate in the job classication in the applicable

Supplement, Rider or Addendum then being paid, including the general

wage increases and cost-of-living increases, if any, paid under the provisions

of the 2018 – 2023 Agreement.

Helpers:

The starting rate for full time year round helpers shall be 50% of the prevailing

package driver rate. After attaining seniority, a 10% increase will be added

one (1) year from their employment date. An additional 5% will be added

two (2) years from their employment date. Full time year round helpers shall

receive the general wage increases as is outlined in Article 41, Section 1 of

the UPS-National Master Agreement.

There will be a 15% cap applied for helpers in each building. This cap will not

be applied between November 1 and January 10.

Peak season helpers hired between November 1 and January 10 shall

receive the all other rate per hour for all hours worked as outlined in Article

22 Section 5 of the UPS-National Master Agreement.

No seniority package driver will be laid off as a direct result of the use of

helpers in his or her building.

If no non-seniority package drivers are working in his or her building, the laid

off employee may displace the junior helper working in his or her Center and

shall be compensated at the laid off employees’ prevailing rate of pay.

If no helpers are working in his or her center, he or she may displace the

most junior helper in the building and will be paid at the helper’s rate of pay.

Employees hired or transferred into the helper classication may request a

transfer to another classication after one (1) year.

Full time helpers who were previous part time employees, who successfully

transfer into full time package driving jobs, will receive top rate of the full time

package driver classication.

Persons hired as helpers, who successfully transfer to full time package

driving jobs, will receive the appropriate rate of pay based on their years of

service.

Full Time Combination Helpers:

The starting rate for new combination full time helpers shall be 50% of the

prevailing package driver rate. After attaining Seniority, a 10 % increase will

be added one (1) year from their employment date. An additional 5% will be

added two (2) years from their employment.

The new full time combination job will consist of any combination of pre-load,

hub or local sort work and driver helper.

The inside portion of these jobs will be paid pursuant to Article 22 of the

National Master Agreement.

Each center will be allowed a maximum of three (3) combination helpers

per center.

The intent of these combination helpers is not to be used as a subterfuge to

deny package drivers overtime.

No seniority package driver will be laid off as a direct result of the use of

combination helpers in his or her building.

Tractor Drivers:

Tractor Drivers pulling any combination of equipment, i.e. double trailers,

single trailer with a dolly, or a dolly will be paid ninety cents (.90) per hour

over the prevailing tractor driver rate for all hours worked. Tractor Drivers

pulling double 40’s will be paid seventy-ve cents (.75) per hour over the

prevailing tractor driver rate for all hours worked. Tractor drivers pulling

triples will be paid eighty cents (.80) over the prevailing tractor driver rate

for all hours worked.

Tractor drivers who pull double or triple trailers a minimum of one hundred

(100) days during the twelve (12) months immediately preceding their

scheduled vacation shall receive the appropriate rate of pay for their vacation.

Tractor Drivers who bid jobs that are scheduled to pull doubles, or triples and

who because of the operating needs of the Company have those doubles

or triples removed from their jobs will have the option to stay with that job

or elect to become a spare driver. Should the doubles return to the vacated

job within 30 days the driver who vacated the job will have the right to return

to that job.

8/1/18 8/1/19 8/1/20 8/1/21 8/1/22

Classication

Package Driver 35.57 36.32 37.12 38.02 39.02

Tractor Driver 35.67 36.42 37.22 38.12 39.12

Package

Beltman-Sheetwriter 35.07 35.82 36.62 37.52 38.52

Return Clerk 35.25 36.00 36.80 37.70 38.70

Section Sorter 35.35 36.10 36.90 37.80 38.80

Positioner 35.42 36.17 36.97 37.87 38.87

Hub

Ofce Clerk, Sr. 35.40 36.15 36.95 37.85 38.85

Beltman 35.22 35.97 36.77 37.67 38.67

Divisional Sorter 35.35 36.10 36.90 37.80 38.80

Return Clerk 36.25 37.00 37.80 38.70 39.70

Sorter

35.42 36.17 36.97 37.87 38.87

Marker

35.67 36.42 37.22 38.12 39.12

Car Washer

35.22 35.97 36.77 37.67 38.67

Porter

35.17 35.92 36.72 37.62 38.62

Clerk, Washers Porters

Hired after 9/15/76 34.10 34.85 35.65 36.55 37.55

Part Time Employees

Hired before 7/1/79

35.60 36.35 37.15 38.05 39.05

Part Time Employees

Hired after 7/1/79

34.60 35.35 36.15 37.05 38.05

Part Time Employees hired after 5/1/82 and prior to 9/4/84.

Sorters and Preloaders 34.63 35.38 36.18 37.08 38.08

All Others 33.63 34.38 35.18 36.08 37.08

WAGE SCHEDULE

(1.) Part time employees hired on or after 9/4/84 and receiving $19.49 per

hour (Preloader-Sorter) and $18.49 per hour. (All Others) on 7/31/02:

Preloader-Sorter All Others

8/1/18 34.33 33.33

8/1/19 35.08 34.08

8/1/20 35.88 34.88

8/1/21 36.78 35.78

8/1/22 37.78 36.78

(2.) Part time employees hired on or after 9/4/84 and receiving $19.19 per

hour (Preloader-Sorter) and $18.19 per hour (All Others) on 7/31/02:

Preloader-Sorter All Others

8/1/18 34.03 33.03

8/1/19 34.78 33.78

8/1/20 35.58 34.58

8/1/21 36.48 35.48

8/1/22 37.48 36.48

(3.) Part time employees hired on or after 9/4/84 and receiving $18.69 per

hour (Preloader-Sorter) and $17.69 per hour (All Others) on 7/31/02:

Preloader-Sorter All Others

8/1/18 33.53 32.53

8/1/19 34.28 33.28

8/1/20 35.08 34.08

8/1/21 35.98 34.98

8/1/22 36.98 35.98

(4.) (a) All part-time employees who have attained seniority as of August 1,

2018 will receive the following general wage increases for each contract

year but will in no case receive less than the hourly start rate specied

on August 1st 2018-2022 as set forth in (b) below. The total wage

increase for each year will be as follows:

2018 - seventy cents (.70)

2019 - seventy ve cents (.75)

2020 - eighty cents (.80)

2021 - ninety cents (.90)

2022 - one dollar (1.00)

(b) All part-time employees, who are hired or reach seniority after August 1,

2018, will be paid according to the following wage schedules:

August 1, 2018 $13.00

August 1, 2019 $14.00

August 1, 2020 $14.50

August 1, 2021 $15.00

August 1, 2022 $15.50

COST OF LIVING ALLOWANCE

See Article 33 of the National Master Teamster – United Parcel Service

Agreement.

ARTICLE 40

HOURS OF WORK AND OVERTIME

SECTION 1

The basic work week for all regular full time employees should be forty (40)

hours per week consisting of eight (8) hours per day, ve (5) days per week,

employees may be required by the Company to work overtime and, in such

event, shall be entitled to overtime pay at a rate of time and one-half for

work performed on any day in excess of eight (8) hours of actual working

time. Any employee who is assigned to full time work shall be afforded an

opportunity to earn not less than eight (8) hours of pay per day.

SECTION 2

(a.) The Company will maintain its present practice of a Monday through

Friday workweek, except as required by the operating needs of the

Company. Any change of the workweek will not be made for a one-

week or two-week period only.

(b.) Day off schedules for all Employees shall be posted by Thursday of the

preceding week for all classications.

SECTION 3

Any full time employee who works on their scheduled day off and is also

available for work on each of their regularly scheduled ve (5) days (except

for absence due to legitimate good cause) shall receive overtime pay at the

rate of time and one-half for all work on such scheduled day off, but in the

event they are absent on any of the regularly scheduled ve (5) days without

legitimate good cause, they shall receive no overtime pay for work on their

scheduled day off.

Employees who are scheduled to work on Sunday as part of their regular

scheduled work week will be paid at double the regular straight time rate of

pay for their seventh (7th) work day.

SECTION 4 – OVERTIME

(a.) It is the policy of the Company to avoid dispatching employees with

excessive overtime whenever possible.

(b.) Where an outside employee feels he or she is being dispatched with

excessive overtime on a regular basis, he or she shall le a complaint

with the Shop Steward who shall in turn bring the matter to the attention

of the Company. The Company agrees to investigate the claim promptly

and take such corrective measures as may be indicated.

(c.) In the event inside employees, in any center or hub, assert that

excessive overtime is being required on a regular basis, the matter shall

be brought to the attention of the Union who shall raise the question with

the Company. The Company will investigate the claim promptly and

take such corrective measures as may be indicated.

(d.) In the event any matter referred to in (b) or (c) above is not resolved as

aforesaid, it shall be referred to the Grievance Procedure in accordance

with Article 44.

(e.) It is the policy of the Company to cooperate with an employee who

desires to be relieved from overtime for bona de personal reasons,

subject to the understanding that such employee will complete his or

her assignment, and subject to the provisions below. Any employee

who desires to be relieved from overtime on a particular day or days

(but in no event more than one week) shall submit a request in writing at

least 24 hours in advance. This request will be processed by both the

Center Manager and the Shop Steward, provided that no more than one

employee in any Center shall be granted such request at any one time.

Such request shall not be submitted during the months of November

and December. With Respect to requests for Relief of Overtime on a

Daily Basis, past practice shall prevail.

SECTION 5

(a.) Work performed by employees before their scheduled starting time

or after their scheduled nishing time shall be paid for at the rate of

one and one-half times their regular straight time rate of pay, it being

understood nevertheless, that an employee receiving overtime pay for

work prior to their scheduled starting time shall receive only their regular

straight time rate of pay for all work performed in the eight (8) hours

following their regular scheduled starting time.

(b.) Package drivers who complete their assigned work and return to the

center in less than eight (8) hours and are re-dispatched with extra

work shall be paid at the overtime rate from the time they complete their

original assignment. This shall not apply to drivers whose planned day

includes being available to cover extra work in the afternoon.

SECTION 6

(a.) In addition to the eight (8) hours pay at regular straight time rate which

will be paid to all full time Employees for the holidays specied in Article

57 of this Agreement, those employees who work on such holidays

shall, in addition, be paid at double the regular straight time rate except

where the regular schedule of work extends into holiday hours.

(b.) Pay at double the regular straight time rate shall be paid for off schedule

Sunday work and for overtime work on Sundays where the regular

schedule of work extends into Sunday hours. This will not apply to the

overtime rate during the period between Thanksgiving and Christmas

when the overtime rate shall be one and one-half times the regular

straight time rate. The Company will, in good faith, hold to a minimum

the overtime hours of employees whose regular schedule of work

extends into Sunday or holiday hours. Any employee except package

drivers and helpers who attain seniority after July 31, 1987 may be

scheduled to work on Sunday at their regular straight time rate of pay. It

is understood employees scheduled to work on Sunday, their workweek

will be ve (5) consecutive days, Sunday through Thursday.

(c.) No full time employee who attains seniority prior to August 1, 1987 shall

be scheduled to work on a Sunday or on any of the holidays specied in

this Agreement, but this provision shall not apply to employees whose

regular schedule of work extends into Sunday or Holiday Hours.

(d.) Pyramiding of overtime. It is mutually understood and agreed that the

overtime provisions of this Agreement cover all overtime payments to

which an employee is entitled whether by Agreement or statute or both.

There shall not be any pyramiding of overtime.

SECTION 7 – SUPERVISORS WORKING

(a.) The work of Supervisors will not include assignment to work normally

performed by employees of the bargaining unit except for training or

demonstration. “Training or demonstration” shall not be used as a

subterfuge for the performing of any bargaining unit work. Any claimed

abuses will be referred to the grievance procedure.

(b.) Day off people will be called in seniority order in the center where the

need occurs. Then, all people living within a reasonable distance (one

hour ride) to any center other than their own and interested in working

on their day off, will submit their names and telephone numbers to the

Shop Steward and the Center Manager. The Manager then will make a

list of these people, in seniority order, and exhaust this list before using

a Supervisor.

(c.) In the event of a supervisor working grievance having been paid and

in the event of subsequent violations of the same identied supervisor

performing bargaining unit work, the following steps will be applied:

(1.) For the second violation the Division Manager and the District Labor

Relations Manager will be notied and the affected employee will be

paid two (2) hours or the actual hours worked, whichever is greater

at double time the affected employee’s rate of pay.

(2.) For a third violation the matter will be taken up with the Region

Labor Relations Manager and the Local Union. The affected

employee will be paid four (4) hours or the actual hours worked,

whichever is greater at double time the employee’s rate of pay.

ARTICLE 41

STARTING TIMES

SECTION 1

The Company shall x the starting time for employees, which shall remain

constant during any particular week, but which may be changed from week

to week. The Company may elect to have Package Drivers start twenty

(20) minutes or less prior to the weekly posted start time. This provision

will be limited to one day per work week. Drivers shall receive the straight

time rate of pay for such time. From the rst Monday after Thanksgiving

through the Monday before Christmas, package car drivers may be offered

on a voluntary basis and in seniority order an early start time opportunity

exceeding the twenty (20) minutes listed above. All drivers accepting the

opportunity will be paid at the straight time rate of pay for the early start.

This shall not apply to drivers who are asked or called in for extra work. It is

mutually agreed that this provision will not be used as a subterfuge to deny

any driver the opportunity to the above language.

The xed starting time shall not apply to employees who are scheduled

to work on Sunday at their regular straight time rate of pay but will remain

constant for the remainder of the regular schedule work week.

SECTION 2

No restriction as to starting time shall be applied to central relief people, but

the Company shall identify such relief people to the Union and the Shop

Steward.

SECTION 3

The choice of starting times shall be on a seniority basis.

SECTION 4 – PAY FROM STARTING TIME

Seniority employees who are called in on day off or from lay off shall be paid

from regular starting time. This shall not apply in cases where abuses have

been called to the attention of the Union by the Company.

SECTION 5

Before changing the weekly scheduled starting time of any package driver

more than one-half hour beyond 8:30 A.M. or more than one hour regardless

of the time, the Company shall notify the Union of said change and, upon the

prompt request of the Union, will discuss the matter with the Union prior to

said change. In the event the change is made without Agreement from the

Union, the Union may grieve the issue of whether the change was arbitrary

or unreasonable.

SECTION 6

In the event of a starting time change of more than one (1) hour or a

new starting time, full time inside employees may select the new full time

starting time within their classication, by building or by center whichever is

applicable, in seniority order if qualied to perform the work.

ARTICLE 42

MEAL PERIOD

SECTION 1

(a.) A driver will be allowed twenty (20) minutes for breakfast and forty (40)

minutes for lunch for each day worked. This time will not be counted as

time worked by such driver. The time for breakfast must be taken prior

to 11:00 a.m. The time for lunch must be taken and completed within

the hours of 12:00 and 3:30 P.M. Drivers may on a quarterly basis opt

to take a half hour lunch instead of a full hour lunch. If a driver elects

the half hour lunch option, they are not entitled to break it up or take

breakfast. Drivers may opt on to the half hour lunch option for the rst

quarter by December 15, the second quarter by March 15, the third

quarter by June 15 and the fourth quarter by September 15. A driver

may elect to opt off the half hour lunch option by giving two (2) weeks’

notice to the Shop Steward and Manager.

(b.) After the completion of eight and one-half (8 ½) hours of work all drivers

shall receive fteen (15) minutes additional pay. This shall not apply to

drivers who attain seniority after July 31, 1987. Those drivers attaining

seniority after July 31, 1987 and hired on or before July 31, 2002 shall,

after the completion of eight (8) hours of work, receive an additional ten

(10) minutes of pay at the straight time rate.

(c.) Feeder drivers shall be scheduled for one hour eating time to be

started not sooner than three (3) and not later than ve (5) hours after

scheduled starting time.

(d.) There shall be no work done during any of the above meal periods.

(e.) The specic time taken for each meal period shall be marked on the

time card immediately at the start of such period. The Company agrees

that they will not harass employees during the meal period.

(f.) Mileage drivers may elect to forego their lunch period provided there

is no delay at their turn around. Drivers electing not to take their lunch

must notify the appropriate management person.

SECTION 2

(a.) For inside employees, the Company shall allow one (1) hour eating time

to be started not sooner than three (3) and not later than ve (5) hours

of work, except that any employee who requests an eating period either

earlier than three (3) hours or later than ve (5) hours will be permitted

to have their lunch period at such time subject to the consent of the

Company. The Company may, with the consent of the Union, schedule

inside employees for less than one (1) hour lunch, but in no case less

than thirty (30) minutes.

(b.) All regular full time inside employees will be allowed two (2) fteen (15)

minute coffee periods each work day, the time for which will be set by

mutual Agreement of the Company and the Union.

ARTICLE 43

LOSS OR DAMAGE

See Article 10 of National Master Teamster – United Parcel Agreement.

ARTICLE 44

GRIEVANCE AND ARBITRATION

The parties agree that the Local Parcel Grievance Procedure referred to in

Article 7, of the National Master United Parcel Service Agreement shall be

as follows:

SECTION 1

Employees shall have the Shop Steward present on any grievance.

SECTION 2 – GRIEVANCES

A grievance is hereby jointly dened to be any controversy, complaint,

misunderstanding or dispute arising as to interpretation, application or

observance of any of the provisions of this Agreement.

Grievance procedures may be invoked only by authorized Union

representatives.

In the event of a grievance, it shall be handled in the following manner:

(a.) The employee shall report it to his or her Shop Steward in writing within

ve (5) working days. The Steward shall attempt to adjust the matter

with the Supervisor within forty-eight (48) hours.

(b.) Failing to agree, the Shop Steward shall promptly report the matter to

the Union which shall submit it in writing and attempt to adjust the same

with the Employer within ve (5) days.

(c.) If the parties fail to reach a decision or agree upon a settlement in the

matter, it shall be submitted in writing within ten (10) working days,

unless otherwise mutually agreed to.

(d.) The appropriate Local Parcel Grievance Procedure as set forth in this

Supplement, if it is a grievance relating to the Supplemental Agreement

or a matter not relating to the interpretation of the National Master United

Parcel Service Agreement or appeal from discharge or suspension.

Any grievance settlement not paid within ten (10) working days of

the settlement shall entitle the grievant(s) to a penalty payment.

Such penalty payment will be equal to one half (1/2) of his/her daily

guarantee at his/her regular hourly rate. The ten (10) working day

period shall begin to run when the Labor Department representative

agrees to the settlement, or is notied by the Union or management

team of the settlement. The Union will notify the Company of a grievant

settlement with an agreed to standardized form. The Employer shall pay

a maximum of one penalty payment for a multi-grievant grievance.

SECTION 3

All questions of interpretation arising under the provisions of the National

Master United Parcel Service Agreement shall be resolved in the manner

described in Article 8 of the National Grievance Procedure in the National

Master United Parcel Service Agreement.

SECTION 4

It is agreed that the Company and the Union will abide by the Rules of

Procedure adopted by the National Grievance Committee.

SECTION 5

Grievances to be heard under the Local Grievance Procedure will be referred

to arbitration.

SECTION 6 – ARBITRATION

If any grievances or disputes cannot be satisfactorily settled by the parties,

then the grievance may be submitted to an arbitrator from an agreed-upon

list of arbitrators by either or both parties. It is agreed that the arbitrator

is empowered to hear and decide a case even if only one of the parties

submits to arbitration, or, if one of the parties fails to appear at the hearing

or to present evidence. The arbitrator shall have the authority to apply the

provisions of this Agreement, and to render a decision on any grievance

coming before him, but shall not have the authority to amend or modify this

Agreement or establish new terms and conditions under this Agreement.

The cost of arbitration shall be shared equally by the parties. The decision

of the arbitrator shall be nal and binding on the parties and employees

involved. In the event that the losing party fails to abide by the arbitrator’s

decision, or that either party refuses to submit to his jurisdiction, the other

party shall have the right to take all legal or economic recourse. All costs

in connection with the ling of late postponements and or withdrawals of

scheduled Arbitration hearings shall be borne by the party requesting the

cancellation or withdrawal. Arbitrator fees shall be paid as per past practice.

SECTION 7 – NO STRIKES – NO LOCKOUTS

The Union and the Employer agree that there shall be no strike, picketing,

lockout, tie-up, or legal proceedings without rst using all possible means of

settlement, as provided for in this Agreement or any Supplement hereto, of

any controversy which might arise under this Agreement. The parties further

agree that the words “legal proceedings” as used in this paragraph shall not

be construed to prohibit the Union or the Employer from going to court of

proper jurisdiction for an injunction against the other for breach of the no-

strike, no lock-out, no tie-up, no picketing promises made herein.

SECTION 8 – APPROVAL BY INTERNATIONAL BROTHERHOOD OF

TEAMSTERS

Before any strike or stoppage of work takes place over a grievance or

interpretation arising out of this Supplement that cannot be settled in

accordance with the grievance machinery as set out in this Agreement,

there must be approval by the General President of the International

Brotherhood of Teamsters or his duly authorized representative, with notice

of such approval to be given to the Employer, in writing, prior to such a strike

or stoppage of work. The granting of such approval by the International

Brotherhood of Teamsters shall not impose any liability on the International

Brotherhood of Teamsters.

SECTION 9 – ILLEGAL STRIKE

It is further mutually agreed that the Local Union will, within two (2) weeks of

the date of the signing of this Agreement, serve upon the Employer a written

notice which notice will list the Union’s authorized representatives who will

deal with the Employer, make commitments for the Union generally and in

particular have the sole authority to act for the Union in calling or instituting

strikes or any stoppages of work in a case where a strike or stoppage is

authorized under this Agreement, and the Union shall not be liable for any

activities unless so authorized.

It is agreed that in all cases of unauthorized strike, slowdown, walkout, or

any unauthorized cessation of work in violation of this Agreement, the Union

shall not be liable for damages resulting from any unauthorized action of

its members. While the Union shall promptly undertake every reasonable

means to induce said employees to return to their jobs during such period

of unauthorized stoppage or work mentioned above, it is specically

understood and agreed that the Employer shall have the sole and complete

right to discharge any employee participating in any unauthorized strike,

slowdown, walkout or any other cessation of work and such employee shall

not be entitled to have any recourse to any other provision of this Agreement.

SECTION 10 – EXAMINATION OF RECORDS

The Local Union Business Agent shall have the right to examine time sheets

and any other records pertaining to the computation of compensation or

fringe benets of any employee whose pay is in dispute or records pertaining

to a specic grievance.

SECTION 11 – HEALTH, WELFARE, AND PENSION CONTRIBUTIONS

(a.) Notwithstanding anything herein contained, it is agreed that in the event

the Company is delinquent at the end of a period in the payment of its

contribution to the Health and Welfare or Pension Fund or Funds created

under this Agreement, in accordance with the rules and regulations of

the Trustees of such Funds, the employees or their representatives,

after the proper ofcial of the Local Union shall have given seventy-two

(72) hours’ notice to the Company of such delinquency in Health and

Welfare or Pension payments, shall have the right to take such action

as they deem necessary until such delinquent payments are made and

it is further agreed that in the event such action is taken, the Company

shall be responsible to the employees for losses resulting therefrom.

(b.) It is mutually agreed that all monies due and owing under the Health and

Welfare and Pension provisions of this Agreement shall be considered

as wages and collectible as such.

ARTICLE 45

SENIORITY

SECTION 1 – ACQUISITION OF SENIORITY

(a.) After thirty (30) days of work within a sixty (60) consecutive day period,

not to include the orientation period which shall not last more than fteen

(15) working days, a new employee will acquire seniority and his/her

seniority date shall be the original date of his/her employment, provided,

however, that the time worked in the free period shall not count towards

the acquisition of seniority.

Employees seeking to obtain seniority, whether as a new hire or as a

part-time transfer, shall be provided with the opportunity to work thirty

(30) days within a sixty (60) consecutive day period. In the event the

employee has not yet worked thirty (30) days, such employee shall

automatically attain seniority upon the sixtieth (60th) day.

Newly hired employees attending orientation shall be paid the daily

rate of eighty-eight dollars ($88.00) for full time employees and thirty-

eight dollars and fty cents ($38.50) for part time employees. Part time

employees transferring to full time positions shall be paid eighty-eight

dollars ($88.00) per day for such orientation periods. Orientation periods

shall be used for the expressed purpose of training and demonstration,

any violations shall be subject to the Grievance Procedure. Upon

qualifying in the new job assignment, current seniority employees shall

be compensated the difference between the orientation rate and the

applicable rate for the classication of work for time spent in orientation.

(b) There shall be a free period beginning October 15th and ending

January 10th in each year, during which no employee can qualify for

seniority.

after January 10th or recalled within sixty (60) days after January 10th

will retain credit for the number of days worked prior to October 15th.

Those days retained will count towards the thirty (30) days worked in a

sixty (60) consecutive day period commencing with the rst day worked

after January 10th.

(d) Any violation of the January 10th cutoff by assigning free period

employees package car or feeder driving work will result in the creation

of a permanent full-time position in the package or feeder classication

to be lled and awarded per the applicable vacancy provisions of this

supplement.

The following subsections shall apply to Package Drivers only.

(e) Non-permanent Drivers

During the period of June 1 to January 10, the Company can hire non-

permanent, non-seniority accruing drivers. The number of these drivers

will not exceed 10% of the assigned stafng per center during the period

between June1 and September 30.

If a non-permanent driver is offered a permanent driver job, the Company

will immediately notify the Shop Steward of such status change, and upon

following the transfer language in Section 4 of this Article, the following shall

apply:

1. If a non-permanent driver is offered a permanent driving job in the

same year as hired, the employee will not be required to complete

another thirty (30) working day qualication period. If the employee has

not yet completed the thirty (30) days, they will only have to complete

the remainder of the thirty (30) days.

2. An employee attaining seniority in the same year that they are initially

hired, will have their seniority date moved back to the rst date they

worked that year. Their attainment date will be their rst day worked as

a permanent employee.

3. If a Non-permanent driver is hired prior to October 1, and recalled

prior to April 1 of the following year as a permanent driver, that employee

will immediately attain seniority, and retain their original hire date as

their seniority date.

4. If a Non-permanent driver is hired October 1 or later, and recalled

prior to April 1 the following year as a permanent driver, that employee

will retain credit for all days worked prior to November 15. If the

employee has not yet completed their thirty (30) days, they will only

have to complete the remainder of the thirty (30) days and retain their

original hire date as their seniority date.

5. If a Non-permanent driver is rehired after April 1 the following year,

they will be considered a newly hired employee, and have a new

seniority date.

6. No driver hired as a permanent can be rehired as a Non-permanent

driver in the same year. An employee hired as a non-permanent driver

for any two periods and have not been offered a permanent driver

position, cannot be rehired as a non-permanent driver in any year.

(f) Days worked from November 15 through January 10 will not count

towards the 30 in 60-day seniority accruing period for part time to full time

transfers to package driver.

SECTION 2 – PACKAGE SENIORITY

(a.) Center Seniority.

There shall be separate seniority lists for the inside employees of each

package center and separate seniority lists for the outside employees of

each package center. There shall be a separate seniority list for the package

center clerical employees in the Local’s jurisdiction; a separate seniority list

for package center porters in the Local’s jurisdiction and a separate seniority

list for car washers in the Local’s jurisdiction which separate seniority list shall

be used for purposes of layoffs. For purposes of vacation, six (6) day work

and job preference, the porters and car washers shall be on separate building

seniority lists by classication. Clerks shall be on a center seniority list.

(b.) Job Assignment.

Assignment of work shall be made on the basis of seniority lists described in

(a) above. A full time inside employee assigned to eight (8) continuous hours

of work shall not be displaced from his assignment by a part time employee.

(c.) 1. Job Preference.

Drivers shall be given preference in their center, based on seniority,

to a more desirable delivery area or to a permanent delivery split or to a

permanent full time pick up area when a vacancy occurs. A permanent split

is dened as a split or splits which has been in effect for three (3) months

for at least three (3) days each week. With respect to the number of moves

by driver’s preference, past practice shall prevail, provided, however, that

notwithstanding the past practice, drivers will be permitted the right to make

a minimum of three (3) moves. Additional moves, if any, above three (3) shall

be in accordance with past practice. In the event said area or split is not

requested, the Center Manager will assign the work to the most junior driver

in the center. The Company shall promptly and conspicuously post notice

of any permanent vacancy. Such notice shall remain posted for a period of

two (2) weeks. The Company will post for bid all assignments within two (2)

weeks of being vacated. Upon completion of the two (2) week bid process,

the senior employee will be assigned to the bid no later than ve (5) working

days. Failure to complete the above-mentioned procedure the District Labor

Manager must ll the vacancy within ve (5) working days. The above

language shall not apply during the months of November and December. A

driver shall have a thirty (30) day trial period before the permanent vacancy

is awarded to him or her.

2. Training routes.

There shall be a maximum of three (3) training routes per center. Training

routes shall be bid. A driver who bids a training route will become a split

driver while a trainee is being trained.

(d.) Change in Starting Time.

Where the starting time of an area is changed, the regular driver, may elect to

remain on the area. If the change is from an earlier start time to a later start

time and driver elects not to go with the area, he or she may nevertheless

claim the area back if it is changed to the original starting time within the

thirty (30) working day period. Where a driver’s area is changed from a

later start time to an earlier start time, a more senior driver may displace the

driver being changed. The area that becomes available as a result of this

displacement shall be bid. Additional moves, if any, will be assigned by the

Employer. There shall be a ten (10) day probationary period of the driver on

the new area.

(e.) Sixth day work.

Day off people will be called in seniority order in the center where the need

occurs. Then, all people living within a reasonable distance (one hour ride)

to any center other than their own and interested in working on their day off,

will submit their names and telephone numbers to the Shop Steward and

the Center Manager. The Manager then will make a list of these people in

seniority order and exhaust this list before using a Supervisor.

(f.) Night Package Job Preference.

When a permanent vacancy occurs in the night package operations, a senior

employee shall be given an opportunity to select such assignment subject to

the operating needs of the Company.

SECTION 3 – HUB SENIORITY

(a.) Seniority Lists

(1.) There will be a separate seniority list for each of the following

hubs: Meadowlands (Secaucus), Saddle Brook, Edison, Cranbury and

Parsippany inside employees.

(2.) In the event a new hub is created within the jurisdiction of the

Union, the hub inside employees in said facility shall have the right to

transfer by classication to the new hub, on a seniority basis, subject to

the operating needs of the Company.

(b.) Hub Inside Job Preference

Employees in each hub inside classication shall be given preference, based

on seniority, to transfer to a more desirable starting time when a permanent

job vacancy occurs or a new job is created in such classication. The

Company will promptly and conspicuously post notice of such new job for a

period of two (2) weeks and the applicable starting time. If, through a change

of operations, the marker classication is eliminated in the Meadowlands

Hub, the existing employees in that classication shall continue to receive

the markers’ rate of pay unless the employee voluntarily transfers.

In the event of any claimed abuses in the reassignment of hub inside

employees within a classication from one work place to another in the

course of a work day, the matter shall be referred to the Grievance Procedure

in accordance with Article 44.

(c.) Trailer Driver

(1.) (a) There shall be a separate seniority list for each of the following

Districts:

A. Central

B. Metro

C. North

(b) There shall be two lists in each District:

A. Company Seniority List

B. Classication Seniority List

classication seniority shall prevail. For the purpose of layoff, and

vacation selection, full time Company seniority shall prevail.

(d) Layoff. After ve (5) consecutive days of layoff, the affected

employee shall have the right to displace the most junior feeder driver

within the jurisdiction of the Local.

(e) Bidding.

(1.) Each year on or about February 1st there shall be bids for all

feeder drivers. Bids will be posted for two weeks prior to the start of

the bidding process. Feeder bids shall be selected by District and the

selection of bids shall be by classication seniority. This bidding will

be done off the job during the work week. The bidding process for

each district will be completed in 10 business days or less.

Once job selections begin, there will be no changes to the posted

yearly/annual bids being offered for thirty (30) calendar days.

Drivers who are scheduled to be on vacation during the bidding

process must leave bid picks with the Shop Steward or Management.

All other drivers on extended absences will be contacted by telephone

for their bid selections. Drivers who refused to pick within twenty-four

(24) hours will be bypassed. The bypassing of a driver during the

bidding process must be mutually agreed to by the Union and the

Company.

If during the annual bidding process the Company abolishes a

previously selected bid, after the annual bidding process is complete,

using feeder seniority the affected driver(s) may displace any lower

seniority driver within their District or elect to become a spare driver.

Using the same principle of seniority each displaced driver(s) may

utilized these options.

(2.) Vacations picks will be posted November 1st for a two week period.

Vacation picks will begin November 15th and must be completed

on or before December 25th. The vacation period extends from

December 26th to the Saturday following Thanksgiving of the

following year. Vacation selection will be done off the job during the

work week.

Drivers who will be unavailable to make their vacation selections

due to their driving assignments will be required to leave their

vacation picks at the start of their work day. In addition, those

drivers nishing work who will be eligible to pick vacation prior

to their next scheduled start time will be required to leave their

vacation picks with the Shop Steward or Management. All drivers

who will be on vacation during the vacation selection process will be

required to leave their vacation selections with the Shop Steward or

Management prior to the start of their vacation. All other drivers on

extended absences will be contacted by telephone for their vacation

selections. Drivers who refused to pick in a timely manner or fail

to leave picks will be bypassed until such time that they are willing

to pick or have submitted their picks to Management or a Shop

Steward. These drivers will be awarded their vacation weeks based

upon the availability of weeks open at the time of their submission.

The bypassing of a driver during the vacation selection process

must be mutually agreed to by the Union and the Company.

Each week a percentage of the drivers eligible to pick will be

required to do so within the allotted time. No less than 25% of the

drivers eligible to pick will do so each week. Notication of what

week a driver will be required to pick will be posted along with the

vacation picks for the two week period prior to the beginning of the

vacation selection process.

Where a new full time trailer driver’s assignment is created and is in

effect for more than twenty (20) working days or a vacancy occurs

in an existing full time feeder assignment, drivers shall be given

preference within the District based on classication seniority to

said assignment. In the event no driver in the District requests said

assignment, the Company will assign the work. The Company shall

promptly and conspicuously post notice of any permanent vacancy.

Such notice shall remain posted for a period of two (2) weeks.

(f.) Transfer. Transfers within classications may be requested to any

District within the Local’s jurisdiction and if approved, shall be granted by

classication seniority.

(g.) Miscellaneous Feeders.

(1.) In the event a new District is created within the jurisdiction of the

Union, trailer drivers in the existing Districts shall have the right to

transfer to the new District within classication, on a seniority basis,

subject to the operating needs of the Company.

(2.) In the event a new hub is created within the jurisdiction of the

Union, the trailer drivers in said hub shall be on the same seniority

list as the existing trailer drivers. Trailer drivers in the existing hub

shall have the right to transfer to the hub, within classication, on a

seniority basis, subject to the operating needs of the Company.

(3.) If a feeder job is abolished, or changed by fty (50) percent or if the

starting time is changed by more than one (1) hour, the driver may;

stay with the job, or elect to become a spare, or exercise his/her

feeder seniority to displace a junior driver within their district. This

procedure is limited to ve (5) displacements. The sixth move is to

dovetail onto the spare list. This displacement option will not apply

from November 15th through December 25th.

The shop steward will be actively involved in the displacement

process as not to disrupt the employers operations. Each week, one

(1) day before the weekly schedule is posted the Union will notify,

in writing, the appropriate management representative of any bid

reassignments.

(4.) If a trailer driver chooses to bid on a permanent vacant job, his or

her job will then go up for bid only if he or she vacates a bid job.

(5.) If a run’s switch point is changed more than twenty-ve (25) miles

or if the starting time of a run changes from the night differential rate

to the day or vice versa, the driver (provided he or she has been on

the run for at least thirty (30) working days at the time of the change)

may utilize the options in number 3 above. If the driver has been on

the run for less than thirty (30) working days, the run shall be rebid

at the time of the change.

(6.) Runs which are put up for bid will be identied by starting time and

switch points.

(7.) Spare drivers will be assigned in accordance with past practice,

except assignment will be made by District.

(8.) The Company, whenever possible, will give one (1) week’s notice

of change of starting times or switch points on bid runs to the Shop

Steward or the Union ofce.

(9.) Feeder vacation selection will be made by District.

(10.) The Company, whenever possible, will adhere to the drivers

scheduled bid.

(11.) Seniority feeder drivers shall not be forced onto any open bid

assignment as a permanent assignment. Should no feeder driver

elect the posted open bid assignment, such assignment shall be

lled from the feeder driver weekly spare list in their district. Open

jobs shall be posted for a minimum two (2) weeks per the bidding

language. If jobs are not lled within the two (2) week minimum,

such jobs shall remain posted until such time the bid is lled.

(d.) Sixth Day Work

(1.) Hub employees (inside and outside) who are interested in the sixth

(6th) day work, will submit their names and telephone numbers to

their Managers. Day off employees will be called in seniority order,

by classication, provided there is no more than ve (5) hours

variance between his or her regular scheduled starting time and

the starting time of the job to be lled and provided he or she has

submitted their name and telephone number.

(2.) The sixth day employee will take the scheduled starting time of the

job for which he or she is called.

SECTION 4 – GEOGRAPHIC TRANSFER PACKAGE

(a.) Transfers, within classication, may be requested to any operating

center or hub in the Local’s jurisdiction and if approved shall be granted

in seniority order. A list shall be prepared of employees requesting said

transfers. If the job is not lled by transfers within classication, it shall

be offered to the overall transfer list. The transfer list shall include the

location and classication to which an employee wishes to transfer.

Employees will be notied within fteen (15) working days as to the

status of their transfer. No transfers will be honored during the month

of December.

(b.) Except in special hardship cases, candidates for transfer must have at

least six (6) months of service.

(c.) There will be a thirty ve (35) calendar day probationary period for such

transferred employees.

(d.) The Company shall have the right to ll one (1) permanent vacancy for

every three (3) employees transferred to each such center.

1. Permanent package driver vacancies will be lled on a 2-1-2-1

Basis two (2) package to package, one (1) full time transfer, two (2)

part time transfers (within District), one (1) new hire. If for any reason

two (2) package car drivers do not ll the rst two (2) vacancies by

transferring the vacancies will be lled by the full time transfer list for

a total of three (3) full time employees. If full time employees do not

ll those vacancies part time employees (in the District) will ll those

positions. If part time employees ll the open position, the next position

will be lled by a new hire.

(e.) If an employee transfers, the transferee shall be placed on the seniority

list in the center to which he or she transferred and his or her seniority

date shall be the date of the transfer for purposes of bidding, etc.

However, he or she shall maintain his or her Company seniority date for

number of weeks’ vacation, and retirement, etc. Vacation selection shall

be based on full time Company seniority date.

(f.) The Company shall supply necessary material when available to enable

an employee to do the necessary studies within any classication in

order to qualify for a transfer.

(g.) If a driver transfers within his or her building the new opening created

in the transferee’s original center shall be lled by a new hire or a

promoted part timer, whichever is applicable. Such transferee shall not

be allowed to request another transfer within the building for a period

of one (1) year.

(h.) In the event a new package center is created within the jurisdiction of

the Union, all drivers in the new center will be placed on the seniority list

using their classication seniority.

SECTION 5 – DAY OFF

Day-off schedules will be established according to seniority, wherever

this does not restrict or hamper operations. The Company will not be

unreasonable in the application of this provision.

Assignment of Sunday, holiday and day-off work on basis of seniority shall be

mutually agreed upon as to each center. Day off schedules in the Package

classication will be established by Center.

Day off schedule for all classications shall be posted by Thursday evening

of the preceding week.

Seniority employees who are called in on day off or from layoff shall be paid

from regular starting time. This shall not apply in cases where abuses have

been called to the attention of the Union by the Company.

SECTION 6 – DAY TO DAY LAY OFF

When it becomes necessary to reduce the work force, full time seniority

employees shall be laid off by classication within the center, based on full

time Company seniority:

(1) The employee to be laid off shall be the junior employee within

his or her classication within the center, based on full time Company

seniority.

(2) The laid off employee will displace a non-seniority employee in his

or her classication within the building.

(3) If no non-seniority employees are working, the laid off employee

may displace a part time employee within the building, if qualied.

(4) May displace two (2) part time employees within the building, if

qualied.

(5) If two (2) shifts of part time employees are not available within the

building, he or she may displace two (2) part time employees within his

or her District’s hub, if qualied.

(6) If two (2) shifts of part time employees are not available in his or

her District’s hub, he or she may displace two (2) part time employees

in any other hub within the jurisdiction of Local 177, if qualied.

(7) The above shall apply only if the affected employee shall have

eight (8) hours of off duty time prior to his or her scheduled starting

time.

(8) The affected employee may displace the part timer working the

greatest number of hours whose work he or she is qualied to perform

at the laid off employee’s prevailing rate of pay.

(9) The two (2) junior employees in each center with two (2) years or

less seniority if laid off, shall be entitled to subsections 2 and 3 above.

SECTION 7 – PERMANENT LAYOFF

After ve (5) consecutive days of day to day layoff in an employee’s

classication, the following permanent layoff language shall apply.

When it becomes necessary to reduce the work force, full time seniority

employees shall be laid off by classication within the center, based on full

time Company seniority:

(1.) The employee to be laid off shall be the junior employee within his or

her classication within the building.

(2.) The laid off employee may displace a part time employee within the

building if qualied or,

(3.) May displace two (2) part time employees within the building, if

qualied.

(4.) If two (2) shifts of part time employees are not available within the

building he or she may displace two (2) part time employees within his

or her District’s hub, if qualied.

(5.) If two (2) shifts of part time employees are not available in his or her

District’s hub, he or she may displace two (2) part time employees in

any other hub within the jurisdiction of Local 177, if qualied.

(6.) The affected employee may displace the part timer working the

greatest number of hours whose work he or she is qualied to perform,

at the laid off employee’s prevailing rate of pay.

(7.) When work again becomes available in the employee’s classication or

location, he or she shall return by seniority to their original job.

(8.) Stewards shall be the last employees to be laid off within the center

and rst to be recalled.

(9.) The above permanent layoff language does not apply to the two (2)

most junior employees in each center with less than two (2) years

seniority during the rst three (3) weeks of January.

SECTION 8 – LOSS OF SENIORITY

Any employee shall lose all seniority rights if:

(a.) He or she quits.

(b.) He or she is discharged.

(c.) He or she is absent without good cause and fails to notify the Company

within three (3) working days. Good cause will be determined by both

the Company and the Union.

(d.) Layoff in excess of the following allowed period has elapsed since he or

she last worked for the Company:

Seniority Allowed Period

Less than 3 Mos. 4 Mos.

3 Mos. And over, but less than 4 6 Mos.

4 Mos. And over, but less than 5 8 Mos.

5 Mos. And over, but less than 6 10 Mos.

6 Mos. And over, but less than 24 12 Mos.

24 Mos. And over 24 Mos.

(e.) He or she is promoted to a supervisory position.

SECTION 9 – SENIORITY CLAIM

When the Union noties the Company of a claim of violation of the seniority

provisions, the employee shall be entitled to actual time lost before the date

of such notice, up to a maximum limit of one week’s pay, plus all time lost

between the date of such notice and the date of correction of the violation

by the Company.

ARTICLE 46

REPORT PAY

SECTION 1

Any full time seniority employee who is scheduled to report for work and

does report will be afforded an opportunity to earn eight (8) hours pay in their

regular classication of work, unless notied not to report by the completion

of his current working day or prior thereto, or if not working, then by telegram

led with Western Union not later than 4:30 p.m. of the day before such

reporting day or other notice prior thereto. While Sunday will be acceptable

for the purposes of notifying employees to report for work on Monday, the

Company agrees not to use Sunday for the purpose of advising employees

not to report for work on Monday.

SECTION 2

It is understood that employees may be assigned in classication to work

in their home center or at places other than their home center, as follows:

(a.) Employees will be required to accept assignments, within classication,

when ordered, anywhere within their area.

(b.) Any employee who refuses an assignment out of his/her classication

under the above conditions will forfeit their rights to report pay.

SECTION 3

For the purposes of other assignments, the following areas are applicable:

(1.) Lakewood, Tinton Falls, Trenton

(2.) Edison, Staten Island, Gould Avenue, Meadowlands

(3.) Parsippany, Bound Brook, Mt. Olive

(4.) Chester, New Windsor, Spring Valley

(5.) Saddle Brook, Lyndhurst

When accepting such assignments the Company agrees to provide

transportation and/or reimburse an employee for all travel time and expenses

incurred to and from locations. In those instances where one’s residence is

in close proximity to the reporting area the employee shall have the option of

reporting to his/her home center or the center of the assignment. The option

of where to report is solely the choice of the affected employee.

SECTION 4

When an act of God (snow, ood, hurricane, etc.) occurs, employees who

are not put to work will not be entitled to any daily, weekly, or reporting

guarantees. An employee who calls in and is instructed by management to

report to work and is not allowed to work will be paid half of his or her daily

guarantee.

ARTICLE 47

DISCHARGE

SECTION 1

The following shall be causes for immediate suspension or discharge of an

employee: drinking, or proven or admitted dishonesty, situations involving

serious physical violence, or serious threats of physical violence, or severe

physical sexual harassment, or repeated lewd comments of severe sexual

nature directed at an individual.

As a matter of interpretation, “serious physical violence” shall not include the

following: accidental physical contact or actions reasonably taken in self-

defense, pointing of one’s nger at another, loud and/or abusive behavior

including foul language.

As a matter of interpretation, “serious threats of physical violence” shall be

limited to a clear threat of imminent physical harm under circumstances

demonstrating a reasonable ability to do so.

In any and all other matters involving a disciplinary action, the parties agree

that the employee will remain on the job until such a time of the scheduled

arbitration hearing.

In those cases involving disciplinary action where suspension or discharge

without pay is not authorized pursuant to the above, but where the Company

feels the need to put the employee off property, the parties agree to

submit the issues on a priority basis to the expedited discharge arbitration

procedure, and the Company agrees to pay that employee all wages and

benets until the completion of the expedited arbitration process. Cases in

which the employee is immediately discharged without pay for the grounds

set forth above shall have precedence over discharge cases in which the

employee remains on the job in the expedited arbitration process.

Any claimed violation of this Agreement shall be heard simultaneously by the

discharge arbitrator.

This Agreement shall not affect either parties’ rights with respect to discipline

under the National Master Agreement other than Article 7.

SECTION 2

In all other cases involving the discharge or suspension of an employee,

the Company will give three (3) working days’ notice to the employee of

their discharge or suspension and the reason therefore. Such notice shall

also be given to the Shop Steward and the Local Union ofce. All warning

letters, including those stemming from reductions of notices of suspension or

discharge, shall not remain in effect more than twelve (12) months.

An employee subject to immediate suspension or discharge, in violation of

this agreement, and, subsequently returned to work, shall receive back pay

at the double time rate of pay.

Any dispute arising from interpretation of this language will be referred to

the co-chairs of the supplemental negotiating committee, or their designated

alternates.

ARTICLE 48

COMPLETE AGREEMENT

SECTION 1

The parties hereto expressly agree that during the lifetime of this Agreement

there shall be no demands for collective bargaining negotiations as to any

matter or issue not covered by the provisions of this Agreement, or for the re-

negotiation of any of the provisions of this Agreement, except as elsewhere

provided in this Agreement.

SECTION 2

The parties agree that this contract is the sole and complete Agreement

between them and that any other previous understandings or Agreements,

oral or written, inconsistent with the provisions of this Agreement are

superseded and are of not effect during the term of this Agreement.

ARTICLE 49

COMPENSATION HEARINGS

The Company shall reimburse employees for time lost attending hearings of

the Workmen’s Compensation Board, when such hearing results from formal

notice of hearing at which the employee is directed to be present. Evidence

of such notice must be submitted by the employee to the Company in

advance of request for time off. The Company will not reimburse employee

for attendance at hearings which result from employee’s application for

consideration of appeal.

ARTICLE 50

COURT HEARINGS

In the event an employee is required to appear in night court in the Company’s

interest, the employee shall be paid straight time for the hours spent in court

and for time spent in travel.

ARTICLE 51

MILITARY CLAUSE

SECTION 1

Upon conrmation of entrance into the Armed Service, a seniority employee

will be granted the next annual vacation pay to which the employee would

have been entitled had he or she not entered the service, together with any

earned vacation not yet taken.

SECTION 2

Employees ordered to spend time with the Reserves or National Guard units

cannot be forced to take vacations for this period.

ARTICLE 52

MEDICAL ARRANGEMENTS

SECTION 1

In accordance with Workers’ Compensation Laws of the State of New

Jersey, the following shall be the Company policy with respect to physical

examinations:

(A.) At the discretion of the Medical Director, employees out on compensation

injuries may be requested to visit the Medical Department for

examination. If unable to travel, arrangements will be made for visits to

his home by a staff doctor.

(B.) Arrangements for examination of injured employees who have since

returned to work will be made at the discretion of the Medical Director

where deemed necessary as follows:

(1.) Employee will be asked voluntarily to visit the Medical Department at

a convenient time for proper examination, or

(2.) If unable to visit the Medical Department, arrangements will be made

for examination locally by a staff doctor of the Company’s choosing,

either at the employee’s home, place of business, the Company

doctor’s ofce, or in his own doctor’s ofce.

(3.) Appointments to visit specialists or other doctors will be made by the

Medical Department or insurance carrier at the convenience of the

employee and doctor concerned without regard to day off schedule.

SECTION 2

When a medical leave of absence is requested, the Company may

request appropriate medical evidence. This will usually be satised by the

submission by an employee of his personal doctor’s report. The Company

may, however, have the employee examined by the Company doctor. If the

Company doctor does not agree with the report rendered by the employee’s

personal doctor, the two doctors involved will select an impartial third doctor

to render a report. If the two doctors cannot agree upon the selection of a

third doctor, the Union and the Company shall select the third doctor either

through the grievance procedure or by request to the New Jersey State

Medical Society.

SECTION 3

An employee who seeks to return to work after a medical leave of absence

(including a leave of absence covered by Workers Compensation) or after

an absence caused by a chronic or recurrent condition may be required by

the Company to submit a doctor’s report. The Company may also require

the employee to submit to an examination by the Company doctor. If the

Company doctor and the employee’s personal doctor do not agree, the

procedure set forth in the preceding paragraph regarding the utilization of an

impartial third doctor shall be followed.

SECTION 4

The Company will designate local doctors within a reasonable distance for

employees working in the following buildings:

Chester Meadowlands Gould Ave.

Edison Spring Valley Saddle Brook

Trenton Parsippany Staten Island

Bound Brook Mt. Olive Lakewood

Tinton Falls New Windsor Cranbury

Lyndhurst

In the event the Company, pursuant to this Article, requires employees

working in these buildings to submit to an examination by a Company doctor

(except in compensation cases) the employee will be sent to such local

doctors.

ARTICLE 53

INSPECTION OF RECORDS

Union ofcials and Shop Stewards shall be allowed to examine such portion

of the Company’s operating reports and other payroll records as well as

employee’s center personnel le, as are pertinent to any grievance arising

under the contract. Such examination can be made only after request to the

Center Manager and in his presence.

ARTICLE 54

TRAILER DRIVER TO WORK AS DIRECTED

Trailer drivers will load, unload and sort as indicated by his or her normal

schedule in the various locations of the Company, without any interruption

or interference of any kind with the Company’s operations. However, in the

event of unexpected volume or breakdown of equipment, a trailer driver’s

schedule may be changed.

ARTICLE 55

WELFARE PLAN

Section 1

The Company will make contributions for Health & Welfare, in accordance

with Article 34 of the National Master Agreement, as applicable to the

Teamsters Western Region and Local 177 Health Care Plan.

Section 2

Beginning January 1, 2014 health and welfare benets will be provided by

Teamsters Western Region and Local 177 Health Care Plan.

Section 3

Current retirees who are receiving benets through a UPS sponsored plan

shall receive coverage beginning January 1, 2014 under the terms of the

Memorandum Concerning UPS Sponsored Plans, attached to the National

Master Agreement.

Any eligible employee who retires effective January 1, 2014 or thereafter

shall be provided retiree medical benets through the Teamsters Western

Region and Local 177 Health Care Plan.

Section 4

The employer shall make health and welfare contributions for employees who

have been injured on the job for a period of one (1) year, and for employees

who are ill or who have been injured off the job for a period of four (4) weeks.

ARTICLE 56

RETIREMENT PLAN

Pension contribution increases to the UPS – Local 177 Retirement Plan will

be made in accordance with Article 34 of the National Master Agreement and

the Letter of Agreement between IBT Local 177 and UPS.

ARTICLE 57

HOLIDAYS

SECTION 1

A full time seniority employee shall be paid for the following holidays, provided

the employee is on the active payroll and in a working status (this excludes

employees on permanent lay-off, on strike, cleared and on leave of absence,

other than medical leave of absence): New Year’s Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving,

Christmas Day, New Year’s Eve Day. Seniority employees who are absent

the full week of the holiday week due to illness or Workers Compensation

disability need not work during the holiday week in order to receive holiday

pay. The amount of holiday pay shall be equivalent of eight (8) hours straight

time pay. Part-time seniority employees shall receive holiday pay at the rate

of four (4) hours straight time pay per day. Existing full time employees with

less than two (2) years seniority must work the day prior or the day after said

holiday. All part time employees must work the day prior or the day after said

holiday.

All full time employees who have attained seniority shall be entitled to one

(1) Option Holiday.

Part-time employees who have attained ve (5) years seniority shall be

entitled to one (1) Option Holiday.

The employee may request payment for this additional holiday at any time

after the effective date in lieu of time off.

Full time employees will be entitled to a Double Time Holiday upon attaining

seniority.

Part-time employees who are seniority employees on January 1st of each

year will be entitled to a Double Time Holiday in that calendar year.

If the employees elect to work the Double Time Holiday they will receive

Holiday pay plus double time for all hours worked, this request will be at

start work of previous day. If the employee elects to take this Double Time

Holiday as a day off, he/she will be paid (eight (8) hours for full-time and

four (4) hours for part-time) and he/she must notify the Company prior to the

Thursday before the week their Double Time Holiday will fall.

Employees will be afforded the time off in seniority order with a minimum

of one (1) per day, and a maximum will be determined by the needs of the

business.

Neither of these options may be exercised from December 1 to December

25 of each year.

SECTION 2

If any of the specied holidays fall during an employee’s vacation period,

the employee shall receive an additional day’s pay (8 hours) in lieu of an

additional holiday. The additional day’s pay for part timers will be four (4)

hours.

ARTICLE 58

SICK LEAVE

SECTION 1

Effective May 1, 1980, and each May 1st thereafter, all regular full time

employees with one (1) year seniority shall have earned six (6) days paid

sick leave per year ending April 30.

SECTION 2

Regular full time employees with less than one (1) year’s seniority prior to

May 1st of each year shall have earned one (1) day paid sick leave after

the rst six months and one (1) day for every four (4) months of service

thereafter.

SECTION 3

A cash payment will be made on April 30th of each year for each day of

unused sick leave. The amount of unused sick leave pay shall be the

equivalent of nine (9) hours straight time pay per day.

SECTION 4

In no event will an employee be entitled to more than six (6) days sick leave

per year.

SECTION 5

The employee may request payment for any earned, unused sick days at

the rate of nine (9) hours straight time pay per day after the effective day in

lieu of time off.

SECTION 6

Employees may request to use two (2) of the above sick days as optional

holidays provided they are mutually agreed upon.

SECTION 7

A full time employee who is absent due to workman’s compensation or

disability more than 120 work days of the calendar year on May 1st of each

year will receive sick leave based on two (2) sick days for each four months

worked during that calendar year.

ARTICLE 59

VACATIONS

SECTION 1

Vacation schedule for regular full time employees:

One year seniority - One week vacation

Two years seniority - Two weeks’ vacation

Five years seniority - Three weeks’ vacation

Fifteen years seniority - Four weeks’ vacation

Twenty years seniority - Five weeks’ vacation

Twenty-ve years seniority - Six weeks’ vacation

SECTION 2

The vacation period extends from December 26th to the Saturday after

Thanksgiving of the following year. The time allotted for summer vacations

is from May 1st to September 30th. The time allotted for winter vacation is

from October 1st to April 30th of the following year.

SECTION 3

An employee having full seniority credit of 1, 2, 5, 15, 20 or 25 years shall

be entitled to the corresponding credit of 1, 2, 3, 4, 5 or 6 weeks of vacation

during the rst available vacation period after having obtained their full

seniority credit.

Available vacation weeks shall be allotted as follows:

Employees entitled to three (3) or four (4) weeks of vacation must select at

least one (1) week during the period from October 1st to April 30th of the

following year. Employees entitled to ve (5) or six (6) weeks of vacation

must select at least two (2) weeks during the period from October 1st to April

30th of the following year.

SECTION 4

Vacation schedules shall be posted sixty (60) days prior to the vacation period.

Vacation picks will begin November 15th and be completed by December

24th. A minimum of twenty ve percent (25%) of eligible employees per

week shall select vacation. Any delays in the selection of vacation weeks

during the process will be promptly addressed by the Union Business Agent

and the Company.

SECTION 5

The Company agrees to post a tentative list of available vacation weeks prior

to the posting of the actual vacation schedule. In case more employees shall

apply for vacation than the number allotted by the Company to be off during

such period, the choice for vacation during such period shall be based on full

time company seniority, provided such assignment does not interfere with or

hamper operations. However, the Company agrees to cooperate with the

Union to make available prime weeks, where possible.

SECTION 6

No work shall be performed by the employee for the Company during their

scheduled vacation.

SECTION 7

(a.) If an employee retires, resigns or is discharged after they become

entitled to the vacation provided in paragraph 1, then he or she shall

receive pay for the vacation due.

(b.) When an employee retires he or she shall receive pro rata vacation due.

SECTION 8

(a.) The Company shall pay the appropriate vacation pay in advance to any

employee immediately prior to such Employee’s taking their vacation.

Employees may select a maximum of (2) two weeks vacation pay in

lieu of time off. Notication for paid vacation weeks will be done prior to

posting vacations. Employees selecting two (2) weeks vacation pay in

lieu of time off must select one (1) week from his/her winter picks and

one (1) week from his/her summer picks. Employees who utilize this

option may elect to have these weeks of vacation pay deposited directly

into their 401K accounts should the plan allow for such transfers.

The Company agrees not to reduce the available weeks of weekly

vacation from their present levels as a result of employees opting to

exercise their right to the above referenced option.

(b.) Vacation pay shall be based on the employee’s regular (not temporary

work assignment and shall consist of forty-ve (45) hours pay at the

regular straight time rate for each week of vacation entitlement.

(c.) Any seniority employee who is reinstated during a vacation period shall

receive the vacation benets she or he would have been entitled to had

they been on the payroll on their qualifying date.

(d.) Full time employees with two (2) years seniority or less, and all part

time employees who work more than 40 work days and less than 200

work days in their anniversary year will earn their vacation on a pro-

rata basis. These employees who work only 40 work days or less

during their anniversary year will receive no earned vacation that year.

Employees working more than 200 work days in their anniversary year

will receive full credit.

Only one year on either worker’s compensation or disability leave can be

used to accrue vacation providing the full time employee has at least two

years of seniority.

The amount of money to be paid is governed by the progression step the

Employee is in at the time they actually take their vacation.

SECTION 9

Employees who work on higher rated jobs a minimum of one hundred (100)

days during the twelve (12) months immediately preceding their scheduled

vacation, shall receive vacation pay based upon the higher rated jobs.

SECTION 10

Part time seniority employees shall receive vacation pay at the rate of four

and one half (4 ½) hours straight time pay per day.

SECTION 11

(a.) All full time employees who have one (1) year seniority or more on

May 1, 1980 and each May 1st thereafter, shall have earned ve (5)

consecutive days off, Monday through Friday with forty-ve hours pay,

which must be taken between December 26th and the Sunday after

Thanksgiving. This selection will be made in seniority order immediately

following the regular vacation pick. In addition, employees with two (2)

or more years of seniority may elect to use these days individually with

nine (9) hours straight time pay per day. During the selection period the

employee will notify the Employer of his/her intention to select the one

week option, individual days or to receive pay in lieu of time off.

(b.) All full time inside employees and package drivers who so request

shall be allowed to select a week during the period of May 1st through

September 30th.

(c.) The employee may request payment for these ve (5) additional days at

forty-ve (45) hours pay at any time after the effective date in lieu of time

off. If days are taken individually the employee may request payment

for any earned, unused days at the rate of nine (9) hours straight time

pay per day after May 1 of each year in lieu of time off. Any unused days

will be paid off on April 30th of each year at the rate of nine (9) hours

straight time pay per day.

(d.) The number of employees allowed off on vacation each week during the

summer months shall not be reduced.

(e.) Full time employees and part time employees who are absent due to

worker’s compensation or disability more than 120 days of the calendar

year on May 1st of each year will not be entitled to these additional days.

(f.) Individual days shall be awarded by seniority and the following

procedure shall apply: any employee who noties the employer prior

to two (2) weeks before the requested day off will be placed on a list of

employees that request said day off. Employees will be notied two (2)

weeks before the requested day off whether the request will be granted

or denied. Employees will be afforded the time off in seniority order with

a minimum of one (1) per day and a maximum will be determined by the

needs of the business. These individual days may be restricted from

the Sunday after Thanksgiving to December 25, January 1st through

January 10th, Valentine’s Day and the day prior, and two (2) work days

following any contractual holiday, except Christmas. The restrictions

noted do not preclude the days from being granted.

ARTICLE 60

LEAVE OF ABSENCE

SECTION 1

The Company agrees that all seniority rights shall continue in full force and

effective with respect to not more than thirty (30) employees who presently

are or may, during the term of this Agreement, serve the Union as full time

ofcers or representatives or who serve the New Jersey Teamsters Joint

Council or the International Union as full time ofcers or representatives.

Such seniority shall continue in like manner as if such employees were

employed continuously as regular full time employees.

SECTION 2 - TIME OFF FOR UNION ACTIVITIES

The Employer agrees to grant the necessary time off, without discrimination

or the loss of seniority rights and without pay, to any employee designated

by the Union to attend a labor convention or serve in any capacity on other

ofcial business provided forty-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 consideration shall

be given to the number of employees affected in order that there shall be no

disruption of the Employer’s operation due to lack of available employees.

SECTION 3

Any employee desiring leave of absence from his employment shall secure

written permission from both the Union and Employer. 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

Employer. During the period of absence, the employee shall not engage

in gainful employment, except as provided in Section 4 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 seniority rights.

It is understood that maternity leave for female employees shall be granted

with no loss of seniority for such period of time as her doctor shall determine

that she is physically unable to return to her normal duties.

The employee must make suitable arrangements, in writing, for continuation

of health and welfare and pension payments before the leave may be

approved by either the Local Union or the Employer.

SECTION 4

A driver whose driving permit has been revoked is obligated to notify the

Company within two (2) working days of revocation.

When a driver’s permit has been revoked for twelve (12) months or less for

reasons other than those for which he can be discharged by the Employer,

he or she shall be placed in full time jobs in their buildings which are available

after all eligible disabled drivers have been accommodated. Such employees

must be capable of performing the available work.

If no full time jobs are available, such employee may displace the most junior

part time employees in the building, provided they are capable of performing

the work. Such employees shall be paid for hours worked only, at the rate of

fty percent (50%) of the employee’s prevailing rate of pay or their current

rate of pay if their hourly rate is less than $15.00 per hour for any work

performed.

The right to work at full time jobs or displace part time employees shall be

limited to twelve (12) months during any driver’s lifetime. Any single loss of

license in excess of twelve (12) months, or a series of losses that result in

an accumulated total of more than twelve (12) months, shall result in the

discharge of the employee.

However, if the rst loss of license is for D.W.I. and the revocation is between

twelve (12) months and fteen (15) months, the employee will be entitled to

twelve (12) months’ work as provided above. Any additional time off between

twelve (12) months and fteen (15) months, the employee will be granted a

leave of absence.

ARTICLE 61

GENERAL MANAGEMENT PROVISION

SECTION 1

The management of the Company and the direction of the work force,

including the right to plan, direct and control Company operations and to

maintain and establish reasonable rules of the operation and reasonable

working practices, not inconsistent with the provision of this Agreement shall

be vested exclusively in the Company. It is agreed that the Company will

give the Union thirty (30) days’ notice of any anticipated major change in the

Company’s method of operation.

SECTION 2

If any major change by the Company in methods of operation results in a

substantial change in job content of any job classication provided in this

Agreement or in the creation of a new classication or in substantial hardship

to employees, the parties shall attempt to agree on a new wage rate for such

job or jobs, or hardship corrections, and failure to agree, an applicable wage

rate or hardship correction shall be determined by the grievance procedure

in accordance with the provisions of Article 49 herein.

ARTICLE 62

JURY DUTY

When a full time seniority employee is called for jury service, they shall be

excused from their regular duties on the days they are required to appear in

court. For any regular scheduled work day in which time off for jury service

is granted, the employee shall be paid a full eight (8) hours pay at their

straight time hourly rate, less any amount received as a jury duty fee. The

employee will be required, however, to turn over to the Company adequate

proof of their jury duty service and compensation, in order to receive the

compensation above provided.

ARTICLE 63

PORTER-CAR WASHER JOBS TO BE RESERVED

SECTION 1

The Company and the Union agree to reserve porter and car washer jobs for

long service employees engaged in more strenuous work. The Union and

Company mutually agree that these jobs will be assigned to worthy cases on

the basis of seniority.

The Company shall have the right to subcontract porters and car washer

work as per past practice, provided, however, such subcontracting work does

not result in the layoff of any porter or car washer.

SECTION 2

Disabled drivers will be placed in available full time jobs if they are physically

capable of performing the work. Such employees shall be paid the rate of

the job performed.

If no full time work is available, such employees will be allowed to displace

the most junior part time employees in their building providing they are

judged physically capable of performing the work. Such employees shall be

paid for hours worked only at the part time rate of pay applicable to a part

time employee hired on the same day as the disabled driver.

If the Company’s doctor and the employee’s doctor cannot agree on a

hardship, a third doctor or institution will be used and that decision will be

nal and binding upon the Company, the Union and the employee.

ARTICLE 64

PAY FOR DEATH IN FAMILY

SECTION 1

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, not to

exceed four (4) scheduled work days. These days shall not extend beyond

the day of the funeral unless an additional day is required for travel, except

as noted below. 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 employees whose regular

scheduled workweek is four (4) days.

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.

SECTION 2

Members of the employee’s family mean spouse, child, father, mother,

brother, sister, grandparents, mother-in-law and father-in-law.

Part time employees will enjoy the same benets as above, paid at four (4)

times the employee’s hourly rate.

ARTICLE 65

STEWARDS

It is the policy of the Company and the Union that grievances be handled with

the participation of the regular Steward. The Company agrees to cooperate

with the Union in establishing procedures to assure that the regular Steward

is available for the processing of grievances. The Union agrees that such

procedures shall not hamper the Company’s operation. The Company

shall, in the absence of the regular Steward, recognize an alternate Steward

designated by the Union.

Shop Stewards and Union Ofcials shall be afforded super seniority with

respect to terms and conditions of employment for layoff and recall purposes,

and in other situations that assure the Union Ofcials and Stewards greater

accessibility to co-workers to genuinely assist them to perform their functions

as a Steward or Union Ofcial which will be to the benet of co-workers.

ARTICLE 66

OPERATING CENTERS

Employees who are employed in operating centers where they are required

to sort, sheet, load and deliver common carrier and retail merchandise shall

be assigned on a delivery dispatch that will include allowance for sorting,

sheeting and loading.

ARTICLE 67

SUMMER REPLACEMENTS

This article does not apply to Package Drivers, Feeder Drivers and 22.4’s

SECTION 1

Summer vacation replacement employees may be hired to work from May

10th to September 30th each year.

Time worked by such employees shall not accrue towards seniority. The

Company will notify the Union prior to hiring such employees.

SECTION 2

When the Company needs additional summer replacement employees, it

shall not be compelled to hire those referred by the Local Union, but shall

give the Local Union equal opportunity with all other sources to provide

suitable applicants.

ARTICLE 68

UNION COOPERATION

The Union agrees that it recognizes it is in the best interests of both parties

for it to encourage its members, individual and collectively, to perform

loyal and efcient work and will use all reasonable efforts to that end. The

Company will not request or require from any employees any more than a

reasonable performance.

ARTICLE 69

VACANCIES

SECTION 1

The Company will offer tractor driver vacancies to full time employees who

are covered by this Supplemental Agreement, and who, in the judgment of

the Company, are qualied. The vacancies shall be lled in the following

manner.

(a.) Two (2) from the District Feeder Transfer List (Metro, Central and North)

(b.) Two (2) from the Qualied List

(c.) One (1) new hire

SECTION 2 – FEEDER QUALIFICATION SCHOOL

Full time employees, who are interested in qualifying as tractor-trailer drivers,

shall so notify the Company and specify which District they choose to work

in. Such employees, in seniority order, within their chosen District will be

permitted to attend, on their own time, the Company training program which

will be established periodically when the Company determines there is a

need to qualify additional tractor trailer drivers. A good driving record is a

prerequisite to such training. The Company agrees to furnish the instructors

and necessary equipment. Employees who successfully complete this

program will be placed on a Qualied List within their District.

Employees who will ll new feeder openings must remain in the feeder

classication for a one (1) year period. In order to return to his or her previous

classication after one (1) year, an Employee must so notify the Company

during his or her rst thirty (30) days in the feeder classication. Such

employees shall be allowed after one (1) year in the feeder classication to

return to their previous classication without loss of seniority.

Employees, both qualied and non-qualied, shall have no more than nine

(9) months to report to the Feeder classication from date of notication by

the Company of entering into Feeder training class. Any such employee will

be required to resubmit a transfer request to the appropriate overall feeder

transfer list.

SECTION 3

Employees who do not complete Feeder Schools sponsored by the

Company and conducted by outside vendors or fail to pass the state road

test licensing requirement after a maximum of three (3) attempts per Feeder

School attended will be responsible to reimburse the Company for the full

amount paid to the vendor that provided the training. The employee will have

the option to make full reimbursement within one week of his disqualication

or pay one hundred dollars ($100.00) per week until reimbursement is

completed. In addition those employees who choose not to become Feeder

Drivers or who choose to return to their original classication within one (1)

year of entering the feeder classication will be required to reimburse the

Company for the full amount paid to the vendor that provided the training.

Employees who choose to return to their previous classication under the

provisions set forth in Section (2) two of this Article will not be responsible for

any form of reimbursement.

It is understood that hardships may exist, and in such cases will be reviewed

by both the Company and the Union. If it is agreed to return an employee

under the provisions of hardship, no reimbursement will be required. Any

decision pertaining to hardships must be mutually agreed to by the Company

and the Union.

The employees’ responsibility for reimbursement will be limited to training

provided by outside vendors hired by the Company to provide training.

SECTION 4

Any dispute involving the application of this provision shall be submitted to a

representative of the Union and the Company for mutual Agreement.

ARTICLE 70

MISCELLANEOUS

SECTION 1 – TACHOGRAPHS

Tachographs will not be used for the purpose of checking drivers’ time

schedules.

SECTION 2 – PIGGYBACKING

No rst day deliveries will be piggybacked. Except in case of imbalance, no

present feeder run will be piggybacked unless a comparable feeder run has

been added by the Company. When new feeder runs are established, the

Company will designate such runs as replacements for runs which are to be

piggybacked. Such runs shall be put up for a bid pursuant to the seniority

provisions of the Contract. No present feeder driver will lose feeder driver’s

work due to piggybacking. “Present”, as used in this Section, shall refer to

feeder runs in effect as of September 1, 1976.

SECTION 3 - ON JOB SUPERVISION

On job supervision of employees shall not be used for the purpose of

harassing employees.

SECTION 4 - UNIFORMS AND PERSONAL APPEARANCE

The employees shall comply with the current standards of personal

appearance regulations posted by the Company and with such reasonable

amendments as shall be adopted by the Company. A Joint Committee,

consisting of two (2) representatives of the Company and two (2)

representatives of the Union, shall be convened periodically for the purpose

of reviewing and, where indicated, recommending changes in rules or

policies relating to standards of appearance.

In the event of a bona de doubt as to whether an employee has complied

with the Company’s standards on personal appearance, the matter shall

be referred to the Committee for a recommendation before action is

taken, provided the Committee can be convened and can make a joint

recommendation within thirty-six (36) hours.

The Employer agrees that if any employee is required to wear any kind of

uniform as a condition of his continued employment, such uniform shall be

furnished and maintained by the Employer, free of charge, at the standard

required by the Employer.

The Employer will provide shirts with a maximum of ten (10) shirts allowable

each year (5 winter, 5 summer) on the basis of one (1) new shirt for each

worn shirt turned in. These shirts will be maintained by the employee.

The uniform and UPS shirts will be worn at all times while on duty while

off the Company’s property and at the standard determined by the

Employer. Employees shall not wear any article of clothing determined to

be incompatible with the uniform standards established by the Employer.

Feeder drivers will not be required to wear a collared shirt while performing

shifting duties on the Company’s property.

It is agreed that employees must strictly comply with the Employer’s

regulations concerning personal grooming and appearance and the wearing

of uniforms and accessories.

The Employer shall provide lockers and the basic uniform shall be kept in

the locker. Employees shall change into uniforms on the Company premises

before reporting for duty and change out of uniforms after being relieved from

duty each day.

SECTION 5

A Labor Management Committee, consisting of two (2) representatives of

the Union and two (2) representatives of the Company, shall be created to

consider all matters which may be referred to it for decision.

SECTION 6

In any instance of breakdown or impassable highway which prevents an

employee from proceeding to his destination (or, if instructed, from returning

to his or her center), the employee shall be paid for all time up to the time at

which he or she arrives at a place of lodging, or place of suitable shelter, with

overtime payments, if appropriate, Once he or she has arrived at a place

of lodging, or place of suitable shelter, the employee shall be considered

relieved from duty and he or she shall remain off duty until his or her regular

starting time the next day or until called to duty, whichever occurs sooner.

If more than one (1) day elapses before the employee is called to duty,

he or she shall be paid not less than his or her daily minimum guarantee

each twenty-four (24) hour period, such period to be measured from the

employee’s regular starting time each day until he or she returns to his or

her center or home. The meal expense reimbursement shall be ten dollars

($10.00) for breakfast, fteen dollars ($15.00) for lunch and twenty dollars

($20.00) for supper. In addition, the Company will reimburse the employee

for reasonable expenses incurred during the layover.

SECTION 7

All regular employees covered by this Agreement shall be paid in full each

week. Not more than one (1) week’s pay shall be held on an employee.

Each employee shall be provided with a statement of total hours and gross

earnings and an itemized statement of all deductions made for any purpose.

Payroll checks shall be in sealed envelopes.

SECTION 8

A daily time record shall be maintained by the Employer for all of his/her

employees. Each employee shall “punch-in” his own time card or badge

at the start of the day and “punch-out” his own time card or badge at the

completion of the day’s work at the Employer’s place of business.

SECTION 9

In the event of a national and or state of emergency that would have an

effect on employees in the jurisdiction of Local 177 including but not limited

to similar events of 9/11 the Company will use the available means of

communication to notify all employees in working status of said emergency.

ARTICLE 71

AIR CONDITIONING

It is understood that new tractors (excluding switchers) ordered after August

1, 1987 will be put in service with the air conditioning equipment activated

and functioning. Drivers may not refuse to drive air-conditioned equipment

because the air conditioning is not working.

Malfunctioning air conditioning equipment will be repaired within a reasonable

amount of time provided the necessary parts are available.

ARTICLE 72

PART TIME EMPLOYEES

SECTION 1

Part time employees are dened as employees not otherwise gainfully

employed who, when reporting to work as scheduled, shall be guaranteed a

minimum of three and one half (3 ½) hours. Should any part time employee

work beyond the fth (5) hour, he or she shall be compensated at one

and one half (1 ½) times their hourly rate on their regular shift. Part time

employees who work on Sunday when Sunday is not a scheduled work day

shall receive time and one half (1 ½) for all hours worked on that day.

SECTION 2

Any part time employee who wishes to become a full-time package driver,

22.3, 22.4 combination driver or helper within their building will submit a

transfer to his or her Manager. If it is approved he or she will be put on the

Part Time Transfer List according to his or her seniority in his or her building.

The employee will be notied within fteen (15) working days as to the status

of their transfer. A list of the approved transfers will be posted within the

building and updated monthly.

A part time employee must have at least six (6) months or more of seniority

to apply. No transfers will be accepted during the free period. There will be a

thirty (30) working day probationary period. A part time employee who fails to

qualify shall not be allowed to put another transfer in for six (6) months. A part

time employee who fails to qualify on more than one occasion shall not be

allowed to put another transfer in for nine (9) months. Part time employees

will transfer to full time jobs, within their building, after the full time transfer

procedure is completed. There shall be a three for one ratio on part time

employees to new hires.

SECTION 3

Part time employees successfully transferring to full time jobs will be

considered as newly hired full time employees and will be added to the

appropriate seniority list. Their seniority date will be the day of the transfer.

If a holiday falls during their probationary period they shall be paid four (4)

hours pay at the part time rate of pay they were receiving at the time of

transfer, in addition to all regular earnings for time worked.

SECTION 4

For vacation and retirement purposes, the employee shall receive additional

seniority credit equal to all time worked as a part time employee.

SECTION 5

Part time employees will work off the part time employee seniority list on

each shift.

SECTION 6

No full time inside employee within the jurisdiction of Local 177 will be

required to transfer to another classication or to another location as a

result of the use of part time employees. All full time (inside and outside)

employees will be afforded the opportunity to displace part timers who are

working within the jurisdiction of the Local. The procedures will be outlined

in the Reduction in Force Article.

SECTION 7

When it is agreed that a hardship exists, and no porter or clerk jobs are

available, such hardship cases will be allowed to displace part timers in the

car wash classication where eight (8) consecutive hours of car washing

exists.

SECTION 8

Full time car washers will have a preference of new start times within their

building where eight (8) consecutive hours of car washing work is available.

SECTION 9

Part time employees will not be permitted to do porter, clerk, delivery driving,

feeder driving, or tractor-trailer driving work.

SECTION 10 - PART TIME HOLIDAYS

Part time employees who work on a holiday, as an extension of the regular

schedule of the previous night’s work, shall be paid at the straight time hourly

rate.

Whenever possible, a part time employee who works on a holiday at the

regular straight time rate will be given another day off for which he or she will

receive four (4) hours holiday pay or shall receive four (4) hours holiday pay

in addition to regular earnings for time worked.

SECTION 11 - VACATIONS

(a.) All part- time employees who have one (1) year seniority or more on

May 1, 1980 and each May 1st thereafter, shall have earned ve (5)

consecutive days off, Monday through Friday with twenty-two and

a half (22 ½) hours pay, which must be taken between December

26th and the Sunday after Thanksgiving. This selection will be

made in seniority order immediately following the regular vacation

pick. All part-time employees hired on or after August 1, 1997 will

become eligible for the above benet upon completion of two (2)

years seniority on the next May 1st and each May 1st thereafter.

In addition, employees with three (3) or more years of seniority may

elect to use these days individually with four and one half (4 ½) hours

straight time pay per day. During the selection period the employee will

notify the Employer of his/her intention to select the one week option,

individual days or to receive pay in lieu of time off.

(b.) The employee may request payment for these ve (5)

additional days at twenty-two and a half (22 ½) hours

pay at any time after the effective date in lieu of time off.

If days are taken individually the employee may request payment

for any earned, unused days at the rate of four and half (4 ½) hours

straight time pay per day after May 1 of each year in lieu of time

off. Any unused days will be paid off on April 30th of each year

at the rate of four and a half (4 ½) hours straight time pay per day.

Part time employees who are absent due to worker’s compensation or

disability more than 120 days of the calendar year, on May 1st of each

year, will not be entitled to these additional ve (5) days.

(c.) Individual days shall be awarded by seniority and the following

procedure shall apply: any employee who noties the employer prior

to one (1) week before the requested day off will be placed on a list of

employees that request said day off. Employees will be notied one (1)

week before the requested day off whether the request will be granted

or denied. Employees will be afforded the time off in seniority order with

a minimum of three (3) per week and a maximum will be determined

by business needs. These individual days may be restricted from

the Sunday after Thanksgiving to December 25, January 1st through

January 10th, Valentine’s Day and the day prior, two (2) work days

following any contractual holiday, except Christmas. The restrictions

noted do not preclude the days from being granted.

SECTION 12 - SICK LEAVE

(a.) Effective May 1, 1980, and each May 1st thereafter, all regular part time

employees with one (1) year seniority shall have earned three (3) days

paid sick leave per year ending April 30th.

(b.) A cash payment will be made on April 30th of each year for each day of

unused sick leave. The amount of unused sick leave pay shall be the

equivalent of four (4) hours straight time pay per day.

(c.) In no event will an employee be entitled to more than three (3) days sick

leave per year.

(d.) The employee may request payment for any earned, unused sick days

at the rate of four (4) hours per day after the effective date in lieu of

time off.

(e.) Regular part time employees with less than one (1) year seniority prior to

May 1st of each year, shall have earned one (1) day paid sick leave after

the rst twelve (12) months and one (1) day for every four (4) months

of service thereafter up to a maximum of three (3) per year thereafter.

SECTION 13 - PART TIME START TIMES

The Company shall x the starting times for part time employees, which shall

be posted on Thursday for the following week.

After posting, the start times shall not be changed unless necessitated by

the needs of the business. Any changes to the start time will be posted and

communicated prior to the end of the previous day’s sort.

Claimed abuses to the aforementioned language will be brought to the

attention of the District and/or Region Labor Relations Manager.

SECTION 14 - PART TIME JOB SELECTION

All eligible qualied part time employees shall be afforded the opportunity to

put their name on the list of qualied employees waiting to be moved to a

different shift or classication within their building. The classications shall

be: sorter, preloader and all other. Each shift shall have a separate list by

classication.

Qualied part time employees with one (1) year or more seniority may select

permanent vacancies and permanent new jobs as provided for in this Article,

in all months except November and December. A permanent new job for the

purpose of this Article, shall be one that has been in existence for a period

of thirty (30) days.

Employees shall not be allowed to select a specic unit or work station.

Pending the job becoming permanent and the operation of the job selection

procedure, management shall have the right to assign any employee to

perform the work on a temporary basis. This job selection procedure shall

be limited to two (2) moves, the original opening and one (1) other. The

Company will ll the third (3rd) opening.

All eligible qualied part time employees may sign his or her name and

seniority date to any and all lists. The jobs will be awarded in seniority order,

on the Monday following the permanent vacancy or the job being declared

permanent in accordance with the limitation described in the preceding

paragraph. Employees who are awarded shift or classication changes shall

not be allowed to place their name on another list for a period of six (6)

months.

Employees desiring to move to sorter and preloader jobs must be pre-

qualied for that job.

When the job selection procedure is applied and the result of this procedure

is causing a disruption of the operation, the Local Union and the District

Manager will immediately work out a proper method to resolve the problem.

SECTION 15

All part time employees shall be given a paid relief period not to exceed ten

(10) minutes per day. This paid relief period should be taken no sooner than

the rst hour of work. If a part time employee works seven hours (7.00) or

more on their assigned shift, they will receive an additional ten (10) minute

paid relief period.

SECTION 16 - PART TIME REDUCTION IN WORK FORCE

When a reduction in work force is necessary the least senior employee on his

or her shift shall be laid off rst.

After a one (1) week layoff, the laid off employee shall be allowed to displace

the least senior employee in his or her building, provided he or she is

qualied to perform the work.

SECTION 17

When the Company agrees with the Union that a hardship exists,

arrangements shall be made to allow part time employees to take new part

time openings in other buildings.

Part-time employees, who have attained ve (5) years or more seniority who

wish to transfer to another building within the district shall notify the employer

in writing and will be given the opportunity to ll permanent job openings,

subject to the following terms and conditions:

(a.) Maximum of three (3) transfers will be allowed from any building in the

same calendar year.

(b.) Maximum of three (3) transfers will be allowed into any building in the

same calendar year.

(c.) If an employee transfers, the transferee shall be placed on the seniority

list in the operation to which he or she transferred and his or her seniority

date shall be the date of the transfer for the purposes of bidding, etc.

However, he or she shall maintain his or her Company seniority date for

the purpose of vacation selection and layoffs.

(d.) Part time employees will not be allowed to transfer during the months of

November and December.

SECTION 18 - UPS PENSION PLAN COVERING PART TIME

EMPLOYEES

See Plan Booklet

ARTICLE 73

MAINTENANCE OF STANDARDS

SECTION 1

The Employer agrees that all conditions of employment relating to wages,

hours of work, overtime differential, and general working conditions, as

negotiated or agreed upon, shall be maintained at not less than the highest

standards in effect at the time of the signing of this Agreement and the

conditions of employment shall be improved wherever specic provisions for

improvements are made elsewhere in this Agreement.

It is agreed that the provisions of this Section shall not apply to inadvertent

or bona de errors made by the Employer or the Union in applying the terms

and conditions of this Agreement.

SECTION 2

The Employer agrees not to enter into any Agreement or contract with his/

her employees, individually or collectively, which in any way conicts with

the terms and provisions of this Agreement. Any such Agreement shall be

null and void.

SECTION 3

It is understood and agreed that should it subsequently be determined that

employees of the Employer come under the provisions of the Fair Labor

Standards act or any similar legislation enacted in the state, then as to such

employees any provisions of this Agreement which do not comply with the

requirements of said Act are to be changed so that there is no violation of

the statutes, provided, however, that such changes shall not result in any

substantial penalties to the employees or the Employer.

In the event the parties cannot agree on a solution to any problem arising

from this Section, either party shall be allowed lawful economic recourse.

SECTION 4

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 date of execution

of this Agreement, rates governing such operations shall be subject to

negotiations between the parties. Rate agreed upon or awarded shall be

effective as of the date equipment is put into use.

ARTICLE 74

DURATION OF AGREEMENT

This Agreement shall remain in full force and effect until July 31, 2023 and

shall automatically renew itself from year to year thereafter unless either

party noties the other in writing within sixty (60) days prior to the expiration

of a desire to amend or terminate the same.

INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 177

Chris Eltzholtz, Secretary Treasurer

Robert Cherney, President

Paul Saliani, Jr., Vice President

Joe McKenna, Jr., Recording Secretary

UNITED PARCEL SERVICE

Steve Radigan, North Atlantic District Labor Manager

Matt Loughlin, East Region Labor Manager

Dave Bogaert, North Atlantic Labor Manager

Kathy Deady, North Atlantic Labor Manager

Chris McMiller, North Atlantic Labor Manager

Mike Sherry, North Atlantic Labor Manager

Kevin Torrey, Feeder Operations Manager

MEMORANDUM AGREEMENT

UNITED PARCEL SERVICE AND IBT LOCAL 177

Unassigned package drivers may request temporary vacancies of one (1)

week or more duration.

If more than one (1) request is received for the same vacancy, it shall

be given to the most senior employee providing he or she has sufcient

knowledge of the area and such assignment does not adversely effect the

operating needs of the Company. The Company will not be unreasonable in

the application of the above language.

JACK DEMPSEY MICHAEL PURDUE

East Region Labor Relations President

United Parcel Service IBT Local 177

MICHAEL ROSENTRATER VICTOR PALUMBO

North Jersey District Recording Secretary

United Parcel Service IBT Local 177

MEMORANDUM OF AGREEMENT

UNITED PARCEL SERVICE AND IBT LOCAL 177

The parties agree that the extension of peak season to January 10th will

not change the way the New Year’s Eve and New Year’s Day holidays are

assigned. These holidays will be offered to seniority employees prior to

being offered to peak season employees.

Al Betts Eric Bringe

Vice President North Atlantic District Labor Manager

IBT Local 177 United Parcel Service

MEMORANDUM OF AGREEMENT

IBT LOCAL 177 AND UNITED PARCEL SERVICE

Full time combination drivers will be governed by Article 22 Section 4 of the

UPS National Master Agreement and the Teamster Local 177 Supplemental

Agreement. Any items not specically covered by the above will be addressed

by the Teamster Local 177 full time 22.4 combination driver memorandum of

understanding. (“Work Rules”)

Chris Eltzholtz Steve Radigan

Secretary-Treasurer North Atlantic District Labor Manager

IBT Local 177 United Parcel Service

MECHANICS CONTRACT

Collective Bargaining Supplemental

Agreement

Between

Mechanics and Maintenance Employees

United Parcel Service, Inc.

(New Jersey)

and

Teamsters Local Union 177

Afliated with the International Brotherhood

of Teamsters Local 177

August 1, 2018 to July 31, 2023

Local 177 Executive Board

Chris Eltzholtz Al Ambrogio

Secretary- Treasurer Business Agent

Robert Cherney Bill Gibbs

President Business Agent

Paul Saliani, Jr. William Heady

Vice-President Business Agent

Joe McKenna, Jr. Michael Irving

Recording- Secretary Business Agent

Anthony Alers Harold B. Johnson

Trustee Business Agent

Douglas Connon Harry Tansley

Trustee Business Agent

Pablo Cunha

Trustee

Teamster Local 177

Representational Rights Statement

(If you are called to a meeting with management, read the following to management.)

“If this discussion could in any way lead to my being disciplined or

terminated, or affect my personal working conditions, I respectfully

request that my Union Representative, Ofce or Shop Steward

be present at this meeting. Without representation present,

I choose not to participate in this discussion.”

Advisory On Withdrawal Cards

Members not working at the craft for a complete calendar month

for reasons other than sickness or injury may request, and be issued,

an Honorable Withdrawal Card in accordance with Article XVIII of the

International Constitution.

Members off work for a complete calendar month because of sickness or

injury should contact the Union ofce regarding the issuance of a withdrawal

card.

Please note that any member who is not required to request a withdrawal

card in accordance with the International Constitution but who requests

and is issued a withdrawal card must be advised that the issuance of that

withdrawal card may result in a break in their twenty-four month continuous

good standing requirement for eligibility to:

• Hold Local Union Ofce.

• Be a Delegate/Alternate Delegate to the next International Convention.

• Be a candidate to run for International Ofce; and

• Nominate/vote in the election of Union ofcers; the election of Delegates/

Alternates; or, in the election of International Union ofcers.

• Any other continuous good standing requirements of Local Union No.

177 as stated in the Local Union By-Laws.

INDEX

Article Text Page

1 Recognition of Union as Bargaining Agent 6

2 Union Shop and Dues 6

3 Wage Schedule 8

4 Hours of Work and Overtime 16

5 Welfare Plan 18

6 Retirement Plan 18

7 Holidays 18

8 Sick Leave 20

9 Vacations 20

10 Discharge 22

11 Seniority 23

12 Leave of Absence 29

13 General Management Provision 30

14 Grievance and Arbitration 31

15 Complete Agreement 33

16 Court Appearances and Compensation Hearings 34

17 Jury Duty 34

18 Inspection of Records 34

19 Military Clause 35

20 Hardships 35

21 Pay for Death in Family 35

22 Medical Arrangements 36

23 Posting of Notices 37

24 Stewards 37

25 Maintenance of Standards 38

26 Protection of Rights 38

27 Separability of Savings 39

28 Transfer of Company Title or Interest 40

29 Uniforms 40

30 Apprentices 40

31 Lie Detector Tests 41

32 Subcontracting 41

33 Supervisors Working 42

34 Cost of Living 42

35 Training Program 42

36 Tool Insurance 43

37 Duration of Agreement 44

Memorandum of Agreement 45

Memorandum of Agreement 46

Memorandum of Agreement 47

Memorandum of Agreement 48

Letter of Intent 49

This Supplement to the National Master United Parcel Service

Agreement shall apply to all United Parcel Service employees working in the

classications set forth in the Wage Schedule and within the jurisdiction of

Local 177. Except as provided herein, the provisions of the National Master

United Parcel Service Agreement shall prevail.

ARTICLE 1.

RECOGNITION OF UNION AS BARGAINING AGENT

1.1 Employees covered by this Agreement shall include employees

doing all those classications of work set forth in the Wage Schedule of this

Agreement, or any supplement hereto.

1.2 The Company recognizes the Union as the exclusive collective

bargaining agency for employees of the Company covered by the jurisdiction

of the Union as determined, or as may be determined, by the International

Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of

America, with regard to wages, hours and other conditions of employment

except such employees as are excluded by the following paragraph.

1.3 This Agreement shall apply to all Employees of the Company within

the jurisdiction of Teamsters Local 177 who are engaged in the repair of

motor vehicles owned by the Company, and in the maintenance of plants and

mechanical equipment, installed on premises of the Company. Non-working

supervisors and ofce clerks shall be excluded from the contract.

1.4 All reference to employees in this Agreement shall be understood to

designate both sexes. Wherever the male gender is used it is understood to

include both male and female employees.

ARTICLE 2.

UNION SHOP AND DUES

2.1 All new employees shall be probationary or temporary employees until

they have acquired seniority status prior to which time they may be summarily

dismissed by the Company without challenge, but the Union may represent

such temporary or probationary employees in the handling of grievances other

than those relating to dismissal. All employees hired to perform Collective

Bargaining Unit work shall pay Union dues in the same manner as seniority

employees of the Collective Bargaining Unit. Upon attaining seniority,

employees shall be required to pay local Union initiation fee.

2.2 Employees who are not now members of the Union and, in addition

all persons who shall become employees covered by this Agreement

subsequent to the effective date of this Agreement, when admitted to

membership in the Union, shall be admitted without discrimination and to fair

and reasonable terms and conditions, in accordance with the provision of the

Constitution and By-Laws of the Union.

2.3 All present employees who are members of the Union shall, as a

condition of continued employment, maintain their membership in the Union

during the life of the agreement and all new employees shall, as a condition

of continued employment, join the Union upon acquiring seniority status as

provided in Article 11 of this agreement (but in no event earlier than thirty (30)

days from the date of this agreement, or thirty (30) days from the effective

date of this agreement, or the date this agreement is executed, whichever

is the later), and shall maintain their membership in the Union during the life

of the agreement. The Company agrees to dismiss promptly from any job

covered by this agreement any worker for failure to tender regular Union

initiation fees and dues or for any other reason of bad standing in the Union,

which may, from time to time, be permitted by law as a cause of discharge,

provided that the Company is ofcially notied by registered mail to that

effect.

2.4 The Company agrees to deduct the regular Union dues, initiation fees

and/or uniform assessment from the pay of all employees covered by the

Agreement who, in writing, voluntarily authorize the Company to do so in

accordance with the law. The Company agrees to remit to said Union all

such deductions on or before the fteenth (15th) of the month for which such

deductions are made. The Company shall deduct dues from the employees’

vacation payments for employees who are on vacation during the week in

which the Union dues deduction would otherwise be made.

Where an employee is not on the payroll during the week in which

the deduction is to be made, or has no earnings, or insufcient earnings

during the week, or is on a leave of absence, such employees must make

arrangements with the Union to pay his dues in advance. The Employer

shall submit, with each dues remittance, a report by center, listing all seniority

employees alphabetically and the amount of dues, if any, deducted for each

employee. The Secretary-Treasurer of the Union shall be notied monthly

when an employee acquires seniority.

2.5 The Employer agrees to deduct specic amounts each week from

the wages of those employees who shall have given the Employer written

authorization to make such deductions. The amount so deducted shall be

remitted to the Teamsters Credit Union once each month. 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

has no earnings or in those weeks in which the employees’ earnings shall be

less than the amount authorized for deductions. However, the Company will

make deductions for Credit Union from the employees vacation pay.

ARTICLE 3.

Wage Schedule

Upon ratication of the 8/1/18-7/31/23 UPSNMA and Local 177 Mechanics

Supplemental Agreement seniority employees shall receive a one-time tool

allowance for the following amounts after taxes; Automotive Mechanics will

receive ve hundred fty dollars ($550.00), Maintenance Mechanics will

receive two hundred seventy-ve dollars ($275.00), Helpers and Handymen

will receive one hundred twenty-ve dollars ($125.00).

3.1 Effective August 1, 2018 and for the period to and including

August 1, 2023:

Helper rate shall be 70% of the prevailing Journeymen Mechanics’ rate.

Helpers will receive all future National Master Agreement wage increases.

Handymen rate shall be 50% of the prevailing Journeymen rate.

Wage Rates

Classication

Full Time New Hire Wage Progression

All Supplements, Riders or Addendum will contain the following wage

progression schedule to cover all full-time employees, except Apprentices,

Helpers and Handymen who have not yet attained seniority as of August 1,

2018.

Journeymen 8/1/18 8/1/19 8/1/20 8/1/21 8/1/22

Mechanic

(All Trades)

$36.33 $37.08 $37.88 $38.78 $39.78

Helpers 8/1/18 8/1/19 8/1/20 8/1/21 8/1/22

(Automotive) $27.51 $28.26 $29.06 $29.96 $30.96

Handymen 8/1/18 8/1/19 8/1/20 8/1/21 8/1/22

(Maintenance)

$18.17 $18.54 $18.94 $19.39 $19.89

Percentage of Wage

Rate in Effect

On August 1, 2018

Start 85%

plus 18 months 90%

plus 24 months Top Rate

Mechanics in progression on 8/1/18 shall be slotted into the above

progression

The “top rate” is the wage rate in the job classication in the applicable

Supplement, Rider or Addendum then being paid, including the general

wage increases and cost-of-living increase, if any, paid under the provisions

of the 2018-2023 Agreement. See Article 34 for Cost of Living Increases.

3.2 Working Foreman

Working Foreman shall receive twenty-ve cents (.25) per hour above the

rate in the classication in which they work.

3.3 Night Differential

Full time night workers, employed on or before July 1, 1977, shall receive,

night differential of seventy-nine cents (.79) per hour. A regular full time night

worker shall be deemed to be one whose regularly scheduled hours begin at

or after 1:00 p.m. or begin at or before 5:00 a.m.

3.4 Travel Time

(a) Payment of travel time will be in accordance with present practice.

Travel allowance is mileage from home to temporary assignment less

mileage from home to permanent assignment. Travel allowance will be

maintained at the same level as the IRS limit per mile for all miles driven

during the lifetime of this Agreement. In those cases where temporary work

may become available in outlying areas, the senior man living in the area

will be given consideration if qualied. This applies only to employees in the

Main Shop pool. The Automotive Pool Man will be supplied with a list of tools

required to perform job requirements. When required to report to temporary

work location (scheduled work week), the Pool Man will be required to

carry the designated tools in his/her personal vehicle provided tools can be

properly accommodated.

(b) Tolls cash expenditures and travel allowance will be paid monthly

by separate check within two weeks from the time these expenses are

submitted. Any shortages will be addressed immediately. Whenever possible

the Mechanic will be provided with E-Z Pass for use while operating UPS

vehicles.

pay and mileage allowance shall be as follows: The Company will pay no

less than eight (8) hour guarantee: in case of an accident, the Company

will provide transportation for the employee to his home on the day of the

accident only.

When a Mechanic uses their personal vehicle in the service of the

Employer and is involved in an accident disabling the vehicle, the Employer

shall reimburse the employee up to 500.00 to cover the employee expenses

related to the accident, including towing, rental car reimbursement or

deductible. The Company will cover liability where the employee’s overage

ends.

3.5 Employees receiving more than the rate of pay in their respective

classications will not suffer any reduction in the rate as a result of this

Agreement.

3.6 Injury-On-Job Pay

An employee who becomes sick on the job will be paid for all time worked

on that day. An employee who gets hurt on the job will be paid for the entire

day.

3.7 Handymen

a) Handymen will have their own jurisdiction wide seniority list.

b ) Handymen shall be used to perform non-skilled, non technical work.

c) The starting rate shall be $15.00 per hour and after (6) six months will

receive the prevailing hourly pay rate (50% of the Journeymen).

d) The Handymen classication will not exceed 20% of the Bargaining

Unit.

e) The scheduled work week for Handymen will be ve consecutive

days Sunday-Thursday, Monday-Friday or Tuesday-Saturday. The day off

schedule will be posted by Thursday the preceding week.

f) Handymen may be assigned to report for and nish work at a facility

other than their primary work location. Handymen may be scheduled to

work in more than one (1) location during their scheduled work day/week.

Handymen will receive the appropriate travel allowance. Travel allowance

is miles and tolls to and from all work locations minus miles and tolls to and

from employee’s home and permanent work location.

g) Handymen will have a separate vacation schedule.

h) A Journeymen Mechanic (during progression) will not earn less per

Hour than prevailing Handyman rate.

i) It is specically understood and agreed by both parties that giving the

Handymen their own seniority list, is not in any way to violate or interfere with

the Journeymen Mechanics seniority which at all times and circumstances

prevails.

j) All Handymen interested in becoming a Journeymen Mechanic will be

required to complete a pre-qualication test. Time spent taking this pre-

qualication test will not be paid time. Those Handymen who successfully

complete the pre-qualication test will then be permitted to place their

names on job bids posted in accordance with Article 11.6. Upon entering the

Journeymen classication, the Handyman will be required to successfully

complete a thirty (30) day training program. The Company, the employee

and the Union Shop Steward will meet no less than ve (5) times during

this training period to discuss the employee’s progress and/or any areas of

deciency.

If the Handyman cannot meet the requirements to become a Journeymen,

the Company may offer the Handyman the opportunity to enter the Apprentice

program in accordance with Article 30.

After the bidding procedure has been followed, and no seniority employee

within the classication accepts the bid, the open bid for a Journeymen’s

position will be offered in seniority order to those employees who have

successfully completed the pre-qualication test and whose names appear

on the transfer list.

Upon entering the Journeymen classication, the transferring employee

will be required to successfully complete the thirty (30) day training program.

The Company, the employee and the Union Shop Steward will meet no

less than ve (5) times during this training period to discuss the employee’s

progress and/or any areas of deciency.

If the transferring employee cannot successfully meet the requirements to

become a Journeymen, the Company may offer the transferring employee

the opportunity to enter the Apprentice program in accordance with Article 30.

In the event the employee does not agree to enter the Apprentice program,

the transferring employee will return to his/her classication and original job

with no loss of seniority. Employees who fail to qualify will be advised of the

areas in which they are decient and upon successfully completing training

in these areas, may place their names back on the pre-qualied transfer list.

3.8 Helpers

a) Helper will have their own seniority list.

b) Employees classied as Helpers may perform repairs on trailers. If

the Company’s needs require Helpers to work on power equipment, the

Helper may do so only if there is no Journeymen Mechanic available and

may do so only under the guidance of a Journeyman.

c) The starting rate for Helper will be ($1.00) one dollar per hour less

than the seniority rate. Upon attaining seniority the Helper will receive the

prevailing hourly pay rate (70% of the Journeymen).

d) The Helper with the most seniority will be one day behind the

Journeymen Mechanic with the least seniority for all working purposes.

e) The Helper classication will not exceed 20% of the Bargaining Unit.

f) Helpers will have a separate vacation schedule.

g) Helpers may be used for vacation coverage for Journeymen

Mechanics in the trailer shop only.

h) A Journeymen Mechanic (during progression) will not earn less per

hour than prevailing Helper rate.

i) It is specically understood and agreed by both parties that giving the

Helpers their own seniority list, is not in any way to violate or interfere with

the Journeymen Mechanics seniority which at all times and circumstances

prevails.

j) All Helpers interested in becoming Journeymen will be required to

complete a pre-qualication test. Time spent taking this prequalication

test will not be paid time. Those Helpers who successfully complete the

pre-qualication test will then be permitted to place their names on job

bids posted in accordance with Article 11.6. Upon entering the Journeymen

classication, the Helper will be required to successfully complete a thirty

(30) day training program. The Company, the employee and the Union Shop

Steward will meet no less than ve (5) times during this training period to

discuss the employee’s progress and/or any areas of deciency.

If the Helper cannot meet the requirements to become a Journeymen,

the Company may offer the Helper the opportunity to enter the Apprentice

program in accordance with Article 30.

After the bidding procedure has been followed, and no seniority employee

within the classication accepts the bid, the open bid for a Journeymen’s

position will be offered in seniority order to those employees who have

successfully completed the pre-qualication test and whose names appear

on the transfer list.

Upon entering the Journeymen classication, the transferring employee will

be required to successfully complete a thirty (30) day training program. The

Company, the employee and the Union Shop Steward will meet no less than

ve (5) times during this training period to discuss the employee’s progress

and/or any areas of deciency.

If the transferring employee cannot successfully meet the requirements to

become a Journeymen, the Company may offer the transferring employee

the opportunity to enter the Apprentice program in accordance with Article 30.

In the event the employee does not agree to enter the Apprentice program,

the transferring employee will return to his/her classication and original job

with no loss of seniority. Employees who fail to qualify will be advised of the

areas in which they are decient and upon successfully completing training

in these areas, may place their names back on the district pre-qualied

transfer list.

3.9 When an employee informs the Employer of an unsafe condition and

receives no consideration from the Employer, he/she shall take the matter up

with the Ofcers of the Union who will take the matter up with the Employer.

3.10 Utility Journeymen

(a) Utility Journeymen may be scheduled to work in more than one (1)

location during their scheduled workweek within their District. Their start

time may not vary more than two (2) hours from their original posted time

for that week.

(b) The number of these jobs bid shall not exceed two (2) Automotive and

three (3) Maintenance Journeymen per District provided that the third Utility

Maintenance Journeyman does not exceed twenty-ve percent (25%) of the

total number of Maintenance Journeymen in that District. If the need arises,

these employees may be assigned to work in another District and will receive

the appropriate travel allowance. The Company will review with the Local

Union prior to assigning Utility Journeymen to work out of district.

the automotive classication and three (3) Utility persons for the maintenance

classication.

(d) Under no circumstances will the Company ever be required to have less

than two (2) Utility Persons per district for the maintenance classication.

(e) Utility Journeymen shall work in their own classication.

(f) The Company will provide a secured area in the buildings for the Utility

Mechanics’ tools.

(g) No utility bid shall be scheduled to work on Sundays.

(h) Travel time pay and mileage allowance to and from all buildings,

scheduled or unscheduled. Travel allowance is miles and tolls to and from

all work locations minus miles and tolls to and from employee’s home and

permanent work location.

(i) Interdistrict work assignment will be in seniority order and the appropriate

travel time pay and mileage allowance shall be paid for by the Company.

(j) All utility bids are rst bid Monday through Friday. If no senior person

takes the bid (seniority prior to August 1, 1987) the bid can be changed to

Tuesday through Saturday.

(k) No person with a seniority date prior to August 1, 1987 can be forced

to take the utility bid.

(l) Utility Mechanics’ work schedule will be posted on each Thursday in the

same manner as all Mechanics’ work schedules.

(m) Utility Mechanics’ starting times may be changed on a daily basis, but

not more than two (2) hours prior or after the original bid time.

(n) Utility Mechanics’ may be used to cover scheduled vacations,

Workmen’s Compensation, Disability, and other extended absences. The

offering of work of this nature will be done only after all open jobs are

offered to all the Pool Mechanics within the district. When used to cover as

set forth above Utility Mechanics start times will not vary by more than two

(2) hours prior or after their original bid time.

(o) When Utility Mechanics’ are used to cover vacations, the Company will

not be required to use the Utility Men to cover the entire week.

3.11 Pool Journeymen – Automotive

(a) In those cases where temporary work may become available in outlying

areas, the senior man living in the area will be given consideration if qualied.

This applies only to employees in the Main Shop Pool. The Automotive Pool

Man will be supplied with a list of tools required to perform job requirements.

When required to report to temporary work location (scheduled work week),

the Pool Man will be required to carry the designated tools in his/her personal

vehicle provided tools can be properly accommodated.

(b) Scheduled vacations, Workmen’s Compensation, Disability and other

extended absences will be covered by the Pool Man in the automotive

department. The Pool Man will work the hours of the person he/she is

covering at the straight rate of pay until normal overtime provisions apply.

facilitate the coverage needed.

(d) The Pool Man will stay on their bid hours when not covering.

(e) Automotive Pool Men will select their vacations as per past practice.

(f) Pool Men not covering vacations, Workmen’s Compensation, Disability

and other extended absences will be assigned to the Main Shop Pool. The

main shops presently are Meadowlands, Parsippany and Edison.

3.12 Pool Journeymen – Maintenance

(a) Scheduled vacations, Workmen’s Compensation, Disability and other

extended absences will be covered by the Maintenance Pool Journeymen.

Maintenance Journeymen Pool Jobs must be bid after 12 noon and before

5:00 am.

(b) Maintenance Pool Men not covering scheduled vacations, Workmen’s

Compensation, Disability or other extended absences will be assigned to the

Main Shop Pool. The Main shops presently are Meadowlands, Parsippany

and Edison.

Metro Jersey (Meadowlands): one (1) job.

North Jersey (Parsippany): one (1) job.

Central Jersey (Edison): one (1) job.

(d) Should additional Pool Men be needed this work will be covered by the

least senior men in the effected District.

(e) Pool Men will work the hours of the person he or she is covering at the

straight time rate of pay until normal overtime provisions apply.

3.13 It is mutually understood and agreed upon by both the Company and

the Union that all other working conditions for Utility Journeymen and Pool

Men shall be discussed and agreed upon as problems arise.

ARTICLE 4.

HOURS OF WORK AND OVERTIME

4.1 Five (5) days of eight (8) hours each shall constitute a weeks work.

4.2 Overtime, at the rate of time and one-half shall be paid to all hourly

employees for all hours worked in excess of eight (8) hours in any one

day, or for hours worked outside of the regularly scheduled bulletin hours.

Employees who come in late or leave early for personal reasons will be

exempt from the above.

The xed starting times shall not apply to employees who are scheduled

to work on Sunday at the regular straight time rate of pay, but will remain

constant for the remainder of the regular scheduled work week.

4.3 Pay at double the regular straight time rate, shall be paid for work on

Sundays when such work is extra work and does not constitute part of the

scheduled workweek of the employee. However, any employee who attains

seniority after July 31, 1987 may be scheduled to work on Sunday at their

regular straight time rate of pay. Those employees who are scheduled to

work on Sunday as part of their regular scheduled work week will be paid

at double the regular straight time rate for their seventh (7th) work day.

Any Sunday schedule work pursuant to Article 4 is covered by the above

language.

4.4 In addition to the eight (8) hours of pay at the regular straight time rate

which will be paid to all employees for the holidays specied in Article 7 of the

Agreement, those employees who work on such holidays when such work

is extra work and does not constitute part of the scheduled work week of the

employee, shall be paid at double the regular straight time rate.

4.5 Any extra work performed pursuant to 3 or 4 above, which continues

into Monday or a day following the holiday, as the case may be, shall be paid

at double the regular straight time rate, but such rate shall not continue into

a regularly scheduled shift, except for employees who are scheduled to work

on Sunday as part of their regular scheduled work week.

4.6 It is mutually understood and agreed that time not worked, even

though paid for, shall not be included as time worked for the purpose of

computing overtime; that the overtime provisions of this Agreement cover all

overtime payments to which an employee is entitled, whether by agreement

or statute or both, that any such overtime or premium payments for time not

worked shall not be included for the purpose of computing an employee’s

regular rate of pay and that there shall not be any pyramiding of statutory

overtime on contractual overtime.

4.7 Employees shall be allowed two (2) fteen (15) minute coffee periods,

the time for which shall be set by mutual agreement between the Company

and the Union.

4.8 Scheduled Work Week

The scheduled work week for all covered employees will be Monday

through Saturday. The Company agrees to keep to a minimum the numbers

of employees scheduled to work on Saturday, pursuant to the operating

needs of the business. The day off schedule will be posted by Thursday the

preceding week.

4.9 Lunch Period

The lunch period must be started not sooner than three (3) hours and

no later than ve (5) hours after scheduled starting time. If an emergency

occurs and employee works through the lunch period, such employee will

receive one-half (1/2) hour at the overtime rate, plus an opportunity to eat

after the emergency, but within his regular scheduled shift. Such time shall

not be counted as the regular breaks provided for in Article 4.7.

4.10 Call In On Day Off

Any full-time employee who worked on his scheduled day off and is also

available for work on each of his regularly scheduled ve (5) days (except for

absence due to legitimate good cause) shall receive overtime pay at the rate

of time and one-half for all work on such scheduled days off, but in the event

he is absent on any of his regularly scheduled ve (5) days without legitimate

good cause, he shall receive no overtime pay for work on his scheduled day

off.

4.11 Early Call In

An employee called in to work before his scheduled starting time or after

the termination of his regular shift shall receive overtime pay for such hours

actually worked, but no less than three and one half (3 1/2) hours work or

pay at time and one half (1 1/2) the straight time hourly rate of pay. This shall

not apply to employees who continue on overtime work after the completion

of their regular shift. Employees notied before the end of their regular shift

to report for work prior to the regular starting time on the following day, shall,

likewise, be exempt from the guarantee and shall be paid only for hours

actually worked at time and a half. Employees called in and assigned to work

in buildings other than their domiciled building may elect to report to and

nish work at their domiciled building. The option of where to report and nish

is solely the choice of the affected employee.

ARTICLE 5.

WELFARE PLAN

5.1 The Company will make contributions for the Health & Welfare In

accordance with Article 34 of the National Master Agreement as applicable

to the Teamsters Western Region and Local 177 Health Care Plan.

5.2 Beginning January 1, 2014 eligibility for health and welfare benets,

for both active and retired employees, will be in accordance with Article 34

of the National Master Agreement and the Teamsters Western Region and

Local 177 Health Care Plan’s Summary Plan Description.

5.3 Current retirees who are receiving benets through a UPS sponsored

plan shall receive coverage beginning January 1, 2014 under the terms

of the Memorandum Concerning UPS Sponsored Plans, attached to the

National Master Agreement.

Any eligible employee who retires effective January 1, 2014 or thereafter

shall be provided retiree medical benets through the Teamsters Western

Region and Local 177 Health Care Plan.

5.4 The employer shall make health and welfare contributions for

employees who have been injured on the job for a period of one (1) year, and

for employees who are ill or who have been injured off the job for a period

of four (4) weeks.

ARTICLE 6

RETIREMENT PLAN

Pension contribution increases to the UPS-Local 177 Retirement Plan will

be made in accordance with Article 34 of the National Master Agreement and

the Letter of Agreement between IBT Local 177 and UPS.

ARTICLE 7

HOLIDAYS

7.1 A full-time seniority employee shall be paid for the following holidays

provided he works a minimum of two (2) days during the holiday week, one

of these days must be the day before or the day after the holiday: New

Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving

Day, Christmas Day, New Year’s Eve Day and the day after Thanksgiving.

Seniority employees who are absent the full week of the holiday week due

to illness or Workers Compensation or Disability need not work during the

holiday week in order to receive holiday pay. The amount of holiday pay shall

be the equivalent of eight (8) hours straight-time pay.

Employees who have attained seniority shall be entitled to one (1) Option

Holiday. The Employee may request payment for this additional holiday at

any time after the effective date in lieu of time off.

Employees will be entitled to a Personal Holiday upon attaining seniority.

If the employee elects to work the Personal Holiday they will receive Holiday

pay plus double time for all hours worked. If the employee elects to take

this Personal Holiday as a day off, he/she will be paid eight (8) hours and

he/she must notify the Company prior to the Thursday before the week their

Personal Holiday will fall.

Employees will be afforded the time off in seniority order with a minimum

of one (1) per day, and a maximum will be determined by the needs of the

business.

Neither of these options may be exercised from December 1 to December

25 of each year.

7.2 Effective May 1, 1980 and each year thereafter, all seniority employees

with one (1) year or more of seniority shall have earned ve (5) consecutive

days off, Monday through Friday, with forty-ve (45) hours pay for full-time

employees, which must be taken between December 26 and the Sunday

after Thanksgiving. In addition, employees may elect to use these days

individually with nine (9) hours pay per day. The employee may request

payment for these ve (5) additional days at forty-ve (45) hours pay or nine

(9) hours straight time pay per day, at any time after the effective date, in

lieu of time off. The selection of the one (1) week option, individual days, or

to receive pay in lieu of time off must be made in seniority order during the

employee’s regular vacation pick.

Individual days shall be awarded by seniority and the following procedure

shall apply: any employee who noties the employer prior to two (2) weeks

before the requested day off will be placed on a list of employees that

requested said day off. Employees will be notied two (2) weeks before the

requested day off whether the request will be granted or denied. Employees

will be afforded the time off in seniority order. The Employer will not

unreasonably deny these individual days.

Utility Mechanics may be used to cover these approved individual days.

7.3 If any of the specied holidays fall during an employee’s vacation

period, the employee shall have an option to receive an additional day off

when mutually convenient or to receive an additional day’s pay (8 hours) in

lieu of an additional day off.

7.4 In any week in which a holiday falls on the weekend, the employee

may elect to receive an additional (8 hours) pay (holiday) or elect to mutually

agree upon another scheduled day off and receive the holiday pay.

ARTICLE 8.

SICK LEAVE

8.1 Effective May 1, 1980, and each May 1st thereafter, all regular full-time

employees with one (1) year seniority shall have earned six (6) days paid

sick leave per year ending April 30th.

8.2 Regular full time employees with less than one (1) year seniority prior

to May 1st of each year, shall have earned one (1) day paid sick leave after

the rst six (6) months, and one (1) day for every six (6) months of service

thereafter.

8.3 A cash payment will be made at the end of each year for each day of

unused sick leave. The amount of unused sick leave pay shall be equivalent

to nine (9) hours straight time pay per day.

8.4 In no event will an employee be entitled to more than six (6) days sick

leave per year.

8.5 An employee who calls in sick and has earned sick days available will

be paid his/her remaining sick leave for the day or days he/she is out unless

the employee noties his/her immediate Supervisor in advance.

8.6 The employees may request payment for any earned unused sick days

at the rate of nine (9) hours per day after the effective date in lieu of time off.

ARTICLE 9

VACATIONS

9.1 Vacation schedule for regular full-time employees:

One Year Seniority One week Vacation

Two Years Seniority Two weeks Vacation

Five Years Seniority Three weeks Vacation

Fifteen Years Seniority Four weeks Vacation

Twenty Years Seniority Five weeks Vacation

Effective August 1, 1990, all employees with twenty-ve (25) or more

years of seniority shall be entitled to a sixth (6th) week of vacation providing

they are otherwise eligible. This additional week of vacation will be provided

in the next vacation period following ratication of this Agreement.

9.2 The vacation period starts on December 26th and ends on the Sunday

after Thanksgiving of the following year.

9.3 An employee having full seniority credit of 1, 2, 5, 15, 20 or 25 years

shall be entitled to the corresponding credit of 1, 2, 3, 4, 5 or 6 weeks of

vacation during the rst available vacation period after having obtained his/

her full seniority credit.

9.4 Vacation schedules shall be posted on November 1st. Vacation

picks will begin November 15th and be completed by December 31st. Any

delays in the selection of vacation weeks during the process will be promptly

addressed by the Union and the Company.

9.5 The Company agrees to post a tentative list of available vacation

weeks prior to the posting of the actual vacation schedules. In case more

employees shall apply for a vacation than the number allotted by the

Company to be off during such period, the choice for vacation shall be based

on seniority provided such assignment does not interfere with or hamper

operations.

9.6 No work shall be performed by the employee for the Company during

his/her scheduled vacation.

9.7 If an employee resigns or retires after attaining one (1) year seniority,

he/she shall receive pro rata vacation due.

9.8 (a) The Company shall pay the appropriate vacation pay in advance

to any employee immediately prior to such employee taking his vacation.

(b) Vacation pay shall be based on the employee’s regular (not temporary)

work assignment.

receive the vacation benets he would have been entitled to had he been on

the payroll on his/her qualifying date.

The amount of money to be paid is governed by the progression step the

employee is in at the time he/she actually takes his/her vacation.

9.9 Employees who work on higher rated jobs a minimum one hundred

(100) days during the twelve (12) months immediately preceding his

scheduled vacation shall receive vacation pay based upon the higher rated

jobs.

9.10 Vacation pay shall be based upon a forty-ve (45) hour straight time

week.

9.11 Employees may select a maximum of (2) two weeks vacation pay

in lieu of time off per year. Employees who utilize this option may elect to

have these weeks of vacation pay deposited directly into their 401K accounts

should the plan allow for such transfers. Notication for paid vacation weeks

will be done prior to posting vacations.

The Company agrees not to reduce the available weeks of weekly vacation

from their present levels as a result of Journeymen opting to exercise their

right to the above referenced option.

ARTICLE 10.

DISCHARGE

10.1 The following shall be causes of immediate suspension or discharge

of an employee: drinking or proven or admitted dishonesty, situations

involving serious physical violence, or serious threats of physical violence, or

severe physical sexual harassment, or repeated lewd comments of severe

sexual nature directed at an individual.

As a matter of interpretation, “serious physical violence” shall not include

the following: accidental physical contact or actions reasonably taken in self-

defense, pointing of one’s nger at another, loud and/or abusive behavior

including foul language.

As a matter of interpretation, “serious threats of physical violence” shall be

limited to a clear threat of imminent harm under circumstances demonstrating

a reasonable ability to do so.

In any and all other matters involving a disciplinary action, the parties

agree that the employee will remain on the job until such time of the

scheduled arbitration hearing.

10.2 In those cases involving disciplinary action where suspension or

discharge without pay is not authorized pursuant to the above; but where the

Company feels the need to put the employee off property, the parties agree

to submit the issues on priority basis to the expedited discharge arbitration

procedure, and the Company agrees to pay that employee all wages and

benets until the completion of the expedited arbitration process. Cases in

which the employee is immediately discharged without pay for the grounds

set forth above shall have precedence over discharge cases in which the

employee remains on the job in the expedited arbitration process.

10.3 In all other cases involving the discharge or suspension of an

employee, the Company will give three (3) working days notice to the

employee of this discharge or suspension and the reason therefore. Such

notice shall be given to the Shop Steward and the Local Union ofce. All

warning letters including those stemming from reductions of notices of

suspension and discharge, shall not remain in effect more than twelve (12)

months.

10.4 An employee subject to immediate suspension or discharge, in

violation of this agreement, and subsequently returned to work, shall receive

back pay at the double time rate of pay.

Any claimed violation of this agreement shall be heard simultaneously by

the Discharge Arbitrator.

Any dispute arising from the interpretation of this language will be

referred to the co-chairs of the supplemental negotiating committee, or their

designated alternates.

This Agreement shall not affect either parties’ rights with respect to

discipline under the National Master Agreement other than Article 7.

ARTICLE 11.

SENIORITY

11.1 Acquisition of Seniority

All new employees shall receive up to a thirty (30) working day trial period,

during which time they shall be probationary or temporary employees.

11.2 Layoff

In case of layoff or reduction of staff of ve (5) consecutive days or more,

the principle of seniority shall be applied by classication based on full time

company seniority. If any dispute arises out of such application of seniority,

the matter will be processed under the Grievance Procedure as referred to

in Article 14 of this Contract. It is furthered agreed that the Shop Steward

shall be the last man laid off when a reduction in staff becomes necessary.

All Journeymen, Helpers, Handymen and Apprentices who are laid off

from their classications will be permitted to work as set forth below:

1. Laid off employees may displace the most junior employee working in

the classication within the Local Unions jurisdiction.

2. The laid off employee may displace two (2) part time employees within

the building they were laid off in, if qualied.

3. If two (2) shifts of part time employees are not available within the

building he or she may displace two (2) part time employees within his or her

District’s hub, if qualied.

4. If two (2) shifts of part time employees are not available in his or her

District’s hub, he or she may displace two (2) part time employees in any

other hub within the jurisdiction of Local 177, if qualied.

5. The laid off employee may displace the part timer working the greatest

number of hours whose work he/she is qualied to perform, at the laid off

employees prevailing rate of pay.

6. When work again becomes available in the employees classication

he/she shall return by seniority to their classication.

11.3 Recall from Layoff

When, after layoff or reduction of staff, the working force is increased in

the substantially identical tasks referred to above, those seniority employees

who have been laid off in such tasks shall be re-employed in the reverse

order in which they were laid off. In unusual or emergency situations, the

order of re-employment may be waived by mutual consent of the Union and

the Company.

11.4 Seniority List

There shall be six (6) seniority lists:

A. Journeymen Mechanics

B. Maintenance Journeymen

C. Ground Support Equipment Journeymen

D. Helper (Automotive)

E. Handyman (Maintenance)

F. Apprentice

Except in emergencies the assignment of work between the automotive

and maintenance classications will be assigned according to past practice.

11.5 Loss of Seniority

Any employee shall lose all seniority rights if:

(a) Employee quits.

(b) Employee is discharged.

however, that before employment is terminated, the Company will send a

written certied letter giving the employee ve (5) days in which to report.

The Union shall be notied at the same time.

(d) Employee is offered a job and does not report within ve (5) days. In

such cases, the Union will then be notied and, if the employee does not

report within three (3) additional days, his or her name will be removed from

the seniority list.

(e) An employee shall lose all seniority rights if, after being laid off, he/she

is not re-employed within the following allowed period:

Seniority at Time of Layoff Allowed Period

Less than 3 months 4 months

3 months and over, but less than 4 6 months

4 months and over, but less than 5 8 months

5 months and over, but less than 6 10 months

6 months and over, but less than 24 12 months

24 months and over 24 months

(f) Employee is promoted to a supervisory position.

11.6 Bidding

(a) When a permanent vacancy or additional jobs are created in automotive

as covered in the contract classication of jobs, or when there is a change

in starting times of more than one (1) hour, any seniority automotive person

within the district may apply for such vacancy, new job or new starting time

provided he/she qualies. The Company and the Union shall agree on such

changes.

Each bid shall be posted simultaneously throughout the Locals

jurisdiction. If no seniority automotive person within the district applies, then

the Company shall offer the bid to any seniority automotive person within the

Local’s jurisdiction provided the person is qualied.

Districts shall be dened as:

When a permanent vacancy or additional jobs are created in maintenance

as covered in the contract classication of jobs, or when there is a change

in starting times of more than one hour, any seniority maintenance person

within the jurisdiction may apply for such vacancy, new job or new starting

time provided he/she qualies. The Company and the Union shall agree

on such changes. If the vacancy is awarded to a seniority Maintenance

Mechanic from outside the district in which the job is bid the Company may

utilize the Pool Mechanic from the transferees district to cover his previously

selected vacation.

(b) Bids shall be posted for a period of ve (5) working days. All jobs

posted will show starting times and days off schedules. Copies of awarded

bids will be maintained in each facility. Once a bid has been awarded, the

Company will provide the Union Ofcial or Shop Steward with a copy of the

bid.

awarded. There shall be no bidding of jobs during the vacation selection

period. The last vacancy shall be lled on a continual rotating basis of one

(1) full time qualied transfer, one (1) part time transfer and one (1) off the

street new hire.

(d) The number of bids will be according to past practice.

(e) There shall be no bids on starting time changes of one (1) hour or less.

In the event the time is changed beyond one (1) hour and a bid is accepted

and the starting time reverts back to the original starting time within thirty (30)

working days, then the original man in that job goes back.

(f) The above shall not apply in a situation in which there is a large change

of personnel from one location to another.

Metro Metro Edison North

Meadowlands Edison Parsippany

Gould Avenue Tinton Falls Spring Valley

Lyndhurst Staten Island Chester

Trenton New Windsor

Lakewood Mount Olive

Cranbury Bound Brook

Saddle Brook

(g) In the case of job abolishment or discontinuance of a bid, the principle

of seniority shall apply as follows: the employee affected shall be the least

senior employee on the start time. Using his/her seniority the employee

has the choice to displace the lowest senior employee on any start time

in any building, in the Local Union’s jurisdiction. Each affected employee

shall exercise his/her seniority within his/her classication, provided he/she

is qualied to perform the work.

(h) In the event automotive equipment needs repair at Newark Gateway,

Ground Support Mechanic will perform necessary repairs during this

emergency situation.

(i) The Company shall have the right during the period between

Thanksgiving and Christmas of each year to move Journeymen’s start

times two (2) hours in addition to the provisions provided for in Article

11.6 Subsection (e) as required by the operating needs of the Company.

These moves will not be subject to the bidding process as outlined in Article

11.6 above. Any affected Journeymen will not suffer the loss of the night

differential due to this provision. Only one (1) move per man will be permitted

during this period unless the move is closer to the employees original start

time. At the conclusion of this period the affected employees will be returned

to his/her start time.

Utility Journeyman in both classications will only be permitted to move

one (1) hour under this provision. This one hour move will be in addition to

the two (2) hour movement set forth provided for in Article 3.9.

It is understood by both parties that if the company chooses to implement

this language the change in start time will remain the same for the entire

week and will be posted on a weekly schedule.

(j) When a Sunday Hub sort is cancelled or changed from a Sunday

through Thursday to a Monday through Friday the affected bids may be

changed with the following restrictions:

A) The change may be from a Sunday through Thursday workweek to

a Monday through Friday workweek only for those effected Mechanics.

B) When the Hub goes from Sunday through Thursday to Monday

through Friday it will be the affected Journeymen’s option to work Monday

through Friday instead of Sunday through Thursday. If he/she chooses

not to work Monday through Friday he/she will only be paid the days that

he/she works that week.

C) The affected employee will be notied no later than the Monday prior

to week the change will occur.

D) The Company may make the change up to a maximum of ve (5) times

per calendar year.

E) If the change occurs on three (3) consecutive weeks or the maximum

(5) ve times per year is exceeded, the Company will meet with the Union

to discuss the cause and all known future cancellations and the potential

need to re-bid the effected Mechanics job.

This language will apply to Mechanics who are on bids that are scheduled

Sunday through Thursday only.

11.7 Transfers

Transfers from any classication covered by this agreement may be

requested to any other full time classication in the Collective Bargaining

Supplemental Agreement between United Parcel Service (New Jersey)

and Teamsters Local 177 (known as the package agreement). In addition,

transfers will be permitted within the UPS (New Jersey) and Teamsters Local

177 Mechanics and Maintenance Supplemental Agreement. A list shall be

prepared of employees requesting said transfers. If a job is not lled through

the bidding procedure as outlined in this agreement, it shall be offered to the

overall transfer list. Employees will be notied within fteen (15) working

days as to the status of their transfer. The transfer list shall include the

location and classication to which an employee wishes to transfer.

The following provisions shall apply to all Automotive and Maintenance

Employees:

a. There will be a thirty (30) working day probationary period for Automotive

and Maintenance employees who transfer to all classications.

b. Automotive and Maintenance Employees will be placed on the transfer

list using their full time company seniority. Transfers will be limited to three

(3) per district per year.

c. If an Automotive or Maintenance Employee transfers, the transferee shall

be placed on the seniority list in the classication to which he/she transferred

and his/her seniority date shall be the date of the transfer for the purposes of

bidding etc. However, he/she shall maintain his/her company seniority date

for the number of weeks vacation, retirement etc. Vacation shall be based

on full time company seniority.

d. Candidates for transfer must have at least one (1) year of service.

e. When an opening becomes available, the transferring employee may be

held in his/her Automotive or Maintenance position for a maximum of thirty

(30) days before being released to his/her new position.

f. Candidates who desire to put their name on the transfer list to enter the

Automotive or Maintenance classications will be required to satisfactorily

complete a pre-qualication process. This pre-qualication process will be

the same as the pre-qualication process that new hires off the street will be

required to complete. Qualied Transfer candidates will be selected from

the transfer list in seniority order.

g. The Company shall ll permanent vacancies on a continual rotating basis;

One (1) Full timer off of the qualied transfer list, One (1) Part timer off of the

qualied transfer list, One (1) new hire.

h. Part time employees successfully transferring to full time jobs will be

considered as newly hired full time employees and will be added to the

appropriate seniority list. Their seniority date will be the day of the transfer.

If a holiday falls during their probationary period they shall be paid four (4)

hours pay at the part time rate of pay they were receiving at the time of

transfer, in addition to all regular earnings for time worked.

i. This language shall not apply to Ground Support Equipment Journeymen.

In addition, it will not apply to Apprentices until they have achieved the status

of Journeymen and have one (1) year seniority as a Journeyman.

ARTICLE 12.

LEAVE OF ABSENCE

12.1 The Company agrees that all seniority rights shall continue in full force

and effect with respect to not more than thirty (30) employees who presently

are, or may, during the term of this Agreement, serve the Union as full-time

Ofcers or representatives, or who serve the New Jersey Teamsters Joint

Council or the International Union as full time Ofcers or representatives.

Such seniority shall continue in the like manner as if such employees were

employed continuously as regular full time employees.

12.2 The Company will consider written requests for leave of absence

from seniority employees for periods beyond two (2) weeks need not be

requested in writing, but are subject to the control of the local Supervisor.

Requests for leave shall not be unreasonably withheld.

(a) Applications made out in triplicate must be signed by the employee

and his Center Manager and forwarded to the Personnel Department for

consideration. No leave will become ofcial until approved by the Personnel

Department in writing. Copies of the application will be sent to the employee

and to the Union.

(b) Leaves, where granted, shall be for maximum periods up to three (3)

months, but may be subject to renewal for additional three (3) month periods

upon presentation of satisfactory need for continuance. Employees may

return to available work prior to the expiration of leave upon notication to the

Company at least one (1) day in advance or return.

medical evidence. Requests for leave for other purposes such as extended

vacations, family reasons (not involving employment) or emergency

circumstances, will be considered on their merits, subject to the needs of

the business. Leave shall not be granted to permit an employee to work

elsewhere.

(d) Credit toward progression shall not accumulate during leave.

(e) Any employee who is receiving compensation benets, or benets

under the Health and Welfare Fund for sickness shall not be required by the

Company to sign any Leave of Absence forms. The Company shall obtain

pertinent information with respect to the employee’s illness directly from the

Fund ofce.

(f) It is understood that maternity leave for female employees shall be

granted with no loss of seniority for such period of time as her doctor shall

determine that she is physically unable to return to her normal duties.

ARTICLE 13.

GENERAL MANAGEMENT PROVISION

13.1 The management of the Company and the direction of the working

forces, including the right to plan, direct and control Company operations

and to maintain and establish rules of operation and working practices, not

inconsistent with the provisions of the Agreement shall be vested exclusively

in the Company. It is agreed that the Company will give the Union thirty (30)

days notice of any anticipated major change in the Company’s method of

operation.

13.2 If any major change by the Company in methods of operation results

in substantial change in job content of any job classication provided in this

Agreement or in the creation of a new classication or in substantial hardships

to employees, the parties shall attempt to agree on a new wage rate for such

job or jobs or hardship corrections, and failure to agree, an applicable wage

rate or hardship correction shall be determined by arbitration in accordance

with the provisions of Article 14 herein.

ARTICLE 14.

GRIEVANCE AND ARBITRATION

14.1 A grievance is hereby jointly dened to be any controversy, complaint,

misunderstanding or dispute arising as to the interpretation, application or

observance of any provisions of this Agreement.

14.2 It is mutually agreed that any difference arising between the

Company and the Union or an employee of the Company as to the meaning,

application, or observance of the provisions of the Agreement (except

claims of excessive overtime which shall be processed in accordance with

the provisions of Article 4), such difference shall be settled in the following

manner:

(a) The aggrieved employee or employees shall rst take the matter

up with the Shop Steward who, in turn, will take the grievance up with the

Supervisor in charge. Employees shall have the Shop Steward present on

any grievance. Grievances must be submitted to the Supervisor within ten

(10) days after the occurrence of such grievance. If a satisfactory settlement

is not affected with the Supervisor within one (1) working day, the employee

shall submit such grievance to the Union’s representative in writing.

(b) If no satisfactory adjustment is agreed upon, the matter shall, within ten

(10) days after Step 1 be referred by an ofcer of the Union to the Division

Manager of the Company or some other ofcer of the Company with authority

to act, who shall receive the alleged grievance and offer a decision within ve

(5) working days after receipt of same.

settlement shall entitle the grievant(s) to a penalty payment. Such penalty

payment will be equal to one half (1/2) of his/her daily guarantee at his/

her regular hourly rate. The ten (10) working day period shall begin to run

when the Labor Department representative agrees to the settlement, or is

notied by the Union or management team of the settlement with an agreed

to standardized form. The employer shall pay a maximum of one (1) penalty

payment for a multi-grievant grievance.

14.3 Arbitration

(a) Any grievance or difference which cannot be adjusted between the

parties may be submitted to arbitration upon written notice of either party to

the other within ten (10) days of failure to agree under Section 2 above as

follows:

(1) The matter or matters in dispute shall be submitted to an Arbitrator, who

shall be selected in each case from a permanent panel of ve (5) Arbitrators

approved in advance, by the Union and the Company. Designation from this

panel shall be handled by the American Arbitration Association. If the parties

are unable to agree upon the selection of such Arbitrator or their successors,

any opening or openings on said panel shall be lled by designation of the

American Arbitration Association. Moreover, if none of the Arbitrators on the

panel are available on a timely basis in a particular case, an Arbitrator in

such case shall also be designated by the American Arbitration Association.

Discharge grievances will be heard through an expedited arbitration

procedure. In the event an expedited procedure is not available, the

grievance will be heard through the regular procedure as outlined on the

previous page.

(2) Costs, in connection with any arbitration, shall be paid half by the

Company and half by the Union.

The decision by the Arbitrator shall be nal and binding upon the parties

and shall be rendered within thirty (30) days after the close of the hearing.

(3) The parties agree that all time limits set forth in Sections 2 and 3 hereto

shall be strictly adhered to.

(b) (1) In the event either the Union or the Company are of the opinion that a

particular dispute or grievance is of such a nature as to require an immediate

determination, either party may petition the Arbitrator to order a waiver of

the adjustment and arbitration provisions referred to above and institute an

immediate arbitration of dispute. Such requests shall be asserted by notice,

in writing, given to the other party with a copy to be sent simultaneously to

the American Arbitration Association.

(2) The American Arbitration Association shall designate an Arbitrator who

shall be immediately available to determine whether the dispute necessitates

an immediate decision. In the event the Arbitrator decides the dispute does

not require immediate disposition, the matter shall be set down for hearing in

the ordinary course on a timely basis.

(3) If the Arbitrator determines that the dispute requires immediate

disposition, the matter shall be submitted to arbitration within the appropriate

time limits set forth by the Arbitrator, and an award shall be issued on an

expedited basis.

(4) The award of the Arbitrator shall be in writing and may be issued with or

without opinion. If any party desires an opinion, one shall be issued, but its

issuance shall not delay compliance with enforcement of the award.

(5) The failure of any party to attend the arbitration hearing as scheduled

and noticed by the American Arbitration Association, shall not delay said

arbitration and the Arbitrator is authorized to proceed to take evidence and

issue an award as though such party were present.

14.4 No Strike or Lock Out

(a) The Union agrees that it will not cause or permit its members to

cause strikes of any kind, stoppages, or any other interference with any of

the operations of the Company during the term of this Agreement, as long

as the Company abides by the procedure prescribed for the settlement of

disputes and differences and the decisions of the Arbitrator as provided in

this Agreement. The Company agrees that there shall be no lockout during

the term of this Agreement, so long as the Union abides by the procedure

prescribed for the settlement of disputes and differences and the decisions

of the Arbitrator as provided in this Agreement.

(b) In the event of an alleged violation of this Section 4, either the

Company or the Union shall have the right to waive the normal adjustment

and arbitration provisions referred to in Article 14 and submit, for immediate

arbitration, the alleged violation of this Section pursuant to Section 3(b).

Such dispute shall be submitted to arbitration within twenty-four (24) hours

after receipt of notice by the American Arbitration Association and an award

issued not later than twelve (12) hours after the conclusion of the hearing.

ARTICLE 15.

COMPLETE AGREEMENT

15.1 The parties hereto expressly agree that during the lifetime of this

Agreement there shall be no demands for collective bargaining negotiations

as to any matter or issue not covered by the provisions of this Agreement,

or for the renegotiation of any of the provisions of this Agreement, except as

elsewhere provided in this Agreement.

15.2 The parties agree that this Contract is the sole and complete

Agreement between them and that any other previous understanding or

Agreements, oral or written, inconsistent with the provisions of this Agreement

are superseded and are of no effect during the term of this Agreement.

ARTICLE 16.

COURT APPEARANCES AND

COMPENSATION HEARING

16.1 The Company shall reimburse employees for time lost due to

court appearances or other appearances, in the Company’s interest, in

accordance with past practice. The Company shall reimburse employees

for time lost attending hearings of the Worker Compensation Board, when

such hearing results from formal notice of hearing at which the employee is

directed to be present. Evidence of such notice must be submitted by the

employee to the Company in advance of request for time off. The Company

will not reimburse employee for attendance at hearings which result from

employee’s application for consideration of appeal.

16.2 In the event an employee is involved in a vehicular accident during

Working hours, the Company shall maintain its present practice with regard

to providing legal counsel and/or bond in appropriate cases.

16.3 In the event an employee is required to appear in night court in the

Company’s interest, he shall be paid straight time for the hours spent in court

and for time spent in travel.

16.4 The Employer agrees to cooperate towards the prompt settlement

of employee on-the-job injury claims when claims are due and owing as

required by law.

ARTICLE 17.

JURY DUTY

When a regular employee is called for jury service, he shall be excused

from his regular duties on the days he is required to appear in court. For any

regular scheduled work day in which time off for jury service is granted, the

employee shall be paid a full eight (8) hours’ pay at his straight time hourly

rate, less any amount received as a jury duty fee. The employee will be

required, however, to turn over to the Company adequate proof of his jury

duty service and compensation, in order to receive the compensation above

provided.

ARTICLE 18.

INSPECTION OF RECORDS

Union ofcials and Shop Stewards shall be allowed to examine such

portion of the Company’s operating reports and other payroll records, as well

as employee’s center personnel le, as are pertinent to any grievance arising

under the Contract. Such examination can be made only after request to the

Center Manager and in his presence.

ARTICLE 19.

MILITARY CLAUSE

19.1 The Company agrees to grant military leave of absence to

seniority employees who leave its employ to enter the Armed Services in

accordance with the provisions of the Uniformed Services Employment and

Reemployment Rights Act (USERRA) and any amendments thereto.

19.2 Upon conrmation of entrance into the Armed Services, a seniority

employee will be granted the next annual vacation pay to which he would

have been entitled had he/she not entered the service, together with any

earned vacation not yet taken.

19.3 Employees ordered to spend time with the Reserves or National

Guard units cannot be forced to take vacations for this period.

ARTICLE 20.

HARDSHIPS

It is agreed and understood that all Automotive Mechanics are required

to have a periodic D.O.T. physical. It is also understood that Maintenance

Mechanics who are required to cross a state line with a UPS vehicle are

required to take a D.O.T. physical.

The Company agrees to make reasonable accommodations by placing

Bargaining Unit employees in those cases that are considered hardships in

other jobs, which the employee is qualied to perform. The Union and the

Company mutually agree that these jobs will be assigned to worthy cases on

the basis of seniority, provided the person is physically capable of performing

such work.

ARTICLE 21

PAY FOR DEATH IN FAMILY

21.1 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, not to exceed four (4) scheduled workdays. These days shall not

extend beyond the day of the funeral unless an additional day is required for

travel, except as noted below. 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 work week is ve (5) days,

and ten (10) times the straight time hourly rate for those employees whose

regular scheduled work week is four (4) days.

21.2 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.

21.3 Members of the employee’s family means spouse, child, father,

mother, brother, sister, grandparents, mother-in-law and father-in-law. Part

time employees will enjoy the same.

ARTICLE 22.

MEDICAL ARRANGEMENTS

22.1 In accordance with Workers Compensation Laws of the State of New

Jersey, the following shall be the Company policy with respect to physical

examinations:

(a) At the discretion of the Medical Director, employees out on

compensation injuries may be requested to visit the Medical Department for

examination. If unable to travel, arrangements will be made for visits to his

home by a staff doctor.

(b) Arrangements for examination of injured employees who have since

returned to work will be made at the discretion of the Medical Director where

deemed necessary, as follows:

(1) Employees will be asked voluntarily to visit the Medical Department

at a convenient time for proper examinations or,

(2) If unable or unwilling to visit the Medical Department, arrangements

will be made for examination locally by a staff doctor of the Company’s

choosing, either at the employee’s home, place of business, the

Company doctor’s ofce, or in his own doctor’s ofce.

(3) Appointments to visit specialists or other doctors will be made by

the Medical Department or insurance carrier at the convenience of the

employee and doctor concerned without regard to day off schedule.

22.2 When a medical leave of absence is requested, the Company may

request appropriate medical evidence. This will usually be satised by the

submission by an employee of his personal doctor’s report. The Company

may, however, have the employee examined by the Company doctor. If the

Company doctor does not agree with the report rendered by the employee’s

personal doctor, the two doctors involved will select an impartial third doctor

to render a report. If the two doctors cannot agree upon the selection of a

third doctor, the Union and the Company shall select the third doctor either

through the Arbitrator or by request to the New Jersey State Medical Society.

22.3 An employee who seeks to return to work after a medical leave of

absence (including a leave of absence covered by a chronic or recurrent

condition) may be required by the Company to submit a doctor’s report. The

Company may also require the employee to submit to an examination by

the Company doctor. If the Company doctor and the employee’s doctor do

not agree, the procedure set forth in the preceding paragraph regarding the

utilization of an impartial third doctor shall be followed.

22.4 The Company will designate local doctors for employees working in

the following centers:

Bound Brook Lakewood Parsippany

Chester Lyndhurst Saddle Brook

Cranbury Meadowlands Spring Valley

Edison Mount Olive Staten Island

Gould Ave New Windsor Tinton Falls

Trenton

In the event the Company, pursuant to this Article, required employees

working in these centers to submit to an examination by a Company doctor

(except in compensation cases) the employee will be sent to such local

doctors.

ARTICLE 23.

POSTING OF NOTICES

The Company agrees to the posting within its business premises of

notices of Union meetings, etc., by an elected or appointed Ofcial of the

Local Union and on ofcial Union letterhead.

ARTICLE 24.

STEWARDS

24.1 The Company recognizes the right of the Union to designate the

necessary number of Shop Stewards needed to handle such Union affairs as

may from time to time be delegated to him/her by the Union.

24.2 No Steward shall have the authority to call a strike, cause a slowdown

or take any other action which would interrupt the Company’s business,

except as such action may be authorized by the Union. The Company

recognizes this limitation upon the authority of the Steward.

24.3 Shop Stewards shall be paid by the Company for reasonable time

spent in the processing of grievances.

24.4 It is the policy of the Company and the Union that grievances be

handled with the participation of the regular Steward. The Company agrees

to cooperate with the Union in establishing procedures to assure that the

regular Steward is available for the processing of grievances. The Union

agrees that such procedures shall not hamper the Company’s operation.

The Company shall, in the absence of the regular Steward, recognize an

Alternate Steward designated by the Union.

24.5 Shop Stewards and Union Ofcials shall be afforded super seniority

with respect to terms and conditions of employment for layoff and recall

purposes, and in other situations that assure the Union Ofcials and

Stewards greater accessibility to co-workers to genuinely assist them to

perform their functions as a Steward or Union Ofcial which will be to the

benet of co-workers.

ARTICLE 25.

MAINTENANCE OF STANDARDS

25.1 The Company agrees not to enter into any agreement or contract

with his employees, individually or collectively, which conicts with the terms

and provisions of this Agreement. Any such agreement will be null and void.

25.2 Where new types of equipment for which rates of pay are not

established by this Agreement are put into use, rates governing such

operations shall be subject to negotiations between parties and, upon the

failure to agree, to arbitration under the provisions of the Agreement.

25.3 The employer agrees that all conditions of employment relating to

wages, hours of work, overtime differential, and general working conditions,

as negotiated or agreed upon, shall be maintained at not less than the

highest standards in effect at the time of the signing of this Agreement and

the conditions of employment shall be improved wherever specic provisions

for improvements are made elsewhere in this Agreement.

It is agreed that the provisions of this Section shall not apply to inadvertent

or bona de errors made by the Employer or the Union in applying the terms

and conditions of this Agreement.

ARTICLE 26.

PROCTECTION OF RIGHTS

It is agreed that under the specic circumstances set forth herein, the

following conduct shall not be considered a violation of Article 14 of this

Agreement:

26.1 The Union will not set up an organized picket line at the place of

business of any store which the Company serves. It will, however, not be

required to pass any picket line set up by it at the place of business of any

of the stores which the Company serves if such picket lines are: (1) set

up either after the Union has been duly certied by the appropriate Labor

Relations Board as the exclusive bargaining representative of employees of

such stores, or (2) if the Union has called and is engaged in an actual bona

de strike against such store and such strike has been approved by the

Teamsters Joint Council in that area.

26.2 The Union will not recognize, and will direct its members to pass, any

organizational picket line established at the place of business of any store

which the Company serves established by another Union. This provision

shall not apply in cases where the Teamsters Joint Council in the appropriate

area has determined that the matter is a proper one for support and other

Teamster Unions regularly delivering to the department stores are taking

similar action.

26.3 The Union may honor or observe a picket line established at the place

of business of any store which the Company serves: (1) where such picket

line is established by a Union which has been duly certied as collective

bargaining representative of the employees of such store by the appropriate

Labor Relations Board, or (2) in the absence of such certication, a Union

is engaged in an actual bona de strike, provided that the Teamsters Joint

Council in the appropriate area has determined that the matter is a proper

one for support and other Teamster Unions regularly delivering to such store

are recognizing the picket line.

26.4 The Union will not recognize a picket line established at any of the

Company’s facilities except where: (1) such picket line is established by a

Union which has been duly certied as collective bargaining representative

of the employees involved, or (2) in the absence of certication a Union

is engaged in an actual bona de strike provided that the Teamsters Joint

Council in the appropriate area has determined that the matter is a proper

one for support.

ARTICLE 27.

SEPARABILITY AND SAVINGS

27.1 If any Article or Section of this Agreement should be held invalid by

operation of law or by an tribunal of competent jurisdiction, or if compliance

with, or enforcement of, any Articles or Sections should be restrained by

such tribunal, pending a nal determination as to its validity, the remainder of

this Agreement and of any Rider thereto, or the application of such Articles

or Sections to persons or circumstances other than those which it has been

held invalid or as to which compliance with or enforcement of has been

restrained, shall not be affected thereby.

27.2 In the event that any Articles or Sections held invalid, or enforcement

thereof or compliance therewith has been restrained, as set forth, the

parties affected thereby shall enter into immediate collective bargaining

negotiations upon the request of either party, for the purpose of arriving at

a mutually satisfactory replacement for such Articles or Sections during the

period of invalidity or restraint. In the event the parties are unable to agree

on a replacement clause, such dispute shall be subject to the arbitration

provisions of this Agreement. It is agreed, however, that the dispute shall

not be considered by either party as a waiver of Article 14, Section 4 (a) of

this Agreement.

ARTICLE 28.

TRANSFER OF COMPANY TITLE OR INTEREST

This Agreement shall be binding upon the parties hereto and any assign

or successor of the Company.

ARTICLE 29.

UNIFORMS

29.1 The Company agrees that if any covered employee is required to

wear any kind of uniform as a condition of his continued employment, such

uniform shall be furnished and maintained by the Company, free of charge.

29.2 Rain gear shall be available to all covered employees performing

outside duties.

29.3 The Company will supply work gloves to all Mechanics.

ARTICLE 30.

APPRENTICES

30.1 The Company shall have the right to employ one (1) Apprentice for

each ve (5) Journeymen Mechanics employed by the Company. Apprentices

may be employed at any point other than the Main Shop where two (2) or

more Journeymen Mechanics are employed. The Apprentice program shall

not last longer than twenty-four (24) months.

30.2 An Apprentice shall start at sixty per cent (60%) of the Journeymen’s

rate per hour and shall be increased ten per cent (10%) per hour at the end

of each 1,000 hours worked.

30.3 The Company shall offer the Apprentice all necessary training in

accordance with Article 35.

30.4 Within the 24-month apprentice program the Apprentice will

be required to pass the Journeymen’s written test. Upon passing the

Journeymen’s written test the Apprentice will receive the rate established for

Journeymen Mechanics.

30.5 Apprentices who are promoted to Journeymen Mechanics shall be

dovetailed on the appropriate seniority list.

ARTICLE 31.

LIE DETECTOR TEST

The Company shall not require an employee to take a polygraph or other

form of lie detector test.

ARTICLE 32.

SUBCONTRACTING

The Employer may not subcontract work in any classication for the

purpose of avoiding overtime. Where it is possible, the bargaining unit

employees will do the work rather than subcontract, as provided below:

1. Where trained personnel are available.

2. Where the Company has the necessary equipment.

3. The Company shall maintain the right to subcontract, according to past

practice.

4. The Company will meet with the Local Union Ofcials no less than two

weeks in advance of scheduling subcontracting.

5. There shall be no layoff of any bargaining unit employee as a result of

subcontracting.

6. In the event the Union challenges any subcontracting of work covered

by the Agreement, the burden will be on the Company to show that

the decision to subcontract that work was a reasonable exercise of its

discretion based on the criteria of expedition or economy (economy is

not restricted to direct labor costs) in that order.

7. The Employer agrees to exercise good business judgment prior to the

decision to subcontract.

8. Preventative maintenance inspection of conveyor equipment, to include

oil, lube and electrical inspection, will not be subcontracted unless

mutually agreed upon. The electrical inspection is that portion from

conveyor to panel box provided the employee is qualied to perform

the inspection. The electrical inspection does not include inspection

mandated by law to be performed by Licensed Electrician.

9. The repair of rented or leased automotive equipment will not be

performed on UPS property by subcontractor except during the

period from Thanksgiving Day through Christmas Day, provided this

equipment would interfere with or cause the Company to fail in its

service commitments.

10. The Company will not cover Maintenance Journeymen vacations with

subcontractors unless mutually agreed upon.

ARTICLE 33.

SUPERVISORS WORKING

The work of supervisors will not include assignments to work normally

performed by Union members, except for the purpose of training.

ARTICLE 34.

COST-OF-LIVING

The cost-of-living allowance shall be paid per Article 33 of the National

Master United Parcel Service Agreement.

ARTICLE 35.

TRAINING PROGRAM

35.1 The Company shall maintain a Training Program to assure its

employees are knowledgeable in and properly equipped for the maintenance

and repair of new and unfamiliar equipment and retraining on our present

equipment.

(a) The Company Training Program will be established, from time to time,

as the need occurs. Time spent in Company authorized Training Program

will be paid time, unless otherwise mutually agreed by Employer and Union.

(b) Employees who attend company authorized classroom training

programs outside of their bid hours will be paid at their straight time rate of

pay up to eight (8) hours after which normal overtime provisions will apply.

the Company.

35.2 All training or certications will be given in seniority order, taking

into consideration the shift each employee is assigned to. This will be

accomplished in the following manner:

(a) Employees may sign an intent list for training that the Company is

offering specic to their job assignments.

(b) Employees who attend outside training classes may on a voluntary

basis agree to assist in the training of other employees on their shift. It is

understood that if an employee volunteers to come off his/her bid hours to

provide training to other employees, or if the trainee is taken off his/her hours

to be trained, the employee who is working off his/her scheduled bid hours

will be paid in accordance with Article 4 of this agreement. In addition,

Employees who provide training or assist in the training of other employees

will be paid one dollar ($1.00) per hour for the entire day above the rate in the

classication in which they work.

employees who normally work on that specic type of equipment that did not

have the opportunity to attend the training sessions at the completion of that

program. The training of these remaining employees will be provided within

six (6) months of the completion of each particular training program.

(d) The Company and the Union will meet on a quarterly basis. The

purpose of these meetings will be to discuss the implementation of any and

all training that the Company is planning for the next quarter.

ARTICLE 36.

TOOL INSURANCE

36.1 In the event an employee’s tools are stolen from his/her locked tool

box at the Company’s place of business, or from his/her lockable locked

vehicle when he/she is out on the road on the Company’s business, and

forcible entry is in evidence, and a police report is led, the Company will

replace the tools with tools of equal quality for the employee, provided,

however, that the employee, to qualify for the above must have furnished

the Company with an itemized tool list. However, if the reported theft should

occur while the employee has stopped to transact personal business, the

Company shall have no obligation.

36.2 Employees who cooperate with periodic updates of tool lists,

conducted in their presence, in order to keep the list of registered tools current,

not to exceed one update per year, shall qualify for the above.

ARTICLE 37.

DURATION OF AGREEMENT

This Agreement shall remain in full force and effect until July 31, 2023,

and shall automatically renew itself from year to year thereafter unless either

party noties the other, in writing, within sixty (60) days prior to the expiration,

of a desire to amend or terminate the same.

Robert Cherney Steve Radigan

President, IBT Local 177 UPS – North Atlantic District

Bill Heady Matt Loughlin

Business Agent, IBT Local 177 UPS –East Region Labor

Tony Alers Dave Bogaert

Trustee, IBT Local 177 UPS – North Atlantic District

Doug Connon Mike Sherry

Trustee, IBT Local 177 UPS – North Atlantic District

Kathy Deady

UPS – North Atlantic District

Chris McMiller

UPS – North Atlantic District

Angelo Angieri

UPS – North Atlantic District

Dave Van Hook

UPS – North Atlantic District

Memorandum of Agreement

It has been agreed between the parties that in Articles of this collective

bargaining agreement where the words Edison or Central or Central Jersey

are used to dene a District the parties agree to substitute “Metro Edison” as

an identier of that unit or district. Substitution of the words “Metro Edison”

for the words Central or Edison or Central Jersey is not intended to alter the

meaning of this Agreement.

Description of the Central or Edison or Central Jersey District as the

“Metro Edison” district does not alter any contractual language or established

practice with respect to the grouping of Company facilities into three separate

units or Districts.

The former Edison or Central or Central Jersey District will continue to

be recognized as an independent unit or District for the purposes of this

Agreement.

The words Meadowlands, Parsippany and Edison can continue to be used

as a means to identify the main shops and buildings.

Robert Cherney Salvatore Messina

Recording Secretary, IBT Local 177 UPS – Metro Jersey District

Al Betts Michael Farrand

Business Agent, IBT Local 177 UPS – North Jersey District

Matthew Loughlin

UPS – Metro Jersey District

Memorandum of Agreement

As we’ve previously discussed, we have no plans to operate a “UPS Truck

Leasing” in New Jersey during the life of the new agreement.

However, in the unlikely event that we do, please rest assured that

no mechanic covered by the New Jersey Maintenance and Mechanics

Agreement will be laid off as a direct result of this move.

Bob Jackson Howard Kahn

United Parcel Service Local 177

Metro Jersey District Recording Secretary

Jim Kilkenny Theodore Hermans

United Parcel Service Local 177

Central Jersey District President

Memorandum of Agreement

This memorandum will serve to clarify the intent of the parties with respect

to the newly negotiated Handyman classication in the Mechanics Contract

between UPS and IBT Local 177.

The creation of the Handyman classication is not intended to be used

to replace the Journeymen classication on any shift but rather to perform

non-skilled, non-technical work. Handyman shall not be assigned to work

alongside a Journeymen on a repair that in the past (prior to Handyman

classication) required two (2) or more Journeymen.

Furthermore, a Handyman will not be used in any repair that involves a

Journeyman, including but not limited to set-up and clean-up of said repair.

The Company and the Union will meet on a Quarterly basis or as needed.

The purpose of these meetings will be to discuss the implementation of the

Handyman, to review the planned Handyman stafng and to resolve any

open issues in a timely manner

Robert Cherney Eric Bringe

Recording Secretary, IBT Local 177 UPS North Atlantic District

Memorandum of Agreement

For the life of the 2018-2023 Mechanics and Maintenance Collective

Bargaining Agreement, United Parcel Service has agreed to offer the

Automotive Mechanics covered under the Local 177 supplemental

agreement the opportunity to enter into a Company sponsored training

program to obtain a CDL license.

Automotive Journeymen, Apprentice and Helper Mechanics who are

interested in obtaining a CDL shall notify the Company. Such employees, in

seniority order, will be permitted to attend on their own time, the Company

sponsored training program to obtain a CDL. The Company will provide all

necessary instructors, training and equipment to qualify for the CDL license.

Employees who do not complete the driving school sponsored by the

Company and conducted by outside vendors or fail to pass the state road

test licensing requirement after a maximum of three (3) attempts per driving

school attended will be responsible to reimburse the Company for the

full amount paid to the vendor that provided the training. The employee

will have the option to make full reimbursement within one week of their

disqualication or pay one hundred dollars ($100.00) per week until the

reimbursement is complete.

It is understood that hardships may exist, and in such cases will be

reviewed by both the Company and the Union. If it is agreed a hardship

exists, no reimbursement will be required. Any decision pertaining to

hardships must be mutually agreed to by the Company and the Union.

The employees’ responsibility for reimbursement will be limited to training

provided by outside vendors hired by the Company to provide training.

Any dispute involving the application of this Agreement shall be

submitted to the representatives of the Union and the Company for mutual

agreement.

Robert Cherney Steve Radigan

President, IBT Local 177 UPS –North Atlantic District

United Parcel Service

493 County Avenue, Secaucus, NJ 07094

(201) 864-1200

November 19, 1993

Mr. Howie Kahn

IBT Local 177

282 Hillside Avenue

Hillside, NJ 07205

Dear Howie:

This letter will serve to clarify our intent with respect to several

provisions of the newly negotiated Mechanics Contract between UPS

and IBT Local 177.

It is not the intent of United Parcel Service in negotiating the helper

classication to replace the journeyman classication on the rst shift

with the helper classication. Nor is it the intent of UPS to assign to

helpers their own assigned eet or vehicles to exclusively perform all

work necessary on those eets or vehicles.

The journeyman mechanics and the helpers working in the

Meadowlands facility shall pick their vacation as per past practice.

In all other buildings a helper shall pick their vacation on the same

vacation list as the journeyman mechanics (see article 3.7j).

In reference to Article 11.6H, the gateway is considered to be Newark

Airport.

Sincerely,

Tony Moschella

UNITED PARCEL SERVICE

Metro Jersey District

Labor Relations Manager

TM:mm