Common use of MANAGEMENT EMPLOYEE RELATIONS Clause in Contracts

MANAGEMENT EMPLOYEE RELATIONS. (a) The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any grievance alleging retaliation for exercising his rights under the Agreement, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect. The following language is applicable to grievances arising from Article 37 Section 1(a) which allege intimidation, harassment, coercion or over supervision: 1. Grievances not resolved by the Local or Area grievance procedure shall be forwarded to the National Article 37 Grievance Committee. Such Committee shall be comprised of an equal number of Union and Employer representatives and a sitting arbitrator who shall decide the merits and penalty of each case in the event of a deadlock by the Committee. Cases will be presented and decided in accordance with Article 8 and the National Grievance Committee Rules of Procedure. 2. The Article 37 Committee shall be empowered to provide a monetary penalty for each proven violation of this Section up to a maximum penalty of three (3) times the employee’s daily guarantee depending on the severity of the offense. 3. Any individual member of management deemed by the Committee to have committed two (2) or more violations of this Section within a two (2) year period shall be required to appear in person before the Committee for any subsequent grievance(s). Failure of the management person to appear, absent a legitimate excuse, shall result in a negative inference. (b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the understanding that such package car driver will complete his/her assignment, and subject to the provisions below. An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub- section. If a request is denied on the above referenced form, the employee shall receive a two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based on the criteria set forth in this sub-section. This two

MANAGEMENT EMPLOYEE RELATIONS. (a) The parties agree that the principle of a fair day’s 's work for a fair day’s 's pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer’s 's interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any grievance alleging retaliation for exercising his rights under the Agreement, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect. The following language is applicable to grievances arising from Article 37 Section 1(a) which allege intimidation, harassment, coercion or over supervision: 1. Grievances not resolved by the Local or Area grievance procedure shall be forwarded to the National Article 37 Grievance Committee. Such Committee shall be comprised of an equal number of Union and Employer representatives and a sitting arbitrator who shall decide the merits and penalty of each case in the event of a deadlock by the Committee. Cases will be presented and decided in accordance with Article 8 and the National Grievance Committee Rules of Procedure. 2. The Article 37 Committee shall be empowered to provide a monetary penalty for each proven violation of this Section up to a maximum penalty of three (3) times the employee’s daily guarantee depending on the severity of the offense. 3. Any individual member of management deemed by the Committee to have committed two (2) or more violations of this Section within a two (2) year period shall be required to appear in person before the Committee for any subsequent grievance(s). Failure of the management person to appear, absent a legitimate excuse, shall result in a negative inference. (b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the understanding that such package car driver will complete his/her assignment, and subject to the provisions below. An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub- sub-section. If a request is denied on the above referenced form, the employee shall receive a two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based on the criteria set forth in this sub-section. This twotwo (2) hour payment shall also apply if the Employer approves the request and later informs the employee he/she cannot be relieved of overtime, provided the request continues to meet the criteria set forth in this sub-section. In addition, if an employee’s request is granted but the Employer fails to adjust the driver’s dispatch so as to provide an amount of work that can reasonably be completed within eight (8) hours which then causes the driver to work in excess of eight and one-half (8.5) hours to complete his/her route, the driver shall be entitled to a two (2) hour penalty payment at his/her straight time rate. No penalty shall be due if the employee exceeds the eight and one-half (8.5) hour threshold as a result of events beyond the Employer’s control. The Center Manager and the Xxxxxxx shall process such requests based on seniority. The Employer shall allow a minimum of ten percent (10%) of the package car drivers worked in any Center off on a daily basis. No package car driver will be granted more than two (2) requests per month. It is understood that to accomplish the above the Employer may need to provide an earlier start time. It is further understood that the Employer is not obligated to let more than one (I) driver in a loop off at one time. This subsection applies regardless of whether the driver has opted in or out pursuant to the provisions of subsection (c) below. Such requests shall not be submitted during the months of November and December. (c) The Employer shall make a reasonable effort to reduce package car drivers' workdays below nine and one half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, (i.e the package driver has worked more than 9.5 hours on three (3) days in a workweek), the following language shall apply, except in the months of November and December: The affected regular package driver may make such a request to be added to the “9.5 Opt-In List” effective on the first day of his/her workweek after making the request. The driver shall notify the manager and xxxxxxx of his/her desire to be added to the List. The request must be made within the time limit for filing a grievance in the applicable Supplement, Rider or Addendum. Once the driver has signed the List, he/she shall remain on the list for five (5) months, except for the period of time specified in the prior paragraph. Such requests may only be made for the five (5) month periods beginning on each January 1 and June 1 of each year. No later than thirty (30) days prior to each January 1st and June 1st, each package center will post a “9.5 opt- in/opt-out list” for the applicable five (5) month period. Each full-time seniority driver in the center must make an election to opt-in or opt-out of the 9.5 language in this subsection no later than ten (10) days prior to the applicable five (5) month period. Those full-time drivers who choose to opt-out of the 9.5 language in this subsection will have no right to file a grievance alleging excessive overtime either under this subsection or under an excessive overtime provision in the Supplement, Rider or Addendum. Employees within the full-time driver classification shall be eligible for the protection of this Section provided: (1) the employee covers a route for a full week; (2) the employee bids or is assigned to cover a route for a full week but is prevented from completing that bid or assignment due to reassignment by the Employer; or (3) an employee with four (4) years of seniority as a full-time package driver. Drivers who choose to opt-in on the 9.5 list shall have the right to file a grievance if the Employer has continually worked a driver more than nine and one half (9.5) hours per day for any three (3) days in a workweek. The Company will not assign excessive overtime on the two (2) remaining days within the If a driver is paid a penalty under this subsection more than three (3) times in a single five (5) month opt-in period, then the District Labor Manager and Business Agent will meet with the Center Manager, the xxxxxxx and the driver to ensure future compliance under this subsection. If any further penalty is paid on this employee during the five (5) month period, a meeting shall be scheduled with the above parties and the Co-Chairs of the applicable Supplemental panel to determine what actions are necessary to ensure compliance.

MANAGEMENT EMPLOYEE RELATIONS. (a) The parties agree that the principle of a fair day’s 's work for a fair day’s 's pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer’s 's interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any grievance alleging retaliation for exercising his rights under the Agreement, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect. The following language is applicable to grievances arising from Article 37 Section 1(a) which allege intimidation, harassment, coercion or over supervision: 1. Grievances not resolved by the Local or Area grievance procedure shall be forwarded to the National Article 37 Grievance Committee. Such Committee shall be comprised of an equal number of Union and Employer representatives and a sitting arbitrator who shall decide the merits and penalty of each case in the event of a deadlock by the Committee. Cases will be presented and decided in accordance with Article 8 and the National Grievance Committee Rules of Procedure. 2. The Article 37 Committee shall be empowered to provide a monetary penalty for each proven violation of this Section up to a maximum penalty of three (3) times the employee’s daily guarantee depending on the severity of the offense. 3. Any individual member of management deemed by the Committee to have committed two (2) or more violations of this Section within a two (2) year period shall be required to appear in person before the Committee for any subsequent grievance(s). Failure of the management person to appear, absent a legitimate excuse, shall result in a negative inference. (b) It is the policy of the Employer to cooperate with a package car driver who desires to be relieved of overtime, subject to the understanding that such package car driver will complete his/her assignment, and subject to the provisions below. Any package car driver who desires to be relieved from overtime on a particular day or days shall submit a request in writing at least twenty-four (24) hours in advance. An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employer. Such a request must be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requested. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub- sub-section. If a request is denied on the above referenced form, the employee shall receive a two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based on the criteria set forth in this sub-section. This twotwo (2) hour payment shall also apply if the Employer approves the request and later informs the employee he/she cannot be relieved of overtime, provided the request continues to meet the criteria set forth in this sub-section. In addition, if an employee’s request is granted but the Employer fails to adjust the driver’s dispatch so as to provide an amount of work that can reasonably be completed within eight (8) hours which then causes the driver to work in excess of eight and one-half (8.5) hours to complete his/her route, the driver shall be entitled to a two (2) hour penalty payment at his/her straight time rate. No penalty shall be due if the employee exceeds the eight and one-half (8.5) hour threshold as a result of events beyond the Employer’s control. The Center Manager and the Xxxxxxx shall process such requests based on seniority. The Employer shall allow a minimum of ten percent (10%) of the package car drivers worked in any Center off on a daily basis. No package car driver will be granted more than two (2) requests per month. It is understood that to accomplish the above the Employer may need to provide an earlier start time. It is further understood that the Employer is not obligated to let more than one (1) driver in a loop off at one time. This subsection applies regardless of whether the driver has opted in or out pursuant to the provisions of subsection c below. Such requests shall not be submitted during the months of November and December. (c) The Employer shall make a reasonable effort to reduce package car drivers’ workdays below nine and one-half (9.5) hours per day where requested. If a review indicates that progress is not being made in the reduction of assigned hours of work, the following language shall apply, except in the months of November and December: Such requests may only be made for the five (5) month periods beginning on each January 1 and June 1 of each year. No later than thirty (30) days prior to each January 1st and June 1st, each package center will post a “9.5 opt-in/opt-out list” for the applicable five (5) month period. Each full-time seniority driver in the center must make an election to opt-in or opt-out of the 9.5 language in this subsection no later than ten (10) days prior to the applicable five (5) month period. Those full-time drivers who choose to opt-out of the 9.5 language in this subsection will have no right to file a grievance alleging excessive overtime either under this subsection or under an excessive overtime provision in the Supplement, Rider, or Addendum.

MANAGEMENT EMPLOYEE RELATIONS. (a) SECTION 1 The parties agree that the principle of a fair day’s 's work for a fair day’s 's pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer’s 's interest. The Employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her their duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any grievance alleging retaliation for exercising his their rights under the Agreement, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect. The following language is applicable to grievances arising from Article 37 Section 1(a) which allege intimidation, harassment, coercion or over supervision: 1. Grievances not resolved by the Local or Area grievance procedure shall be forwarded to the National Article 37 Grievance Committee. Such Committee shall be comprised compromised of an equal number of on Union and Employer representatives and a sitting arbitrator who shall decide the merits and penalty of each case in the event of a deadlock by the Committee. Cases will be presented and decided in accordance with Article 8 and the National Nation Grievance Committee Rules of Procedure. 2. The Article 37 Committee shall be empowered to provide a monetary penalty for each proven violation of this Section up to a maximum penalty of three (3) five (5) times the employee’s daily guarantee depending on the severity of the offense. 3. Any individual member of management deemed by the Committee to have committed two (2) or more violations of this Section within a two (2) year period shall be required to appear in person before the Committee for any subsequent grievance(s). Failure of the management person to appear, absent a legitimate excuse, shall result in a negative inference. SECTION 2 Not more than one (b1) It is the policy member of the Employer to cooperate management will ride with a package car driver who desires to be relieved at any time except for the purpose of overtime, subject to the understanding that such package car training management personnel. No driver will complete his/her assignment, and subject to be scheduled for more than one (1) day's ride per year with more than one (1) member of management on the provisions below. An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employercar. Such a request must day will not be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requestedused for disciplinary purposes. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub- section. If a request is denied on the above referenced form, the employee shall receive a The sole reason for two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based management employees on the criteria set forth car is for supervisory training. If a supervisor assists a driver during an O.J.S., that day will not be used in determining a fair day's work. The Employer will give no less than twenty-four (24) hours notice to a seniority driver prior to any ride, except in cases of post-accident/injury rides. Such notification will include the reason for the ride. The results of any ride will be reviewed with the employee and xxxxxxx. A copy of the documentation related to the ride shall be provided to the employee and xxxxxxx upon request. The 24 hour notice may be waived by mutual agreement. During scheduled safety training for feeder drivers the supervisor will only drive for demonstration purposes and this sub-section. This twowill not exceed one (1) three (3) hours per workday. SECTION 3 (No change) (No change)

MANAGEMENT EMPLOYEE RELATIONS. (a) SECTION 1 The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall perform per- form their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, coerce co- erce or overly supervise any employee in the performance of his or her their duties. The Employer shall not retaliate against employees for exercising ex- ercising rights under this Agreement. In considering any grievance alleging retaliation for exercising his their rights under the Agreement, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant rel- evant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect. The following language is applicable to grievances arising from Article 37 Section 1(a) which allege intimidation, harassment, coercion co- ercion or over supervision: 1. Grievances not resolved by the Local or Area grievance procedure shall be forwarded to the National Article 37 Grievance CommitteeCommit- tee. Such Committee shall be comprised compromised of an equal number of on Union and Employer representatives and a sitting arbitrator who shall decide the merits and penalty of each case in the event of a deadlock by the Committee. Cases will be presented and decided in accordance with Article 8 and the National Grievance Committee Rules of Procedure. 2. The Article 37 Committee shall be empowered to provide a monetary mone- tary penalty for each proven violation of this Section up to a maximum maxi- mum penalty of three five (35) times the employee’s daily guarantee depending de- pending on the severity of the offense. 3. Any individual member of management deemed by the Committee to have committed two (2) or more violations of this Section within with- in a two (2) year period shall be required to appear in person before the Committee for any subsequent grievance(s). Failure of the management man- agement person to appear, absent a legitimate excuse, shall result in a negative inference. SECTION 2 Not more than one (b1) It is the policy member of the Employer to cooperate management will ride with a package car driver who desires to be relieved at any time except for the purpose of overtime, subject to the understanding that such package car training management personnel. No driver will complete his/her assignment, and subject to be scheduled for more than one (1) day’s ride per year with more than one (1) member of management on the provisions below. An employee who desires to be relieved from overtime on a particular day must make a written request on a form furnished by the Employercar. Such a request must day will not be submitted no later than the start of his/her shift on the fifth (5th) calendar day preceding the day being requestedused for disciplinary purposes. A signed copy of the request form stating approval or disapproval shall be returned to the employee by the end of the employee’s next working day. Such request shall be granted or denied in accordance with the terms of this sub- section. If a request is denied on the above referenced form, the employee shall receive a The sole reason for two (2) hour penalty payment at his/her straight time rate if the request should have been granted at this time based management employees on the criteria set forth car is for super- visory training. If a supervisor assists a driver during an O.J.S., that day will not be used in determining a fair day’s work. The Employer will give no less than twenty-four (24) hours notice to a seniority driver prior to any ride, except in cases of post-acci- dent/injury rides. Such notification will include the reason for the ride. The results of any ride will be reviewed with the employee and xxxxxxx. A copy of the documentation related to the ride shall be provided to the employee and xxxxxxx upon request. The 24 hour notice may be waived by mutual agreement. During scheduled safety training for feeder drivers the supervisor will only drive for demonstration purposes and this sub-sectionwill not exceed three (3) hours per workday. SECTION 3 Any alleged violation of this Article shall be subject to the applica- ble grievance procedure. This twoWhere an employee has submitted a grievance regarding an excessive number of rides, no member of management shall ride with that employee unless and until the local level hearing is concluded provided such hearing is held within five