ADA information on this site

Discussion in 'UPS Discussions' started by dannyboy, Jun 5, 2008.

  1. dannyboy

    dannyboy From the promised LAND

    There have been several times over the last few months where people have posted about getting injured, sick etc on the job, and the response is "well you are protected by the ADA in this matter". Well, yes and no.

    When you are injured on the job, most drivers think the hardest part of the whole process is getting away from work and getting the checks started. But what you dont realize is that the company can make it much harder on you to return to work, if that is what they want to do. By as much as 6-8 weeks or more if that is what they want to do.

    Also, when it comes to say a driver that ends up being diagnosed as being diabetic, the company has no obligation to you to provide a job. IF your dr's report does not state that the situation could resolve itself in time, the company does not even have to offer you an inside job.

    Basically, the ADA is nothing but a set of rules that the companies now know what the minimum is that they have to do. And they do not have to do one thing past that. As has been proven by several supreme court rullings on the matter.

    Case in point. We had a driver that ended up a diabetic. He not only lost the delivery job he had, but about 150 pounds as well. UPS allowed him to take two part time jobs that were back to back shifts, and allowed him to get the rest of his time needed to get to retirement (about 11 years)

    Today, that would not happen, because of the ADA laws on the books. They hurt the average working person as much as it helped, or maybe even more so.

    So just because you feel like you got screwed because of an injury or illness, you might feel that you are being violated under the ADA laws, but instead, UPS is following exactly the law in this case.

    BTW, Anyone know what the payoff is for a full time driver that looses both legs at UPS?

  2. JustTired

    JustTired free at last.......

    So, basically, what you are saying is that this is another law enacted by our government that was actually or most likely lobbied for by corporate America under the guise of concern for those with disabilities. Why doesn't that surprise me?
  3. Load Stand

    Load Stand Guest

    ADA was meant to protect those with serious disabilities that affect a major life function. Which I am all for. Unfortunately, slimy attorneys are trying to use this law to hold employers like UPS hostage and force them to defend themselves against frivilous lawsuits. In essence, another angle to sue someone for...make a new law, and empower claimant attorneys another angle to go after.

    ADA is not meant for someone with tennis elbow to try and milk the system for years! And usually most industrial injuries do not affect major life functions. Some of these diabetic issues are real issues though, and from what I have seen, UPS is trying to figure out ways for win-win solutions.
  4. dannyboy

    dannyboy From the promised LAND

    Used to be, but not any more. They used to work with drivers that had serious problems that kept them from driving, but now they are trying to get to the point where they limit liability.

    If you do have a sugar problem and are diagnosed by your doctor, make sure he puts on there that he thinks you can get it under control. If you dont, it is a job ending sentence.

  5. blue efficacy

    blue efficacy Active Member

    I was pretty sure I read in the contract that a driver who can no longer drive due to medical reasons can get two part time inside jobs.
  6. dannyboy

    dannyboy From the promised LAND

    That might be true in some cases where the driver is only expected to have said issue for a short period of time. But not for the remainder of his career at UPS.

    Might want to look at it again!

  7. trplnkl

    trplnkl 555

    I scanned the master agrement and didn't see an article on that, what section numbers and such is that listed under? Or is this covered in the supplement?
  8. blue efficacy

    blue efficacy Active Member

    I just looked and it's Article 20 of the national master.
  9. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    We have a cover driver who has diabetes and he is allowed to drive the smaller vehicles (vans) and work on the inside.
  10. Mike Hawk

    Mike Hawk New Member

    It says nothing about needing to have proof you can get better, where did you get your info danny?

    Section 4. Disqualified Driver – Alternative Work
    Except as provided for in Article 16, a driver who is judged medically unqualified to drive, but is
    considered physically fit and qualified to perform other inside jobs, will be afforded the opportunity to
    displace the least senior full-time or part-time inside employee at such work until he/she can return to
    his/her driving job unless otherwise provided for in the Supplements, Riders or Addenda. While
    performing the inside work, the driver will be paid the highest part-time rate as an employee with
    equivalent seniority or current area practice. If no full-time inside position is available, the Employer
    will meet with the Local Union to develop a full-time position, if possible out of available work.
    In addition to those already covered by this section, disqualified drivers who are actively pursuing
    a waiver or exemption with the DOT may work inside pursuant to this section if there is a
    reasonable expectation that his or her waiver/exemption will be granted.
  11. dannyboy

    dannyboy From the promised LAND

    Read that again and then ask your question. It says until he/she can return to the driving job. If you are not going back, this does not apply to you.

  12. ol'browneye

    ol'browneye Active Member

    We have a driver (actually 2 drivers this happened to) that had a brain tumor. Doctors successfully removed it and the guy is just fine. You would never know by talking to him that he went through this. But UPS refuses to let him drive anymore. They tried every excuse under the sun and the one they finally settled on is "You cannot drive if you are taking that medicine." UPS worked with the union and created a position working nights in the yard. He has since bid into a night clerk position. What he really wants is to get his driving job back. He has a lawyer and is still fighting it. DOT has even told him and his lawyer that there are other drivers out on the road taking the same medicine and he shouldn't have a problem driving commercial again but UPS still refuses. Now I know that maybe he should just be thankful that he still has a position with the company and will be able to retire in 4-5 years, but it just seems ironic that UPS doesn't want him to drive their vehicles, but he can drive his own vehicle 70+ miles to work. He used to be in my satelite ctr and only drive 30 miles to work.
  13. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Did the driver that bid in to the night clerk position lose any money (other than overtime) by doing so? I would think that if the pay and benefits remain the same (again, except for the overtime) and he only has 4-5 yrs left he should stay in this position and plan for his retirement. JMO.