Contract Language Definition...

Discussion in 'UPS Union Issues' started by Vette51, May 29, 2013.

  1. Vette51

    Vette51 New Member

    The change in language,what does it really mean ?

    (e) Unless otherwise prohibited by State or Federal law, an employee’s seniority shall bebroken when he/she has reached maximum medical improvement from an on or off the job
    injury or illness if at that time they still cannot perform the essential functions of their job. The Employer must give written notice to the employee and the Local Union if subsection
    _(e) is applied. This provision shall not affect an employee’s rights under Article 14.3 of the National Master UPS Agreement.

    Is this after 3 year Disability an clear language to let you go or is this anytime your deamed not 100% ??

    ----------------------------------------------------------
    (d)
    serious accidents pursuant to National Master Article 18, Section 3.gross negligence, resulting in a serious accident. A serious accident is defined as one in which there is a fatality, a
    bodily injury to a person who, as a result of the injury, receives immediate medical treatmentaway from the scene of the accident, or $4400.00 or more in damages;

    Does this give us more or less protection ??

    --------------------------------------------------
    (i) other serious offenses, the Company and the Union agree that there are offenses where an employee may be suspended in lieu of discharge.
    Within this subsection, when issues relatedto service, safety or methods occur, the decision to remove an employee from service will not occur until the Union is notified by the District Labor Manager or his/her Labor
    designee of the Company’s decision to either suspend or discharge
    This is being billed as all they have to do is see you without seatbelt and they can fire you,im thinking theres more to it,like if u have a accident and didnt have a seatbelt your fired...for instance....\

    Alotta gray areas an language an different locals/agents/stewards give different definitions or praise or doom an gloom.



     
  2. stink219

    stink219 Well-Known Member

    Next time post the entire article.
     
  3. Mostly Brown

    Mostly Brown New Member

    Vette51, You are right....the devil is in the details! Labor Law is one of the top ways UPS is saving money. They exploit vague language in the contract to their advantage.
     
  4. stink219

    stink219 Well-Known Member

    So your saying that you rather more specific language?
     
  5. RealPerson

    RealPerson Active Member

    I have asked my BA, and 2 stewards... Have to just find out when it happens to you I guess.. Lots of different answers.

    There has always been the if you are on disability for more than a year as a PT, you lose seniority, BUT as I read this it appears to "ME" if you are not 100% they can get rid of you.
    This isn't the 30 days TAW.
    Hell from my back injury I am 15% disabled because of UPS, could they now say for new injured people, well no job for you???
     
  6. balland chain

    balland chain Member

    OK. Are there any stewards out there that can help me with this... First,I am a full time deriver,, I have been out on comp, and have to had surgery.. I may not be able to perform my job.. Does this mean that UPS will not have to buy me out ? I am one year away from my 25 year pension.. I do have an Attorney and have sent him our current contract, and he has spoken with my BA... As I understand this, if I am not 100%, I can be let go... with no recourse for my potential permanent impairment .Is my only option is to work a year in pain to get my 25 years in so I can get out of UPS.. Any help would be appreciated..
     
  7. brownmonster

    brownmonster Man of Great Wisdom

    Feeders yes?
     
  8. The Other Side

    The Other Side Well-Known Troll Troll

    This section gives you LESS protection. After three years on disability, your SENIORITY is broken, and you will have a choice to accept either a part time position at the part time rate and part time pension contribution or resign or be vocationally retrained.

    No longer will you be able to take two part time jobs (22.3) to make a full time position should you be unable to perform your normal full time duties.

    This was a major concession to the company.

    Further (i) is very vague, and could mean possibly anything the management could dream up.

    (i) other serious offenses, the Company and the Union agree that there are offenses where an employee may be suspended in lieu of discharge.

    What are those offenses? Where is the list? Why do they leave this blank and without explanation? Why would the Union "agree" with the company on this issue?

    Who will be determining "serious".

    Again, what does this mean?

    "Within this subsection, when issues relatedto service, safety or methods occur, the decision to remove an employee from service will not occur until the Union is notified by the District Labor Manager or his/her Labor
    designee of the Company’s decision to either suspend or discharge"

    Safety or methods? Which method? This doesnt say they cant fire you or suspend you, it says they CAN do it after they notify the Union.

    Again, a completely subjective sentence that opens the barn door so wide you could drive a herd of cattle through it.

    Of course, 407 and Stink will both say we are protected by this language.

    Peace

    TOS
     
  9. stink219

    stink219 Well-Known Member

    Nope, you can only say its one sided. YOU can only say that. Do you know what Nonduality is? You very much use that to make most of your points.
    The point of this article is to have the employee not lose time like in the past. So it is a protection. I know you refuse to see that or believe it. TOS, how long have you been a steward? What herd will UPS push through this? Because you see it as such? 407, myself and a bunch of others, do see it as a protection (God forbid!). My people will work everyday, even against serious discipline. It gives the BA a chance to hash things out prior to arbitration. I've never lost an employee for anything other than a witnessed theft.
     
  10. Returntosender

    Returntosender Well-Known Member

    Visit a labor attorney.
     
  11. smart girl

    smart girl New Member

    Stink is correct and actually comp is different than disability. Each State has clear language on comp, ours is 500 weeks to collect 2/3 your wages. At the point where it is determined that an employee is considered disabled the
    State determines with an Arbitrator the extent of disability. You should have a Lawyer by this point. Then they decide
    ​your fate.