Daily 3.5 hour guarantee

[trigon391]

I started working on the preload loading box cars in the beginning of this past August. After working for about two months or so and being a "good employee", on time everyday, following proper methods, etc., my supervisor has asked me to stay home on two occasions. The more recent time happened like this. I received a text at 3 AM saying "I need you to take the day off." I asked why and he said he had "waaaaaayyyy too many people" in that morning. I then said "I would like to work 3.5 hours can I come in later?" and his final reply was "I can't send home people with higher seniority, you need to stay home today."

This seems to be a cut and dry violation of the "3.5 hours a day" rule in section 5 of article 22 on the union contract in the sticky on this forum. Does this contract apply to me considering my hire date? If not, where can I find the written rules for my minimum daily work hours?

EDIT: I noticed I posted this in the wrong forum, meant to post it in the union forum can a moderator move it please?

 

[menotyou]

You must be given 24 hr notice of any short term lay-off. File on it. Next time this occurs, tell your sup you will be filing for unemployment to CYA. Should you wrk 3 days a week or less, in NY you would collect. UPS pays for it. I bet he changes his tune. But, he will not like you after this. Hope you have the cajones to stand up for whats right.

 

[trigon391]

That is what I figured thank you for the reply. This I also hear rumors about this supervisor messing with people's hours in order to get a bigger bonus. They way I understand it, the less hours worked by PT loaders during peak, the bigger his bonus is. I used to start at 4:30 every morning, it is my "start time" that is displayed when I clock in. For the last two weeks, he has been texting me each night what time to come in, anywhere from 3:30-4:30. I have been on time on all the days he told me to come in early, but i notice that while my "report time" is recorded when I clock in, my "start time" is still 4:30 so if I work from 3AM to 9AM, 6 hours of work, the clock doesn't start running until my "start time" which means when I clock out my "daily total" is only 4.5 hours. I asked my sup why this was the case and he said he was aware of the issue and he would take care of it. The issue persists this week, and I have been writing down my start time and end times and adding up my hours for the week so I can confront him with hard evidence.

I want to keep my job but I also think this sup is a crooked guy. It's a shame because I've had plenty of friendly conversations with him, he seemed like a nice guy. If I try to take action about all of this, will I risk getting fired? The sup can get pissed off and make my life as miserable as possible while I'm at work but as long as I get my 3.5 hours a day which I'm entitled to I don't care how ****ty the work is.

I think he is trying to pull this over on me because I'm only 19 and I just got braces so maybe I seem younger and therefore naive but I'm well aware that I am in a union and after some doubts at first I really think this guy needs to be reminded of the rules. Other people, even PT sups are aware of his little "hour manipulation bonus scheme" but no one seems to do anything about.

What is the best course of action for me to take?

 

[menotyou]

The easiest way would be to not answer the phone.

 

[Nimnim]

The easiest way would be to not answer the phone.

This and if it's a text message say you forgot your phone at home or whatever but never saw the message. If you don't respond and they don't send it early enough then it's very hard for them to say you knew about it.

Edit: I know there's plenty of times where I have my phone in my hip pocket and I'm driving along and a friend sends me a text I don't hear the noise nor feel the vibration in my pocket. It's believable.

 

[PiedmontSteward]

That is what I figured thank you for the reply. This I also hear rumors about this supervisor messing with people's hours in order to get a bigger bonus. They way I understand it, the less hours worked by PT loaders during peak, the bigger his bonus is. I used to start at 4:30 every morning, it is my "start time" that is displayed when I clock in. For the last two weeks, he has been texting me each night what time to come in, anywhere from 3:30-4:30. I have been on time on all the days he told me to come in early, but i notice that while my "report time" is recorded when I clock in, my "start time" is still 4:30 so if I work from 3AM to 9AM, 6 hours of work, the clock doesn't start running until my "start time" which means when I clock out my "daily total" is only 4.5 hours. I asked my sup why this was the case and he said he was aware of the issue and he would take care of it. The issue persists this week, and I have been writing down my start time and end times and adding up my hours for the week so I can confront him with hard evidence.

I want to keep my job but I also think this sup is a crooked guy. It's a shame because I've had plenty of friendly conversations with him, he seemed like a nice guy. If I try to take action about all of this, will I risk getting fired? The sup can get pissed off and make my life as miserable as possible while I'm at work but as long as I get my 3.5 hours a day which I'm entitled to I don't care how ****ty the work is.

I think he is trying to pull this over on me because I'm only 19 and I just got braces so maybe I seem younger and therefore naive but I'm well aware that I am in a union and after some doubts at first I really think this guy needs to be reminded of the rules. Other people, even PT sups are aware of his little "hour manipulation bonus scheme" but no one seems to do anything about.

What is the best course of action for me to take?

If this sup is skimming hours and trying to keep you from working your GUARANTEED 3.5 a day, he's not a "nice guy". He's a low-rent thief and should be tossed in a cell, let alone allowed to run a preload shift. If he texts you asking you not to come in: "Dude, sorry. I didn't see it. But I'm here now and on time, so you can't send me home. Can't afford the gas." It's the company's fault for over-staffing the area.

Now, if you're late, that's another story. Your gurantee is no longer valid if you or another employee are late.

One last thing: If you come to work every day on time, you have absolutely nothing to worry about as far as your job. Don't let anyone intimidate you at the prospect of being fired - you have one of the strongest unions in the country behind you.

 

[wgf46]

Here's the way we do it at my center. Everyone shows up, if volume is lower than expected and we don't need as many people per "the numbers", the supervisor asks if anyone wants off today. Usually someone wants to go home and if more than one wants the day off, them the most senior person gets to go home. If no one wants to go home, the the lowest seniority has to go home. I would definitely write down your time each week, write it on a piece of paper and give to your supervisor when you clock out on Friday. Ask him to check to make sure your hours are correct and get back with you on Monday. Hold them accountable because they want you to be accountable as well.

 

[trigon391]

Alright so I intend to do what you guys are saying, stand my ground, but I still have a couple questions:

Let's say I show up, after "not seeing" a text that tells me not to come in and the sup says "Steve I told you don't come in today, go home" and I say "No I am guaranteed 3.5 hours" and he still just tells me to go home, what do I do? Do I sit down and say sorry charly I aint goin nowhere till my normal leave time? Or should I just walk over to my cars and start loading like I normally would and ignore what they are saying?

And secondly, I was hired in the beginning of August 2012. So even though I haven't paid all my union dues, am I guaranteed the same union protection as a member who has paid all of their dues? In other words, the does contract in the sticky as I read it today fully apply to me? I want to walk in with a printed version and highlight all of the rules that they are clearly violating so they can't twist my words around or pretend I don't know the rules. Is this a good idea or is there a better course of action I could take?

 

[BLACKBALLED]

You must be given 24 hr notice of any short term lay-off. File on it. Next time this occurs, tell your sup you will be filing for unemployment to CYA. Should you wrk 3 days a week or less, in NY you would collect. UPS pays for it. I bet he changes his tune. But, he will not like you after this. Hope you have the cajones to stand up for whats right.

I agree, you are required 24 hr notice with any schedule changes, I was on both side of the fence, as a former union worker and local sort Supervisor, I was fortunate to have a pretty solid group, but if he does need to cut back he should ask for volunteers during the pcm, if you feel you are being violated than get with your union steward, most sups do this because of their Managers telling them to cut hrs at whatever cost, you can blame IE for the bogus plan they have based on the prior year as far as volume goes. You have rights Exercise them.

 

[Brownslave688]

Your in the union not seasonal your past your probation period. So yes the contract as it reads applies to you. Do not tell your supervisor no though. Just inform him nicely that you would like your 3.5 hour guarantee. If he tells you to go home still. Tell him you intend to file a grievance for your 3.5 hours. If he says go home find a steward and file then go home.

 

[trigon391]

Ok thank you for the reply that seems like the most reasonable course of action. Now what happens after I file a grievance? How will that make him change his behavior? Will his boss just yell at him or something? Because I think it would be good to document the problem, but in that scenario I'm still out 3.5 hours of work.

 

[BLACKBALLED]

His boss will not yell at him because he is the one who most likely asked him to cut hrs to make the numbers, this goes way beyond your sup. there is nothing to change with him it is with his manager, when I was sup I wanted as many employees as I could have so we could have a smooth sort, you can never predict the volume or which routes may be delayed coming in close to pull times, again this is not really on your sup, but do follow the procedure and file, just remember this and I am not trying to worry you, they remember those that always file and when it comes to drive they may not say it but they will find a way to pay you back, I saw some good employees on my sort get railroaded. Good Luck!

 

[Brownslave688]

Ok thank you for the reply that seems like the most reasonable course of action. Now what happens after I file a grievance? How will that make him change his behavior? Will his boss just yell at him or something? Because I think it would be good to document the problem, but in that scenario I'm still out 3.5 hours of work.

If you file you'll get paid your 3.5 hours. Also make sure no one with less seniority is working over you. File on that also. The first grievance is always the hardest to file. After the first one gets out of the way each one gets easier.

 

[trigon391]

Ok what are the physical steps to filing a grievance? Should I stop in HR after my shift and ask them? If that is the case, should I do that on the clock or after I clock out?

 

[PT Stewie]

Ok what are the physical steps to filing a grievance? Should I stop in HR after my shift and ask them? If that is the case, should I do that on the clock or after I clock out?

Remember this phrase "work first grieve later" which means grieve off the clock. Also you file with your steward seek he or she out not HR either before or after the sort and always within 5 days of the infraction.

 

[trigon391]

Alright thanks for all of the advice everyone I will be filing a grievance tomorrow after my shift. Will my sup know that I filed a after I do so? I just want to know so I have an idea of what to expect next time I see him after filing it.

 

[BLACKBALLED]

Yes he will know, the manager will inform him and sometimes the steward if they have a good working relationship, dont fret it is part of working at UPS, UPS just comes with a lot of baggage or drama so to speak.

 

[trigon391]

I see. I remember hearing that before I started working at UPS but I just told myself I wouldn't get involved in the drama but apparently I had no concept of what people meant by "drama". Well I'm glad there's a mechanism in place to keep the sups in line at least to some extent, but more importantly I'll be glad if I get paid for all the time have worked/should have been able to work. I don't mind making 9.50 an hour for strenuous labor but I want every damn cent of what I've rightfully earned.

 

[PiedmontSteward]

Ok what are the physical steps to filing a grievance? Should I stop in HR after my shift and ask them? If that is the case, should I do that on the clock or after I clock out?

HR sure as hell won't help you. A grievance is a formal complaint (in writing) against the company. It must be submitted within 5 working days of the violation. You can get the forms from a steward - you have to name the contract article (also ask for a copy of the contract book) and what happened and ask for a resolution. You'll also need 3 copies of your grievance - one for the local, one for the company, and one for your records. PM me if you need any help.

 

[UpstateNYUPSer(Ret)]

Don't be surprised if your grievance gets "traded" as part of a mgt/BA deal over a larger issue.