Does a disability override seniority on a bid?

[Harry Manback]

Well spoken.. and with a potato no less.

Sometimes, I wonder what I could do with those "Cutie" mandarin oranges...


Sent using a Potato

 

[Catatonic]

A combo job came up and i decided to take the paycut plunge, i won the seniority part hands down but i was told by HR the job was given to another driver because the union and co. came to a agreement on a ADA issue. Legal?

Double Standards for the Union!
Agreements external to the contract does not apply to the Teamsters but it does to employees represented by the Teamsters!
Say wut?

 

[rod]

ive decided to not pursue it, hes a good guy, had hip replacement yrs ago and is falling apart. I was surprised and upset at first but i have put a little thought into it

That was a tough decision I'm sure. The old saying "nice guys finish last" comes into play and you had every right to take that job. I hope you don't regret it a year or two down the road.

 

[ArcherUTR]

You could grieve it, probably successfully but I pick my battles. I'd rather pass on it than look like a to everyone

But wouldn't the cool-story-bro ending be when you grieve and win, but as a part of the settlement you require that dude replaces you and you are still the next top seniority hourly.

USA USA USA USA!

 

[soberups]

Having seniority does not obligate one to kick sand in the face of a junior employee. There's nothing wrong with wanting to be a nice guy every once in awhile. You only live once and you might as well rack up as many karma points as possible while you are here.

 

[By The Book]

A combo job came up and i decided to take the paycut plunge, i won the seniority part hands down but i was told by HR the job was given to another driver because the union and co. came to a agreement on a ADA issue. Legal?

What has this person been doing before the bid went up? They will still need a relief for that job, maybe you can get that if you don't want to take the bid you won. Call your local and ask your ba about the Ada accommodation.

 

[Mugarolla]

Double Standards for the Union!
Agreements external to the contract does not apply to the Teamsters but it does to employees represented by the Teamsters!
Say wut?

No double standard here.

Employees cannot enter into extra contract agreements with UPS "without the approval of the union."

The union cannot enter into extra contract agreements "without the company approval."

If the union and company agree, it is a contractual agreement final and binding on both parties.

 

[By The Book]

I don't like being bumped by senior drivers but, it's the business.

I don't particularly enjoy bumping junior employees but, it's the business.

I won't ask or expect for more than, what has been negotiated for me through the collective bargaining agreement.

Likewise, I'll expect everyone around me to do the same.


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Let's see, where to begin. You don't like the unwritten rule of the bumping process, but you like it when you use it to your benefit. You won't ask, or expect anything other than what's written in the bible,( I mean contract). Good luck with your last statement! If you feel a tap on your shoulder look up its you riding on your unicorn chasing that darn rainbow. I'm just busting your chops, it sounds like you are a person with high morals and good character. The point I'm getting to is there is a little wiggle room in the contract.

 

[Johney]

A combo job came up and i decided to take the paycut plunge, i won the seniority part hands down but i was told by HR the job was given to another driver because the union and co. came to a agreement on a ADA issue. Legal?

For everyone telling him to file a grievance...did you all just miss this? Do you really think he'll win when the Union he is filing with already agreed to something else? Not likely.

 

[UpstateNYUPSer(Ret)]

I personally could careless about what other people think about me ass opinion are like A-- holes everyone has one about everything you need to be able to get over it and move on with what is best for you not someone else.

Sometimes the right thing to do would not be found within the printed pages of a labor contract.

 

[UpstateNYUPSer(Ret)]

Oh boy...

You're not just an a s s h o l e, you're a judgemental pile of feces.

Climb on down from your high horse, Dave.

I have been called worse by better.

 

[UpstateNYUPSer(Ret)]

How would taking that bid be different than bumping someone off a route? Do you think someone is a when they do that

The difference being the other person is physically unable to perform any other hourly position within the company.

 

[UPSGUY72]

Sometimes the right thing to do would not be found within the printed pages of a labor contract.

We have a contract because if we didn't UPS wouldn't do the right things. The right thing is to follow the contract.

Your theory is why the Union has gotten weaker as a whole. Some people would rather "do the right thing" all the time instead of standing up for there contractual rights". The pot needs to be stirred or someone's is going to keep get burned....

 

[UpstateNYUPSer(Ret)]

We have a contract because if we didn't UPS wouldn't do the right things. The right thing is to follow the contract.

Your theory is why the Union has gotten weaker as a whole. Some people would rather "do the right thing" all the time instead of standing up for there contractual rights". The pot needs to be stirred or someone's is going to keep get burned....

So if it came down to the ADA being able to work or having to sit at home you would have no problem with him sitting at home?

 

[UpstateNYUPSer(Ret)]

Keep in mind that we are talking about a job with an $8/hr pay cut.

 

[Raw]

Create another combo job for disabled worker.

 

[oldngray]

Create another combo job for disabled worker.

I can see them creating a new special job for the disabled worker but the problem would be if they just ignored seniority to give him an existing job.

 

[Harry Manback]

I have been called worse by better.

You could use some new material.

 

[Turdferguson]

The difference being the other person is physically unable to perform any other hourly position within the company.

If that is the case article 20.4 of the master covers this situation.

 

[happybob]

Lee me explain a few things here, seeing how I went through the ADA process.

The company has NO obligation to CREATE jobs for it's disabled workers, under the ADA.

When an employee requests an accommodation under the ADA the company has to determine if the employee has a qualifying disability. The ADA requires the company accommodate the individual by allowing the employee to transfer to a job, where an opening exists, if that job will accommodate the employees disability. It also requires the employee to make changes to an employees existing job, if those changes would be considered reasonable accommodations to the job requirements/essential functions. There has been a ruling from the Supreme Court that affirmed a company must abide by it's collectively bargained seniority rights when considering ADA accommodations. A member with a qualifying disability can not bump a more senior member out of his/her job in order to be accommodated.

There hasn't been, to my knowledge, any case brought against the company concerning the company being forced to create jobs for all disabled employees. They have created jobs, such as Dave mentioned earlier, and at my facility the same has been done, but they are not required under the ADA to do so. Will they eventually face a court case, where an employee shows that they created jobs for others with similar disabilities as theirs but refused to do so for them? Probably! Past practice!

For the OP, they can't force you to let the person that took the job you bid on keep that job if you are senior to him/her. You have rights under the collective bargaining agreement that we work under, SENOIRITY RULES! Not requiring the company to remove the disabled employee from that job is a noble decision on your part. Sounds like you have a bit of GOOD karma coming your way some day.