Does a disability override seniority on a bid?

[UPSGUY72]

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.

That's funny I now a driver that recently can't drive anymore and UPS found him a FT inside job without taking someone elses.

 

[silenze]

At my hub they won't create a job for you. They will try and push you out. They want you to quit. Your doing the right thing.

 

[Indecisi0n]

With that thinking either way he's going to look like a to some people. He needs to get over what other people might think about him and stand up for his rights. We have a contract UPS should follow it everyday not just when it's convenient for them.

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.

Everyone might have one but some are prettier than others.

 

[Harry Manback]

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.

Let's see, how to respond...

If you had read "carefully", you would've found, I don't "enjoy" imposing my seniority on others. I've been bumped. I will bump. It's always business and never personal.

Secondly, I find it comical that, someone with enough huevos to moniker them self with a username like "By The Book" would liken our collective bargaining agreement to the Bible, in jest.

With all due respect sir/madam, you are not busting "my chops". You're merely spinning your wheels.

I considered trying to counter-point your unicorn and rainbows but, I figured this was a good place to stop.

 

[By The Book]

Let's see, how to respond...

If you had read "carefully", you would've found, I don't "enjoy" imposing my seniority on others. I've been bumped. I will bump. It's always business and never personal.

Secondly, I find it comical that, someone with enough huevos to moniker them self with a username like "By The Book" would liken our collective bargaining agreement to the Bible, in jest.

With all due respect sir/madam, you are not busting "my chops". You're merely spinning your wheels.

I considered trying to counter-point your unicorn and rainbows but, I figured this was a good place to stop.

But I did nail your morals and character. I was trying to point out you can't be all contract and nothing else and then bump drivers just because they bump you. I will read your posts more carefully in the future. I can't promise I won't find a different intent than what was intended.

 

[Harry Manback]

But I did nail your morals and character. I was trying to point out you can't be all contract and nothing else and then bump drivers just because they bump you. I will read your posts more carefully in the future. I can't promise I won't find a different intent than what was intended.

You've "nailed" little more than, the palm of your own hand. I could keep trying to explain my original post to you but, I fear it would require crayons and construction paper to get the point across.

You just keep on keeping it "By the Book"...with wiggle room...

 

[UnconTROLLed]

Didn't read all of thoe posts but I think the Co. and union sold hellfire out. Not surprising with the underhanded, weak union leadership these days.

The problem is that ADA accommodations, to my knowledge, run outside of the contract - AND outside of the bids. I know of someone who has ADA accommodations and is a combo; they bid a specific job, but they are not placed into the job anyway. They are placed in a special job outside of their bid.

I'd definitely grieve it; the co. and union can work something out as they should, but it should NOT affect this bid.

JMO

 

[happybob]

That's funny I now a driver that recently can't drive anymore and UPS found him a FT inside job without taking someone elses.

Is the driver an ADA case or a case of UPS moving him to another job without the ADA being implemented? Do you know the difference? He can't drive anymore because of a medical condition that is covered under the collective bargaining agreement and the company is required under the contract to move him to another job? He can't drive any more because of a medical disability that would be an ADA qualified disability? The company went through the ADA process with the individual and they had an open full time position that he could perform with his ADA qualified disability, with or without reasonable accommodations being made to that new job?

The company has many different ways of dealing with injured workers, disqualified drivers and disabled employees. Do they always deal with these issues correctly, NO, and they will admit to that fact in a court of law if and when it gets that far. My own situation took a lot of years and lots of court action to get it taken care of. In the end, I was put back to work in a different job than the one I was doing before my disability became an issue. The job I was moved to had reasonable accommodations made to the essential functions of the job and in the end their was a settlement offered and accepted. I can only hope the company does better at dealing with ADA cases in the future.

 

[part-time]

I am an ADA employee. I have 15 years part time. I drove 2 seasons, one summer one winter. I have dishydrosis of the hands and feet which means, the soles of my feet and palms of my hands break out with lots blisters. They break and ooze. It becomes very painful to walk. Stress and the elements play a big role in this problem. After my first summer of seasonal driving, it started, by Christmas I was hospitalized. Tried driving one more time at Christmas and the stress made my body go haywire. There's a full time inside job coming available for the first time in almost 40 years.
My question is - Should I have to give up full-time altogether because I wasn't able to drive do to my disability? Or would it be reasonable for the company to offer me the job before a more senior full-time driver who had the opportunity to provide for his family?
I have not brought it up to the union yet but the they state I have no rights to any inside jobs only driving under our current contract. A new driver with one year total company seniority has more rights to that job without bringing in the ADA status. I don't take advantage of it. I don't call in. I preload and drive air some times. I can work the 8 hours in the building but not 10-12 hours in the truck.
I tried driving, couldn't do it. After 15 years, should I have no rights period?

 

[Wally]

If the other person has a medical issue that prohibits them from driving then UPS needs to make a job for them on the inside. They are not suppose to stick them in an open position that position should go out to bid.

Grieve it....

Everybody and their uncle now has some medical problem covered by the ADA. What a farce.

 

[km3]

Everybody and their uncle now has some medical problem covered by the ADA. What a farce.

Legal blackmail, basically.

 

[Re-Raise]

If you pass on this bid, will everyone else that is higher in seniority than the ADA guy also be so noble?

 

[barnyard]

I tried driving, couldn't do it. After 15 years, should I have no rights period?

Until it is written into the contract, seniority will always prevail. You may be SOL for a FT gig.

 

[Nothing by 1030 anymore]

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

Lol. When ur falling apart do you think the other guy will care? Ups won't

 

[hellfire]

This post is allmost 2 yrs old ..Good job people.

 

[Johney]

This post is allmost 2 yrs old ..Good job people.

So....does the guy still have the job you let him have?

 

[hellfire]

So....does the guy still have the job you let him have?

He had a stroke about a year ago,, left the company , I haven't seen him since, I do know he is completely disabled. The combo job was rebid, I passed, I have no interest in getting up at 1 or 2 am, I am king seniority and my onroad texts me , allmost daily, to see if I want the day. Got it pretty good right now, just glad I have hit the majic 30 yrs

 

[ArcherUTR]

Lot of handicapped park-ers that stroll on into the building.

Or Walmart.

 

[UpstateNYUPSer(Ret)]

Lot of handicapped park-ers that stroll on into the building.

Or Walmart.

Not all handicaps are evident.

 

[pickup]

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.

How can you believe you live only once and believe in karma?