Filed on jr senority driver

Discussion in 'UPS Union Issues' started by The New Guy, Jul 28, 2011.

  1. The New Guy

    The New Guy New Member

    About 2 months ago i became aware of a driver with less senority than me driving in the center we were both asigned to last peak season. So I filed on him. My center manager try to say I dq'd myself (which I didn't) when the griveance was taken to him and tried to make it seem like it was my fault for not driving by not coming to him after i was told i'd be called when drivers were needed through out the year. My questions are 1) about how long do matters like this take to be resolved? as I am still working pt on preload shift and 2) How much time will I be paid for? because I had heard from a few other drivers in the center saying hes been driving off and on since January and i've still seen this driver come in since i filed the grievance. Will it only be from the date written on the grievance i filed or for the whole time hes been out?
     
  2. brown_trousers

    brown_trousers Active Member

    Isn't there some kind of "statue of limitations" on filing a grievance like that?
     
  3. menotyou

    menotyou bella amicizia

    Not a pay grievance.
     
  4. cachsux

    cachsux Wah

    Thought it was 30 days on a seniority issue like this.
     
  5. menotyou

    menotyou bella amicizia

    Maybe, but I thought if it was established and he just became aware of it, then I thought he could file. It has been a while since I had to sit in on one of these. They did do a sneaky maneuver like what you are talking about at my center. One went to school before two. Two was a brown nose and was worked over one. Two got seniority over one. And, yes. One was the loneliest.
     
  6. The New Guy

    The New Guy New Member

    I was told I could still file on him because I had just became aware of him driving at the time I filed
     
  7. cachsux

    cachsux Wah

    When I came into feeder there were issues with other drivers not coming in by seniority because package center manager`s were holding drivers back. These guys had their buddies watch the feeder seniority board as other drivers came in and when one with a lower ft seniority date started in feeder the the held back drivers would file. Was told they only had the 30 days from the point the junior driver came in and seniority was violated.
     
  8. The New Guy

    The New Guy New Member

    So was it pointless for me to file then? Like I said it's been about 2 months and I haven't heard a word about it from the union and I'm still not driving. Wasn't sure how long these things take to get resolved I've never had a reason to file a grievance before this happened I'm still not sure on how it all works.
     
  9. 705red

    705red Browncafe Steward

    Its almost never pointless to file. In your case because its past the 30 days to file from when the infraction happened the company could be arguing its timeline. If they are that issue would have to be settled first, meaning that the time frame could be arbitrated without the grievance itself being heard. If thats teh case and you prevail your grievance would than be heard and if teh comapny still disagrees it could wind up in arbitration itself. Realy delaying the process.

    The risk reward for you is great, if you win your looking at back pay, pension credits and seniority as examples, not exactly sure because this sounds like a casual position and we dont have that here.

    I will say that I have filed grievances out of my building when I was made aware of package car drivers in other buildings going feeder in buildings beside mine and they were fired after the 30 days. Article 7 does speak about the union being made aware of it. I had several drivers that filed on it get placed in that feeder position. Now if UPS can prove that you or the union knew about it and no one filed that could be a problem.
     
  10. The New Guy

    The New Guy New Member

    See I didnt know he had still been driving until i saw him come in one morning when i was leaving. After I saw him come in I filed on him. After I had filed the grievance and it was turned in I had asked a friend of mine that worked in the same center how long he'd been seeing him driving and thats when i was told he saw him off and on since Jan or Feb. Just makes me mad I've put in over 4 years now was made to think I'd be called sometime during this year and they chose some one with almost 2 yrs less senority than me. Then when the Grievance was taken to my center manager he lied tried to say I dq'd myself and that its pretty much my fault im not driving because I didnt come talk to him after peak was over and i was put back in the warehouse.
     
  11. menotyou

    menotyou bella amicizia

    Your original post says you became aware 2 months ago. Done.
     
  12. The New Guy

    The New Guy New Member

    Yeah that's when I filed 2 months ago when saw him come in. Guess I'll just have to play the waiting game until i hear anything...
     
  13. grgrcr88

    grgrcr88 No It's not green grocer!

    Most of the time it is 5 days from the date of knowledge for non discipline grievances. however payroll adjustments can go back much farther than that. It is never pointless to file.
     
  14. menotyou

    menotyou bella amicizia

    Oh, sorry I misunderstood. I hope you win. I have seen this happen and it is very unfair. Good luck.
     
  15. The New Guy

    The New Guy New Member

    Hoping I do too. I can't lie the back pay would be nice especially if they will pay me the whole time he's been out, but really I just want the job thats supposed to be mine. I feel like I'm going to have to wait until peak this year before I will get to drive again. If I do hopefully they put me in another center but I highly doubt that
     
  16. menotyou

    menotyou bella amicizia

    Be firm with them!! Get your pay and the job! You deserve it as you have seniority. Don't let your BA let this slide. Make sure your interactions with the union are in writing. God forbid, you have to use it later against them. Email them or correspond in writing. Make sure you have a paper trail with everyone!!!!! Good luck.
     
  17. The New Guy

    The New Guy New Member

    Will do thanks for the advice