Info on a stolen Sick Day

Discussion in 'UPS Union Issues' started by 03cobra, Jan 17, 2008.

  1. 03cobra

    03cobra New Member

    I looking for some advice and any thing I can use in the contract book. Last week I had a sick day used without my permission I did not call in sick. I am a college student and have been going to school for the past 2 years with no problems like this before. I have been a parttimer for 6 1/2 years. I told my partime sup. weeks ahead of time and the week before and the day before that I had orrentation for 2 classes on tuesday one at 5pm and the other at 8pm the college is only 5min away and told him I could come in at about 540 our start time was 5 and would have to leave at about 745. But he told me that he could give me that day off and get someone else to cover me that could be there the whole time. I said ok as long as you dont try to take a day and I said he could put me down as a call in then. He said ok. Then on tuesday unknow to me untill today a the full time driver supervisior told him he shouldnt have told me that and that he has to take a day from me so he did, he took a sick day. Wed. when I came back to work nothing was said to me. I just saw this tonight on my check. Now ups has let me off at least one day at the begining of each semester when I have 2 or more orentations for the past 2 years and have never taken a day from me or anyone else that works and goes to school there. I am going to talk to the fulltime sup. tomorrow about this. Any thing in the contract book I can use.
     
  2. tieguy

    tieguy Banned


    I don't have a book in front of me but their is a chapter early in the contract that says you can't negotiate a contract outside of the teamsters. Sounds like you need to read up on it. Its not normal to expect to be allowed to come in forty minutes late and leave early on the same night. Its not normal to expect to get additional days off outside the normal optional holidays and sick days. You really should let this one go. Your part time sup is agreeing to things he should not be agreeing to. Your sort manager will have to approve refunding the sick day and maybe the labor manager too. All you're going to do at this point is get the part time sup into even hotter water when it sounds like he's been trying to work around your school schedule.
     
  3. 03cobra

    03cobra New Member

    Well since we really have almost no volume intill about 6 when the package cars start showing up or later and we are done and going home at 815. I dont unload normally I just push out the packages untill the cars start showing up and then I start on them and park them. I could have really been there for almost all of the sort. And I said that I would but since we can easly operate a couple of people down for the first hour or so it wasnt that big of a deal. This was the supervisiors suggestion that I could if I wanted to just be put down as a call in and no day be taken from me. And he would get a morning shif person to come in sice we have morning shifters coming in all the time this was also no big deal. But it was with the full time supervision when he was putting me down as a call in that day for some reason and neither one ever said anything to me about it. Yes on the ERI servey there is a question on there about if the company is easy to work with your school schedule. And noting in there policy says I have to use a day and that cant request to leave early.
     
  4. faded jeans

    faded jeans just a member

    It has been my experience that management will charge you with a sick/option day any time and any way they can. That's one less they don't have to worry about.
     
  5. freeloader

    freeloader geek

    I gotta agree with Tie on this. Just take the sick day and be happy with it. Consider yourself lucky that they are being flexible to let you have the day off. They may not be so flexible next time if you make a big stink about it.
     
  6. 03cobra

    03cobra New Member

    Update I got my day back my union rep at the union hall straitend it out he said they can just take days when ever they fell like it and lie to the employee. And they have a policy that they are supposed to be flexable with students.
     
  7. Tie has just taught you a valuable lesson. What the company says, promises, or does does not, in any way, translate into your day to day interaction with management.

    Since you only do this once a year, or certainly only once every nine months (check your contract language on the length of time that warning letters are in effect) I would suggest
    NOT calling in and NOT showing up.
    This is obviously called a "No Call, No Show" and will get management all fired up.
    When asked why you didn't call in and didn't show up, explain what happened last time and that you tried to work with management but were shown the light. Expect a warning letter.

    Of course before you do this be concious of your status as far as attendance discipline goes. In our building part-timers are given a 'talk with', three meetings in which forms are filled out that are basically additional 'talk with's', a warning letter, one day, three day, then a five day suspension before termination. Any infraction (being late, calling in, calling in sick even with sick days) can lead to the next progressive discipline step. Keep clean for 9 months and it drops back to the last step. 9 months after the most current infraction and you are free and clear.

    Sick days require you to call in and actually be sick (no you do not have to say anything other than "I'm sick, I can't make it in today"), however these entitle you to pay not freedom from discipline for calling in sick. If anybody has a recurring health problem they should be on FMLA to protect their job. If management is paying sick days for days not called in as "sick" this is an illegal and unethical practice and must be stopped. Your building should have an established practice for requesting time off if necessary especially for students. In my experience, an established practice for requesting time off along with a consistently enforced absenteism disipline policy will reduce part-timer attendance problems and reduce turnover. Establishing this practice in my building went a long way to reducing part-time employee turnover by almost 50%.

    I would get with your steward and hopefully the business agent to address these problems and come up with a practice in your building.
     
  8. Just out of curiosity why would you not want them to use a sick/optional? If I was offered day off around now as an hourly I took it since they cut you just after your 3.5 (optionals/sick time pays you 4 hrs) at this point in the year. Around here if you need the day they'll ask you if you want to use an optional or a sick day (PTimers here get 3 optional days and 5 sick days) or just go unpaid. Most people take the paid time and use one (win/win for both, normally). We are also automatically charged a sick day if we call in (at least at my building). If he coded it as such that could be why.

    Granted now I'm salaried and don't really have sick days, well we do, we just get grief bigtime if we actually call in so I don't bother calling in, just working sick and having them send me home haha.
     
  9. Around here the only way to get an extra day off without pay is ANC. :sick:

    or to go over the 5 sick days you're given....some people burn them all may-july and then get :censored2: come winter when they have none left.

    Technically the PT supe did what was in the best interest of the employee and operation, got the employee the time he needed off and found someone to be there in his place (ok so the supe probably worked, j/k).
     
  10. tieguy

    tieguy Banned

    Sounds like your sups have spoiled and pampered you. Good for them. If you take a day off in my operation you will not get a freebie. You will use a paid day off either sick/ optional or vacation day. Your part time sup made a side agreement with you that he did not have the authority to make. He probably got his but kicked good on your behalf. Keep that in mind as you go down that path.
     
  11. over9five

    over9five Moderator Staff Member

    This is such a stupid gripe. You get them now (your sick days), or you get them later.
    WhiskeyTangoFoxtrot does it matter? How 'bout you go thank the company for paying you AT ALL when you weren't even there?

    Ungrateful %@*(@^%.........
     
  12. paidslave

    paidslave New Member

    Don't think any contract is going to help you with time off for school!

    Company is not responsible for your school......

    I dissagree lots with TIE but not on this issue!



    You really should be happy you made class....School is not about the money but about the education!

    It would be nice if my management team let me leave ie if I were in school!

    You have to bend just Like your sup was bending for you or it is a long bumpy ride for all!

    Good luck with your studies!
     
  13. brownmonster

    brownmonster Man of Great Wisdom

    We have drivers off every day without using an optional day (no sick days here). In fact I will try to get the day after Super Bowl off without burning my last optional.
     
  14. IDoLessWorkThanMost

    IDoLessWorkThanMost New Member

    All I can say is, post peak, our center manager's are just dying to lay people off up this way in New England. I don't see the big deal about (1) taking a day w/out using option/sick, and (2) just no-call no-show as a previous poster mentioned. Your education is much more important than a menial part-time gig; do whatever it takes...but don't expect for supervisors or managers to be good on their word. Especially on personal issues they really don't care about and/or you can't react on.
     
  15. steeltoe

    steeltoe New Member

    I am not sure were you are from or what supplement you are under, but here in the Southern, we do not handle it this way. First, our language has option 3. Option 3 is paid the first 7 days that the employee misses work. It does not matter how they code it, sick, personal, etc. The first 7 days are paid no matter what the excuse. I will say that management sometimes does not follow the contract on this language. The employee can use it to there advantage if they like, but the bottom line is our language requires it to be paid the first 7 days missed in the calendar year. As far as illegal for paying a sick day when you are not sick. No where in our supplement is there such language. Again, you are paid for the first 7 days missed.

    In addition. Oprtion 3 is an earned benefit that is part of our vacation package. How could an employee possibly be disciplined for using an earned benefit? You are paid for the day. This has never gone to panell, as far as I know, becuase the company knows they would loose if it ever went to arbitration. Our local instructs us to call in and tell the supervisor that we are using an option 3 day. That is it. We do not go into details, we just let them kow that we will not be at work and to pay us option 3.
     
  16. that post relates to the Western & Southwest Package Rider.

    Sick days are specifically regulated as such, at 7 per year. After calling in 5 consecutive days management can demand a Doctors note on the 5th day. However, this just guarantees you pay for the time but does not entitle you to to be sick 7 times without penalty. In general practice, management disciplines for more than 3 occurances in a 3 month period. Consecutive sick days are considered one occurance. Tardies, Sick, No Call, all go into the same classification. IMO this conflicts with taking of other defined benefit days such as Optional Holiday, Personal Holiday, and Vacation days; as well as Request Off days, but that is the practice.

    There is specific language to prohibit management from coding people off who are not sick because this was used to cover up when they do layoffs in the spring and fall. Problem was that summer would come and drivers who already worked 50 hours by Thursday would be calling in Friday. Management would use those days coded off as 'sick' in the spring to establish an attendance problem when it really was just them "being cool" and giving a driver a paid day instead of laying off the least senior drivers or being forced to reduce everyone's workday to accommodate everyone who demanded their 8 hour guarantee. See what "management being cool" gets ya!

    The Sick Day bank is repopulated on the employee anniversary date and days can be banked up to 30. Sick time can be selected during the vacation selection period as a bank of 5 days of "Sick Vacation".

    So essentially it is the same as your Option 3 except we have to call in as "sick" not "option 3". We still encourage the members to not give a reason and to grieve any harrassment from management to come in anyway.

    Sorry for the confusion, I forget anyone exists west of the Rockies.
     
  17. trplnkl

    trplnkl 555

    NO NO NO! That should NOT have been a sick day nor a call-in. That should have been honored as a "Scheduled off" ( with no pay) because the sup agreed that the man could have the day off. If the sup didn't have the authority to do so, he should have referred it to the proper people. Tie and other management want the rank and filers to have integrity but for some reason don't think it is important for themselves. BS.
    The differance being is that sick days and call-ins can and will be used against you as "attendance problems", the "Scheduled off" is not.

    NEVER EVER do a "no call/no show", that can bring on disastrous results such as losing your job based on abandonment. I've seen it happen.
     
  18. Well it is a serious course of action but if you have a clean attendance record it can be done to prove a point. The company still has to follow progressive discipline and unless your rider has defined "job abandonment" as a cardinal sin, your job is protected. In my district the company will send a certified letter with a 72 hour notice to return to work for someone who just stops showing up. Thats the kind of situation where you can lose your job, not the kind I'm discussing.

    While management will be seriously irate about a no call/no show, the resulting disciplinary meeting can bring everything to light and lead to changes in policy. Sometimes you've got to take a stand.

    I've had two no call/ no shows and I'm still here. Not even a warning letter for the second one, but I rarely even call in sick.
     
  19. trplnkl

    trplnkl 555

    All I know (not first hand) is that in our center two people have be terminated (fired, not killed) for job abandonment coming from a one day no call/no show. One of them I do know had used all of his option 3 days, told the manager on monday that on thursday he would not be in because his wife was having surgery. The manager told him he was out of O3 days and he could not take off, He didn't come to work and was fired. The grievance process didn't help him any, 3rd panel went against him. I said "I know", actually I was told all this from an insider of the whole process (not management nor the fired).
     
  20. over9five

    over9five Moderator Staff Member

    "...told the manager on monday that on thursday he would not be in..."

    It is not job abandonment if you tell the manager you're not coming in. Maybe they fired him for taking too much time off (if he did), but that was not job abandonment. The story sounds fishy or incomplete.