Injured driver, returning to work soon

[UpstateNYUPSer(Ret)]

No, you did not answer the question about being under paid and what you would do about it.

The answer lies within the way that you and I approach our jobs.

I come in, do my job, shut up and go home. I help out when asked and offer if I am light or if I know another driver in my loop went out heavy. I have filed two grievances in 22 years--both were legitimate and both were paid. If I had been under paid I would have first sat down with my mgt team to try to resolve the issue in house. This was the case when I noticed that my paystub showed that I was short 45 hours of vacation pay. Turns out it was my anniversary year and they simply had not credited the hours. All it took was a simple payroll inquiry and the hours were on my next stub.. If that had failed I would have filed a grievance, as I would have if the under paid issue had not been resolved in house. No need to create unnecessary drama--there is a system in place to work out issues and it does not involve immediately filing a grievance, although that remedy is there if needed.

You come in with a much different attitude and demeanor and are suffering the consequences of that behavior. It is really that simple.

 

[menotyou]

So, when did you work at Black River? Why does my on-car ask me constantly when I'm coming back as I was one of his best? Why does my center manager calls constantly requesting my return as he misses how hard I worked( his words). Why is that, Dave?

 

[brownmonster]

Over9five was correct.

 

[brownmonster]

Example A. Hey boss, got a minute? Looks like there was an error on my paycheck. I would appreciate it if you could look into it for me. Thanks.

Example B. WHICH ONE OF YOU IDIOTS SCREWED UP MY PAY AGAIN?

 

[menotyou]

I tried example A for 2 years, as did the other combination driver. We couldn't get them to fix it. Finally, we both grieved. They took another year to finally offer us what they owed. Other driver took it and walked away. I did not. It took me 3 years and having to pen to paper. Double pay is allowed in the contract for a reason. I felt I deserved it, and I got it. What you all some be overlooking(at least from my perspective) is that the 'harassment' stopped when I went FT. I didn't change. They did. Why? I believe it is because they got rid of anyone on Preload who had ever filed a grievance. Considering I worked the building I came from and I know how they are, I think I am right. All sorts of people come on here complaining about the over the top abuse managers dole out to union members. But, when I am stating the same thing, I am a drama queen. It's funny my co-workers see me as an employee whose work ethic is above reproach. The same management team I have had many go-arounds with, wishes I would return today, if I could.

Have a great day.

 

[UnconTROLLed]

I don't care what is said, if an employee is shorted pay intentionally, it should be fixed. It's ridiculous when people start tip toeing through the tulips on pay issues and other grievances because they don't want to make waves. master/slave relationship.

 

[menotyou]

It wouldn't matter what I said, he would find a way to spin it into me being dramatic.

 

[thelodge]

If your Dr. says these restrictions will last less then 30 days you qualify for TAW which should be honored as your District has done temporary restrictions for many others. If they deny you TAW you then are being discriminated against and have a reason to grieve. If your restrictions are permanent that is another issue and I could advise you of youro rights. If your in BR as another post alludes to you are working for some great guys that will do the right thing.

 

[menotyou]

If your Dr. says these restrictions will last less then 30 days you qualify for TAW which should be honored as your District has done temporary restrictions for many others. If they deny you TAW you then are being discriminated against and have a reason to grieve. If your restrictions are permanent that is another issue and I could advise you of youro rights. If your in BR as another post alludes to you are working for some great guys that will do the right thing.

I am still considered temporary. When the comp dr had me at 50%, Albany said I had to be full duty(100%). It is a huge mess. Now, I have a judge basically playing chicken with me. So, I guess I'm having another surgery. Who knows, it might do the trick. I sure hope so!!!!! Thank you for the heads up. I do like my center center manager and on-car. I know I crab about stuff that has occurred, but most all of it didn't directly involve them. There have been MANY times they have gone out on a limb for me. We work well together. As I said previously, when I went full time, I was treated great. They have been extremely sweet to me while I have been out. The Albany nurse has been so helpful, I can't even express. I think she got someone fired at Liberty,he was my second case worker. What a jerk. How do you know my management?

 

[grgrcr88]

If your Dr. says these restrictions will last less then 30 days you qualify for TAW which should be honored as your District has done temporary restrictions for many others. If they deny you TAW you then are being discriminated against and have a reason to grieve. If your restrictions are permanent that is another issue and I could advise you of youro rights. If your in BR as another post alludes to you are working for some great guys that will do the right thing.

Unless your particular area has a specific inclusion of off the job injuries to TAW, or a proven past practice allowing it. You are not entitled to it.

Article 14, section 2 of the national master:

The Company may continue a modified work program on a nondiscriminatory basis. This program is designed to provide temporary work opportunity to those employees who are unable to perform their normal work assignments due to an on-the-job injury...

In Areas that have existing TAW programs providing better emploee benefits and protections than guaranteed by this article, such protections and benefits will not be diminished by this article.

Any such program that has been, or is in effect, as of the effective date of this Agreement, shall be reduced to writing, a copy of which must be submitted to the national Safety and Health Committee and the affected Local Union. If either party wants to include non-work related injuries or illnesses under TAW program the parties will meet and agree upon such amendment. The Employer shal also meet with the local Union upon request to discuss any changes the Local Unioon may propose in the TAW program. Any unresolved issues will be referred to the National Safety and Health Grievance Committee for resolution.

 

[menotyou]

? My injury was on the job. I was part time, working 50 hours a week, but it was on the job.

 

[union4life]

I posted this in your other thread. I don't know if it helps. Maybe a more experienced person can speak to it.

Re: Injured driver, returning to work soon

Well, not in the way you may be thinking. Most likely, they will not honor any "prescription" for a modified work schedule. However, Article 16 Section 6 is where you will find the language for FMLA.

According to information available on the web, off-the-job injuries are covered by FMLA.
http://www.wbng.org/education/fmla.htm

Here is an excerpt from this page.....

Serious health conditions include on- and off-the-job injuries and illnesses which incapacitate you or family member for more than three consecutive calendar days, chronic health conditions, and pregnancy. Absences due to serious health conditions are protected even if they are as short as a day or a part of a day. For instance, if you have a chronic back condition, you might have to use one FMLA day in January, six days in March, three days in April, two weeks in July, a half-day in August, and three days in December. When you call in, you do not have to mention FMLA leave, but you do need to indicate that the problem is more serious than a cold or stomach ache. An employee who informs the supervisor that "my daughter is having an asthma attack" or "my back condition is acting up again" has met his or her notification requirement to trigger FMLA protections.​

​

 

[UnconTROLLed]

Thats about the size of it. I have 9 days left of TAW, according to the 30 day rule. Had they allowed me to work one day last year, I could have received my vaca pay from the year before. Not after I irritated the new labor sup/former finance manager back when he was finance manager. He hated paying double pay grievances, even when you were cheated out of your pay because center manager's code you the wrong way in order to make a number.

What's this 30 day rule? I can't find it in the NMA but they're threatening to take me off of TAW right now because of an on-the-job injury. I can't find anything in art 14.

 

[menotyou]

I don't know where it is written. I will ask whomever I can on my end. The earliest I can chat with Albany is tomorrow. Same with BA. They have always used that number at my building, though. Feel free to use my info to try and get somewhere tomorrow before I can get back to you. I went from Dec. 14(used for injury date purposes) to Jan. 10th. That's when dr pulled me out of work(2007). Many have discussed it here, so maybe someone will chime in tonite. In the meantime, good luck. I feel your pain.

 

[union4life]

It has been my personal experience that the company will use the "30 day" rule to try and intimidate an employee into coming back to work before the employee is ready. Remember, the company doesn't want a "lost time" injury on their books. They can extend your TAW if they want. I think the company banks on an employee not wanting to go out on workman's comp.

 

[thelodge]

They worked for me as hourly and as managers at one time or another.

 

[menotyou]

They worked for me as hourly and as managers at one time or another.

I see. I will remember you offer for guidance through the Permanent Injury process. Thank you very much.

 

[brownmonster]

? My injury was on the job. I was part time, working 50 hours a week, but it was on the job.

Where does you going full time fit in?

 

[menotyou]

Where does you going full time fit in?

I went out the first time, came back(wasn't allowed back to d job in DA/made to load because "they wanted to make sure I was full duty") bid was hung after I went to airport for months-forced my seniority to get that job/they-labor sup-refused to just honor seniority- I signed, and the rest is history. Went back out after I was FT. Went out for carpal tunnel and back hurt(unbeknownst to me, fuse/spinal surgery had failed). Haven't been back. Need another 'fix'/surgery.

 

[milb]

I went to the doctor on a saturday morning with really bad back pain. had been workin preload for two weeks before and drove on that friday before with back pain. let my sup know that following sunday after returning from emergency room. told them it should be workers comp since i had prior injury in same area in 2005/06 l5/s1 disc herniation. liberty mutual has not told me whether the are picking up or not. i have an attorney. think i hurt on preload. could not walk on 10/22/2011, but better now. am still out with no pay, and my liberty mutual lady wont return my calls. Going to physical therapy and going to see a pain mngt. doctor on 12/8/2011. why would they pay my bills and not pay me? no pay since i have been out