Need help with my Grievence

Discussion in 'UPS Union Issues' started by dirtnut67, Aug 24, 2006.

  1. dirtnut67

    dirtnut67 New Member

    I will try to make this short. I use to be a Feeder vacation coverage driver. I have not driven Feeders since 1996. A center bid for a half Feeder and half Delivery came up in my Center. I bid it and lost the bid to a lower senority driver that is currently covering feeders. I have filled a Grievence and I am now going to the State panel. UPS is taking the stand that I haven't driven feeders within the last 2 years. Therefore I am know long feeder qualified. The contract says nothing about haveing to run feeders every 2 years to stay qualified.

    I need help from some of you. Has any of you had a 2 year or longer time spand between driving feeders. I really need name and center and a brief discription of your senario. I would like to go to the state panel with some proof that we don't loose qualifications after a 2 years of inactivity. If you don't feel comfortable posting on this discussion board you can email me directly.

    Thank you all for your help
     
  2. over9five

    over9five Moderator Staff Member

    Wow! Do they not like you??? Seems pretty cut and dried to me. No way the lesser seniority guy should have gotten that.

    You will win.
     
  3. dannyboy

    dannyboy From the promised LAND

    What contract do you work under. There are lots of different contracts that cover issues that will differ from contract to contract.

    d
     
  4. ducky13swing

    ducky13swing Member

    There are some rules where if you are out of a job for a period of time, you need to re qualify on the position. The ones I am aware of are Air Dandgerous Goods training, Designated Responder Training both Trainer and Responder, and PITO training.

    I am not positive on the feeder or package positions, but I need to get a DOT exam every two years to drive package.

    Yes training does expire and if you are not in the position throughout the year to recertify, you need to be retrained into the position. Then you will need to qualify based on the retraining.
    Not good news for you, but I hope it helps.
     
  5. over9five

    over9five Moderator Staff Member

    He was in feeders. So they have to re-qualify him. No big deal, it's one ride with a sup. I can't understand why UPS would take this obvious loser case (for UPS) to a state panel.

    Makes me think there's more to the story....
     
  6. dannyboy

    dannyboy From the promised LAND

    9.5, I agree. Ten years after he drove feeders hit and miss on vacation coverage, he is no longer feeder qualified. Now is some areas that would make him no longer able to drive without re-qualifiying. Dont know what that entails where he is from.

    The lower seniority driver is feeder qualified. So unless he is omiting something, that is about it. Should be a slam dunk for the union unless there is something missing from the puzzle.

    d
     
  7. team player

    team player New Member

    I think there is language in the contract that states if you have not worked in a classification in the past 18 months then you are not able to work in that classification and must be re-qualified.
     
  8. dirtnut67

    dirtnut67 New Member

    No I am not forgetting anything. ups is taking the stance that I am not qualified to sign the bid because I haven't driven Feeders in 10 yrs.

    I have asked ups to show me in the contract where it states you loose Feeder qualifications after 2 yrs of not driving feeders. Ups has told me that it is not written in the contract but they have several policies that the contract doesn't cover.

    My stance is I spent 7yrs filling in Feeder vacations from 1989 to 1996. There is nothing in the contract that states I loose my qualifications after 2 yrs of not driving Feeders. I have senority over the current feeder vac coverage driver therefore I should be awarded the bid.

    So I am looking for someone that has had more than 2yrs off of Feeders and them went back to Feeders.

    Thank you all for your input.
     
  9. over9five

    over9five Moderator Staff Member

    Dirtnut,

    First let me say I think you will win at the panel.

    Second, I gotta ask. Did you ask them to requalify you? Did you offer to go for a ride with the sup? (maybe even off the clock on a Saturday?).

    Do they not like you for something? To me, it seems it would be so much easier for them to simply requalify you.

    Good luck at the panel. Please let us know what happens!
     
  10. trickpony1

    trickpony1 Well-Known Member

    Dirtnut-

    "....but they have several policies that the contract doesn't cover.".

    I'm sure you've been around long enough to know/see that sometimes "policies" are spontaneously created to appease the moment and then when the moment passes the policy disappears.

    You haven't mentioned what your business agent and/or union steward has said about this.

    In another post you mentioned that you lost the bid to a lower seniority person who "...is currently covering feeders". Why weren't you "....currently covering feeders."?

    I hope you win your grievence.
     
  11. dannyboy

    dannyboy From the promised LAND

    Like trick said, this is the one thing that would seem to make your claim weak
    If you took yourself out of feeders 10 years ago for what ever reason, then you disqualified yourself. Now you are back in delivery and classified as such. For the time being, you have lost your feeder seniority, and must start at the bottom. Even if you have 30 years in with the company, and left feeders for any reason, you must again bid in at the very bottom of the feeder list, with no regards to your seniority until the bids are let again. Then you have the right to exercise your seniority to bid you route.

    Until then, the less senior driver that is active in feeders has more seniority than you when it comes to bidding on a new position, because you took yourself off the qualified list.

    So under our contract, you would have to bid into feeders on vacation coverage or what ever opening they have, then when the bid came up again for that position, you could then bid on that route. So under our contract, UPS is not violating your rights. Instead you shot yourself in the foot by not remaining active in feeders. So under our language, you do not have a case, with the information you have given us this far.

    Also, be aware, this is how it is handled under our contract. Your milage may vary.

    d
     
  12. ezmoney5150

    ezmoney5150 Active Member

    There are alot of variables. I don't know where you are at but there could be a local practice or a decision that the company is using from a panel. What does your business agent say? He's the one who will make the case for you not us.
     
  13. over9five

    over9five Moderator Staff Member

    In our building, anyone (package OR feeders) can bid on a NEW feeder run or a retirement opening. It is done by seniority date, not feeder date. You have to have your CDL and necessary endorsements. That was how I understood his first post, because he said it was posted in his (package) center.

    But to bump into feeders you would have to wait till the annual bid.

    As Danny said, check your contract. As you can see, we all work for different UPSs!
     
  14. dirtnut67

    dirtnut67 New Member

    first off I never took my name off of the feeder qualified list. under section 14 the only way you can remove yourself from feeder qualified list is by 30 days written notice. I never did that.

    2. Feeder coverage drivers do not have feeder senority.

    3. As far as Mgmt not likeing me. Well do you know any driver that stands up for himself that is liked by mgmt.

    4. My Teamster rep says that I have a good case but I would like to know if someone else has ever been in this situation..
     
  15. dannyboy

    dannyboy From the promised LAND

    But you still did not answer Tricks original question. Why were you not in feeder coverage for the last ten years? I would think that the answer to that question would give us a lot more insight to the situation than the other information you gave us.

    d
     
  16. trickpony1

    trickpony1 Well-Known Member

    I don't want to complex this anymore but it would seem to me that any bid job that is posted would go to the person with the most seniority who signs it....feeder qualified or not.
    It would then require the company to feeder qualify that person which, in dirtnut's case, should be easy.
    I could be completely wrong though.

    We are trying to help you.
     
  17. dannyboy

    dannyboy From the promised LAND

    I agree. But why would UPS take on a loosing battle that they KNOW they will loose? I know, I know, there are times when they do. But in all honesty, I think there is part of the puzzle that is still missing from this picture. I could be wrong, but dont think so.

    There has been something in that last 10 years that UPS has up its sleeve that we dont know about.

    d
     
  18. trickpony1

    trickpony1 Well-Known Member

    Danny-
    I agree with your last statement.
    I think dirtnut has :censored2: someone off and this is the companys way of exacting vengence.
    Will he be able to prove it? Probably not as the company is very skilled in the art of deception.

    ....and people wonder why we need a union. Could you imagine trying to find an attorney that would take this case?
     
  19. tieguy

    tieguy Banned

    I agree with Danny on this one.

    There is a reason this driver stopped working feeders 10 years ago. For that reason this driver is disqualified from working feeders.

    In such a status this driver would not be able to bid on any feeder runs in my area until he requalified.

    Each area has different language as you see here by these posts. Therefore anyone you find that has done this may not be relevant to your area.

    Question why didn't you just ask to be requalified before bidding on the job? That would make this situation a lot easier for you instead of having to blaze new contract territory not to mention the enourmous expense your union and the company will now encur to fight this case.

    I'm sorry but this ain't a company don't like me so they screwed me case this in reality is a "I want to have my cake and eat it too case"
    work within the rules established instead of allways trying to get someone to change the rules just for you.
     
  20. over9five

    over9five Moderator Staff Member

    Tie,

    I want to bid this job, but I haven't done feeders in 10 years.
    I come to you, and ask what I have to do.

    Would you not say, "Fine, I'll send you out with a sup today and requalify you".?

    To me (based on what we know), this would be so EASY!

    I KNOW that here, if I'm out of feeders a few years, and want to get back in, they'd help me. I KNOW they'd let me hook-up and drive around the property to get used to shifting again, and I'm SURE they'd jump in and go on the road to help me requalify.

    What would you do? (again, based on what we know)