Possible article 10 and 37 violation

Discussion in 'UPS Union Issues' started by OC952, May 25, 2012.

  1. OC952

    OC952 New Member

    I am a pre-loader and have been employed with UPS for 15 years and am a union dues paying teamster in good standing. (to keep the thread on topic i should state that I have no intentions on going full-time nor do I seek a combo job.) I have been given 45 minutes prior to hub-start to scan send agains on 3 pens. My full-time supervisor said that I can only have this time if I am there every day on time. Stating that if I call in or am late he will take me off the send agains permanently. He documented this in my file folder with a shop steward present. I never agreed to this nor did I sign anything. His contention is that I have a proven history of undependability. The thing is my attendance record is better than at least 1 other scanner, who seems to call in on average once a week, with seemingly no repercussion ( he's still scanning). I have 2 sick calls this year.

    Is it a violation of the contract or law for management to discipline one employee and not another for the same infraction?

    Is it intimidation for him to threaten to pull the 45 minutes from me?

    paraphrasing Article 37 section 1: The employer shall not intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties.

    Article 10 'priority of agrrement' of the supplemental agreement for 11 western states : The employer agrees not to enter into any agreement or contract with his employee, individually or collectively , which in any way conflicts with the terms of this agreement. Any such agreement shall be null and void.
  2. The Other Side

    The Other Side Well-Known Troll Troll



    ""His contention is that I have a proven history of undependability."""

    reliability is what makes a good UPSer, the opposite makes for stupid discussions.


  3. brownmonster

    brownmonster Man of Great Wisdom

    You work part time. Be there every day and be on time.
  4. just_a_number

    just_a_number Member

    Contract??? It's as good as toilet paper...just sayin
  5. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    agreed about the toilet paper, esp. in NE.

    HOWEVER, fair and equal treatment of members is one of the stewards responsibilities.
  6. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    If you worked as hard and diligently at your job as you did researching the contract this wouldn't be an issue.
  7. Funfact

    Funfact Well-Known Member

    What would give him the impression that you might be undependable.

    There is more to this story that your not tellingand I would say the untold portion doesn't help your case...
  8. anonymous4

    anonymous4 Active Member

    LOL@ people categorizing this guys work ethic. He says he has had 2 sick calls this year. That would be in the more reliable 90th percentile. As if someone in management wouldn't attach a label to someone such as "unreliable" for their own ends. You'd think most of you don't work at UPS or the kool-aid is working.

    Talk to your business agent about him threatening to pull your timeif you call out, if your steward is as useless as mine.
  9. Funfact

    Funfact Well-Known Member

    Maybe the OP can elaborate on why his SUP think he is undependable. Two (2) call in a years doesn't get you marked as undependable..... But something does....
  10. anonymous4

    anonymous4 Active Member

    A center manager who wants someone else in that position instead of the OP. 10 calls ins wouldn't label you as undependable as a part-time insider if you are being compared to the rest of the pack. So it is either bull:censored2::censored2::censored2::censored2: on the OP part and he is leaving a fun fact out, or the powers that be just want him/her elsewhere while someone else fills that role.
  11. brownIEman

    brownIEman Active Member

    2 call ins in a year would not mark you as an attendance problem in any preload I am aware of. I notice that the OP talks about how his supervisor considers him an attendance issue and brings up concerns about him calling in and BEING LATE. The OP then gives his record on call ins, but noticeably absent is any mention of lates. So, how many times have you been late this year?

    As a preload supervisor, I can tell you being late is worse than a timely call in for some one processing send agains.
  12. OC952

    OC952 New Member

    When the defaulted start time (the time that is on the clock) does not match the posted start time it results in a 'late' eg. an occurrence. During peak this was nearly a daily occurrence, It was reported to the supervisor in charge of setting the start times. They always replied stating that they correct it and the end of the day and the pay will match. I didn't think of documenting each instance. Clearly I should have and do so. Though it has been accurate for a while now. I still make sure it matches, and I have been photographing the posted start times every Friday. As it goes I have been given a warning letter for the first sick call (in Jan.) that put me in am actionable position. I called in last week and this will put me in a 1 day suspension. The full-time sup with whom I am dealing with was on vacation last week and is due in next week. So technically nothing has actually been done yet.
    In the past this individual has let me know that , because I have been there 15 years and my pay rate far eclipses the people behind me in seniority, he expects more from me. He said this with no witness. I asked (jokingly) if he would put that in writing and sign it, he laughed said "no" and walked away.

    So in my opinion it is not the he thinks I am undependable it is more like this is how he will prove it. Not all together honest, and very deceptive. The individual responsible for the time settings during peak has been since transferred to another hub.

    thank you for the replies (all of them) even the annoying ones, thank you for reading, keep asking questions and I will try to elaborate as best I can.
  13. Funfact

    Funfact Well-Known Member

    If your have problem with this SUP than don't talk to him without steward present and let him no that....