Question........If I file a grievance...........

Discussion in 'UPS Union Issues' started by union4life, Jun 11, 2011.

  1. union4life

    union4life Member

    If I file a grievance on an issue and the response I get from the business agent is...."BA so-and-so settled this issue already for other members", should I be entitled to a copy of that settlement? I asked for a copy and he told me that the Local is not in the habit of doing that and they aren't about to start now.

    How can I get a copy? My BA said I would have to trust him. Well, I don't.

    Is there anything I can do?
     
  2. ymelord

    ymelord Active Member

    First off don't trust anybody, I get lied to all the time from the union and the company. Second off you can grieve anything, and I would do so althought I'm not telling you to, just so I don't get trouble. Once grieved argue as though it was never argued before, let them prove to you it was settled, if that is there reason why you should lose your grievance make them prove it, if they don't, deadlock it, and ask for a copy of the case decision, in a hand written request, (have it ready and keep a copy),with a witness that you give it to them. Argue what settlement no proof you should win, usally not always with UPS and Teamsters.
     
  3. JonFrum

    JonFrum Member

    Can you locate the other members who grieved the issue previously? Maybe you can get a copy of the decision/sellout from them? Or at least a verbal description.

    If it's important enough, and the Local's behavior is bad enough, you can file an Unfair Labor Practice (ULP) charge with your regional office of the NLRB for failure in their DUTY OF FAIR REPRESENTATION.

    There is also a SECTION 301 BREACH OF CONTRACT suit that can be filed in federal court.

    But these are not easy to win.
     
  4. packageguy

    packageguy Well-Known Member

    File it with your shop steward anyway. but, I am sure we are entitle to see those records. The BA should show you in good faith.
     
  5. menotyou

    menotyou bella amicizia

    The union is a non-profit organization. You pays dues to that organization. You have a right to see how that money is spent. Apparently, it was spent defending a member. You have a right to the disposition of that. You might not have a right to the member's personal info, but you have a RIGHT to see how your dues are spent. And, since your BA is paid with your dues, start getting the attitude that he works for you. It is amazing how it changes the way they treat you. Go to the next union meeting and make sure it is in the minutes that he refused to do his duty. I bet your grievance gets filed.
     
  6. Integrity

    Integrity Binge Poster

    union4life,

    If the violation is still happening then the issue is obviously not settled.

    I would think precedent setting settlements should result in addendums to the contract or letters to the membership.

    While the union does represent you, if a BA misrepresents or fails to represent me, I would file a formal complaint in writing.

    Sincerely,
    I
     
  7. steward71

    steward71 Active Member

    This is the problem with the unions now they think they don't have to give info to the members. force him to show you the info. Stand up and say something. our rights are being taken and because we don't hold these Sh** Heads feet to the fire. Take a Stand now and tell the Sh** Head. The BA in my local the same way he is making a 110,000 and works 8-4 because he is a Super Sh** Head. He does not like it when he is held to the fire he says well people just need to let us handle it so I know where you are coming from.
     
  8. union4life

    union4life Member

    Thanks for the replies. I will make sure the issue gets pressed. I was hoping he violated some sort of rule or language that I could cite in my letter. I will persue the issue. He does work me and I will keep pressing.
     
  9. packageguy

    packageguy Well-Known Member

    Amen, I could not say it better.
     
  10. Ghost in the Darkness

    Ghost in the Darkness Active Member

    Is there anything I can do if the union gives up on my legitimate 9.5 grievances when its clear they should have been paid while other drivers in my center had their's paid? I am a FT driver with a bid route.
     
  11. JonFrum

    JonFrum Member

    What reason did the Union give for giving up on your grievances?

    It's possible your grievances were settled with Management agreeing to adjust your dispatch, but without any penalty pay being due. (There's nothing in the Contract about being entitled to tripple time pay at the local level. Even at the National Level, it's just an option.)
    - - - -
    If your Steward dropped the ball, contact your Business Agent.

    If your BA dropped the ball, contact your Principal Officer.

    If your Principal Officer dropped the ball, file charges with your Local Executive Board.

    If your Local dropped the ball, file charges with your Joint Council.

    If your Joint Council dropped the ball, file charges with the International.

    If the International dropped the ball, WELCOME TO THE TEAMSTERS!!!
     
  12. Ghost in the Darkness

    Ghost in the Darkness Active Member

    Thanks for the post, I havent had to file a lot of grievances in my 11 years at UPS so I wasn't sure what I could do. Talking with anyone in the union seems to require shoveling a lot of bs to get to the facts of the matter. My 9.5s were sent to the national level because my center manager refused to pay them. When I talked to our BA on friday (he was supposed to have the 9.5 checks for our center's drivers) I asked if mine were paid and he gave me the deer-in-the-headlights look. He told me he couldn't remember mine... 4 (9,5's) and 1 (8 hr). So I jogged his memory and he took my cell # and said he would call me later that day with info. I ended up calling him and left a message and go no return call on friday. Our steward said once it leaves the center its out of his hands which I understand. I'm not optimistic, even though my checks could very well be sitting on his desk amongst the ones he was supposed to be bringing Friday. My gut is telling me they didn't get paid and his lack of knowledge about any of them leads me to think I got hosed. If I'm wrong I'll be the first to apologize and say thanks, and I hope I am wrong.

    Anyway thanks for the answer, I appreciate it. Now I know what I can do if my suspiscions are correct.
     
  13. JonFrum

    JonFrum Member

    Since monetary grievances are paid by UPS, I would think UPS would pay you directly if a payment was due. Article 7 says . . .
    ARTICLE 7. LOCAL AND AREA GRIEVANCE MACHINERY
    "All monetary grievance settlements shall be submitted by separate check payable to the grievant or grievant(s) and a copy of the same sent to the Local Union for their records. Such settlements shall be paid within ten (10) working days of the settlement. In addition, any monetary awards based on panel decisions will be made within ten (10) business days of receipt by the Company of the written panel decision."
    - - - -
    The last national Grievance Panel was March 7-9 of 2011. The next starts October 12, 2011. The one scheduled for June 6-8, 2011 was postphoned until October, according to TDU. Even when the National Panel does bother to hear a case, they usually don't order any tripple time payment.
    - - - -
    The rules for bringing charges at the Local or Joint Council level, if it comes to that, are set forth in the Bylaws of both those organizations.