Retaliation

Discussion in 'UPS Union Issues' started by big_arrow_up, Jun 4, 2009.

  1. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    We've had an uprise in grievances in our building lately. Even part-timers (are usually not very active in the union here) have been filing. Some are worried about having "targets painted on their backs" for filing. Has anyone on the board had any experience with retaliation? Whether it be directly or just know of someone that has? Guys I used to work with in the building before I was a full-time driver have asked me about this and I don't know the answers. They've asked about management using "dirt" that they have against someone for filing. How far back can management dig to find that dirt on someone. Can they sit on it for months or years before they need it or is there a time limit?

    To me the whole idea of retaliation is pathetic. If they wouldn't violate the contract then their employees wouldn't file. It's pure revenge and completely unjustified.
     
  2. dilligaf

    dilligaf IN VINO VERITAS

    Big, where to start.......................

    Yes I have experienced retaliation. Alllllll the time. The best advice is to address it head on and immediately. The best way to do that is to file on it. Generally Art. 37NM sect 1. Art. 36NM may apply as well. The sooner this happens the sooner they start figuring out that you aren't going to put up with. It takes time to work but it DOES work.

    Anything in our files (within the previous 9 mos) can surreptitiously used against us. Or at least they can try to use it. This is where each individual has to be on their toes. The company has to use progressive discipline except in the case of a cardinal sin. And the discipline has to be given immediately (within 10 days). It can be assumed or said that the company was 'laying in wait', which is a big no no, if they wait any longer.

    The same thing can be said in the reverse also. We can not 'lay in wait'. This is why it is important to address the issues immediately. The grievance procedure has a deadline. As does EEOC and NLRB. EEOC is 6 mos (if I recall correctly) and NLRB is similar. If EEOC is to apply to the situation (and trust me if you put discrimination in the greivance, EEOC would apply) you must follow through the procedures before you can use EEOC. And you must document everything. Absolutely everything. Even the most insignificant inconsequential detail can make the difference between winning and losing at EEOC. (This I know for a fact, BTDT). The trick is being able to prove discrimination.
     
    Last edited: Jun 4, 2009
  3. DS

    DS Fenderbender

    big-arrow...You have been around long enough to know the answers to all your questions.That is one of my biggest beefs with the way they run the operations part at ups.They have no set way of dealing with particular problems.
    They hire a center manager based on whatever qualities they feel he has and give him supreme executive authority to play god.The problem is that the center manager has direct contact with the drivers,and if he does not like you,he can use his authority to make your life miserable.He can find a way to fire you and force you to go through the "process" of getting your job back.
    Making a mistake can lead to devastation for even a veteran driver with a mortgage and a family,all in the name of making ups a better company by getting ridding them .
    You'd think that after doing this 100 years,they could have established some rules to limit the ability of these people to get ahead in the company by questionable means.I don't know how some of the bastards I've worked for ever slept at night.
     
  4. bigblu 2 you

    bigblu 2 you Active Member

    they never sleep.they retire to their secret underground labs where they experiment with schemes of evil and ways to mentally abuse and verbally degrade those who labor daily,ever sharpening the meniacle skills needed to be someone you can confide/trust,a..strongly agree...b....agree...c....strongly disagree.
     
  5. bubsdad

    bubsdad "Hang in there!"

    In the company's eyes the guys who come in and eat the crap and never complain have more in "the bank" than the guys who grieve the things they are entitled to. If a person files a righteous grievance and wins it everyone seems to walk away ok. If a guy files for every little thing there seems to be an attitude against this individual. There should be no retaliation against an individual filing for being wronged contractually. However, should said individual ever be in a disciplinary hearing, the people on the other side of the table may not want to bend. I'm not saying I agree with this. Just telling you what I've observed in hearings where grievances are heard and disciplinary hearings.
     
  6. hurricanegunner

    hurricanegunner UPSPoop

    C!
     
  7. WestBrown

    WestBrown New Member

    Speaking of retaliation....if I didn't tell the complete truth on my job application 11+ years ago, and somehow they found out about it, do you think they would say I falsified company docs. and terminate me?

    Ya think I would have a defense? I mean if they didnt find it by now, and I'm in the union, am I covered?
     
  8. bubsdad

    bubsdad "Hang in there!"

    Welcome to BC. Don't know if there is a statute of limitations on anything like this. Would they have any reason to go back and check your original paperwork?
     
  9. WestBrown

    WestBrown New Member

    No I don't think they would ever have a reason, but it's something I worry about often, especially since I have 11 yrs in. They do try to get rid of people for petty things, and I think they would have a good argument with me.
     
  10. bubsdad

    bubsdad "Hang in there!"

    I guess your only hope is that you never give them reason to check. I doubt they would do it randomly at this point.
     
  11. 705red

    705red Browncafe Steward

    What did you falsify?

    And if you move up in the company as in going into package car and feeder you will need to complete another application. And this is were you could get caught.

    Are you legal to work in this country? Did you use someone elses social security number? Are you a felon? Answer yes to any of these and you probably will be done!
     
  12. Funfact

    Funfact Well-Known Member

    As I see we and management both sides have to give and take. We all need to remember that both sides can play hardball. We can file grievances on every little thing management is doing wrong and than management can write us up for every little thing that we don't do by the book. It works both ways in the union
     
  13. iamhuge

    iamhuge Banned

    I file, and dont worry about retaliation because i dont do anything i can get fired for. I have filed and won thousands of dollars. I talk major smack in the building to building manager down to the pions. Ya just gotta do the job 100% correct. And i mean 100%. Been a driver for 24 years, shop steward for 15, and never even been suspended. I am 2 to 3 hours in the hole everyday and have only had 2 production rides in 15 years because they know their day will be hell. I decided about year 3, that i was not going to be walked on everyday. But yes, they will watch you closely when you file, so if you are not doing the job right, dont bother filing.
     
  14. over9five

    over9five Moderator Staff Member

    You da man




    but I guess you kno that
     
  15. iamhuge

    iamhuge Banned

    Yes, i do know im da man. But that was not my point. Just wanted him to know you can file and feel safe, but you cant be a screw up and be filing, because they will get you.