Ridiculous Grievance Panel

Discussion in 'UPS Union Issues' started by big_arrow_up, Jul 3, 2009.

  1. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    I downloaded the Grievance Panel decisions off of makeupsdeliver.com and it is very clear how the company has little regard or respect for the contract. The long list of deadlocked cases speaks for itself but one caught my eye......


    "Chair McCabe called Case N-193-09: Local 177 v. UPS, Hillside, NJ
    On behalf of all affected
    employees, Union alleges that
    the Company violated Article 37
    and Article 18. The Company’s
    decision to keep Manager **** in its Package operations
    whereby he has constant contact
    with bargaining unit employees,
    has placed the safety and well-
    being of all employees in
    serious jeopardy. *** has
    demonstrated a history of
    inappropriate and violent
    behavior which culminated in
    him smacking two drivers in the
    back of their head.
    DECISION: Based on the facts presented, case is DEADLOCKED. "


    Deadlocked? You've got to be kidding me!
     
    Lasted edited by : Jul 3, 2009
  2. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    Yep ... absolutely clear cut with no sense of subjective judgment here.

    Assuming it is true, UPS will move him, in due time, to another position somewhere and hopefully some EAP help for anger management.
     
  3. Solidarity413

    Solidarity413 New Member

    Aww come on in my shop if that was a worker, it'd be deadlocked too. Oh wait, just kidding he'd be fired long ago.
     
  4. bubsdad

    bubsdad "Hang in there!"

    We're going through a no violence in the workplace period right now. If you even think about smacking someone in the head you're gonna take the walk of shame.
     
  5. 705red

    705red Browncafe Steward

    If this is true the company has just opened themselves right up. The next person he assaults just might have to defend themselves. That manager better be very careful who he touches next!

    I hope that there is a camera around when/if it happens again!
     
  6. JonFrum

    JonFrum Member

    From TDU . . .

    " . . . In four days of hearings, the highest UPS grievance body under the contract ruled in favor of the union just four times. The company won 13 cases outright. Another 42 cases were deadlocked. An incredible 78 cases were postponed.

    The UPS National Grievance Committee will meet just one more time this year: Oct. 12-15 at the Hilton San Diego Resort and Spa.

    Only two of the union wins required the company to pay the grievant and one of these cases involved just 4 hours of overtime. In the other two cases, the company was instructed to comply with the contract and a monetary reward was either assigned to another grievance body to decide or denied outright. What a system!

    Thirty-give cases were settled or withdrawn with no details given."

    Download the Committee decisions here . . .
    http://www.makeupsdeliver.org/news.php

    The Company "wins" almost all grievances even if it doesn't win them outright. Delaying a decision for months while the grievance works its way to the top level is a "win" of sorts. And the "win" is extended if the National Committee postpones the grievance for additional months.

    A deadlock is also a "win" for the Company because the Company got away with whatever it did, and was not found to be wrong or required to pay any penalty.

    Cases that are settled by the parties or withdrawn may also be Company "wins" although that would depend more on the individual details of the cases.
     
  7. 705red

    705red Browncafe Steward

    Chair Dempsey called Case N-232-09: Local 769 v. UPS, North Miami, FL


    On behalf of
    Melissa
    Tiefenbach, Union alleges that
    the Company violated Article
    17. On July 17, 2008 the IBT
    and UPS reached a settlement on
    the appropriate pay rate for
    counter clerks in the South
    Florida District. The affected
    employees did not receive the
    agreed to monies until
    October 7, 2008. The grievant
    is requesting penalties for the
    late grievance payment as
    stipulated in Article 17 of the
    current CBA.
    DECISION: Based on the facts and circumstances surrounding the
    matter and nature of the settlement, THE GRIEVANCE IN THIS
    INSTANT CASE IS DENIED.


    This is a joke! The contract is clear! UPS has ten days to pay you your grievance money or penalty starts ticking at half your guarantee per week.
    ARTICLE 17
    Errors of less than thirty dollars ($30.00) for full-time employees or fifteen dollars ($15.00) for part-time
    employees and overages will be corrected in the following weekly paycheck.
    Any grievance settlement not paid within ten (10) working days of the settlement shall entitle the
    grievant (s) to a penalty payment as outlined above. The ten (10) working day period shall begin
    to run when the Labor Department representative agrees to the settlement, or is notified by the
    Union or management team of the settlement. The Employer shall pay a maximum of one penalty
    payment for a multi-grievant grievance, which shall be subject to the additional penalties set forth
    above for untimely payment, until corrected.

     
  8. trickpony1

    trickpony1 Well-Known Member

    .....and I'm pissing away $18 a week (just under $1000 a year) for this type of representation?
    What a deal.
    No wonder so many people are stepping out of the union.
     
  9. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    Looks like it's time for you to go into management ... whatdya say?
     
  10. trickpony1

    trickpony1 Well-Known Member

    that's not gonna happen.
     
  11. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    What next? Do all these cases go to arbitration? My opinion of UPS sure took a nose dive after I read all of these.
     
  12. Mike23

    Mike23 Guest

    I'm actually surprised they didn't try to fire the drivers first and claim they assaulted this nut job. 'Yes sir, I was flailing wildly and these peoples heads came into contact with my hand. They assaulted ME. :greedy::greedy:'
     
  13. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    I think that is what they said.

    However, I was referring to the truth. :wink2:
     
  14. soberups

    soberups Pees in the brown Koolaid

    How is the union to "blame" for a deadlock?

    The panel is composed of equal numbers of management and union reps. If the company chooses to it can deadlock every case that comes before it, and force it to arbitration.
     
  15. DS

    DS Fenderbender

    Maybe because the union members are good friends with management,and dont give a rats ass about anyone but themselves.
    I agree with trickpony,the teamsters have become a facade of a union.
    I hate giving my money to the mob.
     
  16. 705red

    705red Browncafe Steward

    Hold on now! There are alot of good Teamster locals out there. Look at the cases and see what locals are doing the right thing only to have the cases deadlocked. Locals 70, 177 etc.

    A deadlock is not a sell out from the union. A deadlock means that the company disagrees with the grievance/resolution and the union believes that it is a good grievance.

    Now after a deadlock there is a time frame for the union to notify UPS that they will be sending the case to arbitration. Now I would love to see a list of grievances that are awaiting arbitration.
     
  17. JonFrum

    JonFrum Member

    True.

    Nevertheless,
    The Union appointed half the panel members.

    The Union argued its side of the case and didn't persuade even one member on the other side.

    The Union created the whole grievance panel system in the first place.

    The Union negotiated, re-negotiated and fine-tuned the system's details with every new Contract.

    The Unon decided that the decisionmakers should be selected by loyalty to the Company and loyalty to the Union, and not on the basis of neutrality, good reputation, fairmindedness, justice, objectivity, consistency, respect for the Rule of Law, etc.

    The Union allowed UPS to violate the Contract all these years by not putting a stop to its tactics during that time.

    The Union agrees to abide by the panel decisions, respects its authority, and always unanimously endorces the Contracts (which contains the language creating the panels and governing their operation) and calls them the best Contracts ever.

    The Union sticks with the system no matter how disfunctional it is.

    The Union keeps the operation and decisions of the panel largely secret. For years we heard nothing about it. Only this year has word leaked out. And that is from TDU, not the Union. You can't fix something if you don't know much about it, or how badly it's broken.
    - - - - -
    National Grievance Panel Decisions, June 2009:
    http://www.makeupsdeliver.org/e107_files/downloads/minutes_national_june_2009.pdf

    National Grievance Panel Docket, June 2009:
    http://www.makeupsdeliver.org/e107_files/downloads/natlgrievancedocket-june2009.pdf

    Joint National Air Committee Docket, June 2009:
    http://www.makeupsdeliver.org/e107_files/downloads/natlgrievancedocket-air-june2009.pdf

    National Grievance Panel Decisions, February 2009:
    http://tdu.org/files/ngcminutes-feb09.pdf

    National Grievance Panel Docket, February 2009:
    http://www.makeupsdeliver.org/e107_files/downloads/nationalfeb2009.pdf
     
  18. DS

    DS Fenderbender

    Yea whatever,I only know what I see first hand.
    In your world red, the ibt may be effective,where I am they are crap.
     
  19. pemanager

    pemanager Member

    Big,

    Honest question, why does your opinion of UPS take a nose dive after reading these? There is no back-up documentation, additional information, etc. included. These are allegations, which may not be substantiated and / or they are, hopefully, legitimate differences of opinion on interpretation of the contract. From my experience, most grievances that are clear cut (black and white contract language) are settled early in the process. The ones that make it this far are where people legitimately disagree or there are issues with the 'facts'.

    To answer your question, these cases only go to arbitration if the Teamsters decide to take it there. Due to the possible expense of arbitration if you lose, only the 'strong' cases would go.

    More valuable information would be how many of these grievances do the Teamsters have enough confidence in to take to arbitration and how many win there.
     
  20. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    How many clear cut violations are there on that download? Plenty. Over 9.5 grievances are cut and dry. Either a driver was worked over 9.5 three days in a week or they weren't. There should be no discussion. The company is just stalling.