Seniority Question

[UPS_Brown]

OK, I was hired from the outside as a seasonal driver for the summer of 2011, they liked the way I worked, so they asked to try and qualify to become a seniority full time driver. A part timer was also asked to qualify as well, since there were two openings, he would have been the one that would have met the inside hire quota thus allowing them to hire me from the outside. Well it so happened that I qualified and he did not, I am now and have been a seniority driver since September 2011...Well he filed a grievance saying my route was easier than his, so they are in the process of giving him a third chance (yes, he failed to qualify once before I was even in the picture), and I was told if he does qualify he will be placed in front of me on the seniority list. Yes when I took this job I figured he was going to be in front of me, but now almost 7 months later while I have been busting my ass, he is going to lollygag in there right in front of me.

Yes, I know you are all about hiring from the inside, and may not support me, but I worked the LS for 6 years, before I left to follow a career in my degree field. I was laid off and saw this opening, so I applied...so yes I paid my dues as a grunt.

Is there anything I can do? And yes if anyone is questioning, I was under 9 days in a row. He is almost at his 30th day and maybe scratched twice.

Thanks for any help or suggestions!!!

 

[UpstateNYUPSer(Ret)]

Personal opinion on outside hires matters little here but FWIW I was an outside hire. IMO your BA would be doing you a disservice if he allowed this grievance to go forward. You were both given the same opportunity to qualify at the same time--you qualified, he didn't. That should be the end of the discussion.

If I were you I would be calling the BA first thing Monday morning and giving him a heads up on the situation.

 

[UPS_Brown]

He is the one who told me this was the way it was going to be!

 

[UpstateNYUPSer(Ret)]

He is the one who told me this was the way it was going to be!

Go over his head.

 

[UPS_Brown]

Who would I go to? The President of my local knows this is happening...they are saying if he doesn't qualify, I shouldn't even have a job.

 

[UPS_Brown]

Don't get me wrong, nothing against them, but I really don't think this thing comes up too often and no one knows what to do.

 

[UnconTROLLed]

UPS picks and chooses who they want to become FT and "make book", and set up those who they do not want to, to fail. Before you even step foot in a package car, more often than not, their minds are made up.

Having said that, jmo, the other driver should be given a fair shot, you and I have no idea whether or not that occured- and "running scratch" or under has nothing to do with it.

 

[RedThunder]

What is his seniority date going to be? Is it going to go back to his first day. How can his seniority date be before yours if you've been driving 7 months? I understand the union is trying to help this guy out but it can't and shouldn't be at your expense. As far as his route being harder than yours, so what, that's not grounds for a grievance. We have two designated training routes. You get what you get. You say he tried to qualify before and didn't make it. If he was disqualified by the company he has to wait 1 year before trying to qualify again. If he disqualified himself, he has to wait 2 years before signing a new bid sheet. IMHO, do not let this go without a fight. Seniority is all you have at UPS. He will bid vacations,personals,routes etc.. before you for the rest of your career if he get in ahead of you. Good Luck.

 

[UPSGUY72]

Your seniority date usually is the first day you started to drive not the day you made your 30 days.

They are going to keep his seniority date before yours because if they don't someone in the building could file a grievance for violating the 6 to 1 rules in the contract.

You should have never be given a chance to go FT until the person filling the 6 position made there 30 days then there would never have been a problem.

 

[BigUnionGuy]

I paid my dues as a grunt.

Less than a year in, is not paying dues.

As a off the street hire, you were given a route you *could* qualify on....

The other person didn't think he was given a fair opportunity.... he filed a grievance.... And the company agreed.

It happens....


Your beef seems to be that, because other things in life didn't work out.... you are somehow owed something in this situation.

Or.... you are more deserving because you're better.... in your opinion. May or may not be the case.


Be glad you are working a Union job. The other driver got his due process....



-Bug-

 

[brown_trousers]

isn't there a statue of limitations for grieving a "seniority" dispute? If you truely were not suppose to get the job, the issue should have been dealt with right after you got the driving position.

 

[UnconTROLLed]

isn't there a statue of limitations for grieving a "seniority" dispute? If you truely were not suppose to get the job, the issue should have been dealt with right after you got the driving position.

I have asked our/a BA this same question on the same specific topic, and he said probably not (time limitation), since it is possible one may not know they were wronged in the first place, and the action (or inaction) by UPS was not known then. If it can be proved, then it can be addressed.

 

[cachsux]

It's 30 days from the date of the violation here. There were some that had signed the feeder list but unscrupulous package mgmt held onto them and once they arrived in feeder and found others had gone ahead of them outside of that 30 period they were sol.

 

[UPSGUY72]

The problem here becomes the 6 to 1 rule. They have to have 6 inside people make there 30 days before they can hire 1 from the outside. Here the 6 guy didn't make his 30 days and they still hired a person from the outside.

That is a contract violation. I would bet that the inside person brought that up along with the "route problem" in order to get another chance and to have his seniority date to be before the outside hires date.

 

[brown_trousers]

The problem here becomes the 6 to 1 rule. They have to have 6 inside people make there 30 days before they can hire 1 from the outside. Here the 6 guy didn't make his 30 days and they still hired a person from the outside.

That is a contract violation. I would bet that the inside person brought that up along with the "route problem" in order to get another chance and to have his seniority date to be before the outside hires date.

it just wouldnt be right to take someones job away after they have already quit their previous job and made the transition.

I wonder what would happen if the guy had held the driver job for 20 years and then found to have been originally hired under a contract violation....