Southern Contract Help

[dogs.bite.me]

So a junior employee got laid off today for lack of work. There were two less senior employees working yet he got laid off. So this is how it looked

Driver 1 <------ more seniority and laid off
Driver 2 ------ less seniority buy works
Driver 3 ------ less seniority but works

The reason management gave was that the 2 lower senior employees had bid on a route and couldn't be displaced.

However Article 46 Section 5 subsection B 1 & 2 reads:

(B) In the event of layoff of any full-time employee, the affected employee gas the right to exercise his/her seniority in the following manner:

1. Must displace the junior employee within their regular classification.

2. Any other junior full-time employee in another classification or part-time work.

Doesn't that mean he can bump the 2 lower senior drivers even if they have bid?

Any help would be appreciated.

 

[box_beeyotch]

You should be able to. I'm a cover driver and I have bumped lower seniority guys off routes I did not know and ran them in the blind before.

 

[dogs.bite.me]

Its not for me, it is for a buddy. I just want to figure it out. My BA says no, but this reads like you can

 

[dogs.bite.me]

You should be able to. I'm a cover driver and I have bumped lower seniority guys off routes I did not know and ran them in the blind before.

Had they bid on the route that you bumped them off of?

 

[box_beeyotch]

Had they bid on the route that you bumped them off of?

No they were also a cover driver. I'm not totally sure how that works. If it is a bid route, I don't think you can bump but I've experienced no cases in my center of a lower seniority driver having a route before someone with higher seniority.

 

[dogs.bite.me]

No they were also a cover driver. I'm not totally sure how that works. If it is a bid route, I don't think you can bump but I've experienced no cases in my center of a lower seniority driver having a route before someone with higher seniority.

There are 2 lower senority drivers beneath me who bid. I chose not to bid because i know most of the gravy routes and im #2 cover driver so i pretty much get my pick.

Better than being on a city route for 2 years

 

[Brownslave688]

There's a difference between cover drive and actual bid vacation coverage. If the 2 lower seniority guys are bid converge and your friend is just a cover driver I believe he is SOL

 

[dogs.bite.me]

He is a FT cover, the other 2 were ft cover before bidding on area earlier this month

 

[PT Car Washer]

No they were also a cover driver. I'm not totally sure how that works. If it is a bid route, I don't think you can bump but I've experienced no cases in my center of a lower seniority driver having a route before someone with higher seniority.

We have several very low seniority drivers with their own routes. Nobody else wanted them. We have one route that nobody bid and now will be assigned to highest non bid driver. Cover driving is a bid job. All our drivers are FT.

 

[box_beeyotch]

We have several very low seniority drivers with their own routes. Nobody else wanted them. We have one route that nobody bid and now will be assigned to highest non bid driver. Cover driving is a bid job. All our drivers are FT.

All our drivers are FT as well, but almost no one bids cover unless they are that low on the list.

 

[PT Car Washer]

All our drivers are FT as well, but almost no one bids cover unless they are that low on the list.

Bid cover in my building means you have a choice of which route you want to cover that week or day by seniority. Otherwise the routes are assigned to who ever is not laid off. You may be on 5 or 6 different routes in a week if you are lucky enough to work all week.

 

[BrownTexas]

Regardless of the fact if he could bump or not. If he showed up to drive, he needs to ask for his guaranteed 8 hours and file if he isn't given it.

 

[PT Car Washer]

Regardless of the fact if he could bump or not. If he showed up to drive, he needs to ask for his guaranteed 8 hours and file if he isn't given it.

Does not say they showed up to drive. Just that other drivers with less seniority did work.

 

[Overpaid Union Thug]

So a junior employee got laid off today for lack of work. There were two less senior employees working yet he got laid off. So this is how it looked

Driver 1 <------ more seniority and laid off
Driver 2 ------ less seniority buy works
Driver 3 ------ less seniority but works

The reason management gave was that the 2 lower senior employees had bid on a route and couldn't be displaced.

However Article 46 Section 5 subsection B 1 & 2 reads:

(B) In the event of layoff of any full-time employee, the affected employee gas the right to exercise his/her seniority in the following manner:

1. Must displace the junior employee within their regular classification.

2. Any other junior full-time employee in another classification or part-time work.

Doesn't that mean he can bump the 2 lower senior drivers even if they have bid?

Any help would be appreciated.

I may be wrong but I would think that classification seniority would prevail. If the higher seniority unassigned driver has a route to cover then they have to cover it. If not then they should be able to displace the junior employee regardless of them having a bid route and it should be them that has to exercise their 8 hour guarantee and bump inside or do whatever else they can get. Having a bid route shouldn't give a junior employee super seniority over a senior employee.

 

[dogs.bite.me]

I may be wrong but I would think that classification seniority would prevail. If the higher seniority unassigned driver has a route to cover then they have to cover it. If not then they should be able to displace the junior employee regardless of them having a bid route and it should be them that has to exercise their 8 hour guarantee and bump inside or do whatever else they can get. Having a bid route shouldn't give a junior employee super seniority over a senior employee.

That is exactly my thought. Only thing is, my BA is not returning my calls

 

[PT Car Washer]

I may be wrong but I would think that classification seniority would prevail. If the higher seniority unassigned driver has a route to cover then they have to cover it. If not then they should be able to displace the junior employee regardless of them having a bid route and it should be them that has to exercise their 8 hour guarantee and bump inside or do whatever else they can get. Having a bid route shouldn't give a junior employee super seniority over a senior employee.

True about a lower seniority driver having super seniority because he has a bid route. But the higher seniority driver had the opportunity to bid that route and declined. I believe he gave up his bumping rights when he turned down the bid.

 

[dogs.bite.me]

True about a lower seniority driver having super seniority because he has a bid route. But the higher seniority driver had the opportunity to bid that route and declined. I believe he gave up his bumping rights when he turned down the bid.

Contract doesnt say that the bid supercedes seniority. It says can "DISPLACE" junior employees

Definition of displace:

take over the place, position, or role of (someone or something)

 

[Overpaid Union Thug]

True about a lower seniority driver having super seniority because he has a bid route. But the higher seniority driver had the opportunity to bid that route and declined. I believe he gave up his bumping rights when he turned down the bid.

By that same logic a less senior bid driver should be able to go home if their route is cut instead of offering the time off starting at the top of the seniority list right? But we both know that's not what would happen.

The contract is crystal clear on the options. Displacing a junior employee is an option and there is no mention of a junior driver being a bid driver as an exception to that language.

 

[dogs.bite.me]

True about a lower seniority driver having super seniority because he has a bid route. But the higher seniority driver had the opportunity to bid that route and declined. I believe he gave up his bumping rights when he turned down the bid.

True he cant bump him if he has a route to cover.

But if there is no work for higher senority, then senority should prevail

 

[BrownTexas]

Leadership in Texas has gotten squirrelly. If you are here ur Ba may have changed.