Unhappy with the IBT...deal with the company directly...

Discussion in 'UPS Freight' started by SMCRDFCL, May 19, 2011.

  1. SMCRDFCL

    SMCRDFCL New Member

    If you are tired of dealing with a do nothing Union regarding UPSF contract Article 43 and 44 or other issues consider the following action:

    [1]Sec. 9 [§ 159.] REPRESENTATIVES AND ELECTIONS
    Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment.
    If the company fails to make the adjustment take them to a court of jurisdiction for your service center. If it is a monetary dispute, file separate claims to keep the amounts within small claims action. Keep the action in the small claims courts as the company, as well as the
    complaint(s), cannot have an attorney present.
    You are not sheep, for slaughter as lambs, fleecing over time and eventually mutton for stew. Why are you paying dues [fees] for nothing? Stupid is as stupid does.

    "WHAT CAN THE BROWN UNION DO TO YOU"​

    "New Union Management-New Clowns...Same Two Ring Circus"​
    "UPS: The Brown Union Sheep and Dog Show"


    [1] United States Code: Title 29159. Representatives and elections ...
    (a) Exclusive representatives; employees' adjustment of grievances directly ... That the bargaining representative has been given opportunity to be present at such adjustment. .... 158 (a)(3) of this title, of a petition alleging they desire that such ... Search this title: Notes · Title 29 RSS Title 29 RSS feed ... www.law.cornell.edu/uscode/29/159.html
     
  2. menotyou

    menotyou bella amicizia

    I like that. Thank you.
     
  3. grgrcr88

    grgrcr88 No It's not green grocer!

    You had probably find out if that applies to you. In our contract it specifically states that only the Unions designated representatives are allowed to present grievances. Although its a cute little paragraph, it does not apply!! As I have always stated, if you are unhappy with your representation locally the best recourse is to get involved and see what is really happening for yourself. All to often people piss and moan about what the Union is doing but never attend a meeting and have never been in a grievance hearing or even ever filed a grievance.
     
  4. menotyou

    menotyou bella amicizia

    I have attended many meetings and am very involved. The best recourse is to vote, which I ALWAYS do. The problem around here is the local I am in is like a high school. It seems people run for the job as if it was a popularity contest. The last prez in our local was in for 40 years. (He use to rent office space for the Teamsters from my father, who was the landlord of the union only building. My father was the BA for the Carpenter's. So, I have an idea how a union SHOULD be run. Don't even get me started on the millions the Carpenter's lost in the stock fiasco, which my father and the pensions he controlled as the pension administrator were NOT a part of.)
    The next BA was hand picked by the one retiring. Most people in this local don't vote. Like I said, I do. I can't count the grievances I have personally filed and filed as a steward. I was replaced as the part-time steward because I went full-time and there was a FT steward, already. I have attended countless hearings. My moniker(me, not you) stems from IT'S ME, NOT YOU UPSTAIRS TRYING TO SAVE YOUR JOB. GET TO WORK ON TIME!! DO YOUR JOB!! FOLLOW THE CONTRACT!!

    I think I have a right to bitch. They work for me.
     
  5. JonFrum

    JonFrum Member

    Federal Law always trumps a private contract. A union contract can only operate within the confines of The Law. Any contract clause that conflicts with Federal Law is null and void.
     
  6. menotyou

    menotyou bella amicizia

    I was wondering where you have been. Thank you for the input. Much appreciated. I thought I remembered me dad saying something to that effect. Thank you.
     
  7. stewardtwoniner

    stewardtwoniner New Member

    aint about filing a lot of grievances. Its about winning them. If you cant count the number you filed can you count the number you won?
     
  8. SMCRDFCL

    SMCRDFCL New Member


    I, and many intelligent people, lawyer and others do not see where THE UNION has any right to supersede that particular United States Code. Yes, they are the exclusive bargaining agent, and they negotiate until the parties, to the contract agree, and submit it to the membership for ratification. We are NOT talking about bargaining we are talking about recourse to ‘breach of contract’ and ALL remedies to such actions by THE COMPANY.
    The Contract finished and inked by THE UNION and THE COMPANY. The Contract is The Contract, is The Contract, subject to discern, and NOT modification [re-negotiation] through back room deals. The Contract is not in a continual state of negotiation.
    THE UNION requested by those under the contract, in a right to work state or vice versa, can present breaches to THE COMPANY through the process outlined in the contract. However, the employee(s) can address issues directly with THE COMPANY provided they are within the boundaries of the contractual agreement. If THE COMPANY refuses to correct the breach of contract, then the complainants may sue them in a court of jurisdiction. The courts ruling may only apply to that courts jurisdiction. In other words, someone from Any-town, Any State, Any County can bring suit against UPSF and if prevail, then execute the courts awarded remedy [writ of execution] against the plaintiff [UPSF].
    Naturally, THE UNION does not like it because it takes away their power to continually make back room deals with THE COMPANY and perpetuate the lame grievance process that includes junkets to fun places. Just think how much money you, could save, the member, if the process was streamlined. No pre-panels, no remote grievance panels and so on, it is your monthly dues and working dues money THE UNION.
    If THE UNION wins a grievance, THE COMPANY does not have to satisfy “the remedy”. THE COMPANY can continue the aggrieved practice until the sheep revolt and strike, which is not likely these days or THE UNION can take action to a court.
    For the information of those reading my post, I am a Teamster in good standing to a Local for some 41 years and have been a Steward, enforced the contracts word for word which has caused problems. I am not a mind dead sheep in a herd of BA BA’s sheared for working dues; monthly dues awaiting some do nothing Union representatives to find the integrity to uphold their oath of office and duties to their represented. THE UNION works for us and are our employees.
     
  9. JonFrum

    JonFrum Member

    I believe the NLRB has a policy of requiring that you exhaust the Union Contract's grievance process first (if appropriate) before they will act on your case. If they eventually can't get the Company to comply with their decision, they will take the Company to court on your behalf.

    Does anyone know if you can go directly to Court, or will the Court also require you to exhaust the grievance process first? Usually the Courts are reluctant to intervene in private contractual matters. They prefer the parties work things out between themselves if possible.
     
  10. SMCRDFCL

    SMCRDFCL New Member

    ONE MORE TIME!

    Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment.


    If THE COMPANY refuses to correct the breach of contract at the meeting with you or group of employees, you can take it to court. File a complaint against THE COMPANY [they are the defendant] you are the plaintiff [claimant]. Either the court will hear the matter or not, they will decide who has standing [eminence]. The claimant(s) complaint cannot be simply dismissed. The Section quoted is in the National Labor Relations Act.
    THE UNION will make every attempt to save face and discourage such actions. They are blowing smoke. You do not need to let them have first crack at a breach/complaint, you can go it face to face with the employer. If they, THE UNION was doing their job, and not all this stalling [Article 43 and 44] over the past year plus, allot of this would not be required to enforce the contract.
    Where do people take complaints for breach of contract…courts.
     
  11. JonFrum

    JonFrum Member

  12. menotyou

    menotyou bella amicizia

    JonFrum is only trying to help you with knowledge. I don't believe he is trying to argue with you. That isn't his M.O. He just REALLY knows his contract and his rights. I, for one, truly appreciates JonFrum's input.:happy-very: Just my opinion.
     
  13. SMCRDFCL

    SMCRDFCL New Member

    ONE MORE TIME…

    What I am suggesting has nothing to do with filling charges, a complaint, with the NLRB [National Labor Relations Board]. FILE THE 159 CHARGE IN A COURT OF JURISDICTION and let that court deal with that complaint…this is not rocket science!
     
  14. packageguy

    packageguy Well-Known Member

    I understand what you are saying, we have drivers that don't vote , they bitch and complain, I tell them to do the right thing. Attendence, and lates out of control. when the union comes to our building, they sit in there cars or just come in late.
     
  15. JonFrum

    JonFrum Member

    Why don't you give us a sample of your actual court victories so we'll know the strategy of going directly to court actually works?

    I believe the courts will reject most charges because they are not serious enough, or because some government agency (like the NLRB, OSHA, DOL, etc.) has jurisdiction. The courts will probably require that you go through the government agency's proceedures first; and the government agency (NLRB) requires you go through the Contract's grievance proceedure before that.

    I could be wrong. Give us examples of your sucess in going directly to court.
     
  16. SMCRDFCL

    SMCRDFCL New Member

    A complaint is filed in Federal Court against UPS, UPS Freight and The Teamsters Local 533 [Reno, NV] and has a docket number [1].
    The complaint(s) have consulted the NLRB, which is the source of the ACT 159 that states “…Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment.”
    Complainants, many who have been Union Stewards and their attorneys have searched for case law. It appears that this case will possible establish some new case law if their positions are sustained. The point is, after reading the above NLRB Sec. 9 [§ 159.] (a), applying it to the contract “aslong as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect.” Now use some common sense, when a party to a contract is in breach of that contract according to the other party, the natural recourse is to go to court. The fact that UPS Freight employees are represented by the Union has little merit and among that, value is exclusive representatives [for the negotiation of a contract]. IF the employees WANT to use the process outlined in the contract to address breaches [grievances] then they can.
    The plaintiffs are asking the court to decide the complaint, fault and damages. The court can order the defendants to correct their breach and make the plaintiffs whole.
    This is going to be an interesting court battle and of course, THE UNION does not like one part of it. It is taking away some of their power and may allow employees to seek redress outside of the union machine which we all know has been dragging their feet, costing enormous amounts of membership money in pre-panels, grievance panels and related expenses.

    [HR][/HR][1] Case Name: Garrison v. United Parcel Service, Inc. a Delaware Corporation et
    Al Case Number: 3:11-cv-00372-RCJ -RAM



     
  17. OldSnake63

    OldSnake63 Guest

    file your grievance ! your a teamster not a suck up
     
  18. JonFrum

    JonFrum Member

    Update us on your progress. It's been months.