UPS is telling us that we can't discuss the contract on company time

UPS Preloader

Well-Known Member
I've been hearing as well as seeing on Facebook that UPS is reprimanding individuals for speaking about the contract and encouraging NO votes white at the same time UPS is giving PCM's and handing out fliers encouraging yes votes. This is BS and as far as I know is a violation of our rights. Any thoughts?

What are my rights under the National Labor Relations Act?

The NLRA is a federal law that grants employees the right to form or join unions; engage in protected, concerted activities to address or improve working conditions; or refrain from engaging in these activities. For more information, see our Employee Rights page. Employee Rights | NLRB

A few examples of protected concerted activities are:

  • Two or more employees addressing their employer about improving their pay.
  • Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.
  • An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.
More information, including descriptions of actual concerted activity cases, is available on the protected concerted activity page.

[h=1]Protected Concerted Activity[/h]The law we enforce gives employees the right to act together to try to improve their pay and working conditions or fix job-related problems, even if they aren't in a union. If employees are fired, suspended, or otherwise penalized for taking part in protected group activity, the National Labor Relations Board will fight to restore what was unlawfully taken away. These rights were written into the original 1935 National Labor Relations Act and have been upheld in numerous decisions by appellate courts and by the U.S. Supreme Court.
 

UPS Preloader

Well-Known Member
Great post for Local 89 found on another thread:

Sounds like harassment is going through the roof in Louisville....

Attention Local 89 Teamsters:
Teamsters Local 89 is getting a high volume of reports stating UPS management is harassing employees regarding the proposed contract(s). If you have experienced possibly illegal actions by UPS supervisors, please call: Teamsters Local 89’s - UPS Management Harassment Hotline:

502-368-5885 ext. 120

Please leave your name, number, and work area as well as a short description of the offense and supervisor.

Management is attempting to intimidate young workers into voting to accept this harmful, substandard contract. Teamsters Local 89 strongly denounces these tactics of intimidation by UPS Management.
 
I would think that this alone would be a violation of the whole election process.
You can't do it on company time. But you can do it on the property but beware that it is their company and they can walk you off the property and if the union wanted you to vote yes then they could drag it along until after the vote.
 

UPS Preloader

Well-Known Member
You can't do it on company time. But you can do it on the property but beware that it is their company and they can walk you off the property and if the union wanted you to vote yes then the could drag it along tell after the vote.

Why? As long as it doesn't interfere with work, why can't two people that are working side by side talk about the proposed contract.
 

stink219

Well-Known Member
There has been zero talk from management in our building. Most don't know anything about the TA. I find it hard to believe. Now if you said that people were engaging in talks over holding a strike, that I can see.
 

Dracula

Package Car is cake compared to this...
Don't discuss it while you are on the clock, apart from breaks. Talk to your BA about them speaking to you about it, and file a grievance if necessary. While the 1987 contract was being hammered out, I got fired for encouraging other workers to vote no while I was on the clock. I got my job back after a few weeks, without pay, of course.

Don't chance it. Chances are, unless you're buds with guys in the local, you won't get much sympathy from anyone. If your sups say anything about the contract, just tell him your vote is secret and that you've already made up your mind.
 

UPS Preloader

Well-Known Member
Don't discuss it while you are on the clock, apart from breaks. Talk to your BA about them speaking to you about it, and file a grievance if necessary. While the 1987 contract was being hammered out, I got fired for encouraging other workers to vote no while I was on the clock. I got my job back after a few weeks, without pay, of course.

Don't chance it. Chances are, unless you're buds with guys in the local, you won't get much sympathy from anyone. If your sups say anything about the contract, just tell him your vote is secret and that you've already made up your mind.

Too date my building hasn't said anything, but if they ever did I would tell them that I am going to go home and call the NLRB and we can discuss it tomorrow.
 

HubBub

Well-Known Member
If job performance isn't affected, how could it be enforced? They can't just selectively choose what we can and can't talk about. Seems to me they'd have to try to ban talking altogether. That would go over well I'm sure. Imagine loading/unloading/sorting 5 feet from someone for 4+ hours everyday and not being able to say a word to them.
 

Johney

Well-Known Member
I don't understand how people can get intimidated. If you are harassed do this.
1.Tell them ok you win I'll vote yes,just leave me alone.
2.They should then leave you be.
3.Get ballot and vote what you want.yes or no. How are they going to know?
If you argue they will continue. I have heard zilch from our management team regarding the contract.
 

UpstateNYUPSer(Ret)

Well-Known Member
Freedom of Speech

tell your Management person to show you in the contract agreement where you CAN'T discuss it

Look under Union Activities and you will see that this is covered.

As I said earlier, there is nothing wrong with two people working side by side discussing the contract, as long as the work is getting done.
 

Bagels

Family Leave Fridays!!!
As UPS is compensating you for your time, it has every right to censor your conversations - including asking you not to talk period - while on company time. A CBA does not supersede these rights. You're welcome to discuss the contract before work, after work and on lunch/breaks-but not company time. It isn't worth challenging because the laws are clear.
 

Xexys

Retired and Happy
Hell, UPS doesn't even like it when you are smiling at work. I remember management separating myself and a co-worker because we were laughing.
 
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