UPS says you have to go on meal while you wait on meet man? Changes coming.

Discussion in 'UPS Discussions' started by STLFeeder, Nov 20, 2013.

  1. STLFeeder

    STLFeeder Need LS7 powered PKG car

  2. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    How bout the cliff notes version?
     
  3. scratch

    scratch Least Best Moderator Staff Member

    I liked the part where UPS had to post the decision on the bulletin board for 90 days so that everybody could read it. Did the driver take his job back?
     
    Last edited: Nov 20, 2013
  4. STLFeeder

    STLFeeder Need LS7 powered PKG car

    He tried to show up for work and they wouldn't let him on property
     
  5. over9five

    over9five Moderator Staff Member

    Wow. Makes you proud to be an employee, doesn't it?
    ​Well, at least he gets paid till they reinstate him.
     
  6. oldngray

    oldngray nowhere special

    It looks like UPS wanted to make an example of him and it backfired.
     
  7. STLFeeder

    STLFeeder Need LS7 powered PKG car

    Just a good example of a feeder manager that holds grudges and isn't above breaking the law to fire someone.
     
  8. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Don't know if you all have the same guy now or not but a few years ago I heard your feeder department was a train wreck. Heard your feeder manager was as bad as it gets.
     
  9. STLFeeder

    STLFeeder Need LS7 powered PKG car

    Yep, same guy. Refuses to help any other center out. All about cut cut cut. We're down probably 70 drivers and who knows how many jobs since he took over 8 years ago. Lawsuits galore against him and the company and they just leave him in there.
     
  10. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Stay classy, UPS.

    It's not as though this is an isolated example, either

    UPS wants ignorant, uninformed workers...who can't afford to go out for a few years unpaid, thus taking whatever abuse they're given.
     
  11. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Cliff notes for the reading impaired...The UPS "Mindset"

    Q. Okay. Now, Mr. Bishop, while he was at Booneville, Missouri waiting for
    another driver to bring him a set, he was not relieved of the responsibility for his
    equipment, was he?
    A. Well, during the deposition I know that I am on the record for stating that he
    was not. Obviously, my statement was inconsistent with the companyfs policy
    and since this hearing, I have reached out that what I stated was inconsistent with
    company policy.
    Q. Okay. Well, the policy at the time of Mr. Bishopfs discharge is that when hefs
    taking a meal break, at least for Earth City feeder drivers, when Mr. Bishop was
    taking a meal break or was at the Bobber Truck Stop, he was not free to be able to
    play a round of golf if he wanted to, or go to the driving range, right?
    A. Well, that was his understand and that was our understanding.
    Q. So the policy was, at least for, as to Earth City based drivers, was that he has to
    take care of the equipment and be in close attendance to it during his meal break,
    correct.
    A. I wouldnft call it a policy, sir. That was our mindset at the time.
    ....

    According to Respondent, the feeder supervisors who testified at the hearing regarding
    their understanding in June of 2011 that feeder drivers were not free to play golf or go to the
    driving range while they were on gmealh testified that their understanding and belief came from
    their observations of what feeder drivers like Bishop actually did when they were on meal at 1:30
    in the morning, and did not come from a UPS policy. Respondentfs Reply Brief at 5-6.
    The supervisors quoted above avoided, sometimes with difficulty, using the word
    gpolicyh or grequirementh to describe the companyfs practice in Earth City. Whether the
    appropriate term for what the company was doing in Missouri in June 2011, is gpolicy,h
    gpractice,h gexpectationh or gunderstanding,h the supervisorsf testimony, nevertheless,
    establishes that Complainant was not allowed to pursue activities of his own choosing
    and was not relieved of responsibility for his equipment as he waited for the meet driver
    at the Bobber Truck Stop. In an unusually unequivocal response for the supervisors, Mr.
    Worthy testified gAt the time of this case, thatfs righth when asked if gat least within your
    district, that driver is not allowed to leave the truck unattended and say, for example, take
    a cab and go do something, shoot pool or anything like that?h Tr. at 39. Similarly, Mr.
    Fogerty answered affirmatively when asked if drivers are not allowed to leave their sets
    during their lunch break. Id. at 120-122.
    The testimony above demonstrates that Complainant was not free to pursue
    activities of his own choosing and was not relieved of responsibility for his equipment as
    he waited for the meet driver at the Bobber Truck Stop. Nevertheless, he was required to
    go on meal break. Therefore, I find that Complainantfs reporting of his time waiting for
    the meet driver as gon dutyh was accurate.
     
  12. bluehdmc

    bluehdmc Well-Known Member

    I hope he gets his money and it doesn't get tied up in appeals. There was a manager in North Jersey that won an $800K settlement from UPS, I was told the company was appealing it. That wasn't a Dept of Labor decision though.
     
  13. oldngray

    oldngray nowhere special

    UPS will continue to fight it and let it drag along in the courts. They don't want a precedent set over this case.
     
  14. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    I wonder if UPS management expectation/policy/understanding has changed recently in regards to feeder drivers taking meal break at turnaround?
     
  15. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    SOP for sure.

    ​It will be years before this is settled.
     
  16. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    This also applies to air drivers who are forced to take lunch while stuck at airport turn-arounds.
    Baba Gounj can attest to this, iirc.
     
  17. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    The big change associated with this, as I can interpret, is that drivers at t/a will no longer have to keep their vehicle in sight and they are not responsible for the security of the vehicle while on break.
    If there is a driving range next door, they can go hit some golf balls.

    ​I would think most airport t/a would be secure but if not, UPS may have to eat the time if driver has to stay close to vehicle.

    Looks like feeder schedulers have some investigative and creative thinking to do.
     
  18. brett636

    brett636 Well-Known Member

    When I was air driving, I got to fill in for our shuttle drivers from the time to time driving NDA to Louisville. There was a period where management started instructing us to go to lunch while we were waiting on the truck to get unloaded, but all of a week later management changed their stance and began instructing us to NOT take a lunch during TA time. I wasn't quite sure at the time why they changed their tune so fast, but perhaps the logic followed in this decision was something my supervisors realized before it got to this point? This was around 2009.
     
  19. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    UPS is made up of many individuals - some are smarter, some have more foresight and some are just bigger :censored2::censored2::censored2::censored2::censored2::censored2::censored2:s than others.
    Even the court summary indicated forcing drivers to stay with vehicle, or keep in sight or be responsible for the security thereof was not a UPS Policy and the particular manger and supervisor were not aware of this being against STAA and DOT rules.

    The amounts awarded are very small and reasonable so the court did not find gross negligence to be in play.
     
  20. oldngray

    oldngray nowhere special

    Its not the money but UPS is afraid of the repercussions from losing the case.