Working before start time

Discussion in 'UPS Union Issues' started by altstewie, May 28, 2012.

  1. altstewie

    altstewie Combo Hopeful

    Hey i know theres the big arguement with drivers starting early, how about preloaders starting early? At my building lots of people will start anywhere from just a couple minutes to 15 minutes before start time. Most just get totes set up in their work area. Some will get the side panels that protect from fallen packages onto the belt and as well move unload rollers and remove send agains. Ive talked with management and they had a pcm for not working before start time and you could have discipline. Still many work for free. We used to have people set up each belt 10-20 minutes early but they took it away. Should i file on it, with co-workers getting :censored2: off for ratting them out or ignore and let people keep working for free and focus on other issues.
     
  2. over9five

    over9five Moderator Staff Member

    If you're a steward, you know what must be done. You're not there to make friends!
     
  3. rod

    rod retired and happy

    pick your battles wisely grasshopper
     
  4. brown_trousers

    brown_trousers Active Member

    aside from stewards, I thought there was some contract language forbidding union members from snitching/spying on other union members.
     
  5. bigblu 2 you

    bigblu 2 you Active Member

    find some red cross brochures and pass them out to offenders,tell them they the red cross appreciates volunteers more than ups.
     
  6. JonFrum

    JonFrum Member

    It's in the IBT Constitution, and in the Membership Oath of your Local Bylaws as well. In theory you can be brought up on charges for violating the Oath.

    "Article II --- JURISDICTION, MEMBERSHIP AND ELIGIBILITY TO OFFICE
    Membership
    Section 2(a). Any person shall be eligible to membership in this organization upon compliance with the requirements of this Constitution and the rulings of the General Executive Board. Each person upon becoming a member thereby pledges his honor; to faithfully observe the Constitution and laws of the International Brotherhood of Teamsters, and the Bylaws and laws of his Local Union; to comply with all rules and regulations for the government of the International Union and his Local Union; to faithfully perform all duties assigned to him to the best of his ability and skill; to conduct himself or herself at all times in such a manner as not to bring reproach upon the Union; to take an affirmative part in the business and activities of the Union and accept and discharge his responsibilities during any authorized strike or lockout; that he will not divulge to nonmembers the private business of the Union unless authorized to reveal the same; to never knowingly harm a fellow member; to never discriminate against a fellow worker on account of race, color, religion, sex, age, physical disability, sexual orientation, or national origin; to refrain from any conduct that would interfere with the Union’s performance of its legal or contractual obligations; and at all times to bear true and faithful allegiance to the International Brotherhood of Teamsters and his Local Union."
     
  7. grgrcr88

    grgrcr88 No It's not green grocer!

    Actually that language could be used in this situation by the Steward here. Any employee working off the clock is in essence taking money away from either themselves or another union member. If you ask me that is knowingly harming another member.
     
  8. over9five

    over9five Moderator Staff Member

    None of that matters. The grievance would be against the company, not against the employees working off the clock.

    It is the employers responsibility to make sure it's employees are not starting early unpaid. Article 17.
     
  9. brown_trousers

    brown_trousers Active Member

    Very true.. In fact it is not a violation at all for someone to start early. It is only a violation for UPS to ALLOW them to start early (off the clock). Culpability falls on the employer, not the employee.
     
  10. Funfact

    Funfact Well-Known Member

    So you want to file a grievance to make the company stop people from working off the clock ???? Working off the clock could be considered anything even some like talking to you SUP about a problem you had the day before on your route before your start time.

    Pick your battle wisely they may come back to bite you. have you talk to any of these people and explain to them that they shouldn't be working off the clock and what would happen if they got hurt working off the clock.
     
  11. OptimusPrime

    OptimusPrime Active Member

    Wish I could find the paper. Was giving to me as part of my first 30 days. Or possibly on a review sheet. Something along the lines of "arrives at work early, and has his work area prepared". That could mean a lot of things to many different positions though.
     
  12. JonFrum

    JonFrum Member

    A grievance based on Article 17 could ask for one or two remedies, depending. Either you are trying to force Management to exercise its responsibility to prevent the employee from working in the future before his start time, or you are trying to force Management to pay the employee for the "off the clock" time already worked. Or both.

    It's the employee who started early who is entitled to be paid, not someone else.

    To bring the employee up on charges under the IBT and/or Local Union Membership Oath, you would file charges with the Local Union Executive Board. That would be a stretch.

    Anyone hurt while working "off the clock" would normally be covered by Workers Compensation, as "work-related" work. Oddly enough, UPS would probably not put up a fight since the alternative is for the injured employee to sue UPS privately, and that can run into much bigger bucks since, unlike Workers Comp, he could now ask for additional "pain and suffering" compensation.
     
  13. altstewie

    altstewie Combo Hopeful

    Actually everytime i talk to them the reasoning is either "i dont care" to being "i need a head start because theres not enough time" We used to have people setting up in each area but management took that away. Theyd rather have people do it for free. So im not trying to harm anyone or get anyone in trouble, i just want them paid for the work they do, and then the best to come out of this is that we can get the 15-20 minutes back for each area to set up.

    Based on some responses above, i cant believe someone would try to turn this against me for trying to get people extra time, instead of looking at the company for the reason for why this is happening.
     
  14. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    The ideal is for no employee to work off of the clock. We all know reality is far from being ideal. Mgt will always look the other way when an hourly wants to provide free labor. My building has several drivers who will come in a bit early to go through their loads or to help the preloader close out the car. I am one of those drivers and am fully aware of what I am doing and the money that I am throwing away. Since mgt likes the free labor it is up to the union to enforce the issue. The union has a very weak presence in my building so I don't see this changing anytime soon.
     
  15. bigblu 2 you

    bigblu 2 you Active Member

    you work for free?
     
  16. bigblu 2 you

    bigblu 2 you Active Member

    you throw away money?i took you as a more frugal type with all your knowledge and insight.
     
  17. LiB

    LiB New Member

    Part of the Safe Work Methods: Dress for the job, physically ready for the job, mentally ready for the job, work area ready. We don't pay to dress you, work out (well maybe that), or get your mind right, nor is job set up paid for. These people get their stuff ready to work. Sorry you get mad these people do what they are supposed to do. :sochildish:
     
  18. over9five

    over9five Moderator Staff Member

    You are incorrect. We get paid for "all time spent in service of the employer".

    This includes setting up your job. Article 17 of the contract that UPS agreed to.
     
  19. Coldworld

    Coldworld Well-Known Member

    If an employee was brought up on union charges,what would happen to them..best and worst case senerios???
     
  20. Integrity

    Integrity Binge Poster

    altstewie,

    This is against the law.

    The local union officials should be notified.

    If they choose to look the other way then a formal complaint should be filed with the Dept of Labor.

    Fair Labor Standards Act (FLSA) - Hours Worked Advisor

    Sincerely,
    I