back pay for employee after getting seniority date corrected (on topic)

[UPSmechanicinblue]

Looking for help for an employee on getting his back pay after his seniority date was corrected with a grievance. He was around a year off on his date. He kept working with HR to get it corrected. That didn't work so a grievance was turned in- turned out grievance wasnt properly filled and not turned in on a timely matter so they just agreed on just his seniority date to be changed with no back pay. Now a grievance has now been filed and turned in to get back pay. Has anyone experienced this in the past? I know of drivers who had switched jobs and where paid at a wrong higher rate and after company found out they had pay deducted from their check to recover the over payment. Thought maybe a petition signed by everyone for the company to do what is right would maybe help. Any ideas or help would be greatly appreciated. Thanks

 

[Trucker Clock]

Looking for help for an employee on getting his back pay after his seniority date was corrected with a grievance.

The seniority was not corrected with a grievance. The grievance was null and void being untimely.

so they just agreed on just his seniority date to be changed with no back pay.

Who’s they. The Union and the Company?

Now a grievance has now been filed and turned in to get back pay.

Wait. They agreed to fix his seniority date with no back pay and now he wants to file for back pay?

This goes against the agreement, does it not?

Has anyone experienced this in the past?

Yes. At least a year later, he wants to file for back pay?

The same thing will happen that happened with the original grievance. Untimely.

Thought maybe a petition signed by everyone for the company to do what is right would maybe help.

Which Company do you work for that you think a petition for the Company to do what’s right has even a remote chance of doing anything?

 

[Trucker Clock]

I know of drivers who had switched jobs and where paid at a wrong higher rate and after company found out they had pay deducted from their check to recover the over payment.

That is a payroll error. I think payroll errors can go back 6 months to be corrected, on either side.

His situation is not a payroll error. It is a seniority date issue. He was paid correctly based on his seniority date at the time.

 

[Thebrownblob]

I have successfully won dozens of people backpay, as well as fixed seniority. The key is the way you file it, definitely asked to be made whole.

 

[UPSmechanicinblue]

Thanks all for the input- I will share with employee- asked to be made whole was the mistake I believe on the original grievance - was hoping there maybe another option

 

[Trucker Clock]

I have successfully won dozens of people backpay, as well as fixed seniority. The key is the way you file it, definitely asked to be made whole.

More than a year later?

 

[Thebrownblob]

More than a year later?

Last guy was two years, backpay, not penalty pay.

 

[Trucker Clock]

Last guy was two years, backpay, not penalty pay.

Very good.

 

[Johney]

Last guy was two years, backpay, not penalty pay.

Isn't there no time limit on monetary grievances?

 

[BigUnionGuy]

That is a payroll error. I think payroll errors can go back 6 months to be corrected, on either side.

Isn't there no time limit on monetary grievances?

In the Central Region Supplement, it would fall under Article 4.... Maintenance of Standards.

"It is agreed that the provisions of this Section shall not apply to inadvertent or bona fide errors made by the Employer or the Union in applying the terms and conditions of this Agreement if such error is corrected within ninety (90) days from the date of error."

But also, with this caveat.

"Any disagreement between the local union and the Employer, with respect to this matter, shall be subject to the grievance procedure."

https://teamster.org/wp-content/uploads/2018/12/ups18centralregionsupp.pdf

That kind of (in my mind) explains how @Thebrownblob's local got that much back pay ?

All supplements have the Maintenance of Standards language, but some don't define a timeline.