can management kick you out of the building?

Discussion in 'UPS Union Issues' started by movelikemolasses, Feb 24, 2009.

  1. movelikemolasses

    movelikemolasses New Member

    last week i filed a grievence against my shift manager for doing union labor, yesterday she had me taken off the clock early and when i came down from secondary she started following me as i went looking for my shop steward. I ended up loseing her because the hub manager found her and started giving her crap.

    I was at the vending machines when she found me again, she then told me to get out of the building. Now I have been told by other Hourlys that the most management can do is tell u to get out of areas where people are activly working and that they cant kick you out of a break area.

    I couldnt find either of my shop stewwards yesterday and actually think they might be taking the week off and i would rather not wait a week to find out what my rights are here

    please and thank you for any advice
  2. gandydancer

    gandydancer New Member

    Yes, management can order you to leave the building after you've clocked out. At least here. I can't find the language inthe master, but I remember seeing it, so it's probably in a supplement. You were not on break and had no right to remain in a break area. However they do have an obligation to let you see a steward in the event you claim that you have a grievance over being ordered off the clock early, and if they do not honor that request they may be in violation of the following contract language:

    UPS NMA 02 - 08
    UPS NMA 08 - 13

    The Employer recognizes the right of the Local Union to designate Job Stewards and alternates from the Employer?s seniority list. The authority of Job Stewards and alternates so designated by the Local Union shall be limited to, and shall not exceed, the following duties and activities:
    (a) The INVESTIGATION and presentation of grievances with the Employer or the designated company representative in accordance with the provisions of the collective bargaining agreement:

    Recognizing the importance of the role of the Union Steward in resolving problems or disputes between the Employer and its employees, the Employer reaffirms its commitment to the active involvement of union stewards in such processes in accordance with the terms of this Article.
    The Job Steward or the designated alternate shall be permitted reasonable time to investigate, present and process grievances on the Company?s property without interruption of the Employer?s operation. Upon notification to his or her supervisor, a steward shall be afforded the right to leave his/her work area for a reasonable period of time to investigate, present and process grievances and to represent a fellow employee concerning grievances or discipline so long as such activity does not interrupt the Employer?s operations. The Employer will make a reasonable effort to insure that its operations are not interrupted by the steward?s engaging in such activity. The Employer shall not use interruption of its operation as a subterfuge for denying such right to the steward."

    In other words, rather than running from your shift manager you should have told her that you wished to grieve her order that you punch out in violation of seniority or other contract provision and requested the presence of a shop steward to investigate your grievance. It would then be up to her to afford a shop steward the the opportunity to investigate your claim, and any unreasonable refusal to do so would be itself grievable. Where you remained while they fetched the steward would be pretty much up to management, though if it were standing outside in the rain that would also be grievable, IMHO.
  3. Dark_Team_135

    Dark_Team_135 Member

    I think the point here is that this person was being told to leave the building because they had filed a supervisor working grievance the week before and management didn't want them around to see it again. I have been in this exact situation before (and I am a steward).

    The first thing is that you must "obey now, grieve later." There may be an issue about not being allowed to see a steward when requested, but I wouldn't want to be fired for not following instructions just to test it. The key here is; are they doing this to EVERYONE? You know they aren't. So I would file grievances on them for not allowing me access to a steward, harassment for union activity (filing the grievance about them working) and maintenance of standards (because they came up with a new rule that YOU have to leave the building immediately after clocking out).

    If you really want to stir up some have the Local file an NLRB charge for UPS discriminating against you for union activity. It will be deferred to the grievance procedure, but all of these go to UPS Corporate in Atlanta. I would also let your B.A. at the hall know about this and to get him to bring in several other B.A.s to do some "contract compliance" audits. I bet that will get them off your back.

    The bottom line is that management needs to quit doing bargaining unit work. If they weren't doing that, they would have no problem with you being in the building!
  4. Baba gounj

    Baba gounj pensioner

    on the lighter side...........................
    Back in the day when I was working double shifts, one time I needed a night off and I had no time off left in that year. Well I used to wear some rather wild t-shirts and we had this female sup who lets say objected to some of my choices. So I wore something that she did not like, she threw my off my shift & right out of the building. I got my night off & I enjoyed it.
  5. redshift1

    redshift1 New Member

    Asking an employee to leave the building is unusual if you are hanging
    around working operations looking for contract violations you are looking for trouble. Let the shop steward do his job if you can't find a steward go to the shift manager and voice your concerns. Don't become a self-appointed shop steward.
  6. UPSGUY72

    UPSGUY72 Well-Known Member

    Just remember to pick your battles. You filed a grievence last week. That lets them know that your watching what they do. Now just do your job as your suppose to and let the grievence play out.

    Don't get into a pissing match with management they are going to win short-term and can make your life hell. Just let your steward know what's going on.
  7. 705red

    705red Browncafe Steward

    Ask your agent to appoint you as an assistant or alternate steward, this way you can roam the building at will, preload, twilight saturday shifts.

    Im lucky to have a good group of stewards that i work with, and we do building sweeps on the preload and twilight shifts.
  8. redshift1

    redshift1 New Member

    Not the best advice, make the union rep do his job.
  9. 705red

    705red Browncafe Steward

    Do you expect the union rep to be in the building all the time? We have 11 reps here just for ups and still cant cover all the shifts round the clock.

    DO you have any idea how much we would pay in dues to have around the clock agents there?

    That's why we have stewards! We are the union and the rep should only have to deal with what we cant or what the company wont allow us to!
  10. drewed

    drewed Shankman

    Red I dont mean this with any disrespect but arent like 6 of the top ten BAs in the IBT for UPS in the 705 making 150k+?
  11. redshift1

    redshift1 New Member

    Oh I see now, employee pays union dues, employee does unions job. Sweet gig for the union.
  12. movelikemolasses

    movelikemolasses New Member

    ok thanks for the info and advice everyone, I personally think its kind of messed up that she has the right to kick me out expecially considering that i was not walking through any active areas but when my shop steward comes back (hopefully soon) im going to see about following Dark Teams advice and filing for harassment.

    I didnt include this in my original post but when she found me at the machines i was talking to another off the clock employee, she didnt say a word to him. on top of that she issued a order to my part time sup that under no circumstance is he to allow me to work after secondary has gone down.. kind of rough since secondary goes down as soon as 2.5 hours after the shifts starts

    on the bright side my full time sup is back from vacation next week and unlike my sort manager, he is not an *******
  13. gandydancer

    gandydancer New Member

    Cut-out has to be by seniority. And you've got a guarantee longer than 2.5. I like the idea that if you can get alternate steward status you may have the right to investigate supervisor-working issues...
  14. redshift1

    redshift1 New Member

    Sounds like a good course of action let the Union deal with management.
    If you have had previous disciplinary action aganist you it may affect your
    credibility so make sure your not picking a losing fight.
  15. backinbrown

    backinbrown respect my authority

    In the end you should work as directed

    leave building as directed

    and file grievance if there is a grievable offense
  16. redshift1

    redshift1 New Member

  17. some1else

    some1else Active Member

    using that logic the mgmt could order all union employees out of the building then do whatever w/o witnesses... kind of an extreme example but taking out the only employees who will grieve sup work issues and leaving the brownosers is basically the same thing.
  18. 705red

    705red Browncafe Steward

    Drewed you should only speak of what you know! Please take a look at this and show us were all the money is going!
  19. 705red

    705red Browncafe Steward

    The contract is in place to protect the employee! If the employee can not stand up for their rights than shame on them! Its up to the members and stewards to represent the contract and the agents are there to resolve what can not be resolved.

    You ever try being a steward? I think your thought process would change a lot if you tried it! You shouldn't judge someone unless you are able to relate to what they go through!
  20. redshift1

    redshift1 New Member

    Gratuitous rhetoric.