Can they do that??????

Discussion in 'UPS Union Issues' started by Mr.Brown, Dec 23, 2008.

  1. Mr.Brown

    Mr.Brown New Member

    Today all the preloaders were told to clock out because. The air tralior would not arrrive till 9:30 am, they were wanting all the supervisors to unload & sort it. The drivers were already out on route. I told my center manager I was grieving it I went home at 8:45 am and at 9:10 am I get a call from my center manager asking if I want to come back to sort? And that they would count the time I was off as a break!! Can the do that? Just to save on overtime?
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    It sounds as though they were hoping no one would speak up. You did and that is why they asked you to come back.
  3. gandydancer

    gandydancer New Member

    "Article 3.
    Recognition, Union Shop and Checkoff

    Section 7. Supervisors Working

    (a) The Employer agrees that the function of supervisors is the supervision of Employees and not the performance of the work of the employees they supervise. Accordingly, the Employer agrees that supervisors or other employees of the Employer who are not members of the bargaining unit shall not perform any bargaining unit work, except to train employees or demonstrate safety, or as otherwise provided in the applicable Supplement, Rider or Addendum.

    However, in the case of Acts of God, supervisors shall comply with the procedures in subsections (b) and (c) and may only perform bargaining unit work until bargaining unit employees are available. The Employer shall make every reasonable effort to maintain a sufficient workforce to staff its operations with bargaining unit employees. The Employer also agrees that supervisors or other employees of the employer who are not members of the bargaining unit shall not perform bargaining unit work in preparing the work areas before the start of the Employer’s hub, preload or reload operation, nor shall the Employer send any bargaining unit employee home and then have such employee’s work performed by a supervisor or other employees of the Employer who is not a member of the bargaining unit."

    Grieve it. You'll win. And provide your supes with a salutory lesson as well.

    As to what they could legitimately have done... What was your start time and what breaks had you been given? What State are you in? In some situations they could have put you, while waiting, on break or unpaid meal break... but what they actually did was a no-no.
  4. drewed

    drewed Shankman

    Sounds like they called back the workers so there wouldnt be anything to grieve?

    And if the employees had been called back thats effectively they did was put him on a meal break and that wouldnt be a no no. They may have gone about it the wrong way but thats about it, if I understand what he wrote correctly.....
  5. gandydancer

    gandydancer New Member

    Sheesh. No. Telling workers to clock out and go home is not "effectively" a meal break, or a break of any kind. And, no, there's no grievance if they didn't use supes to unload the trailer, other than possible seniority violations, but if Mr. Brown didn't go back I wouldn't, if I were him, take their word for that.
  6. New Englander

    New Englander New Member

    If he declined to come back - he can't grieve it. Though being called back in does guarantee a minimum of hours though.
  7. Mr.Brown

    Mr.Brown New Member

    i work in Missouri , my start was 3:25am and we had aer 10 min paid break at 6:30 am
  8. LU710

    LU710 New Member

    Brother, I agree with your thinking 100% on this issue. If a employee punches out and then returns to work and punches back in he should have another guarantee; but can you help me find contract language to support this? I am looking but don't see it although I think I have read it before.
  9. drewed

    drewed Shankman

    (b) Newly hired part-time employees
    All part-time employees, who are hired or reach seniority after August 1, 2002 2008 will be paid
    according to the following wage schedules:
    Hourly Rate
    Preloader Sorter All Others
    Start $9.50 $ 8.50
    Start plus ninety (90) calendar days $10.00 $10.50 $ 9.00 $9.50
    Seniority plus one (1) year $10.50$11.00 $ 9.50
    Seniority plus two (2) years $11.00 $11.50 $10.00
    Seniority plus three (3) years $11.50 $12.00 $10.50
    Seniority plus four (4) years $12.25 $12.87 $11.25
    Employees working high volume direct or low volume direct shall receive the preloader/sorter rates.
    (c) The wage rates and increases provided in (a) and (b) shall be a minimum.
    (d) All part-time employees governed by this Article shall be provided a minimum daily three and onehalf
    (3-1/2) hour guarantee.
    Section 6. Part-Time Employee Transfer
    Part-time employees who wish to transfer to another location for educational purposes may submit a
    written request to the Employer. If approved, the transfer shall be allowed subject to the following
    looks like it would be a daily guarantee
  10. New Englander

    New Englander New Member

    What does that have to do with anything here?
  11. drewed

    drewed Shankman

    You guys are saying if he came back he should have a guarantee on his first part and another one on his call back, that says its a daily guarantee so if he worked his 3.5 in the first part and worked 20 mins on his call back hed get paid for 3 hrs 50 mins not 7 hrs
  12. New Englander

    New Englander New Member

    I'll have to look again. I do remember reading somewhere when your called in you are guaranteed a certain amount of hours. Or something along those lines.

    HEFFERNAN Huge Member

    Sounds like you put management in its place with the grievance threat. But they also made out if they only called him back, and no one else.

    I also believe they conveniently called his punch-out/punch-in a break to evade a 3 1/2 hour guarantee, but I'm sure he was on overtime then if he was working the air.

    As long as its overtime, I would not grieve any guarantee
    Last edited: Dec 24, 2008
  14. steeltoe

    steeltoe New Member

    Article 57 in the Southern states:

    "Regular employees shall be guaranteed four (4) hours of pay or work in their classification at the applicable overtime rate when called back to work after completing their regular workday and having left the company property."
  15. gandydancer

    gandydancer New Member

    Is Missouri in Southern States? Anyway, Mr. Brown's refusal to come back -- if he did -- doesn't necessarily obviate his grievance over being sent home in contravention of the "reasonable effort" requirement. That's up to the Panel.

    "The Employer shall make every reasonable effort to maintain a sufficient workforce to staff its operations with bargaining unit employees... the Employer [shall not] send any bargaining unit employee home and then have such employee’s work performed by a supervisor or other employees of the Employer who is not a member of the bargaining unit."
  16. upsset

    upsset Member

    If he was not the most senior employee to be called back everyone above him can and should grieve the hours worked


    If you grieve it you would win 100%, but i'll be honest with you, its not worth it. Only grieve when it is a big issue. Im not a bad supervisor but i would say about 75% are. And if you grieve for this and get over on the supervisors you might as well start looking for another job, they will mess you over so much that you will quit. You will have no future with the company, u see those guys in the preload who been there 15 years..that will be you. Ive been in meetings where all the supervisors plotted on how to make an hourly quit or set him up to get fired. You will get a write up on your record damn near everysingle day and not even know it until you put in to go driving and denied because you have litterally 200 write ups in 1 year.

    If you plan on having a career in ups dont grieve it, just accept the loss. When you become a driver, thats when it will be time to mess over the superviors because your making decent money. But even then supervisors will still messyou over. You will all of a sudden get a messed up preloader, you will be forced to deliver the misloads, no help and you will get in trouble for coming back to the building so late. There is no win vs management. Im not even being a creep about it, its just the truth.

    Also if mangement called you back and skipped the senority guys that means your a known hard worker who they can count on, thats a very good spot to be in if you plan on having a career. You dont want to jeprodize that trust.
    Lasted edited by : Jan 4, 2009
  18. Reno Zepher

    Reno Zepher New Member

    Mr. Brown where I'm at. I would Grieve it in a Heart Beat. If they are writing you up for everything little thing all you have to show is that they are doing that under Article 21. Union Activity. Also get the reports on all the other people who have made the same mistakes and got no discipline at all. This is so easy.
    But NY boy is right they will mess with you all they can. If you do your job it's hard to fire you for that.
    In our Center you can go driving on your seniority. I'm not familiar with these 200 write ups and not being able to go driving. Get with a shop steward where your at and go over it with him/her.
    If you keep allowing these things to happen they don't get any better. The Contract is written in your favor. Use it.
    My Brotherahhhh Knowledge is power.:happy-very:
  19. combogirl

    combogirl New Member

    You have got to be kidding me!!!!! I dont know what kind of employees work for you but you would NOT pull that crap on me. In fact you would not pull that on most of the people who post here.

    You are unbelievable.
  20. How does any of that fly? There is a part of the contract that mentions harassment and that is EXACTLY what you're describing. If the workers you mention are being subjected to that type of behavior then they are some of the dumbest employees ever for not grieving it.

    They are jeopardizing nothing, promotion is seniority based for most union employees provided they can pass the driving test. Granted they can make it difficult (the probationary period for a driver) but eventually they'll get grieved for it as well if the person is smart.

    I'm sure it happens somewhere at my building to some degree as well (though I've never been at a meeting for your building) but not to someone who is in the right for calling us out when we screw up (not saying that type of harassment is justified either).