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UPS Union Issues
Disqualified from Feeders First Time, was Given 3 Year Probation (On Topic)
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<blockquote data-quote="BigUnionGuy" data-source="post: 3098021" data-attributes="member: 4992"><p>There's nothing to lose by filing a grievance.</p><p></p><p></p><p>You didn't state what supplement you are covered by, so the only frame of</p><p></p><p>reference I have is the Central Region language. It states that if you</p><p></p><p>self-disqualify on your first attempt, you wait 1 year. If you fail to qualify</p><p></p><p>or self-disqualify on your second attempt.... you must wait 3 years.</p><p></p><p></p><p>I'm guessing that's why you didn't have to wait 1 year the first time.</p><p></p><p></p><p></p><p></p><p></p><p>I don't see how that would apply in this situation.</p><p></p><p><em><strong></strong></em></p><p><em><strong>"Independent past practice</strong>, not addressed by any contract language. Most often these are “benefits” that workers take for granted and so were not included in the contract.</em></p><p><em></em></p><p><em>Example: There have always been vending machines in the cafeteria and free parking in the company lot. Management cannot just do away with these benefits.</em></p><p><em></em></p><p><em>Management can terminate independent past practices under three conditions:</em></p><p><em></em></p><p><em>It can prove the original conditions that started the practice have changed significantly.</em></p><p><em></em></p><p><em>It can prove significant ongoing employee abuse of the practice.</em></p><p><em></em></p><p><em>It notifies the union during contract negotiations that it will end the practice during the next contract.</em></p><p><em></em></p><p><em>Even in the first two situations, the employer must bargain with the union before ending the practice.</em></p><p><em></em></p><p><em>Most arbitrators will not extend these past practice rights to work methods.</em></p><p><em></em></p><p><em>An example: Management wants workers to run three machines instead of two, claiming new technology makes them easier to run. The union probably cannot claim it is a past practice that workers run only two machines. However, the union can demand that management bargain over a change in working conditions."</em></p><p><em></em></p><p><em></em></p><p>I think your best bet would to be file a grievance (and include all arguments)</p><p></p><p>with the basis of it being, they are 2 different job classifications.</p><p></p><p></p><p>They are both driving jobs.... but, require 2 different skill set's.</p><p></p><p>It's unfair to compare the two (in this context) as far as disqualification purposes.</p><p></p><p>That's the route I would take. You're in a tough spot.</p><p></p><p>Good luck.</p><p></p><p></p><p></p><p>-Bug-</p></blockquote><p></p>
[QUOTE="BigUnionGuy, post: 3098021, member: 4992"] There's nothing to lose by filing a grievance. You didn't state what supplement you are covered by, so the only frame of reference I have is the Central Region language. It states that if you self-disqualify on your first attempt, you wait 1 year. If you fail to qualify or self-disqualify on your second attempt.... you must wait 3 years. I'm guessing that's why you didn't have to wait 1 year the first time. I don't see how that would apply in this situation. [I][B] "Independent past practice[/B], not addressed by any contract language. Most often these are “benefits” that workers take for granted and so were not included in the contract. Example: There have always been vending machines in the cafeteria and free parking in the company lot. Management cannot just do away with these benefits. Management can terminate independent past practices under three conditions: It can prove the original conditions that started the practice have changed significantly. It can prove significant ongoing employee abuse of the practice. It notifies the union during contract negotiations that it will end the practice during the next contract. Even in the first two situations, the employer must bargain with the union before ending the practice. Most arbitrators will not extend these past practice rights to work methods. An example: Management wants workers to run three machines instead of two, claiming new technology makes them easier to run. The union probably cannot claim it is a past practice that workers run only two machines. However, the union can demand that management bargain over a change in working conditions." [/I] I think your best bet would to be file a grievance (and include all arguments) with the basis of it being, they are 2 different job classifications. They are both driving jobs.... but, require 2 different skill set's. It's unfair to compare the two (in this context) as far as disqualification purposes. That's the route I would take. You're in a tough spot. Good luck. -Bug- [/QUOTE]
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Disqualified from Feeders First Time, was Given 3 Year Probation (On Topic)
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