I’m a HVD pick off on my belt with 6 years seniority. Sometimes my PT supervisor will send me home before he sends home some of the loaders (all of whom have less seniority than me). I tell him that I want to stay and that I have more seniority than most of the people working in my area. He says that it isn’t based on who has the most seniority, but who has the better performance. I tried to look in the contract but I couldn’t find anything. Does anyone know if my seniority allows me to stay later than someone who hasn’t been there as long? Or is the PT sup correct?
Does seniority determine who gets to work more hours?
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UpstateNYUPSer(Ret)
Well-Known Member
Seniority is addressed in the contract--not performance. Tell him you want your 3.5 hr guarantee. File a grievance is he insists upon pushing the performance issue.
UpstateNYUPSer(Ret)
Well-Known Member
If you are getting your guarantee you may be out of luck as far as a grievance goes, although I would still think that seniority dictates who stays or goes.
What Suppl. are you under, in my area, senior employees can stay. In Art. 63 of the Suppl. that covers my area states you have the right to stay, but the other employees are allowed to finish the day's work they have been signed. So, under my area if the loader is not finished then i could not bump him if he is not finished the work he has been signed. If there is extra work in the building then it goes by senior employees. Also there is another but to this, if that lower senior employee has gotten his 3.5 hr and is not finished and you want to finish then you can bump at that time he or she got his 3.5 in, then the work becomes extra. This may not be the true with your Suppl. We filed this issue 6 years ago and we won the agreement.
washington57
Well-Known Member
pretty cut and dry. your sup is full of it. grieve ever day you were sent home before a junior employee.
Absolutely
Was at the AAPGC last year we had a grievance at this panel meeting last year. Very same issue they ruled for UPS enforcing what our suppl stated. I was there and three others to give statements. We still lost. They stated that if the Jr. employee has not completed the day's signed work he could not be bumped unless he or she has complete 3.5 then his or her work may become ex. work. We felt we were right but they ruled in this way. That is they the union has allowed it to work since the ruling from the AAPGC. We don't even try to fight it again our BA just push aside the issue.
I’m in Texas, so I’m assuming Central.
Okay so as long as they are getting their 3.5 then anything after that is fair game. I’m just tired of coming down from the HVD and being sent home when I know there is still work to be done. Granted it’s not much but it all adds up. Thanks for the replies guys.
UnconTROLLed
perfection
The point is seniority always wins.
whether or not a seniority person can bump someone who hasn't recieved 3.5 yet is ludicrous and I don't think is what the OP is talking about. If a junior PT'er is getting OT and you are in the same work area and qualified to do the work, then you should be grieving it.
The sole exception are FT'ers which will trump any senior PT'er.
I wouldn't even ask to stay....just grieve it, free money! Eventually they will be asking YOU to stay.
whether or not a seniority person can bump someone who hasn't recieved 3.5 yet is ludicrous and I don't think is what the OP is talking about. If a junior PT'er is getting OT and you are in the same work area and qualified to do the work, then you should be grieving it.
The sole exception are FT'ers which will trump any senior PT'er.
I wouldn't even ask to stay....just grieve it, free money! Eventually they will be asking YOU to stay.
brownIEman
Well-Known Member
The point is seniority always wins.
whether or not a seniority person can bump someone who hasn't recieved 3.5 yet is ludicrous and I don't think is what the OP is talking about. If a junior PT'er is getting OT and you are in the same work area and qualified to do the work, then you should be grieving it.
The sole exception are FT'ers which will trump any senior PT'er.
I wouldn't even ask to stay....just grieve it, free money! Eventually they will be asking YOU to stay.
You bring up a good point. Is it possible there is a misunderstanding here? The OP stated his sup told him he could not bump because it is based on performance, not seniority. Everyone here knows that is simply a silly statement, neither the union nor the contract they agree to cares a wit for performance. But what if the sup is misguided and is actually thinking of skill? If the OP is wanting to bump say a preloader or a clerk, but they are not qualified to do those jobs, they would not be able to bump.
grgrcr88
No It's not green grocer!
I don't think you would have a winning case, but you never know until you try. This would be akin to a driver filing a grievance for a lower seniority driver staying later than themselves. You are only contractually guaranteed 3.5 hours. It would not likely be considered extra work so seniority would probably not apply.
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