Forced off Saturday bid job for December

Discussion in 'UPS Union Issues' started by specter208, Dec 8, 2019.

  1. specter208

    specter208 Active Member

    Need a second opinion, would appreciate.

    Can a T-S PTer with a bid for Saturday carparking (backup during the week) be forced off the job by a M-F FT 22.3 being asked to come in. Was told before by BA that since he is M-F that he can't come in and bump me on Saturdays. Management wants to use me inside and keep this other employee parking cars for peak. The excuse is that because it is December, management can put me wherever they need me and don't need to honor the bid job and that we are all forced for M-ST.

    Steward says that because we are all forced M-Sat, they must honor his seniority and let him car park before me with the regular scheduled bid on sat.

    Western Supplement Article 6.4 makes exception only for NEW or VACANT PT preferred jobs can be filled at management discretion for December. The job is a different nature and already mine (past practice established) and there is no new opening available. I don't think that car parking would be considered a preferred job like preload,unload, sorting, etc.

    Western Supplement Article 20.3 defines work week for PT as M-F or T-S, I am already T-S

    Southwest Package Rider Section 10.3
    Workday-workweek for all other Full-Time employees. No employee with seniority date prior to August 1, 2018 will be forced to a T-S work week unless mutually agreed to or bid into. There fore, Saturday is not contractually forced and is still extra work and seniority cannot be used to bump PTer with regular bid in Car parking for Saturday.

    I couldn't find language for a PT T-S be forced to a M-F schedule and Saturday becomes extra work all of a sudden either. Nor could I find language that the company can force 6 day workweeks for peak.

    Thanks for your help and opinions. God bless.
     
  2. 542thruNthru

    542thruNthru Well-Known Member

    Your best option is to contact your BA.

    I will say that local 542 just went to panel for this switching or work week schedules and it was mainly for preload.

    It was made clear that the company had to establish who was M-F and who was T-S and could not change it in order to not pay premium pay. It was also established that the company per the contract could not schedule a 6 day week. They had to ask for volunteers from the top and force from the bottom each week.

    So if the same holds true to your local(which since we are in the same supplmental/rider) I'd have to assume that the M-F guy is coming in for extra work and should not be allowed to bump you out of your job.

    Though this is just my opinion and again I would recommend contacting your BA.
     
    Last edited: Dec 8, 2019
  3. UnconTROLLed

    UnconTROLLed perfection

    If they are forced in, I say they should be able to bump you. Because they have seniority over you on a scheduled or "forced" work day, not an extra work day. But that is jmo and probably wrong
     
  4. specter208

    specter208 Active Member

    I agree, my steward also told me that I could be getting screwed out of DT pay for Monday and sure enough. My check this morning showing no DT.
     
  5. specter208

    specter208 Active Member

    This is like saying the company has to honor the higher seniority. Except that the 22.3s seniority has already been violated by being forced in for Saturday work when the contract states that no employee with seniority before 8/1/18 can be forced to switch schedules.

    Therefore he is not contractually forced and can choose not to show up if he desires and not be in violation of the contract. If he does show up he has basically volunteered for extra-work and cannot use seniority to bump a regularly scheduled employee with less seniority from their regular bid job. No bid has been opened for a second carparker needed on Saturdays and since the 22.3 is a combo job. Their 8 hour request can guaranteed by offering alternative work for the day of Saturday.