Getting Cut After Arriving

[crashoverride66]

Tonight I was cut as soon as I got to work and since I have hit seniority I asked to get my 3.5 hours in. However, a full time sup came to my PD and told me that the I'm only guaranteed those hours if I've worked for part of the night. And since I was cut on arrival I wasn't guaranteed any hours. Is this something I can take to a union rep or is my full time sup correct?

 

[22.34life]

Tonight I was cut as soon as I got to work and since I have hit seniority I asked to get my 3.5 hours in. However, a full time sup came to my PD and told me that the I'm only guaranteed those hours if I've worked for part of the night. And since I was cut on arrival I wasn't guaranteed any hours. Is this something I can take to a union rep or is my full time sup correct?

NO he is not right,if you show up at work and ON TIME you are guaranteed your 3.5 hrs, period, dont let anyone tell you different.the next time this happens tell your friend/t sup you want a union steward.always remember that a friend/t sup will tell you anything and love to take advantage of young newhires that dont know any different.

 

[crashoverride66]

Thanks.

 

[22.34life]

Thanks.

are you a seasonal worker ,because if you are you are not guaranteed 3.5,i should have asked you that before.

 

[crashoverride66]

No, I've been working there since the beginning of summer. So I'm the bottom seniority on my PD and that's why he said I had to go, even though I've hit seniority.

 

[22.34life]

No, I've been working there since the beginning of summer. So I'm the bottom seniority on my PD and that's why he said I had to go, even though I've hit seniority.

ok,if you have senority since then and show up to work on time they have to work you 3.5 hrs.if it is a layoff situation meaning that they are laying off because there is not enough work senority goes building wide,talk to your steward and they will tell you everything you need to know.

 

[JonFrum]

Check your regional Supplement for language regarding Reporting to Work, and Layoff by Seniority.

In my area, if you are laid off for the day, you must be the junior person on the seniority list, and Management must tell you the night before. If you report to work as scheduled, you are guaranteed 3.5 hours work or pay.

Talk to your Steward. He should know the proper layoff procedure for your area, and will try to settle the matter with Management if appropriate. He may advise you to file a grievance if he can't get it resolved.

The language in the National Master is:

ARTICLE 22. PART-TIME EMPLOYEES
Sections 5.Wages
"All part-time employees governed by this Article shall be provided a minimum daily three and one-half (3-1/2) hour guarantee."

Notice it says All and it doesn't say anything about having to work part of the night to qualify for the guarantee.

 

[UpstateNYUPSer(Ret)]

If you were not notified in advance that you would not be working and showed up on time you are guaranteed 3.5 hours. File a grievance.

 

[Nimnim]

If you decide to file a grievance you should have 5 working days to file, may vary by supplement, and a steward can help you fill it out. As JonFrum said it's article 22 section 5 for the applicable articles violated.

Just a friendly warning though, filing a grievance will paint a target on you, so be prepared to be watched a little more carefully for awhile.

 

[some1else]

No target. The ft sup will say he asked the noob to go home and he did. He is not owed his 3.5. When the supervisor asks you to go home you say i would like to work my 3.5 or be paid my guarantee. Since he did not he has 0% chance of winning a grievance. Be polite and ask to work or be paid gaurantee they will find someone that wants to leAve or find something else for you to do.

 

[Nimnim]

No target. The ft sup will say he asked the noob to go home and he did. He is not owed his 3.5. When the supervisor asks you to go home you say i would like to work my 3.5 or be paid my guarantee. Since he did not he has 0% chance of winning a grievance. Be polite and ask to work or be paid gaurantee they will find someone that wants to leAve or find something else for you to do.

I'm pretty sure the OP mentioned they did ask for their 3.5. It'll come to down to some "he said she said" but if the OP is truthful I say it's a valid grievance with merit that can win.

 

[over9five]

..... a full time sup came to my PD and told me that the I'm only guaranteed those hours if I've worked for part of the night....

The Sup LIED to the OP, pure and simple. File the grievance.

 

[UPSGUY72]

If you were not notified in advance that you would not be working and showed up on time you are guaranteed 3.5 hours. File a grievance.

Also if you show up to work and they say there is no work DON'T AGREE TO GO HOME if you do then they will say you didn't want to work that day and they gave you the day off. If they say there is no work tell them they need to find you something to do for your 3.5 hrs. If they give you a hard time ask to speak with a steward and file a grievance. I would also give my BA (business Agent a call and let them no what is going on).

 

[some1else]

Nim and over9 im not saying that is right its just how it works. The sup will get the person to go home (lie intimidate or however) and by going home you are giving up your guarentee. But just be tough about it and after a couple times they wont even ask you anymore

 

[UnconTROLLed]

No, I've been working there since the beginning of summer. So I'm the bottom seniority on my PD and that's why he said I had to go, even though I've hit seniority.

GRIEVANCE!!!! You may catch some heat, however you will certainly show that you're no fool.

 

[over9five]

GRIEVANCE!!!! You may catch some heat, however you will certainly show that you're no fool.

Exactly. They disrespected you, they'll know not to next time.

 

[Nimnim]

Nim and over9 im not saying that is right its just how it works. The sup will get the person to go home (lie intimidate or however) and by going home you are giving up your guarentee. But just be tough about it and after a couple times they wont even ask you anymore

I probably misinterpreted your post, but I agree with you here. Management in general likes uninformed new hires that don't know their rights, and they'll do whatever they can to keep it that way fairly often.

At this point though the choice is file or not, the grievance is valid, if grievance is filed there won't really be a need to act tough to stop this. If the grievance isn't filed I'd say let the FT know that you know your rights and won't get sent home like that again without filing.

Point to crashoverride66 though, if you're late I'm pretty sure you forfeit your 3.5 guarantee.

 

[PT Stewie]

IBT National Agreement Page 160 memorandum of understanding . If you show up and they force you to leave without prior notice they pay you three.Language is a little vague but that is it's intent .Specifically for pt'ers . File a grevience.
PS It also states if you leave voluntarily "say it's ok" you forfit your guarantee.

 

[UnconTROLLed]

You do not automatically forfeit your guarantee if OTHERS are late and are not sent home as well. Have your steward check time records, if that is the case. You can file for 3 if others were not sent home while punching late.

One of the tricks last year was Thanksgiving and Christmas, the Division Manager went around to every new-hire part-timer and told them they did not get time and a half for working the holiday and they had to go home! This was because volume was below the projections and he wanted them out! Some did leave unknowingly, but not enough. Very typical of the deception that goes on.

If there was anything I had a question about, I'd always ask to have a sit-down with a steward. If the manager or sup changed their tune pre-meeting and said "okay, well, this time I'll take care of you, we don't need to get <stewards name> involved", you knew it was a lie. (it happened often until I sat down and read the contract 1000 times)

Other than knowing the contract inside and out, this is probably the best way to do what's right.

 

[JonFrum]

IBT National Agreement Page 160 memorandum of understanding . If you show up and they force you to leave without prior notice they pay you three.Language is a little vague but that is it's intent .Specifically for pt'ers . File a grevience.
PS It also states if you leave voluntarily "say it's ok" you forfit your guarantee.

I don't think the Memorandum was intended to apply to situations where Management forces a part-timer to leave. It applies when the part-timer leaves voluntarily.