Golf Cart "Drivers"

[LeadBelly]

From what I've heard (and this is certainly hearsay) as UPS was negotiating to reduce many pending OSHA fines, a settlement agreement was reached and part of the deal was future strong employee involvement to reduce unsafe situations. The IBT stepped in and offered union co-chaired committees that should be employee driven to reduce unsafe activity. It works in some locations depending on how much the local union is involved (we ask our stewards to be on every committee), but UPS as always doesn't yield control of anything easily.

Thank you for your insight. I’m going to start digging...

 

[Article 3]

You are correct.

After a little research, the only P5 under 10,000 was the Ford version and the last one they ordered was in 1990.

I'm sure there are no P30 or P40 package cars left in the fleet, so that would just leave the P47 (Sprinters) and some of the vans that would be under 10,000 lbs

I'll check the Workhorse 500 model on Monday. The mechanics said those have a one ton chassis. Nice.
Heck, there's 800s plated with 26,000 lb stickers on them (without trailer hitch). I'd have to be the one driving an 800 maxed out at even close to that weight and have to stop quickly in an emergency.

 

[Article 3]

The ongoing information duel, between sMugarolla and Article Pee is too close to call?

Lol

 

[rod]

View attachment 169587 View attachment 169588
Lol

I've graduated to peeing off a deck now

 

[Article 3]

I've graduated to peeing off a deck now

Thus, the nickname Rod?

 

[rod]

Thus, the nickname Rod?

No way----how I got that is another story.

 

[Article 3]

That's interesting.



This should not have been a problem from day one, and I would have fought this tooth and nail. Driving on road is different, in my eyes.



Yes I can.

I have a little more research to do. Thank you.

It was determined that if the law did not restrict them from driving a vehicle on public roadways it was allowed and a valid driver's license was the basis of the right to drive a vehicle that did not require them to pass a DOT exam.

 

[Mugarolla]

It was determined that if the law did not restrict them from driving a vehicle on public roadways it was allowed and a valid driver's license was the basis of the right to drive a vehicle that did not require them to pass a DOT exam.

After doing considerably more digging and research, thanks to you, it looks like you are correct about driving a non-DOT regulated vehicle, as you noted in the instance that you were part of. But I, and @BigUnionGuy, was also correct, to an extent, that you cannot be a swing driver because UPS could not guarantee which vehicle that you may have to drive.

In Jana L. Morton, Plaintiff-appellant, v. United Parcel Service, Inc., Defendant-appellee, 272 friend.3d 1249 (9th Cir. 2001), the court ruled that UPS did not have to create her a route under the Americans with Disabilities Act, 42 U.S.C. § § 12101-12213, because of possible seniority issues.

The collective bargaining agreement requires UPS to make any new full-time route available via the seniority-based bidding process. Thus, even though reasonable accommodation "may include . . . job restructuring . . . or modified work schedules," 42 U.S.C. § 12111(9) (B), under the seniority provisions of the collective bargaining agreement, UPS could not accommodate Morton by creating a new full-time fixed route specifically for her. Other employees would have the right to bid on any such newly created route, and more senior employees would presumably prevail over Morton because the route would, for the reasons outlined above, be regarded as a desirable one. See Willis v. Pacific Mar. Ass'n, 244 friend.3d 675, 679-80 (9th Cir. 2001).

This ruling went on to talk about being a swing driver and allowing her to be a swing driver, only because UPS had quite a few non-DOT regulated vehicles, not just one or two.

Or, in centers where swing drivers bid on open routes, this could also become a seniority issue, where the last route for this swing driver, very low seniority, to run does not have a non-DOT vehicle.

Nothing in the collective bargaining agreement, however, prevents UPS from accommodating Morton by hiring her as a swing driver and assuring that she is assigned to drive only non-DOT vehicles. The record establishes that the collective bargaining agreement does not limit UPS's authority with respect to assigning vehicles; it is only the allocation among drivers of the fixed geographic routes that is affected by the seniority provisions of the collective bargaining agreement. Compare id. at 679 (noting that plaintiffs "do not contend nor have they demonstrated that alternative accommodations may have been available outside the seniority provisions of the collective bargaining agreement."). For this reason, and because swing drivers in 1995 had no entitlement to choose among swing driving assignments according to seniority (and after 1997 have only a limited right to do so), any requirement that UPS accommodate Morton by structuring swing driving assignments to ensure that she could drive a non-DOT vehicle would not violate the collective bargaining agreement.

At the relevant time, UPS operated 254 fixed routes in the Phoenix area, of which approximately 5.5% (14 routes) were served by non-DOT vehicles. During this same time period, UPS employed approximately 313 package car drivers in the Phoenix area, of whom roughly 80% drove on fixed routes while 20% worked as swing drivers. According to the record, the routes that use the smaller vehicles are generally the more rural and residential routes, requiring more driving between deliveries and typically featuring smaller packages and fewer packages at each stop. The non-DOT vehicle routes are considered more desirable by drivers because of their location and lighter load and are thus generally held by the more senior drivers. Of the 96 drivers hired in Phoenix since February 1995, 30 have successfully bid on assigned routes, but none has successfully bid on one of the 14 routes delivered with non-DOT vehicles.

Although only 14 fixed routes were served by non-DOT vehicles during the relevant time period, UPS operated approximately 33 non-DOT vehicles in the Phoenix area. Some of those extra vehicles were maintained as backup vehicles for use when other vehicles were out for repairs. Others were used by swing drivers to handle "overflow " work, generated by the fluctuating day-to-day demand on certain routes. Further, there was evidence that routes and vehicles assigned to a particular route may be modified from day to day "to meet delivery needs."

This was 16 years ago. How many package cars UPS has now, and in which areas they have them, that are under 10,000 lbs, has probably dramatically affected an ADA accommodation.

The last package car under 10,000 lbs was purchased in 1990. By now, Most, if not all, of those are retired.

With very few exceptions, I do not believe that UPS has many, if not any, ADA accommodated package car drivers.

Now, air exception drivers. An ADA accommodation may be able to be made for an air driver, if there is a non-DOT regulated vehicle at the center or hub. There are only certain locations where this is even feasible.

As you noted, the only one you had was retired and the ADA accommodated driver could no longer drive off property.

So, again, you are correct, in that they may drive a non-DOT vehicle, but these are becoming scarce.

Being a swing driver is pretty much out, due to very few non-DOT vehicles left.

But a bid driver whose route uses a non-DOT vehicle, and can no longer get a medical card, can he stay on his route and continue working? According to the law, if he gets an ADA accommodation, looks like he can...until his package car gets red tagged and the replacement, whether temporary or permanent, is over 10,000 lb. Another can of worms.

But, I still am all for creating a FT inside position, including driving in the yard.

 

[Article 3]

After doing considerably more digging and research, thanks to you, it looks like you are correct about driving a non-DOT regulated vehicle, as you noted in the instance that you were part of. But I, and @BigUnionGuy, was also correct, to an extent, that you cannot be a swing driver because UPS could not guarantee which vehicle that you may have to drive.

In Jana L. Morton, Plaintiff-appellant, v. United Parcel Service, Inc., Defendant-appellee, 272 friend.3d 1249 (9th Cir. 2001), the court ruled that UPS did not have to create her a route under the Americans with Disabilities Act, 42 U.S.C. § § 12101-12213, because of possible seniority issues.

The collective bargaining agreement requires UPS to make any new full-time route available via the seniority-based bidding process. Thus, even though reasonable accommodation "may include . . . job restructuring . . . or modified work schedules," 42 U.S.C. § 12111(9) (B), under the seniority provisions of the collective bargaining agreement, UPS could not accommodate Morton by creating a new full-time fixed route specifically for her. Other employees would have the right to bid on any such newly created route, and more senior employees would presumably prevail over Morton because the route would, for the reasons outlined above, be regarded as a desirable one. See Willis v. Pacific Mar. Ass'n, 244 friend.3d 675, 679-80 (9th Cir. 2001).

This ruling went on to talk about being a swing driver and allowing her to be a swing driver, only because UPS had quite a few non-DOT regulated vehicles, not just one or two.

Or, in centers where swing drivers bid on open routes, this could also become a seniority issue, where the last route for this swing driver, very low seniority, to run does not have a non-DOT vehicle.

Nothing in the collective bargaining agreement, however, prevents UPS from accommodating Morton by hiring her as a swing driver and assuring that she is assigned to drive only non-DOT vehicles. The record establishes that the collective bargaining agreement does not limit UPS's authority with respect to assigning vehicles; it is only the allocation among drivers of the fixed geographic routes that is affected by the seniority provisions of the collective bargaining agreement. Compare id. at 679 (noting that plaintiffs "do not contend nor have they demonstrated that alternative accommodations may have been available outside the seniority provisions of the collective bargaining agreement."). For this reason, and because swing drivers in 1995 had no entitlement to choose among swing driving assignments according to seniority (and after 1997 have only a limited right to do so), any requirement that UPS accommodate Morton by structuring swing driving assignments to ensure that she could drive a non-DOT vehicle would not violate the collective bargaining agreement.

At the relevant time, UPS operated 254 fixed routes in the Phoenix area, of which approximately 5.5% (14 routes) were served by non-DOT vehicles. During this same time period, UPS employed approximately 313 package car drivers in the Phoenix area, of whom roughly 80% drove on fixed routes while 20% worked as swing drivers. According to the record, the routes that use the smaller vehicles are generally the more rural and residential routes, requiring more driving between deliveries and typically featuring smaller packages and fewer packages at each stop. The non-DOT vehicle routes are considered more desirable by drivers because of their location and lighter load and are thus generally held by the more senior drivers. Of the 96 drivers hired in Phoenix since February 1995, 30 have successfully bid on assigned routes, but none has successfully bid on one of the 14 routes delivered with non-DOT vehicles.

Although only 14 fixed routes were served by non-DOT vehicles during the relevant time period, UPS operated approximately 33 non-DOT vehicles in the Phoenix area. Some of those extra vehicles were maintained as backup vehicles for use when other vehicles were out for repairs. Others were used by swing drivers to handle "overflow " work, generated by the fluctuating day-to-day demand on certain routes. Further, there was evidence that routes and vehicles assigned to a particular route may be modified from day to day "to meet delivery needs."

This was 16 years ago. How many package cars UPS has now, and in which areas they have them, that are under 10,000 lbs, has probably dramatically affected an ADA accommodation.

The last package car under 10,000 lbs was purchased in 1990. By now, Most, if not all, of those are retired.

With very few exceptions, I do not believe that UPS has many, if not any, ADA accommodated package car drivers.

Now, air exception drivers. An ADA accommodation may be able to be made for an air driver, if there is a non-DOT regulated vehicle at the center or hub. There are only certain locations where this is even feasible.

As you noted, the only one you had was retired and the ADA accommodated driver could no longer drive off property.

So, again, you are correct, in that they may drive a non-DOT vehicle, but these are becoming scarce.

Being a swing driver is pretty much out, due to very few non-DOT vehicles left.

But a bid driver whose route uses a non-DOT vehicle, and can no longer get a medical card, can he stay on his route and continue working? According to the law, if he gets an ADA accommodation, looks like he can...until his package car gets red tagged and the replacement, whether temporary or permanent, is over 10,000 lb. Another can of worms.

But, I still am all for creating a FT inside position, including driving in the yard.

There are several moving variables in these situations. I got that. Thx for the augmented info.

Our situation entailed a 22-3 ft gig with part of it being exception air work and the bulk of the hours devoted to inside work. There are no ft air jobs here. But the center is small enough that there wouldn't be a fight over the only vehicle that doesn't need a medical cert to drive if this individual was allowed to drive. Most people aren't that heartless. Not here anyway.

But the vehicle is history and we're guessing that another one won't be a Christmas gift in the future, if ever, and that's all I'm going to say on that issue.

The company stalled on awarding the employee the ft inside job that didn't entail off property driving until a grievance was filed. Go figure.

When I look around I have to be thankful that I'm not held back as some folks are. I take too much for granted. But we can be thankful that some of us fight for the ones that can't (or won't) fight for themselves.

The best thing a steward can do is lead by example, regardless of the cost. Thank God for the selfless co-workers that do.

 

[Mugarolla]

But the vehicle is history and we're guessing that another one won't be a Christmas gift in the future, if ever, and that's all I'm going to say on that issue.

Sounds like a backdoor way to keep this person off the road.

Typical UPS.

The company stalled on awarding the employee the ft inside job that didn't entail off property driving until a grievance was filed. Go figure.

Again, typical UPS.

When I look around I have to be thankful that I'm not held back as some folks are. I take too much for granted. But we can be thankful that some of us fight for the ones that can't (or won't) fight for themselves.

Including the unborn.

The best thing a steward can do is lead by example, regardless of the cost. Thank God for the selfless co-workers that do.

Agreed.

 

[Article 3]

Including the unborn.

Thank you for that.