SCFeeder

Member
I'm assuming you came to your manager with an accommodation. Not just tell him you were pregnant.

Penalty is half your guarantee (4 hours a week) the first two weeks then it goes to 8 hours a week till paid. It is not a daily penalty.

Ok, what's the issue with this?

They are not going to pay you. They are going to back pay the contributions to southwest administrators so that they pay your medical bills that should have been paid while working.

I don't understand what you mean by this. Nothing should be coming out of your check for medical.

If attorneys are involved why are you asking us?
Thank you, your reply has helped me gain a bit of clarity.
My attorney and investigator through EEOC were asking me clarify penalty pay in article 17. As you can tell from my writing i misunderstood it. So thank you for helping clarify.
I had no accommodations. That’s why I was wrongfully sat out for two months. I fought to return and did return…. To my full job! Which I worked up until birth. Which proves they wrongfully sat me out of work. And yes because I was pregnant. I have a text message from my manager stating “we cannot work you if you are pregnant you need to be cleared full status.” And me responding “my doctors note has no restrictions. I am cleared to work. I was just told to inform you of my pregnancy so you can prepare future accommodations when I go out on leave.” It is a big mess, yes.

Anyways thank you for your time responding and helping me. It had been very much appreciated!
 

SCFeeder

Member
They usually put them on short-term disability so they get to keep their benefits but you don't get a lot of money from short-term disability
Yes, which makes sense.. if I had accommodations that stopped me from being able to preform my job. However I did not. My doctors cleared me to work up until my baby was born. UPS was wrong to sit me out. And then once they realized that returned me to work full status working my full job but said they wouldn’t pay me for the time they sat me out… 🤔 that’s my biggest issue. As well as terminating my medical benefits for the entirety of my pregnancy even while I was working.
Bummer a good company cares so little to make things right.
 

Thebrownblob

Well-Known Member
Thank you, I was lucky. Came from preload. Straight to feeder. Especially my age starting at 21. I hear that doesn’t happen in many places but my domicile is full of pot heads who’d rather smoke than pass a drug test. I personally had goals on buying a house for my family. To me it was an easy decision at first until I turned 23 and realized after two years the job and hours isn’t worth the money. I’m speaking personally. Don’t get me wrong it was great and helped afford everything we ever wanted and needed.
Anyways, I was refused FMLA through Hartford. I sent the denial letter to my manager and union unknowing why. UPS chairman got involved. He stated I was to be working my normal job and hours as well as back-paid for the time I was wronged. I wanted to work. I wanted to bring home my full paycheck. I needed to actually as we were trying to close on an house and needed proof of paychecks from both my husband and I. And I wanted the FMLA for when my son was born. Also to be clear, I was capable of working my job fully, I had no restrictions. After fighting to return to work, with help from union and chairman I worked my normal job up until I could no longer crouch to check the 5th wheels. Throughout this whole time they still had my medical benefits ‘terminated’ many emails, and phone chains trying to get them back. Where I live the only hospital is PPO plan which I had. Though it was ‘terminated’ . a week after I went off work, I went into labor. 33 weeks. Premature. I had to drive 1 hour to a hospital that would accept my husbands insurance. We live in a small town.
Did I make it? Car baby he was. All UPS needed to do was reinstate my benefits because I was contractually owed them and back pay the two months they wrongfully refused to work me. After the two months they refused me, I still went and worked 5 months for them!! Waddling like a penguin! So why the refused to work me is still unclear. Pregnancy discrimination is how the EEOC and attorney are see it as. :/ it’s hard to love working for a company and the people in it and then to have this done during what is supposed to be such a special and enjoyable time of one’s life.

Sorry for the rant. But know your reply has been appreciated more than you know!! And hopefully your questions regarding this have been answered as well.
Happy Friday to you!
You sound pretty pretty kick ass! You’ll be a good mom, and hope everything works out for you. Give them hell.
 

Thebrownblob

Well-Known Member
Yes, which makes sense.. if I had accommodations that stopped me from being able to preform my job. However I did not. My doctors cleared me to work up until my baby was born. UPS was wrong to sit me out. And then once they realized that returned me to work full status working my full job but said they wouldn’t pay me for the time they sat me out… 🤔 that’s my biggest issue. As well as terminating my medical benefits for the entirety of my pregnancy even while I was working.
Bummer a good company cares so little to make things right.
Do what you Gotta do to get back what you’re owed. It’s still a really good job but unfortunately, this is how they operate.
 

SCFeeder

Member
You sound pretty pretty kick ass! You’ll be a good mom, and hope everything works out for you. Give them hell.
Thank you!! My son just turned 1! I like to think I’ve been a good mother thus far! It’s been hard fighting this battle through the whole time but hopefully the fight is worth it. 👊🏼 all I want is back pay and my medical bills covered so I can put it all behind me and move on. The headache is not worth it, working for the company, to me, is no longer worth it.
The troubles and heartache they caused during this time was enough for me to be done. A shame, I would have loved to have worked my 30 for them. But still happy I had the experience and training from them. Just easier to let go at this point and know maybe elsewhere I’ll be treated right. 😊
 

Brownwind

Well-Known Member
lol. If the jobs they created for us in my domicile weren’t all that long, I would’ve chosen a shorter one. Then again I am lowest seniority so I wouldn’t have gotten it anyways. Trust me I’d rather spend time at home with my family than on road. Work to live not live to work. The ones who stick around far too long to make hours must be running from something, trying to stay away from something or have nothing better to do…. Or who knows trying to put a kid through college.
Hope it works out. Feeders in general are big time hours from the OT. That’s the nature of the game
 

Brownwind

Well-Known Member
Thank you!! My son just turned 1! I like to think I’ve been a good mother thus far! It’s been hard fighting this battle through the whole time but hopefully the fight is worth it. 👊🏼 all I want is back pay and my medical bills covered so I can put it all behind me and move on. The headache is not worth it, working for the company, to me, is no longer worth it.
The troubles and heartache they caused during this time was enough for me to be done. A shame, I would have loved to have worked my 30 for them. But still happy I had the experience and training from them. Just easier to let go at this point and know maybe elsewhere I’ll be treated right. 😊
You’re young and in possession of a CDL. You got this.
 

Thebrownblob

Well-Known Member
I think this is where my confusion is. Maybe my brain is just mush at this point but here is article 17.
“If the Employer fails to make the payment available on a full-time employee's second scheduled workday and the shortage was the result of the Employer's error, the full-time employee will be paid an additional amount equal to one-half (1/2) of their daily guarantee at their regular hourly rate for every full pay period in which the shortage is not paid after the second (2nd) scheduled workday, until corrected. If the payroll error for a full-time employee is not corrected within two (2) pay periods, the payroll error penalty described above shall be increased to the full-time employee's full daily guarantee.”


And now from my understanding looking at it.. say I gross roughly $2800 a week. The first two weeks they failed to pay, they would owe me $1400. And after those two weeks, it would jump up to $2800 per week following until paid?

I promise my last clarifying question! I just don’t want to get it wrong
Honestly, your situation sounds like there’s going to have to be some sort of settlement if the union is still fighting for you. My guess is that you only be getting your guarantee if they owe it to you. And the penalty after for your guarantee only, not the normal hours you would work.

Just curiously you no longer work for the company? Is the union still fighting for this backpay? And did you file the appropriate and timely grievances?
 
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I never met a feeder driver who didn't get his 60 hours in------even if he had to stand around for a half hour or more waiting to punch out. every feeder driver I knew was an overtime whore.
You have never met an overtime whore until you meet a Team driver. They pull into our wash tunnel and literally hand wash every lug nut on that tractor.
 

542thruNthru

Well-Known Member
Don’t they get paid by the mile? Although they do have delay time so maybe that’s why.
I believe once on property they switch. Though I could be wrong. I think my local only has like 2 sleeper teams so I'm not an expert.

But every sleeper team I've ever seen or talked to is always in a hurry because they make their big money off miles and just want to go home. So PT Carwash is probably wrong.
 

Thebrownblob

Well-Known Member
I believe once on property they switch. Though I could be wrong. I think my local only has like 2 sleeper teams so I'm not an expert.

But every sleeper team I've ever seen or talked to is always in a hurry because they make their big money off miles and just want to go home. So PT Carwash is probably wrong.
We have about 50 here and them guys are never slow. Neither are the mileage run guys. The rest of them are a bunch of clock milkers for sure lol!
 

rod

Retired 23 years
You have never met an overtime whore until you meet a Team driver. They pull into our wash tunnel and literally hand wash every lug nut on that tractor.
I don't think the even had "Team Drivers" when I worked. They relied on the railroad for long distance stuff.
 

542thruNthru

Well-Known Member
I don't think the even had "Team Drivers" when I worked. They relied on the railroad for long distance stuff.
That's because part timers got paid a living wage before you sold them out. Then after your generation sold them out. UPS realized they could afford to put on sleeper teams.
 
I believe once on property they switch. Though I could be wrong. I think my local only has like 2 sleeper teams so I'm not an expert.

But every sleeper team I've ever seen or talked to is always in a hurry because they make their big money off miles and just want to go home. So PT Carwash is probably wrong.
They change to hourly rate while waiting to load as long as they don't go off duty. My building lost several team runs last year but others come through all the time since we are at the crossroads of the country.
 

SCFeeder

Member
Honestly, your situation sounds like there’s going to have to be some sort of settlement if the union is still fighting for you. My guess is that you only be getting your guarantee if they owe it to you. And the penalty after for your guarantee only, not the normal hours you would work.

Just curiously you no longer work for the company? Is the union still fighting for this backpay? And did you file the appropriate and timely grievances
I am still currently employed. Though I am not working. And yes, I did had the grievances filed within the appropriate time frame. With email confirmation. UPS tried to offer a comical amount of money to ‘make me happy’ and sweep this under the rug. It wasn’t even one weeks paycheck so of course I said no. They owe me 2 months of pay, and to figure out how to get the medical insurance to cover medical bills that should have been covered.
 
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