harassment and grievance Questions.

[Jukkathebrown]

Hello fellow brownies.

I had some question as what constitutes harassment.

Im coming back from a 2 and a half year WC. Now that im back I have been treated like a new hire. Most of it I let slide but the things that got me a little pissed was my breaks. I start at 4am and 3 of my sups have tried to make me take my break at 730 am. When I got hired I could have sworn We where promised 3 and a half hours a day and a 10 min break?

After a month My arm was feeling like it was going to be ok with the work and I had lost most the wieght I put on so I asked for more hours as my seniority entiteld me to. I was denied. Further more one of my sups was still trying to make me take my break after my 3 1/2 hour. After going to my other manager and the union my sups and manager said they would work to get me more hours.

In the two weeks Iv waited This same sup has been using me as his personal earned boy. Things he has told me. Im not allowed to talk at work, I can only go to the bathroom and take breaks when he says its ok and I get my breaks when its best for him.

Last friday my manger said I could cover a full timers shift on monday as I use to work those hours before my injury anyway. So monday I go to work at 1 and at 4 when that sup start he came right to me and started to tell me he didnt know when he was gonna let me take lunch and said I could probobly take it at 6. When I said I wanted to take it at the normal time everyone else was taking it he simple threated to send me home becasue I had worked my 3 and 1/2. I claimed senoirty he said he didnt care so at this point I went to the union.

Sorry for the story but my Qs are Does this qualify as harassment and denile of my breaks and water/bathroom breaks?
How long does it take for the grievance process to work, and what is that process.

My shop steward was real bussy but he mentioned that he would talk to both my manager and the sup but didnt say what else would happen. My manger on vac for the next 2 weeks do I have to wait for him to get back for this to get resolved.

Ty anyone who read this

 

[over9five]

Everyday you have to grieve the hours the less seniority man is getting. Not tell the union. Not talk to the steward. You have to fill out the grievance form every day until this is resolved.

As for breaks, doesn't your contract spell out when they are to be taken? Not being allowed to go to the bathroom is a serious safety and health concern. File a seperate grievance for that.

This is harassment pure and simple. Start creating a paper trail.

 

[UpstateNYUPSer(Ret)]

2 1/2 years?

 

[Jukkathebrown]

Ty for your time. Where do I get the grievance form at? As for the breaks this has been a issue. Our shop steward says we get it by our third hour, our manager says after our third hour One sup says that you dont get it unless you work over 3/12 and the others between the 3 and 3/12. I dont have a copy of my contract atm. I didnt file out any papers or sign anything my steward just said he would talk to the man and sup and then get back to me. So does that mean all of loss of breaks the last two months is for nothing because I didnt fill out a paper each time?

Yes I had complications after my first and second surgeries so other then the less then a week I worked in oct of 08 I hadent worked without restriction since jan of 08. This injury has been a nightmare dealing with all the BS from ups heck just 2 weeks ago after being back at work for 6 weeks I get a call saying I couldnt come to work because there was something wrong with my medical. Turns out what was wrong with it was some lady at corpo didnt know how to read medical paper work so i had to go to my doctors to get a 20 page medical report and letter explaining how to read and understand what the words "permanent and stationary" in regards to a injury. She thought it meant I couldnt move? lol really.

 

[JonFrum]

Sounds like you need to read the revelant parts of the National Master and your regional Supplement on grievance proceedures, breaks, lunches, Article 37 harrassment, seniority, etc. (Most issues are in your Supplement.)

Normally you tell your steward as soon as possible and he attempts to resolve the issues with management. If that fails, then you file a paper grievance citeing specific Contract clause violations within five days.

Bathroom breaks may not be in your Contract, but you have an absolute right to go anytime nature calls. It's probably a state health law or regulation. But you should try to leave without disrupting things and give your supervisor the heads-up so he can arrange coverage for you in necessary.

National Master:
http://www.teamster.org/sites/teamsters.prometheuslabor.com/files/03%2006%2009%20Final%20UPS%20Master%20Agreemnt%202008-2013.pdf

Partial Supplements:
http://tdu.org/node/1617

[Upstate is concerned for your wellbeing and worries that you came back too soon without allowing time to fully heal.]

 

[UpstateNYUPSer(Ret)]

Actually Upstate is curious as to what type of injury would sideline you for 2 1/2 years.

 

[Jukkathebrown]

I had ulnar nerve damage. I had a ulnar nerve release in june of 08 went back to work in oct of 08 UPS blew it out two days in when they had me lift 4 140 lbs E-regs. After that they sent me to 3 diff specilaist before doing a or serious ulnar nerve surgry where they changed where my nerve went by moving it out of its normal spot (where ur funny bone is) to the side of my elbow and then cutting off all the muscle in my forearm and placing it under muscle for extra portection.

After 4 months I still couldnt lift 10 lbs so they told me they didnt think I wouold get any better. Couldnt swim do Bjj walk my dogs or carry cloths open doors so I stopped using it. After about 6 more months I had a emergency that foced me to use both my arms when I noticed it didnt hurt me to lift any more. Atleast not that kind of pain that was there before. So I went back to my doctor and he cleared me to try and go back to work. ill never be at 100% but its nice to be back earning a living I deff had some cabin fever and depression kicking those last 6 months

 

[helenofcalifornia]

What is "bjj?" Figured out ty. File the grievances.

 

[LastBest&Final]

Brazilian Jiu Jitsu

 

[upsgrunt]

What is "bjj?" Figured out ty. File the grievances.

Isn't that what a "John" gets from a stuttering prostitute?

 

[UpstateNYUPSer(Ret)]

I also had ulnar nerve release surgery (bilateral). The Dr. wanted to do one elbow at a time with a one month recovery time each. I asked if he could do both at the same time and after initially objecting he agreed. I spent two weeks at home and another two weeks on light duty.

 

[KingofBrown]

Doesn't the Supplement say they have to have consideration on you after having an injury? I feel you've been harrassed. But, watch out, they have many ways to hide this, and they give way too many excuses to mask their actions. File a grievance for Fair Treatment, you should be treated the same as your coworkers, and look into to see if you should have consideration on your work because of your injury. About the Seniority file the grievance for Seniority don't mix the harrassment grievance with that one. And don't mix your break time grievance with your harrassment either.

 

[UPSF Peeon]

fill out the grievance then throw it in the toilet and flush twice, it has a better chance of going somewhere useful this way

 

[jalnar]

If everyone goes on break at the same time How are you working? Are the belts not shut down completely? When it comes to potty breaks and they say no it night sound bad but pee in your pants and then start crying so other people see what happened. Their BS will stop.and most of all keep a small notebook on you and write down everything and I mean everyting including names and times and date. This will be your best tool if you need to do sometuing down the road. Mgmt will play stupid so this will help you in the long run.Its a game and the person with the best game plan wins

 

[tieguy]

after two and a half years you are a newbie of sorts. Did you try pulling the sup off to the side and asking him why he is treating you differently?

you have tried going to his boss, the shop steward etc. Most answers here are of the power game variety and are fine if you have no other choice. Ultimately you have to work with the guy and it might help to try the direct approach first. Ask for a sit down with him to talk about how you feel. try to let him know how you feel without putting him on the defensive.

you can always but heads with him later if all else fails.

 

[grgrcr88]

First thng you need to do is familiarize yourself with your local contract. Get a copy from your Union Steward and find the sections that are pertinate to your isues. Learn them and then have a discusion with your sup regarding what language is being violated, if you get no results bring the steward into it and again have a discussion. If still no results file the grievance in writing with your steward and let it be heard at your local Union hearings. They are usually once a month probably at your local Union hall.

 

[SWORDFISH]

I agree w/ Jon, over, and grngrcr. To add to that get a journal and document each days activities.

 

[705red]

Document everything. Here is a link to TDU, they have a book that you can purchase.


http://www.tdu.org/node/1778

 

[hoffa1975]

isn't that what a "john" gets from a stuttering prostitute?

that is funny