Hot Potato and retaliation for filing grievances

Discussion in 'UPS Union Issues' started by The Range, Nov 29, 2018.

  1. The Range

    The Range In too deep

    You work in an area for multiple years in a hub that was forced to recognize preferred jobs. You file a lot of grievances on many supervisors for working on a daily basis. This goes on for months and you make a lot of money. Finally, management has an epiphany and decides to remove you from the area as a cost savings measure, understanding no one else in this area has the fortitude to file grievances, they continue to work en masse without repercussion. You remain in your classification on most occasions but you were one out of fifty+ plucked from the situation and relocated. The reason for the move was clearer than crystal to the lords of the state. How does this interlace with article 37 and modification of work assignment post-filing and a determination of retaliation? Other incidents occurred prior to the move in which multiple article 37 grievances had been filed. As a steward, what stance would you take when defending this employee? WWYD? I do not like the message this sends - you file, you will be relocated and we will continue to work. Precisely why 1 out of 50 people file grievances.
    Last edited: Nov 29, 2018
  2. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Was the job bid (or posted) as a preferred job ?

    Is the grievant filing factual grievances ?

    And what is a lot of money ?

    What's the job, and the company's reason for the movement of the employee ?

    Somebody asked.... right ?

    As it stands, there are some basic questions that need answered.

    Help me out.

  3. The Range

    The Range In too deep

    Thank you. You've always been helpful.

    The company and union have reached some sort of understanding after many battles to honor employees who prefer a specific classification. There are no bid lists currently but there have been in the past. The company agreed to honor this on an individual basis and it is now "how things are". Personally, I do not like this method but I am not privy to all backroom deals. Most are not going to speak up to "ask" for a specific classification. However, as is, seniority rules in the choosing of classification for part-timers. This is an improvement from years past.

    In terms of meritorious grievances - yes. The grievances are proper and accurate. The employee has had 1 out of dozens denied to the tune of multiple thousands. More than anyone else on the shift.

    There were several attempts dating back to remove this employee from the location and classification. It was successful until the employee began filing article 37 grievances for retaliation. The company obliged (briefly) and returned the employee to the original work assignment. This is an area of dozens and the employee was quickly relocated to a hole in the hub where grievances would be nullified. The sticking point is the classification is (for the most part) the same as his/her original preference. It leaves a very bad taste in my mouth as it was received by the employee and those around him/her as blatant retaliation. This area is once again a hotbed of supervisors working and no one is stepping up to file on it. It is a shell game but the language in article 37 and "work assignment" seems toothless without monetary penalty. I am big on morale and sticking together. Their reason was simply "we need this person elsewhere".
    Last edited: Nov 29, 2018
  4. Brisket

    Brisket Well-Known Member

    Integrity, is that you?
  5. The Range

    The Range In too deep

    BC loves Integrity and the ideal of justice - he/she is our beloved mascot.

    Last edited: Nov 29, 2018
  6. rod

    rod retired and happy

    I thought Integrity was Dave
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  7. Bubblehead

    Bubblehead My Senior Picture

    How does this person who is being moved compare "seniority-wise" to those who are staying put???
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  8. The Range

    The Range In too deep

    Near the top of the food chain in that area seniority-wise. It was a strategic move on the companies part as this is their "safe space" for supervisors working.
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  9. Bubblehead

    Bubblehead My Senior Picture

    Provided you are painting a clear picture, file a grievance under Articles 21 and 37 of the National Master, as well as any applicable "preferred job" language,

    ....and Labor Charges if you feel a need to add some pressure to your Local and panel system.
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  10. Slug Life

    Slug Life When do we eat?

    If you have no other job simply hang around and stalk management doing Union work. Then say cough cough I’m here coach put me in. If not file for hours of work performed.
  11. zubenelgenubi

    zubenelgenubi Well-Known Member

    If the issue is the employee being moved, I don't have the answer to that. If the issue is management working, anyone can grieve that. The remedy will be paid to who it is due, or to the person who filed the grievance. Have the employee continue to file grievances on supervisors working. When the company realizes they won't have any cost savings, it may be easier to get the employee back into the job they were removed from.
  12. Mugarolla

    Mugarolla Light 'em up!

    The issue is the employee being moved out of site of the sups working, and no other employees will file on them.

    If he is in the same classification doing the same work, just in a different part of the building, it's not clear cut retaliation.

    But seeing as he was the only one moved, and not by choice or not the lowest senior person, looks mighty suspicious.

    I'd take it on.
  13. Mugarolla

    Mugarolla Light 'em up!

    The other thing I would do is ask the BA to camp out there for a few days.

    UPS doesn't like their sups working in the presence of the BA.

    A few days of sorts not going down on time because the sups aren't working might force UPS to actually fix the issue and staff their sorts accordingly.
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  14. The Range

    The Range In too deep

    Correct in your observations. Prior to the move within the same classification, this employee was jerked around and in the midst of an ugly battle for many months. I was slightly shocked at how bold management was in this particular case. A perfect example of how one person filing alone causes UPS to go gangbusters to intimidate and stomp it out. This ended with multiple article 37 grievances being filed. Eventually, they were returned to their original classification but swiftly removed from the area when they continued to file grievances on working supervisors. They cleared out a very small sort isle across the building, took this employee and plopped them there to nullify grievances.

    I do not like the message this sends to the other employees. However, the message has already been sent. To me, article 37 and the additional "work assignment" language was included to help protect against this sort of action. This employee has a permanent target on their back. I would like to see them back in their original area and making money for their troubles. It isn't right. You have upwards of fifty other people in the original area scared stiff as it's simply easier to toe the company line. Maybe this is a reflection on our local, the other stewards, and myself.
    Last edited: Nov 30, 2018
  15. Mugarolla

    Mugarolla Light 'em up!

    Here's where the problem comes in.

    They didn't modify his work assignment, per se, for an Article 37 grievance.

    They just moved his work to a different part of the building.

    And this may not be construed as retaliation for filing grievances, but rather a ploy to keep him from filing future grievances.

    It's not clear cut and could go either way, but I'd still try.
  16. What'dyabringmetoday???

    What'dyabringmetoday??? Well-Known Member

  17. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    @The Range

    I'm still confused about your term of "classification".

    What is the job ?
  18. The Range

    The Range In too deep

  19. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Well.... that nails it down.

    Primary, secondary, smalls, irregs ?
  20. The Range

    The Range In too deep

    It would be the main sort directly from the unload. The move was to a secondary slide sort. Our main sort is very large (fifty-seventy plus). Our secondary contains less than four people.

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    Last edited: Nov 30, 2018