I need help! 2 bids occured with senority being followed

upsmanckp

Active Member
I am a Steward in Santa Cruz, Ca where we have a bit of a dilemma brewing.
In brief: Case #1 involves a 12-year employee just now claiming he was not awarded a bid from September of '06. (18 Months past). A copy of the bid sheet backs his claim. The Manager in charge has since left the company.
The Driver with the claim states he had no knowledge the route was awarded to someone with less seniority. Does he have a case?

Case #2 involves a driver who has just returned from comp after a 1 year absence. A route was bid and awarded 6 months ago without the driver out on comp being notified of the bid. She would like the route. What is the remedy in this case?

The new Manager has basically asked us to resolve this issue as we the union reps.

Any and all help is very much appreciated.
 

IDoLessWorkThanMost

Well-Known Member
IMO, (I'm no expert nor a steward)

the first case, is probably irrelevant aside from getting his bid job. Yes, the driver should have been awarded his bid, but there is likely (unless supplemental) nothing happening there. Was there money lost? In that case, he/she would have a caes for back pay, though, as the bid could be proven with the bid sheet. The job should be awarded to the driver whom bid it, too, but unless there's language in a supplement stating otherwise, there's nothing there to force management to make the change. pressure from the union might help.

2nd case; triple bump (I think it's called). The person on comp is awarded his/her old job, the person bumped can bump someone, and the 3rd person can bump.
 

paidslave

Well-Known Member
IMO, (I'm no expert nor a steward)

the first case, is probably irrelevant aside from getting his bid job. Yes, the driver should have been awarded his bid, but there is likely (unless supplemental) nothing happening there. Was there money lost? In that case, he/she would have a caes for back pay, though, as the bid could be proven with the bid sheet. The job should be awarded to the driver whom bid it, too, but unless there's language in a supplement stating otherwise, there's nothing there to force management to make the change. pressure from the union might help.

2nd case; triple bump (I think it's called). The person on comp is awarded his/her old job, the person bumped can bump someone, and the 3rd person can bump.


Probably correct...make sure the bid sheet is available for the one on comp. or this driver may get this right for it was never bid!
 

local804

Well-Known Member
I am a Steward in Santa Cruz, Ca where we have a bit of a dilemma brewing.
In brief: Case #1 involves a 12-year employee just now claiming he was not awarded a bid from September of '06. (18 Months past). A copy of the bid sheet backs his claim. The Manager in charge has since left the company.
The Driver with the claim states he had no knowledge the route was awarded to someone with less seniority. Does he have a case?

Case #2 involves a driver who has just returned from comp after a 1 year absence. A route was bid and awarded 6 months ago without the driver out on comp being notified of the bid. She would like the route. What is the remedy in this case?

The new Manager has basically asked us to resolve this issue as we the union reps.

Any and all help is very much appreciated.


Question 1
Why would a driver with 12 years on the job wait 18 months to place claim on a bid route. Imo, he should have known if he won it or not and made a case when the bid was pulled down. I blame the steward(probably you) for not following the correct procedure on a bid route and I blame the employee for being so stupid for not realizing he won or lost the job. Answer for question 1 is 12 year employee gets route becuase he has the bid sheet as proof and in April, shop steward elections take place and old steward is out.
Question 2
Why would a compensations employees route be put up for bid anyway unless he/she was cleared? Compensation employee gets his/her route back and he/she files a motion for shop steward elections and gets someone who knows what the hell they are doing.
 
This may be a situation of difference in supplements also or just an agreement with the local. I can tell you what happened here with the BA's involvement. When bids were up, a worker on comp being notified of bids was inconsequential because being on comp at the time of the bid disqualified the comp employee from bidding. The exception to that would be if the comp employee had a statement from the primary treating doctor that the employee would be released without limitations by the time the change to route was to take place.
I don't think there is specific language addressing this issue. I can't seem to find my copy of the last ratified contract.
 

barnyard

KTM rider
I thought that driver's on comp were not eligible to bid on another route. 5 years ago, a feeder driver tried to bid into our bldg during the annual bid. He was denied because he was on disability and did not have a return to work date. I am pretty sure it was grieved and he lost.

In the other case, I am pretty sure that the employee has 30 days to file a grievance, I think he would lose based on it being so long past the incidence.

TB
 

over9five

Moderator
Staff member
I agree with a couple of the answers.

Case #1 is a no go. Grievances must be made in a timely fashion.

Case #2 is easy. The returning comp driver gets to bump where her seniority allows. Two additional bumps (A,B,C as someone said), and the last guy bumped has to WAD.
 

tieguy

Banned
I agree with a couple of the answers.

Case #1 is a no go. Grievances must be made in a timely fashion.

Case #2 is easy. The returning comp driver gets to bump where her seniority allows. Two additional bumps (A,B,C as someone said), and the last guy bumped has to WAD.

the winning answer
 

upsmanckp

Active Member
Thanks all for weighing in. 804's response was rather not helpful. I guess she/he must be immune from making mistakes. I am one of 6 Stewards who does try to protect the rights of 160 or so full and part-time employees. That is why the ask for help from you all.
I feel bad for all 4 employees caught up in this quagmire. 804 you are right as far as the blame laying goes. I don't say BA's and Stewards are blameless in this. 18 months ago I was having my 2nd lumbar surgery an was out for 6 months recovering. Our previous Manager was burnt out and slowly quitting for two years leaving a few messes in his wake. But do I approach an aggrieved employee and fellow Brother Teamster and say "sorry.. you are stupid." ? That sort of violates Article 37 (a) last sentence.
 

brownman15

Well-Known Member
I thought that driver's on comp were not eligible to bid on another route. 5 years ago, a feeder driver tried to bid into our bldg during the annual bid. He was denied because he was on disability and did not have a return to work date. I am pretty sure it was grieved and he lost.

In the other case, I am pretty sure that the employee has 30 days to file a grievance, I think he would lose based on it being so long past the incidence.

TB
thats wrong when you are comp you still have seniority someone from your center should call you when route is put up for bid
 

upsmanckp

Active Member
Thanks over 9.5 Guy. Kinda what I think.
Case 2 has language to back her up in our Nor-Cal Rider "Employees on approved leave shall not be deprived of their seniority selection rights."

And case #1 also has language in our rider stipulating to a Time Limitation.
So he cannot be remedied so far as I Can see.

Thanks again...
 

Cementups

Box Monkey
In case #2 it is not the center team's or other employee's responsibility to make sure comp employees are notified of upcoming bids. If they want to know this stuff then they are responsibile to keep THEMSELVES up to date. this has come up in our center(s) before and that was the final declaration. Too bad, so sad.

in Case #1 I would think that in 18 months the employee should have realized alot sooner that he/she wanted the bid and his grievance was not filed in a timely manner.
 

705red

Browncafe Steward
I am a Steward in Santa Cruz, Ca where we have a bit of a dilemma brewing.
In brief: Case #1 involves a 12-year employee just now claiming he was not awarded a bid from September of '06. (18 Months past). A copy of the bid sheet backs his claim. The Manager in charge has since left the company.
The Driver with the claim states he had no knowledge the route was awarded to someone with less seniority. Does he have a case?

Case #2 involves a driver who has just returned from comp after a 1 year absence. A route was bid and awarded 6 months ago without the driver out on comp being notified of the bid. She would like the route. What is the remedy in this case?

The new Manager has basically asked us to resolve this issue as we the union reps.

Any and all help is very much appreciated.

What does article 44 say? Here it says that you have 10 days to fill the bid, so i would have to say that 18 months is way over the 10 days and the first guy is out of luck. Now at the same we have to be able to except that bid within 10 days so we can bid the route but if we are still on comp or disability 11 working days later we are not the winner of that bid.

thats wrong when you are comp you still have seniority someone from your center should call you when route is put up for bid
Read article 44 sec. 6
 

brownman15

Well-Known Member
What does article 44 say? Here it says that you have 10 days to fill the bid, so i would have to say that 18 months is way over the 10 days and the first guy is out of luck. Now at the same we have to be able to except that bid within 10 days so we can bid the route but if we are still on comp or disability 11 working days later we are not the winner of that bid.


Read article 44 sec. 6

your right did not catch that at first i'm still learning
 

Coldworld

Marty Peters kid
upsmanckp;30c6259 said:
I am a Steward in Santa Cruz, Ca where we have a bit of a dilemma brewing.
In brief: Case #1 involves a 12-year employee just now claiming he was not awarded a bid from September of '06. (18 Months past). A copy of the bid sheet backs his claim. The Manager in charge has since left the company.
The Driver with the claim states he had no knowledge the route was awarded to someone with less seniority. Does he have a case?
Ok, why did they wait so long to file, usually if someone is interested in a route, and you sign up on the posting, but dont get it, then dont you usually know who did receive it and then can check their seniority date???
Case #2 involves a driver who has just returned from comp after a 1 year absence. A route was bid and awarded 6 months ago without the driver out on comp being notified of the bid. She would like the route. What is the remedy in this case?
If the route was the comp persons route being put up for bid then thats a nono. If the route was someone else's route then if you are on comp or vacation, whatever, you have to have a way of checking for new bids coming up...its not ups' responsibility, unless your on a satellite route, then they have to inform you. Someone please correct me if Im wrong!
The new Manager has basically asked us to resolve this issue as we the union reps.


Any and all help is very much appreciated.
 

upsmanckp

Active Member
I do not have an article 44 that pertains. Nor-cal, Master or other, but thanks again.

To clarify case #2: The driver was out on comp(did not have a bid route.) In her absence routes became available and bid on and awarded without her being advised by the management team. "Employees on approved leave shall not be deprived of their seniority selection rights."
 

705red

Browncafe Steward
I do not have an article 44 that pertains. Nor-cal, Master or other, but thanks again.

To clarify case #2: The driver was out on comp(did not have a bid route.) In her absence routes became available and bid on and awarded without her being advised by the management team. "Employees on approved leave shall not be deprived of their seniority selection rights."
Do you have any language that speaks to a time limit on the bid being filled after it has been up fot the time limit? Here the bid must stay up for 5 days and must be filled within 10 days after that.
 
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