injury

[upsermom]

My son sliced his foot to night and is not to have any weight on it till he see the doc on Thursday.

My question is he just finished his 13th day driving. What is this 30 days driving to qualify. He has been with the company almost a year. We have read the contract and the way we see it it is 30 days in 120. His sup says it is 30 days in a row. Anyone know from experience?

Also there is something about not being able to qualify during December.

Thanks for the help.

 

[over9five]

30 days in a row, though they are more lax on this than years ago. (I once relieved a driver doing his 30 when he was in a minor accident. He was back the next day).

Did he slice it on the job?

 

[upsermom]

No he had just come home after preloading and driving all day. He worked today from 1 am to 5 pm.

He is going to be so upset if this messes up his qualifying.

 

[susiedriver]

It's 30 within 120 in most jurisdictions. The previous poster usually has bad information, not to be trusted at all. Supervisors are paid to lie. You can't use days from Nov X to January X towards seniority (ok2b, do you have the exact dates?) Days worked prior to Nov X and after Jan X count if there is no break in service.

Bottom line, he won't get his 30 days before Nov X, in all likelihood, and no one gets them after Jan X. They dont have to work him by seniority at this point, and probably wont, since hes already a liability. How bad is his foot? Talk to a good comp lawyer if need be. An off the job injury should still qualify him for disability.
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Good Luck,
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SD

 

[over9five]

Be careful! Susiedriver is not a driver at all. She is a disgruntled former employee who left under questionable circumstances.

Why do you pretend to still be a driver, Susie?

 

[susiedriver]

I was a driver, left on my own accord for greener pastures. I do have a considerable stake in the company, which is why I'm here.

Also, you gave bad advice.

 

[over9five]

Its a hard job, Susie. Don't feel ashamed that you couldn't do it. Not everyone can.

But thats no reason to spend your life belittling the people that do the job every day.

Your UPS days are over. Move on. Enjoy life. Lose the anger.

 

[susiedriver]

Its a hard job, Susie. Don't feel ashamed that you couldn't do it. Not everyone can.

But thats no reason to spend your life belittling the people that do the job every day.

Your UPS days are over. Move on. Enjoy life. Lose the anger.

Enjoy putting words in people's mouths?

You gave bad advice, admit it and move on. 30 days in a row? Not even in 'NE' does that hold true. Go to sleep, you have a full day tomorrow, I get to sleep in!

 

[DS]

from experience

Your son has to make an effort to go to work, unless he got his foot caught in a wheat thrasher a chipper or at the least a lawn mower.
Bandage it up real good,forget your 3 day wait doctor,and see if they`ll let him go to a doctor on area.This is a job that he may never be offered again.It`d be a shame to lose it over a little cut that will be healed in 3 weeks.Oh yea...in our hub in the old days,you had to do 30 consecutive days and run scratch at least once to be accepted into the union as a full time driver.

 

[susiedriver]

[FONT=&quot]From Central States Supplement, Article 1 Section 1:<o =""></o>[/FONT]
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(a) Probationary Employee: A new employee shall work under the provisions of this Agreement but shall be employed only on a thirty (30) working day trial basis, during which period he/she may be discharged without further recourse; provided however, that the Employer may not discharge or discipline for the purpose of evading this Agreement or discriminating against union members. After working thirty (30) days within a ninety (90) consecutive day period, the employee shall be placed on the regular seniority list, and his/her seniority date shall revert back to the first (1st) day of the thirty (30) day period in which the employee gained seniority...Time worked from November 1st through December 31st of each year shall not accrue toward seniority. Any employee who is retained after December 31st, or recalled within sixty (60) days after December 31st, must work (30) in a ninety (90) consecutive day period commencing with the first (1st) day worked after December 31st, and his/her seniority shall revert back to the first (1st) day of his/her ninety (90) day qualification period. However, those employees hired prior to November 1st who are retained or recalled within sixty (60) days after December 31st will retain credit for the number of days worked prior to November 1st.

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So it's 30 in 90, except as noted, at least in CS.
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[over9five]

He's not a probationary employee. He's been there "almost a year".

We're talking about him having to do his 30 days to become a FT driver. 30 consecutive days.

If you don't believe his sup (why he would lie, I don't know), why doesn't your son simply ask the shop steward?

 

[susiedriver]

He's not a probationary employee. He's been there "almost a year".

We're talking about him having to do his 30 days to become a FT driver. 30 consecutive days.

If you don't believe his sup (why he would lie, I don't know), why doesn't your son simply ask the shop steward?

A probationary employee is one who has not gained full-time seniority. From the CS contract:

[FONT=&quot]An employee filling a permanent new job or job vacancy shall gain seniority under the thirty (30) working days in ninety (90) calendar days seniority provision. [/FONT]

 

[ok2bclever]

For susie and over9five,

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As far as what susie has stated regarding the 30 in a 90 under the Central States Supplement she is correct.

Frankly, I doubt if anywhere do you have to actually work 30 straight.

Howevah,
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Upsermom:

From what you have posted it sounds like your son is a part-time employee with more than six months company seniority which qualifies him for transferring to permanent full-time status via his seniority rights?

If so, both you and the two trying to disqualify each other (susie and over ) are referring to the wrong Article of the contract.

I don't know what supplement your son is under as I don't know your location, but in the Central Supplement which is what I steward under the article you actually want to be looking at is Article 3, Section 10, not probationary or seasonal employees as your son is neither.

In the Central Supplement the Art/Sec is titled Part-Time Employees Transferring to Full-Time Jobs other than Hub and Preload.

In that you have a 30 working day training qualification period and the company uses the within 90 days that is used in Article 1, but just that as it treats the seniority date issue differently.

Once you qualify your full-time seniority becomes the date of transfer (officially this is the first day worked after the first week of orientation)

If he cannot satisfy the company that he is qualified at the end of the thirty working days he will not be able to bid on any full-time transfer for one year

As there are 33 days left in the year beginning next Monday the 7^th and he needs 17 of them to finish his qualification requirements he could afford to miss a week or two and still get in enough work days prior to Christmas.


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[susiedriver]

OK2b,

Are you sure that a part-timer going full time can still gain seniority during November-December? I thought that they couldn't, but their full time seniority date would revert back to whatever date first worked, if they were retained after January, and it fell within the 30 in 90 rule.

 

[upsermom]

ok2b
thanks for the info. we are in fl which is central states i am pretty sure. What you say is basicly how i have understood things. His main sup call a little while ago and told him they will get him seniority before December not to worry. My son feels much better now. He goes back to the doc tomorrow, so he is hoping to be able to work yet this week. they are so short drivers that they will send him out with a helper if nessesary.

 

[ok2bclever]

susie,

Yes, I am sure.

You are confusing the seniority rules between Article 1 that refers to new hires (probational or seasonal) and Art 3 that allows part-time employees to transfer to full-time jobs.

I had seven part-timers transfer to permanent full-time in late October of 2003, all qualified in thirty days and have late October full-time seniority dates.

I even had part-time transfer to permanent full-time in late November and got in his thirty days in the remaining Christmas season and has a November 18th full-time seniority date.

 

[susiedriver]

Thanks, I thought there was no way you could get seniority in december.

 

[wily_old_vet]

they are so short drivers that they will send him out with a helper if nessesary.

UPSermom-no offense meant but don't bet the farm on that. From my experience they will promise the moon to get your son back in and then fail to follow up. Also helpers (except a sup) are not allowed til after Thanksgiving. Hope everything turns out well for your son. He sounds like a good employee.

 

[ok2bclever]

susie,

They are not accruing days towards seniority so the November, December issue is a non-issue.

They are qualifying for a position.

There is a difference between the two.

Once qualified there is a specific contractual definition of their full-time seniority date, which is the first day worked of their transfer after one week of orientation.

wiley,

There is no contractual wording regarding Thanksgiving and helpers in the National Language, nor in the Central Supplemental.

All UPS has to do is show a situational business need that the local union considers justification for using helpers in.