Layoff while on TAW

[undies]

Seems to be an unprecedented situation. Would the laid off TAW driver have to go do TAW light duty work in another building/sort or will they be able to stay in their home center and continue the TAW light duty work? I can see how it could possibly go either way.

If the driver stays in their home center would other laid off drivers be able to file a grievance based on the lower seniority driver staying, or will it not matter since the TAW driver will not be doing regular driving work? Thanks for the input guys!

 

[Ouch]

This is just my thinking behind it. Their are alot more intelligent people on here than I. With that being said I would think that seniority would come into play more than the junior being on taw. As far as I can tell there is no law being broken as far as firing an injured employee. To me the work would have to be offered in seniority order taw or not. The full time employee should displace 2 part time employees. The part timers should be laid off first and the work offered to full time in seniority order. Just my thought.

 

[PiedmontSteward]

It's actually in UPS' best interests for the employee to complete TAW if they are able. TAW exists because it gives them a break on their insurance with Liberty Mutual; they take a much bigger hit on "lost time" injuries (such as a worker who is too injured he/she can't even get a doctor to sign-off on office work and goes straight to workman's comp) that's why local management will freak out when they happen. They might get laid off and have the option be able to displace 2 PT'ers for their 8 hour guarantee when they are able to report back to work.

 

[bluehdmc]

This sounds like a tough one, I think if you were on workmens's comp or disability you couldn't be laid off. Is this just a hypothetical question or???? Since peak is starting (or has started) I don't think anyone is going to be laid off soon.

 

[undies]

This sounds like a tough one, I think if you were on workmens's comp or disability you couldn't be laid off. Is this just a hypothetical question or???? Since peak is starting (or has started) I don't think anyone is going to be laid off soon.

This is happening in my center, 6 drivers were laid off this week. Two weeks ago, 9 were laid off! Luckily there is driving work in other buildings for everyone that wants it.

 

[hubrat]

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[upsset]

Seems to be an unprecedented situation. Would the laid off TAW driver have to go do TAW light duty work in another building/sort or will they be able to stay in their home center and continue the TAW light duty work? I can see how it could possibly go either way.

If the driver stays in their home center would other laid off drivers be able to file a grievance based on the lower seniority driver staying, or will it not matter since the TAW driver will not be doing regular driving work? Thanks for the input guys!

TAW is alternate work if available. A person on TAW who is not afforded work goes out on comp until ready to return to work. If at that time a lay off is still in effect then that person would be subject to lay off and have bumping rights by senority.

 

[LagunaBrown]

If the company can not offer TAW work the employee should still have a comp claim in play. It is always a good idea to have a go to workers comp lawyer available for members questions and I would avoid the blogs.