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UPS Union Issues
Local 396 avoids its members!!
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<blockquote data-quote="BrownShark" data-source="post: 268294" data-attributes="member: 12148"><p>Trickpony,</p><p></p><p>Here is from the NLRA...</p><p></p><p><strong>Duty of Fair Representation (DFR):</strong></p><p>A union's obligation to represent all people in the bargaining unit as fairly and equally as possible. This requirement applies both in the creation and interpretation of collective bargaining agreements. A union is said to have violated its Duty of Fair Representation when a union's conduct toward a member of a collective bargaining unit is arbitrary, discriminatory, or in bad faith. A union steward, for example, may not ignore a grievance which has merit, nor can that grievance be processed in a perfunctory manner. It should be noted, however, that the employee in the bargaining unit has no absolute right to have a grievance taken to arbitration. The union is obligated to give fair representation to all union members, and also to collective bargaining unit members who have not joined the union in "right-to-work" states or in public service units.</p><p></p><p></p><p>In cases here in our local, the agents are NOT conducting grievance hearings but instead, taking the cases directly to panels in order to avoid having to deal with the company at the local grievance level.</p><p></p><p>This is a practice of cowardess.</p><p></p><p>The labor manager of UPS in WLA District is good at what he does and he has imtimidated the current agents to a point of retreat.</p><p></p><p>If an employee files a grievance, that employee has a right to have a hearing within 30 days of the filing. Before the hearing, the agent has an obligation to investigate the facts of the case upto and including any documents, photos & recordings prior to any hearing.</p><p></p><p>Here, the agents do nothing but walk into a hearing (when they can get one) and then sit silently until the company upholds its position. Then they go outside with the employee and talk tough again. 12 months later, they come back and tell the employee they either loss the case in panels or won the case getting them .25 cents on the dollar.</p><p></p><p>The win is really an agreement in the halls of second level hearings where the company "offers" to settle the cases and this local takes it and presents it as a victory.</p><p></p><p>DFR charges can and will be filed in this local in the upcoming months as members realize that "many" are going thru the same situations.</p><p></p><p>Peace.<img src="/community/styles/default/xenforo/smilies/FeltTip/peaceful.png" class="smilie" loading="lazy" alt=":peaceful:" title="Peaceful :peaceful:" data-shortname=":peaceful:" /></p></blockquote><p></p>
[QUOTE="BrownShark, post: 268294, member: 12148"] Trickpony, Here is from the NLRA... [B]Duty of Fair Representation (DFR):[/B] A union's obligation to represent all people in the bargaining unit as fairly and equally as possible. This requirement applies both in the creation and interpretation of collective bargaining agreements. A union is said to have violated its Duty of Fair Representation when a union's conduct toward a member of a collective bargaining unit is arbitrary, discriminatory, or in bad faith. A union steward, for example, may not ignore a grievance which has merit, nor can that grievance be processed in a perfunctory manner. It should be noted, however, that the employee in the bargaining unit has no absolute right to have a grievance taken to arbitration. The union is obligated to give fair representation to all union members, and also to collective bargaining unit members who have not joined the union in "right-to-work" states or in public service units. In cases here in our local, the agents are NOT conducting grievance hearings but instead, taking the cases directly to panels in order to avoid having to deal with the company at the local grievance level. This is a practice of cowardess. The labor manager of UPS in WLA District is good at what he does and he has imtimidated the current agents to a point of retreat. If an employee files a grievance, that employee has a right to have a hearing within 30 days of the filing. Before the hearing, the agent has an obligation to investigate the facts of the case upto and including any documents, photos & recordings prior to any hearing. Here, the agents do nothing but walk into a hearing (when they can get one) and then sit silently until the company upholds its position. Then they go outside with the employee and talk tough again. 12 months later, they come back and tell the employee they either loss the case in panels or won the case getting them .25 cents on the dollar. The win is really an agreement in the halls of second level hearings where the company "offers" to settle the cases and this local takes it and presents it as a victory. DFR charges can and will be filed in this local in the upcoming months as members realize that "many" are going thru the same situations. Peace.:peaceful: [/QUOTE]
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