Mandatory not so mandatory?

Discussion in 'UPS Union Issues' started by shalang, May 23, 2020.

  1. shalang

    shalang Member

    Western Region
    Southwest Sort Rider

    Where does it say or imply that a 6th or 7th workday can be forced? I have worked here for years so we all "know" its top seniority voluntary and then forced bottom up due to all those skeleton crews we would run after Thanksgiving. Seen it for drivers but never sort unless I'm blind.

    Also, many people are under the assumption that they can force the entire shift to come in and that since everyone has to come im theres no violation.

    Thoughts?
     
  2. 542thruNthru

    542thruNthru Well-Known Member

    Mind if I answer your question with a question?

    Where does it say that a 6th or 7th day can't be forced?
     
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  3. Jones

    Jones fILE A GRIEVE! Staff Member

    This.
     
  4. no more than 9

    no more than 9 "Livin' the Dream"

    They can not force you to 6 punch, let alone 7 punch. I don’t understand why drivers fall for this.
     
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  5. Indecisi0n

    Indecisi0n Well-Known Member

    Page 69
     
  6. shalang

    shalang Member

    I understand you playing devils advocate but I want to see where, contractually, sort employees are required to come in on a day that us not their scheduled work week. Because regular scheduled work week is 5 days, Monday through Friday or Tuesdat through Saturday (page 213).

    The word mandatory gets thrown around but I have yet to see the justification contractually for it.

    The problem arises due to different answers from BAs and stewards. Last BA we had had a radically different opinion than our current one.
     
  7. shalang

    shalang Member

    Same boat here. Always hear the threat of write ups but never seen it actually materialize.
     
  8. shalang

    shalang Member

    Article 20 Examination and Identification Fees?
     
  9. 542thruNthru

    542thruNthru Well-Known Member


    I'm trying to point out not everything is specifically laid out in the contract.

    Let's play this out a little.

    You're told you're being forced in for a 6th day punch and the company is following seniority.

    You don't show or call out.

    Company writes you up for a NCNS.

    You continue to do it and they fire you after the 3rd weekend in a row.

    Now you file a grievance for wrongful termination. Per our contract the company doesn't have to have a local meeting for 10 days.

    Let's say they stand strong and send you to the next level. Now you're looking at another 20 days on top of that 10.

    My point is that this is all up for interpretation and I'd rather people call out "sick" and deal with attendance issues (which are easy to fight right now with covid19) than not call because the contract doesn't specifically say they can't be forced.
     
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  10. 542thruNthru

    542thruNthru Well-Known Member

    It all depends on the situation. During peak the company can't take the chance of disciplining the whole building. So they just take what they can get.

    Depending on your building right now... like mine only 10 people are being forced in. Much easier to discipline 10 instead of 100.
     
  11. 542thruNthru

    542thruNthru Well-Known Member

    @Indecisi0n is messing with you
     
  12. Jkloc420

    Jkloc420 Well-Known Member

    tell him the truth, it really depends how strong and activer your local is
     
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  13. 542thruNthru

    542thruNthru Well-Known Member

    Yes and no. It really depends on the manager. If he wants to push it. He easily could.

    Remember technically the company can terminate you after a warning letter. Will it stick... no but you're still not being paid for that amount of time you're out of work. We can all say "oh I'll ask for back pay" but ask your BA or any BA on here how well that usually goes.
     
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  14. Dumbo

    Dumbo Active Member

    UPS will do whatever they want, contract or no contract.
     
  15. shalang

    shalang Member

    I get that the company can do whatever they want to do. Unless its specifically written in the contract (even if it is in some cases), the company will do what the company wants.

    I am also very familiar with the 2 weeks waiting period to sit down with the union. I've told employees this constantly. I've seen guys out of a job for 11 months due to occasions and that never went to arbitration. Just management teaching him a lesson.

    I have also told employees that it's better to call out then just do a no call no show, even if it is on a 6th day. More wiggle room to get out of a write up.

    If that's the point you're trying to drill I get that. Unfortunately though the stewards and BAs say different things and under different reasonings. Just wanted some input from you educated fellows.

    Thanks
     
  16. shalang

    shalang Member

    In our area, there was an LOA signed stating there has to be verbal, warning, suspension and then termination. It was always past practice but it wasnt until recently they wrote an LOA.
     
  17. shalang

    shalang Member

    Figured considering the jokesters on this board. Thanks.
     
  18. 542thruNthru

    542thruNthru Well-Known Member

    So I guess after everything that has been said. What are you looking for @shalang?

    Are you looking for a definitive answer that tells you one way or the other because I can tell you right now it doesn't exist.

    Please don't take what I say the wrong way. I'm not trying to be a A hole.
     
  19. shalang

    shalang Member

    Oh no, I dont. Even if it came off that way, no need to get heated. I take things light hearted.

    Just wanted to see peoples opinions on the matter. Yours seems to be one of looking at it from both sides, which I personally do. Unfortunately though when a BA tells you one thing and then another BA tells you different, puts you in a bind when it comes to the bargaining unit employees.

    That also leads to whether the grievances will be fought for or disregarded unfortunately. I'm pretty surebm you're well aware of this. In fact, I've had to argue with the BAs because of that
     
  20. UpstateNYUPSer

    UpstateNYUPSer Well-Known Member

    How did we go from being "educated fellows" to "jokesters"?