Nine month disciplinary window

[Article 3]

I think you're a little confused. First you should check your contract for the amount of time you have to file a grievance. Many people think it's only 10 days because the company has 10 days to discipline and they tell us we have the same. In my area we have 30 days to file.

The company has 10 days to discipline you and that progressive discipline stays in effect for 9 months (This time frame I've seen on here can differ slightly.) So if you get a warning letter for attendance and call out again in 3 months. The progressive discipline would move forward. If you call out again after 9 months they would have to start all over.

In an accident situation here they have 20 days to investigate and then ten days to discipline.

 

[542thruNthru]

It would be good to make it longer, but I also don't see the need to wait to file? If you're going to grieve it then grieve it so it gets resolved faster. Waiting up to 30 days seems counter productive.

I'd agree but that's only if you know about it. The company loves to try and hide their contract violation.

We had a Driver inform my center manager that he wished to do a early car (EAMs) while a high seniority driver was on vacation. When the time came the center manager lied and said he didn't have the seniority. Well come to find out he had a "favorite" very low seniority driver do it for the week. He didn't find this out for a few weeks. If he only had 5 days to file on it he'd have been screwed.

 

[Article 3]

I'd agree but that's only if you know about it. The company loves to try and hide their contract violation.

We had a Driver inform my center manager that he wished to do a early car (EAMs) while a high seniority driver was on vacation. When the time came the center manager lied and said he didn't have the seniority. Well come to find out he had a "favorite" very low seniority driver do it for the week. He didn't find this out for a few weeks. If he only had 5 days to file on it he'd have been screwed.

Not here. It is from the date of knowledge of the incident/violation.

 

[542thruNthru]

Not here. It is from the date of knowledge of the incident/violation.

How would you prove it? Wouldn't the company say you had knowledge of it and the grievance is untimely? Just curious.

 

[El Correcto]

I've seen the company, be allowed to introduce a drivers accident and injury history

beyond the 9 month period.... as long as it didn't show discipline.



-Bug-

I thought as long as you don’t bring up untimely events the company couldn’t do the same.

 

[Article 3]

How would you prove it? Wouldn't the company say you had knowledge of it and the grievance is untimely? Just curious.

Easy. We just say to management:
"It has just become known to me to that a supe (Joe Blow) did bargaining unit work loading trucks three weeks ago on Friday after the preload was sent home. That's a violation of Art X. I would like you to pay me for 2 hrs pay at double my hourly rate."

 

[UpstateNYUPSer(Ret)]

I'd agree but that's only if you know about it. The company loves to try and hide their contract violation.

We had a Driver inform my center manager that he wished to do a early car (EAMs) while a high seniority driver was on vacation. When the time came the center manager lied and said he didn't have the seniority. Well come to find out he had a "favorite" very low seniority driver do it for the week. He didn't find this out for a few weeks. If he only had 5 days to file on it he'd have been screwed.

Is it 5 days from the date of the actual violation or 5 days from the date that the hourly found out about the violation?

 

[BigUnionGuy]

That would not be proper if it were not the same specific "method" repeatedly....and a textbook "point of order", no???

The point of order was held in abeyance by the Panel Chairs, and the case was allowed to proceed.

Where? Local or State panel?

Local level, and then State.

I thought as long as you don’t bring up untimely events the company couldn’t do the same.

The Panel chairs allowed it, as long as it didn't show discipline.

Never did get an adequate explanation. The company might have been given some

(generous) leeway for their concern of liability. The driver had an accident and injury

every year for 22 years, then finally bid a 22.3 job. (which might have been the goal)



-Bug-