Past Practice

Discussion in 'UPS Discussions' started by Dttocs, Apr 25, 2019.

  1. Dttocs

    Dttocs Member

    I am currently an ADA package car driver that got injured while driving in 2006, and received an accommodation in 2008 when the economy took a dive, at that time all they had available was a part time porter position(which I accepted). I drove for 3.5years as a full time package car driver from 2005-2008 and the HR department has confirmed 3 years of safe driving. Now I want to get into feeder but Im told by Labor and the union that I need to have a one year safe driving on record immediately before any such feeder training.

    My accommodation states that if “the employees status changes at some point that he is able to preform all the regular duties as a service provider, he will work as directed until the next scheduled service provider bid as outlined in the current supplemental agreement[where employee is accommodated in a part-time job;Upon resuming work in this position he will revert back to full-time status with the appropriate seniority date]”

    What does this mean??. Labor and the union seem to think it is insignificant I say its a dove tail back to package with receiving my lost seniority. Seems union has lost its back bone to fight for me a union member the rights I deserve especially being an injured driver. Does anyone know of a good labor law attorney? Thinking about getting a third party’s opinion involved.

    Oh ya I drive on a daily bases and touch ground just about everyday as an air driver. Maybe this doesn’t earn any more safe driving awards but Im still active whether I gain any more safe driving awards or not and my concurrent 3 years should
    Still be acknowledged.

    Looking to see if anyone has had or heard or a similar case that way I could file for past practice

    Thanks guys
  2. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    So.... for the last 11 years, you've been a part-timer as a result of an

    ADA accommodation and want to skip to feeders without going back to pkg ?

    What don't you understand ? Sounds pretty self explanatory.

    If and when you are able to return to your previous position, you go back to pkg

    and will be able to bid at the next opportunity. Until then, you will be an unassigned

    driver and your full-time seniority re-starts from that point.

    You can't be serious.

    Work part-time for 11 years.... and expect to be dovetailed back in, being credited

    with those years counting as full-time ?


    The Union helped facilitate your ADA accommodation, and now they are the

    "bad guy" because you want to skip in line for feeders ?

    Again.... wow.

    You want to waste money on a labor attorney ? Have at it.

    As far as past practice.... not a chance.

  3. BigUnionGuy

    BigUnionGuy Got the T-Shirt

  4. CoffeeStainedUniform

    CoffeeStainedUniform Active Member

    11 years and now you'll be locked into a 22.4 position. Kinda ironic
  5. Indecisi0n

    Indecisi0n Well-Known Member

    He sounds like a feeder driver....
  6. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    He would return to pkg.... as an RCPD.

    22.4 jobs will have to be bid.
  7. Dttocs

    Dttocs Member

    Heres the thing. The company has lost all of its ADA records on me and is solely relying on my personal records. My workmen’s comp Doctor who preformed the surgery in 2006 fell out of the network and it took me a few years to finally find a doctor that would take up my case. I was turned down repeatedly due to the complexity of the injury.

    My treating Doctor had issued a release back to full package car duty since 5/2017. I put my name
    On the PT to Ft driver list and was called to a package center to report as if I never drove before. An advisor told me that I shouldn’t have to go in as a first time driver, and that my accommodation said to work until direct(utility) until the next service provider bid(route bid). I tried going to the union to place me back into the center and they said No. i have to sign up again, but my accommodation says to revert back with the appropriate seniority. Now whether this means to pickup where I left off with 4-years full time seniority with the ability to bid on a route or high utility with my 4-years then Im good with that. I would also like to continue on with my safe driving award as well. Labor and union says I cant do this and I would start at the bottom as if I transferred out and decided to come back, which was not the case.

    Resuming work? To continue
    Revert back? Where I left off
    Appropriate seniority? Where I left off
    Safe driving award 3-years? Reinstated

    Im not asking for any special accommodations only what has been agreed on
  8. trickpony1

    trickpony1 Well-Known Member

    Radio Controlled Package Driver?
  9. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Yeah.... right.
  10. Dttocs

    Dttocs Member

    Files Were keep in a short trailer in the back of the yard. Got significant rain damage all was lost. Trust me they been asking me for my files got email proof. Its been on going for 2-3years now
  11. Dttocs

    Dttocs Member

    They even tried to access thru iron mountain a storage keeping facility. Nothing ever came up, ever. They showed me the files they had and all of them were what I sent them

    Crazy, but thats my situation now
  12. Dttocs

    Dttocs Member

    I don’t have the unions back. Seems like some Back door horse trading going on
  13. UnconTROLLed

    UnconTROLLed perfection

    You have to have a little sympathy for the OP.

    If only because of the complete d-bag response by you-know-who
  14. PappyLand

    PappyLand Active Member