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Brown Cafe UPS Forum
UPS Union Issues
Retaliation
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<blockquote data-quote="dilligaf" data-source="post: 543082" data-attributes="member: 11476"><p>Big, where to start.......................</p><p> </p><p>Yes I have experienced retaliation. Alllllll the time. The best advice is to address it head on and immediately. The best way to do that is to file on it. Generally Art. 37NM sect 1. Art. 36NM may apply as well. The sooner this happens the sooner they start figuring out that you aren't going to put up with. It takes time to work but it DOES work. </p><p> </p><p>Anything in our files (within the previous 9 mos) can surreptitiously used against us. Or at least they can try to use it. This is where each individual has to be on their toes. The company has to use progressive discipline except in the case of a cardinal sin. And the discipline has to be given immediately (within 10 days). It can be assumed or said that the company was 'laying in wait', which is a big no no, if they wait any longer. </p><p> </p><p>The same thing can be said in the reverse also. We can not 'lay in wait'. This is why it is important to address the issues immediately. The grievance procedure has a deadline. As does EEOC and NLRB. EEOC is 6 mos (if I recall correctly) and NLRB is similar. If EEOC is to apply to the situation (and trust me if you put discrimination in the greivance, EEOC would apply) you must follow through the procedures before you can use EEOC. And you must document everything. Absolutely everything. Even the most insignificant inconsequential detail can make the difference between winning and losing at EEOC. (This I know for a fact, BTDT). The trick is being able to prove discrimination.</p></blockquote><p></p>
[QUOTE="dilligaf, post: 543082, member: 11476"] Big, where to start....................... Yes I have experienced retaliation. Alllllll the time. The best advice is to address it head on and immediately. The best way to do that is to file on it. Generally Art. 37NM sect 1. Art. 36NM may apply as well. The sooner this happens the sooner they start figuring out that you aren't going to put up with. It takes time to work but it DOES work. Anything in our files (within the previous 9 mos) can surreptitiously used against us. Or at least they can try to use it. This is where each individual has to be on their toes. The company has to use progressive discipline except in the case of a cardinal sin. And the discipline has to be given immediately (within 10 days). It can be assumed or said that the company was 'laying in wait', which is a big no no, if they wait any longer. The same thing can be said in the reverse also. We can not 'lay in wait'. This is why it is important to address the issues immediately. The grievance procedure has a deadline. As does EEOC and NLRB. EEOC is 6 mos (if I recall correctly) and NLRB is similar. If EEOC is to apply to the situation (and trust me if you put discrimination in the greivance, EEOC would apply) you must follow through the procedures before you can use EEOC. And you must document everything. Absolutely everything. Even the most insignificant inconsequential detail can make the difference between winning and losing at EEOC. (This I know for a fact, BTDT). The trick is being able to prove discrimination. [/QUOTE]
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