Same hire date issue

[drpibb81]

I was hired on 10/20/12 as an AM clerk along with someone else that was hired on for the Local Sort... We both worked during peak season and after peak he got laid off and I kept working for 4 months because everyone assumed I had seniority since I started in the morning and he started in the evening.

A Utility Driver position opened up, and we both signed up for it.. That is when we found out that I actually never had seniority since the date is what matters and not the time. So, we ended up flipping a coin for seniority and I lost the coin toss. So I ended up getting laid off and he got my job (Which I trained him for).

In the Union handbook it says: "A new part-time employee shall attain Seniority when he/she has worked seventy (70) days within a six (6) consecutive month period".

During the time I worked, I was only laid off for 2 weeks and I defiantly hit my 70 days. I do not think he has worked 70 days in this upcoming 6 month period.

I was just wondering if there is anything I can do about this, or any input..

​Thank You.

 

[UpstateNYUPSer(Ret)]

It sounds as though the right thing to do would be to give both of you your seniority.

It would be unfair to penalize him for not getting his 70 days as he was unfairly laid off due to the confusion you described; conversely, it would be unfair to penalize you for having worked by not giving you your seniority.

Before filing your grievance I suggest you sit down with your BA and center manager to see if a compromise can be made in your situation.

 

[union4life]

You were both hired in October of 2012?

In my supplement, no seasonal employee gains seniority in October, November, or December. The day you come back after peak is your start date toward your 30 days to attaining seniority.

Is that how it works where you are from?

 

[East coast navy]

In my local if you were a seasonal, too keep your hired date as a seasonal you have too work the next working day after the freeze period. If you were laid off after your freeze period and rehired later,(even if it's a couple of days later) you keep the date you were rehired. After you make your 30 days as well.

 

[union4life]

So, we ended up flipping a coin for seniority and I lost the coin toss. So I ended up getting laid off and he got my job (Which I trained him for).


Read more: http://www.browncafe.com/forum/f39/same-hire-date-issue-349438/#ixzz2PjefLb5j

Please don't take offense to this, but try not to refer to it as "my job". It is a job that you all have a right to bid on. The most senior member will be awarded the position. If they fail to qualify, then it moves to the next.

If you plan on making UPS your career, the time will be spent a little easier if you don't take things personal.

 

[soberups]

One of the methods that is used here to resolve identical seniority dates between two employees is to grant the seniority to whichever employee was interviewed first or, failing that, which one turned in their job application first. I have never heard of it coming down to a coin toss.

 

[LongTimeComing]

One of the methods that is used here to resolve identical seniority dates between two employees is to grant the seniority to whichever employee was interviewed first or, failing that, which one turned in their job application first. I have never heard of it coming down to a coin toss.

100% this.

A friggin coin toss? By whom? Where?

 

[UpstateNYUPSer(Ret)]

I have also heard of a coin toss being used to determine seniority. It is usually done in the center manager's office with the BA present.

 

[union4life]

I have also heard of a coin toss being used to determine seniority. It is usually done in the center manager's office with the BA present.

Same here. A coin toss is common established practice.

 

[UpstateNYUPSer(Ret)]

...and, no, it's not two out of three...

 

[PiedmontSteward]

One of the methods that is used here to resolve identical seniority dates between two employees is to grant the seniority to whichever employee was interviewed first or, failing that, which one turned in their job application first. I have never heard of it coming down to a coin toss.

This is absolutely correct.. it goes (in this order): seniority date, application date, coin toss.

Honestly, that's the fairest way to do it.. unless we want to include a "single combat until death" clause in the current negotiations.

 

[Bubblehead]

Here we go again.
​This issue can be resolved in a myriad of ways.
As I am apt to say, there are many local and regional supplements that address issues like these.
I know in my local, it is specifically addressed in our local supplement.

Contact your steward and business agent and ask them to show you the applicable language or precedent setting case decision.
​You wont get a reliable answer here.

 

[co-chair]

I have 5 guys with same senority date they had to draw straws and that was it . the local ba and labor mgr are present and thats the way the cookie crumbles. best advice I can give you get over it

 

[soberups]

This is absolutely correct.. it goes (in this order): seniority date, application date, coin toss.

Honestly, that's the fairest way to do it.. unless we want to include a "single combat until death" clause in the current negotiations.

Coin flips are boring. I say...rock paper scissors!

 

[oldngray]

2 men enter! 1 man leaves!

 

[UPSGUY72]

First of all the the OP need to see if he was hired as a seasonal employee to start and not permanent PT if he / they where hired as a seasonal employee there might different rules as to seniority... However from what the OP says someone really dropped the ball...

 

[East coast navy]

One of the methods that is used here to resolve identical seniority dates between two employees is to grant the seniority to whichever employee was interviewed first or, failing that, which one turned in their job application first. I have never heard of it coming down to a coin toss.

Two guys in my center did, they have 20 some odd years now.

 

[PACNW]

One of the methods that is used here to resolve identical seniority dates between two employees is to grant the seniority to whichever employee was interviewed first or, failing that, which one turned in their job application first. I have never heard of it coming down to a coin toss.

This is what happens where I am and it seems like the fairest thing to do. Although, I have also heard of the coin toss method used when I was in the hub.

 

[Brownslave688]

One of the methods that is used here to resolve identical seniority dates between two employees is to grant the seniority to whichever employee was interviewed first or, failing that, which one turned in their job application first. I have never heard of it coming down to a coin toss.

Always been alphabetically here. Only heard of it happening once. One driver has like 6 months seniority on another because his name came first lol.

 

[Coldworld]

2 men enter! 1 man leaves!

Unless one of the persons is a female, especially a hot female and in this case she moves to the top of the list and takes the job....that's the only fair way to do it...we need more sexy female drivers!!!!