Same hire date issue

Discussion in 'UPS Union Issues' started by drpibb81, Apr 6, 2013.

  1. drpibb81

    drpibb81 New Member

    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.
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    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.
  3. union4life

    union4life Active Member

    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?
  4. East coast navy

    East coast navy Veteran

    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.
  5. union4life

    union4life Active Member

    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.
  6. soberups

    soberups Pees in the brown Koolaid

    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.
  7. LongTimeComing

    LongTimeComing Air Ops Pro

    100% this.

    A friggin coin toss? By whom? Where?
  8. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    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.
  9. union4life

    union4life Active Member

    Same here. A coin toss is common established practice.
  10. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

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

    PiedmontSteward RTW-4-Less

    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.
  12. Bubblehead

    Bubblehead My Senior Picture

    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.
  13. co-chair

    co-chair New Member

    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
  14. soberups

    soberups Pees in the brown Koolaid

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

    oldngray nowhere special

    2 men enter! 1 man leaves!
  16. UPSGUY72

    UPSGUY72 Well-Known Member

    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...
  17. East coast navy

    East coast navy Veteran

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

    PACNW Member

    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.
  19. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    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.
  20. Coldworld

    Coldworld Taking it all back.....

    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!!!!