Say "good bye" if you get injured.

Discussion in 'UPS Union Issues' started by trickpony1, Nov 7, 2007.

  1. trickpony1

    trickpony1 Well-Known Member

    This is very dangerous language.
    Article 48, Section 2 "loss of seniority" of the Southern Region language refers to "....can not perform the essential functions of their job.", after reaching Maximum Medical Improvement (MMI) after an "......on or off the job injury or illness , then one losses their seniority.
    I can only assume all the other regional supplements have language that reflects this.
    Who do you think will gauge whether you can perform the "essential functions" of any job within our company? It won't be the company, of course. The company will veneer themselves from any liability by having a "functional capacity evaluation (FCE)" done by the fine folks in the physical therapy department of the local medical clinic. Of course we all know the company doesn't influence the doctors (sarcasm intended).
    Folks, big businesses around the country are using these FCE's to get rid of people....especially the injured, ill or older employees.
    By the way, what ever happened to the ADA?
    OOPS!.......I forgot.....the laws that apply to everyone else in the world don't apply to "our" company.
    For those who think the company loves you and will take care of you....I got a surprise for you....they don't and are just drooling at the thought of getting rid of all the injured, ill and older employees.
    God help us if this language gets ratified.
    I didn't vote "yes".
  2. Johney

    Johney Well-Known Member

    Correct me if I'm wrong but isn't that what they do now for work injuries? If you reach MMI and can't do the job they will take you to mediation offer you a settlement and if you take it you resign and they are no longer responsable for your injury. I always assumed if you got hurt off the job and couldn't return you were SOL.
  3. happybob

    happybob Feeders

    The company can do whatever they wish. By attempting to take away your seniority when you are injured is just a slap in the face. There are now thousands of injured employees that refused to accept the companies woefull offers to settle work related injury claims and instead ask to be reassigned to other jobs within the company that would accommedate thier disabilities only to have the company treat them like yesterdays trash that is left at the curb. This will only be settled in court. The judge in the class action ADA suit has seen through thier bull and will procede to rectify the wrongs they are committing. 100% medical release, sham essential funtions and now loss of seniority, they will stop at nothing to rid themselves of the responsibility to assist thier employees that become disabled to stay gainfully employed at the company. Timmmmmmmmmmme is not on thier side any longer. The judge refused thier attempt to stay the proceding while they appeal her decision granting the case class status and I'm sure they will appeal this decision as well.

    For those that have become disabled at UPS, the fight is not over. If you are disabled and they have refused to make a reasonnable accommedation seek assistance through your nearest EEOC office. They are now very well aware of this situation and by contacting them you will protect your rights.
  4. I have over twenty Years, I was pinned to my UPS Truck/Car broke my back, I had to get a spinal fusion (removing bone from hip to fuse) I settled with 3rd party, basically paid for my retirement. I am not paralyzed so I wanted to return to work. I received a partial release for obvious reasons. The company has said there is no disability and so has the union. I have been out since 2003. I am now going to seek a lawyer because I can only find little work. Every employee is truly just a number so think twice before doing this company any favors!
  5. paidslave

    paidslave New Member

    Need more info:

    If the company says there is no disability and so has the union and you want to work, what is holding you back?
  6. Johney

    Johney Well-Known Member

    What do you mean "settled with 3rd party"? If you settled with UPS for your future medical and released them from responsability of your injury didn't you resign? Anybody that I know that settled a comp injury never returned. I'm no lawyer but I don't think UPS has to create a job for you under this type of injury. I have seen it happen for people who can no longer drive from Diabetes that's it.
  7. filthpig

    filthpig Active Member

    I'm really kind of up in the air on this one. If UPS were to offer me a settlement of say, a year's pay for my injury (on the job or not), I'm not sure that's unfair. It's probably more than most would get. I would imagine if you're in mgmnt, you wouldn't get dick. But I think in the end it just depends on the circumstances. I hope it's something I never have to worry about.
  8. Braveheart

    Braveheart New Member

    Great post!!!!!! Another one of the reasons I voted no. Some people heal slower than others. UPS will just rush the review through and send you packing!!! They just loves with all their hearts don't they?!?!?!?
  9. davlops

    davlops New Member

    I worked for UPS for 12 years.........was injured on the job.......went through 2 surgeries, physical therapy...........then when the UPS doctor cleared me..........I was terminated. I guess so they could hire fresh meat for the was a good opportunity for them to get rid of a senior less retirement to pay I guess. I just heard about a class action for this kind of situation..........anyone know anything..........I could use a hand....................
  10. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    You could take UPS to court and get your job back. It's been done here.
  11. raceanoncr

    raceanoncr Well-Known Member

    Again, a case of "Need more info". How can UPS dr clear you and you be terminated? You ain't fighting it? There ain't more to this?
  12. dannyboy

    dannyboy From the promised LAND

    This conversation is a two edged sword. On one hand, you have an employee that has many years in with UPS, and now can not do the job. On the other hand, even if UPS wanted to offer an inside job, they couldnt, because we all know, if you create an inside job for more than 30 days, it becomes perm. and then can become a bid job, knocking the person that the job was created for, out of a job. So why do it?

    I have seen drivers that ended up with sugar problems allowed to work two part time shifts, but they replaced pat timers rather than were "made" positions. THat allowed them to finish the needed time for retirement.

    They can and will get rid of you when you no longer are useful. That is why it is so important that each person is responsible for their own safety. Work safe, work smart, work until retirement. Then be able to enjoy retirement. REtirement is not at all enjoyable if you do not have your health.

  13. WyoBrown

    WyoBrown New Member

    DB, I suffered a broken leg (slight fracture) delivering on Thurs night. Friday, I was offered light duty, deskwork for up to 29 days until I can get back to driving. I had never heard about over 30 days turning to perm. Is this a problem I need to watch for in my situation?
  14. Steward773

    Steward773 Active Member

    If you do a job for 30 or more days a grievance can be filed to make that a perminant job which would have to be bid. That is why the company puts everyone on light duty for 29 days.
  15. Mike Hawk

    Mike Hawk New Member

    We had a driver injure his knee in November and he was with us on the preload well into January, doing light duty work like smallsort/SPA. Is that now a bid position? There is another TAW driver doing the morning OMS stuff since ours quit and a replacement hasnt been found. If he does that for 30 days would it be a union job? I r confused.
  16. Steward773

    Steward773 Active Member

    Yes, if they had them do it for 30 straight days. Keep track of it. Usually the company is on top of, they will run a split route 29 days, cut it for one and then continue to run it for another on and so on. Sometimes they get confused by their own confusion, and thats when you hit them..... just take notes, it will help you win in the grievance proceedure.:thumbup1:
  17. browninpdx

    browninpdx New Member

    well i have been at ups for 10+ years i have been hurt a few times. I returned home from iraq and was wounded, and ups gave me a job I am able to do. I have never had any problems with ups reguarding injuries, but then again I ALWAYS go to the doctor and fill out reports when they happen at work. Remember it is up to you to grow up and know the rules, ups isnt going to help you unless you make them.
  18. 959Nanook

    959Nanook Member

    I'll readily admit that I don't have much knowledge that is relevant to the situation so I'm asking the question. I'm not understanding how this tactic benefits Teamsters? I understand how it benefits a single Teamster in a given situation but how does it benefit Teamsters? I'm only seeing the surface and don't understand the background. The company tries to help a Teamster by offering them a position that they are capable of working and a grievance gets filed after 30 days if the injured Teamster is still working in that capacity ... where is the incentive for the company to make the attempt to help an injured Teamster in a like manner down the road? I'm clearly missing something.
  19. trplnkl

    trplnkl 555

    I may be confused, but isn't this clause for(example) an extra route put in to regulate overtime? If someone (such as WyoBrown) is on comp and someone covers her area for 30 days that should not cause a bid to go into effect. In this situation the route is already a bid route and belongs to the injured probably higher senior employee, no job is being created.
  20. brownmonster

    brownmonster Man of Great Wisdom

    I think Stewy is referring to the light duty office position. Thats why you can only do it for 29 days, on the thirtieth day it would become a bid position. Same reason they will build an extra area and break it once in a while so it can't be bid.