Seniority after peak - On topic please

Discussion in 'UPS Union Issues' started by Bacciagalupe, Jan 7, 2019.

  1. Bacciagalupe

    Bacciagalupe New Member

    according to the 177 Supplement:

    "An employee who has been hired prior to October 15th and retained after January 10th or recalled within sixty (60) days after January 10th will retain credit for the number of days worked prior to October 15th. Those days retained will count towards the thirty (30) days worked in a sixty (60) consecutive day period commencing with the first day worked after January 10th."

    With that said,

    I was hired in September. I accrued 19 days before the freeze. I called the union hall because the initiation fee is still not being deducted (only dues). The explanation was that I did no get my 30 in 60 before the freeze, my days would "reset" on Jan 11th and that all the days before the freeze will basically mean nothing.

    Am I interpreting the contract language wrong? or was the union hall wrong?
     
  2. The union hall was correct
     
  3. Bacciagalupe

    Bacciagalupe New Member

    Well damn. That's not what I wanted to hear... but I'm a skeptic, so I have to ask...

    Does anyone know how to interpret local 177 45-1(c)?

    If the union hall is telling me they are not retained, what does the language mean by saying,

    "Those days retained will count towards the thirty (30) days worked in a sixty (60)" ?
     
  4. I'm.not in that local but I know here those days do not count at all
     
  5. brownmonster

    brownmonster Man of Great Wisdom

    The supplement seems pretty cut and dried. Seems like your pre Oct 15 days should count.
     
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  6. 542thruNthru

    542thruNthru Well-Known Member

    Were you a driver? If not they may have separate language for Sort workers.

    If you were a driver then yes I would say the days before Oct 15th count. I would go to the union hall to talk with some one face to face about it.
     
  7. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    It's kind of a moot point.... right now.


    After January 10th, you will need to work 30 days in a consecutive 60 day period

    to gain seniority. Then.. and only then.. will your seniority date revert back to

    the first day you started. (which includes orientation)


    Article 45 Section 1(a)


    http://teamster.org/sites/teamster.org/files/07032014_local_177_drivers_0.pdf



    Valid point.

    The Local 177 supplement doesn't differentiate between the classifications.


    @Bacciagalupe.... Don't sweat it.

    Gain seniority, and then file a grievance protesting your seniority date if you

    feel it's wrong. And believe me.... you will pay initiation fee's.


    :biggrin:



    -Bug-
     
  8. 542thruNthru

    542thruNthru Well-Known Member

    I may be reading the language wrong but doesn't (C) specifically state that the days before Oct 15th will count towards his 30 in 60.
    Screenshot_20190107-110047.png

    So he should not have to work another 30 consecutive days after Jan 10th.
     
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  9. Bubblehead

    Bubblehead My Senior Picture

    "Moot point".....how do you figure???

    The way I read it he will need 11 more days, provided he is retained or recalled within 60 days after January 10th, seeing he got 19 days in before October 15th.

    To help you understand, within your line of thinking, it's like the calendar goes from October 15th to January 10th (or the days up to 60 after Jan 10th when he's recalled), with no days in between....a "time warp" if you will.

    If it doesn't go down that way, I would for sure "sweat it" and file a grievance, at least.

    ....and yes, he will pay initiation fees.




    ~Bbbl~™
     
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    Last edited: Jan 8, 2019
  10. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    Isn't that why.... you mounted the charge.... to take Sam B out ?

    All of his BS "thinking" on the contract ?


    Correct me, if I'm wrong.
     
  11. Bubblehead

    Bubblehead My Senior Picture

    The OP asked that we stay "On Topic", so please be respectful.

    I'll take it from this wild tangent of a post that you realize your mistake?
     
  12. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    You might be right.


    Circular logic.... confuses truck drivers.
     
  13. brownIEman

    brownIEman Well-Known Member

    @Bacciagalupe - From my reading of the language it looks like your interpretation is correct,

    HOWEVER, let me give you one piece of advice from the management perspective. If you get called back after Jan 10th, I would not file a grievance on this right away. Plan on working the 30 in 60 after that time, and just plan on the initiation coming out after that. If they try to let you go after 11 days worked coming back, when you would have the 30 if you count the days prior to Oct 15th, then you can file a grievance quoting 177 45-1(c) language to show that you already qualified. Also, as B.U.G. rightly said, you can file if you make book and your seniority date is not listed as your first day back prior to Oct 15th. If the local does not back you on the grievance, make sure they explain in detail why they think your reading of that language is wrong, because it looks cut and dry to me.

    If you start filing grievances now, you might not get called back or you might be let go prior to the 30 days. While that might not seem fair, look at it from the other view. Once you make the 30 days, letting you go if you are a problem employee can be more difficult than getting a divorce (yes, I've done both, so I speak from experience). If you were dating a girl who gave you the impression she likes to whine and bitch about EVERYTHING, would you go through with marrying her? Even if she was good wife material in other ways?
     
  14. Utahloader

    Utahloader Member

    Reads the same as my supplement. Same situation as me. I fought it and won. Days worked before said date counts towards probation period.
     
  15. Bubblehead

    Bubblehead My Senior Picture

    Yea, and don't file any supervisor working grievances until the supervisor actually does bargaining unit work either.

    [​IMG]
     
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  16. brownIEman

    brownIEman Well-Known Member

    Well excuse me for trying to assist a brand new guy...
     
  17. BigUnionGuy

    BigUnionGuy Got the T-Shirt


    It wasn't within a "consecutive" 60 day period.


    The time between October 15th and January 10.... doesn't count.

    Although, his seniority would revet back to the first day he started.


    @brownIEman makes some valid points. (hate to say it)




    How does a non-seniority person, file a supe working grievance....

    When they are only entitled to wages (under the contract) until they gain seniority ?


    I understand your passion, but the OP has no contractual rights at this point.



    -Bug-
     
  18. UnconTROLLed

    UnconTROLLed perfection

    TLDR; Wait 'til you hit seniority, then do this to UPS

     
  19. Bubblehead

    Bubblehead My Senior Picture

    Why do you assume the OP is an off the street, nonseniority employee?

    Isn't it possible that they are a part time employee trying to qualify as a package car driver?

    Either way, my point was that nobody can file a valid grievance before the Company actually violates the contract.



    ~Bbbl~™
     
  20. What'dyabringmetoday???

    What'dyabringmetoday??? Well-Known Member

    Bubblehead meet brick wall. Lol.