Seniority and following your work after a sort close (central supplement)

Discussion in 'UPS Union Issues' started by R. Mutt, Jan 13, 2020.

  1. R. Mutt

    R. Mutt "You're not my supervisor!"

    I tried the search bar but came up with nothing on this situation.
    I have 6 years seniority working PT. I was working in hub operations on twilight, bid to work Revenue Recovery and got the position. At the time the hub was only working twilight and preload but a day sort was created.

    I was a twilight designated alternate at the time and there was no union presence on the new day sort so I transferred over, maintaining my position by seniority in order to act as shop steward until they could hold an election (won and stayed on as sort steward until the sort ended.) A year later the day sort was planned for cancellation and hourlies were given the option by seniority to move to twilight/preload or transfer to day sort at the nearest hub and in either case have their seniority dovetailed.

    I talked with my full time supe about the situation, he said I could follow my work back to the twilight shift as they were absorbing part of the volume and the position would be transferred. Cool.

    The day before our sort closed my full timer told me my position was being eliminated and I'd be going back to hub work on the twilight. I had 4+ years more seniority than 2 other hourlies in my work area and said I'd like to displace the most junior. He said that no one would be allowed to bump other hourlies upon transfer.

    Except, everyone else in the building that transferred was allowed to bump less senior employees as long as it was in the same work area they were in. We have a great twilight sort manager who wanted to go by the contract and have seniority rule. As I'm workingking for the center and not operations that sort manager has no say in my work area.

    I filed on it, but was told by our BA I was probably was out of luck as bumping preferred jobs wasn't a thing with PTers. I mentioned that I was the only exception and got the impression that I ought to keep my mouth shut as following up on the grievance might ruin it for the other transfers and that I should just sign another bid and tough it out.

    That said, does anyone know of any precedent for PTers following their work?
    If I am just being singled out should I file for discrimination? Perhaps based on union activity? (my position was eliminated after helping a colleague file on my full timer)
    If I get shut down by my BA is there recourse that won't undermine our local?

    All comments appreciated (if off topic your joke better be a banger.)
  2. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Article 3.... Sections 7 and 12
  3. R. Mutt

    R. Mutt "You're not my supervisor!"

    Current argument with my BA and company labor manager is over definition of "classification of work" and "respective classification(s)" from Article 38, Section 1(c)1. I'd say center auditor is a classification but they're saying PTer as a whole is a classification since there is no such thing as "skilled positions" anymore.

    Are they right on that?
  4. Sudz

    Sudz Well-Known Member

    I would say no for a couple of reasons, but I don't know what chance you have either way. Sounds like your BA made up his mind here.

    Air drivers are usually part-timers, and clearly not the same classification as any other part-time employees. I'm sure they'd find some convenient excuse to explain that discrepancy though.
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  5. R. Mutt

    R. Mutt "You're not my supervisor!"

    Thanks for the info. You're probably right about the BA. I know my grievance has merit but I'm having mixed feelings about following up.

    On one hand this is discrimination, probably for union activity and I'm the only one taking a blow in losing their bidded position, not to mention letting it slide as a steward feels undignified.

    On the other hand if I lost in arbitration it could screw everyone else. Keeping my mouth shut could mean saving everyone else's positions and setting a past practice precedent that could save people's positions some point in the future.

  6. Sudz

    Sudz Well-Known Member

    You're a better man than I am. I would've gone for it. I hope your BA is just playing devil's advocate, and not actually taking their side.
  7. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Any claims under article 38.... are subject subject to negotiation.

    Ask your BA to see the "written" agreement.

    Then, they have to be approved the the National Committee....
  8. Ol time...meh

    Ol time...meh New Member

    Article 2 section 2 and article 6 section 1
  9. RealPerson

    RealPerson Active Member

    When our HUB closed, I went to the pre-load. I am PT and was able to bump ANY position that I had more seniority over. Of course it was the lowest person on that job... This included FT people since our building is a combined seniority list... I am also in the Central
  10. Peppermint Patty

    Peppermint Patty Cardboard Pusher

    Wait Preload doesn't have any skilled positions anymore? So if your sort shut down could you go to preload and bump someone in the small sort?
  11. R. Mutt

    R. Mutt "You're not my supervisor!"

    Language in the most recent UPS national master agreement eliminated the classification of any PT position as skilled, yes. My guess is that this change was partially informed by management's desire to expand their right in instructing hourlies to "work as directed," but I can't say for sure.

    Again, I'm working from only my experience and National Master contract language, but it's likely that how you are allowed to bump other hourlies and from what position is determined by past practice, negotiations between your local and management (if they have taken place or will,) and politics.

    I've been bumped from a preferred position before by an hourly who in a different area sorting smalls but was displaced by automation--but this was at a previous hub.

    In my current case it was determined in negotiations that all hub employees were allowed the right to exercise their seniority to displace the least senior employee in their respective work area in the building in a remaining and adjacent sort, as long as you aren't trying to bump an hourly who has threatened to extort said sort's appointed head steward and business agent.

    Unfortunately, in my case, I did not meet one of the negotiated qualifications and was compelled to withdraw my grievance on the matter, but you should contact your shop steward or business agent and ask for more information regarding your options.