Seniority Order

browntroll

Well-Known Member
had a similar problem but our contract doesnt give overtime after 5 hours. what u can do is stay inside the hub after
you clock out(if they let you) and find out who is getting more hours. what one guy does is says hes waiting to talk to human resources
and no one tells him to leave or sups get scared. another guy i know complained to Hr and corporate for the samething after management
would send him home but keep lower seniority now hes getting 30 hours a week.
 

blakerben

Well-Known Member
I appreciate all the feedback. I can't say that I like it, but I do understand what most said about if lower seniority employees get more total hours then I would have a valid grievance. Can someone tell me where it says that in the contract because I can't seem to find it?Now all that being said, it's still very frustrating because everything revolves around seniority at UPS, and to be told that I have to go home while watching lower seniority stay just doesn't sit well with me. It's never been an issue my 8 years here, but all of a sudden they started doing it the past few months.
 

UnconTROLLed

perfection
IF someone with less seniority is getting more hours, or more OT....that's the argument.

It is my understanding that you can be inside the facility one hour before, and one hour after your shift.

Your BA, or steward, should have the OR which shows hours worked by all in your work area. Between that and grieving supervisors working, you may not even want to stay and work if you don't have to! Just file file file off the clock, walk around, eat a snickers in the meantime just for optimum satisfaction :D

In this case, is the BA just out of the loop? Is there more to the story? If no one is getting OT and you are at 5 hours, I don't see an issue.
 

blakerben

Well-Known Member
I appreciate all the feedback. I can't say that I agree with all of it, but I do understand what most said about if lower seniority employees get more total hours then I would have a valid grievance. Can someone tell me where it says that in the contract because I can't seem to find it? I see where it says we our guaranteed 3 1/2, but not anything about where they can break seniority and send higher seniority home first. It's very frustrating because everything revolves around seniority at UPS, and to be told that I have to go home while watching lower seniority stay, just doesn't sound right. I feel like if I want to be the first to come in and the last to leave, I've earned the seniority to do that.
 

Please Call Center

Well-Known Member
As long as they don't work one minute or more than you, you have nothing to grieve. You start 30 minutes before everyone else. Basicaly the rest of the employees have a half-hour to get off the clock before you can greive.
 

blakerben

Well-Known Member
My understanding of the contract must be different because I don't see anything about everyone has to get the same amount of hours on a shift, or that they can send me home at 5 hours. If I could see where it says that in the contract, then it would be easier to let it go. I mean, lets say I got 5 hours and 20 mins, and the other employees only got 4 hours and 50 mins. Well, we all got our guaranteed 3 1/2, and anything over that guarantee should go to seniority. I know that I come in 30 mins earlier than the other employees, but its part of the shift in which we are all only guaranteed our 3 1/2. As a side note, the two employees I listed on my grievances, both have the same opportunities to come in 30 mins early like I do because they need two more people. And they could also work through break. They choose not to do that, which of course they don't have to, but my point is that they have the opportunity to work more.
 

22.34life

Well-Known Member
I have never encountered this problem in 20 years at ups.senority guarantees u the right to work.so if the op gets cut out at 5 while junior employee stays on the clock,I don't know seems like it could be won.my advice would be write the grievance vague,don't be so specific.example,don't explain start times and get into detail about overtime,simple write I was forced off the clock while a junior employee was allowed to perform the work.
 

22.34life

Well-Known Member
The company's portion is this,no one is guaranteed overtime so if a p/t is getting 5 and a junior is getting under 5 they have the right to pay the straight time because u are still getting more time then the junior employee.that being said be vague in ur grievance.
 

22.34life

Well-Known Member
The real issue here is the time before the sort is extra work which is granted in seniority order.so if they let u come in early but clock u out early it ceases to become extra work.i have never encountered this but it is an interesting language issue,I would love to see this presented at a panel.
 

BigUnionGuy

Got the T-Shirt
THEN YOU should get paid!!! Let them work and make that dBl time $ for ya!


As long as you perform your "due diligence" by offering to do the work.

You just can't sit idly by, and expect to collect.


For example;

Hey supervisor (JoeBob)....

"You are doing the work of Union members. I am present, qualified, and available.

Can I do the work ?"


If refused.... it's a winner every time.



-Bug-
 

Pinball

New Member
As long as you perform your "due diligence" by offering to do the work.

You just can't sit idly by, and expect to collect.


For example;

Hey supervisor (JoeBob)....

"You are doing the work of Union members. I am present, qualified, and available.

Can I do the work ?"


If refused.... it's a winner every time.



-Bug-
I agree 100% BUT if they are forcing him off which it sounds like then they had their offer already! Imo
 

blakerben

Well-Known Member
I get it that we are not guaranteed overtime. That's not my issue. My issue is that there is still work at the end of the shift, and I am being sent home even though I have the highest seniority. Everything runs off of seniority, so why does UPS get to break seniority on this? I don't see it in the contract that lower seniority employees can stay over higher seniority.
 

Mugarolla

Light 'em up!
Now all that being said, it's still very frustrating because everything revolves around seniority at UPS, and to be told that I have to go home while watching lower seniority stay just doesn't sit well with me.

You're getting more hours than them, so there is no contractual violation.

So you want 6 hours and send the junior guys home after 3 1/2. Not gonna happen.

My understanding of the contract must be different because I don't see anything about everyone has to get the same amount of hours on a shift, or that they can send me home at 5 hours.

There is also no contractual language guaranteeing you more hours than a junior employee.

@BigUnionGuy already told you that they can use a junior employee at straight time before they have to pay you overtime, and he is correct.

I mean, lets say I got 5 hours and 20 mins, and the other employees only got 4 hours and 50 mins. Well, we all got our guaranteed 3 1/2, and anything over that guarantee should go to seniority.

Again, @BigUnionGuy already told you about the 3 1/2 guarantee and extra work. Again, he is correct.

My issue is that there is still work at the end of the shift, and I am being sent home even though I have the highest seniority.

As long as they are not getting more hours than you, there is no contractual violation. You have the highest seniority and are getting the most hours. Seniority honored contractually.

Everything runs off of seniority, so why does UPS get to break seniority on this?

They are not breaking seniority. They are giving the highest seniority employee, you, the most hours.

They do not have to send a junior employee home and let you finish his work.

I don't see it in the contract that lower seniority employees can stay over higher seniority.

Again, as @BigUnionGuy already told you, you only get that work over them, contractually, if it is extra work. Any work the junior employees get over their 3 1/2 is not extra work if that is part of their job.

As long as you are getting the most hours, nothing you can do.
 

blakerben

Well-Known Member
I understand what was said about being vague in a future grievance, but my BA knows my situation and has made it clear he will withdraw anything I file on this issue. So I have conceded on filing on it again. However I do enjoy the feedback I have received on this. I have another scenario I was curious about.... "It's gettting close to the end of the shift and they start cutting people. I have the highest seniority but they skip over me and let lower seniority go home." Could I grieve that they let lower seniority leave before me? If it is a grievance, why can't I grieve about them breaking seniority order and forcing me to leave close to the end while lower seniority stays. We are all sorters and we are all doing the same work.
 

Mugarolla

Light 'em up!
Could I grieve that they let lower seniority leave before me?

Nope.

As many have said on this site, your seniority gives you the right to work, not the right not to work.

If you want to be the one to go home, ask your sup and let him know that you want to leave. I'm sure he will honor your seniority, although contractually he doesn't have to.

If it is a grievance, why can't I grieve about them breaking seniority order and forcing me to leave close to the end while lower seniority stays

It's not a grievance. Nice try.

As long as you are getting the most hours of all the sorters, they can send you home and have them stay.

Remember, you started half an hour earlier. They can send you home and have everyone else stay half an hour.

So which is it?

Do you want to stay or go?
 

blakerben

Well-Known Member
What does that mean exactly?.........”Seniorty gives you the right to work, not the right to not work.” Let’s say that the area you are working in is staffed at the start, and there is a layoff available. Doesn’t the highest seniority get the first choice to take it? That would be using your seniorty to not work. And wouldn’t that be the same thing as I mentioned in my last post about it being close to the end of the shift and they start cutting people?
 

Mugarolla

Light 'em up!
Doesn’t the highest seniority get the first choice to take it?

Nope.

There may be one or two riders that allow this, but your seniority does not give you the right to go home.

Some centers may even do it this way, but contractually they don't have to


That would be using your seniorty to not work.

Nothing in the contract gives you the right to do this.

Contractually, your seniority gives you the right to work (UPS cannot work a junior employee without working you) not the right to not work (you cannot use your seniority to force UPS to send you home.)

And wouldn’t that be the same thing as I mentioned in my last post about it being close to the end of the shift and they start cutting people?

UPS does not have to send people home by seniority.

They normally do when everyone starts at the same time so that the senior employee gets the most time, but you are starting earlier than them.

Contractually, you have no right to force UPS to send home junior employees first, as long as you are getting more hours than them.
 
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