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<blockquote data-quote="40andOut" data-source="post: 1134074"><p>The "break" refers to breaking seniorty....being terminated.</p><p>The <strong><span style="font-family: 'Times New Roman'">The Central Region of Teamsters Supplemental Agreement</span></strong> language spicifically mentions "<strong><span style="font-family: 'Times New Roman'">This provision shall not affect an employee’s rights under Article 14.3 of the National Master UPS Agreement."</span></strong><span style="font-family: 'Times New Roman'"></span></p><p><span style="font-family: 'Times New Roman'">Which states:</span></p><p><span style="font-family: 'Times New Roman'"></span></p><p><span style="font-family: 'Times New Roman'"><strong><span style="font-size: 12px">Section 3. Permanently Disabled Employees </span></strong></span></p><p><span style="font-family: 'Times New Roman'"><strong><span style="font-size: 12px"></span></strong>[FONT=Times New Roman,Times New Roman]<span style="font-size: 12px">[FONT=Times New Roman,Times New Roman]<span style="font-size: 12px">The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. </span></span></span></p><p><span style="font-family: 'Times New Roman'"><span style="font-size: 12px"><span style="font-size: 12px">The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Safety and Health Grievance Committee. </span></span></span></p><p><span style="font-family: 'Times New Roman'"><span style="font-size: 12px"><span style="font-size: 12px">If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Safety and Health Committee. </span></span></span></p><p><span style="font-family: 'Times New Roman'"><span style="font-size: 12px"><span style="font-size: 12px">Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. </span></span></span></p><p style="text-align: left"><span style="font-family: 'Times New Roman'"><span style="font-size: 12px"><span style="font-size: 12px">The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis. - 7 - </p><p></span></span></span>[/FONT]<strong><u>[FONT=Times New Roman,Times New Roman]<span style="font-size: 12px">[FONT=Times New Roman,Times New Roman]<span style="font-size: 12px"><p style="text-align: left">If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed into the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his company seniority, and will receive the part-time contractual entitlements as per the appropriate Supplement, Rider, or Addendum using his Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should he become able to perform the essential functions of the job with or without a reasonable accommodation; have the ability to bid on openings as his seniority allows, providing he can perform the essential functions of that job; and have the ability to accept the part-time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan. </p><p></span></span></u><span style="font-size: 12px">[/FONT]</span>[/FONT]<span style="font-size: 12px"><p style="text-align: left">Section 3.1 </p><p></span></strong>[FONT=Times New Roman,Times New Roman]<span style="font-size: 12px">[FONT=Times New Roman,Times New Roman]<span style="font-size: 12px">Pursuant to Article 22.3 and Article 37 and notwithstanding language in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time positions that may be filled by employees who can no longer perform their assigned job. When full-time openings occur, these employees will be given the opportunity to fill the opening prior to the Employer hiring from the outside. The employee must be physically fit and qualified to perform the new job. The employee placed in the opening will be paid the rate for the job based upon the employee's seniority. </span></span></p><p><span style="font-size: 12px"><span style="font-size: 12px"></span>[/FONT]</span>[/FONT]</p><p></p><p></p><p></p><p>[/FONT]</p></blockquote><p></p>
[QUOTE="40andOut, post: 1134074"] The "break" refers to breaking seniorty....being terminated. The [B][FONT=Times New Roman]The Central Region of Teamsters Supplemental Agreement[/FONT][/B][FONT=Times New Roman][/FONT] language spicifically mentions "[B][FONT=Times New Roman]This provision shall not affect an employee’s rights under Article 14.3 of the National Master UPS Agreement."[/FONT][/B][FONT=Times New Roman] Which states: [B][SIZE=3]Section 3. Permanently Disabled Employees [/SIZE][/B][SIZE=3][/SIZE][FONT=Times New Roman,Times New Roman][SIZE=3][FONT=Times New Roman,Times New Roman][SIZE=3]The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Safety and Health Grievance Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Safety and Health Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. [LEFT]The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis. - 7 - [/LEFT][/SIZE][/SIZE][/FONT][SIZE=3][/SIZE][/FONT][B][U][FONT=Times New Roman,Times New Roman][SIZE=3][FONT=Times New Roman,Times New Roman][SIZE=3][LEFT]If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed into the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his company seniority, and will receive the part-time contractual entitlements as per the appropriate Supplement, Rider, or Addendum using his Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should he become able to perform the essential functions of the job with or without a reasonable accommodation; have the ability to bid on openings as his seniority allows, providing he can perform the essential functions of that job; and have the ability to accept the part-time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan. [/LEFT][/SIZE][/SIZE][/U][SIZE=3][SIZE=3][/SIZE][/FONT][/SIZE][/FONT][SIZE=3][LEFT]Section 3.1 [/LEFT][/SIZE][/B][SIZE=3][/SIZE][FONT=Times New Roman,Times New Roman][SIZE=3][FONT=Times New Roman,Times New Roman][SIZE=3]Pursuant to Article 22.3 and Article 37 and notwithstanding language in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time positions that may be filled by employees who can no longer perform their assigned job. When full-time openings occur, these employees will be given the opportunity to fill the opening prior to the Employer hiring from the outside. The employee must be physically fit and qualified to perform the new job. The employee placed in the opening will be paid the rate for the job based upon the employee's seniority. [/SIZE][/FONT][/SIZE][/FONT] [/FONT] [/QUOTE]
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