Support our fellow working discharged NY drivers.

realbrown1

Annoy a liberal today. Hit them with facts.
No one has brought up whether the Maspeth 250 would be eligible to receive unemployment compensation. Generally you don't get unemployment if you are fired for cause---I would think job abandonment would be cause and these drivers would not be eligible.


Sent using BrownCafe App
No wonder that nobody on here likes you.
 

Brown Spider

Well-Known Member
No one has brought up whether the Maspeth 250 would be eligible to receive unemployment compensation. Generally you don't get unemployment if you are fired for cause---I would think job abandonment would be cause and these drivers would not be eligible.


Sent using BrownCafe App
Job abandonment has not been definitively established yet. At any rate, the drivers have the right to file a claim for unemployment compensation and UPS has the right to contest that claim. UPS often does contest the claim but does not always win. Some years ago, I was terminated for "cause" and UPS contested my claim. They lost and I was able to collect unemployment compensation until I was reinstated. Obviously, the amount of unemployment compensation that I received offset my eventual back pay award.
 

JadedBull

Member
I would agree except that in order to strike, the local has to take a vote and then give the warning period. "UPS, we are going to strike in 72 hours," (or whatever amount of time) on paper and signed by the local officers. That letter of intent to strike never occurred, hence "wildcat." They were right to strike, but they were impulsive and that clearly has a lot of ramifications.
It's kind of frustrating because I know their mgmt has been treating them so badly for so long, they really shouldn't have allowed themselves to be swept up by the moment, despite how good it felt.

I just don't see a requirement in the supplemental contract that there has to be a vote or that the local officers have to give 72 hours notice in writing.

I see in the National, article 8, in part:
Except as provided in subsections (b) and (c) of this Section,strikes, work stoppages,slowdowns,walkouts or lockouts over disputes, which do not arise under provisions of this National Master Agreement,shall be permitted or prohibited as provided in the applicable Supplement,Rider and/or Addendum. The Local Union shall give the Employer a seventy-two (72) hour prior written notice of the Local Union’s authorization of strike action,which notice shall specify the majority National Grievance Committee decision or deadlocked National Grievance Committee decision providing the basis for such authorization.

Several of us have talked about UPS violating the grievance procedure which is covered under the supplement. Since the situation does not arise under provisions of the National, you follow what the supplement says.

There isn't any vote or written notice in the supplement. At least I haven't found it. If you can, please point it out. Like I've said before, I am not a lawyer and not trying to be a locker room lawyer. I am just trying to interpret the contract and the Melville arbitration.

It looks like the Local has a good case. Just my opinion. Anyone that can point to language that says otherwise, please do.
 

UPSGUY72

Well-Known Member
I just don't see a requirement in the supplemental contract that there has to be a vote or that the local officers have to give 72 hours notice in writing.

I see in the National, article 8, in part:
Except as provided in subsections (b) and (c) of this Section,strikes, work stoppages,slowdowns,walkouts or lockouts over disputes, which do not arise under provisions of this National Master Agreement,shall be permitted or prohibited as provided in the applicable Supplement,Rider and/or Addendum. The Local Union shall give the Employer a seventy-two (72) hour prior written notice of the Local Union’s authorization of strike action,which notice shall specify the majority National Grievance Committee decision or deadlocked National Grievance Committee decision providing the basis for such authorization.

Several of us have talked about UPS violating the grievance procedure which is covered under the supplement. Since the situation does not arise under provisions of the National, you follow what the supplement says.

There isn't any vote or written notice in the supplement. At least I haven't found it. If you can, please point it out. Like I've said before, I am not a lawyer and not trying to be a locker room lawyer. I am just trying to interpret the contract and the Melville arbitration.

It looks like the Local has a good case. Just my opinion. Anyone that can point to language that says otherwise, please do.

Your in the union you vote to go on strike you don't play follow the leader.

What is a strike?

A strike occurs when employees collectively agree to stop working in order to gain concessions from an employer, typically after contract negotiations break down. While strikes tend to grab media attention, they are rare and typically a last resort. More than 95 percent of all Teamster contracts are negotiated without a strike being called.

Before a strike is called, the union typically notifies the company that it intends to call a strike vote. A majority of workers in the bargaining unit must vote in favor of a strike before one can be called. The decision rests with the affected workers. Most strikes are called for economic reasons—to improve wages, health benefits, retirement benefits, etc. And because most contracts include a no-strike clause, they typically occur only after a contract expires, not during the term of the contract.

Strikes can be called at any time if extremely unsafe working conditions occur or if the company has participated in an “unfair labor practice.” But these types of noneconomic strikes are very rare.

Most Teamster contracts also include language that protects Teamster members who refuse to cross active picket lines of other striking unions. Check with your steward or local for more information on the language and protections in your contract.

What is a no-strike clause?


Most employers insist that the union agree not to strike for the duration of a contract. Such an agreement is enforceable in court and makes wildcat strikesillegal.

No-strike clauses have been interpreted to ban almost all strikes during the life of the contract, except strikes in response to abnormally dangerous working conditions. Strikes are still legal, of course, when the contract expires.
 

bigd

Well-Known Member
If the union have such a strong case for the actions by this Eboard than please someone tell me when is the arbitration hearing?!...
 

upsman105

New Member
Ok, 250 walked out. How many stayed at their jobs? Or did everybody walk out? If you did stay on your job and did not walk out, and if the strike was legal, would that mean you are a union member but basically crossed a picket line? Is there consequences for refusal to honor a Union called strike?
 

Johnny Paycheck

Speak softly and carry a big stick.
Ok, 250 walked out. How many stayed at their jobs? Or did everybody walk out? If you did stay on your job and did not walk out, and if the strike was legal, would that mean you are a union member but basically crossed a picket line? Is there consequences for refusal to honor a Union called strike?
They're the union, what can they do? Kick you out? Scary.
 

UpstateNYUPSer(Ret)

Well-Known Member
Ok, 250 walked out. How many stayed at their jobs? Or did everybody walk out? If you did stay on your job and did not walk out, and if the strike was legal, would that mean you are a union member but basically crossed a picket line? Is there consequences for refusal to honor a Union called strike?

The 250 that walked was about 2/3 of the drivers in that building. From what has been relayed here many of the 250 were confused as to what was actually going on. Some of them had already punched in, which would be grounds for job abandonment, while others joined the walkout on their way in to the building. This was not a union sanctioned work stoppage---this was a rogue BA with an axe to grind with the company. To be fair, the BA did advise those standing outside of the possible consequences of their actions, which could include termination. Those who chose to do the right thing have nothing to worry about----those who chose to walk need to update their resumes.
 

member6045

Well-Known Member
Where is the support from the joint council 16 and the International! Has the local gone alone and decided they can fix this on there own?


Remember? When a TDU local steps in poop! What do they do? Blame someone else!
 

realbrown1

Annoy a liberal today. Hit them with facts.
Where is the support from the joint council 16 and the International! Has the local gone alone and decided they can fix this on there own?


Remember? When a TDU local steps in poop! What do they do? Blame someone else!
Good question. Did Joint Council 16 and the International abandon local 804?
I see politicians in NY supporting local 804 drivers, where are the union bosses?
 

member6045

Well-Known Member
Good question. Did Joint Council 16 and the International abandon local 804?
I see politicians in NY supporting local 804 drivers, where are the union bosses?
I'm sure you and the board know the answer? But if that's the case? our members job will be in the hands of one person from ups!


Remember? When a TDU local steps in poop! What do they do? Blame someone else!
 

realbrown1

Annoy a liberal today. Hit them with facts.
I'm sure you and the board know the answer? But if that's the case? our members job will be in the hands of one person from ups!


Remember? When a TDU local steps in poop! What do they do? Blame someone else!

Nope. Not 1 person from UPS. There are laws that deal with this. If they 1 person from UPS does decide to terminate any driver, they will be fighting in arbitration, then maybe panels, then courts.

See, not 1 person.

Where is Hoffa in all of this? Haven't heard a peep out of him.
 

stink219

Well-Known Member
Nope. Not 1 person from UPS. There are laws that deal with this. If they 1 person from UPS does decide to terminate any driver, they will be fighting in arbitration, then maybe panels, then courts.

See, not 1 person.

Where is Hoffa in all of this? Haven't heard a peep out of him.
Ohhhhh, now we want Hoffa's help? 804 always has the answers against the international, until the step in crap. Maybe Hoffa will get involved after Liam's suspension?


~A liar knows that he is a liar, but one who speaks mere portions of truth in order to deceive is a craftsman of destruction.~
 

realbrown1

Annoy a liberal today. Hit them with facts.
Ohhhhh, now we want Hoffa's help? 804 always has the answers against the international, until the step in crap. Maybe Hoffa will get involved after Liam's suspension?


~A liar knows that he is a liar, but one who speaks mere portions of truth in order to deceive is a craftsman of destruction.~

I think Hoffa would stop playing golf with CEO's for a minute, to help save 250 teamster jobs.

Wouldn't he?
 

oldngray

nowhere special
The union has been too quiet on the whole situation. I think they realize the best solution may be to sacrifice Liam but are unwilling to do it.
 
[quote"realbrown1, post: 1296835, member: 46221"]I think Hoffa would stop playing golf with CEO's for a minute, to help save 250 teamster jobs.

Wouldn't he?[/quote]
Doubt It......after golf, he has to go count,kickback money!
 
Top