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UPS Union Issues
Temporary Cover Driver??
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<blockquote data-quote="BrownShark" data-source="post: 334539" data-attributes="member: 12148"><p>Mrs UPS,</p><p> </p><p>In this case, based upon the description you provided, the argument should be this:</p><p> </p><p>UPS hired him illegally and outside the parameters of the contract. They "used" him improperly, as cover drivers DO NOT and ARE NOT suppose to cover for option days or R-days or days off on a day where management sends a full time driver home.</p><p> </p><p>The reason is the full time driver makes top rate of pay, and to send him home and pay your husband 22 bucks an hour saves them money. But this practice is improper.</p><p> </p><p>Your husband, should he work a route where the regular driver took an R-day, should be paid TOP DRIVER rate of pay for the day.</p><p> </p><p>The fact that the "established" practice was to use your husband as a "casual" driver (a practice eliminated in 1997 negotiations) , your case should center around the company having to promote him to full time driving mainly because the implied premise was that he was working as an "assigned" driver to the center. I would ask them to provide a copy of the article, section or addendum that establishes the practice of part time off the street cover drivers. This they cannot do and would demonstrate how wrong it was in the first place.</p><p> </p><p>Since the company never had him report to preload during that time where he drove, it could be argued that they hired him as a full time driver , then if that is successful, it could be argued that the company owes him backpay for all the days he was shorted his 40 hour guarantee.</p><p> </p><p>This is the case I would make in arbitration.</p><p> </p><p>They kept him in the center, using him primarily as a package driver, and having never set foot in preload, and part time positions are always inside and not outside, I would argue that he should be "transitioned" into full time status with backdated seniority upon his 30 days probation.</p><p> </p><p>Two years of this practive makes for good leverage.</p><p> </p><p>Also, the agent should be argueing for this.</p><p> </p><p>I would attempt to contact your local District manager along with your husband and write a strong letter outlining what happened and ask him why he authorizes such a practice then advise him you will contact corporate and file a complaint with them unless he intervenes and remedies the situation.</p><p> </p><p>Remember, this is only an argument that I would make given the circumstances. The company and the union will try to take the easy road out of the situation.</p><p> </p><p>Best wishes,</p><p> </p><p>BrownShark.<img src="/community/styles/default/xenforo/smilies/FeltTip/peaceful.png" class="smilie" loading="lazy" alt=":peaceful:" title="Peaceful :peaceful:" data-shortname=":peaceful:" /></p></blockquote><p></p>
[QUOTE="BrownShark, post: 334539, member: 12148"] Mrs UPS, In this case, based upon the description you provided, the argument should be this: UPS hired him illegally and outside the parameters of the contract. They "used" him improperly, as cover drivers DO NOT and ARE NOT suppose to cover for option days or R-days or days off on a day where management sends a full time driver home. The reason is the full time driver makes top rate of pay, and to send him home and pay your husband 22 bucks an hour saves them money. But this practice is improper. Your husband, should he work a route where the regular driver took an R-day, should be paid TOP DRIVER rate of pay for the day. The fact that the "established" practice was to use your husband as a "casual" driver (a practice eliminated in 1997 negotiations) , your case should center around the company having to promote him to full time driving mainly because the implied premise was that he was working as an "assigned" driver to the center. I would ask them to provide a copy of the article, section or addendum that establishes the practice of part time off the street cover drivers. This they cannot do and would demonstrate how wrong it was in the first place. Since the company never had him report to preload during that time where he drove, it could be argued that they hired him as a full time driver , then if that is successful, it could be argued that the company owes him backpay for all the days he was shorted his 40 hour guarantee. This is the case I would make in arbitration. They kept him in the center, using him primarily as a package driver, and having never set foot in preload, and part time positions are always inside and not outside, I would argue that he should be "transitioned" into full time status with backdated seniority upon his 30 days probation. Two years of this practive makes for good leverage. Also, the agent should be argueing for this. I would attempt to contact your local District manager along with your husband and write a strong letter outlining what happened and ask him why he authorizes such a practice then advise him you will contact corporate and file a complaint with them unless he intervenes and remedies the situation. Remember, this is only an argument that I would make given the circumstances. The company and the union will try to take the easy road out of the situation. Best wishes, BrownShark.:peaceful: [/QUOTE]
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