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Temporary Cover Driver??
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<blockquote data-quote="BrownShark" data-source="post: 335391" data-attributes="member: 12148"><p>TieLie,</p><p> </p><p>you said:</p><p></p><p> </p><p><span style="color: #0000ff"><span style="color: black">TIE, </span></span></p><p> <span style="color: #0000ff"></span></p><p><span style="color: #0000ff"><span style="color: black">Interesting piece of</span></span><span style="color: black"> disinformation. What I have provided are the contractual interpretations and applications of our contract.</span></p><p> </p><p><span style="color: #000000">In addition, I provided a hypothetical argument that i would make if I was to handle the case in my district.</span></p><p> </p><p><span style="color: #000000">If you actually read and comprehended what I was talking about, you would understand the many complexities of this case.</span></p><p> </p><p><span style="color: #000000">Since you brought it up, Seniority is just one of the many complexities. When her husband was hired inproperly, he was assigned to "preload" but never spent one day in preload. He either worked a day in the center or went home.</span></p><p> </p><p><span style="color: #000000">It wasnt until the moment he was told to report to preload that the actually spent anytime in that operation. Here is the problem.</span></p><p> </p><p><span style="color: #000000">He spent almost 2 yrs in package, now he reports to preload and is classified in his true classification as a preloader. In January, where does he select vacation? If he was a true cover driver, he would select in package at the bottom of the seniority list. However, he is <strong><span style="color: red">NOT</span></strong> a cover driver/preloader, he instead was hired for a position that did not or does not exist.</span></p><p> </p><p><span style="color: #000000">Therefore, he would have to select in preload, but wait, he worked 2yrs, how could he be at the bottom of the seniority pole in preload if he worked for 2 yrs? But then again, how could he be higher than preloaders who worked preload for those same 2 yrs??</span></p><p> </p><p><span style="color: #000000">This is the problem. Where do you place him in seniority? If he was assigned to preload and never spent a day in preload, what is his seniority date, and further, what is his rate of pay and where is he in progression? Another complexity.</span></p><p> </p><p><span style="color: #000000">The next issue is this, when he was hired, he was assigned to preload, he worked in package and NEVER went back to preload to complete days he would have otherwise been entitled to. The contract addresses this issue. </span></p><p> </p><p><span style="color: #000000">When he reported on Monday, he was guaranteed 40 hours or TOP DRIVERS RATE OF PAY for any days worked in the week, then returned to preload to work his guaranteed 3.5 hours at inside rate. Since the company never sent him back and sent him home, he is due back pay on several issues.</span></p><p> </p><p><span style="color: #000000">First, they must go back and calculate how many days he missed in preload where they sent him home without pay.</span></p><p> </p><p><span style="color: #000000">Second, they must calculate how many 40 hour weeks he was cheated out of when he reported on a monday.</span></p><p> </p><p><span style="color: #000000">Third, they must calculate how many days he was NOT paid TOP DRIVERS RATE OF PAY on the days where he worked singular or partial weeks.</span></p><p> </p><p><span style="color: #000000">You can imagine that this could be in the thousands of dollars.</span></p><p> </p><p><span style="color: #000000">The next issue becomes one of seniority violations..If there were regular seniority cover drivers in his hub that <strong><span style="color: red">DID NOT</span></strong> get to drive because the company chose to work her husband, the top seniority cover driver would be entitled to every dime that her husband gets paid for the two years or the total of time they were denied the work.</span></p><p> </p><p><span style="color: #000000">This too is in the Thousands of dollars.</span></p><p> </p><p><span style="color: #000000">The next issue is the 30 in 90 rule.</span></p><p> </p><p><span style="color: #000000">Hypothetically, I will take her word that he worked for 2 yrs as a "temp cover driver" and stayed in the center the whole time.</span></p><p> </p><p><span style="color: #000000">The contract addresses this issue. <strong>Any cover driver who works ANY 30 days in a 90 day period will result in the company hiring one (1) full time driver from the seniority driving list.</strong></span></p><p> </p><p><span style="color: #000000">90 days is a quarter, there are 4 quarters in a year, excluding november and december (4th quarter) that makes for <strong><span style="color: red">3 new full time drivers</span></strong> that have to be hired by the company in each year her husband worked.</span></p><p> </p><p><span style="color: #000000">This is why we have contracts, to avoid these types of confusions. Unfortunately, there are those operators who believe they can outsmart the contract only to find out they screwed the company out of thousands of dollars.</span></p><p> </p><p><span style="color: #000000">Do the math, this plus this plus this plus this still equals an operator who should no longer work for UPS. This is stealing time and money from employees.</span></p><p> </p><p><span style="color: #000000">This would be my leverage to settle this case.</span></p><p> </p><p><span style="color: #000000">If you recall, I began my response to this thread with a caviat that stated that each local has slightly different rules and without knowing what local her husband is in, I can only use a general response using the langauage available.</span></p><p> </p><p><span style="color: #000000">This issue is not a new one. Prior to 1997, a practice called "casual drivers" was a legitimate practice. These drivers were hired off the street to cover vacations and the like during the summer months and peak.</span></p><p> </p><p><span style="color: #000000">The practice ended when "we" negotiated the cover driver language in 1997. This work was no longer to be done by "off the street" hires and helped to create more full time positions for our part timers.</span></p><p> </p><p><span style="color: #000000">The original cover driver language evolved out of language the locals created in New Mexico.</span></p><p> </p><p><span style="color: #000000">Tie, I never said this was easy. There are two rules of thought here, one, terminate her husband, make a seniority driver "whole" for lost wages, or</span></p><p> </p><p><span style="color: #000000">Follow the contract word for word, dollar by dollar and promote the proper number of full timers to drivers in lieu of 30 in 90, make any affected cover driver (denied the opportunity to work) whole for lost wages, make her husband file a grievance and take the matter to arbitration (locally if applicable) and ask that the company make him full time with backpay and backdated seniority.</span></p><p> </p><p><span style="color: #000000">Then I would seek to have the operator responsible for this action terminated. Thats the easy part.</span></p><p> </p><p><span style="color: #000000">The company has acted irresponsibly in this case based upon the limited facts known so far. This cannot be disputed.</span></p><p> </p><p><span style="color: #000000">Its time for the company to get the big picture and see how many managers are cheating "to make the numbers"</span></p><p> </p><p><span style="color: #000000">Peace<img src="/community/styles/default/xenforo/smilies/FeltTip/peaceful.png" class="smilie" loading="lazy" alt=":peaceful:" title="Peaceful :peaceful:" data-shortname=":peaceful:" /></span></p></blockquote><p></p>
[QUOTE="BrownShark, post: 335391, member: 12148"] TieLie, you said: [COLOR=#0000ff][COLOR=black]TIE, [/COLOR] [COLOR=black]Interesting piece of[/COLOR][/COLOR][COLOR=black] disinformation. What I have provided are the contractual interpretations and applications of our contract.[/COLOR] [COLOR=#000000]In addition, I provided a hypothetical argument that i would make if I was to handle the case in my district.[/COLOR] [COLOR=#000000]If you actually read and comprehended what I was talking about, you would understand the many complexities of this case.[/COLOR] [COLOR=#000000]Since you brought it up, Seniority is just one of the many complexities. When her husband was hired inproperly, he was assigned to "preload" but never spent one day in preload. He either worked a day in the center or went home.[/COLOR] [COLOR=#000000]It wasnt until the moment he was told to report to preload that the actually spent anytime in that operation. Here is the problem.[/COLOR] [COLOR=#000000]He spent almost 2 yrs in package, now he reports to preload and is classified in his true classification as a preloader. In January, where does he select vacation? If he was a true cover driver, he would select in package at the bottom of the seniority list. However, he is [B][COLOR=red]NOT[/COLOR][/B] a cover driver/preloader, he instead was hired for a position that did not or does not exist.[/COLOR] [COLOR=#000000]Therefore, he would have to select in preload, but wait, he worked 2yrs, how could he be at the bottom of the seniority pole in preload if he worked for 2 yrs? But then again, how could he be higher than preloaders who worked preload for those same 2 yrs??[/COLOR] [COLOR=#000000]This is the problem. Where do you place him in seniority? If he was assigned to preload and never spent a day in preload, what is his seniority date, and further, what is his rate of pay and where is he in progression? Another complexity.[/COLOR] [COLOR=#000000]The next issue is this, when he was hired, he was assigned to preload, he worked in package and NEVER went back to preload to complete days he would have otherwise been entitled to. The contract addresses this issue. [/COLOR] [COLOR=#000000]When he reported on Monday, he was guaranteed 40 hours or TOP DRIVERS RATE OF PAY for any days worked in the week, then returned to preload to work his guaranteed 3.5 hours at inside rate. Since the company never sent him back and sent him home, he is due back pay on several issues.[/COLOR] [COLOR=#000000]First, they must go back and calculate how many days he missed in preload where they sent him home without pay.[/COLOR] [COLOR=#000000]Second, they must calculate how many 40 hour weeks he was cheated out of when he reported on a monday.[/COLOR] [COLOR=#000000]Third, they must calculate how many days he was NOT paid TOP DRIVERS RATE OF PAY on the days where he worked singular or partial weeks.[/COLOR] [COLOR=#000000]You can imagine that this could be in the thousands of dollars.[/COLOR] [COLOR=#000000]The next issue becomes one of seniority violations..If there were regular seniority cover drivers in his hub that [B][COLOR=red]DID NOT[/COLOR][/B] get to drive because the company chose to work her husband, the top seniority cover driver would be entitled to every dime that her husband gets paid for the two years or the total of time they were denied the work.[/COLOR] [COLOR=#000000]This too is in the Thousands of dollars.[/COLOR] [COLOR=#000000]The next issue is the 30 in 90 rule.[/COLOR] [COLOR=#000000]Hypothetically, I will take her word that he worked for 2 yrs as a "temp cover driver" and stayed in the center the whole time.[/COLOR] [COLOR=#000000]The contract addresses this issue. [B]Any cover driver who works ANY 30 days in a 90 day period will result in the company hiring one (1) full time driver from the seniority driving list.[/B][/COLOR] [COLOR=#000000]90 days is a quarter, there are 4 quarters in a year, excluding november and december (4th quarter) that makes for [B][COLOR=red]3 new full time drivers[/COLOR][/B] that have to be hired by the company in each year her husband worked.[/COLOR] [COLOR=#000000]This is why we have contracts, to avoid these types of confusions. Unfortunately, there are those operators who believe they can outsmart the contract only to find out they screwed the company out of thousands of dollars.[/COLOR] [COLOR=#000000]Do the math, this plus this plus this plus this still equals an operator who should no longer work for UPS. This is stealing time and money from employees.[/COLOR] [COLOR=#000000]This would be my leverage to settle this case.[/COLOR] [COLOR=#000000]If you recall, I began my response to this thread with a caviat that stated that each local has slightly different rules and without knowing what local her husband is in, I can only use a general response using the langauage available.[/COLOR] [COLOR=#000000]This issue is not a new one. Prior to 1997, a practice called "casual drivers" was a legitimate practice. These drivers were hired off the street to cover vacations and the like during the summer months and peak.[/COLOR] [COLOR=#000000]The practice ended when "we" negotiated the cover driver language in 1997. This work was no longer to be done by "off the street" hires and helped to create more full time positions for our part timers.[/COLOR] [COLOR=#000000]The original cover driver language evolved out of language the locals created in New Mexico.[/COLOR] [COLOR=#000000]Tie, I never said this was easy. There are two rules of thought here, one, terminate her husband, make a seniority driver "whole" for lost wages, or[/COLOR] [COLOR=#000000]Follow the contract word for word, dollar by dollar and promote the proper number of full timers to drivers in lieu of 30 in 90, make any affected cover driver (denied the opportunity to work) whole for lost wages, make her husband file a grievance and take the matter to arbitration (locally if applicable) and ask that the company make him full time with backpay and backdated seniority.[/COLOR] [COLOR=#000000]Then I would seek to have the operator responsible for this action terminated. Thats the easy part.[/COLOR] [COLOR=#000000]The company has acted irresponsibly in this case based upon the limited facts known so far. This cannot be disputed.[/COLOR] [COLOR=#000000]Its time for the company to get the big picture and see how many managers are cheating "to make the numbers"[/COLOR] [COLOR=#000000]Peace:peaceful:[/COLOR] [/QUOTE]
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