Discussion in 'UPS Union Issues' started by iunnoimjustaFT, Dec 22, 2017.
What’s up with this? Even if you follow the process of filing, arbitration
Who told you that???
8 men awarded $5.3 million from UPS; effigy hung from ceiling
From what I understand you have to go through the union grevience procedure, nlrb if not being represented properly, eeoc and then you can sue. Somebody correct me if I'm wrong.
I'm still trying to figure this stuff out, but my current understanding is that the grievance process only applies to alleged contract violations. The contract may require that the company follow certain laws, such as ada, and these requirements are included so those laws must be considered in grievance proceedings. The contract and grievance procedure should not adversely impact your protection under the law.
Many companies have their employees sign an arbitration agreement, meaning that any legal issues the employee has with the company will be heard and decided by an arbitrator. I'm still looking into how this works with UPS. It seems like plenty of employees have successfully filed lawsuits against UPS.
You are 100% right that the grievance should be filed for contracts you have with your employer to see if there is a violation. There are some cases ( very rare ) that the grievance doesn’t work because the language wasn’t interpreted properly on both ends (union and company ).
I’m familiar with that story. I was talking about suing over contract violations like 9.5 and harassment. Sorry for not being more clear.
Also this isn’t anti-union rhetoric, I enjoy having my pay, benefits and rights negotiated by the union. I just don’t get why I can’t go and enforce the contract my own way.
It makes sense. There are court cases where employees are harrassed to such an extent they are awarded monetary damages. If it goes through our grievance process the supervisor would just get a slap on the wrist.
Having options is a good thing, id like to think i have the option of pursuing my case in a real court if i ever choose to.
Yeah I wasn’t even thinking about suing them by myself, but in a situation where a large group of disgruntled 9.5ers who have documented harassment could pull together to sue for the hostile work environment.
You would have to go through eeoc and osha channels first. Make an osha complaint about a hostile work environment, and make an eeoc complaint about harassment and discrimination.
It could be done
Like I said, anybody correct me if I'm wrong.
This article mentions cases specifically addressing fsla violations, but the explanation of rights can be generalized.
Do Union Employees Have to File a Grievance Before Filing a Lawsuit for Violations of the FLSA? | The Spitz Law Firm
This is a contract issue. The resolution process of a contract violation is the grievance procedure.
Not when you are getting harassed and "discriminated" Against. Hard to prove and most lawyers wouldn't want to take on ups, but a case can be made
Harassment is covered in NM Art 37. "Discriminatory acts prohibited by law" therefore an act you in theory could sue for, is a contract violation covered in NM Art 36.
If you think a lawsuit is a better remedy, by all means see an attorney, but let them know you're working under a CBA. If the attorney has morals, he/she will direct you to follow your labor agreement's resolution process. They may even do this before taking your money.
This was posted in another thread about a week ago. I'm curious to learn more about this myself.
Lead belly is dead right from my consultations with multiple attorneys. I was going through some issues at ups a few years ago and was told exactly what he said.
Go through the grevience process, eeoc, than you can get the ball rolling concerning a lawsuit. It's hard to get to that point and having multiple drivers all with detailed paper trails helps.
My issues got resolved before it got far. I don't know if the eeoc complaint was the reason, or what was the reason to be honest, but I have since not been harassed, retaliated, or discriminated against.
I also got paid a nice 9.5 check at the same time that took over a year to get, a real nice check.
FYI i usually run under 1hr over allow, closer to .5 my building seems to think it's ok to harass the guy running .5 over every day because he's on the 9.5 list while not saying a word to the guys running 2-3hr over allow.
I'm under the impression, and please correct me if I'm wrong, that the grievance process can only grant compensatory remedies provided for under the contract. Only an arbitrator or the courts can award punitive damages. Lawyers are more likely to take on a case if there is a large class to represent, because there is a better chance of a large enough award to make it worthwhile.
Google ups lawsuits individuals have filed lawsuits and won.
It all comes down to the lawyer and the facts of the case as to whether a lawyer will take on a case. My class comment was in response to a couple of previous comments about whether or not a lawyer would/should take on a case.
I was told that your right to sue varied by state by an attorney. Typically I was told the the Teamsters hold the contract that defines the terms of your employment and thus they have the right to sue. There are exceptions that trump the contract such as forms of discrimination. In some cases a contract is directly between a worker and the company, and then you'd have the right to sue. The attorney said I'd have to sue the union if I felt the union was not forcing UPS to abide by the contract. This was just one attorney's opinion.
Technically you cannot use the union; however, you do have the right to file a complaint with the NLRB is you feel that the union has not lived up to their end of the bargain.
You as an individual can sue the company but only after exhausting the grievance process.
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