Union employees can’t sue?

[Frankie's Friend]

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.

wrong. again. please explain the highlighted comment.
suit is just one more option in a list of remedies.

 

[SoCalUPS]

Yes you can sue. Unions grieve and arbitrate for contract violations. Unions go after monies owed for unjust suspension/termination or to recoup straight or overtime hours. An arbitrator will not award damages for pain and suffering. A private attorney is needed for that.

 

[Mugarolla]

Yes, you can sue the Company.

When you can sue depends on what you are using for. Sometimes you have to wait for the outcome of the grievance process first, other times you can go right to a lawsuit without, or coinciding with, a grievance.

And yes, different States have different regulations.

 

[Spicybrother]

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.

Spoke with buddy who is attorney. Says you are entirely wrong in my state. I’d suggest speaking with attorney in ones state.

 

[burrheadd]

Spoke with buddy who is attorney. Says you are entirely wrong in my state. I’d suggest speaking with attorney in ones state.

Wow, that’s a shocker!!

 

[burrheadd]

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.

Do you know this? Or just pulling stuff outta your arse

 

[Returntosender]

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.

That you will mostly lose. Courts refer to language in the contract between the two parties.

You can sue for harassment if you can prove intentional infliction of emotional distress. You need to document everything from diad messages, your certification and recertification in small package division. Disciplinary records from prior to 9.5 listing and after your 9.5 listing. You want to prove after your 9.5 you experience harassment that didn’t exist prior to 9.5.

Tort law if I remember right plaintiff needs to prove 51% to win case.

 

[Returntosender]

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.

Only for contract language violations the union will get involved.

If the op was sexual assaulted by the manager the union will say not in the contract go to the police.

 

[zubenelgenubi]

The contract doesn't offer any remedies for harassment. Our local has been talking about trying to include a monetary remedy for harassment in the next contract.

 

[UpstateNYUPSer(Ret)]

The contract doesn't offer any remedies for harassment. Our local has been talking about trying to include a monetary remedy for harassment in the next contract.

Would there be a payment scale based upon the level of harassment?

 

[zubenelgenubi]

Would there be a payment scale based upon the level of harassment?

I'm not sure on the details, but I'd just as soon have language that would allow the union to force UPS to terminate managers who have repeatedly harassed employees. There needs to be some sort of deterrent.

 

[km3]

I'm not sure on the details, but I'd just as soon have language that would allow the union to force UPS to terminate managers who have repeatedly harassed employees. There needs to be some sort of deterrent.

I don't really like the idea of paying employees for harassment grievances. I feel like it could give them incentive to file when harassment doesn't exist. Maybe a monetary penalty that gets paid to the local union?

I don't think the union can make UPS agree to language dealing with the discipline of management, otherwise I'd like that idea.

 

[zubenelgenubi]

I don't really like the idea of paying employees for harassment grievances. I feel like it could give them incentive to file when harassment doesn't exist. Maybe a monetary penalty that gets paid to the local union?

I get the feeling that was what they were angling for. Maybe they could add it to the strike pay funds.