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The Latest UPS Headlines
UPS Not Obligated to Provide ‘Light Duty’ to Pregnant Truck Driver, Says Court
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<blockquote data-quote="InsideUPS" data-source="post: 1085471" data-attributes="member: 31414"><p><strong><span style="font-size: 12px">Section 4. Maternity and Paternity Leave</span></strong></p><p><strong><span style="font-size: 12px"></span></strong></p><p><strong><span style="font-size: 12px"></span></strong></p><p><span style="font-size: 10px">"It is understood that maternity leave for female employees shall be</span></p><p><span style="font-size: 10px">granted with no loss of seniority for such period of time as her doctor</span></p><p><span style="font-size: 10px">shall determine that she is physically unable to return to her normal</span></p><p><span style="font-size: 10px">duties and maternity leave must comply <u><strong>with applicable state</strong></u></span></p><p><span style="font-size: 10px"><u><strong>and federal laws</strong></u>".</span></p><p><span style="font-size: 12px">"A light duty request, certified in writing by a physician, <strong>shall be</strong></span></p><p><span style="font-size: 12px"><strong>granted in compliance with state or federal laws, <u>if applicable</u></strong>".</span></p><p></p><p></p><p><span style="font-size: 12px"><span style="font-size: 10px"><span style="font-size: 12px">nIce try I.... I like your attention to our contract language...</span> </span></span></p><p><span style="font-size: 12px"><span style="font-size: 10px"></span></span></p><p><span style="font-size: 12px"><span style="font-size: 10px">First, it would be interesting to know if this woman processed her maternity issue through the grievance process before going to the ACLU..etc.. I would hope that she at least filed a grievance based on the contract language you point out... (I can't believe any lawyer would take this case unless she did exhaust her options through the Union first). Considering the the courts have now dismissed this case, it <u>appears</u> on the surface that there is no violation of state or federal laws and therefore her request for light duty was justly denied. Unfortunately...as our contract often does... the contract language first appears to "give" you something and then "takes" it away... either in the same Section (if applicable for example) or later in a Region Supplement, State Rider, or Letter of Understanding..... </span></span></p><p><span style="font-size: 12px"><span style="font-size: 10px"></span></span></p><p><span style="font-size: 12px"><span style="font-size: 10px">One thing for sure.....our UPS contract is very poorly written and contains a significant amount of ambiguous information and language which often leaves issues open for interpretation (which is why many issues go to National and are decided by an arbitrator) . UPS has very deep pockets and hires only the best negotiators, lawyers, etc.. The Teamster representatives on the other hand are comprised of inexperienced retired hourly employees with some labor lawyers here and there looking over the contract. (No offense.....just saying how it is..). </span></span></p><p><span style="font-size: 12px"><span style="font-size: 10px"></span></span></p><p> <span style="font-size: 12px"><span style="font-size: 10px">IF this woman was not properly represented by her Local Union.....she could bring a lawsuit against them for "Failure to Properly Represent"....</span></span></p><p> <span style="font-size: 12px"></span></p><p> <span style="font-size: 12px"></span></p></blockquote><p></p>
[QUOTE="InsideUPS, post: 1085471, member: 31414"] [B][SIZE=3]Section 4. Maternity and Paternity Leave [/SIZE][/B] [SIZE=2]"It is understood that maternity leave for female employees shall be[/SIZE] [SIZE=2]granted with no loss of seniority for such period of time as her doctor[/SIZE] [SIZE=2]shall determine that she is physically unable to return to her normal[/SIZE] [SIZE=2]duties and maternity leave must comply [U][B]with applicable state[/B][/U][/SIZE] [SIZE=2][U][B]and federal laws[/B][/U]".[/SIZE] [SIZE=3]"A light duty request, certified in writing by a physician, [B]shall be[/B][/SIZE] [SIZE=3][B]granted in compliance with state or federal laws, [U]if applicable[/U][/B]".[/SIZE] [SIZE=3][SIZE=2][SIZE=3]nIce try I.... I like your attention to our contract language...[/SIZE] First, it would be interesting to know if this woman processed her maternity issue through the grievance process before going to the ACLU..etc.. I would hope that she at least filed a grievance based on the contract language you point out... (I can't believe any lawyer would take this case unless she did exhaust her options through the Union first). Considering the the courts have now dismissed this case, it [U]appears[/U] on the surface that there is no violation of state or federal laws and therefore her request for light duty was justly denied. Unfortunately...as our contract often does... the contract language first appears to "give" you something and then "takes" it away... either in the same Section (if applicable for example) or later in a Region Supplement, State Rider, or Letter of Understanding..... One thing for sure.....our UPS contract is very poorly written and contains a significant amount of ambiguous information and language which often leaves issues open for interpretation (which is why many issues go to National and are decided by an arbitrator) . UPS has very deep pockets and hires only the best negotiators, lawyers, etc.. The Teamster representatives on the other hand are comprised of inexperienced retired hourly employees with some labor lawyers here and there looking over the contract. (No offense.....just saying how it is..). IF this woman was not properly represented by her Local Union.....she could bring a lawsuit against them for "Failure to Properly Represent"....[/SIZE] [/SIZE] [/QUOTE]
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UPS Not Obligated to Provide ‘Light Duty’ to Pregnant Truck Driver, Says Court
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