Weingarten Rights - Right to union representation

[bleedinbrown58]

They always beat YOU down, maybe.

My UPS experience has been relat ively stress-free compared to some of the S I hear you and other speak to on a regular basis. Things have changed for me with new management and I'm reacting to it.


I swear, BB58, you act like people are ing automatons and respond identically to stress in every situation, 365 days out of the year. Sorry if I don't have as big a set of dick and balls as you, bro-- I'm just trying to take this one day at a time. You don't have to be new to be caught off-guard and fed the up.

I'm not saying its not stressful or upsetting....I'm saying you can't take it personally...,it's an annual thing. Yes, I got a new center manager just after peak ended. And they love to start thinning the herd and making there numbers and complaining about this and that. They will pick on whoever they perceive to be the weakest. RTS anything they stick in your face while working. Even if you just say...I'll sign that later after I get a chance to read it. When in doubt, ask for your steward.

 

[bleedinbrown58]

I like that idea. Standard responses are easier to dole out like a robot when you've got a cue card on-hand.

My point is in a month...they'll move on to someone else and leave you alone. It's not worth losing your cool and quitting over.


yes 9 times out of 10...when new management rolls in...I'm an seemingly easy target. The only female in a preload center of 35 loaders/sorters. Until they realize I am loud, opinionated, quick to file grievances and good at what I do....lol.

 

[oldngray]

Every time they shuffle around management the new guy has to try to shake things up to show he is making a difference. Eventually everything goes back to how it was previously done (that worked).

 

[Mugarolla]

When the company decides to bring a part time Steward in to represent a full time driver I start giving the full time grievances to part time supes.
This whole situation gets to be a mess when the company tries to avoid giving the employee appropriate representation. The language needs (as usual) to be more restrictive.

I agree. If you are FT, you should have a FT steward. PT stewards usually deal with different issues.

Point was that the OP seemed to be PT. If there was a PT steward present and no FT steward there yet, the company can use the PT steward. They are not obligated to wait for a FT steward to get there.

 

[jibbs]

I agree. If you are FT, you should have a FT steward. PT stewards usually deal with different issues.

Point was that the OP seemed to be PT. If there was a PT steward present and no FT steward there yet, the company can use the PT steward. They are not obligated to wait for a FT steward to get there.

Correct. In the OP's case, however, there is no PT union steward on the preload. We don't have any union representation on-the-clock during the preload at my center until the drivers start rolling in between 7am-8am.

 

[bleedinbrown58]

Every time they shuffle around management the new guy has to try to shake things up to show he is making a difference. Eventually everything goes back to how it was previously done (that worked).

I lucked out this time around...my new center manager has known me since I came to this center. I don't expect preferential treatment but he knows better than to ride my ass...lol.

 

[jibbs]

I lucked out this time around...my new center manager has known me since I came to this center. I don't expect preferential treatment but he knows better than to ride my ass...lol.

It's good to know I can expect this every time there's a change in management higher than PT supe, ....

 

[bleedinbrown58]

Correct. In the OP's case, however, there is no PT union steward on the preload. We don't have any union representation on-the-clock during the preload at my center until the drivers start rolling in between 7am-8am.

Then when they shove papers for you to sign in your face while loading...tell them you can't sign them without a steward present. Same goes if they call u into the.office....don't answer any questions.

 

[jibbs]

Then when they shove papers for you to sign in your face while loading...tell them you can't sign them without a steward present. Same goes if they call u into the.office....don't answer any questions.

Lol, thanks to this thread I think I've coached myself well enough to never get tripped up after asking for a union steward again.

 

[bleedinbrown58]

It's good to know I can expect this every time there's a change in management higher than PT supe, ....

More often than not...yes. They will single people out....and shake em down. Keep your cool, don't lose your head. "I'm doing the best that I can, Supervisor."

 

[10 point]

We had a senior driver who filibustered for about 15-20 minutes every time he was called into the office for a talk with. After about the first ten minutes I just sat down in a chair and tried to keep from snickering. He was still jabbering at them when they asked him to leave the office and he talked at them all the way to his truck.

It only took a few of those episodes for management to decide to overlook the small stuff with him.

He liked "talk withs".

 

[TooTechie]

You cannot necessarily request a specific steward. If you are a preloaded and there is a preload steward, management can grab him and continue the discussion.

You cannot refuse to use him and tell management that you would rather wait for the driver steward.

National Master

Article 4

The Employer recognizes the employee’s right to be given requested representation by a Steward, or the designated alternate, at such time as the employee reasonably contemplates disciplinary action. The Employer also recognizes the steward’s right to be given requested representation by another Steward, or the designated alternate, at such time as the Steward reasonably contemplates disciplinary action. When requested by the Union or the employee, there shall be a steward present whenever the Employer meets with an employee concerning grievances or discipline or investigatory interviews. In such cases, the meeting shall not be continued until the steward or alternate steward is present.

We're talking Weingarten rights, not contractual verbiage. See what I typed above for NLRB ruling. In some cases contract can trump NLRB rulings, but we've been successful referencing the NLRB ruling, regardless of the language in the NMA.

 

[TooTechie]

We had a senior driver who filibustered for about 15-20 minutes every time he was called into the office for a talk with. After about the first ten minutes I just sat down in a chair and tried to keep from snickering. He was still jabbering at them when they asked him to leave the office and he talked at them all the way to his truck.

It only took a few of those episodes for management to decide to overlook the small stuff with him.

He liked "talk withs".

We have a guy like that too, which is funny, but he gets himself worked up as he goes on his tirade and gets borderline screaming so he has to be reined in. Stewards can shout and use mild profanity, but members can run into a "workplace violence" problem if they start screaming at a sup.

 

[OLDMAN3]

We're talking Weingarten rights, not contractual verbiage. See what I typed above for NLRB ruling. In some cases contract can trump NLRB rulings, but we've been successful referencing the NLRB ruling, regardless of the language in the NMA.

I guess I don't see the contradiction between the NLRB ruling and the NMA section below. The NMA wording does not specify what happens when the employee rejects the alternate, but the NLRB ruling does. In the NMA, if the employee agrees to the alternate, the meeting can continue. It does not say the meeting must continue even if the alternate is rejected by the employee. So I can see how you have been successful using the NLRB ruling.

National Master Article 4
The Employer recognizes the employee’s right to be given requested representation by a Steward, or the designated alternate, at such time as the employee reasonably contemplates disciplinary action. The Employer also recognizes the steward’s right to be given requested representation by another Steward, or the designated alternate, at such time as the Steward reasonably contemplates disciplinary action. When requested by the Union or the employee, there shall be a steward present whenever the Employer meets with an employee concerning grievances or discipline or investigatory interviews. In such cases, the meeting shall not be continued until the steward or alternate steward is present.

 

[Dr.Brownz]

My center has no breaks. I'm not even allowed cigarette breaks anymore (new manager's rule), meanwhile he allows PT supes to pull for hourlies while they go out and have a 15min smoke break (one of the reasons I feel like I'm personally being targeted).

But yeah. No breaks. Even if we did have them, there isn't a union steward on the preload shift in my center. Hasn't been for 1.5-2 years now.





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well I'd call your BA or someone at the union

 

[Mugarolla]

We're talking Weingarten rights, not contractual verbiage. See what I typed above for NLRB ruling. In some cases contract can trump NLRB rulings, but we've been successful referencing the NLRB ruling, regardless of the language in the NMA.

I would like you to show me where it is in the law that you can deny using an available steward and wait until there is another one present.

I understand that if there is no steward present at the time, management needs to stop the interview and wait until there is a steward present.

I also know, under Weingarten, that if there is more than 1 steward equally available, you do have your choice of which steward to use.

But if there is a steward working, you cannot refuse to use him and wait for another one who may be available later that day.

 

[ski or die]

I would like you to show me where it is in the law that you can deny using an available steward and wait until there is another one present.

I understand that if there is no steward present at the time, management needs to stop the interview and wait until there is a steward present.

I also know, under Weingarten, that if there is more than 1 steward equally available, you do have your choice of which steward to use.

But if there is a steward working, you cannot refuse to use him and wait for another one who may be available later that day.

The only problem with that is if the company waits till the only steward available is the one who normally looks the other way. I know when I was steward, their was several that I wouldn't want in a meeting with me. Including a BA. I also, I found screaming and cussing during a meeting did not help resolve anything. Usually just let management hang themselves with what they would say before I filed a grievance for the employee.

 

[ski or die]

I would like you to show me where it is in the law that you can deny using an available steward and wait until there is another one present.

I understand that if there is no steward present at the time, management needs to stop the interview and wait until there is a steward present.

I also know, under Weingarten, that if there is more than 1 steward equally available, you do have your choice of which steward to use.

But if there is a steward working, you cannot refuse to use him and wait for another one who may be available later that day.

The only problem with that is if the company waits till the only steward available is the one who normally looks the other way. I know when I was steward, their was several that I wouldn't want in a meeting with me. Including a BA. I also, I found screaming and cussing during a meeting did not help resolve anything. Usually just let management hang themselves with what they would say before I filed a grievance for the employee.

 

[oldngray]

The only problem with that is if the company waits till the only steward available is the one who normally looks the other way. I know when I was steward, their was several that I wouldn't want in a meeting with me. Including a BA. I also, I found screaming and cussing during a meeting did not help resolve anything. Usually just let management hang themselves with what they would say before I filed a grievance for the employee.

I saw the same thing where one steward would be a company yes man who UPS always wanted everyone to use.

 

[you aint even know it]

When I say supe, I mean my PT supe's boss's boss. So... building supervisor? On-road supe? Idk. He's up there. It would've been my supe's boss but he was out today, so the guy he reports to was the one to come give me . That's where the intimidation came into play. It wasn't because of who he is personally, but what his official title/role is that changed how I would typically carry myself.

[EDIT: The reason it was





I appreciate that kind of response coming from you, Frigid (from your postings on here I've come to assume you're in management, is what I mean).

Sounds like a center manager to me.