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What happens if you cannot pass dot physical and your a full time driver.
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<blockquote data-quote="Dark_Team_135" data-source="post: 772894" data-attributes="member: 17242"><p><em>ARTICLE 20. EXAMINATION AND IDENTIFICATION FEES</em></p><p><em>Section 4. Disqualified Driver - Alternative Work</em></p><p><em>Except as provided for in Article 16, a driver who is judged medically unqualified to drive, but is considered physically fit and qualified to perform other inside jobs, will be afforded the opportunity to displace the least senior full-time or part-time inside employee at such work <strong>until he/she can return to his/her driving job</strong> unless otherwise provided for in the Supplements, Riders or Addenda. While performing the inside work, the driver will be paid the highest part time rate as an employee with equivalent seniority or current area practice. If no full-time inside position is available, the Employer will meet with the Local Union to develop a full-time position, if possible out of available work.</em></p><p> </p><p>They used the part in bold I believe to say this language is only for temporary medical issues. If it is a permanent issue, they won't be returning to their driving job barring a medical miracle so they fall under ADA according to UPS. Our cases have been to panels and that was the interpretation of that language.</p><p> </p><p>Our most recent case was a driver that broke his ankle on-the-job and because of some botched surgeries he had a 35% loss of use and couldn't climb into or out of a package car. After twenty years+ of service, they fired him because he could no longer perform his driving job. Union had given up on him but he got with the law firm that was suing UPS for the 100% release class action case and after a big meeting with a lot of attorneys in Chicago, he was given a porter's position. We have 10+ people in his same position but because they don't have and can't afford an attorney, they are still off of work, for some of them it has been years...</p><p> </p><p>If anyone knows of a specific decision that says this language includes permanent injuries/illnesses please cite the case for me.</p></blockquote><p></p>
[QUOTE="Dark_Team_135, post: 772894, member: 17242"] [I]ARTICLE 20. EXAMINATION AND IDENTIFICATION FEES[/I] [I]Section 4. Disqualified Driver - Alternative Work[/I] [I]Except as provided for in Article 16, a driver who is judged medically unqualified to drive, but is considered physically fit and qualified to perform other inside jobs, will be afforded the opportunity to displace the least senior full-time or part-time inside employee at such work [B]until he/she can return to his/her driving job[/B] unless otherwise provided for in the Supplements, Riders or Addenda. While performing the inside work, the driver will be paid the highest part time rate as an employee with equivalent seniority or current area practice. If no full-time inside position is available, the Employer will meet with the Local Union to develop a full-time position, if possible out of available work.[/I] They used the part in bold I believe to say this language is only for temporary medical issues. If it is a permanent issue, they won't be returning to their driving job barring a medical miracle so they fall under ADA according to UPS. Our cases have been to panels and that was the interpretation of that language. Our most recent case was a driver that broke his ankle on-the-job and because of some botched surgeries he had a 35% loss of use and couldn't climb into or out of a package car. After twenty years+ of service, they fired him because he could no longer perform his driving job. Union had given up on him but he got with the law firm that was suing UPS for the 100% release class action case and after a big meeting with a lot of attorneys in Chicago, he was given a porter's position. We have 10+ people in his same position but because they don't have and can't afford an attorney, they are still off of work, for some of them it has been years... If anyone knows of a specific decision that says this language includes permanent injuries/illnesses please cite the case for me. [/QUOTE]
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