Being pushed to resign

[JonFrum]

Thats a toughy, since UPS doesnt really have any "light duty" duty jobs, Ive always seen it your a 100% or you need to find another job. . .

And that policy of UPS is why they are being sued in a class action lawsuit. The suit claims that when UPS requires an employee to be "100% healed" or they can't return to work, that violates the Americans With Disabilities Act.

The suit covers all non-supervisory employees of UPS in the USA, since May 10, 2000. Naturally UPS is fighting the suit and delaying its progress.

Like all class actions, an effected employee does not have to formally join the suit to be covered. The suit goes forward, and if successfull, announcements will be made and all effected members of the class will be notified of the remedies available at the time. About 50,000 employees are potential members of the class.

About a year ago I published the link to the lawsuit's official website but it was censored by Browncafe. [I just tried it again and it is still censored.]

You might be able to read about the case here . . .
http://pupsinc.homestead.com/Harassment.html
. . . or just do an internet search.

 

[tieguy]

And that policy of UPS is why they are being sued in a class action lawsuit. The suit claims that when UPS requires an employee to be "100% healed" or they can't return to work, that violates the Americans With Disabilities Act.

The suit covers all non-supervisory employees of UPS in the USA, since May 10, 2000. Naturally UPS is fighting the suit and delaying its progress.

Like all class actions, an effected employee does not have to formally join the suit to be covered. The suit goes forward, and if successfull, announcements will be made and all effected members of the class will be notified of the remedies available at the time. About 50,000 employees are potential members of the class.

About a year ago I published the link to the lawsuit's official website but it was censored by Browncafe. [I just tried it again and it is still censored.]

You might be able to read about the case here . . .
http://pupsinc.homestead.com/Harassment.html
. . . or just do an internet search.

Gee whiz a scab site complaining because he can't post a link. Guess you want the whole ball of wax even though you won't show Cheryl the respect of joining the site.

 

[browned out]

Gee whiz a scab site complaining because he can't post a link. Guess you want the whole ball of wax even though you won't show Cheryl the respect of joining the site.

Tie, you are not really unfamiliar with this class action suit; are you? I think not. ups employees class . com ( one word ) Don't be a maroon or a mooroon. UPS is running a business. They do not care about their employees, nor should they. Please be honest.
At the end of the day all we have is our integrity.



On a related note. When I was off on comp for a hernia; I had to come in everyday to run the misload shuttle.

Another driver was brainwashed into taking disability after blowing his shoulder out after driving one of the piece of shi t 10 cubes that has since been crushed.

He hurt his shoulder because of the anti power steering and gave it a few days to get better. It did not. He should have reported it when it first happened but did not. If every driver reported every injury, everday; there would be hundreds if not thousands of calls to liberty mutual everyday.

Anyhow; the best part of this little tale is:

I am in the building running my TAW misloads with a 25lb max. This kid comes in when I am in between runs and tells the sup that he has a note from his doctor that will allow him to lift up to 50lbs. He then asks if UPS can accomadate him with some work with this restriction so he can support his family. The sup tells him no it is UPS policy to be 100% to be reinstated.


I am sure this is how Jim Casey would have rolled.

Lets make the guy come in who can only handle up to 25lbs. and not let our other employee (who we care so much about) who handle up to 50lbs. stay home at $280 a week on disbility stay home and try to support his family on that.

Stellar



you might as well register she does run a hell of a site

 

[over9five]

you might as well register she does run a hell of a site

Ditto that.

Jon, I don't particularly care if you're registered or not, but why is it you don't register?

 

[BigUnionGuy]

The reason Jon doesn't register is because he is TDU.

Nothing but a bunch of locker room lawyers and monday morning quarterback's.

They lay in the weeds trying to sound like authorities on everything that is the contract.... like they negotiated it.... when in reality they are just wanna be's.


-Bug-

 

[Shady Tree at UPS]

I have personally seen this many times and have personally argued this for two employees. If you are no longer able to perform youre job the employer and the union must get together and either displace a junior 22.3 employee or create a new friend/t position that will count toward the # of friend/t created jobs. One case i was involved in was a friend/t driver a 22.3 that came available was given to him small sort/ psc clerk
other p/t irreg sorter moved to small sort. Here is the language to back this up.

Art 14 sec. 3

The parties agree to abide by the provisions of the american disabilities act. The company shall be required to negotiate with the local union proir to providing a resonable accomodation to a qualified bargaining unit.

Section 3.1

Pursuant to art 22.3 and art 37 and notwithstanding language in the supplements,riders or Addenda, the employer and the union agree to meet and discusss certain friend/t positions that may be filled by employees who can no longer perform their assigned job. When friend/t openings occur, these will be given the opportunity to fill the openings prior to the employer filling from bid lists. the employye must be physically fit to perform the new job The employee placed in the opening will be paid the rate for the job based on the employees seniority.

Bring this up to youre local union remember art. 14 sect. 3 and 3.1 and in one case i argued not only was work created he also recieved disability.GOOD LUCK

 

[tieguy]

Tie, you are not really unfamiliar with this class action suit; are you? I think not. ups employees class . com ( one word ) Don't be a maroon or a mooroon. UPS is running a business. They do not care about their employees, nor should they. Please be honest.
At the end of the day all we have is our integrity.

Browned not sure where that comment came from. In looking at the quote you posted I was admonishing our resident sitescab for complaining that he can't fully utilize this site for his needs when he does not support it by registering. I did not deny knowing anything about lawsuits nor did I comment on whether UPS cares for its people or not.

On a related note. When I was off on comp for a hernia; I had to come in everyday to run the misload shuttle.

Another driver was brainwashed into taking disability after blowing his shoulder out after driving one of the piece of shi t 10 cubes that has since been crushed.

He hurt his shoulder because of the anti power steering and gave it a few days to get better. It did not. He should have reported it when it first happened but did not. If every driver reported every injury, everday; there would be hundreds if not thousands of calls to liberty mutual everyday.

Anyhow; the best part of this little tale is:

I am in the building running my TAW misloads with a 25lb max. This kid comes in when I am in between runs and tells the sup that he has a note from his doctor that will allow him to lift up to 50lbs. He then asks if UPS can accomadate him with some work with this restriction so he can support his family. The sup tells him no it is UPS policy to be 100% to be reinstated.


I am sure this is how Jim Casey would have rolled.

Lets make the guy come in who can only handle up to 25lbs. and not let our other employee (who we care so much about) who handle up to 50lbs. stay home at $280 a week on disbility stay home and try to support his family on that.

Stellar

But since you asked. I'm not sure UPS has any liability with the lawsuit since I'm sure they are following common business practice in denying disabilitys light duty. That does not mean they won't lose the case since the world of class actions does not follow common sense or logic. The plaintiffs are using ADA reasonable accomadation but ADA also states that the person must be able to perform the essential job functions of the job. Reasonable accomadation is a vague term but has not generally been used to overule the essential job functions of a job.

In your example ups has some liability with the workmans comp and there is a cost incentive for them to get you to work light duty. There is also a cost associated with your not being able to perform the job up to standards.

There is no incentive with doing so with a disability so you're right they won't undertake the cost of finding someone on disability busy work.

The fear like anything else is offering light duty for disability will get out of control. I would be interested to see what we think the cost would be to offer some type of light duty for those on disability. It would have to be very short term and controlled well.

When we throw the blame around though we also have to ask why your unions have not tried to negotiate some language on this topic more then the vague language presently covered under a couple of articles.



you might as well register she does run a hell of a site

 

[tieguy]

I have personally seen this many times and have personally argued this for two employees. If you are no longer able to perform youre job the employer and the union must get together and either displace a junior 22.3 employee or create a new friend/t position that will count toward the # of friend/t created jobs. One case i was involved in was a friend/t driver a 22.3 that came available was given to him small sort/ psc clerk
other p/t irreg sorter moved to small sort. Here is the language to back this up.

Art 14 sec. 3

The parties agree to abide by the provisions of the american disabilities act. The company shall be required to negotiate with the local union proir to providing a resonable accomodation to a qualified bargaining unit.

Section 3.1

Pursuant to art 22.3 and art 37 and notwithstanding language in the supplements,riders or Addenda, the employer and the union agree to meet and discusss certain friend/t positions that may be filled by employees who can no longer perform their assigned job. When friend/t openings occur, these will be given the opportunity to fill the openings prior to the employer filling from bid lists. the employye must be physically fit to perform the new job The employee placed in the opening will be paid the rate for the job based on the employees seniority.

Bring this up to youre local union remember art. 14 sect. 3 and 3.1 and in one case i argued not only was work created he also recieved disability.GOOD LUCK

you show a contradiction in language. You state the employer must
Where the language in the actual contract is much more vague and does not require the employer to actually create these positions. It requires ups discuss it with the union before doing so and it requires ups discusses the topic in general. It does not require the actual creation of these positions only the dialogue.

 

[Shady Tree at UPS]

Okay I see youre point but here's my experience if the individual has a. enough seniority that the cries throught the hub wont be to bad they'll play ball meaning big wigs and also b. key factor is individual employee. Both i dealt with were good people and worked with mgmt. gave a little and took a little. But i will give you this if they would have been the bottom of the barrel i dont think they would have played ball.

 

[JonFrum]

Gee whiz a scab site complaining because he can't post a link.

Not complaining, just stating.

Some may find the lawsuit's website interesting; some may find the fact that Browncafe censors it interesting.

I have personally seen this many times and have personally argued this for two employees. If you are no longer able to perform youre job the employer and the union must get together and either displace a junior 22.3 employee or create a new friend/t position that will count toward the # of friend/t created jobs. One case i was involved in was a friend/t driver a 22.3 that came available was given to him small sort/ psc clerk
other p/t irreg sorter moved to small sort. Here is the language to back this up.

Art 14 sec. 3

The parties agree to abide by the provisions of the american disabilities act. The company shall be required to negotiate with the local union proir to providing a resonable accomodation to a qualified bargaining unit.

Section 3.1

Pursuant to art 22.3 and art 37 and notwithstanding language in the supplements,riders or Addenda, the employer and the union agree to meet and discusss certain friend/t positions that may be filled by employees who can no longer perform their assigned job. When friend/t openings occur, these will be given the opportunity to fill the openings prior to the employer filling from bid lists. the employye must be physically fit to perform the new job The employee placed in the opening will be paid the rate for the job based on the employees seniority.

Bring this up to youre local union remember art. 14 sect. 3 and 3.1 and in one case i argued not only was work created he also recieved disability.GOOD LUCK

Caution, everyone!!!

The UPS National Master Article 14, Section 3.1 says such employees will be given the opportunity to fill the openings prior to the Employer "hiring from the outside."

Big difference. No bumping of existing employees allowed!

 

[JonFrum]

Shady,
Where exactly did you get that Article 14, Section 3.1 Contract language about "filling from bid lists" instead of "hiring from the outside"? It's not in the Master, or Local 705's Contract, or Local 710's. Something's fishy, Shady.

 

[Shady Tree at UPS]

Southern region supplement, copied it word for word.

 

[JonFrum]

Southern region supplement, copied it word for word.

There is no Article 14, Section 3.1 in the Southern Supplement! The Master contains Articles 1 thru 45, and the Southern Supplement begins with Article 46.

 

[tieguy]

Okay I see youre point but here's my experience if the individual has a. enough seniority that the cries throught the hub wont be to bad they'll play ball meaning big wigs and also b. key factor is individual employee. Both i dealt with were good people and worked with mgmt. gave a little and took a little. But i will give you this if they would have been the bottom of the barrel i dont think they would have played ball.

my experience is there have been very few accomadations ever made where a position was created for someone that was hurt.

When you discuss putting people into existing jobs you then violate the principles of seniority that your union is built on and you block some part timer from being able to take his step up into that 22.3 job.

 

[stevetheupsguy]

If any of you have read my other threads you're already aware of my on going battle with Liberty Mutual. herniated a disc, they sent me to quack doctors who gave me anti-inflammatory pills, cortizone shots & phys therapy. All of which did nothing. finally had surgery, was told it was a 95% success rate. got better for awhile, then started having muscle spasms down my left leg to the point where I couldnt walk. Did another 6 months in phys therapy. Felt much better but still had some pain in my left calf right where the sciatic nerve is. Doc told me that I may need to start looking for another career & sent me back to work, full duty. Put in 4 days, came in on a Weds & asked if I could bump one of the rookies who was gonna go home anyway so I could sit on the heating pad & relax & stretch all day cause my left leg was feeling sore. woke up Thurs & couldnt walk or make a bowel movement, called it in & they referred me back to Liberty. Liberty sent me to a neurosurgeon for a 2nd opinion, he wants another MRI done because the 3 I had for him werent visible enough for him. He then told me that manual labor may not be for me & that depending on what the MRI shows I'll either be going for surgery again or I'll have to deal with the pain for the rest of my life with medications. Callled my lawyer directly afterwards & gave him the scoop & explained to him that if they think they can push me out of UPS I have every intention of fighting them to the bloody friend'ing death over it. I'm your typical UPS driver, some days I love my job & other days I hate it but I wouldnt trade it for the world because there is no better place to be for a blue collar schlub like myself with no college education. My lawyer seems to think they can put me in a light-duty position if it comes down to it. I told him I think he's wrong due to the union & seniority & bid rules. So my question is: if I'm disqualyfied from work by the doctors & I'm out of a job comepletely?

Sorry, I know this is an old thread, but just caught my eye and wanted to give some of my experience.
I was injured on the job and went through the same thing for 2 1/2 years before I returned to work and was able to perform my job properly. Liberty tried to say I was 100% but I wasn't. I found a lawyer who wasn't interested in me settling, and he helped me get the proper care I needed. I've been back to work now 6 years without a reoccurrence.

my experience is there have been very few accomadations ever made where a position was created for someone that was hurt.

When you discuss putting people into existing jobs you then violate the principles of seniority that your union is built on and you block some part timer from being able to take his step up into that 22.3 job.

Hey tie. A guy in my center was diagnosed with a disease that DOT regs would prohibit him from driving. Accomodations were made for him to do another job at then top driver pay. To this day he is still doing this job. Wouldn't this be true of an injury?

 

[705red]

Sorry, I know this is an old thread, but just caught my eye and wanted to give some of my experience.
I was injured on the job and went through the same thing for 2 1/2 years before I returned to work and was able to perform my job properly. Liberty tried to say I was 100% but I wasn't. I found a lawyer who wasn't interested in me settling, and he helped me get the proper care I needed. I've been back to work now 6 years without a reoccurrence.



Hey tie. A guy in my center was diagnosed with a disease that DOT regs would prohibit him from driving. Accomodations were made for him to do another job at then top driver pay. To this day he is still doing this job. Wouldn't this be true of an injury?

Steve there is a difference between someone being accomodated for a workers comp injury and someone being medically dot dqed. The ada has laws and the employee should see if he qualifies for ada.

 

[tieguy]

Steve there is a difference between someone being accomodated for a workers comp injury and someone being medically dot dqed. The ada has laws and the employee should see if he qualifies for ada.

the problem with ADA language has always been that it is too vague. Reasonable accomadation tends to become the decision of a judge somewhere. this law was designed to keep the lawyers employed.

 

[tieguy]

Steve there is a difference between someone being accomodated for a workers comp injury and someone being medically dot dqed. The ada has laws and the employee should see if he qualifies for ada.

 

[trickpony1]

the problem with ADA language has always been that it is too vague. Reasonable accomadation tends to become the decision of a judge somewhere. this law was designed to keep the lawyers employed.

.....or it was designed to keep big business from doing "the right thing" by continuing to employ hard working, loyal employees.
It's much easier for the company to set the injured/sick employee on the curb with last weeks trash.

 

[tieguy]

.....or it was designed to keep big business from doing "the right thing" by continuing to employ hard working, loyal employees.
It's much easier for the company to set the injured/sick employee on the curb with last weeks trash.

No doubt things are that way in your mind.