Husband is a driver, had a seizure, now what?

[happybob]

Please read the ADA law. An employer is required to accomodate an employee with or without a reasoable accomodation. Your husband is protected under Article 14 and 22 of the Collective Bargaining Agreement. But the Teamster will not enforce these article's, its some kind of back room deal with the company. I appologize for the one comment of the person saying he may kill or kill someone. These are the kind of mentalities you will run up against during this whole fight. The fact is UPS is required by Federal Law to provide you a job within your medical restrictions. They are demanding a 100% medical realease which in and of itsself is a "VIOLATION" of the ADA (Federal Law). You need to consult with an attorney that handles ADA LAW. As you can tell from the responses most people are extremely limited in their knowledge of both the ADA and their Civil Rights. Pay no attention to what the company says, they have a stead fast rule no-one and I mean no-one goes back to work without a full release. You can also file charge with the EEOC and tell them the company wants a full release from your husband and has told you that your husband is not covered under ADA and let the EEOC determine that. The person who mentioned the case in which a federal judge ruled about the Full Release Policy is right, the EEOC should know about it, the teamsters don't stand behind any medically deficiant person even when the Contract says they will. Good Luck

 

[Cezanne]

With most corporations eliminating pension and health and welfare packages and or pension trustees extending retirement age requirements. This kind of treatment appears to be an easy way out to get rid of hurting and aging long term employees to prevent paying future pension and health and welfare allocations. Also accommodations are given to non union employees, particularly management.

Question: Was your husband given the opportunity to bid on any inside combo positions or given the option to work two part time positions back to back?

 

[hockey717]

There is the most recent web site for the class action lawsuit against ups i encourage you to go to it.

 

[hockey717]

to 87714 evidentley you are management and as usual dead wrong the company has to make whatever job workable with or without an accommodation if you can only work 4 hrs a day the company must honor that restriction ,that is the law ups is going to lose this one.

 

[happybob]

You've posted that tripe before haven't you?

So that's your *professional* legal opinion? That the ADA *requires* UPS to "accommodate an employee with or without a reasonable accommodation?"

*Dozens* of courts across the country seem to have the idea that you're FOS.

We'll go through it one more time so you might get up to speed:

Whatever job you are trying to fill MUST EXIST - UPS does NOT have to "create" one for you.

You have to be qualified to fill that position - UPS doesn't have to go to any unreasonable lengths to train or prepare you to fill it.

And MOST IMPORTANTLY you must be FULLY CAPABLE of performing the functions of that job with REASONABLE ACCOMMODATION. Period. UPS does not have to significantly modify the functions of any job to accommodate you. Period.

"Reasonable" means, for instance, that if you can perform your driving job provided you wear a knee brace, or perhaps as long as you get lumbar support on your seat - then that is reasonable. But that means you're FULLY capable of performing that job - and that means you'll frequently lift up to 70 lbs, you'll be climbing in and out, you'll frequently be bending, stooping, stretching, etc.

You get a silly 20 pound lifting restriction and there is NO possibility of you being reasonably accommodated and you're DONE driving.

But it doesn't end there - you have a dopey 20 pound lifting restriction and you're pretty much done with ANY job at UPS. Fundamental job requirements of every hourly job I can think of off hand require lifting more than that.

Plenty of legal precedent on that. All over - not just with UPS.

Hopefully nobody takes your amateur legal advice seriously.

It seems you have read many legal precedents set in different courts around the country, or has someone higher up than yourself feed you this line. Have you read the recent 205 page court decission allowing the Class Suit filed against the company in the Pa Federal Distric Court. If you have, and I truely doubt it, then you would have read about the company useing the 100% healed policy before allowing injured employees to return to work as being a "perse" violation of the ADA. And, did you also read how the company is useing pretextual job descriptions to discriminate against it's employees. You see, I have read the decision, because of its profound effects in my case against the company. It's in the courts hands at this time that the company has in the past been able to accommodate individuals with severe lifting restrictions. They also have had thier management personnel testify that they retrained this individual to attain another position within the company. You see, precedent has been set. The company wil not be able to undo it's past practices. They are all in the courts now. UPS's dirty little secrets are now in the courts hands. You think 87 million for the lunch hour law suit was a lot of money? This case will dwarf that settlement.

What you havn't done in your post is address the Article 20 issues. When you are medically disqualified from driving, and I can't see how you would doubt that fact if the individual is having seizures, then he/she has a right to bump juniors part-timers, or junior full time inside workers, from their position.

You obviously have no legal training, and NEITHER no I. Argueing what the ADA calls for will better be argued by Attorneys, and not us. For any employee that has a disibility, and that disibility affects a major life function is entitled to relief. You must know your rights, and the best place to get that help is a lawyer. The EEOC is the government agency charged with settleing disputes between emploers and employees and this should be this persons first stop. Let them tell him/her if they are entitled to the benefits of the ADA. Contacting the Local Union and discussing his/her Article 20 rights must also be looked at. File a grievance under Article 20 now, not LATER. Good luck, and by the grace of GOD I pray your spouse recieves what's right.

 

[#1angelfan]

to 87114, you are an idiot, you must be management. remember, now with the pas system, anybody can do anybody's job . . maybe he can sort, or preload , or be in small sort. they can find something for him without creating another job for him. at my hub we are always looking for help.

 

[Covemastah]

write to Atlanta, give all names and see what happens,that should shake things up,if not go right down to the local news station in your best Browns and tell them about it .I'm sure that 6pm news cast will set off some bells down in Atlanta !!!!!!!

 

[#1angelfan]

i agree with woodsy, even though he is a redsox fan!!!!! just kidding!!!!

 

[trickpony1]

While you're at it file with the Office of Federal Contract Compliance Program (OFCCP). This is a government agency that is SUPPOSED to mandate employers of 2500 or more employees ( I think we meet that criteria) have programs in place to HIRE, RETAIN and PROMOTE handicapped persons. Type "OFCCP" into your favorite search engine.
I would also file with the department of labor also.
I would file with both in a timely manner.

I knew a pkg car driver that had diabetes. One day the company just up and decided he couldn't drive pkg cars even after he showed them DOT regs that say he could drive a CMV up the weight of 26001 pounds (I think).
The company put him in the hub working one shift (3-5 hours a night) for two years. How are you supposed to support a family on that?
Then, out of the kindness of their hearts, the company gave him a second PT shift. The only problem was there was a 4 hour gap between the two PT shifts. He worked this split schedule for two years. No stress there.
This guy didn't bother with the union. As another poster has commented the union isn't much help with injured, sick employees.
This guy got an attorney. The judge ruled there was a violation of the ADA. This guy won and won big. He's not allowed to talk about it (gosh, I wonder why.....) but he gets this big grin on his face when he is asked about it.
The company wants you to think your husband is the only person in the world that has had this type of crap happen to him.....he isn't. A good attorney will know where to search for court decisions regarding this. I would also pursue the class action avenue mentioned by another poster.

By the way........that guy is still driving his pkg car
Godspeed.

 

[trickpony1]

jbaase-

type "www.fmcsa.dot.gov" in your browser then,
in the blank box type "drugs" and press "go" then,
scroll down to 392.4 and click then
scroll down to paragraph "C" and read/print it.

If your husband is on medication for these "seizures" and it is prescribed by his doctor then this language applies to you.
I believe the regulations are more lenient for pkg car drivers than feeder drivers due to the size/weight of the vehicle.

Once again........Godspeed.

 

[beatupbrown]

Like what was talked before in this thread SS denies most claims at first.You must get A attorney who deals only in SS claims.It takes up two years to get it heard before a judge .SO YOU MUST GET A GOOD LAWYER AND FIGHT THIS!!Good luck.

 

[1989]

I know of a driver who had a stroke about 8 or 10 years ago. Now he works at the customer counter.

 

[upsgrunt]

I know of a driver who had a stroke about 8 or 10 years ago. Now he works at the customer counter.

Ever think the stroke was caused by your little game of give the complainer more work because you thought it was fun to see drivers act like 2 year olds?

 

[1989]

Ever think the stroke was caused by your little game of give the complainer more work because you thought it was fun to see drivers act like 2 year olds?

No, he was a good guy. I met him in the mid 80s when he delivered in the ghetto to the glass shop I used to work at. He always had a good attitude even now with his left arm partially paralysed, he still has a smile on his face.

 

[trickpony1]

He always had a good attitude even now with his left arm partially paralysed, he still has a smile on his face.

do you think that's because he got to see the closely guarded and well concealed side of the company that was compelled to make accomadations and continue employing him so he could make retirement instead of kicking him to the curb like spent rubbish?

 

[tieguy]

do you think that's because he got to see the closely guarded and well concealed side of the company that was compelled to make accomadations and continue employing him so he could make retirement instead of kicking him to the curb like spent rubbish?

I've seen the company make quite a few accomdations over the years for upsers and yet reading your response it does not appear you give them credit for anything. Even reading through this thread you see other posters give examples they have seen where the company did accomodate. The original poster clearly indicates that your union also failed to do their part. Yet again you give her the answers to start a long drawn out campaign of hate the company. I really wish you would leave us and work for fdx. You could easily become our secret weapon that single handidly destroys fdx with your ****ty attitude. Your the guy that if he was begging for handouts on the street would be flipping people the bird when they gave you their pocket money. Grattitude was never taught you . All you focus on is your campaign of hate the man. What a miserable ***** you must be.

 

[trickpony1]

The original poster clearly indicates that your union also failed to do their part.

What a miserable ***** you must be.

The union can only do so much. The company is gonna do what they jolly well want to do......... right, wrong or indifferent.
Before you address someone as a "miserable *****" and, no Cheryl, I don't want to file a complaint because I just consider the source, you may want to consider what they have been through and, if you're capable, walk a mile in their shoes.
I pray that you have happen to you what some of us have been through then you might, emphasis on might, have a vague understanding of what a lonely experience it is.

 

[tieguy]

I pray that you have happen to you what some of us have been through then you might, emphasis on might, have a vague understanding of what a lonely experience it is.

you really should be carefull with that praying thing. Gods not crazy about the devils favorite praying to him.

If you're advice given was simply to educate that person and his wife on their options then I would have no problem with it as I had no problem with other posters on this thread who give advice. But Your answer that you consistently give is never that easy. Your answer is always to give advice far and above what is needed. Using you as an example if you gave the same advice on how to take care of a pain in the rear nieghbor you would recommend burning their house down and raping their family. Your posts of help has always been to the extreme as they were here. You quickly assume the individual is always right and quickly always assume ups is wrong. Your hatred for ups is in direct contrast to the concept of prayer which you claim to practice.Your use of the word prayer is an abomination to your hate filled posts. You despise and hate ups with everything you have and yet you are stupid enough to work for this company that you hate so much. And thus you are the miserable pr-- I called you to be. There are times when the word is a foul one there are times when its an accurate discription of your personna. Each time you post here you show how stupid you are to continue working for someone you hate so much.