Loader I was moved after filing grievance to Unloading

[BigMeatSandwich]

I filed 2 grievance for supervisor working and now they moved me to unloading (2 weeks later). I used to get 4.5-3.5 hrs and now I barely get 3 hours. Sometimes they even let us go home early because we don't even make it to 3.5 hours. tttt

Can they do this? I have perfect attendance and rarely late.

My steward is on vacation and I have no one to talk to. All the other employees I know are silent and don't want to say anything.

Is loading a skilled position? How can I get my job back? What do I do?


I tried to go back to my old area and saw the part time supervisor still working! And then the full time supervisor caught me and told me to go back to unloading and that if I didn't do so he would fire me for "not working as directed".

SO YES - I went to check my old area and she is still working. Can I still file even though I am not part of that area?

They kept moving me around all week as a loader and then the full time supervisor told me I would be staying in unloading. He told me to punch out as soon as I am done unloading.

 

[LeadBelly]

You are guaranteed 3,5 hours. File a grievance under articles 37 and 21 and sort it out with the ba and labor manager.

 

[UpstateNYUPSer(Ret)]

Did you request your 3.5?

 

[HEFFERNAN]

File a grievance on the grounds of harassment.

It also depends on how long you have worked here, if you were assigned that position or bid it, among other things.
That's a conversation you should have with your steward.

 

[BigMeatSandwich]

Did you request your 3.5?

No didn't have to. They paid us for 3.5 and let us go early because there was nothing to do.

 

[BigMeatSandwich]

File a grievance on the grounds of harassment.

It also depends on how long you have worked here, if you were assigned that position or bid it, among other things.
That's a conversation you should have with your steward.

I have worked in that area for almost 2 years. I have the 2nd most seniority out of 5 people.

 

[UpstateNYUPSer(Ret)]

I don't see where you have basis for a grievance.

 

[BigMeatSandwich]

File a grievance on the grounds of harassment..

Can I attach a monetary demand to it? Like file a harassment grievance for X dollars every day they keep me in unloading. So each day I file a new harassment grievance until I am moved back?

 

[UpstateNYUPSer(Ret)]

Can I attach a monetary demand to it? Like file a harassment grievance for X dollars every day they keep me in unloading. So each day I file a new harassment grievance until I am moved back?

The only monetary relief that may be available is if your "replacement" is getting more hours than you.

There is no "harassment penalty " per se.

 

[km3]

File for harassment because they retaliated against you. Make sure you're getting paid for at least 3.5.

If you're confident you can prove retaliation, you may be able to file a federal complaint as well.

 

[km3]

My steward is on vacation and I have no one to talk to. All the other employees I know are silent and don't want to say anything.

Call your union hall and get in touch with your business agent.

 

[HEFFERNAN]

Can I attach a monetary demand to it? Like file a harassment grievance for X dollars every day they keep me in unloading. So each day I file a new harassment grievance until I am moved back?

You're filing harassment for the one time retaliation.
Every building is different, past practice can be invoked, and if it's a bidded position.
Your steward and business agent will have more info than you can get here.

Even if you win this argument, the bulls-eye will be on your back for a long time.
Make sure you are not making mistakes and doing your job correctly.
They will fill up your folder with warning letters and discipline.

 

[km3]

Can I still file even though I am not part of that area?

Technically you can still file, but now that you're on the radar, you don't want to do that unless you see her working in the course of your work. Do not leave your area during work. Do not go hunting for grievances before or after your work. They'll fire you for staying in the building too long.

 

[BigMeatSandwich]

I don't see where you have basis for a grievance.

There is basis for a grievance because an employer is not allowed to take retaliation against a union member for exercising his union rights to which filling a grievance is one of them. If 2 years have gone by without having the need to move me and all of the sudden they find the need to move me after I file a grievance and in effect my hours are reduced as a result then it can easily be proven that it is harassment masquerading as over-management.

 

[km3]

There is basis for a grievance because an employer is not allowed to take retaliation against a union member for exercising his union rights to which filling a grievance is one of them. If 2 years have gone by without having the need to move me and all of the sudden they find the need to move me after I file a grievance and in effect my hours are reduced as a result then it can easily be proven that it is harassment masquerading as over-management.

Agreed. Funny thing is, he said himself in your last topic that "it does appear to be retaliatory in nature."

Watch yourself, though. You need to have a good conversation with your BA over what you can and cannot be fired for without progressive discipline.

 

[BigMeatSandwich]

I filed 2 grievances. The first one they got off because the full time supervisor told me it wouldn't happen again. So I signed that it was settled on the grievance and that cancelled my grievance. Then about 3 weeks later I see the part time supervisor working again like nothing happened. I was sorry I canceled my grievance. I file another one and this happens.

They lied to me and knew I was going to file again and by that time they were prepared to move me to unloading. They set me up. I should have never canceled my first grievance. Now they moved me and will probably have my second grievance thrown out because I cancelled my first one.

How am I suppose to explain to the wife that I am off almost 100 dollars this week. That's what they stole from me!

 

[km3]

and will probably have my second grievance thrown out because the first I cancelled my first one.

The only way your second grievance will be thrown out is if you don't have enough proof that the supervisor was working. Just make it clear you have no intention of settling this time.

 

[BigMeatSandwich]

The only way your second grievance will be thrown out is if you don't have enough proof that the supervisor was working. Just make it clear you have no intention of settling this time.

What proof do I need?

 

[Dr.Brownz]

What proof do I need?

They like to see records of exactly when and for how long the sup worked. Having other union members say they saw it too helps alot

 

[km3]

What proof do I need?

Witnesses always help. Maybe not technically necessary, but they improve your chances significantly. And if you don't have any witnesses, as many details as you can remember about what the supervisor was doing, saying, etc..