MDVC Form Changes

[MyTripisCut]

Let's assume a driver wants to write a false statement against another driver: Is there anything that can be done to fight against this? How can a driver protect himself against baseless allegations?

I'm trying to imagine such a scenario, and it's dangerous. Turn-coat "teamsters".

not sure of your specific problem but the last sentence here is a good place to start.


ARTICLE 37. MANAGEMENT EMPLOYEE RELATIONS
Section 1.
(a) The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall per- form their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, co- erce or overly supervise any employee in the performance of his or her duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any griev- ance alleging retaliation for exercising his rights under the Agree- ment, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.

 

[browned out]

Still trying to understand your concerns ?

Concerns start here: UPS is not forthright with what is required by law and the fact that they are jamming extra language into the UPS MDVC illegally.

Disclosure: This notice must be given to the applicant or employee independently of other paperwork. The disclosure must be clear and conspicuous, in writing and consist solely of the disclosure. If you intend to run periodic MVRs on a driver after they’re hired (as part of an MVR Monitoring program, for example), that information must be very clearly stated within the disclosure.

What and where is this disclosure? Why is the signing off on UPS being able to continuously monitor your driving records included in their MVR

UPS not following the law and not being forthright with employees are valid concerns.

 

[Wally]

Bottom line is:

License is required to perform the duties of a UPS driver. The employer has the right to monitor your eligibility to drive status as often as they wish.

 

[WeAreAllGoingToMakeIt]

not sure of your specific problem but the last sentence here is a good place to start.


ARTICLE 37. MANAGEMENT EMPLOYEE RELATIONS
Section 1.
(a) The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall per- form their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, co- erce or overly supervise any employee in the performance of his or her duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any griev- ance alleging retaliation for exercising his rights under the Agree- ment, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will treat employees with dignity and respect at all times, which shall include, but not be limited to, giving due consideration to the age and physical condition of the employee. Employees will also treat each other as well as the Employer with dignity and respect.

Thanks for the reply. I don't have any problem, I'm just curious as to what the other poster said that sometimes UPS gets other employees involved in trying to have them write statements against other employees.

 

[trickpony1]

....per se....
Google it.

 

[browned out]

Requested this disclosure 8 days ago on UPSers thru HR.

Description​

Where do I find the MVDC disclosure document?

Subject: HRC*******_MVDC Disclosure of Intention to Obtain Driving Records

Dear , Thank you for submitting your query in MyHR portal. Please be informed that I am forwarding this query to the specialist for further review and guidance. You may refer to "My Request" option in MyHR portal for updates on this ticket. Regards, myHR Support Center


I am anxiously awaiting this document. Maybe it is something I signed over 30 years ago. We are pretty sure it does include anything about continuous driver record monitoring. lol

 

[browned out]

A lawyer from Truckers Justice Center states that "Mvr issue frequencies is a labor issue"

UPS has clearly changed the frequency of MVRs. The Teamsters have not addressed the members of what these changes in working conditions and/or changes in terms of employment encompasses.

UPS and the Teamsters. Chrysler and the UAW.
They work together against the workers.

Maybe UPS will change the weight limit to 250lbs. Monday. Why not? No one will stop them. The Teamster "leaders" are real pieces of work.

The Teamsters and the UAW are both company controlled unions. Disgraceful.

 

[zubenelgenubi]

A lawyer from Truckers Justice Center states that "Mvr issue frequencies is a labor issue"

UPS has clearly changed the frequency of MVRs. The Teamsters have not addressed the members of what these changes in working conditions and/or changes in terms of employment encompasses.

UPS and the Teamsters. Chrysler and the UAW.
They work together against the workers.

Maybe UPS will change the weight limit to 250lbs. Monday. Why not? No one will stop them. The Teamster "leaders" are real pieces of work.

The Teamsters and the UAW are both company controlled unions. Disgraceful.

They couldn't change the weight limit to 250, there wouldn't be any feeder drivers... oh, you meant packages.

 

[542thruNthru]

A lawyer from Truckers Justice Center states that "Mvr issue frequencies is a labor issue"

UPS has clearly changed the frequency of MVRs. The Teamsters have not addressed the members of what these changes in working conditions and/or changes in terms of employment encompasses.

UPS and the Teamsters. Chrysler and the UAW.
They work together against the workers.

Maybe UPS will change the weight limit to 250lbs. Monday. Why not? No one will stop them. The Teamster "leaders" are real pieces of work.

The Teamsters and the UAW are both company controlled unions. Disgraceful.

 

[Old Man Jingles]

Tell them you're asserting your right as a Free Man on the Land not to enter into an enforced contract.

 

[soberups]

“UPS found pilots who had not disclosed DUI's and Refusal to submit to chemical tests. Pilots who receive DUI's And / Or Refuse to submit to chemical tests are required by law to be report those violations to the FAA.”

You aren’t a victim if you get a DUII and fail to report it to your employer as required by law....

 

[browned out]

“UPS found pilots who had not disclosed DUI's and Refusal to submit to chemical tests. Pilots who receive DUI's And / Or Refuse to submit to chemical tests are required by law to be report those violations to the FAA.”

You aren’t a victim if you get a DUII and fail to report it to your employer as required by law....

Correct.

But UPS management definitely is not acting with integrity and UPS is retaliating when they forced those pilots with DUI's to write false statements in order to target another pilot.

 

[soberups]

Correct.

But UPS management definitely is not acting with integrity and UPS is retaliating when they forced those pilots with DUI's to write false statements in order to target another pilot.

Agreed, but management behaving unethically has nothing to do with MVDC’s. They are separate issues.

 

[browned out]

We are still waiting on an explanation from UPS and/or the Teamsters as to why this condition of employment has been changed/implemented mid contract. It is clearly a violation of Article 6 Section 1 of the CBA.

Also,
Terms and/or conditions of employment have changed.

The new conditions are less favorable than those in effect as of August 2018, and are in violation of the National Master August 1, 2018 through July 31, 2023 CBA.

UPS misled employees and misrepresented requirements on it's MVDC form.

We have learned a great deal and have inspiration from the great Pat Morita who suffered thru illness, substance abuse issues and injustice: Not so very good UPS san.!!

The intent to deceive is clear. Federal law and UPS/IBT issues also need to be addressed.

 

[eats packages]

retroactive records requests are a huge no-no.
maybe we should be able to see the past 7 years of driving records... of our PVDs, Seasonals, and on-road sups...

 

[Dr.Brownz]

View attachment 331262

clearly an anti-semetic meme

 

[browned out]

What UPS has included in their MVDC is not required by the DOT or any other government agency.

UPS can include that language but not in the way they presented it. And it would have to be negotiated. I have been at UPS for over 30 years and the only MVDCs that I have ever been required to sign have solely consisted of what the DOT requires. A list of traffic convictions. That's it.

The new language gives UPS rights it is not entitled to by law. What reports are they going to look at, how often, will these reports be used? will they be used to warrant additional safety training or discipline. What are they? It goes well beyond driving records and far beyond what is required by the DOT.

It was deceptive and illegal to include those overly intrusive "voluntarily" conditions in a form that UPS represented as being required by the government.

Deception and Not forthright. Dirty

We're not all stupid here . Read before you sign.

 

[browned out]

UPS is required by the DOT to check our driver records once per year.

We are required to submit an MVDC every year reporting only violations we have been convicted of. For now.

The DOT is in the process of reviewing comments to eliminate our responsibility to fill out an MVDC because it is largely redundant or duplicative. FMCSA Proposes to Eliminate the Requirement for Certificate of Violation Form - Lee Trans

So what is UPS attempting? They have misled drivers into signing an MVDC that UPS represents as being required by the government.

This is from the actual PCM on the official UPS employee website:

Federal Motor Carrier Safety Regulations require UPS to make an annual inquiry into each of your Motor Vehicle Records (MVR) and ensure that you submit a Motor Vehicle Driver Certification (MVDC).

• You’re required to accurately fill out and submit an MVDC and list all violations of motor vehicle traffic laws and ordinances in which you have been convicted; you are not required to include parking-related convictions.
• You must complete your MVDC on or before March 31, 2021. If you fail to do so, you’ll be “Out of Compliance”.
• Current MVRs and MVDCs are required documents in your driver qualification file. Thank you for your cooperation in completing this government requirement.

Yet what UPS the document UPS presented does not give us the option to not agree to "voluntarily" agree to all the terms.

What UPS has put forth as an MVDC is not a stand alone MVDC. We are only required by the DOT to sign a stand alone MVDC; THAT IS IT.


Read your UPS MVDC. Do you have the "Separate Disclosure of Intention to Obtain Driving Records for Employment Purposes"?
If you have it; please post it here with all personal information redacted.

UPS is required by law to provide drivers with:

• Disclosure: This notice must be given to the applicant or employee independently of other paperwork. For applicants, for example, you cannot include the disclosure statement on the application. The disclosure must be clear and conspicuous, in writing and consist solely of the disclosure. If you intend to run periodic MVRs on a driver after they’re hired (as part of an MVR Monitoring program, for example), that information must be very clearly stated within the disclosure.

It appears UPS has not provided a separate disclosure. They have crammed it all into their new MVDC. If we did sign a disclosure when we hired in; most of us were not provided a copy of it; AND it definitely did not include the new language.

How can you be required to sign something voluntary?

Am I required by law to agree to the new intrusive language that UPS has deceivingly inserted into their MVDC?

 

[browned out]

Slight difference in the document that we are actually required to fill out by the DOT and UPS's obvious deception and not forthrightness of the new "MVDC" Come on UPS. Really!
We're not all stupid here. If you tell us its an MVDC; Make certain it is an MVDC. Trying to slip a couple new paragraphs in that will not expire and allow UPS access to who knows what is not forthright (at best) and more than likely illegal. Definite violations of many Articles of our CBA. Article 6: Sections 1, 4 & 6 , Article 37, and ?. as well as violation of federal law.

 

[a911scanner]

So who actually filed a grievance on this issue?