This is National Agreement UPS IBT language. It is garbage and needs to be changed.
Article 20 Section 3. Third Doctor Procedure The Employer reserves the right to select its own medical examiner or doctor and the Union may, if it believes an injustice has been done an employee, have said employee re-examined at the employee’s expense. If the two (2) doctors disagree, the Employer and the Union shall mutually agree upon a third (3rd) doctor within ten (10) working days, whose decision shall be final and binding on the the Union and the employee. Neither the Employer nor the Union will attempt to circumvent the decision of the third (3rd) doctor and the expense of the third doctor shall be equally divided between the Employer and the Union. If the third (3rd) doctor agrees that the employee should be returned to work, the employee shall be reimbursed at his/her daily guarantee, less any other monies received back to the date of the examination by the Company doctor. It shall exclude any time the employee was not available for examination or work.
So if you have been a thorn in the side of a certain union local leader i:e: Betty R friend in PA; UPS and the local will decide your 3rd doctor. You will have no say in the matter. The language needs to be changed to something along the lines of what FEDEX Airlines/ALPA agreement states:
b. If the second physician disagrees with the opinion of the Company’s aeromedical advisor, a Medical Review Panel (hereinafter MRP) shall be convened to decide whether the pilot, in their opinion, meets the standards for holding and exercising the privileges of the pilot’s medical certificate. Pending the MRP’s determination, the pilot shall be placed or remain on sick leave, disability or medical leave of absence, as applicable.
b. If the second physician disagrees with the opinion of the Company’s aeromedical advisor, a Medical Review Panel (hereinafter MRP) shall be convened to decide whether the pilot, in their opinion, meets the standards for holding and exercising the privileges of the pilot’s medical certificate. Pending the MRP’s determination, the pilot shall be placed or remain on sick leave, disability or medical leave of absence, as applicable.
An MRP shall be composed of the Company’s aeromedical advisor, the physician engaged by the pilot as provided in this paragraph, and a third physician qualified to determine the medical issue in question. The third physician shall be selected by agreement between the Company’s aeromedical advisor and the pilot’s physician.
Or Delta/ALPA agreement:
If the PME (Pilot's Medical Examiner) does not concur with the CME (Company Medical Examiner), the pilot may initiate further review by making a written request to the Senior Vice President-Flight Operations within 30 days of the PME’s determination. The review will consist of a medical evaluation performed by the NME, preferably a specialist. The NME will be selected by the CME and the PME. The NME will be advised as to physical standards required to hold a First Class Medical by both the DHS and the ALPA Aeromedical Advisor.
Not by the company and the union. By the company and the pilot's physician. Or the company and the package car driver's physician. There is no way that the union and the company should pick the 3rd doctor.
Google Pettit v. Delta to see how important the 3rd doctor selection process is.