Past Practice

[Dttocs]

I am currently an ADA package car driver that got injured while driving in 2006, and received an accommodation in 2008 when the economy took a dive, at that time all they had available was a part time porter position(which I accepted). I drove for 3.5years as a full time package car driver from 2005-2008 and the HR department has confirmed 3 years of safe driving. Now I want to get into feeder but Im told by Labor and the union that I need to have a one year safe driving on record immediately before any such feeder training.

My accommodation states that if “the employees status changes at some point that he is able to preform all the regular duties as a service provider, he will work as directed until the next scheduled service provider bid as outlined in the current supplemental agreement[where employee is accommodated in a part-time job;Upon resuming work in this position he will revert back to full-time status with the appropriate seniority date]”

What does this mean??. Labor and the union seem to think it is insignificant I say its a dove tail back to package with receiving my lost seniority. Seems union has lost its back bone to fight for me a union member the rights I deserve especially being an injured driver. Does anyone know of a good labor law attorney? Thinking about getting a third party’s opinion involved.

Oh ya I drive on a daily bases and touch ground just about everyday as an air driver. Maybe this doesn’t earn any more safe driving awards but Im still active whether I gain any more safe driving awards or not and my concurrent 3 years should
Still be acknowledged.

Looking to see if anyone has had or heard or a similar case that way I could file for past practice

Thanks guys

 

[BigUnionGuy]

I am currently an ADA package car driver that got injured while driving in 2006, and received an accommodation in 2008 when the economy took a dive, at that time all they had available was a part time porter position(which I accepted). I drove for 3.5years as a full time package car driver from 2005-2008 and the HR department has confirmed 3 years of safe driving. Now I want to get into feeder but Im told by Labor and the union that I need to have a one year safe driving on record immediately before any such feeder training.

So.... for the last 11 years, you've been a part-timer as a result of an

ADA accommodation and want to skip to feeders without going back to pkg ?

My accommodation states that if “the employees status changes at some point that he is able to preform all the regular duties as a service provider, he will work as directed until the next scheduled service provider bid as outlined in the current supplemental agreement[where employee is accommodated in a part-time job;Upon resuming work in this position he will revert back to full-time status with the appropriate seniority date]” What does this mean??.

What don't you understand ? Sounds pretty self explanatory.


If and when you are able to return to your previous position, you go back to pkg

and will be able to bid at the next opportunity. Until then, you will be an unassigned

driver and your full-time seniority re-starts from that point.

Labor and the union seem to think it is insignificant I say its a dove tail back to package with receiving my lost seniority.

You can't be serious.

Work part-time for 11 years.... and expect to be dovetailed back in, being credited

with those years counting as full-time ?


Wow.

Seems union has lost its back bone to fight for me a union member the rights I deserve especially being an injured driver.

The Union helped facilitate your ADA accommodation, and now they are the

"bad guy" because you want to skip in line for feeders ?


Again.... wow.

Does anyone know of a good labor law attorney? Looking to see if anyone has had or heard or a similar case that way I could file for past practice.

You want to waste money on a labor attorney ? Have at it.

As far as past practice.... not a chance.



-Bug-

 

[BigUnionGuy]

@Dttocs


You asked this same basic question.... a year and 1/2 ago.


ADA Package Car Driver


Why didn't you just file a grievance ?

 

[CoffeeStainedUniform]

11 years and now you'll be locked into a 22.4 position. Kinda ironic

 

[Indecisi0n]

So.... for the last 11 years, you've been a part-timer as a result of an

ADA accommodation and want to skip to feeders without going back to pkg ?





What don't you understand ? Sounds pretty self explanatory.


If and when you are able to return to your previous position, you go back to pkg

and will be able to bid at the next opportunity. Until then, you will be an unassigned

driver and your full-time seniority re-starts from that point.





You can't be serious.

Work part-time for 11 years.... and expect to be dovetailed back in, being credited

with those years counting as full-time ?


Wow.





The Union helped facilitate your ADA accommodation, and now they are the

"bad guy" because you want to skip in line for feeders ?


Again.... wow.





You want to waste money on a labor attorney ? Have at it.

As far as past practice.... not a chance.



-Bug-

He sounds like a feeder driver....

 

[BigUnionGuy]

11 years and now you'll be locked into a 22.4 position. Kinda ironic

He would return to pkg.... as an RCPD.

22.4 jobs will have to be bid.

 

[Dttocs]

So.... for the last 11 years, you've been a part-timer as a result of an

ADA accommodation and want to skip to feeders without going back to pkg ?





What don't you understand ? Sounds pretty self explanatory.


If and when you are able to return to your previous position, you go back to pkg

and will be able to bid at the next opportunity. Until then, you will be an unassigned

driver and your full-time seniority re-starts from that point.





You can't be serious.

Work part-time for 11 years.... and expect to be dovetailed back in, being credited

with those years counting as full-time ?


Wow.





The Union helped facilitate your ADA accommodation, and now they are the

"bad guy" because you want to skip in line for feeders ?


Again.... wow.





You want to waste money on a labor attorney ? Have at it.

As far as past practice.... not a chance.



-Bug-

Heres the thing. The company has lost all of its ADA records on me and is solely relying on my personal records. My workmen’s comp Doctor who preformed the surgery in 2006 fell out of the network and it took me a few years to finally find a doctor that would take up my case. I was turned down repeatedly due to the complexity of the injury.

My treating Doctor had issued a release back to full package car duty since 5/2017. I put my name
On the PT to Ft driver list and was called to a package center to report as if I never drove before. An advisor told me that I shouldn’t have to go in as a first time driver, and that my accommodation said to work until direct(utility) until the next service provider bid(route bid). I tried going to the union to place me back into the center and they said No. i have to sign up again, but my accommodation says to revert back with the appropriate seniority. Now whether this means to pickup where I left off with 4-years full time seniority with the ability to bid on a route or high utility with my 4-years then Im good with that. I would also like to continue on with my safe driving award as well. Labor and union says I cant do this and I would start at the bottom as if I transferred out and decided to come back, which was not the case.

Resuming work? To continue
Revert back? Where I left off
Appropriate seniority? Where I left off
Safe driving award 3-years? Reinstated

Im not asking for any special accommodations only what has been agreed on

 

[trickpony1]

He would return to pkg.... as an RCPD.

Radio Controlled Package Driver?

 

[BigUnionGuy]

Heres the thing. The company has lost all of its ADA records on me and is solely relying on my personal records.

Yeah.... right.

 

[Dttocs]

Yeah.... right.

Files Were keep in a short trailer in the back of the yard. Got significant rain damage all was lost. Trust me they been asking me for my files got email proof. Its been on going for 2-3years now

 

[Dttocs]

Files Were keep in a short trailer in the back of the yard. Got significant rain damage all was lost. Trust me they been asking me for my files got email proof. Its been on going for 2-3years now

They even tried to access thru iron mountain a storage keeping facility. Nothing ever came up, ever. They showed me the files they had and all of them were what I sent them

Crazy, but thats my situation now

 

[Dttocs]

@Dttocs


You asked this same basic question.... a year and 1/2 ago.


ADA Package Car Driver


Why didn't you just file a grievance ?

I don’t have the unions back. Seems like some Back door horse trading going on

 

[UnconTROLLed]

You have to have a little sympathy for the OP.





If only because of the complete d-bag response by you-know-who

 

[allahuakbar]

Word