The only concession given to the company in the Southern Region is the addition of a setting arbitrator. It’s concerning so little attention is being given to this issue. Three day N/C N/S language really only standardizes job abandonment but the setting arbitrator is going to bite lots of people in the arse.
Setting Arbitrator
- Thread starter TIMN
- Start date
It’s was also put into our supplement, when asked, the union said it was beneficial in that the employee would know their fate right away instead of waiting for arbitration for upwards of a year; having no income, future unknown etc.
Not saying I agree, just saying what they said.
I can’t speak to your supplement but that has been the selling point. The reality in the Southern Region is fewer than 5 members per year, usually less, actually have their case deadlocked to traditional arbitration per year because the Company does not want to spend the $15k+ to arbitrate a questionable case which could also be precedent setting. With a sitting arbitrator we are removing both of those barriers and the Company will be pushing more discharges to the Deadlock Committee and sitting arbitrator. It’s confusing so many people seem to be fine with accepting this proposal which was made by the Company. This was not a Union proposal in the South.
While I agree that the arbitrator will be an incentive for to the company to send problem drivers to panel and take their chances, giving the company an excuse to strip seniority is a dereliction of duty and a huge concession. My locals job is to protect and honor my seniority, it’s the bread and butter of union membership. To say that wasn’t a concession is mind boggling. We should never give them a foot in the door to take what we earned away. If you have an attendance problem, there’s progressive discipline already in place.
Thebrownblob
Well-Known Member
Here it has, difficult for me to feel sorry for someone who can’t even bother to pick up the phone and notify the company for three days. There have been extenuating circumstances, and the company usually is understanding. But for someone to literally just not come to work for three days and not bother to call, I don’t feel too bad about that termination.
Lineandinitial
Legio patria nostra
Here’s the problem I have. Let’s say, a good employee (Employee A - pleasant, courteous, just does his job, doesn’t go ballistic every time there’s a small issue, etc) goes 3 days NC/NS and I find out he was in jail ( let’s say). He’s worried about his job, his future, etc. I want to give him a break and quietly let him come back and I take the risk because I didn’t go through SOP.
Another employee ( Employee B) is a real POS and he hates me and everyone else on the planet and the same scenario occurs.
B scenario won’t allow me to help out Employee A. I’m still human and want to help people I think need a hand once in a while.
What would you do?
Another employee ( Employee B) is a real POS and he hates me and everyone else on the planet and the same scenario occurs.
B scenario won’t allow me to help out Employee A. I’m still human and want to help people I think need a hand once in a while.What would you do?
Thebrownblob
Well-Known Member
Like I said, there’s been extenuating circumstances, the company can make those choices, and not set a precedent.Here’s the problem I have. Let’s say, a good employee (Employee A - pleasant, courteous, just does his job, doesn’t go ballistic every time there’s a small issue, etc) goes 3 days NC/NS and I find out he was in jail ( let’s say). He’s worried about his job, his future, etc. I want to give him a break and quietly let him come back and I take the risk because I didn’t go through SOP.
Another employee ( Employee B) is a real POS and he hates me and everyone else on the planet and the same scenario occurs.
Lineandinitial
Legio patria nostra
As you go up the chain, the Labor guys only see the Contract and how they can trade one issue for the other. I WANT to help A and keep it low key, but can’t.
I can only talk with Labor and ask for a break.
Thebrownblob
Well-Known Member
Lol I know a lot of labor guys During an executive session at a Panel one day, I mentioned something to the labor manager as we were standing outside, and he was having a cigarette. I made an offhand comment about him having to do something contractually. Took him about 20 seconds to smoke a cigarette and then he turned and looked at me and said we will do whatever the
we want, and then he walked back inside.ManInBrown
Well-Known Member
Bingo. Short of being in an accident that totally incapacitated someone who has no friends of family that could call for them. Forget three days, how do you no call no show one day?
UnionStrong
Sorry, but I don’t care anymore.
Alcoholics. I’ve seen it happen, twice at UPS, guys just never came back. And not new guys either.
542thruNthru
Well-Known Member
Against my better judgement.... I'll say... not in the west!
Seriously at some point you guys have to start blaming yourselves for this stuff.
Thebrownblob
Well-Known Member
You damn hippiesAgainst my better judgement.... I'll say... not in the west!
Seriously at some point you guys have to start blaming yourselves for this stuff.
Wally
BrownCafe Innovator & King of Puns
Wally
BrownCafe Innovator & King of Puns
Left BrownCafe?
UnionStrong
Sorry, but I don’t care anymore.
They came here
hondo
promoted to mediocrity
FWIW, my Local has had a "sitting" arbitrator for discipline cases since January 2009. It was something 'we' fought for. The cost has been split between the employer and my Local (not spread out among many Locals in an Area or Regional committee). Maybe we can afford it because it's a large Local? Anyway as far as I have seen it's a deterrent to the Company sitting someone out for many months on a questionable discipline case then offering reinstatement at the last minute without backpay (& benefits). My principal officer has said it definitely "keeps us (meaning BAs & stewards) on our toes" because it cuts down on preparation time for the case. And even if you do get backpay nowadays, it's reduced by whatever income you made elsewhere while sitting out (or they decide what you should have been able to make elsewhere re).
Not that I have a lot behind the scenes access to truly evaluate it, but the only real downside that I heard of: was a member that had come up on discharge often enough that the arbitrator recognized/remembered them.
542thruNthru
Well-Known Member
It's funny. Juan Campos was in our western negotiations beating the arbitration drum. Why he was there I don't know, but he was.... was anyone from the west, south, NE, Atlantic in your negotiations?
Personally I believe a sitting arbitrator is good for discharges but I don't want them there for interps.
hondo
promoted to mediocrity
My Local has been invited to "sit-in" on negotiations for several contracts now, but maybe since he's a VP At-Large they made it official? But yes we know it could lead to a potentially 'funny' scenario.
And yes, contract interpretation cases are separate.
