There may be instances where a discharged member would benefit from a sitting arbitrator but in the Southern Region that would be the exception. I have reviewed the Deadlock Committee decisions for the previous 10 years and fewer than 5 discharges yearly are referred to traditional arbitration. There are approximately 16,000 UPS Teamsters in the South. Traditional arbitration has been a deterrent to the company taking weak cases to arbitration due to the expense and risk of further galvanizing our position regarding Cardinal infractions. Collectively the BA’s in the South have fought against a sitting arbitrator due to the likelihood it will increase the number of members actually being discharged and the potential for abuse by the company.
Setting Arbitrator
- Thread starter TIMN
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Bubblehead
My Senior Picture
How many Teamsters accept a suspension in lieu of discharge, aside from the 5 annually who have the fortitude to fight, in order to avoid a Panel decision in the absence of any real hope of vindication and backpay?
Is it possible that the "Panel System" as we know it doesn't work in single employer scenarios?
Why would the Company ever role on itself if they have even a glimmer of hope and/or the resources to starve out our members?
The lessor of two evils is still evil.
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Coldworld
Well-Known Member
I have seen this also with mgt…onroads who don’t show up for a week or two and nobody knows where the hell they are.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.
542thruNthru
Well-Known Member
That's because it's up to the Local to send them to arbitration. And usually the local doesn't want to spend the money or the member is offered his job back without back pay.
Yes that may be true. So with that logic wouldn't the company be even more deterred from terminating someone on frivolous charges knowing a sitting arbitrator will be at their panel hearing and could rule that they owe that member back pay.
This makes no sense. The company usually isn't worried about an arbitrator because most times they offer the job with no back pay to members that have been out for upwards of 9 months and the member takes it because they need the money. Hence why you've seen fewer than 5 in 10 years.
Coldworld
Well-Known Member
Didn’t we in west already have sitting arbitrator’s?? Now they added more…we have that many cases that get push through that need arbitration?
542thruNthru
Well-Known Member
No we didn't have a sitting arbitrator.
In the South the Deadlock Committee determines if a case is referred to arbitration, not the local union. For “white paper” agreements the local does determine whether or not a case goes to arbitration but not at UPS.
Again, only speaking with regard to the South. If the Company has a crappy case the vast majority will be resolved locally or at the regular committee. Currently in most cases that reach the Deadlock Committee the member has some culpability. I would have to research it to give exact numbers but I can’t recall a case which went to arbitration in the past 10-15 years where a member received much back pay if any from the arbitrator and the majority actually had the termination upheld. I’ve dealt with a sitting arbitrator on the UPS Freight Committee for several years and it rarely benefits the member.
Again, only speaking with regard to the South. If the Company has a crappy case the vast majority will be resolved locally or at the regular committee. Currently in most cases that reach the Deadlock Committee the member has some culpability. I would have to research it to give exact numbers but I can’t recall a case which went to arbitration in the past 10-15 years where a member received much back pay if any from the arbitrator and the majority actually had the termination upheld. I’ve dealt with a sitting arbitrator on the UPS Freight Committee for several years and it rarely benefits the member.
542thruNthru
Well-Known Member
So you have no choice but to arbitrat a case if the case is deadlocked by panel. I find that hard to believe.
Commercial Inside Release
Well-Known Member
Pfft. I've been suspended so many times, I'm the expert here...
Arbitrator = butt*ucker
Once the company has access to them.
That labor manager has nothing to do all day, but dirty corruption of anyone they might have to deal with
Arbitrator = butt*ucker
Once the company has access to them.
That labor manager has nothing to do all day, but dirty corruption of anyone they might have to deal with
Brother 542, let me correct myself please. If the SRAPGC Deadlock panel referred the case to arbitration the local union could choose to not arbitrate and withdraw the grievance. I have never seen that happen because the decision to withdraw the grievance after the grievance had enough merit to survive the regular panel and the deadlock panel would be extremely difficult to defend in the event of an FTR charge.
Coldworld
Well-Known Member
What is the west getting then…thought I heard that.
How many times you talking about here…mr. Suspended guy???
542thruNthru
Well-Known Member
We now are getting a sitting arbitrator for western interps that are deadlocked. Which in my opinion is a bad move.
Bubblehead
My Senior Picture
Were would a deadlocked interp go in the West prior to this proposal?
542thruNthru
Well-Known Member
To my knowledge it would be deadlocked and the local may submit the matter to arbitration if the local decided it was a good enough case. Just like arbitrations at the national if I'm not mistaken have to be OK'd by Sean before moving forward. Now it will be decided by the sitting arbitrator is what we are being told.
Coldworld
Well-Known Member
Did NorCal agree to a sitting arbitrator or was that shot down by them??? Wasn’t that the sticking point with them not finishing up their supplement right away??
542thruNthru
Well-Known Member
Don't know. Haven't looked at their supp and wasn't part of their contract review
Bubblehead
My Senior Picture
How many hearings will this grievance go through before reaching this arbitrator?
542thruNthru
Well-Known Member
Center level, local level, JALMs and the Western.
Bubblehead
My Senior Picture
....and that's not enough time to figure out if you like your case or not?
542thruNthru
Well-Known Member
Apparently not since they don't all go to arbitration or bad ones still slip through like 688's 9.5 arbitration. Again isn't that why Sean said all national arbitrations need to be approved by him because some locals bring bad cases to arbitration?
