Support our fellow working discharged NY drivers.

[member6045]

There is more to that article? That your leaving out! Ups could just as well perform a lockout since we walked out?


Remember? When a TDU local steps in poop! What do they do? Blame someone else!

The Company agrees that there shall be no lockout during the term of this Agreement, so long as the Union abides by the procedure prescribed for the settlement of disputes and differences and the decisions of the arbitrator as provided in this Agreement.


Remember? When a TDU local steps in poop! What do they do? Blame someone else!

 

[Brown Spider]

The Company agrees that there shall be no lockout during the term of this Agreement, so long as the Union abides by the procedure prescribed for the settlement of disputes and differences and the decisions of the arbitrator as provided in this Agreement.


Remember? When a TDU local steps in poop! What do they do? Blame someone else!

What are you talking about? How did the Union fail to "abide by the procedure prescribed for the settlement of disputes and differences and the decisions of the arbitrators"? The Union violates the Agreement if it fails to abide by the prescribed procedure. The Company violates the Agreement if fails to abide by the prescribed procedure. The Union did not commit such a violation! The Company did commit such a violation! That's what triggered the walkout! Had the language regarding the Union committing a violation been applicable, I would have included it. I think we can be pretty sure that UPS won't be relying on that argument during the arbitration process. Unless of course, they've added member6045 to their legal team.

 

[member6045]

What are you talking about? How did the Union fail to "abide by the procedure prescribed for the settlement of disputes and differences and the decisions of the arbitrators"? The Union violates the Agreement if it fails to abide by the prescribed procedure. The Company violates the Agreement if fails to abide by the prescribed procedure. The Union did not commit such a violation! The Company did commit such a violation! That's what triggered the walkout! Had the language regarding the Union committing a violation been applicable, I would have included it. I think we can be pretty sure that UPS won't be relying on that argument during the arbitration process. Unless of course, they've added member6045 to their legal team.

I merely added the rest of the article that you have forgotten to put up!!



Remember? When a TDU local steps in poop! What do they do? Blame someone else!

 

[bigd]

Local 804 and

United Parcel Service Supplemental Agreement to the

NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT

ARTICLE 18
GRIEVANCE AND ARBITRATION PROCEDURE


Section 4 – No Strikes or Lockouts

(b) In the event of an alleged violation of this Section 5, either the Company or the Union shall have the right to waive the normal adjustment and arbitration provisions referred to in Article 18, Section 3, and submit, for immediate arbitration, the alleged violation of this section pursuant to the provisions of Section 3. Such dispute shall be submit- ted to arbitration within twenty-four (24) hours after receipt of notice by the American Arbitration Association and an award issued not later than twelve (12) hours after the conclusion of the hearing.

 

[realbrown1]

Local 804 and

United Parcel Service Supplemental Agreement to the

NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT

ARTICLE 18
GRIEVANCE AND ARBITRATION PROCEDURE


Section 4 – No Strikes or Lockouts

(b) In the event of an alleged violation of this Section 5, either the Company or the Union shall have the right to waive the normal adjustment and arbitration provisions referred to in Article 18, Section 3, and submit, for immediate arbitration, the alleged violation of this section pursuant to the provisions of Section 3. Such dispute shall be submit- ted to arbitration within twenty-four (24) hours after receipt of notice by the American Arbitration Association and an award issued not later than twelve (12) hours after the conclusion of the hearing.

I think you left something out. Did you do it on purpose?

Section 4 - No Strikes or Lockouts

(a) The Union that it will not cause or permit its members to cause strikes of any kind, stoppages, or any other interference with any of the operations of the Company during the term of the Agreement, SO LONG AS THE COMPANY ABIDES BY THE PROCEDURE PRESCRIBED FOR THE SETTLEMENT OF DISPUTES AND DIFFERENCES AND THE DECISIONS OF THE ARBITRATORS AS PROVIDED IN THIS AGREEMENT.

Why are you taking UPS's side. Are you trying to cost 250 drivers their jobs just to make a political point. Because that is what it looks like you are trying to do.

 

[member6045]

I think you left something out. Did you do it on purpose?

Section 4 - No Strikes or Lockouts

(a) The Union that it will not cause or permit its members to cause strikes of any kind, stoppages, or any other interference with any of the operations of the Company during the term of the Agreement, SO LONG AS THE COMPANY ABIDES BY THE PROCEDURE PRESCRIBED FOR THE SETTLEMENT OF DISPUTES AND DIFFERENCES AND THE DECISIONS OF THE ARBITRATORS AS PROVIDED IN THIS AGREEMENT.

Why are you taking UPS's side. Are you trying to cost 250 drivers their jobs just to make a political point. Because that is what it looks like you are trying to do.

Nobody is taking companies side!! Do You would believe that members should know everything about the contract and case! You are causing tunnel vision! This hole thing could have been preformed with only the one member being off the job! Now the month is coming an end! I'm sure ups and executive board know exactly what fate is set for these 250 members!


Remember? When a TDU local steps in poop! What do they do? Blame someone else!

 

[realbrown1]

Nobody is taking companies side!! Do You would believe that members should know everything about the contract and case! You are causing tunnel vision! This hole thing could have been preformed with only the one member being off the job! Now the month is coming an end! I'm sure ups and executive board know exactly what fate is set for these 250 members!


Remember? When a TDU local steps in poop! What do they do? Blame someone else!

Go ahead and tell us their fate. You seem to know it. Come on now, do you really think they are going to fire 250 drivers? Experienced drivers? Where are they going to find replacements for them? It would take about 400 rookies to do their jobs just for the month of April. You know it takes rookies months to get up to speed.

 

[IVE GOTTA PACKAGE 4U]

Go ahead and tell us their fate. You seem to know it. Come on now, do you really think they are going to fire 250 drivers? Experienced drivers? Where are they going to find replacements for them?

Do you forget,who we work for?...The same company that would spend $300, on grievance meetings, to screw you out of $50 of penalty pay. Just to prove a point! I wish nothing but the best, for these drivers.

 

[realbrown1]

Do you forget,who we work for?...The same company that would spend $300, on grievance meetings, to screw you out of $50 of penalty pay. Just to prove a point! I wish nothing but the best, for these drivers.

But having all the NY customers mad about the crappy service they would get with rookies.

That is not the same as spending $300 to screw a driver out of $50.

 

[realbrown1]

But having all the NY customers mad about the crappy service they would get with rookies. And I really mean CRAPPY. It would be a disaster.

That is not the same as spending $300 to screw a driver out of $50.

Edited.

 

[bleedinbrown58]

If these 250 drivers are fired and walked out....they are entitled to collect unemployment, correct?

 

[IVE GOTTA PACKAGE 4U]

But having all the NY customers mad about the crappy service they would get with rookies.

That is not the same as spending $300 to screw a driver out of $50.

What Im trying to say....I wouldnt put it past this company, to do anything....just to prove a point! I truly hope I am dead wrong!...All of those drivers are in my prayers.

 

[bleedinbrown58]

What Im trying to say....I wouldnt put it past this company, to do anything....just to prove a point! I truly hope I am dead wrong!...All of those drivers are in my prayers.

I agree UPS has no problem cutting off its nose to spite it's face...anything is possible. But they already proved their point by putting 250 drivers on working termination...we didn't think that would even happen. The whole safety in numbers idea...but if these drivers are walked out, can they collect unemployment?

 

[IVE GOTTA PACKAGE 4U]

I agree UPS has no problem cutting off its nose to spite it's face...anything is possible. But they already proved their point by putting 250 drivers on working termination...we didn't think that would even happen. The whole safety in numbers idea...but if these drivers are walked out, can they collect unemployment?

They might be able to....but I bet UPS would fight It, tooth and nail. Our union, really needs to step up....right here, right now!....Hoffa gave ups an, indefinite extension...to make this contract pass. Now , its the companies turn....to extend an olive branch!

 

[bleedinbrown58]

They might be able to....but I bet UPS would fight It, tooth and nail. Our union, really needs to step up....right here, right now!....Hoffa gave ups an, indefinite extension...to make this contract pass. Now , its the companies turn....to extend an olive branch!

well that's I mean...I can't see ups be willing to pay unemployment for fired drivers...plus hire replacement drivers...and all $$ involved in training them...etc.

 

[UpstateNYUPSer(Ret)]

No one has brought up whether the Maspeth 250 would be eligible to receive unemployment compensation. Generally you don't get unemployment if you are fired for cause---I would think job abandonment would be cause and these drivers would not be eligible.


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[IVE GOTTA PACKAGE 4U]

well that's I mean...I can't see ups be willing to pay unemployment for fired drivers...plus hire replacement drivers...and all $$ involved in training them...etc.

To a company that makes billions, a million or3 Is nothing...to them...especially to prove a point!...jmho

 

[bleedinbrown58]

To a company that makes billions, a million or3 Is nothing...to them...especially to prove a point!...jmho

Good point....it definitely could go either way...brown never fails to surprise.

 

[Island]

No one has brought up whether the Maspeth 250 would be eligible to receive unemployment compensation. Generally you don't get unemployment if you are fired for cause---I would think job abandonment would be cause and these drivers would not be eligible.


Sent using BrownCafe App

Varies by state. Not sure what NY law says about that but even if these guys don't get unemployment, there's organizations helping them out.
And I don't mean to sound callous but shouldn't someone who makes driver money have enough put away to be OK until they find a new job? I wouldn't even know what to do with that much dough

 

[Island]

It really doesn't matter if Island agrees if it was an illegal work stoppage/wildcat walkout or not. UPS is going to have to get the arbitrator to agree. And I'm not convinced that the arbitrator will rely entirely on the Melville issue when hearing the case. Undoubtedly, the arbitrator will be looking at what may be Union Exhibit #1, Article 18, Section 4 a) of the Local 804 Supplement.

The Union agrees that it will not cause or permit its members to cause strikes of any kind, stoppages, or any other interference with any of the operations of the Company during the term of the Agreement, so long as the Company abides by the procedure prescribed for the settlement of disputes and differences and the decisions of the arbitrators as provided in this Agreement.

UPS failed to abide by the prescribed procedure, it was not an illegal work stoppage and it would be premature for anyone to "start looking for another job". Unless of course, you're talking about the idiotic manager who triggered this incident by failing to abide by those prescribed procedures in the first place.

I would agree except that in order to strike, the local has to take a vote and then give the warning period. "UPS, we are going to strike in 72 hours," (or whatever amount of time) on paper and signed by the local officers. That letter of intent to strike never occurred, hence "wildcat." They were right to strike, but they were impulsive and that clearly has a lot of ramifications.
It's kind of frustrating because I know their mgmt has been treating them so badly for so long, they really shouldn't have allowed themselves to be swept up by the moment, despite how good it felt.