Surgery

[zubenelgenubi]

I am trying to do anything if not management something else full time

From the NMA:

"Article 14
Section 3. Permanently Disabled Employees
The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualifed bargaining unit employee.
The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommoda- tion not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Safety and Health Grievance Committee.
If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the griev- ance must follow the normal grievance procedure in order to re- solve that issue before it can be docketed with the National Safety and Health Committee.
Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be fled by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws.
The parties agree that appropriate accommodations under this Sec- tion are to be determined on a case-by-case basis.
If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reason- able accommodation if the employee is qualifed and meets the es- sential functions of the job."

Otherwise, apply to any management positions via jobs.ups.com.

 

[542thruNthru]

From the NMA:

"Article 14
Section 3. Permanently Disabled Employees
The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualifed bargaining unit employee.
The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommoda- tion not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Safety and Health Grievance Committee.
If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the griev- ance must follow the normal grievance procedure in order to re- solve that issue before it can be docketed with the National Safety and Health Committee.
Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be fled by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws.
The parties agree that appropriate accommodations under this Sec- tion are to be determined on a case-by-case basis.
If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reason- able accommodation if the employee is qualifed and meets the es- sential functions of the job."

Otherwise, apply to any management positions via jobs.ups.com.

I wonder how disabled he is from the neck surgery.

 

[zubenelgenubi]

I wonder how disabled he is from the neck surgery.

If he can't do the job he was doing anymore, that would qualify as a disability, I would think.

Introduction to the ADA

The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA...

www.ada.gov

.

"To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment."

The company perceives him as being limited in a major life activity (his job) due to a physical impairment.

 

[Staydryitsraining]

I know plenty of feeder drivers that have had back surgeries.

I know plenty of package drivers with back, and knee surgeries.

 

[542thruNthru]

If he can't do the job he was doing anymore, that would qualify as a disability, I would think.

Introduction to the ADA

The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA...

www.ada.gov

.

"To be protected by the ADA, one must have a disability, which is defined by the ADA as a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment."

The company perceives him as being limited in a major life activity (his job) due to a physical impairment.

That's the thing

Is he truly substantialy limited or just uncomfortable?

We've had people here with knee surgery and back surgery that have been denied ADA.

 

[MyTripisCut]

That's the thing

Is he truly substantialy limited or just uncomfortable?

We've had people here with knee surgery and back surgery that have been denied ADA.

@BigUnionGuy has told me it’s nearly impossible to get this accommodation.

 

[BigUnionGuy]

@BigUnionGuy has told me it’s nearly impossible to get this accommodation.

It's extremely difficult.


I had a case of a female pre-loader (injuries on the job) who could no longer raise an arm, to lift pkgs to the

top shelf in a pkg car. Got it deadlocked all the way to the National Health & Safety committee. They limited what

I was allowed to present, including other similar arbitration cases in which the ADA request was granted.


The Union chairman of the Panel (while in executive session) came out in to the hall, and explained he could deadlock

the case to arbitration.... but I would lose the case and it would cost my Local about $5000.00.


The Local Union President was with me.

I asked him what I should do. Without hesitating.... he asked me if I was going to spend the members money on

a case that I couldn't win. Had to make the best decision.


There is a well known case out of California, in which an employee lost an arm, after getting it caught in a conveyor belt.

He got no accommodation. When the ADA laws first came out (1993 ?) everyone was being granted accommodations.

Big business (like UPS) petitioned the Federal government because it was creating an "undue financial hardship" on them.


Best thing to do.... is file for the request and follow up through the grievance procedure.

That's the option and procedure.



-Bug-

 

[trickpony1]

....in other words, kiss his goodbye.

 

[zubenelgenubi]

That's the thing

Is he truly substantialy limited or just uncomfortable?

We've had people here with knee surgery and back surgery that have been denied ADA.

I guess that's a point for clarifcation. When I read "I will no longer be able to drive" I think "physically can't do it", rather than "I have sand in my pusillanimous".

I don't know, the contract seems pretty clear, and the law seems pretty clear. I don't claim any expertise in the matter, but it seems like a failure of the system that UPS can get away with fighting these accommodations that they agreed to, and are required by law to make.

 

[NAHimGOOD]

Let's say the surgeries are due to OJI.

Should he be looking at an entirely different solution to this?

 

[zubenelgenubi]

Let's say the surgeries are due to OJI.

Should he be looking at an entirely different solution to this?

If it's due to the job, he will need to lawyer up. I wouldn't count on anything less to ensure I was taken care of.

 

[MyTripisCut]

Let's say the surgeries are due to OJI.

Should he be looking at an entirely different solution to this?

Being that he already had the surgery and is now asking if he can get promoted instead of maybe setting things up I get the feeling this injury is not Comp or on the job related.

 

[Brown Down]

I'm pretty sure they can allow you to return to part time work (and wages) if it's for medical reasons, but you'll have to call your BA and speak with him. I never seem to be able to find that in the contract when I look, even though I'm positive I've seen it before.

Good luck.

They did this for a driver at my building who ended up having a heart condition. He only had a few months left until retirement. It really could be a case by case judgment though.

 

[BigUnionGuy]

It really could be a case by case judgment though.

Absolutely.

Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA

Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008This document was issued prior to enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009. The ADAAA broadened the statutory definition of disability, as...

www.eeoc.gov

 

[Jones]

They did it for a feeder driver here, he was maybe a little over a year from retirement and had vision problems to the point that he could no longer pass the DOT physical. Union worked out a deal with the company whereby they created a shifting job for him with the agreement that the job would go away when he retired and that this would not be considered a precedent for any other cases.

 

[Wally]

It's under ADA accommodation. They can offer you a part time position if full time work is not available

What part time work can you do at UPS with a mangled neck? ADA accommodation is bullsheetrock.

 

[clean hairy]

It's extremely difficult.


I had a case of a female pre-loader (injuries on the job) who could no longer raise an arm, to lift pkgs to the

top shelf in a pkg car. Got it deadlocked all the way to the National Health & Safety committee. They limited what

I was allowed to present, including other similar arbitration cases in which the ADA request was granted.


The Union chairman of the Panel (while in executive session) came out in to the hall, and explained he could deadlock

the case to arbitration.... but I would lose the case and it would cost my Local about $5000.00.


The Local Union President was with me.

I asked him what I should do. Without hesitating.... he asked me if I was going to spend the members money on

a case that I couldn't win. Had to make the best decision.


There is a well known case out of California, in which an employee lost an arm, after getting it caught in a conveyor belt.

He got no accommodation. When the ADA laws first came out (1993 ?) everyone was being granted accommodations.

Big business (like UPS) petitioned the Federal government because it was creating an "undue financial hardship" on them.


Best thing to do.... is file for the request and follow up through the grievance procedure.

That's the option and procedure.



-Bug-

There was a man had one arm and was a yard shifter.

 

[BigUnionGuy]

There was a man had one arm and was a yard shifter.

Was he hired like that ?

 

[MisplacedRailWorker]

Was he hired like that ?

Yeah, I was; got a waiver for it

I had my thumb stuck too far up my A

 

[BigUnionGuy]

Yeah, I was; got a waiver for it

I had my thumb stuck too far up my A

This is a family site mister.

Sexual proclivities aside.... live and learn.