What can I do? (Sue or Grieve)

[Overpaid Union Thug]

When I joined the military my basic training was in San Antonio. You all know how hot it gets around there. We were told everyday (MANY, MANY TIMES) that we were required to drink between 10-12 canteens of water a day to stay hydrated. It was very important. At times it seemed more important than any of the training. We were told that we'd be in a world of hurt if they (the instructors) found out we weren't drinking enough. They meant "world of hurt" because not only would be be severly dehydrated, which is hell, but punished later for it, which could be hell as well. They told us the way to tell if someone was dehydrated was the color of the urine. If it was yellow and not clear then technically you were dehydrated. If you don't "go" at least once every three hours you are dehydrated. So when I see that someone said the guy was taking 2 unauthorized breaks in a 6 hours period I can't help but laugh.

 

[Overpaid Union Thug]

my my so much anger.

The grievant can not dictate where he will work in the operation he can only grieve the loss of an earning opportunity. As such ,you would then be entititled to the 6 dollars per day sort opportunity (you're working six hours a day?) I as management however could decide you are pissing me off and pay you the sort pay while I keep you burried in the unload humping card board the old fashioned way. As long as I pay you the difference your seniority demands.



Awwgh. So someone can grieve for the lost dollar per hour (if someone with less seniority does the job)and win the money? I've been forced to unload before because people with less seniority than me were such cry babies the sup let them sort instead. Could I have fought for the lost dollar in those cases?

 

[tieguy]

my my so much anger.

The grievant can not dictate where he will work in the operation he can only grieve the loss of an earning opportunity. As such ,you would then be entititled to the 6 dollars per day sort opportunity (you're working six hours a day?) I as management however could decide you are pissing me off and pay you the sort pay while I keep you burried in the unload humping card board the old fashioned way. As long as I pay you the difference your seniority demands.



Awwgh. So someone can grieve for the lost dollar per hour (if someone with less seniority does the job)and win the money? I've been forced to unload before because people with less seniority than me were such cry babies the sup let them sort instead. Could I have fought for the lost dollar in those cases?

if your both qualified and you have seniority.

 

[swittler]

I will answer the bathroom situation first....In Ohio it is against OSHA violations for a compnay to prevent its employees to use the restroom. An employee may not be feeling well and must use the bathroom in order to release bodily bacteria. As for the other position, there should be a "preferred job intent" sheet somewhere in the building usually close to the local unions communication board (which is required per contract). so if you sign this intent sheet and you are top seniority, then at the point a position in the job opens up they must put you in that job as long as you are PRE-qualified. I highly suggest talking to your union steward or even your business agent regarding both issues. Sometimes they can resolve the issue w/o filing any grievances

 

[LittleBoy]

It's obvious you don't like working at UPS and in your little immature mind you will harass UPS management to enhance your ego. Why don't you find another job and save yourself some aggravation, and put your energies to better use.

i am very mature about my job and plan on working at ups for a long time. how am i harassing ups management?

if your both qualified and you have seniority.

how do i get qualified?



yesturday, i went to the union office and talked to this guy. he told me to right it all out on paper and give it to the head supervisor(not who i was going to) and tell him about the situation.

today, they had me load a poll that i've never loaded before for the first time. at the end of the day, they had a talk with me. they said that im not trying hard enough in the preload and that i will be in the unload tommarrow and that ill be unloading trailers. lol.

i made the not and brought it, but i forget to give it to the head supervisor.

yesturday, they had me unload trailers...i was doing them in under an hour but they were saying that they have documentation that i can do them faster and were telling me to go faster. everyone else takes over an hour.

they no longer care about my bathroom breaks though.

can i do anything?

 

[swittler]

Just b/c they have documentation taht you can do them faster doesnt mean you need to. just follow the methods and especially watch your package handling. and tell them i am doing the best you can using the proper work methods. and express your weingarten rights of having a union rep present at further discussions that could lead to any type of discipline.


to get qualified just tell your sup that if there are any certain qualifications needed for a certain job that you would like to see them in writing and just show him that you are wanting to perform that job.

 

[tieguy]

I will answer the bathroom situation first....In Ohio it is against OSHA violations for a compnay to prevent its employees to use the restroom. An employee may not be feeling well and must use the bathroom in order to release bodily bacteria. As for the other position, there should be a "preferred job intent" sheet somewhere in the building usually close to the local unions communication board (which is required per contract). so if you sign this intent sheet and you are top seniority, then at the point a position in the job opens up they must put you in that job as long as you are PRE-qualified. I highly suggest talking to your union steward or even your business agent regarding both issues. Sometimes they can resolve the issue w/o filing any grievances

Two different issues. UPS can not deny you the bathroom break but what do you do with someone who is excessive? Another example we had one recently with a guy who goes for as much as a half hour every night around the same time of the night. And is it fair to the guy who works next to him and does not take this half hour unplanned paid break each night. And should we now allow everyone the chance to take this half hour unplanned break at the same time each night and shut us down?

These are the real issues you have the pleasure of dealing with not some BS about the company denying someone a 2 minute p break.

 

[LittleBoy]

Two different issues. UPS can not deny you the bathroom break but what do you do with someone who is excessive? Another example we had one recently with a guy who goes for as much as a half hour every night around the same time of the night. And is it fair to the guy who works next to him and does not take this half hour unplanned paid break each night. And should we now allow everyone the chance to take this half hour unplanned break at the same time each night and shut us down?

These are the real issues you have the pleasure of dealing with not some BS about the company denying someone a 2 minute p break.

no, i only take like 2-3 minutes. not sure where your getting your information...

 

[cachsux]

First as long as you go straight to the bathroom and back UPS cannot dictate how many bathroom visits you make. Show them the courtesy of letting them know you have to go then do so. If they say so and so only goe`s once a night point out that no to people are exactly alike. If they continue to harrass you file a grievance and a complaint with your regional HR office. Specifically point out that your suffering humiliation and embarassment. They gave a driver grief here once along the same lines and it came back to bite them so hard they had to give both written and verbal apologys to the entire driving group.

As far as positions within the building you are eligible to bid on them by seniority but you must be able to do the job. Such as being able to pass the sort test or get the upgraded drivers license for example. If jobs are not filled by seniority then file on this also.

If you have an unsatisfactory steward the go to the BA,or to the local.

 

[LittleBoy]

today, i went to the bathroom after working for two hours, before any break, and as soon as i got back a supervisor snapped and said "YOU CAN NOT TAKE ANY MORE BATHROOM BREAKS TODAY UNLESS IT'S ON BREAK, otherwise ill need you to get a doctors note".

is it harassment if they tell me to get a doctors note?

how easy would it be to get one? i mean, my doctor would probley get pissed that ups is making me get one and wasting his time.

what would you do?

 

[cachsux]

You do NOT have to be on break to go to the bathroom. Yes it is harrassment. Unless your going every 15 min,and you could with a bladder infection or such,you are not going an excessive amount. You said your sup "snapped"? Did he do that in public? Not only can you grieve for harrassment you can also file a grievance and a complaint with HR because you were hummiliated in front of your coworkers,hourly and mgmt.
Also the next time mgmt tells you you need a doctors note tell them "they`re right and you`d like to get one right now,please take me to the clinic". The same one they send you to if you are injured at work,and make sure they keep you on the clock while you go. That shuts the doctor excuse stuff up real quick.
For that matter make sure anytime you are injured at work and are sent to the clinic you remain on the clock untill YOU return to punch out,regardless of how long it takes.

 

[LittleBoy]

You said your sup "snapped"? Did he do that in public? Not only can you grieve for harrassment you can also file a grievance and a complaint with HR because you were hummiliated in front of your coworkers,hourly and mgmt.
Also the next time mgmt tells you you need a doctors note tell them "they`re right and you`d like to get one right now,please take me to the clinic". The same one they send you to if you are injured at work,and make sure they keep you on the clock while you go. That shuts the doctor excuse stuff up real quick.
For that matter make sure anytime you are injured at work and are sent to the clinic you remain on the clock untill YOU return to punch out,regardless of how long it takes.

yes, she did it right in front of another co-worker.

will this actually work?

 

[LittleBoy]

now that i think about it...she's also telling my co-workers that i have a bladder problem. i've had several co-workers come up to me and ask "do you have a bladder problem?" and i say "no" and then they say "well that's what 'bioth' is saying".

do i have to talk to her about this before going to the union or can i just go straight to them and report it?

thanks.

 

[cachsux]

Yes it works. As i posted earlier,they did this to a driver in our bldg and ended up apologizing to the entire group. Go straight to the union and your HR dept. If someone try`s to sweep it under a rug go to the next higher person. No you don`t need to discuss this with your sup,as a matter of fact I wouldn`t discuss anything beyond what is needed to do your job. Also her discussing it with your coworkers,considering she has said you need to see a doctor about it therefore it must be a medical condition in her opinion,is a violation of your right to privacy.
I see three things here:
1) Harassment over a normal bodily function.
2) Humiliation in front of coworkers.
3)Violation of your privacy.

I will point this out. When you are at work do not monkey around on this. Let them know you have to use the restroom,out of courtesy not asking for permision. Go straight there and straight back. Document everything acurately as this will be important when needed. When you went,what times,how many times,what was said to you and where,etc.
Be profesional and dont say anything if they try and discipline you without the presence of a union steward.

 

[LittleBoy]

can i sue her over this? i have several witnesses that have been told by her that i have a bladder problem. im seriously thinking about getting a lawyer and sueing her over this.

 

[SmithBarney]

Its company policy that all employees are to be treated with "respect and dignity" Go to the union, get them involved,

 

[cachsux]

What are your damages? Other than being humiliated is it preventing you from working? Have you suffered monetary loss? Going to the union and HR will get your sup off your back,now and in the future. As for any legal action you should consult a laywer.

 

[ups-submariner]

You can greive but you probably can't sue. Work through your union first. No good lawyer will take your case unless they think they can win themselves lots of money. I believe there are state and federal laws and maybe OSHA regulations concerning bathroom breaks. I would advise you not to play games. If you have to go you should go quickly and get back. Remember you can never do enough for them; just do the best you can and if you survive it all the payraises will come. Only you can decide if it's worth it.

 

[tieguy]

can i sue her over this? i have several witnesses that have been told by her that i have a bladder problem. im seriously thinking about getting a lawyer and sueing her over this.

Typical unionist looking for an unearned hand out.

 

[cachsux]

Typical unionist looking for an unearned hand out.

Typical a-hole mgmt comment.