May 2014 - HOME UPS Freight

Dick Gough
Brian Buhle
858 Meridian Lake Drive, Ste A
Aurora, IL 60504
Central Region
1300 W. Higgins, Ste 220
Rosemont, IL 60068
(847) 292-1225
Teamsters/UPS Freight Grievance Committee
May 19 and 20, 2014
Hilton Downtown
Indianapolis, IN
DECISIONS RENDERED
CASES CARRIED OVER ON THE DOCKET
#26-13
Local Union No. 823 – Joplin, MO
Grievant: Danny Long
Re: Article 13 and Article 25.
Grievance: I was granted vacation days on March 15 and March 18-22 but
did not receive payment for those days. I was then told I would not be
paid for the remaining days scheduled in 2013. Settlement requested
payment for all.
May 2013, PPC – August 2013, PPU – November 2013, PPM – February
2014, PPM
Decision:
Based on the facts presented, the claim of the Union is denied.
#43-13
Local Union No. 364 – South Bend, IN
Grievant: Joe Farris
Re: Article 44
Grievance: SBD004 (South Bend to Lexington meet point Indianapolis) run
cut put on subcontractor. Our claim is two-way freight subcontractor not
servicing on time.
August 2013, PPM – November 2013, PPC – February 2014, PPU
Decision:
Withdrawn.
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#66-13
Local Union No. 651 – Lexington,, KY
Grievant: Amber McGuire
Re: Article 46.
Grievance: I am currently at part-time clerical position working an average of 40hours per week. I am not receiving full-time benefits nor am I receiving full-time
pay. I leave at 1:30 each day and supervisors are performing these clerical duties
until the next clerical comes in at 5:30. Supervisors should not be performing
these hourly union duties. This has been going on for 6-months possibly longer.
November 2013, PPM – February 2014, PPC
Decision:
Postponed Union.
#72-13
Local Union No. 100 – Cincinnati, OH
Grievant: Scott Witsken
Re: Article 26, Section 1.
Grievance: Company failed to implement pay increase’s the 1 st pay period in July
2013.
November 2013, PPM – February 2014, PPC
Decision:
Withdrawn.
#73-13
Local Union No. 200 – Milwaukee, WI
Grievant: Bargain unit office clerks
Re: Article 5.4, Office Addendum, No. 6, Section (4) A.
Grievance: Start times by classification are not being posted for bid on the
Union bulletin board. The bids do not contain a description of the job. Members
are working under bids without a description of the job. Request compliance
with contract, have descript of job on bids.
November 2013, PPM – February 2014, PPU
Decision:
Postponed Company.
#1-14
Local Union No. 651 – Lexington, KY
Grievant: Norbert Ohlmann
Re: Article 16, 20 and 38.
Grievance: I was cleared to return to work on May 9, 2013 by my doctor. The
company doctor didn’t clear me to return to work until August 5, 2013. The
company’s doctor refused and/or didn’t take attempts by my doctor to contact
him until the Union and the Company put pressure on him to do so. At that
time I was cleared to return to work.
Settlement to be made whole for all work missed since my doctors release me to
come back to work.
February 2014, PPC
Decision:
Withdrawn.
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#4-14
Local Union No. 200 – Milwaukee, WI
Grievant: Sharon Gallert
Re: Article 5, 6, 7 and 8.
Grievance: Company is utilizing a casual clerical clerk that is guaranteed four (4)
hours under the contract when scheduled to work to circumvent the seniority of
a full-time clerical clerk. By starting him at 6 am and allowing him to work
beyond eight (8) hours. Than bring in the senior full-time clerk in later in the
day thusly obtaining less hours that day. Union requests the Company disperse
extra work by seniority. Send casual clerk home after his guarantee has been
met and call in senior full-time clerk for the extra work honoring seniority. Also
request all back pay for time in question and if there is enough work on the day
shift to work a casual clerical clerk beyond four (4) hours on a regular basis this
should be offered to the seniority list as a bid to be bid on by the seniority list.
February 2014, PPU
Decision:
Postponed Company.
#7-14
Local Union No. 17 – Denver, CO
Grievant: Kendall Palmer
Re: Article 22, Section 3.
Grievance: Received warning letter for failure to call-in stop delays, failure to
report obstacles and improper recording time entries via DIAD.
February 2014, PPM
Decision:
Matter of record. Warning letter is automatically protested.
#14-14
Local Union No. 41 – Kansas City, MO
Grievant: Tom May
Re: Article 5.
Grievance: Mr. May is a Kansas City, KS bid driver who runs a meet and turn run
with Denver, CO. The meet point is Wakeeney, KS. On 4-9-13 the company
cancelled his bid run. The company ran the bid run early with extra-board
drivers. Mr. May was available and not offered the opportunity to run on the
earlier run.
February 2014, PPC
Decision:
denied.
Based on the facts presented in this instant case, the claim of the Union is
#16-14
Local Union No. 710 – Mokena, IL
Grievant: Earltrina Blackmon
Re: Article 5.
Grievance: Pilot case; junior seniority worker allowed to work 8-hours. Work was
not offered to Earltrina who is above her in seniority.
Remedy to be paid for the above hours worked.
February 2014, PPC
Decision:
Settled and withdrawn.
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#17-14
Local Union No. 710 – Mokena, IL
Grievant: Demon Applewhite
Re: Article 5.18.
Grievance: Pilot case; junior seniority worker allowed to work 6-hours was not
offered to Demon who is senior and his work had been cancelled.
Remedy to be paid for the above hours worked by junior employee.
February 2014, PPC
Decision:
Settled and withdrawn.
#21-14
Local Union No. 710 – Mokena, IL
Grievant: Daniel Richard Mikrut
Re: Article 6 and 7.
Grievance: Asking for full investigation. Wrongful discharge.
Remedy to be reinstated with full pay and benefits.
February 2014, PPC
Decision:
Per the arbitrator’s decision, there is insufficient evidence to prove the
grievants voluntary resignation was in fact, a constructive discharge. The claim of the
Union is denied and the Company’s point-of-order is upheld.
#23-14
Local Union No. 600 – Maryland Heights, MO
Grievant: Shawn Ketcherside
Re: Article 5.
Grievance: I came back from city route still had 1.5 hours left until my 8 th hour.
I requested work and was denied while junior man hooked van and given a late
pick-up. I clocked out 5:25 pm, junior man 7:41 pm. Claiming all monies due.
February 2014, PPM
Decision:
Based on the facts presented, the claim of the Union is denied.
#24-14
Local Union No. 600 – Maryland Heights, MO
Grievant: Chalmer Steele
Re: Article 40.
Grievance: Grievant notified on 12/2/13 that run STL #044 will be cancelled run
given to Paducah, KY (PDH #000). This run will be moving GAF freight which is
the same freight now running on STL #044. Most of not all of this GAF generates
at St. Louis. Requesting run to be reinstated.
February 2014, PPM
Decision:
Based on the facts presented, the claim of the Union is denied.
#25-14
Local Union No. 600 – Maryland Heights, MO
Grievant: Michael P. Simburger
Re: Article 24, Section 4.
Grievance: On Tuesday, 9-17-13 my father passed away. I had to take off that
evening for I was in no shape to drive. I worked Wednesday, 9-18-13 and
notified Company that funeral arrangements were made for Thursday, 9-19 and
Friday, 9-20. On Thursday, 9-19 at 3:48 pm received call from company that I
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was b denied funeral leave as my dad was not my biological father. He was the
only father I ever knew and the grampa to my children. I then was denied
vacation pay. Requesting 3-days’ pay for funeral leave.
February 2014, PPM
Decision:
Settled by Agreement.
NEW CASES
KENTUCKY
#28-14
Local Union No. 651 – Lexington, KY
Grievant: Dennis Martin
Re: Article 5, Section 2c.
Grievance: 10:30 February 14, 2014 LEX 037 canceled due to lack of freight. I
requested to dove-tail into the extra board. My request was denied. My run was
cancelled due to lack of freight and I was notified via phone at 9:00 on this date.
Settlement: To be made whole in all ways.
Decision:
Postponed Company.
OHIO
#29-14
Local Union No. 407 – Cleveland, OH
Grievant: Jasmin Peebles
Re: Article 5.
Grievance: I am protesting my termination; I wish to be returned to work with
back pay and benefits.
Decision:
Settled and withdrawn.
#30-14
Local Union No. 413 – Columbus, OH
Grievant: Michael Baughman
Re: Article 6, Section 1.
Grievance: I received a letter for ff: for not coming in on Monday my day off. I
completed my Tuesday through Saturday work week and I work a second job on
Mondays. Asking that this letter be rescinded.
Decision:
Based on the facts presented, the Company’s point-of-order is upheld
.
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#31-14
Local Union No. 413 – Columbus, OH
Grievant: Mike Woods
Re: Article 18, Section 2.
Grievance: On Friday, January 31, 2014 mandatory posting of full time
employees to work Saturday, February 1, 2014. Section 2 states work shall be
scheduled for 5 consecutive days (Monday thru Friday) or Tuesday thru
Saturday). My work schedule is Monday thru Friday. This is a violation of Article
18, Section 2. This practice needs to stop.
Decision: Based on the facts presented, the decision in Case #82-09 is clear.
WISCONSIN
#32-14
Local Union No. 200 – Milwaukee, WI
Grievant: Kenneth Thomas
Re: Article 6.
Grievance: Protest unjust discharge letter dated 3-27-2014. Request
reinstatement and all back pay with benefits.
Decision:
Per the arbitrator’s decision, the grievant will return to work with no back
pay. The discharge is reduced to a suspension. The grievant will return to work once he
has a full medical release. And will have one-day of Safety Training.
INDIANA
#33-14
Local Union No. 215 – Evansville, IN
Grievant: Denver Robb
Re: Article 5.
Grievance: Denver is a red circle dock worker. We feel he is guaranteed 8-hours
a day.
Decision:
Based on the facts presented, the case is referred back to the parties for
possible settlement. This Committee retains jurisdiction.
MISSOURI
#34-14
Local Union No. 600 – Maryland Heights, MO
Grievant: Melissa Smith
Re: Article 5 and Article 6.
Grievance: Upon receiving notice on 1-29-14, even though my seniority is
“broken” I can still only be terminated for just cause. There is no just cause for
my termination. I have also requested reasonable accommodation under the
ADA because of my disability and none has been permitted. I was terminated in
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violation of the ADA rather than just cause. I also did not receive previous
notice prior to receiving January 27, 2014 notice.
Requesting to be treated fairly in reference to my seniority, job classification and
years of service and rate of pay and benefits. The ADA accommodation which
was prematurely due to Company error - reinstate.
Decision:
denied.
Based on the facts presented in this instant case, the claim of the Union is
#35-14
Local Union No. 600 – Maryland Heights, MO
Grievant: David C. McKinney
Re: Article 5 and Article 18.
Grievance: Grievant is on 8-hour guarantee bid. He was placed on-call and a
non-guaranteed driver was brought in. Grievant’s statement: A guarantee driver
should be brought in before a man non-guarantee driver. Requesting all monies
due this case settle 8 others on local agenda at St. Louis attached to this case.
Decision:
Based pm the facts presented, this case is DEADLOCKED.
ILLINOIS
#36-14
Local Union No. 179 – Joliet, IL
Grievant: James Clegg
Re: Pay claim.
Grievance: Mr. Clegg was on a medical leave since 11-17-13. He retired on 1-1714. The Company refuses to pay him his discretionary days.
Decision:
Postponed Union.
#37-14
Local Union No. 705 – Chicago, IL
Grievant: Victor Mercado
Re: Article 6.
Grievance: Unjustly suspended for three (3) days.
Decision:
Based on the facts presented in this instant case, the 3-day suspension is
reduced to a 1-day suspension.
#38-14
Local Union No. 705 – Chicago, IL
Grievant: Morris Palmer
Re: Article 6.
Grievance: Unjust termination.
Decision:
Based on the facts presented, the grievant will return to work May 27, 2014.
All time off will serve as a suspension. This is a final warning and the grievant will follow
proper procedures.
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#39-14
Local Union No. 710 – Mokena, IL
Grievant: Heather Stacy
Re: Article 5.
Grievance: A part-time office clerical has worked over 45-days in 90-day period
at 8-hours or more and the Union requests another full-time position be added
to the clerical staff at Bedford Park, UPSF terminal.
Decision:
Based on the facts presented, this case is DEADLOCKED.
#40-14
Local Union No. 710 – Mokena, IL
Grievant: Michael Rossow, et al pilot
Re: Article 26.
Grievance: Company violated Article 26, Section 3 and reduced part-time casual
dock workers hourly pay $2.01 when the Company moved these workers to fulltime non CDL positions. The members should remain at $22.85.
Decision:
Based on the facts presented, this case is DEADLOCKED.
#41-14
Local Union No. 710 – Mokena, IL
Grievant: Joseph Mercado
Re: Articles 6, 7 and 27
Grievance: It is the position of the Union that Mr. Mercado did not violate the
UPS/IBP Rehabilitation Agreement and that he was approved for vacation time on
this issue.
Decision:
Settled by Agreement.
#42-14
Local Union No. 710 – Mokena, IL
Grievant: Cleazell Harris
Re: Article 6.
Grievance: Grievant was discharged for refusing a direct work assignment. The
grievant did not fully understand the ramification of the incident to which this
occurred.
Decision:
Based on the facts presented, the claim of the Union is denied.
#43-14
Local Union No. 710 – Mokena, IL
Grievant: Justin Chavers
Re: Article 6.
Grievance: The grievant did notify the Company as instructed that he needed to
leave at 1800 hours this day. Grievant complied with OM’s instructions. Request
to be returned to position.
Decision:
Based on the facts presented, the claim of the Union is denied.
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Dick Gough
Brian Buhle
858 Meridian Lake Drive, Ste A
Aurora, IL 60504
Central Region
1300 W. Higgins, Ste 220
Rosemont, IL 60068
(847) 292-1225
Teamsters/UPS Freight Grievance Committee
May 19 and 20, 2014
Hilton Downtown
Indianapolis, IN
ADDENDUM 1
DECISIONS RENDERED
#44-14
Local Union No. 90 – Des Moines, IA
Grievant: Andrew Sowden
Re: Article 44.
Grievance: On January 14, 2014 the Company improperly subcontracted local
P&D work.
Decision:
Based on the facts presented in this instant case, the claim of the Union is
upheld for 2-hours at the overtime rate.
#45-14
Local Union No. 90 – Des Moines, IA
Grievant: Anthony Emry
Re: Article 5.
Grievance: The Company granted extra work without following seniority.
Requesting six hours pay at the appropriate rate.
Decision:
Based on the facts presented, the claim of the Union is upheld for 6-hours at
the overtime rate.
#46-14
Local Union No. 90 – Des Moines, IA
Grievant: Robert Miller and Edwin Fantaveti
Re: Article 18.
Grievance: The Company improperly denied Andy miller and Ed Fantaveti the
opportunity to work. They are asking to be made whole.
Decision:
Based on the facts presented, the claim of the Union is denied.
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Dick Gough
Brian Buhle
858 Meridian Lake Drive, Ste A
Aurora, IL 60504
Central Region
1300 W. Higgins, Ste 220
Rosemont, IL 60068
(847) 292-1225
Teamsters/UPS Freight Grievance Committee
May 19 and 20, 2014
Hilton Downtown
Indianapolis, IN
ADDENDUM 2
DECISIONS RENDERED
#47-14
Local Union No. 414 – Fort Wayne, IN
Grievant: Robert Jordan
Grievance: Discharged for not calling in at a timely manner. Mr. Jordan is a
casual at UPS Freight and has been employed as such since 2-6-2001. Mr. Jordan
is senior to all other casuals. Mr. Jordan has been on “will call” his entire time
while at UPS. They have had Mr. Jordan call in for work every day rather than
follow the contract which states the schedule for casual employees shall be
posted by Friday of the preceding week. Mr. Jordan never was placed on a
schedule
Decision:
Based on the facts presented, the claim of the Union is denied and the
discharge is upheld.
#48-14
Local Union No. 413 – Columbus, OH
Grievant: Andy Shutts
Grievance: On 5-2 14, I was notified that I was being discharged. I am protesting
the Company’s discharge and wish to be reinstated in full and made whole.
Asking to be reinstated with all monies and benefits due.
Decision:
Based on the facts presented, the time off will serve as a suspension. The
grievant will return to work May 27, 2014. The driver will work as directed until the next
bid.
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#49-14
Local Union No. 413 – Columbus, OH
Grievant: Brian McKenney
Grievance: On 3-19-14, I was taken out of service for a serious accident. Asking
to be reinstated as soon as possible. Asking to be reinstated with all monies and
benefits due.
Decision:
Based on the facts presented, the grievant will return to work with no back
pay on May 27, 2014. The grievant will have 3-days on his own time of Safety Training.
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Dick Gough
Brian Buhle
858 Meridian Lake Drive, Ste A
Aurora, IL 60504
Central Region
1300 W. Higgins, Ste 220
Rosemont, IL 60068
(847) 292-1225
Teamsters/UPS Freight Grievance Committee
May 19 and 20, 2014
Hilton Downtown
Indianapolis, IN
ADDENDUM 3
DECISIONS RENDERED
#50-14
Local Union No. 413 – Columbus, OH
Grievant: Bill Swaim
Re: Article 6.
Grievance: On 5-9-14, I was taken out of service for extreme serious. Asking to
be reinstated with all monies and benefits due.
Decision:
Per the arbitrator’s decision, in view of the grievan’s 11-year work record, the
grievant will return to work on the next available shift and will receive no back pay. At the
Company’s option, it may issue the grievant a written warning with regard to the
seriousness of falsifying medical records, and that any further incident of this nature may
result in more sever discipline up to and including discharge.
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