TEAMSTERS NATIONAL UPS FREIGHT GRIEVANCE COMMITTEE

Transcription

1 10/17/13 TEAMSTERS NATIONAL UPS FREIGHT GRIEVANCE COMMITTEE MINUTE October 8 11, :00 P.M. HYATT REGENCY MISSION BAY 1441 QUIVIRA ROAD SAN DIEGO, CA The meeting was called to order by Chair Sawyer The following cases were WITHDRAWN WITH RIGHTS: NUPSF : Local 745 v. UPSF, Dallas, TX NUPSF : Local 745 v. UPSF, Dallas, TX NUPSF : Local 745 v. UPSF, Dallas, TX NUPSF : Local 745 v. UPSF, Dallas, TX NUPSF : Local 707 v. UPSF, Newburgh, NY NUPSF : Local 745 v. UPSF, Irving, TX NUPSF : Local 745 v. UPSF, Irving, TX NUPSF : Local 745 v. UPSF, Irving, TX NUPSF-11-10: Local 745 v. UPSF, Dallas, TX NUPSF-11-32: Local 70 v. UPSF, Oakland, CA The following cases were POSTPONED: NUPSF-12-33: Local 17 v. UPSF, Denver, CO NUPSF-13-06: Local 63 v. UPSF, Covina, CA NUPSF-13-15: Local 174 v. UPSF, Tukwila, WA NUPSF-13-21: Local 667 v. UPSF, Memphis, TN NUPSF-13-24: Local 988 v. UPSF, Houston, TX

2 NUPSF-13-25: NUPSF-13-26: NUPSF-13-27: Local 988 v. UPSF, Houston, TX Local 988 v. UPSF, Houston, TX Local 480 v. UPSF, Nashville, TN The following cases were put on COMMITTEE HOLD: NUPSF : Local 63 v. UPSF, Fontana/LAX/Los Angeles, CA NUPSF : Local 512 v. UPSF, Jacksonville, FL NUPSF : Local 385 v. UPSF, Ocoee, FL NUPSF : Local 480 v. UPSF, Nashville, TN NUPSF : Local 745 v. UPSF, Dallas, TX NUPSF : Local 519 v. UPSF, Knoxville, TN NUPSF : Local 385 v. UPSF, Orlando, FL NUPSF : Local 385 v. UPSF, Orlando, FL NUPSF : Local 483 v. UPSF, Boise, ID NUPSF : Local 104 v. UPSF, Phoenix, AZ NUPSF : Local 200 v. UPSF, Milwaukee, WI NUPSF : Local 728 v. UPSF, Atlanta, GA NUPSF : Local 745 v. UPSF, Dallas, TX NUPSF : Local 385 v. UPSF, Ocoee, FL NUPSF : Local 63 v. UPSF, Fontana, CA NUPSF-11-13: Local 728 v. UPSF, Atlanta, GA NUPSF-11-22: Local 385 v. UPSF, Ocoee, FL NUPSF-11-23: Local 385 v. UPSF, Ocoee, FL NUPSF-11-34: Local 104 v. UPSF, Phoenix, AZ NUPSF-11-38: Local 104 v. UPSF, Phoenix, AZ NUPSF-11-49: Local 200 v. UPSF, Milwaukee, WI NUPSF-11-50: Local 705 v. UPSF, Palatine, IL NUPSF-11-54: Local 707 v. UPSF, Bayshore, NY NUPSF-11-63: Local 745 v. UPSF, Irving, TX NUPSF-12-16: Local 391 v. UPSF, Greensboro, NC NUPSF-12-23: Local 439 v. UPSF, Lathrop, CA NUPSF-12-46: Local 87 v. UPSF, Bakersfield, CA NUPSF-12-47: Local 87 v. UPSF, Bakersfield, CA NUPSF-13-12: Local 104 v. UPSF, Phoenix, AZ Chair Sawyer called case NUPSF Local 600 v. UPSF, St. Louis, MO On behalf of Ricky Barnett, Union Article 9. Restitution be dissolved and not in the grievant s record. The grievant is not responsible for $8, May need two men on lift gate deliveries that are properly trained. DECISION: Based on the facts presented in the instant case and the grievant s tenure. The grievance is sustained. This case sets no precedent

3 Chair Sawyer called case NUPSF Local 710 v. UPSF, Palatine, IL On behalf of Steve Peplowski, Union Articles 5, 18 and 20. The Company not cooperating with the Union, the Company filled a position improperly resulting in losses for the grievant. The Union requests that DRT road drivers run all Canada freight and make employees whole under the CBA. DECISION: Based on the facts presented, case is referred back for possible resolution. Chair Sawyer called case NUPSF Local 174 v. UPSF, Tukwila, WA On behalf of Bryon Wagner, Union alleges that the Company is in violation of Article 25, Sections 2 and 4, claiming that the Company refused to grant discretionary day to the grievant claiming it to be an unexcused absence. This caused grievant to no be paid for the Labor Day holiday due to him not working the day before the holiday. The Union requests sixteen (16) hours. DECISION: Based on the facts presented, the grievance is denied. Chair Sawyer called case NUPSF Local 431 v. UPSF, Fresno, CA On behalf of Chris Bonjorni, Union alleges that the Company is in violation of Article 5 and all that apply, claiming that on January 11 and 12, 2013 Extra Board Driver bringing in empty trailers and taking out loaded trailers that originated in the FRE terminal. This is FRE bargaining unit work. It is the Union s position that the work performed should have been performed by Chris Bonjorni. The Union requests all lost wages and benefits. DECISION: Based on the facts presented, case is DEADLOCKED. Chair Rhein called case NUPSF Local 600 v. UPSF, St. Louis, MO On behalf of Michael Staples, Union - 3 -

4 Articles 5, 6 and 7, that on January 12, 2013 the road dispatched ignored the Saturday drivers right to run and ran city drivers when we were available on Saturday evening. We have the right to the freight as we are Tuesday through Saturday. The grievant would have come up on his hour s and wanted to run. The Union requests pay for run by the city drivers 3-Kansas and 1- Memphis. DECISION: Based on the facts presented, the grievance is denied. Chair Sawyer called case NUPSF Local 413 v. UPSF, Columbus, OH On behalf of Local 413 on behalf of Clerks, Union alleges a violation of Article 5. The Company posted a bid in violation of Article 5. The bid was posted without a description of the job duties. The Union requests the bid to be put on hold and the Company to comply with the contract. DECISION: Based on the facts presented, case is DEADLOCKED. Chair Rhein called case NUPSF Local 600 v. UPSF, St. Louis, MO On behalf of Myles Khoury, Union Article 5 Section 4 and MOU. The grievant came to work on Tuesday and worked 8.03 hours. His bid clearly states he s Tuesday-Saturday bid. The schedule states his holiday is Tuesday. He s always off on Monday. The grievant was originally paid for holiday and it was taken off the next week s check. The Union requests to be paid $ that was taken away. He has been paid for working the holiday at 1 ½ times his wages. DECISION: Based on the facts presented, case is DEADLOCKED

5 Chair Sawyer called case NUPSF Local 710 v. UPSF, Bedford Park, IL On behalf of Teamsters Local 707 on behalf of all affected members, Union Article 29 and all related Articles, claiming that the Company terminated a condition of employment (P/D drivers being able to take two (2) paid fifteen (15) minute breaks, one (1) in the AM and one (1) in the PM) in place on and before April 7, 2008, the date of the signing of our current Agreement. DECISION: Based on the facts presented, case is referred back for thirty days, if not settled the case is DEADLOCKED. Chair Rhein called case NUPSF Local 769 v. UPSF, Miami, FL On behalf of Teamsters Local Union 769, Union alleges that the Company violated Article 40, that the Company allowed road driver from Orlando (Local 385) to dovetail his seniority and perform work at the Riviera (Local 769) beach terminal without a proper change of operations. The Union requests loss based on pay earned by Orlando driver. DECISION: Based on the facts presented, the change of operations settlement is sustained. The Company shall write an Article 40(b) notice and provide to Locals 385 and 769. Chair Sawyer called case NUPSF Local 667 v. UPSF, Memphis, TN On behalf of Ricky Lucas, Union alleges a violation of Article 5, Section 1. The grievant was denied his seniority first bid choose to work Monday-Friday start time of five (5) am. The Company s actions has forced the grievant to remain a jockey. DECISION: Based on the facts presented, case is referred back for settlement, the panel retains jurisdiction. Chair Sawyer called case NUPSF Local 667 v. UPSF, Memphis, TN On behalf of David Thornton, Union alleges a violation of Article 16, - 5 -

6 Section 1, Article 18, Sections 2 and 4 and Article 20, Section 2. The grievant is due all lost wages due to being taken out of service with no proven illness. DOT Medical card expired and not issue due to a neck size of over 17 inches. DECISION: Based on the facts presented in this instant case, the grievance is denied. This case sets no precedent and is non-referenceable