February 17 and 18, 2014 Sheraton Chicago O Hare Rosemont, IL DECISIONS RENDERED

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1 Dick Gough Brian Buhle 858 Meridian Lake Drive, Ste A Central Region 1300 W. Higgins, Ste 220 Aurora, IL Rosemont, IL (847) Teamsters/UPS Freight Grievance Committee February 17 and 18, 2014 Sheraton Chicago O Hare Rosemont, IL DECISIONS RENDERED CASES CARRIED OVER ON THE DOCKET #3-12 Local Union No. 299 Detroit, MI Grievant: Joseph Vitatoe, Road Steward Re: Article 20, 40 and 44. Grievance: I am writing a grievance on behalf of all affected DTR runs driver s. Subcontractor (TNKC) is being loaded to go to Canada in front of DTR 012 and the run was cancelled. This started nine (9) months ago. Historically 50H would send Canada Freight to DRR to move to Canada. On DTR 012 was cancelled and this has also affected our Canada DTR 001 which gets cancelled as recent as This run DTR 012 always had freight and was never cancelled until (TNKC) started running. This is a Change of Operation and the Union was not notified. Remedy: To reinstate DTR 012. February 2012, PPC April 2012, PPU- June 2012, PPM August 2012 CH December 2012, CH February 2013, CH May 2013, CH August 2013, CH November CH Withdrawn. #14-13 Local Union No. 299 Detroit, MI Grievant: Rico Martin Re: Article 5. Grievance: I m writing this grievance under the current agreement between UPS and Teamsters. The Company is violating my seniority and advancement to fulltime status when a full-time position is available on the current bid. February 2013, PPC May 2013, PPU August 2013, PPM November 2013, PPM denied. Based on the facts presented in this instant case, the claim of the Union is 1

2 #20-13 Local Union No. 651 Lexington, KY Grievant: Kenny Poindexter Re: Article 26 and 29. Grievance: On February 1, 2013 at 1:30 am I was in Nashville, TN. I was told to go to the motel due to bad weather by dispatch. They were told to put me to bed by Central Dispatch. I did not get paid for time off. Other Lexington drivers did. Settlement: 8-hours pay at grievant's top rate of pay. May 2013, PPC August 2013, PPM November 2013, PPU Withdrawn with rights. #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 but did not receive payment for those days. I was then told I would not be paid for the remaining days scheduled in Settlement requested payment for all. May 2013, PPC August 2013, PPU November 2013, PPM Postponed Mutual. #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 Postponed Union. #64-13 Local Union No. 41 Kansas City, MO Grievant: Tom Diebold Re: Article 21. Grievance: I am capable of driving a truck in my position. My doctor has stated this. I am capable of working the dock. Concentra has stated this to be true. UPS has told me to ask for an accommodation under the ADA when I don t need an accommodation. I had a mild stroke on January 20 or 21, 2013 and was allowed to return to work full duty without any restrictions. The mild stroke does not interfere with my ability to perform my job duties. I have been falsely treated to have a disability in violation of the Americans with Disabilities Act and the Union contract. August 2013, PPC November 2013, CH denied. Based on the facts presented in this instant case, the claim of the Union is 2

3 #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 40- hours 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 #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 November 2013, PPM #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 Postponed Union. #82-13 Local Union No. 710 Mokena, IL Grievant: Bradford Fitzpatrick Jr. Re: Article 5 and 6. Grievance: Mr. Bradford Fitzpatrick Jr. has filed an appeal to have his name remain of the seniority list until he is medically qualified to return to work. Retain Mr. Bradford s seniority. November 2013, PPU Based on the facts presented, the claim of the Union is denied. There is no contract violation. 3

4 NEW CASES KENTUCKY #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, 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. OHIO #2-14 Local Union No. 413 Columbus, OH Grievant: Scott Parker Re: Article 6, Section 1. Grievance: I was taken out of service. I am protesting the company s position and asking to be reinstated fully to my seniority position to include health and welfare. Asking that the letter be removed from my records. More information to follow. Asking to be reinstated will all monies and benefits due. Based on the facts presented, the claim of the Union is denied. #3-14 Local Union No. 413 Columbus, OH Grievant: Angela Bausher Re: Article 5, Section 1, 4. Grievance: Seniority is being violated. A most junior person was awarded a job posting that should have been offered to me and if I would have accepted the job I d need to be trained. I questioned why I only had 11 pm to choose from and was told that s all there was then questioned training for os&d and was told I don t qualify for it. Settled and withdrawn. WISCONSIN #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 4

5 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. Postponed Union. COLORADO #5-14 Local Union No. 17 Denver, CO Grievant: Jeff Johnson Re: Article 6. Grievance: Discharge unfair and unjust. Based on the facts presented in this instant case, the discharge is reduced to a time served suspension. The grievant will attend one (1) day of safety training on his own time. The grievant will return to work upon completion. This is a final warning. #6-14 Local Union No. 17 Denver, CO Grievant: Kendall Palmer Re: Article 41 and Article 2, Section 2. Grievance: Received warning letter for using restroom before I went to lunch. Based on the facts presented, the Committee finds no contract violation. #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. Postponed Mutual. #8-14 Local Union No. 17 Denver, CO Grievant: Joseph Hart Re: Article 28. Grievance: During a telematics review, I was asked about the length of time it takes to get off the clock in the evening. I was told by Mr. Jenkins that I am watched by him and he remarked that I walk slow and that I need to pick up my pace. Based on the facts presented, the Comjmittee finds no contract violation. 5

6 #9-14 Local Union No. 17 Denver, CO Grievant: Joseph Hart Re: Article 23, Section 3. Grievance: Called into the office on to be disciplined about on property time based solely on telematics. Based on the facts the presented, the claim of the Union is denied. MINNESOTA #10-14 Local Union No. 120 Blaine, MN Grievant: Greg Cagle Re: Article 5. Grievance: Grievant s seniority was violated when Company allowed junior employee to work. Withdrawn. #11-14 Local Union No. 120 Blaine, MN Grievant: Tim Siedow Re: Article 5. Grievance: Grievant s seniority was violated when Company allowed junior employee to work. denied. Based on the facts presented in this instant case, the claim of the Union is MISSOURI Case #12-14 and #13-14 were heard together #12-14 Local Union No. 41 Kansas City, MO Grievant: Darryl Fry Re: Article 5 and 6. Grievance: Discharge. Mr. Fry is a sleeper team driver. The company contends that only one driver on a sleeper team is supposed to be paid for drop and hook time. Mr. Fry and his sleeper partner were both being paid for drop and hook time. Mr. Fry contends that if they were both being paid that he was no aware that they were. The company contends that this is stealing time. Mr. Fry contends that there is no directive from the company instructing sleep team drivers how they are supposed to report drop and hook time and that if the way they were doing it was wrong than the company should directly instruct sleeper drivers of the proper procedure. The Union further contends that both drivers should be paid for all time spent in the service to the employer as referenced in Article 26. The Union further contends that provision #5 of the MOU dated stipulates that both sleeper drivers are paid for all time involved in delays. Based on the facts presented, the claim of the Union is denied and the discharge is upheld, per the arbitrator s decision. 6

7 #13-14 Local Union No. 41 Kansas City, MO Grievant: Jeff Lake Re: Article 5 and 6. Grievance: Discharge. Mr. Lake is a sleeper team driver. The company contends that only one driver on a sleeper team is supposed to be paid for drop and hook time. Mr. Lake and his sleeper partner were both being paid for drop and hook time. Mr. Lake contends that if they were both being paid that he was no aware that they were. The company contends that this is stealing time. Mr. Lake contends that there is no directive from the company instructing sleep team drivers how they are supposed to report drop and hook time and that if the way they were doing it was wrong than the company should directly instruct sleeper drivers of the proper procedure. The Union further contends that both drivers should be paid for all time spent in the service to the employer as referenced in Article 26. The Union further contends that provision #5 of the MOU dated stipulates that both sleeper drivers are paid for all time involved in delays. Based on the facts presented, the claim of the Union is denied and the discharge is upheld, per the arbitrator s decision. #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 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. ILLINOIS #15-14 Local Union No. 179 Joliet, IL Grievant: Henry Scott Re: Article 6. Grievance: Unfair, unjust termination. Resolution request is fully reinstated to his position with full back pay and benefits. Based on the facts presented, the discharge is reduced to a disciplinary suspension. No claim for back pay. This is a final warning per the arbitrator s decision. #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. 7

8 #17-14 Local Union No. 710 Mokena, IL Grievant: Demon Applewhite Re: Article 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. #18-14 Local Union No. 710 Mokena, IL Grievant: Dyrece Booker Re: Article 6. Grievance: Discharge was unjust due to medical reasons. Remedy to be reinstated with back pay and benefits. On-in-error. #19-14 Local Union No. 710 Mokena, IL Grievant: Shulawn M. Tate Re: Article 5.4 Grievance: Qualified for T-Conn clerk position and denied the opportunity to work in that job classification. Remedy to be allowed to work in T-Conn clerk position. DEADLOCKED. #20-14 Local Union No. 710 Mokena, IL Grievant: Cyle Griffin Re: Article 6 and 7. Grievance: Was given a 72-hours recall notice. When returning to work within the 72-hours was terminated. Remedy to be reinstated. Based on the facts and evidence presented, the Company s point-of-order is upheld per the arbitrator s decision. #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. 8

9 Dick Gough Brian Buhle 858 Meridian Lake Drive, Ste A Central Region 1300 W. Higgins, Ste 220 Aurora, IL Rosemont, IL (847) Teamsters/UPS Freight Grievance Committee February 17 and 18, 2014 Sheraton Chicago O Hare Rosemont, IL DECISIONS RENDERED ADDENDUM 1 #22-14 Local Union No. 600 Maryland Heights, MO Grievant: Shawn Ketcherside Re: Article Grievance: This grievance was and is filed over a health and safety issue at St. Louis, MO. It was deadlocked on a Company point-of-order for wrong date on the grievance and lack of Article number on grievance. St. Louis local panel hearings were held Tuesday, October 15, On-in-error. #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. Postponed Mutual. #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. Postponed Mutual. 9

10 #25-14 Local Union No. 600 Maryland Heights, MO Grievant: Michael P. Simburger Re: Article 24, Section 4. Grievance: On Tuesday, my father passed away. I had to take off that evening for I was in no shape to drive. I worked Wednesday, and notified Company that funeral arrangements were made for Thursday, 9-19 and Friday, On Thursday, 9-19 at 3:48 pm received call from company that I 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. Postponed Mutual. 10

11 Dick Gough Brian Buhle 858 Meridian Lake Drive, Ste A Central Region 1300 W. Higgins, Ste 220 Aurora, IL Rosemont, IL (630) (847) Teamsters/UPS Freight Grievance Committee February 18, 2014 Sheraton Chicago O Hare Rosemont, IL DECISIONS RENDERED ADDENDUM 2 #26-14 Local Union No. 200 Milwaukee, WI Grievant: Patrick Melsheimer Re: Article 6. Grievance: Protest unjust discharge. Letter dated Discharge letter is untimely, improper and member should have been allowed to work until his grievance or discharge was sustained under the grievance procedure. Member requests to be immediately reinstated with all back pay and benefits.. On-in-error. 11

12 Dick Gough Brian Buhle 858 Meridian Lake Drive, Ste A Central Region 1300 W. Higgins, Ste 220 Aurora, IL Rosemont, IL (630) (847) Teamsters/UPS Freight Grievance Committee February 18, 2014 Sheraton Chicago O Hare Rosemont, IL DECISIONS RENDERED ADDENDUM 3 #27-14 Local Union No. 705 Chicago, IL Grievant: Alvin Wooten Re: Article 6. Grievance: Unjust discharge.. Based on the facts presented, the claim of the Union is denied and the discharge is upheld, per the arbitrator s decisions. 12