Cordelia Steward Wins Back Pay For Loss Time
Cordelia shop steward, George Saavedra, was released to return to work on Monday April 14, 1997 from an on the job shoulder injury. Monday morning George was notified by management not to report to work. Management decided their medical knowledge out- weigh the release order by an orthopedic specialist. UPS claimed that George was not 100% because of needed follow-up physical therapy treatments.
Later that week Jane Alt, safety management notified George to return to work and stated "UPS district policy was not to pay for any loss time due to follow-up treatments from on the job injury."
After informing management about the two months prescribed physical therapy treatments on Mondays, Wednesdays, and Fridays manager, Ron Powell told George "that since your appointments will interfere with your work day, you will have to take those days off without pay and will be scheduled to work on Tuesdays and Thursdays ."
UPS violated the Master Agreement Article 14, section 1. the Nor/Cal Agreement Article 29, section 10, and 132a of the labor code which states "it is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment." UPS had singled out Cordelia's steward while another driver who also had follow-up treatment for an OJI injury continued to work.
At the January Nor/Cal panel hearing, UPS's asserted that the treating facility was open at 7 AM and could accommodate treatment outside of the normal work day and therefore UPS did not have to pay for loss time. The union's position was that UPS could not schedule an employee off on days which require follow-up treatment for OJI and the 2 hour physical therapy treatment could not be completed before the steward's 8:15 AM start time. The panel ruled for UPS to pay for loss time of about $3,500 and make payment contributions toward pension, health & welfare for loss hours.
UPS's attempt to circumvent our contract by taking an unilateral policy of not paying for any loss time for on the job injuries that require follow-up treatment had failed. (Foot note: UPS also agreed to pay for loss time for another Cordelia driver on OJI treatments, around $900 dollars.)
Fax articles or questions to (707) 427-3251 Labor Donated
Steward Denied Access To Center
In June 1996 Cordelia's shop steward, George Saavedra, was ordered off UPS property. Management attempted to establish an unwritten UPS policy which denied only stewards center access while on disability.
The Nor/Cal grievance panel convened in September to take up this issue of shop steward's access to the job site while on disability. The panel ruled that both parties abide by Article 4 of the Master Agreement. Article 4 does not restrict or limit's access to UPS property while on disability.
After losing the first round UPS continue to harass and discriminate against Cordelia's steward and try to implement another unwritten UPS policy. UPS now decided that the shop steward must make an appointment first before coming to the center. Again Article 4 of the Master Agreement has no provision requiring such appointments. Cordelia's steward continue to perform his steward's duties without making appointments. UPS issued warning letters, suspensions and finally a discharge letter for failure to follow instruction by not calling first for an appointment.
The grievance panel deadlocked in March 1997 over the issue of UPS refusal to follow the instruction of the previous panel decision in 1996, which was scheduled to be resolved later this month at the second level.
At the January Nor/Cal panel hearing , the union and UPS came to the following agreedment. UPS has agreed to withdraw and remove the discharge letter, all warning letters, and all suspension letters against Cordelia's steward. UPS also agreed that no employee can be denied access to UPS property or required to make any appointment while on disability or for any other reason. (Foot note: Still pending, legal action in federal court by Local 78.)
