[robertbruce93]

I've been looking thru the UPS contract and can't find language regarding OJS rides. Can anyone point me to the page # that defines excessive supervision, and how many times per year for the 3 day OJS ride.

[overallowed]

robertbruce93, on March 11 2010 - 01:50 AM, said:

I've been looking thru the UPS contract and can't find language regarding OJS rides. Can anyone point me to the page # that defines excessive supervision, and how many times per year for the 3 day OJS ride.

I don't know the page but they can do 3 rides a year. Anything more is considered " oversupervising " if you ask me. I will look and see if I can find the article and page number.

[robertbruce93]

Thanks! Anything that has any citable info would be great.

[Over9five]

How many times have you had a sup ride with you within the last year?

[RStillwell]

robertbruce93, on March 11 2010 - 11:50 AM, said:

I've been looking thru the UPS contract and can't find language regarding OJS rides. Can anyone point me to the page # that defines excessive supervision, and how many times per year for the 3 day OJS ride.

Well , this is the best I can do for you. National Master UPS Agreement thru July 31,2013. Article 37 Management Employee Relations- Section 1. Paragraph (a)((((((NOTE: MY WORDS NOT A COPY)))) Employer and Employees will treat each other with dignity and respect at all times.
Also Section 2. and Section 3. In my book (Contract) Article 37 starts on page 120 and ends on pg 123. Nothing about the number of OJS rides, that might be in your locals supplemental agreement (contract). Need to contact your steward on that... Otherwise, Section 3 in the master states ...(((not a copy))) . Any alleged violation of this Article is subject to the grievance procedure. In my personal opinion (which is worthless and will only get you in more trouble) ... The fact that you're asking for help in this matter, implies that you think there is an alleged violation. I would read Article 37, only 3 and a half pages. Then I would ask myself two questions 1. Did my employer (supervisor) treat me with dignity and respect at all times. 2. ) Did I treat my employer (supervisor) with dignity and respect at all times. I am attaching a link to the UPS Master Agreement, I tried looking for it on the IBT website but only found an incomplete markup. The link below is a copy from the IBT website sometime in 2008.

http://www.poughkeep...ent20082013.pdf

[JP2112]

There is language in the Norcal on rides and I believe that it's 3 days per year or 3 rides. Are the rides production oriented, if so do not let the sup touch anything no holding doors open, nothing. If he starts talking to you while you are driving pull over, when he asks why you pulled over tell him or her that they are breaking your concentration and you don't want to get into an accident. This drove one of my sup's nuts. Not only that but I caught him fixing my load. When I was at lunch he was in the back setting up the rest of the day. I thought he might pull something like that so I pretending I was going to get something to eat then went back to truck 5 min later and there he was sorting through everything and setting up the packages. I called the manager and told him what was going on and that they could consider this ride null and void. The other thing I would stress is to be safe and follow the methods especially safety. Do not sheet (input) while walking. Walk to the door place the package were you're going to leave it, scan package ring bell or knock, and stop complete. Little things like this really help if it's a production ride. I'll post the language on rides in a little bit.

[robertbruce93]

JP2112, on March 15 2010 - 12:50 PM, said:

There is language in the Norcal on rides and I believe that it's 3 days per year or 3 rides. Are the rides production oriented, if so do not let the sup touch anything no holding doors open, nothing. If he starts talking to you while you are driving pull over, when he asks why you pulled over tell him or her that they are breaking your concentration and you don't want to get into an accident. This drove one of my sup's nuts. Not only that but I caught him fixing my load. When I was at lunch he was in the back setting up the rest of the day. I thought he might pull something like that so I pretending I was going to get something to eat then went back to truck 5 min later and there he was sorting through everything and setting up the packages. I called the manager and told him what was going on and that they could consider this ride null and void. The other thing I would stress is to be safe and follow the methods especially safety. Do not sheet (input) while walking. Walk to the door place the package were you're going to leave it, scan package ring bell or knock, and stop complete. Little things like this really help if it's a production ride. I'll post the language on rides in a little bit.

Thank you, but I what need specifically is language wording, and/or a case to cite. That language must specifically define what is considered excessive supervision, and define how many days per year for production based OJS rides. This is important and could have ripples effects for all of us. It can't simply be an opinion. This is for government investigators in Sacramento. I have only a few days left to provide this info.

I think RStillwell is correct. The master doesn't address this, even on page 122. Still digging through the Norcal, and researching arbitration cases.

I'm sure the UPS side is watching this forum, so it's not like it's a big secret.

[JP2112]

I see that you found the language on page 120-122 of the master article 37 section 2. This is the language that I used when they would ride with me. I could always catch them doing something to help, holding a door open, sorting through the packages. Then the ride would be worthless. I do not see why this language will not help you in section 1 it says "The employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties." This alone should help. As Stillwell pointed out is the management person being respectful? Another thing I would do is document everything and if it is the same sup riding with you repeatedly I would call that harassment.

[robertbruce93]

JP2112, on March 18 2010 - 05:00 PM, said:

I see that you found the language on page 120-122 of the master article 37 section 2. This is the language that I used when they would ride with me. I could always catch them doing something to help, holding a door open, sorting through the packages. Then the ride would be worthless. I do not see why this language will not help you in section 1 it says "The employer shall not in any way intimidate, harass, coerce or overly supervise any employee in the performance of his or her duties." This alone should help. As Stillwell pointed out is the management person being respectful? Another thing I would do is document everything and if it is the same sup riding with you repeatedly I would call that harassment.

Because this is for a complaint filed with the Department Of Labor Standards Enforcement.

My complaint alleges that I was given an untimely and unwarranted performance review (OJS 3 day ride).

I claim the 3 day ride was retaliation for lodging a safety violation with CAL-OSHA.

UPS claims the 3 day ride was for poor performance and it was already scheduled prior to my complaint with OSHA.

However, I already had multiple OJS rides within a one year period, and had not been disciplined for productivity. I consistently met my SPORH threshold. However, the contract says NOTHING about the number of OJS rides per year, and I was really shocked to learn that. What is defined as excessive supervision? Is it simply how a supervisor treats an employee, or does it refer to constant monitoring? What is to stop a supervisor from being on car with a driver every day for a year if that supervisor is nice and treats the driver with great respect?

The government doesn't want 10 different opinions from drivers, the union, or management on what constitutes excessive supervision. The deputy commissioner wants a specific number that defines excessive supervision, or a precedent setting ruling. I am now in the legal arena, and dealing with lawyers and laws. Unfortunately the contract is vague and general in this area, and what I think it means doesn't matter.

So, what I have found has been encouraging. I found a ruling regarding past and current practice of discipline. I won't get into details here, as I don't want to 'give away the farm', but it's obvious that UPS has agreed through current practice and grievance panels that what it does for one driver, it must do for all drivers.

If anyone has any rulings or grievance decisions that can help in this, then you will be making a difference for many.

[JP2112]

Robert I wish you well on your task at hand and I wish I could help you more. It takes a lot to say enough is enough and stand up to these fools. I have someone in my building who took a BIG stance such as yourself, and when it all comes down I will share the story. Your smart not to show your hand. Good luck and more power to you for standing up to the man. I hope all goes well with your OSHA complaint too.