ABF | Lack Of Representation Rochester NY Local 118

ABF381

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I do this post with a heavy heart. I am still a proud Teamster, I am just having problems with my BA at my local representing me. I'm not looking for opinions of the Teamsters Union and I will delete any nonsense posts that don't abide by this request.
As some of you may know I have had many problems at my local barn with contract violations concerning excessive overtime.
In 2007 the company signed an LOA (Letter of Agreement) with the Union which states that the company won't force any employees to work more than 12 hours in a day. This gets violated quite often.
The last two times this has occurred I have filed, once for 12.5 hours and the other for 15 hours. According to Article 7 Section 2 there are guidelines to how fast the Union must respond to these grievances, but it took about 2 months by the time we met, but I was like better late than never.
Before this meeting my BA came to me and stated that I had no case as the next line in the LOA (which I will post) says they can work the "cleanup shift" more than 12 hours, to which I replied I'm 2nd on the seniority list with the earliest start time so that wouldn't be me. To which she told me after the meeting she was dropping my grievances as we wouldn't win. Its bull ::shit::.
What is my next move? I don't want to drop this as it is clear and plain English. If you have any answers and you don't want to post it just PM me please. Thanks for letting me vent.
 
My next step would be to go up the chain above the BA. I would also file on the length of time it took her to just get back and discuss it with you. If this is a recurring issue with the Ba and the higher ups let it continue, then maybe a letter to the International is warranted.
 
Agree they may not like this but .....
Run it up the flagpole 🏴‍☠️and see
you already put them on notice.



My TM had guys that would only work maybe if a barley honest 7 hrs a day (if !) the rest of the time was breaks extra long lunch at Mom's , yard chat and ther daily "I only poop on company time." How this guy got away with it was shocking. Then on the other hand we had the same city drivers that worked exactly 11.75 hrs every day as planned living check to check.
 
I do this post with a heavy heart. I am still a proud Teamster, I am just having problems with my BA at my local representing me. I'm not looking for opinions of the Teamsters Union and I will delete any nonsense posts that don't abide by this request.
As some of you may know I have had many problems at my local barn with contract violations concerning excessive overtime.
In 2007 the company signed an LOA (Letter of Agreement) with the Union which states that the company won't force any employees to work more than 12 hours in a day. This gets violated quite often.
The last two times this has occurred I have filed, once for 12.5 hours and the other for 15 hours. According to Article 7 Section 2 there are guidelines to how fast the Union must respond to these grievances, but it took about 2 months by the time we met, but I was like better late than never.
Before this meeting my BA came to me and stated that I had no case as the next line in the LOA (which I will post) says they can work the "cleanup shift" more than 12 hours, to which I replied I'm 2nd on the seniority list with the earliest start time so that wouldn't be me. To which she told me after the meeting she was dropping my grievances as we wouldn't win. Its bull ::::shit::::.
What is my next move? I don't want to drop this as it is clear and plain English. If you have any answers and you don't want to post it just PM me please. Thanks for letting me vent.
Is your BA from UPS? If so that would explain a lot. They just don't comprehend our contract is different then parcel....
 
My next step would be to go up the chain above the BA. I would also file on the length of time it took her to just get back and discuss it with you. If this is a recurring issue with the Ba and the higher ups let it continue, then maybe a letter to the International is warranted.
Ok, I don't want to sound dumb, but do I just file it on a grievance form? I have never had this problem before so I want to do it properly...
 
I think SOR could answer that question better. However always have a paper trail and this should answer any question about recording any conversations.
New York State Law New York is a one-party consent state. This means that only one party must consent to the recording of an in-person or telephone conversation. In other words, if you are a party to the conversation, you may record without the other person's consent
 
Not on a grievance form, who would represent the B.A., who would represent you? I would send a registered letter to the president of the local explaining your complaint and request a meeting, If no satisfaction or resolve came out of the meeting, then next step would be a letter to the Joint council president, If not resolved, then a letter to the freight director would be in order, Good Luck
 
Not on a grievance form, who would represent the B.A., who would represent you? I would send a registered letter to the president of the local explaining your complaint and request a meeting, If no satisfaction or resolve came out of the meeting, then next step would be a letter to the Joint council president, If not resolved, then a letter to the freight director would be in order, Good Luck
It would also be a good idea if you could get the other members of your barn to sign letter also (strength in numbers) and if meeting did take place, i would include assistant steward in the meeting, cover your ass.
And document all communication, keep copies of notes, conversations, etc.
 
Not on a grievance form, who would represent the B.A., who would represent you? I would send a registered letter to the president of the local explaining your complaint and request a meeting, If no satisfaction or resolve came out of the meeting, then next step would be a letter to the Joint council president, If not resolved, then a letter to the freight director would be in order, Good Luck
It would also be a good idea if you could get the other members of your barn to sign letter also (strength in numbers) and if meeting did take place, i would include assistant steward in the meeting, cover your ass.
Thank you Chappey!!!
Very good info. there. But, you may have a problem getting other members to sign the letter. Especially the ones that want all the OT they can get their hands on!!!
Article 7, Section 2. Is the Grievance Bill of Rights. I don’t see how a BA can deny taking a grievance to panel. Especially when there is a LOA pertaining to this very subject. I would do like Chappey said and if that does not work, take it to the next level.
 
Thank you Chappey!!!
Very good info. there. But, you may have a problem getting other members to sign the letter. Especially the ones that want all the OT they can get their hands on!!!
Article 7, Section 2. Is the Grievance Bill of Rights. I don’t see how a BA can deny taking a grievance to panel. Especially when there is a LOA pertaining to this very subject. I would do like Chappey said and if that does not work, take it to the next level.
Always helps to get more members involved, makes the complaint look stronger, If all else fails, an interpretation grievance could be filed on behalf of all affected members, looking for clarification on LOA
 
Thank you Chappey!!!
Very good info. there. But, you may have a problem getting other members to sign the letter. Especially the ones that want all the OT they can get their hands on!!!
Article 7, Section 2. Is the Grievance Bill of Rights. I don’t see how a BA can deny taking a grievance to panel. Especially when there is a LOA pertaining to this very subject. I would do like Chappey said and if that does not work, take it to the next level.
Would filing with the Labor Relations Board be the last resort? I have had some tell me they were behind me all the way, but when it came down to gut check time they were indeed behind me all the way, all the way out of sight.
 
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Would filing with the Labor Relations Board be the last resort? I have had some tell me they were behind me all the way, but when it came down to gut check time they were indeed behind me all the way, all the way out of sight.
I, like you would think that would be the last step to take. Like Chappey said, I would contact the Local President and schedule a meeting with him/her and your steward as a witness to find out why the BA would just decide to “drop the grievance” without the grievants consent. Especially when there is a LOA on the subject and this was obviously not a “clean up shift”. If I was not satisfied with what the Local President had to say, then the next step I would take is the Joint Council as stated by Chappey in an earlier post. The Grievants Bill of Rights (Article 7, Section 2.) pretty much say’s it all. My opinion is that the BA cannot drop the grievance without the grievants consent.

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Would filing with the Labor Relations Board be the last resort? I have had some tell me they were behind me all the way, but when it came down to gut check time they were indeed behind me all the way, all the way out of sight.
Could go to L.R.B. after all other avenues have been exhausted (grievance hearing, Arbitration hearing) But consider this, you're now putting yourself in a position where the Union and the company will both be pissed off at you, not a happy place to be, Respect you for being a stand-up guy, but no fun standing alone, What i used to do with some but not all issues/ fights, is go around with a piece of paper stating what i was going to fight and have member print and sign their name if they agreed and supported my effort.
 
Could go to L.R.B. after all other avenues have been exhausted (grievance hearing, Arbitration hearing) But consider this, you're now putting yourself in a position where the Union and the company will both be pissed off at you, not a happy place to be, Respect you for being a stand-up guy, but no fun standing alone, What i used to do with some but not all issues/ fights, is go around with a piece of paper stating what i was going to fight and have member print and sign their name if they agreed and supported my effort.
Wow chappey, I can relate to that. Many years ago I gathered over 100 signatures from a 110 man board about an issue we protested. When the time came at a showdown meeting with company and Union, not a peep from any of those 100. Talk is cheap. :idunno:
 
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