• Teamsters vs. UPS Freight



    NUPSF-177-09 Article 44 – Subcontracting
  • Proposition: GPS tracking for Employee Surveillance - Elimination

    The UPS Freight - Collective Bargaining Agreement is fairly clear that the company may use GPS tracking:



    UPS FREIGHT AGREEMENT

    Covering OVER-THE-ROAD And LOCAL CARTAGE OPERATIONS

    For the period of ___, 2008 through July 31, 2013

    Article 23
    Time Sheets, Time Clocks, and Video Cameras

    Section 3. Computer Tracking Devices


    No employee shall be disciplined solely based upon information derived from a GPS or any other technology enhancements or devices unless the employee engages in conduct creating imminent danger to other employees or the general public or other conduct such as dishonesty or recklessness resulting in a serious accident.
    But, I question its true purpose, value and usefulness in an environment protecting against; discrimination, intimidation and hostility - within the workplace.

    United Parcel Service and the International Brotherhood of Teamsters are already responsible for setting the industry standards for allowing GPS tracking to enter the workplace.

    Each and every time that GPS tracking is discussed, questioning its acceptance, the strike of 1997 is recognized:

    “Only after waging a strike in 1997 did the Teamsters eventually reach a contract with United Parcel Service permitting GPS tracking of shipments--on the condition that GPS data would not be used in employee evaluations.”
    Ten years later, GPS tracking and the acceptable language between the two has evolved:

    NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT

    For the Period of August 1, 2002 through July 31, 2008


    (Language pertaining to the acceptance of GPS in the workplace, not included)
    NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT

    For the Period December 19, 2007 thru July 31, 2013

    ARTICLE 6

    Section 4. Technological Change

    8.
    No employee shall be discharged on a first offense if such discharge is based solely upon information received from GPS or any successor system unless he/she engages in dishonesty (defined for the purposes of this paragraph as any act or omission by an employee where he/she intends to defraud the Company). The degree of discipline dealing with off-area offenses shall not be changed because of the use of GPS.
    Federal and State laws and regulations, do little to protect Privacy concerns by employees.

    That’s not to say that there aren’t legal requirements by employers that do engage in such activities!

    I am of the opinion that GPS tracking and the many questionable natures surrounding such practices, by private sector employers, will now be brought to the forefront for challenge, with the positive results, resulting from the determination brought by the National Labor Relations Board – deciding upon; Social Media and employers engaging in questionable behaviors, where an Expectation of Privacy by employees exist.

    With that said, I have a proposal to the two parties responsible for initiating and engaging in acceptable measures, while continuing to concentrate on the true nature for why and for what purpose GPS tracking was introduced: “tracking of shipments--on the condition that GPS data would not be used in employee evaluations.”

    Employees are surrounded by many technical advances, within a society that thrives on electronic solutions for common daily activities.

    Many employees introduce these personally owned devises into the workplace, without seeking reimbursement from their employers or questioning why they are not provided.
    e.g. Cell Phones, GPS – Portable Car Navigation Systems and Laptop Computers.
    Perceived delays by employers, often times overlook the introduction of these devices by employees, since permissible documented delays for such use - is not within the framework of technology already in place - by employers.

    As a result Dishonesty (defined as; intention to defraud or better understood as; Theft of Time by those of us affected by this sort of condition of employment) becomes difficult to vindicate, since documentation of the uses of these devices is almost nonexistent.

    This brings me back to my proposal:

    Instead of engaging in continued negotiations for the acceptance of GPS tracking in Surveillance, and the already fragile effectiveness’s and usefulness’s of such activities against employees…

    Grasp the advantages’ that these devices would offer, if your employees weren’t being subjected to a behavior constantly affecting and possibly jeopardizing continued employment.

    Claims, and more specifically – Freight Claims, since my proposal is coming from myself; a UPS Freight employee, with a vested interest in the company for which I am gainfully employed…

    Who better to help eliminate fraudulent and often times inappropriate freight claim filings against our handling of freight shipments, within the UPS Freight transportation system?

    Us – the bargaining unit help, Your – UPS Freight employees!

    How?

    In exchange for the elimination of the constant hassles and accountability of reasonably explained GPS delays…

    Provide to us a service, allowing Imaging Transfer from our personally owned electronic devises, capturing frontline accounts of customer concerns with transported freight shipments!

    By making such a proposal, am I surrendering to the viability and undeniable effectiveness of GPS tracking for employee surveillance?

    I am not!

    What I am doing is pointing out that ongoing negotiations with regards to; employer / employee relationships with Teamster union involvement can coexist, and mutually agreed up resolutions can take place, rather then constantly gouging lines in the sand and conspiring upon each other for no purpose other then to sever employment, from a company that is not owned and operated by just one person, but by all of us, and the many interest groups and individuals that are our shareholders.
    Nicholas E. Mayo
    This article was originally published in blog: Proposition: GPS tracking for Employee Surveillance - Elimination started by NikDiesel
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