Lost Grievance trying to take Primary from injured RCA

[Good Ole Greg]

Hello Fellow subs,

A few months back, I posed a question in the Question Forum regarding bumping an injured RCA from their primary. I presented this MOU to my steward as evidence:

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My understanding of this MOU is that if an RCA is out injured for over 6 months, the primary assignment is up for grabs. I put in my request to switch my primary to this route after the regular was denied annual leave, being told she didn't have a relief. I wasn't allowed to become her relief and waited until 6 months went by to file my grievance to be allowed to be the primary, just to be safe with my understanding of the language. A couple weeks after filing my grievance, the injured sub must have become afraid they were going to lose the only route they like and decided to come back to work.

My union rep says the issue is resolved since the injured RCA has returned. I contended that the injured sub returned after the 6 months went by and that the route should've been mine already, and that the language says the injured sub has to pick from routes that don't have a primary. My rep just kept repeating that the issue was resolved and that there is nothing I can do, it's over. Do I have any recourse or is it that simple that and the rules don't matter?

 

[Twingrlie]

Hello Fellow subs,

A few months back, I posed a question in the Question Forum regarding bumping an injured RCA from their primary. I presented this MOU to my steward as evidence:

Ruralinfo.net Knowledgebase

Rural carriers, find what you need fast!

knowledgebase.ruralinfo.net

My understanding of this MOU is that if an RCA is out injured for over 6 months, the primary assignment is up for grabs. I put in my request to switch my primary to this route after the regular was denied annual leave, being told she didn't have a relief. I wasn't allowed to become her relief and waited until 6 months went by to file my grievance to be allowed to be the primary, just to be safe with my understanding of the language. A couple weeks after filing my grievance, the injured sub must have become afraid they were going to lose the only route they like and decided to come back to work.

My union rep says the issue is resolved since the injured RCA has returned. I contended that the injured sub returned after the 6 months went by and that the route should've been mine already, and that the language says the injured sub has to pick from routes that don't have a primary. My rep just kept repeating that the issue was resolved and that there is nothing I can do, it's over. Do I have any recourse or is it that simple that and the rules don't matter?

How long was the RCA out for in total? From day one to now. Was it six months? Was this a job related injury or not? If it wasn't job related, the RCA should have been removed from the rolls after being unable to come back to work because FMLA would have run out (if they were eligible) and you can grieve that management failed to post the route to RCAs when it became vacant. If this was worked related and the RCA came back more than six months later, you still have a grievance because management failed to offer the route up to RCAs within the time frame.

 

[Good Ole Greg]

How long was the RCA out for in total? From day one to now. Was it six months? Was this a job related injury or not? If it wasn't job related, the RCA should have been removed from the rolls after being unable to come back to work because FMLA would have run out (if they were eligible) and you can grieve that management failed to post the route to RCAs when it became vacant. If this was worked related and the RCA came back more than six months later, you still have a grievance because management failed to offer the route up to RCAs within the time frame.

The RCA was out 6 months and 2 weeks. There was no injury but a condition, basically carpal tunnel from what I was told without being given access to medical documents. The RCA was working on limited duty, casing dps for 3 to 6 hours a day with injured fingers.

 

[Rt2mailman]

If he worked, (any hours) he was not OFF six months, your steward was right in my mind.
Any time any carrier has a difference in opinion with their steward they may FILE a grievance any way. The steward then has to represent you, or withdraw the grievance. Withdrawing a grievance MUST be ALLOWED by an upper union official. Upper officials are reluctant to withdraw a grievance, unless there just is no possible merit to it, and is a gripe, not a grievance.
If your grievance is withdrawn and you feel you had a good grievance, you may ask the labor board to represent you against the union for the union's failure to represent a paying union member. I'm not sure they would if you're not a paying member.

 

[Morty]

I would've pre grieved and asked the grievance be held till the 6 months. Or as steward created my own local mou. If jim bob isnt back by (date) then greg gets route 05.

 

[stillfirstclass]

Hello Fellow subs,

A few months back, I posed a question in the Question Forum regarding bumping an injured RCA from their primary. I presented this MOU to my steward as evidence:

Ruralinfo.net Knowledgebase

Rural carriers, find what you need fast!

knowledgebase.ruralinfo.net

My understanding of this MOU is that if an RCA is out injured for over 6 months, the primary assignment is up for grabs. I put in my request to switch my primary to this route after the regular was denied annual leave, being told she didn't have a relief. I wasn't allowed to become her relief and waited until 6 months went by to file my grievance to be allowed to be the primary, just to be safe with my understanding of the language. A couple weeks after filing my grievance, the injured sub must have become afraid they were going to lose the only route they like and decided to come back to work.

My union rep says the issue is resolved since the injured RCA has returned. I contended that the injured sub returned after the 6 months went by and that the route should've been mine already, and that the language says the injured sub has to pick from routes that don't have a primary. My rep just kept repeating that the issue was resolved and that there is nothing I can do, it's over. Do I have any recourse or is it that simple that and the rules don't matter?

stealing your thunder.. why was the regular denied? you were already scheduled on another route?