Common use of Permanently Disabled Employees Clause in Contracts

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Master UPS Freight Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis. If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed in to the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his/her company seniority, and will receive the part-time contractual entitlements as per the National Master UPS Freight Agreement using his/her Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he/she shall have the ability to return to his/her job should he/she become able to perform the essential functions of the job with or without a reasonable accommodation, have the ability to bid on openings as his/her seniority allows, providing he/she can perform the essential functions of that job, and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation accommoda- tion not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Safety and Health Grievance Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance griev- ance must follow the normal grievance procedure in order to resolve re- solve that issue before it can be docketed with the National Master UPS Freight Safety and Health Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section Sec- tion are to be determined on a case-by-case basis. If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodationaccommo- dation, the employee will be placed in to into the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his/her company seniority, and will receive the part-time contractual entitlements as per the National Master UPS Freight Agreement using his/her Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he/she shall have the ability to return to his/her job should he/she become able to perform the essential functions of the job with or without a reasonable accommodation, have the ability to bid on openings as his/her seniority allows, providing he/she can perform the essential functions of that job, and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.time

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Safety and Health Grievance Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Master UPS Freight Safety and Health Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis. If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed in to into the applicable part-time health & welfare and pension programs, will be paid the appropriate part-part- time rate for the job performed based on his/her his company seniority, and will receive the part-time contractual entitlements as per the National Master UPS Freight Agreement appropriate Supplement, Rider, or Addendum using his/her his Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she he shall be allowed to be inactive for three (3) years. During those three (3) years, he/she he shall have the ability to return to his/her his job should he/she he become able to perform the essential functions of the job with or without a reasonable accommodation, ; have the ability to bid on openings as his/her his seniority allows, providing he/she he can perform the essential functions of that job, ; and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her his seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan. Section 3.1 Pursuant to Article 22.3 and Article 37 and notwithstanding language in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time positions that may be filled by employees who can no longer perform their assigned job. When full-time openings occur, these employees will be given the opportunity to fill the opening prior to the Employer hiring from the outside. The employee must be physically fit and qualified to perform the new job. The employee placed in the opening will be paid the rate for the job based upon the employee's seniority.

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation accommoda- tion not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Safety and Health Grievance Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance griev- ance must follow the normal grievance procedure in order to resolve re- solve that issue before it can be docketed with the National Master UPS Freight Safety and Health Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section Sec- tion are to be determined on a case-by-case basis. If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable reason- able accommodation if the employee is qualified and meets the essential es- sential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed in to the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his/her company his com- pany seniority, and will receive the part-time contractual entitlements entitle- ments as per the National Master UPS Freight Agreement using his/her appropriate Supplement, Rider, or Addendum us- ing his Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she he shall be allowed to be inactive for three (3) years. During those three (3) years, he/she he shall have the ability to return to his/her his job should he/she he become able to perform the essential functions of the job with or without a reasonable accommodation, ; have the ability to bid on openings as his/her his seniority allows, providing he/she he can perform the essential es- sential functions of that job, ; and have the ability to accept the part-part- time accommodation referenced above. After three (3) years, his/her his seniority shall be considered broken. Said employee shall be entitled enti- tled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan. Section 3.1 Pursuant to Article 22.3 and Article 37 and notwithstanding lan- guage in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time positions that may be filled by employees who can no longer perform their assigned job. When full-time openings occur, these employees will be given the opportunity to fill the opening prior to the Employer hiring from the outside. The employee must be physically fit and qualified to perform the new job. The employee placed in the opening will be paid the rate for the job based upon the employee’s seniority.

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities ActAct (ADA). The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS UPSTForce Freight Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Master UPS UPSTForce Freight Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section are to be determined on a case-by-by- case basis. If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed in to into the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his/her company seniority, and will receive the part-time contractual entitlements as per the National Master UPS UPSTForce Freight Agreement using his/her Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he/she shall have the ability to return to his/her job should he/she become able to perform the essential functions of the job with or without a reasonable accommodation, have the ability to bid on openings as his/her seniority allows, providing he/she can perform the essential functions of that job, and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.three

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate appro- priate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Safety and Health Grievance Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance griev- ance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Master UPS Freight Safety and Health Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis. If a . Section 3.1 Pursuant to Article 22.3 and Article 37 and notwithstanding lan- guage in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time employee cannot positions that may be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed in to the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his/her company seniority, and will receive the part-time contractual entitlements as per the National Master UPS Freight Agreement using his/her Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he/she shall have the ability to return to his/her job should he/she become able to filled by employees who can no longer perform the essential functions of the job with or without a reasonable accommodation, have the ability to bid on openings as his/her seniority allows, providing he/she can perform the essential functions of that job, and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.their assigned

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation accommoda- tion not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Safety and Health Grievance Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance griev- ance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Master UPS Freight Safety and Health Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union, notwithstanding any contrary provision in any Supplement, Rider or Addendum. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis. If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-time accommodation, the employee will be placed in to into the applicable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his/her his company seniority, and will receive the part-time contractual entitlements as per the National Master UPS Freight Agreement appropriate Supplement, Rider, or Addendum using his/her his Company seniority date. This placement will not prohibit the employee from bidding bid- ding on future full-time jobs for which he/she he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she he shall be allowed to be inactive for three (3) years. During those three (3) years, he/she he shall have the ability to return to his/her his job should he/she he become able to perform the essential functions of the job with or without a reasonable accommodation, ; have the ability to bid on openings as his/her his seniority allows, providing he/she he can perform the essential functions of that job, ; and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her his seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan. Section 3.1 No. Wks 6 Q1 6 Q2 4 Q3 3 Q4 1 5 5 3 2 1 4 4 3 2 1 3 3 2 1 1 2 2 1 1 1

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Safety and Health Grievance Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Master UPS Freight Safety and Health Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section are to be determined on a case-by-case basis. If a . Section 3.1 Pursuant to Article 22.3 and Article 37 and not withstanding language in the Supplements, Riders or Addenda, the Employer and the Union agree to meet and discuss certain full-time employee cannot positions that may be reasonably accommodated in a filled by employees who can no longer perform their assigned job. When full-time jobopenings occur, these employees will be given the Company may offer a part-time job as a reasonable accommodation if opportunity to fill the opening prior to the Employer hiring from the outside. The employee is must be physically fit and qualified and meets to perform the essential functions of the new job. If the The employee accepts the part-time accommodation, the employee will be placed in to the applicable part-time health & welfare and pension programs, opening will be paid the appropriate part-time rate for the job performed based on his/her company upon the employee’s seniority, and will receive the part-time contractual entitlements as per the National Master UPS Freight Agreement using his/her Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he/she shall have the ability to return to his/her job should he/she become able to perform the essential functions of the job with or without a reasonable accommodation, have the ability to bid on openings as his/her seniority allows, providing he/she can perform the essential functions of that job, and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.

Permanently Disabled Employees. The Parties agree to abide by the provisions of the Americans with Disabilities Act. The Company shall be required to negotiate with the Local Union prior to providing a reasonable accommodation to a qualified bargaining unit employee. The Company shall make a good faith effort to comply in a timely manner with requests for a reasonable accommodation because of a permanent disability. Any grievance concerning the accommodation not resolved at the center level hearing will be referred to the appropriate appro- priate Union and Company co-chairs for the Local Area or to the Region Grievance Committee, if applicable. If not resolved at that level within ten (10) days, the grievance shall be submitted directly to the National Master UPS Freight Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the grievance griev- ance must follow the normal grievance procedure in order to resolve that issue before it can be docketed with the National Master UPS Freight Committee. Any claim in dispute concerning rights under this Section shall be addressed under the grievance and arbitration procedures of this Agreement. A grievance may be filed by an employee or the Union. The submission of a claim under this Section to the grievance and arbitration procedures of the Agreement shall not prohibit or impede an employee or the Union from pursuing their statutory rights under the Americans with Disabilities Act (ADA) or comparable state or local laws. The parties agree that appropriate accommodations under this Section Sec- tion are to be determined on a case-by-case basis. If a full-time employee cannot be reasonably accommodated in a full-time job, the Company may offer a part-time job as a reasonable reason- able accommodation if the employee is qualified and meets the essential functions of the job. If the employee accepts the part-part- time accommodation, the employee will be placed in to the applicable appli- cable part-time health & welfare and pension programs, will be paid the appropriate part-time rate for the job performed based on his/her company seniority, and will receive the part-time contractual contrac- tual entitlements as per the National Master UPS Freight Agreement Agree- ment using his/her Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodationac- commodation, he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he/she shall have the ability to return to his/her job should he/she become able to perform the essential es- sential functions of the job with or without a reasonable accommodationaccommo- dation, have the ability to bid on openings as his/her seniority allowsal- lows, providing he/she can perform the essential functions of that job, and have the ability to accept the part-time accommodation referenced above. After three (3) years, his/her seniority shall be considered broken. Said employee shall be entitled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.