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 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 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 griev- ance must follow the normal grievance procedure in order to re- solve that issue before it can be docketed with the National 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 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 reason- able accommodation if the employee is qualified and meets the 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 com- pany seniority, and will receive the part-time contractual entitle- ments as per the 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 is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should 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 seniority allows, providing he can perform the es- sential functions of that job; and have the ability to accept the part- time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be enti- tled 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 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 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 griev- ance must follow the normal grievance procedure in order to re- solve that issue before it can be docketed with the National 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 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 reason- able accommodation if the employee is qualified and meets the 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 com- pany seniority, and will receive the part-time contractual entitle- ments as per the 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 is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should 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 seniority allows, providing he can perform the es- sential functions of that job; and have the ability to accept the part- time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be enti- tled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.applicable

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 accommoda- tion 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 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 griev- ance grievance must follow the normal grievance procedure in order to re- solve resolve that issue before it can be docketed with the National 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 Sec- tion 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 reason- able reasonable accommodation if the employee is qualified and meets the es- sential 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 com- pany company seniority, and will receive the part-time contractual entitle- ments entitlements as per the appropriate Supplement, Rider, or Addendum us- ing using his Company seniority date. This placement will not prohibit the employee from bidding on future full-time jobs for which he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should 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 seniority allows, providing he can perform the es- sential essential functions of that job; and have the ability to accept the part- part-time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be enti- tled 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 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 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 griev- ance must follow the normal grievance procedure in order to re- solve that issue before it can be docketed with the National 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 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 reason- able reasonable accommodation if the employee is qualified and meets the es- sential 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 com- pany seniority, and will receive the part-time contractual entitle- ments as per the 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 is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should 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 seniority allows, providing he can perform the es- sential functions of that job; and have the ability to accept the part- time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be enti- tled 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 accommoda- tion 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 Safety and Health Grievance 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 griev- ance grievance must follow the normal grievance procedure in order to re- solve resolve that issue before it can be docketed with the National Safety and Health 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, 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 Sec- tion 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 reason- able reasonable accommodation if the employee is qualified and meets the es- sential 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 com- pany his/her company seniority, and will receive the part-time contractual entitle- ments entitlements as per the appropriate Supplement, Rider, or Addendum us- ing his 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 he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he he/she shall have the ability to return to his his/her job should he 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 his/her seniority allows, providing he he/she can perform the es- sential essential functions of that job; , and have the ability to accept the part- part-time accommodation referenced above. After three (3) years, his his/her seniority shall be considered broken. Said employee shall be enti- tled 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 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 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 griev- ance must follow the normal grievance procedure in order to re- solve resolve that issue before it can be docketed with the National 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 Sec- tion 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 reason- able reasonable accommodation if the employee is qualified and meets the es- sential 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 com- pany company seniority, and will receive the part-time contractual entitle- ments entitlements as per the appropriate Supplement, Rider, or Addendum us- ing using his Company seniority date. This placement will not prohibit the employee from bidding bid- ding on future full-time jobs for which he is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should 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 seniority allows, providing he can perform the es- sential essential functions of that job; and have the ability to accept the part- part-time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be enti- tled 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 accommoda- tion 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 Safety and Health Grievance 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 griev- ance must follow the normal grievance procedure in order to re- solve resolve that issue before it can be docketed with the National Safety and Health 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, 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 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 reason- able accommodation if the employee is qualified and meets the es- sential 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 com- pany his/her company seniority, and will receive the part-time contractual entitle- ments contrac- tual entitlements as per the appropriate Supplement, Rider, or Addendum us- ing his National Master UPS Freight 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 he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodationac- commodation, he he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he he/she shall have the ability to return to his his/her job should he he/she become able to perform the essential es- sential functions of the job with or without a reasonable accommodation; accommo- dation, have the ability to bid on openings as his his/her seniority allowsal- lows, providing he he/she can perform the es- sential essential functions of that job; , and have the ability to accept the part- part-time accommodation referenced above. After three (3) years, his his/her seniority shall be considered broken. Said employee shall be enti- tled 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 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 accommoda- tion 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 Safety and Health Grievance Master UPSTForce Freight Committee. If the Company claims that the individual does not fall within the protections of the Americans with Disabilities Act, then the griev- ance grievance must follow the normal grievance procedure in order to re- solve resolve that issue before it can be docketed with the National Safety and Health Master 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, 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 Sec- tion 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 reason- able reasonable accommodation if the employee is qualified and meets the es- sential 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 com- pany his/her company seniority, and will receive the part-time contractual entitle- ments entitlements as per the appropriate Supplement, Rider, or Addendum us- ing his National Master 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 he/she is qualified and meets the essential functions of the job. Should the employee not accept the part-time reasonable accommodation, he he/she shall be allowed to be inactive for three (3) years. During those three (3) years, he shall have the ability to return to his job should 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 seniority allows, providing he can perform the es- sential functions of that job; and have the ability to accept the part- time accommodation referenced above. After three (3) years, his seniority shall be considered broken. Said employee shall be enti- tled to receive long term disability and workers’ compensation in accordance with the terms of the applicable plan.three