article 10

Discussion in 'UPS Union Issues' started by masse96, Jun 7, 2008.

  1. masse96

    masse96 New Member

    I am new to the cafe. I just had a recent situation. If I am in the wrong place please direct me in the right area. I had a deadlock hearing. Was found to pay UPS $4777.00. In our handbook, article 10 section 2 stated something that should have cleared me and held UPS accountable. I need to know if someone has experienced a similar situation and if there is some sort of course of action that I can take even once the verdict has been passed down. Thanks.
     
  2. IDoLessWorkThanMost

    IDoLessWorkThanMost New Member

    what happened? I'm sure you could be better served with some info.
     
  3. drewed

    drewed Shankman

    well from what i read in the contract, if you didnt ask for verification its on you. thats quite a bit of money to missing, but this is general labor law when regards to cash handling
     
  4. masse96

    masse96 New Member

    To try and sum it up for you. I thought I collected a money oreder but didn't. It was a fraud check. I played detective and found out where the guy lived, his mom and aunt too. I went to the address where they said they moved to. I also got a license plate number to run. I did all the leg work. Gave the person in charge of security the information. They procrastednated so long. I left messages and kept calling the guy to see what the scoop was. It took security guy 22 days before he got back to me. They finally filled out a police report 45 days later. I have a statement signed by a driver who asked the guy in security why he hasn't helped me out. His reply was, "I am to busy". I have documented everything since the start. I also have a signed statement by another driver who witnessed my manager saying to me after he looked at the copied checks that came back, "When I saw the checks I thought it was a money order too". In our handbook of the Supplemental Agreement, Article 10 Section 2, at the bottom of page 30 says, "The Employer shall make a reasonable effort to collect for losses due to bad checks. I did all the leg work they did nothing. Then this is the part that should of freed me, " The employee shall not be held liable for restitution or disciplined if he/she accepts an irregular check if a reasonable person would have accepted the check. I have proof that my manager said that it looked good to him too. This is why I need to see if there are any reprocutions that I can take, because I am getting shafted. :angry:
     
  5. drewed

    drewed Shankman

    Hmmm, I would say your local let you down. It was past the 15 day grace period for it and as you manager being a "reasonable person" you shouldnt be help accountable. That being said to me as a supervisor, seeing a driver going above and beyond with the leg work the first thought in my mind would be they knew they messed up, and thats probably the theory theyre following with here. It looks like youre only recourse would be to take the cosignee to small claims court, its just below the limit in most states, but Id also contact youre local DA and tell him the situation; check fraud is a big issue in most areas and most DAs would be happy to press charges .
     
  6. BrownShark

    BrownShark Banned

    Masse,

    first things first.

    You had a hearing at local panel i presume, and the case was deadlocked????

    If so, they cannot take a dime out of your check.

    Second, depite what the contract sez, check your local state laws and see if you are indemnified from loss as an employee of the company. If so, no matter what the contract sez, you cant be held liable.

    IF the case deadlocked at panel, the company would have to take the case to the next level up to and including an arbitration before they can deduct any monies from you.

    Also, if the company made or asked you to sign an agreement to repay, you can ask that this document or agreement be shredded or destroyed and removed from your personel file under article 6 of the national master agreement.

    Remember, no matter what source of contract your read, the employee cannot be denied superior language contained in the master, rider or addendums.

    Your job is to collect checks and money orders, not inspect them for legitimacy. If they have the correct amount on them, are signed by the purchaser and payable to the shipper, thats all your required to look for.

    Anything else is outside of your training and job description.

    The company will pay the shipper and the company will give the case over to its insurance company for loss re-imbursement.

    In some states, the national master agreement allows the employee to make a choice of repayment or discipline. Since this is not a cardinal sin, why not tell them to give you your written warning and shove the 4777 up thier keisters.

    Move on with life and be more careful accepting anything remotely suspicious, or better yet, call everyone of them in for guidance from a sup and put it on them.

    Learn how to play the game they want to play.

    Peace:peaceful:
     
  7. Fredless

    Fredless APWA Hater

    Get a lawyer at this point if the deadlock ruled in the company's favor.

    The business agent probably thinks you have a pretty weak case to take it to arbitration. If an arbitrator rules in the company's favor, and from what it sounds like here, the arbitrator probably will, you are really screwed. It is really difficult to overturn an arbitrator's ruling, and you may not really want to press that issue at this point until you have contacted an attorney.

    However, lets deal with facts - you screwed up. I know it was a mistake but for a C.O.D. that expensive, I would have TRIPLE checked.

    Good luck with the situation. Sadly, we don't always win and its not ALWAYS the local's fault. Yes there are some bad and good locals. But being a democratic organization like WE are, you're not going to have the best everywhere. A LOT of people bitch and complain about the local but when you ask them to do a better job, they always offer excuses. Keep in mind what you'd have at Fedex - you wouldn't even have the LUXURY of this procedure.
     
  8. masse96

    masse96 New Member

    I can't take the guy who committed fraud to small claims court because he is a professional. They don't know where he is and since he used a driver to do his dirty work, there is no evidence that he was involved because the signature is just a scribbled one like everyone else does. I lost in the deadlock hearing, so they are preparing a form for me to take out weekly. They want $75/week = $300/month. I gave them an itemized bill per month and told them with the gas situation and the crappy economy right now that I can only give $10/week because of my other financial responsibilities. I also pay almost $1000/month for chil support. My boss said the lowest he can shoot for is $50/week. My union rep signed it under protest and we said the max is $25/week, because 6 months or so down the road I don't want to be another foreclosure statistics. Since I would be paying and not neglecting the bill, I didn't know what percautions they can take for demanding a certain amount per month not caring what other financial responsibilites on might have. I really don'y want to get a lawyer because we all know I could pay more in the long run.
     
  9. Rantmuse

    Rantmuse Cog for the man

    We had a similar situation in our building a few years ago only it was a multiple COD occurance and wound up costing the driver around 10k, if not more. Be careful out there.
     
  10. drewed

    drewed Shankman

    you can take him to scc, all the judge needs is to believe that hes guilty of it.You said you knew where he lived and his plate number? thats when you contact the DA so they can hoof the work in this
     
  11. masse96

    masse96 New Member

    He no longer lives at his address and the plate number was registered in a girls name. Probably his girl friend. I will ask the Detective if there is any recourse in taking this guy to small claims court.
     
  12. 705red

    705red Browncafe Steward

    If im correct under the new national agreement ups is required to assist you in recovering this loss through legal action. Anyone have a copy of the new contract laying around? What part of the country are you in?
     
  13. drewed

    drewed Shankman

    Yea I looked at the entire acticle and the only thing they are required to do is hand over evidence if any.
     
  14. local804

    local804 Well-Known Member

    New master agreement link is on the top left of this page sir.
     
  15. masse96

    masse96 New Member

    Brownshark,
    I live in Florida. I m trying to check if we are indemnified from loss as an employee of the Company. Having no luck as to where to find it under the law. Any ideas. Thanks
     
  16. tieguy

    tieguy Banned

    under your argument if he recieved the above information written on toilet paper he would be ok? Bathroom lawyer strikes again.
     
  17. Bubblehead

    Bubblehead My Senior Picture

    Have you considered filing NLRB charges against the company and possibly your union reps. Sounds to me like both sides failed you in this matter.
     
  18. drewed

    drewed Shankman

    well techically anything that as long as is has been completetly filled out has to be accepted