casual had his car searched

Discussion in 'UPS Union Issues' started by City Driver, Jun 6, 2009.

  1. City Driver

    City Driver New Member

    we had a casual dock worker who stole a pack of cigarettes from a trailer....told a coworker and the coworker snitched (hes one of those suck up to management types......stand around and talks all day then badmouths the rest of us in the office....his uncle is the operations manager)

    anyways the terminal manager and operation manager took the casual to his car in the parking lot, told him the contract says they can search his car, and he let them....they took it to the shop and searched it, found the cigarettes and he was fired

    can they really do this? i havent looked at my contract yet...really just curious....i wont have to, im not stupid enough to steal something from the job that puts food on my table......but alot of those casuals just dont care, they are underpaid and get no hours


    it seems to me like it would be against the law
     
  2. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    technically, no they cannot search his car! I cant imagine that is in a contract, if it is, I learned something new!
     
  3. deathracer

    deathracer New Member

    even cops need a warrant or good cause to search someones car, i doubt that any management type can somehow write a piece of paper that can take away your rights and let them do something like that. whats a casual?
     
  4. over9five

    over9five Moderator Staff Member

    Basicly, he allowed them to search his car. He certainly didn't have to.
     
  5. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    He gave them permission to search his car so any issue of legality is moot.

    A casual driver is someone who works on an as needed basis and does not have seniority.
     
  6. Funfact

    Funfact Well-Known Member

    was the car parked on ups property if it was I think they can search it. But anyways they guy was and idiot if your gone to steal something you Don't tell anybody you did.
     
  7. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    So youi're telling me that if a UPS truck parks anywhere on my part of my private driveway, I can search it?
     
  8. City Driver

    City Driver New Member

    well he didnt give them permission until they told him its in the contract that they can...

    now any one of us im sure would of said ok, show me where it says that, and get me a steward...but alot of these casuals dont know anything about the contract and some of them honestly couldnt tell you what union they are a part of....

    and just cuz it was parked on UPS property i raelly dont think that means they can search it.....honestly i dont think they can ever search your car

    either way he is an idiot
     
  9. PassYouBy

    PassYouBy Unknown Acrobat

    Why in the H$LL would you steal a pack of smokes anyways?!!

    THOU SHALT NOT STEAL :peaceful:
     
  10. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    The devil made him do it!
     
  11. bigbrownhen

    bigbrownhen New Member

    I dont feel too sorry for the doofus, if he's a theif good riddence. Doubt it was the first time he pulled that. Same type that steals gas.
    It was an underhanded tactic by management to search his car, most likely they couldn't search, but took the chance that doofus didn't know that. It's not the first time we have seen management pull something like that to get the end result they wanted, nor the last.
    As for the snitch, you sound as if he did a bad thing. He may be a brown nosing little weasel future manager, but who wants a theif around? Next target could have been your locker, backpack, or car. You never know.
     
  12. The Other Side

    The Other Side Well-Known Troll Troll

    Why do you all jump to so many legal conclusions??

    The company CAN NEVER search a vehicle or your person. They must hand that jurisdiction over the the local law enforcement agency.

    In addition, they must PROVE first, that the person(s) has a piece of UPS property, in fact, they must have an EYE witness proof from the location of the theft all the way to the car before the POLICE can search anything.

    There has to be a legal premise to authorize a search. Even if the cigarettes were found in his car, there would be no BASIS for charging him with anything.

    Do you think for a moment that the manufacturer made more than ONE pack of cigarettes in order to make some profit??

    Who's to say he didnt buy them someplace else and its nothing more than a coincedence?

    You all want to play junkyard lawyers but none of you have the experience to make those kinds of decisions.

    An employee can never be "coerced" into any kind of searches by the company. Whether or not the car is on company property, it makes no difference under the law.

    I would sue UPS for violation of privacy and an illegal search. There is nothing in our contract that allows the company to search any part of an employee or property.

    Get your facts straight people.

    Your Judge Judy impressions are getting old.

    Out.:wink2:
     
  13. City Driver

    City Driver New Member

    i just really dont like the guy

    this is what he does....comes to work about 3 days a week....talks about how hes the greatest freight runner of all time (not making this up) and how he can do whatever he wants because hes so good at his job

    he breaks freight fast yes, but he misloads alot, drives a forklift like an absolute idiot wanting to kill somebody, doesnt recoup any damaged freight.....he does this for about 3 of his 6 hours

    the other 3 hours he is outside smoking, standing in a trailer on his cell phone, in the office bitching about how people arent doing there jobs right, or just standing around talking to other dockworkers....he gets away with all this because his uncle is the operations manager

    hes only been there a year and none of the full timers like him......nobody likes him honestly....and by the way ive seen him eat and drink freight that was spilled in his trailer..he says his work ethic is the reason he can do whatever he wants...if his work ethic was good he would be working 6 hours out of 6 hours, and not working like an idiot

    i dont miss the dock at all because of people like him....by the way i know my names city driver but ive been bumped to the dock for a long time...i still get sent out to deliver every day but work the dock or the yard for about 5 hours a day now


    my rant is now over....continue on with your day
     
  14. bigbrownhen

    bigbrownhen New Member

    Doesn't sound like I would like him either, can't stand lazy schmucks. I can't say I wouldn't have "snitched" on a theif as well. I have a very loud concience.
     
  15. City Driver

    City Driver New Member

    its not really the snitching that bothers me its the fact that he does the same thing and then snitches on another guy and gets him fired for it

    this guy is honestly the biggest management ass kisser i have ever seen in my life

    and also the biggest crybaby on the planet
     
  16. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    I hear there is a guy from Upstate NY that may be able to challenge that title.:wink2:
     
  17. Jones

    Jones fILE A GRIEVE! Staff Member

    And I hear he hates smilies too :happy-very:.
     
  18. over9five

    over9five Moderator Staff Member

    I don't see where ALL made wrong conclusions. Why do you think your "Judge Judy" impressions more right than anyone elses?

    Give it a break.
     
  19. dannyboy

    dannyboy From the promised LAND

    Other

    They did not have an eye witness, they had a statement from the thief that is even better. Most likely even told the buy where he hid them in his car.

    So while they did not have that right, I would suspect the conversation went something like this:

    We know you have the cigs out here in your car. We have the right to search your car, and if you refuse, we will call the police. When they get here, they will search your car based on the verbal confession you made to another employee. When they find the cigs in your car, we will press charges and you will be arrested for stealing an interstate shipment. That can be a felony. IF you let us search your car however, and we find the pack, we will ask you to sign a release saying you quit. We will not press charges, but you will lose your job.

    Now, facing that, what would you do. Most people when confronted with the fact that the company has the goods, opt to resign instead of being arrested and charged. So I would guess that we only know part of the story.

    d

    ps, the above quoted section has been used several times here at UPS with the same results. The part timers quit.
     
  20. City Driver

    City Driver New Member

    yea but honestly the casual could of just left...they cant physically form him to stay...he was at the end of his shift from what i heard....he could of left and thrown the cigs out the window or somethin