Charged for hitting parked car. My vehicle was no where near the car.

Discussion in 'UPS Discussions' started by rushfan, Apr 12, 2011.

  1. rushfan

    rushfan Well-Known Member

    This one takes the cake....One of my co-workers car was hit in the employee parking area. He claims his front bumper was grazed by the front wheel of one of our tractors. On weekends, our package cars, and tractors are parked in the employee parking lot. Mind you, he did not report the incident until the next day. He inspected all the tractors to see if he could see any paint on them from his car. He claims to management a tractor grazed his bumper because there was a "scuff" on a tire with some paint on it-like when someone hits a curb and the tire rubs along the curb. He pitched his case to management. They went along with his story. Took his words and determined it was actually a tractor that hit it.

    Luck would have it I was the last one to use the tractor. The tractor was parked 50 feet away from the employee parking lot, in the tractor parking area-no where near the car that was "hit". Management did not take my word, as they did the "victim's" word. I signed the DVIR. Management quized me multiple times where the tractor was, and when I used it. I was called in and told that since I did not report the "scuff" on the tire, I would be charged with hitting a parked car. I told the manager that all the tractors have "scuffs" on their tires one way or another.

    I also told the "wonderful" manager I would not sign the DVIR anymore-as it would put me liable for any damage caused by the washers, shifters, and others who are not required to sign the DVIR. He said it's the law.

    I had 10 years safe driving, which I was proud of, and it is taken away (temporarly-as my grevience will regional, if not national). Now, this really confirms UPS only pushes safe driving if it is convienent for them, and will "throw under the bus" anyone. It's the new ******** UPS.

    My opinion about UPS managers have hit a new low. As usual many are not problem solvers, they are problem pushers-push the problem on others.

    p.s. one word of advice-use your phone's camera to take pictures of where the tractor was parked at the beginning of the day, and where you park it at the end of the day. You may have some jackass blaming you for a crash that happened in the next city from you!!!
    Lasted edited by : Apr 13, 2011
  2. Baba gounj

    Baba gounj pensioner

    I drove for over twenty years and never once got a safe driver award, UPS does not consider air drivers to be worthy of them.
  3. menotyou

    menotyou bella amicizia

    My car was hit by a tractor in the employee parking lot while I was working at the airport. The tire wasn't hit. My bumper had the telltale rub of a tire. Circular pattern made with rubber and metal, which scraped my bumper to the plastic. $300 paint job to fix. I can't find the picture right now, but I immediately grabbed my on-car and made him come out and look. I filed a police report. That is all I did. I was asked if I wanted to claim it on UPS and I declined. I couldn't tell which driver did it. I highly doubt it was intentional. I couldn't see jeopardizing someone's career for something that I couldn't be sure who did. If I was sure, I would have ask them to pay for it. It wasn't my fault, that I do know.
  4. over9five

    over9five Senior Member Staff Member

    Wow Rush, that sucks.

    Shouldn't they fire you for not reporting an accident? I mean if they're so sure it was you, it is a firable offense not to report. They didn't fire you because they know there is no way they can prove this. I don't see the logic in holding you responsible for this. Do they not like you?

    That is insane....
  5. Richard Harrow

    Richard Harrow Would you pay a dime to see this?

    Don't give them any ideas. If they are so bold as to charge him with an accident based upon such coincidental evidence (this is the same as a customer calling up and saying "one of your brown trucks hit me while I was parked"), they'd obviously fire this poor guy at the drop of a hat.

    Good luck with it, Rush. In the future, to spite them, perhaps you should spend an hour doing your pre-trip, writing down as much as you can possibly fit on the DVIR. When they get tired of paying you and the mechanics extra money to fix such silly things, maybe then they'll pull it from your file.
  6. dannyboy

    dannyboy From the promised LAND

    Rush, they have taken all the action they can on this. After the period for action has passed, they can not arbitrarily take new action.

    Safe driving at UPS is nothing more than a shell game. I have seen drivers that have been given 15 year safe driving awards, that have had several avoidable accidents in one year, but were covered over. Even one that had a roll a way.

    I have also seen others that have had safe driving taken away for a cracked mirror they reported before leaving the parking lot. No proof they did it, they just reported it as damaged.

    As far as the DVIR, you legally have to sign it every day. Its the law. But you could spend an hour and 6 pages documenting all the scuffs and scratches on the vehicle..........

  7. Sleeve_meet_Heart

    Sleeve_meet_Heart making the unreadable unreadabler

    Well I was charged with an avoidable for being hit while parked, not in the package car at the time and car was parked perfectly legal and curbed, in front of del point. The center manager said I should have driven around, parked on the other side of the place and walked 200 feet across the complex and avoided parking diagonal to the man who was backing out (who was not even backing out when I left the car)

    You will never get justice at UPS, just file the grievance, forget about it and hope it doesn't happen again.
  8. raceanoncr

    raceanoncr Well-Known Member

    You absolutely MUST file a grievance on this.

    Remember...there are two kinds of grievances requiring two burdons of proof:

    When there is a contract violation, the union must prove the grievant or procedures have been violated.

    When there is DISCIPLINE, the COMPANY must prove, note PROVE, there has been a violation.

    I viewed every grievance or "situation" as a court case. Show me your evidence, let a jury decide. If this jury is a local panel, let's appeal. Let's keep appealing til we exhaust all processes.
  9. soberups

    soberups Pees in the brown Koolaid

    1. You are not contractually entitled to any sort of safe driving award or recognition.

    2. The company can "charge" you with an "avoidable" accident even if there was no way you could have avoided it.

    3. The company can "charge" you with an "avoidable" accident even if no accident occured.

    4. Any disciplinary action the company tries to take against you for this "accident" will not be upheld at panel.

    5. You are required to sign the DVIR, per DOT law.

    The moral of this story? UPS does not have a rational or consistent definition of what constitutes an accident. UPS does not have a rational or consistent definintion of what constitutes "avoidability". Achieving safe driving milestones and recognition has little if anything to do with actual safe driving, and everything to do with blind luck and favoritism on the part of your management team. If you can look at yourself in the mirror and know that you are a safe driver, then whether or not your management team is intelligent enough to comprehend that fact should mean nothing.
  10. raceanoncr

    raceanoncr Well-Known Member

    Sober, I have to respectfully disagree with part of this.

    UPS does, indeed, have a rational and consistent definition of what constitues an accident. I have a copy of that very policy in my possession, as I've stated before. It is an official UPS accident investigation policy page.

    Now, with your statement on blind luck and favoritism...this is the key. Do all UPS management personel involved in this, so-called, decision HAVE this policy paper? I doubt it. There is one on here that requested the stocking number from me in a PM. I gave it to them, they looked it up. They received it. Hence, the blind luck and favoritism. They throw a deck of cards up in the air and if they all fall down to make a full house...BINGO! And, wouldn't you know it, YOU don't get to see how they land!

    These decision makers and, I feel anyway, union personel, should have a copy of this and follow it explicitly! BUT, as with anything that makes sense, it won't happen at UPS.
  11. soberups

    soberups Pees in the brown Koolaid

    The fact that there may be a written policy in a handbook someplace does not change the fact that, in the real world, UPS arbitrarily charges drivers with "avoidable" accidents that (a) never occured or (b) were completely unavoidable by any rational definition of the word.

    Its no longer about holding people accountable for safety. Its about meeting some arbitrary quota of warning letters and generating enough reports and paperwork to justify the jobs of the management people involved.
  12. raceanoncr

    raceanoncr Well-Known Member

    Well...yes...that's what I'm saying, " the real world", as you say and that's true. But how many other things can that expression apply to in the UPS world today also.

    I'm merely making the point that, on paper, UPS does have rational and PRINTED directions to follow in accident investigations. Yes, you're right in saying that it ain't happenin. I know this. Corporate on down to the lowly supe have bastardized this policy paper/book/decree so much that many, as I said before, don't even know it exists.

    I'll bet that if every accident investigation was followed as should be, there would be alot more "unavoidable". But, again, you and I know it ain't gonna happen for the reasons you cited and many more. AND, it's only gonna get worse.
  13. packageguy

    packageguy Well-Known Member

    You know every UPS parking lot has cameras, You should ask for the tape or sit with LOSS PREVENTION and watch it. They an not charge you with that accident without proof.
  14. rushfan

    rushfan Well-Known Member

    I was told the camera is on a "loop system", and it's impossible to get the footage. I did speak with our business agent along with the district labor relations manager. The labor relations manager said he could not believe the "crash" report-as there are so many holes in the story. He, the labor relations manager, said the crash should have been reported as a "non-reported" crash. Basically, not putting the blame on me. I did file the grievance, and I'm sure, more is to follow.
  15. cachsux

    cachsux Wah

    While you are required to sign the DVIR you also can make note of every scratch and mark and then go to the mgr for his initials BEFORE you sign. Invite them to come walk around the vehicle with you, rainy days are particularly fun times to do this.
  16. thessalonian13

    thessalonian13 Active Member

    I would do that for every stop. (walk 200 feet) then call them at 3pm to take 80 stops off you because of all the walking to are doing in order to park safely. LMFAO