Discharged for Dishonesty

Discussion in 'UPS Union Issues' started by whyUPS, Jan 24, 2009.

  1. whyUPS

    whyUPS New Member

    Ok, I normally don't write on blogs since this is a personal matter. But I can't get answers from the people who have them. My husband has worked at UPS 10 years next month. That includes the 2 years he was activated with the National Guard.

    Well on Wednesday they put his on a different route. Ok cool not a big deal. Well I called my husband to see if he wanted to meet for lunch. He said no way because his truck was loaded like there was a bull in there and he couldn't find packages. So I went on with my day as he did with his.

    He had packages that were miss loaded. Now explain this how the heck do you miss load packages for Wal-mart that is on the other side of town. He saw the packages when he stopped at his first stop. He knew to call them in but with the way his truck looked at how far he was behind since they had a late start he simply forgot.

    On our way home from dinner his supervisor calls. He said to him that they would be talking to him in the morning about it. Hubby calls me Thursday to come get him. We car pool to save money. I said why do I need to come get you. He told me that they fired him for not calling in the miss loads. I flipped out because we have bills and kids.

    The manager told him not to worry; he should get his job back. But it can take a few weeks. Well a few weeks with the hubby not working isn't going to pay the bills and put food on the table. Let alone know we have no medical insurance. With kids that is not good.

    So he files a grievance and meets up with the union guy that night. He was fueling up his truck and I had my car window down as they talked. I heard him tell me husband not to worry because JP did the same thing. Then another guy did it and falsified papers about it. They both got there jobs back.

    I went to the PO Box to get the mail. There sits the paper for me to sign to get his YOUR FIRED letter. All it says is:
    Effective January 22, 2009, you are here by discharged for dishonesty per Article 52 of the current labor agreement.

    What the heck does that say? Shouldn’t they explain it a little more than there one sentence. My husband asked me why I signed for it. I told him that I wanted to so that way the Business manager sees that I signed it. The business manger knows not to mess with me.

    If they go ahead and say nope your fired, we are planning on taking them to court since there are 2 other people who did the same thing and kept there jobs.

    Does any one know what will happen next? I can’t stand sitting here waiting. I think a nice bottle of Southern Comfort will be my best friend soon. Any advice would be great. I don’t normally get involved with my husband work. But this is a big deal since he brings in all the money. I work part time from home and on the road. So I know we can’t go to long without his pay check. I also heard something about asking for pay for that time off.
  2. Puck

    Puck Man,Myth...Legend....

    how is that dishonesty??? should it be failure to follow procedure? or instructions even?? or did he not sheet them and just leave them on the truck???

    guys in my center do it all the time and get warning letters for it...

    also.. isnt there some language in the contract that says that he is to remain on the job until an arbitration hearing??

    I remained on the job for months until my arbitration a while back and never missed a single day....
  3. whyUPS

    whyUPS New Member

    Were in the book would I find that. That darn book is worse than the crap we had in the Army. How long does it take to get an arbitration hearing. I hope its not months, because if it is we will be homeless by then.:biting:
  4. drewed

    drewed Shankman

    Youll have to show us the specific language in the local supplement/rider the NMA doesnt have 52 articles?
  5. drewed

    drewed Shankman

    It could the arbitration meeting normally is a couple months down the road.
  6. whyUPS

    whyUPS New Member

    A couple of months........:anxious: What do they want us to do until them. OMG!!!!!!!!!!!!!! I could die right about now.
  7. Braveheart

    Braveheart New Member

    File a grievance ASAP only 10 days to do so. Call the union to put pressure on them. Get all your fellow drivers and part timers to call the union and say what are doing to get so and so's job back. We pay a lot of dues so get to work!

    Then after he gets job back he needs to work safe, drive safe, and follow procedure. Stop running all day and making mistakes. Stop doing the company favors because as you can see they do us zero. Never skip another minute of lunch or sort off the clock. Let managers do their job and stop helping them get their bonuses.

    The next time they ask for a favor, say you mean when you fired me, no thanks try some one else.
  8. drewed

    drewed Shankman

    why isnt your husband on here with his concers?
  9. redshift1

    redshift1 New Member

    Was there previous discipline for non delivered packages, that would include
    documentation warning letters or suspension. If nothing and I do mean nothing then this is probably a message being sent because of a general problem in the center or building. I always felt this was a harsh example of sending a message especially to the driver and his family and never would employ those tactics.

    That being said the discharge will probably be reduced to a suspension. Follow up with your BA to ensure a grievance was filed and don't burn your bridges by inappropriate behavior or miss any meetings requested by management. I hope this works out in your favor best of luck.
  10. whyUPS

    whyUPS New Member

    He has never been in trouble there. He has a clean record. If they do suspend him, would this time he has been off count as time towards that. I am friends with the union rep, so I guess thats a good thing. No one at UPS knows that so that. When I called and told him, he said he would get this pushed thru as fast as possible.

    drewed....The reason I am asking these things is because if we lose health insurance I will go to jail. My daughter lives with her dad in California, and if I lose health insurance it is breaking a court order. Her dad would love to have anything to use against me to put my little butt in jail. That is one reason I live 3000 miles away from him.
  11. whyUPS

    whyUPS New Member

    Ok, good thing I can type without looking at the keys. Here is Article 52 A and C that go with what they said he did.

    (A) The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one (1) warning notice of a complaint against such employee to the employee, in writing, and a copy of the same to the Local Union, except that no warning notice need be giving to an employee before discharge if the cause of such discharge is dishonesty, drinking of or under the influence of alcoholic beverage or narcotics, including hallucinogens while on duty, carrying or permitting the carrying of drugs or narcotics on his/her person, or equipment, that is prohibited by State or Federal Law (including meal period), recklessness resulting in a serious accident while on duty, an avoidable runaway accident, failure to report an accident, carrying of unauthorized passengers while on the job, or engaging in unprovoked physical violence on Company property or while on duty.

    The warning notice as herein provided shall be given to the employee with a copy to the Union within ten (10) working days of said complain or within ten (10) working days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning notice.

    (C) Discharge or suspension must be by proper written notice to the employee and Union affected. Any employee may request an investigation as to said discharge or suspension. Should such investigation prove that an injustice has been done an employee, the employee shall be reinstated. The S.R.A.P.G.C. and the impartial arbitrator shall have the authority to order full, partial, or no compensation for time lost. The employee and the Union will be provided with a copy of the discharge or suspension letter within ten (10) working days from the day of Management’s knowledge of the infraction. Appeals from discharge, suspension, or warning notice must be taken within ten (10) working days by written notice. If the employee fails to grieve the discipline as stated above within ten (10) working days from the day they were issued/received the written discipline notice, the Employer will have ten (10) working days to administer the discipline. If the Employer then fails to administer the discipline with ten (10) working days, the discipline
    will be null and void.
  12. drewed

    drewed Shankman

    How is she covered by your husbands insurance? shes not a dependent and her dad would have to give up rights for him to adopt her...
  13. redshift1

    redshift1 New Member

    If reduced to a suspension the clock starts on his first day off I'm not sure as to the insurance question. Most of the similar situations I was involved in were resolved within a few days. My knowledge is based on UPS in CA so your region may follow somewhat different protocols.
  14. whyUPS

    whyUPS New Member

    She is still our dependent since she is with us part of the year. Blue cross said as long as the court order stated that I have to cover her that my husbands insurance would. I use my husbands insurance for myself and I also use my VA for my injuries from serving in the Army. I work part time and dont have insurance since I am self employed.
  15. DS

    DS Fenderbender

    Being a full time driver he should know as we all do that the cover your ass policy is the most important aspect of the job.All he had to do was pick up the phone and call.
    If he is a troublemaker he may be gone forever,but if he merely made a mistake,he will probobly just get a 5 day suspension tops.
    Most of us have been "fired" at least once.
    They like to make you sweat.
    Give it a week .
  16. whyUPS

    whyUPS New Member

    He's not a trouble maker. This is the first time anything has happened. UPS has been a great job, and hes been there almost 10 years. 2 of those years he was actived with the national guard. Its not fun when this happens and you have bills plus buying a house. Thank goodness we dont close on the house until April since it is a new house. I guess we will see what run around they give him when he calls his boss monday morning. He will be calling the union again Monday.
  17. DS

    DS Fenderbender

    until then relax,he's probobly going to get a call from ups to come in for a meeting,reinstated and thats that.
  18. whyUPS

    whyUPS New Member

    Everyone is telling me to relax. But I cant. I am more relaxed when someone is shotting at me or bombs are going off while I am in a convoy. I guess a big glass of wine or something like that.:happy-very:
  19. DS

    DS Fenderbender

    have a long island ice tea or 3
  20. redshift1

    redshift1 New Member

    Decisions to terminate are usually made by the division manager with input from the district manager. Center managers normally do not terminate without approval from their superiors. Often the center manager fights to have a good employee reinstated.