Discussion in 'UPS Discussions' started by kingOFchester, Mar 22, 2011.

  1. kingOFchester

    kingOFchester Well-Known Member

    Driver gets arrested for A DUI.
    Driver does not tell center of the pending DUI conviction.
    Center learns that the driver got arrested for DUI.
    Center terminates driver for not reporting the arrest.

    Does this seem right?

    BTW, not me.
  2. dcdriver

    dcdriver nations capital

    Seems right to me.
  3. kingOFchester

    kingOFchester Well-Known Member

    Why? Isn't he innocent until proven guilty? Where is it written that a driver needs to tell UPS that they have been charged with a DUI?
  4. Anonymous 10

    Anonymous 10 Guest

  5. packageguy

    packageguy Well-Known Member

    Yes, they must report it,
  6. kingOFchester

    kingOFchester Well-Known Member

    Ok, but where can I read the language on this type of termination?
  7. 1980

    1980 Member

    i say NO. see master page 92 art 35 sect 2
  8. kingOFchester

    kingOFchester Well-Known Member

    I think article 16 section 3.3 paragraph 3, touches on this. Something along the lines of 5 days after citation to have an SAP evaluation. The language does not seem real cut and dry........on par with the rest of this contract.

    Edit to add (Found in my book, but since found on net to copy paste):

    Any driver cited for Driving Under the Influence who does not have
    his/her license suspended, or who has limited driving privileges,
    shall be assessed by a SAP within five (5) working days of the citation.
    If the SAP determines the driver does not require rehabilitation,
    then he/she shall be allowed to return to driving. Until the
    assessment is completed, the driver shall be allowed to work inside
    in accordance with the paragraph above. If rehabilitation is
    required, the above paragraph shall also be applicable. The one time
    right to rehabilitation provided in Article 35, Section 4.11 shall not
    be applicable to a driver who completes a rehabilitation program
    under this paragraph, unless, as a result of the DUI citation, the driver

    is convicted or loses his/her license for driving.
    Last edited: Mar 22, 2011
  9. brownmonster

    brownmonster Man of Great Wisdom

    We are told by the BA at every union meeting that you must report a DUI before the next time you punch in.
  10. scratch

    scratch Least Best Moderator Staff Member

    We are told that we must report all moving violations within 24 hours.
  11. TheKid

    TheKid Well-Known Member

    I do not have a contract with me but I think that you have to report it.
  12. kingOFchester

    kingOFchester Well-Known Member

    First I have heard of this....... No moving violations for me, but good to know.

    Would still like to see the language. Makes me wonder what else I may be required to do that may arise. Would hate to get terminated for doing (or not doing) something that I was unaware of.

    Feel bad for the driver. I am sure he had no idea he was required to report it. First thought would be I am innocent until proven guilty.

    Thanks for the responses.
  13. Jones

    Jones fILE A GRIEVE! Staff Member

    We had a driver who got a DUI and didn't report it on annual form. Company found out (of course) and promptly fired the driver. Driver got their job back because the form directs you to list convictions, and the driver had not yet been convicted when they filled out the form.
  14. Bubblehead

    Bubblehead My Senior Picture

    Per Art 35. Sec 2 of the National Master, unless otherwise provided for in a regional or local supplement, an employee is required to notify the employer before their next report to work when their drivers license has been suspended or revoked.
    This is where state DUI laws come into play.
    Some states you are indeed innocent until proven guilty, other states suspend your license immediately.
    My guess is that the later is the case as this is probably not the first person in this situation.
    UPS is not likely to put themselves in the position of liability for this guys daily guarantee if this driver wasn't under suspension for his alleged infraction.
    Your boy is likely at the company's mercy and probably done.
  15. brownman15

    brownman15 New Member

    in the contract
  16. mark von elling

    mark von elling New Member

    Article 16 does state DUI's must be reported the next business day.
  17. Old International

    Old International Now driving a Sterling

    As a feeder driver, I have to report all moving voliations before next clock in.
  18. toonertoo

    toonertoo Most Awesome Dog Staff Member

    If they took your license guilty or not you would have to report it.