DUI??

[kingOFchester]

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.

 

[dcdriver]

Seems right to me.

 

[kingOFchester]

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?

 

[Anonymous 10]

Yes

 

[packageguy]

Yes, they must report it,

 

[kingOFchester]

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

 

[1980]

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

 

[kingOFchester]

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.

 

[brownmonster]

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

 

[scratch]

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

 

[TheKid]

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

 

[kingOFchester]

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

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.

 

[Jones]

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.

 

[Bubblehead]

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.

 

[brownman15]

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?

in the contract

 

[mark von elling]

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

 

[Old International]

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

 

[toonertoo]

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