Fired, Brought back under last and final but signed under protest then fired again

Discussion in 'UPS Union Issues' started by mamirk69, Sep 14, 2012.

  1. mamirk69

    mamirk69 New Member

    Has anyone heard of this nonsense? To make a long story short, an individual was fired. The company made an offer to bring the individual back under a last and final. The employee did not feel comfortable signing a last and final because this was their first offense for an alleged work place violence. The individual received advice from a reputable source that stated that the employee could sign the last and final under protest, write the protest on the last and final, and file a grievance. Initially the business agent did not have a clue about filing a protest and actually told the member they could not do it only to look like a fool later. The company initially rejected the individual from signing a protest only to back track and allow the employee to sign the last and final under protest. Mind you there were two individuals involved in the last and final, while the individual that actually committed the work place violence signed the last and final on Monday, the victim signed the last and final under protest on Tuesday.

    The company agreed to his protest and worked until the end of the week when the individual received a phone call from the business agent stating the individual was fired again. The individual wanted to know why and the business agent later stated because the individual signed on the wrong line of the last and final. Initially the business agent stated the company did not like the individual writing the protest on the last and final because the protest in essence voided the last and final. The business agent stated they were not comfortable with the protest but the reputable source is saying the employee is within their right even though the union negotiated a bad deal for the individual. The business agent is now saying the employee options are A. Sign the last and final. B. Sign under protest maybe but not write the protest out. or C. Take it to the panel. The employee already wanted to take it to the panel but the company decided other wise. Anyone hear of this kind of nonsense?
     
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    Let me get this straight---the company offered to give this guy his job back and he protested??

    Hindsight is 20/20 but the right thing to do would have been to accept the offer and then let the union do their job and get the "last and final" thrown out.
     
  3. mamirk69

    mamirk69 New Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    The union agreed to the last and final, the employee did not. Then the company agreed to his protest even though the union did not. The only way to get the last and final thrown out was through protest.
     
    Last edited: Sep 14, 2012
  4. Funfact

    Funfact Well-Known Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    You get more than one chance after you have a case of work place violence ????

    He shouldn't of gotten any chance and I would bet that someone in upper management asked why did he get his job back and then said get rid of him before he becomes a liability... His writing signing under protest null and voided what ever he signed because he was basically saying I don't agree to anything that was written on the paper I signed...
     
  5. Funfact

    Funfact Well-Known Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    So your either a shop steward, BA someone that knows more than they do..
     
  6. Crazy Diamond

    Crazy Diamond Robot Extraordinaire

    Depends on the situation I suppose. I've seen guys get fired for workplace violence for using colorful language/gestures at one another and get their job back. Fisticuffs may be a different story.
     
  7. mamirk69

    mamirk69 New Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    Correct on the protest, the company stated the employee performed work place violence allegedly through his words not directed at the employee. The aggressor cursed him out on the customer premises , invited the individual into a fight, and attempted to take his diad. The victim called his supervisor and made a statement about the problem. The victim stated to the supervisor that if the aggressor continues that the victim would punch the aggressor in his nose. That is the work place violence according to the company.
     
    Last edited: Sep 14, 2012
  8. mamirk69

    mamirk69 New Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    The union goal was to get both of them back to work but the time did not fit the crime in this instance. I agree with the union perspective but each case has to be viewed differently. The aggressor initially lied in his statement and was given a second chance to correct his lie after the customers statements were consistent with the victim. There were alot of irregularities in this case. Of course the aggressor took the deal but the victim was not going to take it because it was too harsh.
     
  9. Anonymous 10

    Anonymous 10 Guest

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    I would get my foot back in the door and back on the payroll. Then I would make sure I never got myself back in this situation again especially in the next nine months. If your livelyhood depends on this place just get back in the door and live to fight another day. It's just that easy
     
  10. mamirk69

    mamirk69 New Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    That is the problem. These last and finals the company hold individuals to their entire time there at UPS. Scary, because I believe in your philosophy also but man what do you do when you have to walk around on eggshells for roughly 15 years to keep your livelihood.
     
  11. grgrcr88

    grgrcr88 No It's not green grocer!

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    discipline only remains on file for 9 months.
     
  12. mamirk69

    mamirk69 New Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    I was assuming the same thing especially under Article 50 in our contract but the company defines these last and finals as sunset deals according to our business agent. I have yet to see anyone in my building survive a last and final.
     
  13. grgrcr88

    grgrcr88 No It's not green grocer!

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    sounds like an extra contrct agreement to me, and a piss poor one at that!!
     
  14. Funfact

    Funfact Well-Known Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    Some people get what they deserve.... Back in the day the union its self help weed out the rotten apples in today's world they can't do that any more so some of the bad apples make there 30 days and use the union as a reason to be a total F---ing A--hole instead of having to grow up. It's one thing for management harassing you but these people bring it on themselves....
     
  15. mamirk69

    mamirk69 New Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    I agree. For the most part the last and finals were for individuals that do not come to work and do their jobs and given countless opportunities but in this case with the driver that is insane for the protest to be agreed upon then later rejected.
     
  16. brown_trousers

    brown_trousers Active Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    hmmm.. how would a driver even get in that situation without a good bit of guilt on his part? It really does't sound like this confrontation could be completely one-sided.

    I dont support UPS in most of their reasons for discipline, but aggressive confrontational behavior is something I would support as a reason for termination
     
  17. mamirk69

    mamirk69 New Member

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    Company agreed the employee showed restraint the only problem the employee made was the fact they stated they would punch the aggressor in the mouth if the matter continued to the supervisor not directly to the employee. To add, aggressor was mad because they had to take some packages off the other driver if you do not want to make the confrontation one sided. So that is what the employee is responsible and as other stated I have seen alot worst and employees do not even miss a day. Point being how can the company agree to the protest, work the man for four days then change their mind.
     
  18. menotyou

    menotyou bella amicizia

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    Because they make the rules, they break the rules. A kid, whose mother I graduated with, was fired for miss loads at my center. The center was so understaffed, they started calling ex-employees and asking if they wanted to come back. Doll's kid said ok. They brought him back for 2 weeks and fired him again for misloads. They would't put him in the feeder where he is very adept at get the packages out.
    When they fired him the first time for misloads, did they think he was at home practicing in hopes of UPS calling him back??????? WTF????
     
  19. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    Back to the topic on hand----am I right in assuming that the package swap took place at a commercial stop and the argument took place in front of the customer? Was the threat for retaliation also made in front of the customer?
     
  20. menotyou

    menotyou bella amicizia

    Re: Fired, Brought back under last and final but signed under protest then fired agai

    I know. A story about being fired, rehired, and fired again has no place in a thread about being fired, rehired, and fired again.