I’ve been told I can’t be fired for misloads. However, it is peak season. I’ve been with the company for over a year and recently, a new hire has been complaining about me, threatening me and now has gotten my supe to move me. I have been working doubles and been working 14+ hour days. My supes know I’m exhausted and on one of the busiest days of the year, my supe moved me from a 3 car set to a 4 car set. I am usually in the unload and loaded the 3 car set all peak. Today, I have had 30+ misloads as I know right now. It wasn’t done intentionally and I feel like I was set up to fail. My father, a driver said I would probably be called into the office on Monday and suspended even though I’ve never been written up before. What should I do?
Maybe its time to teach your Dad something?
You have rights if you are a Union Member! They are called Weingarten Rights! In 1975 the Supreme Court gave you these rights! Apply them when needed! Speak as few words as possible (and write down everything said by you and any management) let the pressure be on them NOT YOU! Be polite, don't swear, control yourself and follow the rules below. I know many here say ask for a Steward, I prefer a Business Agent over a Steward.
During an investigatory interview, the Supreme Court ruled that the following rules apply:
Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2: After the employee makes the request, the employer must choose from among three options:
- grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
- deny the request and end the interview immediately; or
- give the employee a clear choice between having the interview without representation, or ending the interview.
Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.