Fit for Duty?

Discussion in 'UPS Union Issues' started by Dogbill, May 15, 2014.

  1. Dogbill

    Dogbill New Member

    I woke up this morning with a pretty intense headache. It was too late to bother calling in, so I threw some clothes on and made it to work at preload this morning. I told my supervisor I had a migraine and it had me feeling pretty down in the dirt and that I wanted to leave if we had a few extras.

    When he told me I could leave, I was intercepted by the preload supervisor who started interrogating me on why I didn't feel well. I explained everything to him and he turned me around and put me back in the sort aisle. About thirty minutes later, they call me to come with them. They take me to their office and start asking me if I drove to work this morning, what kind of prescriptions pills I have, etc. I explained that I had no prescriptions and had taken nothing.

    So they pop "Well, your pupils are dilated" at me. I checked, and they were a bit bigger than normal, but I'm not sure dilated was the word. As soon as they tell me that, I see where this is starting to go. I protest that I told them I didn't feel good and had a migraine and that I was sober - that I would never even THINK about coming into work if I was under the influence of anything. I've been the hazmat responder and one of the better employees when it comes to safety (4 years in preload).

    They tell me I have to take a drug test because I look like I came to work high. They told me they became suspicious of me because of my slow movements and actions and that I was "being suspicious". I usually try to be the life of the party when I go to work on preload, so I guess my silence this morning made them suspicious?

    The issue is, I've been around and even smoked a little weed about a week ago. They technically didn't strong arm me into resigning. They instead worded it as "If you take this test and fail, every job you apply to will see that you were fired for drugs". Even though I was not high at work this morning, I chose to resign to avoid any long term consequences on the change it DID come back positive. I was told if it came back positive with anything, I'd be immediately terminated and future employers would see I was terminated for a drug offense.

    Do I have ANY options at all? If UPS doesn't want me, I can find something else, but I legitimately feel like I was wronged. To be sat down in an office and asked why I'm high when I know for a fact I've done nothing other than a joint over a week ago. I get that I shouldn't have touched the joint in the first place. But the reason for the original test was bull:censored2:.
  2. Brown Pride

    Brown Pride New Member

    Don't do drugs.

    -Do you even deliver bro-
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  3. PiedmontSteward

    PiedmontSteward RTW-4-Less

    First of all.. wow.

    Secondly: was a shop steward present for any of this? Was a steward called when they had you resign? If not, that might be your only chance out of this. Key word is "chance" as you already resigned. You need to be calling your union hall and you need to be honest with your BA.

    The language regarding drug testing requires just cause, which means two supervisors with drug awareness training submit observations of your behavior, in writing, within 24 hours (I believe) of the incident. Additionally, if you're a non-DOT driver, you can give a blood sample at the same time as your urine sample. If the urine is positive (ie. you smoked marijuana in <30 days) but your blood sample is negative (ie. you didn't come to work stoned or smoked marijuana recently.. this depends on individual and the testing thresholds, a lot of which is up in the air. See: Drugged Driving debate in "legal" pot states) then you're supposed to be given a warning letter and a chance at rehab.

    At least.. that's how its supposed to work in theory.
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  4. Dogbill

    Dogbill New Member

    I had a shop steward present, but it was by far our most passive steward that typically lays down when management speaks. My representation was below average at best.

    Also, once I turned in my resignation, a PCM was called at break where my co workers were informed that I was fired for being stoned at work. Kind of interesting when I just turned in my resignation.
  5. PiedmontSteward

    PiedmontSteward RTW-4-Less

    If a steward was present -- even a lousy one -- then there's virtually no chance of you getting your job back after signing a resignation. Did you specifically request a different steward?
  6. Dogbill

    Dogbill New Member

    I did turn in my resignation, but an announcement was made that I was fired. Any chance that changes anything?
  7. PiedmontSteward

    PiedmontSteward RTW-4-Less

    It violates company policy and certainly doesn't look good from a decorum stand point on your manager, but that's not enough to get your job back.

    It sounds like you got railroaded. Did you give them any reason to single you out (filing grievances, speaking up on behalf of your coworkers, etc)?
  8. Dogbill

    Dogbill New Member

    And no, I didn't specifically request another steward.
  9. Dogbill

    Dogbill New Member

    I did some on road training a few weeks ago and haven't been back out since. I did my driving school about a month ago. A rumor went around that someone was in hot water for me going out in a package car because they hadn't done appropriate paperwork. It's a long shot at best, but I couldn't imagine anything else I've done.

    I've gone out of my way to try to be an exemplary employee. I volunteered to be a haz-mat responder years ago and stay later than every other preloader nearly every day to finish up a few tasks I'm assigned beyond usual preload duties. I've filed maybe 2 grievances since I started 4 years ago, and not one in the last 2 years or so.
  10. PiedmontSteward

    PiedmontSteward RTW-4-Less

    Quite frankly, I strongly doubt you've got a shot to get your job back. Your business agent might be able to pull off a miracle, but I doubt it. Don't lie to him and give him the full story. You should be calling your union hall ASAP.
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  11. steward71

    steward71 Active Member

    You should not have resigned. Call your BA right now. Under the law they can't tell anyone why you were let go. But this was done after you resigned. I can't stress this enough to you. UPS is my part time job, my full time job is lets just say in dealing many people from all types of life. You fell flat on your face with this one. You allowed them to tell you"your next employer will know you were let go from this job for drugs." Big scare point by them to get you to say something. Under federal law they cannot at anytime give info about drug test. You should have ask for another steward and then told them to prove what they are saying. If you had to take the test then do so. Under EAP programs such as UPS, you could have told them you had an issue and need help (that is if you failed the Test). Then they have to get you help. You have to deal with random drug tesing for up to 12 months.

    But what happenes if you past. I seen people over the years smoke weed 1 week to 3 days beofre they were called in for a test and the dip test showed them dirty but then when I order a screen to be done by the Dr. it was clean. UPS does not do DIP test they have you go to Dr.'s office to have it done.

    One thing that could help you is to talk to your BA, because you did not pick the steward. Also new flash. If you choose to smoke the wacky weed then it is up to you to know the reactions to what could happen. If you Smoke it then know what your rights are under the contact and the law.

    Im not saying you were sick becasue you smoked a little weed. Also make sure you tell your BA you ask to go home before you were asked about anything. Good luck.
  12. Dogbill

    Dogbill New Member

    Just got off the phone with my BA. Pretty much said I was boned. Nothing he could do. Thanks for the help. I :censored2:ed up, but I felt like I was had by the balls.
  13. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    They announced that you had been terminated? Really?? How is that anyone's business?
  14. tacken

    tacken Active Member

    AHHHHH the union right there by your side as you get kicked to the curb.And the UPS sups just strong arm you into quitting. Great company to work for.
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  15. bleedinbrown58

    bleedinbrown58 mouth breathers...everywhere

    You were. If they were talking you into resigning, it was because they knew they couldn't summarily fire you just for testing dirty. All you would've had to say following a failed drug test is, yes i have a drug problem and I need some help. You'd be knee deep in management BS, but you'd still be employed. I knew of a PT sup busted for drinking on the clock, who admitted he had a problem, he was required to do an outpatient program and still kept his job.
  16. Go down to your local and file a grievance.
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  17. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    Uh.... No.

    A positive test for "reasonable cause" on any employee, is discharge.

    Refusing a "reasonable cause" test for any employee, is discharge.

    Feeder drivers are offered treatment.... for a positive.... on a random test.

    All other employees, are only subjected to "reasonable cause" testing.

    All other employees, are offered treatment when requested....

    "Prior" to any disciplinary offense.... meaning, "reasonable cause".

    That is why.... Article 35, is the largest article in the contract.

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    Last edited: May 15, 2014
  18. oldngray

    oldngray nowhere special

    I have almost never seen UPS test someone for "reasonable cause" unless the person was obviously impaired. It looks like he went in to work messed up when he should have just called in sick.
  19. BigUnionGuy

    BigUnionGuy Got the T-Shirt

    An attendance problem, is a lot easier to deal with.

  20. freelabor

    freelabor Member

    For the time you had invested with ups, seems like you gave up way too easily. Good luck.