Fit for Duty?

[BigUnionGuy]

So I was correct in advising the OP, albeit after the fact, that he shouldn't have resigned. He should've taken the test. This is, of course, assuming that he didn't show up to work high, just had residual drugs in his system.

If an employee resigns when confronted with a "reasonable cause" test....

It is because of their concerns, they won't pass.


Lets face it....

If you get called to the carpet, something "prompted" it.


The usual complaint is.... "The Union screwed me, or the Steward is lame."

Sound familiar ??

A training packet (CBT) won't cut it in some states. The person conducting the training must be certified to do so.

Ok.

What states, are those ?


Last I checked....

Article 35 of the Master, applies to everyone.



-Bug-

 

[IVE GOTTA PACKAGE 4U]

If your guilty "as charged" you are much better off to resign! Ups wont fight your unemployment and 2) they wont blackball you !

 

[bleedinbrown58]

If your guilty "as charged" you are much better off to resign! Ups wont fight your unemployment and 2) they wont blackball you !

What if you take the test...test dirty and admit you have a drug problem? Don't they have to allow you the opportunity to get treatment? I'm assuming, of course, that the OP didn't come to work high as a kite, but just had residual drugs in his system.

 

[QKRSTKR]

Idk. Had a guy in package get pulled in for a reasonable cause test because UPS found out he had a possession charge couple years prior. He tested positive. No longer works for UPS.

I didn't think we were allowed to shop for stewards. A steward of the union is a steward of the union. Plain and simple. The company did nothing wrong as far as having a steward.

 

[Oak]

If an employee resigns when confronted with a "reasonable cause" test....

It is because of their concerns, they won't pass.


Lets face it....

If you get called to the carpet, something "prompted" it.


The usual complaint is.... "The Union screwed me, or the Steward is lame."

Sound familiar ??



Ok.

What states, are those ?


Last I checked....

Article 35 of the Master, applies to everyone.



-Bug-

Agreed. The master does apply to everyone.

Article 35, Section 3.8 states:

"The witnesses must have received training in observing a person's behavior to determine if a medical evaluation is required."

My point was that some states require the trainer to be certified to give such training. (Ketter auditors may be certified to give such training.) I know this to be true as I have been trained in this area on a former job.

Computer Based Training (CBT) or here's a book on how it's done, now take a test, does not qualify 'in some states.'

 

[willis]

not sure where everybody is coming up with this crap about admitting to a problem after failing a drug test to save their job. ive always been under the impression that only works prior to failing a test. a coworker of mine was fired a few years ago, he was suspected of being under the influence by a sup when he came back to the building to punch out, and was tested and failed. tried to get his job back even went to rehab on his own dime and did not get his job back.

 

[Johney]

Feeders has random tests. I might have one 3 months in a row, then not have one for 12 months. We had a driver that went back to package car, but because he had a class a license, his name came up for a random test. It doesn't matter if you've been sent back or not, you are required to take it. He dodged the test for a couple of days, then they told him if he didn't take the test, it would be considered as a refusal-positive. Well, he fessed up. Said he went back to pkg cars and had a big pot blowout. He had to go to treatment for several months, tests whenever the company wanted. Come to find out, he took the test and was negative, but he had already fessed up. He's still there.

Feeder driver drug testing has to do with the D.O.T. and having a CDL, Nothing to do with UPS right?

So I was correct in advising the OP, albeit after the fact, that he shouldn't have resigned. He should've taken the test. This is, of course, assuming that he didn't show up to work high, just had residual drugs in his system.

Besides feeders, doesn't the contract say something about drug testing and levels of certain drugs in your system? Obviously if you smoked weed on the weekend and had to do a test like this person refused it would show you weren't high at the time? Yes it still may be in your system but would show lower levels confirming you couldn't have been high at work.

 

[retiredTxfeeder]

Yes, I believe the drug tests are all a federal thing, based upon your license allowing you to drive something that weighs 80,000 lbs. I've never known UPS to put any money out on anything they didn't HAVE to.

 

[retiredTxfeeder]

also on a random test (not cause) about 25% of the time, we blow into a breathalyzer for alcohol. And yeah, We had a driver who was positive for a low amount of alcohol. He was taken out of service, and he had to go to classes on his dime and was off several months. He came back, but retired quickly afterward.

 

[bleedinbrown58]

Bottom line.if it were me, and I knew i had drugs still in my system but didn't come to work high...I wouldn't have let them browbeat me into resigning.

 

[BigUnionGuy]

What if you take the test...test dirty and admit you have a drug problem? Don't they have to allow you the opportunity to get treatment?

Article 35 of the National Master


Section 3.8 Reasonable Cause Testing

Upon reasonable cause, UPS will require an employee to be tested for the use of controlled substances.

Reasonable cause is defined as an employee’s observable action, appearance, or conduct that clearly indicate the need for a fitness-for-duty medical evaluation.

The employee’s conduct must be witnessed by at least two (2) supervisors, if available. The witnesses must have received training in observing a person’s behavior to determine if a medical evaluation is required. When the supervisor(s) confronts an employee, a Union representative should be made available pursuant to Article 4 of the National Master UPS Agreement as interpreted. If no steward is present, the employee may select another hourly paid employee to represent him.

Documentation of the employee’s conduct shall be prepared and signed by the witnesses within twenty-four (24) hours of the observed behavior, or before the test results are released, whichever is earlier. In addition, a copy will be sent to the Local Union in a timely manner.

Note: (Reasonable Cause)

At the time the urine specimen is collected, the employee may opt to also give a blood sample. If the employee takes this option, the blood sample must confirm positive presence for the substance confirmed in the urine test. If no positive is confirmed in the blood specimen, the employee will be given a warning letter, offered an opportunity for rehabilitation as set forth in this Article, and the employee will be required to otherwise satisfy the requirements imposed by the DOT regulations. However, if there is a second occasion where reasonable cause testing results in a positive urine test, the employee will then be subject to discharge.

Non-DOT - Reasonable Cause:

In the event an employee (not covered by DOT) is tested pursuant to the discipline Article in the Supplemental Rider or Addenda to the National Master UPS Agreement, such test will be performed under the same procedures and requirements as those set forth in this Article. In the event the test result is positive, as set forth above, it shall be considered a dischargeable offense.


I can't make it any clearer.

Bottom line.if it were me, and I knew i had drugs still in my system but didn't come to work high...I wouldn't have let them browbeat me into resigning.

Life.... is replete with choices.



-Bug-

 

[Thegameisrigged]

Wow. There is a section in the union book protecting you from such a situation. I'm not sure what section but it's somewhere around the drug abuse part of the book. That's a shame how out company does to us.


Sent using BrownCafe App

 

[Mugarolla]

What if you take the test...test dirty and admit you have a drug problem? Don't they have to allow you the opportunity to get treatment? I'm assuming, of course, that the OP didn't come to work high as a kite, but just had residual drugs in his system.

You have no opportunity for a one time rehab for testing positive for reasonable cause.

The language on rehab only refers to Feeder drivers and random testing.

ARTICLE 35

Section 3.13 Disciplinary Action

Employees may be subject to discipline up to and including discharge
as provided below if they test positive for drugs specified
elsewhere in this Article.

1. Reasonable Cause Testing

(a) A positive test is a dischargeable offense unless the Union and
the Employer expressly agree to a lesser penalty. Any such agreement
will not be precedent setting.

(b) Refusal to submit to a reasonable cause drug test is a dischargeable
offense.

2. Post-Accident Testing

(a) A positive test is a dischargeable offense.

(b) Refusal to submit to a post-accident drug test is a dischargeable
offense.

3. Random Testing

(a) 1st offense - A positive test shall result in a warning letter (subject
to successful completion of rehabilitation).

(b) 2nd offense - A positive test is a dischargeable offense.

(c) Refusal to submit to a random drug test is a dischargeable
offense.

4. Pre-qualification

(a) 1st offense - A positive test shall result in disqualification/not
considered for feeder list until the next feeder driver school is conducted
(subject to successful completion of rehabilitation).

(b) 2nd offense - A positive test is a dischargeable offense.

5. Other Dischargeable Offenses:

(a) Failure to successfully complete rehabilitation.

(b) A positive specimen as part of after-care drug testing.

(c) Failure to comply with after-care treatment plan.

 

[Coca Cola Delivery Man87]

even smoked a little weed about a week ago.

lmao.
Was it worth it?

 

[iSort]

I had a similar situation happen to me. What I did was a much more dumb then having smoked weed a week ago. I had forgot I had a one hitter in my backpack and they found it when going through the guard shack. Was told the same thing, if I didn't resign it would show up as being fired for a drug offense. I know and completely understand that there wasn't much I could do to keep my job, but my question is how quickly does the healthcare deactivate. I've had friends quit ups and said they've have been using the same insurance card for dental and doctor check ups.

 

[Mugarolla]

I had a similar situation happen to me. What I did was a much more dumb then having smoked weed a week ago. I had forgot I had a one hitter in my backpack and they found it when going through the guard shack. Was told the same thing, if I didn't resign it would show up as being fired for a drug offense. I know and completely understand that there wasn't much I could do to keep my job, but my question is how quickly does the healthcare deactivate. I've had friends quit ups and said they've have been using the same insurance card for dental and doctor check ups.

When discarged or resign, your insurance stops immediately. You have the option of picking up the COBRA policy at your own expense. The people who have continued to use the card is an oversite on UPS's part. They did not notify the insurance carrier to cancel that member.

 

[Mugarolla]

Another possibility is that the doctor or dentist office just treated the person and filed it to the insurance card without checking eligibility. Eventually they will get word that it is denied and then they have to send the bill to the patient. This could take some time.

 

[Brownsfan]

This whole story blows my mind. What type of sissy buildings do you work in? And why would you ever elect someone to be a steward with no back bone.

Never once has a part timer and only once has a driver been asked to test. Please do yourselves a favor and read the contract and elect some smart hard nosed reps.

 

[annie345]

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

I would call my local.. and if they can't help, I'd call a civil contract lawyer and see if u can get your job back for mgmt violating your rights under the contract. Also your steward didn't do a very good job advising you on your rights (even though you should know your contact!). Even if u did test positive, there are still rights under the contact.. And the contract is also specific about who, when, and why a person may be required to take any drug test and a specific process mgmt must follow.

 

[oldngray]

When discarged or resign, your insurance stops immediately. You have the option of picking up the COBRA policy at your own expense. The people who have continued to use the card is an oversite on UPS's part. They did not notify the insurance carrier to cancel that member.

I think you are still covered for 30 days after leaving before needing to pay for other insurance.