Miranda rights?

Discussion in 'UPS Union Issues' started by 29yearhasbeen, May 6, 2007.

  1. 29yearhasbeen

    29yearhasbeen New Member

    After 29 years with the company and NEVER having anything on my record, I was called into the office with a shop steward, my supervisor, his boss (my manager) and his boss, who did the dirty work. Since I'm not sure about this site as of yet, I won't give more details. I'm on a working discharge as of right now. My question is, do we give up our rights to an attorney or to not have Miranda rights when we enter these situations?

  2. Ms.PacMan

    Ms.PacMan Well-Known Member

    Are you confusing RULES (i.e.company policy) with LAWS? Was this a termination? Did you admit to or do something that would prompt UPS to file criminal charges against you in addition to termination? If you broke a rule at UPS then listen to your steward. If you broke a real law (i.e. theft of merchandise, embezzlement) then you will hear Miranda when the police arrest you.
  3. Cole

    Cole New Member

    As far as breaking company rules and going in the office you are protectd under Weingarten rulings, to have union representation whenever you reasonably feel the questions could lead to discipline etc...If you have union representation they are not required to wait for you to call an Atty. You can hire one if you would like, but they have to have a steward present by our contract, unless you live in a right to work state, and have signed a waiver waiving your rights to union representation etc...
  4. Channahon

    Channahon New Member

    Employees who are NOT in right to work states, can sign a waiver declining union representation. Does'nt not happen very often, however, if they know their is no chance to get their job back or are embarassed by their action, they would rather go quietly and usually resign from UPS
  5. 29yearhasbeen

    29yearhasbeen New Member

    No, it wasn't a crime. No theft or assault. Nothing other than a note to the shipper as to why we couldn't deliver their pkg. (remote area, I knew where it was) and what I thought there options should be, if it were me. They couldn't tell me which driver covered that borderline area and the address wouldn't PAL. The note, they say, was destruction of UPS property. It was actually just embarrassing to them, more than anything else. I've heard that they are testing the new union rep because they think he's weak.

    If I have to, I'll take it to court and let a jury determine what they think about big brown.

    I've always been a team player, but the new UPS doesn't care about hourlies at all!
  6. brown67

    brown67 Active Member

    If you don't like your steward go and call the business agent for your local. If they wanted to fire you they would have done it already. Working terminations are just a way they pull your chain and scare you. Be cool don't make threats. Did you file a grievence on your working termination? If you haven't do it tomorrow. They pulled that on me several years ago for a late air. I filed a grievence and they let me twist in the wind for a few days and then gave me a warning letter. No big deal in the end.
  7. 29yearhasbeen

    29yearhasbeen New Member

    The shop steward is OK, it's the new business agent they're testing. Just before me, they let a 5 year PT employee walk out the door because he gave them a sob story about why he tested positive for drugs!
    My shop steward called them on this asking them if they were a morale co. and if so how could they let him walk and want to fire me for writing on a box. He said they calmed down a bit.
    No, I have held my tongue since then. Everything by the book.
    I didn't think about filing a grievance. What would be my reason? Harassment?
    My shop steward says it's a scare tactic because I butt heads with my boss. I always obey orders, but I don't mind telling him if I think it's a wrong move. He's made some moves that make NO sense at all!
  8. Channahon

    Channahon New Member

  9. huskres

    huskres Member

    do you know what miranda rights are? they only pertain to you when you are arrested
  10. satellitedriver

    satellitedriver Moderator Staff Member

    The first part in the Miranda rights, states,"You have the right to remain silent", maybe you should take that advice.
  11. 705red

    705red Browncafe Steward

    If your on a notice of termination you better file that grievance within 15 days of the discipline being voiced, if no grievance is filed you will be terminated for untimely filing of the grievance.
  12. cpio

    cpio New Member

    Unless there's something you're not telling us, if you've never been seriously disciplined in 29 years you should've had that grievance form faxed to your local the next morning. As for all I know, the only things that are grounds for immediate discharge are consuming alcohol or drugs on the job, fighting and dishonesty.

    Drug use is not grounds for immediate discharge unless your center manager walks in on somebody rolling up a doobie in the lunchroom. If management pulled everybody on my shift into HR and drug tested all of us, I'd bet good money that over half of our AM preloaders would test positive for something. My own two cents: if they can sort the right label to the right belt, SPA in-sync all morning and put the right package in the right car, management should mind their own damn business, so long as they're not using anything on the job.

    Anyways, back to our driver...You have a contractual right to an informal hearing, and to appeal any decision all the way to an arbitration. An arbitration would usually involve representatives from UPS management, typically the managers involved with the initial notice of termination and somebody from UPS Labor Relations. You'd probably have a union business agent or two present, possibly a shop steward, possibly a labor lawyer and anybody you need to speak on your behalf. Both sides present their case before a neutral third party, which is usually somebody from the American Arbitration Association, and his or her decision is final.

    If you are still within the proper time limits to file a written grievance, I suggest you stop reading this and go to your local's office and straighten this out.