Which in my opinion would be great for the grievant. This was a three day arbitration, that is broken down in to a 36 page summary. I'm obviously reading it through glasses worn by a union supporter, but i do not see how the arb could say that his union activity did not play a role in this termination.
Correct me if Im wrong but the lawyer would be useless at this point because both sides agree to uphold what the arb. says?
Everyone should be very aware that now that ups has this victory under their belt, you can expect to see many more terminations for productions in the very near future......
CYA!!!!!!!!!!!
So the company has created well over a hundred grievances that they have been caught violating, how many did they get away with?But I wonder if this person had it all to do over again, knowing what he knows now. I'm willing to bet he'd probably still be a steward and probably still have filed grievances. But I'm also willing to be, he'd have filed less. But just a guesss.
EEOC is the equal employment opportunity commission which investigates cases where someone is denied a promotion or job or is fired due to age, ethnicity, etc, etc. I don't think eeoc applies here. I think a case must be made to the NLRB , national labor review board. A person can not be fired for his activities pertaining to a union, obviously this is not the stated reason for his dismissal but we all know that's why he was fired. The shop steward has to know this because he has dealt with the nlrb so i'm not saying anything he doesn't know. Hopefully, if he goes this route, that the nlrb will be a little more labor friendly than it has been under our current president .It's my understanding that the grievance procedure must be exhausted before the individual can seek the services of an attorney.
If this case has gone to arbitration then I would say the grievance procedure has been exhausted.
I would highly recommend that this individual file with the EEOC claiming discrimination immediately. There has to be other drivers who are over 3-3.5 stops per hour.
If the EEOC finds no fault, they will issue the grievant a "right to sue" letter which pretty much opens the door for an attorney to assist in his case. I would also have the attorney pursue retaliation charges against the company.
In my building the drivers who received production rides had erratic performances in SPOHR and over/under. When they were off utility drivers would routinely out perform them on similar volume days. Hard to imagine a
experienced driver with area knowledge being in this type situation while making an honest effort.
Red as someone else wrote here before. Work as if your boss were monitoring each activity. Did you follow methods, Did you follow SWM etc? If so, there shouldn't be anything to worry about. Note this goes for both hourly and mgmt.
Jut my 2 cents......
EEOC is the equal employment opportunity commission which investigates cases where someone is denied a promotion or job or is fired due to age, ethnicity, etc, etc. I don't think eeoc applies here. I think a case must be made to the NLRB , national labor review board. A person can not be fired for his activities pertaining to a union, obviously this is not the stated reason for his dismissal but we all know that's why he was fired. The shop steward has to know this because he has dealt with the nlrb so i'm not saying anything he doesn't know. Hopefully, if he goes this route, that the nlrb will be a little more labor friendly than it has been under our current president .
I would do as Trick said. Check EEOC. I have won an EEOC before.
http://www.eeoc.gov/
And check through this to. http://www.eeoc.gov/policy/docs/harassment.html
There are some cover drivers who skip their breaks and lunch and also RUN to get done faster....now I know there are a few drivers that are slackers, but dont compare my day to the cover driver doing this BS. If they are running and cutting major corners they will get done quite a bit faster than someone walking at a brisk pace and who takes their lunch... thats not fair.
0.3 per hour less is a problem? At the end of a 9 hour day, that is almost 3 stops difference total for the day.The key is, if the driver demonstrates a specific level of performance while the supervisor is on car for consecutive days then it's reasonable to expect that same level of performance when he is by himself. For example if the driver runs 17.5 SPOHR on the ride along and suddenly runs 17.2 SPORH when by himself then there is an obvious problem. As a reminder these rides are done over a period of consecutive days so the statistical samples are more reliable. I cannot recall a production termination in my district usually something else is going on as well this driver in question may have been promoting a contentious and divisive personal agenda very few companies big or small will tolerate that behavior.
For example if the driver runs 17.5 SPOHR on the ride along and suddenly runs 17.2 SPORH when by himself then there is an obvious problem.
If a difference of .3 stops per hour is a major problem than everyone in package is doomed.
Ridiculous.
0.3 per hour less is a problem? At the end of a 9 hour day, that is almost 3 stops difference total for the day.
You can't recall one because it's never happened. If something else is the problem as you suggest, why go after the driver over SPORH? Care to give any examples of what you mean by promoting a contentious and divisive personal agenda ?
I'm not freakin lawyer...what the heck does that mean?Actively soliciting and inciting dissension between collective parties for
personal benefit.
I'm not freakin lawyer...what the heck does that mean?