Taken out of service.....

Discussion in 'UPS Union Issues' started by Upser down South, Oct 8, 2014.

  1. Upser down South

    Upser down South New Member

    I was taken out of service for first time in my career and have been with the company for over 20 years. It is an obvious retaliation for my duties as shop steward in the year 2013. I was taken out of service for (RDR) Record Drive Record. I have been out of service for 8 days now with no end in sight. I have also been treated differently than another driver that also committed the same infraction (RDR) 2 days earlier in which the driver a received a verbal warning. My record is clean as well as the other driver involved with same infraction. What can I do now? The union is involved of course, but I think I have a case of retaliation and discrimination for being taken out of service for the same thing another driver did and only received a verbal warning!!!! Especially when both of our records are clean. Any insight or help from anyone that has had to deal with this would be grateful. Ive never had to deal with anything like this in my career. Thanks in advance!!!
     
  2. BrownTexas

    BrownTexas Well-Known Member

    I don't see how this is a fireable offense. I would think with the other guy getting a write up they may be able to use this to get back pay.
     
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  3. Upser down South

    Upser down South New Member

    I feel that I am being retaliated against also for my past duties as shop steward during the late 2012 and 2013 years. I was real aggressive defending the contract including numerous 9.5 and 8.5 day grievances for myself and fellow employees. I feel as the manager involved is trying to even the score big time.
     
  4. aiian

    aiian Active Member

    What is RDR?
     
  5. BrownTexas

    BrownTexas Well-Known Member

    But if you can't prove it... It doesn't matter.
     
  6. ChickenLegs

    ChickenLegs Safety Expert

    Leave your feelings at home, prove the facts
     
  7. PT Car Washer

    PT Car Washer Well-Known Member

    Recording a stop by scanning the bar code and then moving the package car. Usually scanning a next day air stop before 10:30 then driving to the address and delivering the stop after 10:30 to avoid a late air.
     
  8. Indecisi0n

    Indecisi0n Well-Known Member

    I still can't understand how drivers can be so stupid (RDR).
     
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  9. bleedinbrown58

    bleedinbrown58 ahhh....the mouth breathers

    Isn't that considered dishonesty...or falsifying records?
     
  10. Mugarolla

    Mugarolla Light 'em up!

    We have discussed this in another thread. Per the contract, UPS cannot use data obtained through electronic devices to discharge an employee unless they can prove intent to defraud the company. Is RDR defrauding the company?

    It may be dishonesty, but is it defrauding the company? It happens so often, I'm sure we will get a state panel or JAC decision on this very soon.

    If they just gave someone else a warning letter for the same thing, call them on it and, you being a Steward should know better.
     
  11. TheScratchKid

    TheScratchKid Member

    Does it count if you scan a package (not a NDA) and find out you are not in the right place, put the package back in the back, drive to the right dock and then stop complete? If so, should I be voiding the stop first before starting the truck?
     
  12. Mugarolla

    Mugarolla Light 'em up!

    I don't think UPS would have an issue with that as long as you had a good explanation. How many times is that going to happen? Once or twice. Their issue is the dishonesty factor of NDA's scanned just so they do not show late.

    Again, you cannot be fired for dishonesty if the proof is from electronic devices. Can only be fired for defrauding the company. This usually involves monetery issues. Defrauding the company out of money. Stealing time.
     
  13. TheScratchKid

    TheScratchKid Member

    Thanks, I think it's happened three times but just in different areas that I wasn't used to, again no NDA or savers so I really wasn't trying to falsify(wasn't any benefit to ore scanning it), just didn't think anything of it until I read this post.
     
  14. Mugarolla

    Mugarolla Light 'em up!

    Better safe than sorry. I would ask your sup if he wants it voided or just drive and deliver it. CYA.
     
  15. ChickenLegs

    ChickenLegs Safety Expert

    @Mugarolla Technology can be used to prove dishonesty despite what the contract says. There have been many many precedents at the national level involving issues with tattle tale a matics.
     
  16. Mugarolla

    Mugarolla Light 'em up!

    Well, that's our union for us. They don't even enforce the contract. Unless the union agrees that "intent to defraud the company" means dishonesty.
     
  17. Mugarolla

    Mugarolla Light 'em up!

    They have not even had a national panel yet under the new contract. The new contract inserted "intent to defraud the company." The old contract was wide open. The only thing it said was "cannot be fired on a first offense." I know of the issues under the old contract. It did not specify anything. The new contract inserted defraud. I know it is vague, but you can only be fired for intent to defraud the company. I'm sure this will be taken up by the National, but as of yet, they have not addressed the new language.
     
  18. ChickenLegs

    ChickenLegs Safety Expert

    I'm thinking of tons of ways a case could be made, some are over the top but you get the idea hopefully.

    By doing RDR - you could make the case that the employee is defrauding the company.

    If the RDR is to make commit times, that customer may choose to never do business with UPS again. Resulting in loss of profit because businesses will not occur.

    The same thing happens with those movie piracy claims. The movie association says studios lose billions of dollars every year because the people who watch illegal pirated movies did not do business with them.

    I'll also add you can intend to do something without intending for those consequences to occur.
     
  19. Upser down South

    Upser down South New Member

    I scanned the air packages, then put in prerecord to find the ground. Also business had 2 addresses so I was trying to deliver all at one time. Wasn't trying to gain anything, just protect the company and do the right thing. Not exactly sure if I was on the customers property before commit time or not. I know it was real close!
     
  20. Mugarolla

    Mugarolla Light 'em up!

    I agree. But until the National takes it on, the locals better fight like hell what defraud actually means.