Terminated For Gross Negligence

[trickpony1]

Trick i have never heard of an 8-3 anything. Here article 8 covers national language and really has no merit in our local. Pm if you like and i can make some calls to gather what ever info your looking for.

705Red-
I'm sorry. I thought you were high up in the union hierarchy and knowledgeable of it's most intimate workings. Even I, as well as my impotent podunk union officials, have heard of an 8.3 appeal. Not that it did any good for the affected individual however. I figure a strong union stanchion such as Chicago would be acquainted with it.
I really don't need any info from you as I have seen how an 8.3 doesn't work. Feel free to research it yourself and we can discuss it here.
Thanks.

 

[Jones]

705Red-
I'm sorry. I thought you were high up in the union hierarchy and knowledgeable of it's most intimate workings. Even I, as well as my impotent podunk union officials, have heard of an 8.3 appeal. Not that it did any good for the affected individual however. I figure a strong union stanchion such as Chicago would be acquainted with it.
I really don't need any info from you as I have seen how an 8.3 doesn't work. Feel free to research it yourself and we can discuss it here.
Thanks.

Well, I guess I'm not all that high up and knowledgeable either...what's an 8.3 appeal?

 

[happyboy]

This is a sad story. Great company we work for right?... If you google... motorcyclist killed ups... you will find several stories.
I might of taken the combo job and then got a lawyer.. anycase get a lawyer now, contact the media, 60 minutes, dateline, cnn, whatever you might be able to shame them into giving you your job back.

 

[705red]

705Red-
I'm sorry. I thought you were high up in the union hierarchy and knowledgeable of it's most intimate workings. Even I, as well as my impotent podunk union officials, have heard of an 8.3 appeal. Not that it did any good for the affected individual however. I figure a strong union stanchion such as Chicago would be acquainted with it.
I really don't need any info from you as I have seen how an 8.3 doesn't work. Feel free to research it yourself and we can discuss it here.
Thanks.

I can tell you that i know how the grievance procedures work from being presented to low level through to panel and end up with arbitration. But my friend i have never heard of an 8-3 appeal, can you please explain? I am a package car driver and a steward im sorry if you thought i was jimmy hoffa but im just like everyone else on this board.

 

[laurietito]

Did you sign resignation papers?

Never!!!!

 

[laurietito]

Can't say for positive, but I believe here in Calif you can be found at least partially at fault if you pull out in front of someone and they hit you. The fact he was speeding makes him liable also. It still seems to me we are missing part of the story. Was the cross street straight/level? Daylight? Weather? As someone said earlier, I can't believe UPS would leave themselves so openly liable to lawsuits without being absolutely sure in their position. And then every subsequent hearing agrees? Sounds funny to me...........

Weather was sunny... it was during the day... I had red flashing lights, he had yellow flashing lights... very busy intersection..

 

[laurietito]

This sould be slam dunk.....no tickets, no CRIMINAL CHARGES, witnesses saw motorcyle speeding, news channel reports accident, ect,ect, from what I see the ball was dropped on this one!

The only CASE brought here is a FEDERAL case UPS made of this grossly neglegent charge....

Drinking and Driving and speeding is grossly negligent!

I totally agree plus why are there other u.p.s. drivers involved in accidents with fatalities that get there jobs back!! Any one no of any let me know for my case.

 

[2Slow]

I have been sitting out because I have been trying to stay very anonymous. But here goes. (not gonna come off my name here though, sorry H)

He is (was) in local 135, not 710 or 705. (pension administered by 710 strangely though)

He's a good guy, but he was on managment's short list.
center manager's boss (not sure what kinda manager he is called) really had it out for this guy. He was kinda slow as a swing driver, but it appeared to the other guys that he tried hard. He did not have a reputation with the drivers as being a slacker, but he made bad numbers.... That's the real cardinal sin that he commited.

BA doesn't have the best reputation... R.B. I guess the moderators remove it when someone posts actual names.

As far as I can tell he has been posting true stuff. I don't have inside knowledge of the issue, but it all sounds true. We did hear a rumor that he was offered a combo job at driver rate, but that was just a rumor.

We miss ya, H

 

[DS]

This is a sad story. Great company we work for right?... If you google... motorcyclist killed ups... you will find several stories.
.

Yea but if you go to www.whtr.com they dont seem to have archived the event,at least I couldn't find it....Not that it didn't happen,but I'd like to read the news story if anyone can find it.

 

[laurietito]

I admire your spirit of fighting for the underdog but this underdog got some splainin to do.

Per his story:

company made up gross negligence charges.

because motorcyclist with a death wish ran right into the side of him and he could do nothing to avoid it.

company somehow bribed or fanagled their way through a panel to win the discharge even though we had no cause and no reason to fire a perfect employee with a perfect record.

company did all those underhanded stuff because they wanted to fire him a guy with a perfect record for no reason.

but wait the company then offered him a settlement that would have allowed him to keep his job.

so company manufactures, lies, cheats and steals a discharge but yet then offers him an option that keeps his job?

don't make sense to me.

COMPANY DID NOT MAKE UP GROSS NEGLIGENCE CHARGES. I WAS FIRED FOR ARTICLE 17, WHICH IS GROSS NEGLIGENCE..
MAKES PERFECT SENSE, THEY LIKE CERTAIN PEOPLE.. THEY NEVER OFFERED SETTLEMENT, JUST A CRAPPY JOB WITH NO DRIVING...

 

[laurietito]

This is a sad story. Great company we work for right?... If you google... motorcyclist killed ups... you will find several stories.
I might of taken the combo job and then got a lawyer.. anycase get a lawyer now, contact the media, 60 minutes, dateline, cnn, whatever you might be able to shame them into giving you your job back.

You are right, if you google it , it comes right up... First time I have actually done that. Thanks for the advice. So far lawyers are very expensive.....

 

[laurietito]

I have been sitting out because I have been trying to stay very anonymous. But here goes. (not gonna come off my name here though, sorry H)

He is (was) in local 135, not 710 or 705. (pension administered by 710 strangely though)

He's a good guy, but he was on managment's short list.
center manager's boss (not sure what kinda manager he is called) really had it out for this guy. He was kinda slow as a swing driver, but it appeared to the other guys that he tried hard. He did not have a reputation with the drivers as being a slacker, but he made bad numbers.... That's the real cardinal sin that he commited.

BA doesn't have the best reputation... R.B. I guess the moderators
remove it when someone posts actual names.

As far as I can tell he has been posting true stuff. I don't have inside knowledge of the issue, but it all sounds true. We did hear a rumor that he was offered a combo job at driver rate, but that was just a rumor.

We miss ya, H

BY the way , I was never offered a combo job at driver rate, it would have been at combo rate, sweeping floors and loading brown trucks

 

[dannyboy]

And here is exactly why you got fired. Out of your own mouth.

Weather was sunny... it was during the day... I had red flashing lights, he had yellow flashing lights... very busy intersection

I used to live up north, and the laws up there are like they are down here. Flashing RED means stop, then go if it is clear. Flashing yellow means caution, but you have the right of way.

So let me see, you pulled out of a stop at a flashing red light, and a guy on a cycle hits you on the side, one you did not see? And you claim you were not at fault in any way? REALLY?????????

I am impressed with your grasp of reality.

d

 

[laurietito]

And here is exactly why you got fired. Out of your own mouth.



I used to live up north, and the laws up there are like they are down here. Flashing RED means stop, then go if it is clear. Flashing yellow means caution, but you have the right of way.

So let me see, you pulled out of a stop at a flashing red light, and a guy on a cycle hits you on the side, one you did not see? And you claim you were not at fault in any way? REALLY?????????

I am impressed with your grasp of reality.

d

Yes, I stopped and looked both ways and proceeded. IF HE WAS NOT SPEEDING ( 60-80 MPH IN A 35 MPH) HE WOULD HAVE NEVER REACHED MY BROWN TRUCK, HE WOULD BE ALIVE AND I WOULD STILL HAVE A JOB

 

[dannyboy]

I once had a wreck with a gray car that blended in with the roadway. He was speeding as well. I never ever saw him, and nailed him right on the drivers side door. I was doing maybe 5 MPH. But you know what, it was my fault. Totally. And but for the grace of God, I could have killed the guy that day. But never for once did I have the gall to think that I was not at fault.

Yes he was speeding. Yes, he should have had his headlights on. And he should not have run the light like he did. But as a professional driver, I missed seeing him. Period.

So why, with you just getting into the intersection did you not see the cycle? Did you not look down the road far enough? Even if he was doing 80 in the 35 zone, you should have seen him.

So my question is, why did you not see him approaching the intersection?

d

 

[laurietito]

I once had a wreck with a gray car that blended in with the roadway. He was speeding as well. I never ever saw him, and nailed him right on the drivers side door. I was doing maybe 5 MPH. But you know what, it was my fault. Totally. And but for the grace of God, I could have killed the guy that day. But never for once did I have the gall to think that I was not at fault.

Yes he was speeding. Yes, he should have had his headlights on. And he should not have run the light like he did. But as a professional driver, I missed seeing him. Period.

So why, with you just getting into the intersection did you not see the cycle? Did you not look down the road far enough? Even if he was doing 80 in the 35 zone, you should have seen him.

So my question is, why did you not see him approaching the intersection?

d

I never saw him. I didn't just get into the intersection, I was almost all the way through. If I had 3 more seconds my truck would have made it.

 

[brownmonster]

Maybe he was in a hurry because his 175 stop, 8.2 hour dispatch, 9:20 leave building time, 25 minute drive to area, 17 NDA stop day got the best of him. Next time you stop at an intersection look see how far down each way you look. A cycle going 2 1/2 times the speed of traffic can sneak up quick. Just playing devils advocate. BM

 

[over9five]

IF the story is as told, I would retain an attorney and sue everyone I could.

 

[pkg-king]

aThere have been a couple of drivers involved in fatalities in our center over the last couple of years, one was a motorcycle going through a red light and hitting the drivers-side of the truck. In all the cases the drivers were offered a lump some of money in exchange for resigning. In the motorcycle incident the driver was given $150,000, that was almost 20 years ago, so I'm not sure what that would equate to into todays economy. I think UPS takes the stance that if they were to allow you back on the street, and in the unlikely event you were ever involved in another fatal accident, that it woud open UPS up to a whole bunch of very serious legal issues, then it would be gross negligence on their part (in the eyes of the law) for allowing you to drive again and put the public safety at risk again. Though the accident was not your fault at all, there is some liability on your part for being involved. That's not my opinion, I just think that's the way they are looking at. By extending an offer to work inside, they were just trying to show that they were willing to keep you employed and not trying to ruin your life.

 

[trickpony1]

Danny-
glad to see you're back.

80 MPH is 117.33 feet per second.
35 MPH is 51.33 feet per second.
There is quite a bit of difference especially when the object the mind is trying to focus on and register as a potential threat is very small.
Does the law in that state require the cyclist headlight to be on? did the cyclist come around a curve just prior to blowing through the intersection?
As you well know the size, weight and gear ratio of the rear axle of a package car pretty much prohibits a "hole shot" anywhere, let alone a intersection.
As you also know, the company often reacts before it puts any thought into the consequences of its actions. The termination of the pkg driver was probably a "knee jerk" response by management who could care less about the pkg driver. This type of thing is fun and games for management.