Termination

Discussion in 'UPS Discussions' started by leia, Dec 2, 2011.

  1. leia

    leia New Member

    Future son in law has worked for UPS for 5 years as a loader on the dock (small package side). He is (was) the safety captain. His side of the story is that they supervisor wanted 5 guys to load a trailer. Son in law told sup that he felt it was unsafe and asked to be moved to another trailer. Sup told him no. He then told sup that he hasn't been trained to load a trailer with 5. Normal is at the most 3. Long story short. He was fired. Of course looking back it is easy to say that he should have just done it but it is to late for that now. The morning after this his son was born. The next business day he went there and they told him he can't do anything until he receives a termination letter from the company. It has been 10 days.....no letter.
    Does he have a chance to get his job back or should he put UPS behind him???? Any suggestions would be appreciated.
    He filled out grievence paperwork before he left that night.
     
  2. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    Good luck!
     
  3. hypocrisy

    hypocrisy Banned

    He should read his regional and local supplement regarding terminations & the grievance procedure. Simply telling someone "you're fired!" doesn't mean diddly squat at UPS. Most supplements detail specific procedures such as requiring a letter to be sent within 10 days by certified mail detailing the offense and action taken. No letter, no termination. Again, review your regional contract and sort rider to determine what specific actions are required in your area.

    You left out whether he had a meeting with management and a Union Steward present after initially being told he was fired but I'm assuming there was one as he filled out a grievance. Is he still working (on working termination?) or is he sitting out? If he's sitting out and they have not sent a letter, he could be entitled to back pay as well as reinstatement.

    Article 18 of the National Master Agreement prohibits the employer from taking disciplinary action if the employee feels that his health and safety is at risk (although it's highly debatable that adding two people to an operation constitutes unsafe working conditions). I would urge him to contact OSHA and file a formal complaint regardless of the outcome of his grievance.
     
  4. hypocrisy

    hypocrisy Banned

    Why do you bother? Don't you have a missing Swingline stapler to track down?
     
  5. Funfact

    Funfact Well-Known Member

    I sure there is more to the story than you heard there always is. From what you said he refused to work as directed. There are not set numbers for the number of people loading or unloading trailers. If there are people sitting around doing nothing or there is a push to get a certain trailer empty you do what your told.

    He has been with UPS 5 years this isn't the first time that he has seen or been in a trailer with more than 3 people. He must of been having a bad day and instead of working as direct that night and filling a grievance later he decided to take matters into his own hands.

    The good news is that if this is the whole story he will get his job back eventually it might take a couple weeks if not more but he will get it back if he fights for it by calling his BA and find out what his status is a couple of times a week. If he doesn't do anything than he is SOL.
     
  6. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    I do enjoy your posts ... I always come away feeling better about myself.

    Please return to your corner and admire you "least likely to succeed" certificate from high school.
     
  7. over9five

    over9five Moderator Staff Member

    Everyone knows you "work now, grieve it later". You couldn't convince me it was a safety issue. Bad time for him to lose his job over something so dumb...
     
  8. Anonymous 10

    Anonymous 10 Guest

    What's a safety captain??????????
     
  9. Inthegame

    Inthegame Well-Known Member

    I really enjoy these lover's spats.
     
  10. leia

    leia New Member

    It has been 10 calendar days today and nothing in the mail.
    I understand the "he should have just done it" and the timing of this couldn't be worse.
    I am a Teamster, just not a UPS'er. I am so glad I haven't ever had to worry about all of this.
    He filled out grievence paperwork before leaving the building however, no meeting with steward yet. The company said he can't meet with steward until he gets his termination letter.
    I do however appreciate everyones help and opinions.
     
  11. whiskey

    whiskey New Member

    He will get his job back with no back pay. UPS will drag out the process. The good news is he'll be back working with full benefits.
    Enjoy your Holidays!
     
  12. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

  13. rocket man

    rocket man Well-Known Member

    5 years no call to union? ask the captin to turn in his bar,s and ask to be a private and unload the same trailer. call the union find out when hearing is? but im betting he,s not a union member still protected but not a captin hes a possible d. b
     
  14. Monkey Butt

    Monkey Butt You can call me Chappy Staff Member

    It's all in fun.
     
  15. Inthegame

    Inthegame Well-Known Member

    Seems to be a lot missing here and as others pointed out there always is more than even two sides to a story. Just telling a sup you think something is dangerous won't normally get one fired. Did he refuse an order? If he walked away, UPS is most likely calling it insubordination, and if indeed he was terminated they(UPS) should have provided him the opportunity of a steward present. He might not be telling you the facts accurately. The company doesn't dictate when anyone can talk to a steward. How did he fill out a grievance without seeing a steward? He should get back unless there's more he's not talking about.
     
  16. grgrcr88

    grgrcr88 No It's not green grocer!

  17. grgrcr88

    grgrcr88 No It's not green grocer!

  18. satellitedriver

    satellitedriver Moderator Staff Member

     
  19. hypocrisy

    hypocrisy Banned


    Fixed it for you. I actually do admire my certificate, it's tacked right besides my Masters degree. I imagine yours fits quite nicely in the same frame as your G.E.D? :lips:
     
  20. Anonymous 10

    Anonymous 10 Guest

    Hello what the hell is a safety captain.