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Unjust / progressive discipline
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<blockquote data-quote="Mugarolla" data-source="post: 1423303" data-attributes="member: 8481"><p>There is progressive discipline. Warning letter, suspension, discharge. Except for cardinal sins that can go immediately to discharge. The cardinal sins are listed in Article 17.</p><p></p><p>There are too many people at UPS that think a driver must first be given a verbal warning. There is only one exception that UPS must give a verbal warning first, before issuing a warning letter. That is attendance. They have to give you a verbal first.</p><p></p><p>Anything else, they can issue you a warning letter for. Some are so stupid, that if grieved, they are thrown out.</p><p></p><p><strong>ARTICLE 17-DISCHARGE OR SUSPENSIONS</strong></p><p><strong></strong></p><p>The Employer shall not discharge nor suspend any employee without</p><p></p><p>just cause. No employee shall be suspended or discharged without</p><p></p><p>first being given (1) warning letter of a complaint and also be given a</p><p></p><p>local level hearing except for the following offenses</p><p></p><p>(a) dishonesty;</p><p></p><p>(b) drinking of, or under the influence of alcoholic beverage or</p><p></p><p>narcotics during the workday <strong>pursuant to National Master Article 35</strong>;</p><p></p><p>(c) personal possession or use of drugs, marijuana or L. S. D.</p><p></p><p>during the workday <strong>pursuant to National Master Article 35</strong>;</p><p></p><p>(d) <strong>serious accidents pursuant to National Master Article 18, Section 3</strong>;</p><p></p><p>(e) the carrying of unauthorized passengers while on the job;</p><p></p><p>(friend) failure to report an accident that the driver had or should have had</p><p></p><p>knowledge of;</p><p></p><p>(g) an avoidable runaway accident;</p><p></p><p>(h) failure to turn in all monies collected on that day; or,</p><p></p><p>(i) other <strong>cardinal </strong>offenses, the Company and the Union agree that</p><p></p><p>there are offenses where an employee may be suspended in lieu of discharge.</p><p></p><p>47</p><p></p><p>With the above exceptions, no employee who is discharged or suspended</p><p></p><p>shall suffer any loss of pay or benefits until the grievance procedure has</p><p></p><p>been completed. The Employer liability will stop:</p><p></p><p>(a) if the discharge is sustained;</p><p></p><p>(b) if the Union fails to follow the procedure;</p><p></p><p>In an effort to expedite the resolution of a discharge or suspension</p><p></p><p>grievance filed by an employee, the Union shall make itself</p><p></p><p>available for a hearing within ten (10) days of a request by the Employer.</p><p></p><p>If the grievance is deadlocked at the local hearing, the Local or</p><p></p><p>State Committee shall hear the case at the next scheduled meeting.</p><p></p><p>If the grievance is deadlocked, the JAC shall hear the case at</p><p></p><p>the next scheduled or special JAC.</p><p></p><p>If the JAC does not resolve the case, it shall be submitted to</p><p></p><p>the last step of the CRT procedure. The warning letter, as herein</p><p></p><p>provided, shall be given to the employee with a copy of said letter</p><p></p><p>to the appropriate local union within ten (10) days of knowledge</p><p></p><p>of said complaint and shall not remain in effect for a period of</p><p></p><p>more than nine (9) months from date of said warning letter.</p><p></p><p>Discharge or suspension must be by proper written notice to the</p><p></p><p>employee <strong>as per current practice. The proper written notice will also</strong></p><p></p><p><strong>be given to the Local Union and may be transmitted electronically. </strong>Any</p><p></p><p>employee may request an investigation of his/her discharge or suspension.</p><p></p><p>When a customer makes a formal complaint against an employee</p><p></p><p>and the Employer investigates and finds either merit or substance to</p><p></p><p>the complaint, the complaint shall be reduced to writing. The complaint</p><p></p><p>shall be discussed with the employee and the employee shall</p><p></p><p>have the right to have a steward present. The employee shall have</p><p></p><p>the right to respond to the complaint, in writing, and this response</p><p></p><p>shall also become part of the employee’s official record.</p><p></p><p>The Employer agrees that when conducting an interview with an</p><p></p><p>employee, the Employer will not proceed with the interview after they</p><p></p><p>have made the determination to discipline or the employee reasonably</p><p></p><p>contemplates discipline, without the presence of a steward or alternate</p><p></p><p>steward. At this point, the interview will not continue until the steward</p><p></p><p>48</p><p></p><p>or alternate steward is present. The employee may waive representation</p><p></p><p>by the steward or alternate steward, in writing, and a copy shall be sent</p><p></p><p>to the local union.</p></blockquote><p></p>
[QUOTE="Mugarolla, post: 1423303, member: 8481"] There is progressive discipline. Warning letter, suspension, discharge. Except for cardinal sins that can go immediately to discharge. The cardinal sins are listed in Article 17. There are too many people at UPS that think a driver must first be given a verbal warning. There is only one exception that UPS must give a verbal warning first, before issuing a warning letter. That is attendance. They have to give you a verbal first. Anything else, they can issue you a warning letter for. Some are so stupid, that if grieved, they are thrown out. [B]ARTICLE 17-DISCHARGE OR SUSPENSIONS [/B] The Employer shall not discharge nor suspend any employee without just cause. No employee shall be suspended or discharged without first being given (1) warning letter of a complaint and also be given a local level hearing except for the following offenses (a) dishonesty; (b) drinking of, or under the influence of alcoholic beverage or narcotics during the workday [B]pursuant to National Master Article 35[/B]; (c) personal possession or use of drugs, marijuana or L. S. D. during the workday [B]pursuant to National Master Article 35[/B]; (d) [B]serious accidents pursuant to National Master Article 18, Section 3[/B]; (e) the carrying of unauthorized passengers while on the job; (friend) failure to report an accident that the driver had or should have had knowledge of; (g) an avoidable runaway accident; (h) failure to turn in all monies collected on that day; or, (i) other [B]cardinal [/B]offenses, the Company and the Union agree that there are offenses where an employee may be suspended in lieu of discharge. 47 With the above exceptions, no employee who is discharged or suspended shall suffer any loss of pay or benefits until the grievance procedure has been completed. The Employer liability will stop: (a) if the discharge is sustained; (b) if the Union fails to follow the procedure; In an effort to expedite the resolution of a discharge or suspension grievance filed by an employee, the Union shall make itself available for a hearing within ten (10) days of a request by the Employer. If the grievance is deadlocked at the local hearing, the Local or State Committee shall hear the case at the next scheduled meeting. If the grievance is deadlocked, the JAC shall hear the case at the next scheduled or special JAC. If the JAC does not resolve the case, it shall be submitted to the last step of the CRT procedure. The warning letter, as herein provided, shall be given to the employee with a copy of said letter to the appropriate local union within ten (10) days of knowledge of said complaint and shall not remain in effect for a period of more than nine (9) months from date of said warning letter. Discharge or suspension must be by proper written notice to the employee [B]as per current practice. The proper written notice will also[/B] [B]be given to the Local Union and may be transmitted electronically. [/B]Any employee may request an investigation of his/her discharge or suspension. When a customer makes a formal complaint against an employee and the Employer investigates and finds either merit or substance to the complaint, the complaint shall be reduced to writing. The complaint shall be discussed with the employee and the employee shall have the right to have a steward present. The employee shall have the right to respond to the complaint, in writing, and this response shall also become part of the employee’s official record. The Employer agrees that when conducting an interview with an employee, the Employer will not proceed with the interview after they have made the determination to discipline or the employee reasonably contemplates discipline, without the presence of a steward or alternate steward. At this point, the interview will not continue until the steward 48 or alternate steward is present. The employee may waive representation by the steward or alternate steward, in writing, and a copy shall be sent to the local union. [/QUOTE]
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