MonavieLeaker
Bringin Teh_Lulz
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Warning letters staying in file?
- Thread starter dillweed
- Start date
stevetheupsguy
sʇǝʌǝʇɥǝndsƃnʎ
c!
island1fox
Well-Known Member
Yes, and can you guess the answer ??
YES !!!!!!
It does not matter if warning letters or suspensions stay in an employee,s file or not.
I was involved in a precedent setting case involving a UPS driver and Local 804.
The employee was a six year employee with a drastic attendance record.
Because of good work by shop stewards and business agents --the driver was able to survive six years --but never improved his attendance.
At a discharge hearing in NYC the union presented opening arguments that he had been a safe and hard working driver for six years.
The Company opened with his attendance record for six years and mentioned only discipline taken on him the last nine months. The Company pointed out to the arbitrator that by contract they were not allowed to discuss discipline over the entire work period --but felt it had the absolute right to present the driver's entire record.
There was an uproar by the union attorney.
A seperate arbitration was held --which clearly upholds the right of the Company to review the entire work record of any employee ---discussing discipline only within the specied time period in the contract.
This was like giving the "sleeves" out of your vest.
Any Arbitrator can listen to the entire record and fill in the blanks for himself.
Moral of the story ??? You can figure it out for yourselves !!!!
Some will say it was the companies fault for the driver losing his job --others will say it was the unions fault!! How many will guess the right answer ?
705red
Browncafe Steward
Yes, and can you guess the answer ??
YES !!!!!!
It does not matter if warning letters or suspensions stay in an employee,s file or not.
I was involved in a precedent setting case involving a UPS driver and Local 804.
The employee was a six year employee with a drastic attendance record.
Because of good work by shop stewards and business agents --the driver was able to survive six years --but never improved his attendance.
At a discharge hearing in NYC the union presented opening arguments that he had been a safe and hard working driver for six years.
The Company opened with his attendance record for six years and mentioned only discipline taken on him the last nine months. The Company pointed out to the arbitrator that by contract they were not allowed to discuss discipline over the entire work period --but felt it had the absolute right to present the driver's entire record.
There was an uproar by the union attorney.
A seperate arbitration was held --which clearly upholds the right of the Company to review the entire work record of any employee ---discussing discipline only within the specied time period in the contract.
This was like giving the "sleeves" out of your vest.
Any Arbitrator can listen to the entire record and fill in the blanks for himself.
Moral of the story ??? You can figure it out for yourselves !!!!
Some will say it was the companies fault for the driver losing his job --others will say it was the unions fault!! How many will guess the right answer ?
First all, if this was an attendace termination, it was not the companies or unions fault, only the employee can control that.
The reason the Arbitrator allowed his record in was probably in rebuttal to the unions claim that the he was a hard working and safe driver. The union opened that door, if the union never would have siad that I dont believe t would have been let in.
When you hold arbitrations, you need to be very careful what you say and how you say it. Never say or ask anything that you do not know the answer to.
island1fox
Well-Known Member
705 RED ,
I respectfully disagree with you. While the contract states the company cannot discuss discipline past nine months ----It does not state the company cannot discuss the entire employees record over nine months --up to and including, safety, service , performance attendance etc. The contract is very clear on this issue ------discipline -----not the record of events. If you do not believe me --or disagree --check with Local 804 --this argument was put to bed by a very clear and direct arbitration decision. If I had an employee in the office and said to him in your presence --you still have an attendance problem this year ----just like last year when you took off nineteen Mondays and Fridays !!!
