OK here we go! I have not wanted to post on this because management does read this and some of you are to dam good! You guys have helped management in some cases argue their side, so i choose to wait so i wasn't preparing a case against ups and my fellow cafer's.
Long story short. The grievant in this case was fired from his full time job because of attendance for having to take time off for court. On January 20th under the advice of his public defender he accepted a plea agreement and plead guilty and was put on probation.
On January 22nd he was again fired by ups for the same incident. He was scheduled for panel in February. The same day of his panel hearing he also had his first probation meeting, which he was late to. The p.o. had him arrested and incarcerated for a week for being late. He was unable to make it to panel or notify us.
We the union took a union hold on the case in February. Yesterday was panel and the grievant made it. Now remember we now having a sitting arbitrator to expediter the discipline cases. His case was heard and it was deadlocked by the panel. The company had made it clear that he was scheduled for panel last month and had not made so they were not responsible for his lost wages.
The arbitrator ruled that he would return to his next scheduled shift with no back pay.
Finally thie employee can now move on with his life and get this behind him.
You can not discipline an employee twice for the same incident! Its called double jeopardy!
This was the first termination case that i presented at panel, and i will take my hats off to any union agent that does do the right thing by the members! Preparing this case was time consuming with research and reading arbitration rulings and legal definitions, etc.
These guys earn every penny they make!
