stewards rights?

rebel · 02-23-2007, 08:43 PM

A customer gave management a statement about a drivers conduct while he was on duty. The driver was fired and he turned in a timely grievance. After the grievance was given to management our steward (who was not present when the employee was terminated) asked to see the statement so he could start his investigation. The company said he could not see it until the local. To do a investigation you would have to know what you are investigating. A alternate steward was present when employee was terminated and the statement was not read. The employee has been to deadlock panel and was fired and the stewards grievance has not had a local in 4 months. A local will be in a couple of weeks. Employee has been to 3 panels. Looking for your thoughts on why the union and company would not have a local on this. The company did question the employee so we did know what it was about.

Just Lurking · 02-23-2007, 10:22 PM

Quote:

Originally Posted by rebel

A customer gave management a statement about a drivers conduct while he was on duty.

Was the driver terminated for customer complaint or "serious offenses"?

Quote:

Originally Posted by rebel

The driver was fired and he turned in a timely grievance. After the grievance was given to management our steward (who was not present when the employee was terminated) asked to see the statement so he could start his investigation.

Neither the driver or steward knew what was on the concern? Does the driver have any idea what this customer would have a concern over?

Quote:

Originally Posted by rebel

The company said he could not see it until the local. To do a investigation you would have to know what you are investigating. A alternate steward was present when employee was terminated and the statement was not read.

Unfortunately, a steward is a steward just like a driver is driver. Once again The driver has no idea what this concern could have been over before the local hearing.

Quote:

Originally Posted by rebel

The employee has been to deadlock panel and was fired and the stewards grievance has not had a local in 4 months. A local will be in a couple of weeks. Employee has been to 3 panels.

How could this have been deadlocked to three panels without local hearing.
In our area we have local -> MO/KAN -> JAC -> National -> Arbritator.

Quote:

Originally Posted by rebel

Looking for your thoughts on why the union and company would not have a local on this. The company did question the employee so we did know what it was about.

With so many facts missing I do not think any one could gave a opinion. Most stewards do not like missing facts.

Case in point, company disciplined PT for attendance. He stated that he did not have attendance problem. Grievance filed. I told the easiest way to help himself was to clean up attendance before hearing. Told BA and myself again that he did not have attendance problem before hearing.
We go into hearing with 47 occurrences in previous nine months and four in the two weeks between grievance and hearing date. Always ask more details and hope for full answers.

rebel · 02-24-2007, 11:56 AM

1. The driver was terminated for sexual harassment. He has had no previous warning letters. He was terminated for just cause. . 2. Driver was brought in for questioning and told there had been a complaint and they had a statement from customer. The statement was not read . The driver was taken out of service and later terminated. The statement was not read at the time of termination. Yes we had a idea what the statement said but had not seen it. 3. First panel, the company claimed they had not recieved information from union. Driver showed up and the panel couldnt hear the case. Second panel deadlocked. Third panel terminated. 4. The drivers case did have a local hearing however the stewards grievance has not had a local hearing. It has been 4 months. Stewards grievance just asking to read statement so he would know what claims have been made so he could prepare for local hearing.

Channahon · 02-24-2007, 01:33 PM

Sometimes when a driver or any UPS employee is involved in sexual harassment, they may want to keep it quiet. Especially, if the employee is married.

A warning letter for sexual harassment? Is almost condoning the action, but will give the employee another chance to harass someone else?

A lot or our customers have cameras in their locations for security reasons, maybe the driver was on camera and didn't know it.

As far as the steward, doesn't sound like he has a good rapport with management or the drivers. Maybe time for a change?

rebel · 02-25-2007, 10:32 AM

Article 7 and 52 , yes a warning letter. Not any cameras. Good rapport or not, shouldnt the steward have a right to see the statement and have a local on his grievance? Just asking. The steward has stepped down because he did see a need for change. Customer is related do drivers wife and they have been friends for a long time.

over9five · 02-25-2007, 11:16 AM

"..they have been friends for a long time."

Are they still friends now that she got him FIRED???

Channahon · 02-25-2007, 12:09 PM

Quote:

Originally Posted by rebel

Article 7 and 52 , yes a warning letter. Not any cameras. Good rapport or not, shouldnt the steward have a right to see the statement and have a local on his grievance? Just asking. The steward has stepped down because he did see a need for change. Customer is related do drivers wife and they have been friends for a long time.

I don't have the answer for your steward.
You should contact your business agent regarding the steward's rights. He/She should be able to provide an answer for you.

runner45 · 02-25-2007, 12:56 PM

It sounds like to me the business agent and company labor relation agent are in bed together since the stewart grievance hasn't been heard in a timely manner

rebel · 02-26-2007, 06:24 PM

Looks like our former steward has shown up to work in a suite. I guess his rapport with management was better than we thought. I think we should hang him.

trickpony1 · 02-26-2007, 06:41 PM

Quote:

Originally Posted by rebel

Looks like our former steward has shown up to work in a suite. I guess his rapport with management was better than we thought. I think we should hang him.

Don't you know that has gotta be a moral victory for management to convert (subvert?) not only an hourly person but a union steward on top of that into their web.
I have pity for the guy.....he may not have known what he was getting into. How long will he last? Probably not long if he has a conscious.

runner45 · 02-26-2007, 06:49 PM

If you can't beat 'em then join 'em

SafetyFirstBob · 02-26-2007, 07:49 PM

I sure hope he has proper knee pads. I hear that management is ruff on the knees

more than 30 · 02-27-2007, 07:47 PM

What has happened to the weinie that filed the complaint...

Just Lurking · 02-27-2007, 09:44 PM

Quote:

Originally Posted by more than 30

What has happened to the weinie that filed the complaint...

Termination upheld according to Rebel in post #3.

more than 30 · 02-28-2007, 08:21 PM

You know, I bet 90% of drivers and all of management could be fired for getting too friendly with customers and co-workers if the truth was known.

HazMatMan · 03-01-2007, 04:38 AM

Quote:

Originally Posted by runner45

If you can't beat 'em then join 'em

No!! If you can't beat em, keep fighting them, eventually you'll win..

rebel · 03-01-2007, 05:56 PM

Great question, the weinie is the customers husband. He still works for UPS.

local804 · 03-01-2007, 06:05 PM

Quote:

Originally Posted by runner45

If you can't beat 'em then join 'em

lol Didnt your momma ever tell you never give up?

rancherchaos · 03-02-2007, 11:50 PM

I am a steward of the local 385 in Florida and i have been allowed to view employee records and such with no problems. I have been turned down for requested copies of employee records because it is a ups document and they would not let me leave the property with it. The employee can get copies of anything they have signed. I tell all of the hourly's to RTS(refuse to sign) everything. Eventually the paper flow comes to a stop and management will leave them along as long as they do the job by the methods.

tieguy · 03-03-2007, 12:51 AM

Quote:

Originally Posted by runner45

It sounds like to me the business agent and company labor relation agent are in bed together since the stewart grievance hasn't been heard in a timely manner

sounds to me like we have one of those freaky looking cases where the driver may have done something bizarre. Whats odd it the steward not having the details after four panel hearings?

Cole · 04-21-2007, 09:02 AM

The steward has rights to any info regarding your defense. Sometimes you have to put it in writing, and maybe even send a copy to the district labor manager. Sometimes they will bypass the steward and deal strictly with the ba, so send them (ba/local) a copy of the request for info and stay on them about the info you need.

I agree it sounds odd the steward had no knowledge and it went to panel even once, much less 3 times. The local level would be first usually, but maybe the panel kicked it back to them and told them to hammer it out through a local level, but then again 3 times? bizzarre!

705red · 04-21-2007, 09:11 AM

Its possible to go 3 times the company gets 1 hold the union gets 1 hold and the 3rd time its possible to get sent back to the parties to resolve after the facts were heard. But it sounds like his termination was upheld according to your post. Do you have anymore info?