Sitting Arbitrator

[screamin chicken]

Originally Posted by 705red

This past Thursday was the first time that we had a fifth man (arbitrator) sitting at our discipline hearings. We had three cases that we heard.

The first case was a 32 year employee who was fired for dishonesty. The company accused him of stealing time, 2minutes hear 2 minutes there. This case was the first that was heard and took 2 and a half hours to be presented. The case was deadlocked by the panel and the arb broke the tie.
Grievant was put back to work!

Second case was a tug driver at O'Hara who hit a pothole and broke the windshield and blew out a tire. He reported the damage and was fired for not reporting an accident. Again the panel was deadlocked and the arb broke the tie.
Greivant was put back to work!

Third case was an air driver that slid on snow/ice in to an intersection and was involved in a serious accident. She was fired for gross negligence. Again the panel was deadlocked and the arb broke the tie.
Grievant was put back to work!

I encourage all locals to get this sitting arbitrator in their language! All three of these employees would have been out at least 18 months waiting on arbitration!

My case was not so lucky, when I was a preloader I topped out at 12.31 hr., my first day in my 30 day ride I was dropped down to 11.03 hr. I got a pay roll history dated in 03 and finally my union came back with theres noting we can do.

[mnnice]

Originally Posted by 705red

Yesterday was another panel date, and we had 4 more terminations to be heard.

First case was an employee who was sent for a reasonable cause testing and falsified his employment application 8 years ago. Reinstated by arbitrator

Second case was an employee who was fired for dishonesty. He was coming back from break late. His grievance was upheld by the arbitrator but not for coming back from break late, his overall record at ups. This employee could have possibly been the worst employee ever!

Third case was a driver who was fried for not reporting an accident immediately! He scratched his truck on a Friday night and could not find a sup to report it to. He reported it Monday morning first thing. Reinstated 1 day suspension and 33 days of back pay by arbitrator

Fourth case was my guy, fired twice for stealing the same cell phone. Reinstated by arbitrator

That's two months now and 7 employees are back to work that would have been out pending an arbitration for over a year.

How can we allow a person the right to steal a cell phone twice and still be an employee at UPS? If you feel good about this, there is a true problem with the union supporting a person that steals. What did you truly win here? The right for the person to steal the same cell phone a third time so we can deal with it again.

[Jones]

Originally Posted by mnnice

How can we allow a person the right to steal a cell phone twice and still be an employee at UPS? If you feel good about this, there is a true problem with the union supporting a person that steals. What did you truly win here? The right for the person to steal the same cell phone a third time so we can deal with it again.

Just because UPS fired him for the stealing the cell phone doesn't mean he really did steal a phone. If the company had been able to prove that he really was a thief, he would not have been re-instated.

[705red]

Originally Posted by mnnice

How can we allow a person the right to steal a cell phone twice and still be an employee at UPS? If you feel good about this, there is a true problem with the union supporting a person that steals. What did you truly win here? The right for the person to steal the same cell phone a third time so we can deal with it again.

You have to be in management! You believe everything that they tell you! He was fired twice for stealing the same phone without any proof!

He was suspended and returned to work by a panel of ups and union reps! He was again terminated for the same phone! You can not discipline an employee twice for the same infraction!

If ups wanted to wait fro the courts to play out, they should have put him back to work with all back pay, not disciplining him for it last year!

If ups had proof that he stole it we would not be talking about this, but they didnt! And yes i feel great about getting him his job back!!!!!

[mnnice]

Originally Posted by 705red

You have to be in management! You believe everything that they tell you! He was fired twice for stealing the same phone without any proof!

He was suspended and returned to work by a panel of ups and union reps! He was again terminated for the same phone! You can not discipline an employee twice for the same infraction!

If ups wanted to wait fro the courts to play out, they should have put him back to work with all back pay, not disciplining him for it last year!

If ups had proof that he stole it we would not be talking about this, but they didnt! And yes i feel great about getting him his job back!!!!!

I suppose we will be reading your report in a month telling us that this same employee stole the same cell phone again and got his job back. If he didn't learn his lesson the first time when he was suspended and tried it again, what does that tell you about the character of this person?

[brownman15]

Originally Posted by mnnice

I suppose we will be reading your report in a month telling us that this same employee stole the same cell phone again and got his job back. If he didn't learn his lesson the first time when he was suspended and tried it again, what does that tell you about the character of this person?

do you know this person. if not u cannot make any judgments on his character.

[705red]

Originally Posted by mnnice

I suppose we will be reading your report in a month telling us that this same employee stole the same cell phone again and got his job back. If he didn't learn his lesson the first time when he was suspended and tried it again, what does that tell you about the character of this person?

Am i typing to fast for you?

HE WAS NEVER CAUGHT STEALING THE PHONE, THE 1ST TIME OR THIS LAST TIME!

HE WAS FIRED TWICE OVER THE SAME PHONE!

WOULD IT HELP IF I SPELLED IT OUT IN ANOTHER LANGUAGE FOR YOU?

[UPSNewbie]

Originally Posted by mnnice

How can we allow a person the right to steal a cell phone twice and still be an employee at UPS? If you feel good about this, there is a true problem with the union supporting a person that steals. What did you truly win here? The right for the person to steal the same cell phone a third time so we can deal with it again.

Originally Posted by mnnice

I suppose we will be reading your report in a month telling us that this same employee stole the same cell phone again and got his job back. If he didn't learn his lesson the first time when he was suspended and tried it again, what does that tell you about the character of this person?

Have you ever heard of "innocent until proven guilty"?

It's not "innocent OR guilty in the public eye." There has to be facts to prove that he stole it. Whether he did steal it or not, the accuser did not provide facts to back up their accusation. At the bare minimum, that's what Red was defending--UPS accusing out of convenient timing. We don't know this person. It's not up to us to be the judge. We aren't--at least shouldn't be--in the court of public opinion.

And from my understanding, he didn't "steal it twice." He had a phone in his possession, disciplined. Discipline waived, and being right no matter what, UPS disciplined again.

[705red]

For the second time this year we had NO terminations at panel this month. Two out of four months so far. This sitting arbitrator is worth every penny!

[thelus]

Originally Posted by 705red

For the second time this year we had NO terminations at panel this month. Two out of four months so far. This sitting arbitrator is worth every penny!

yup we now joke about this now here at addison. we call unjust disciplin delayed payed vactions now.