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19 year ups driver fired for flat tire in melville ny building
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<blockquote data-quote="The Other Side" data-source="post: 820425" data-attributes="member: 17969"><p>In reality , I am not sure if I believe this story but, a couple of issues here. </p><p> </p><p>First, once the tire was deflated, the DRIVER makes the call to proceed or stop the truck. Article 18 of the national master agreement gives the driver the AUTHORITY to stop the car if "HE" feels the conditions of the car are unsafe for himself or to the public. The company CANNOT overide this decision.</p><p> </p><p>Regardless, the act of terminating him for alledgedly striking something is NOT a charge that can stick. First of all, there are no established investigative tools the company has other than someones "ASSUMPTION". Unless the company can produce a witness, video or some kind of substantiation of "negligence" on the drivers part, there is no case. A bent rim doesnt not suffice as proof, as a tire being in a deflated condition will automatically cause the rim to fail and bend going up and down on driveways.</p><p> </p><p>If the story holds as true, this is merely a case where this driver is in "BAD" terms with his center operator and the company will use the discharge process to cause him harm over and over knowing full well that he will be returned to duty. The intended action is to cause this driver financial loss and maybe change his attitude.</p><p> </p><p>There's alot more to this drivers story than we have been told, and I am sure its littered with discipline. </p><p> </p><p>He does have rights though, and it begins with article 18. If he protested continuing driving on the flat to the company, and the company insisted on his continuance, then <strong>ALL</strong> the responsibility for any subsequent damage falls onto the company.</p><p> </p><p>Its that easy. A slam dunk in arbitration or even a local hearing.</p><p> </p><p>There is no way the company can place blame on the driver for ANY damage after they made the call to authorize the continuance of the operation of the vehicle with a flat tire.</p><p> </p><p>Article 18 is something every driver should know and understand.</p><p> </p><p>Peace.</p></blockquote><p></p>
[QUOTE="The Other Side, post: 820425, member: 17969"] In reality , I am not sure if I believe this story but, a couple of issues here. First, once the tire was deflated, the DRIVER makes the call to proceed or stop the truck. Article 18 of the national master agreement gives the driver the AUTHORITY to stop the car if "HE" feels the conditions of the car are unsafe for himself or to the public. The company CANNOT overide this decision. Regardless, the act of terminating him for alledgedly striking something is NOT a charge that can stick. First of all, there are no established investigative tools the company has other than someones "ASSUMPTION". Unless the company can produce a witness, video or some kind of substantiation of "negligence" on the drivers part, there is no case. A bent rim doesnt not suffice as proof, as a tire being in a deflated condition will automatically cause the rim to fail and bend going up and down on driveways. If the story holds as true, this is merely a case where this driver is in "BAD" terms with his center operator and the company will use the discharge process to cause him harm over and over knowing full well that he will be returned to duty. The intended action is to cause this driver financial loss and maybe change his attitude. There's alot more to this drivers story than we have been told, and I am sure its littered with discipline. He does have rights though, and it begins with article 18. If he protested continuing driving on the flat to the company, and the company insisted on his continuance, then [B]ALL[/B] the responsibility for any subsequent damage falls onto the company. Its that easy. A slam dunk in arbitration or even a local hearing. There is no way the company can place blame on the driver for ANY damage after they made the call to authorize the continuance of the operation of the vehicle with a flat tire. Article 18 is something every driver should know and understand. Peace. [/QUOTE]
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19 year ups driver fired for flat tire in melville ny building
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