Atlantic sup. Article 39, section 3 par.2
It is agreed that in all cases of unauthorized strike, slow down, walkout or any unauthorized cessation of work in violation of this agreement, the Union shall not be liable for damages resulting from any unauthorized action of its members. While...(my wording the union will make every effort to get them back to work), it is understood that the employer shall have the sole and complete right of dicipline, including the soleand complete right to discharge any employee participating in any unauthorized strike, slowdown, walkout or any other cessation of work AND SUCH EMPLOYEE SHALL
NOT BE ENTITLED TO HAVE ANY RECOURSE TO ANY OTHER PROVISIONS OF THIS AGGREEMENT.
I added the bold print. Now correct me If I read that the wrong way. He was entitled to union representation in the meeting on Thursday when they fired him. Since they charged him with the unauthorized strike/walkout according to the contract, he is no longer covered or had the rights to any provisions under the contract, including to be represented.
A bit more background, without giving away any particulars:
He has been fired, as he most proudly claims, 8 times and has allways gotten his job back. One time was for urinating into the back of one of the package cars he was loading. He has also, as I was shown Thursday before the meeting, written out what they have determined was a physically threatening letter to management, and even signed it for them. And at the meeting he wanted management to appologise for them discriminating against him amd making him take work off other drivers.
So far this month he has worked 8 days of which 6 he worked much less than 8 hours but got paid for 8, and the other 2 worked 9.5+. Funny thing is they have it on file, he can run 95 stops and be back in the building in 6.5-7 hours, but give him 100-105 on the same route and it takes him 9.5 or more to get them off.
Also he pulled a stunt very simular to this 4 weeks ago, when he went to his package car at start time, looked at it, went to the del sup, and said that he was sick, he wouldnt be working today, turned around and went home. They let that one pass without any action. Like I said this time was different because he had punched in, and then just walked off the job.
HE had 42 unsheduled days off last year, most of them mondays and fridays, giving him many long weekends, but yet he claims they are working him too hard and long.
And since he has a real penchant for violence(was arrested on felony spousal abuse last year, and just finished the anger management classes),starting at lunch yesterday there were armed guards with dogs at each entrance to the property, and they took out a restaining order against him.
So while part of me wants to help him try and keep his job, reality says its gone, thanks to his stupidity and attitude. When I talked to him today, he still stated that he did nothing wrong to be fired over, and thinks they need to appologize to him. I feel like the cop that tried to get the guy to put the gun down and away from his head, but he pulled the trigger anyway. Not much left, and nothing to work with.
OR am I missing something?
d