Camera Images Used For Evidence

Gabba

It's a vicious cycle
Someone is getting confused, and it is you.

It is Article 6 Section 8 of theNMUPSA. And it states that no one can be “discharged” based solely on data. Maybe you should have read what it says before you posted something based on your inaccurate recollection of some Article in some Contract somewhere.
that's exactly it. security camera footage is not "data". if it was, well everything would be "data" and what could possibly be the basis of a discharge that wasn't "data".
 

542thruNthru

Well-Known Member
Someone is getting confused, and it is you.

It is Article 6 Section 8 of theNMUPSA. And it states that no one can be “discharged” based solely on data. Maybe you should have read what it says before you posted something based on your inaccurate recollection of some Article in some Contract somewhere.

that's exactly it. security camera footage is not "data". if it was, well everything would be "data" and what could possibly be the basis of a discharge that wasn't "data".


"No driver shall be discharged based solely upon information received from GPS, telematics, or any successor system that similarly tracks or surveils a driver’s movements unless he/she engages in dishonesty (defined for the purposes of this paragraph as any intentional act or omission by an employee where he/she intends to defraud the Company). A driver’s failure to accurately recall what is reflected by the technology shall not by itself be considered dishonesty. The Company must confirm by direct observation or other corroborating evidence any other violations warranting discharge. The degree of discipline dealing with off-area offenses shall not be changed because of the use of the above-mentioned systems."
 
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Gabba

It's a vicious cycle
"No driver shall be discharged based solely upon information received from GPS, telematics, or any successor system that similarly tracks or surveils a driver’s movements unless he/she engages in dishonesty (defined for the purposes of this paragraph as any intentional act or omission by an employee where he/she intends to defraud the Company). A driver’s failure to accurately recall what is reflected by the technology shall not by itself be considered dishonesty. The Company must confirm by direct observation or other corroborating evidence any other violations warranting discharge. The degree of discipline dealing with off-area offenses shall not be changed because of the use of the above-mentioned systems."
yea. 100% it's hard to see how you think i'm wrong. video footage from a security camera falls into one of those two bolded categories. it's either " other corroborating evidence" or it's a " successor system that similarly tracks or surveils a driver’s movements". and I contend that video footage from security camera is not a successor to GPS or telematics, nor does it track the driver similarly to GPS or telematics. and I'm very confident that lawyers for the union would agree with me.

And I would strenuously advise you and everyone else to disabuse yourself of the idea that video footage from a security camera is categorically inadmissible evidence in a discharge action.
 
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542thruNthru

Well-Known Member
yea. 100% it's hard to see how you think i'm wrong. video footage from a security camera falls into one of those two bolded categories. it's either " other corroborating evidence" or it's a " successor system that similarly tracks or surveils a driver’s movements". and I contend that video footage from security camera is not a successor to GPS or telematics, nor does it track the driver similarly to GPS or telematics. and I'm very confident that lawyers for the union would agree with me.

And I would strenuously advise you and everyone else to disabuse yourself of the idea that video footage from a security camera is categorically inadmissible evidence in a discharge action.
I age that a camera is evidence that can be used against. Especially if it's not UPS equipment. My only point was that the language is about discharge not discipline.
 

Gabba

It's a vicious cycle
My only point was that the language is about discharge not discipline.
oh, ok. well poo, but that actually is just worse for us than what I was saying, because by that language it only prohibits it in the case of discharge. the language primarily gives a negative right rather than a positive right. and it doesn't prohibit it in the case of other discipline. though i would contend that any discipline based on telematics alone is legitimately disputable and a valid basis for a grievance that would likely be sustained and then overturn such discipline. are there any stewards here that have experience with this scenario?
 

542thruNthru

Well-Known Member

quad decade guy

Well-Known Member
Interesting discussion.

Everyone of the folks fired here is for stealing(dishonesty). There are the odd sexual harassment deals/violence.

So, all the firings are on IVIS/DIAD/GPS/camera(whatever). MOF all of our load/unload doors have cameras mounted right on the ventilation fans pointed at the trailer entrance. They're right there.

Point is....you really can't get fired unless you have a big accident. I've seen a few of those and they stick. Covering up an accident is dishonesty.

We've been over stealing time....

Electronics are used all the time to fire people.
 

Steamer

Well-Known Member
Interesting discussion.

Everyone of the folks fired here is for stealing(dishonesty). There are the odd sexual harassment deals/violence.

So, all the firings are on IVIS/DIAD/GPS/camera(whatever). MOF all of our load/unload doors have cameras mounted right on the ventilation fans pointed at the trailer entrance. They're right there.

Point is....you really can't get fired unless you have a big accident. I've seen a few of those and they stick. Covering up an accident is dishonesty.

We've been over stealing time....

Electronics are used all the time to fire people.
Funny how management can be dishonest daily for a multitude of things. But drivers can't even slide for a minor tire track line on the edge of a driveway in the grass with tree limbs hanging down on the opposite side. Just saying.

And no it wasn't me. I report every minor nothing. I have even sent small tree limbs being clipped off in. Some like to call it selective pruning.
 

Babagounj

Strength through joy

Wonder if he got his job back because the camera is not a employee of UPS
After reading this story, all I can say is that it seems like a typical low life response.
"My feelings were hurt and I want money scam "
Forward Latino are shakedown artists.
 

bottomups

Bad Moon Risen'
Interesting. I would have guessed he got his job back eventually.
He was never coming back. Gave up the fight last month. Books are closed.
In my opinion he didn't deserve to get his job back and I say that as a long time steward. He had more than enough warnings.
 
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