Whither
Scofflaw
That's interesting. I wonder why "work issues" had any bearing on the result if the violence took place both off the clock and off company property.
Can you get fired for fighting coworker outside of work?
- Thread starter Imabear
- Start date
BrownFlush
Woke Racist Reigning Ban King
Yep.
If the law doesn't get involved (jail, arrested , ticketed, etc.)with anything you do off the clock and off the property, then there is no company involvement.
The issue it's over, how it's taken care of, and the end result, does not matter.
Over70irregs
Well-Known Member
No witness no foul. Make it quick….
quad decade guy
Well-Known Member
What theory did the company use to justify this? This was off property, off the clock? What language(exactly) did they use?
542thruNthru
Well-Known Member
Well we had a few different ones. We had two drivers that got in a fight after work on the street that was over a issue that had been building at work. They were in uniform and the one that got his butt kicked called the police which made it a whole other issue.
Another was we had two drivers that had been taunting and harassing each other for weeks that decided to walk outside of work before they were punched in and went across the street. A passer by recorded it and because of that and because it originated on property they were fired.
We also had threats being sent over txt between two drivers that was work related. It was brought to LP even though the txt were during the weekend. They were warned to stop. They then got in a fight weeks later and they were fired.
From what ive seen it all comes down to liability and if it originates at work. The company will terminate you and it will be up to panel.
Problem is the person that loses usually runs to the company instead of just taking the beating like a man and moving on. Members always want to get the company involved thinking they will take their side. The company doesn't take sides they just eliminate liability.
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quad decade guy
Well-Known Member
I do not see how a court or even a panel would/could legally terminate some one off the clock. Now, fighting at work, arguing whatever on the clock is a different story. But you couldn't be fired for across the street(off company property) and it stick or have any consequence. Now, wearing the uniform.......would like to see that language.....we are allowed to wear them off property...lot's of things happen in public...
zubenelgenubi
I'm a star
It's my understanding that the courts recognize a company's right to protect their image. If you are wearing a uniform off the clock, you are still seen as representing the company. I worked for another company that had a rule against stopping at a bar on the way home if you were still in uniform. It's not that hard to take the uniform shirt off.
542thruNthru
Well-Known Member
UnionStrong
Sorry, but I don’t care anymore.
When I started we were warned about even bad mouthing the company to customers.
zubenelgenubi
I'm a star
I'm pretty sure those clauses that require you to do things off the clock are unenforceble. That was bad negotiating.
quad decade guy
Well-Known Member
Ok. It has been alluded that fighting occurred outside of work uniformed or not. That maybe started at work or anywhere else. Again, no uniform/off property......started at work.....can the company fire you? Or can they fire you unproven started at work and no uniform/off property? Harassment etc.
"Unprofessional conduct" is liberally applied to many situations. Is this^ that?
Overpaid Union Thug
Well-Known Member
What are people fighting over? I’ve had words with plenty of drivers but never felt that any of what caused it was worth fighting over. I swear this job turns so many already weak minded men into emotionally unstable goons.
Dark_Team_135
Well-Known Member
Abstract
This paper reviews published arbitration awards dealing with fighting covering 1980 to 1990 as reported in the Bureau of National Affairs (BNA) and Commerce Clearing House (CCH). It attempts to show arbitral guidelines developed from the case sources. Where disagreement in approach to issues by arbitrators is noted, competing schools of thought are presented The majority of arbitrators define fighting as a physical encounter with the intent of offensively striking another person that must normally occur on company premises. For an employee to be considered acting in self‐defense s/he must have been assaulted by another employee and be of the mind that force is necessary to prevent bodily harm. Moreover, an employee acting in self defense must use only the amount of force necessary to protect himself or herself from danger. The right to discipline for off‐premises fights may be accorded to an employer when the fight is related to disagreements which have had their origins in the work place or is a continuation of a dispute occurring in the plant, or is otherwise clearly work‐related Discipline may also be issued when a supervisor is attacked away from the plant premises. A major factor leading to the mitigation of discipline can occur when both parties to a fight are determined to be equally guilty (i.e., there was no clear provocateur), but one is given a harsher penalty than the other. When assessing penalties imposed for fighting, arbitrators also take into account the length of service and/or the work record of an involved employee. The contrition or lack of contrition by one or both employees may also lead an arbitrator to modify or sustain the degree of the penalty imposed depending on the severity of the altercation. An arbitrator may reduce the degree of discipline based on management's failure to diffuse conditions leading to a fight when these are known in advance, or for inaction to break up a fight before it becomes serious.
This paper reviews published arbitration awards dealing with fighting covering 1980 to 1990 as reported in the Bureau of National Affairs (BNA) and Commerce Clearing House (CCH). It attempts to show arbitral guidelines developed from the case sources. Where disagreement in approach to issues by arbitrators is noted, competing schools of thought are presented The majority of arbitrators define fighting as a physical encounter with the intent of offensively striking another person that must normally occur on company premises. For an employee to be considered acting in self‐defense s/he must have been assaulted by another employee and be of the mind that force is necessary to prevent bodily harm. Moreover, an employee acting in self defense must use only the amount of force necessary to protect himself or herself from danger. The right to discipline for off‐premises fights may be accorded to an employer when the fight is related to disagreements which have had their origins in the work place or is a continuation of a dispute occurring in the plant, or is otherwise clearly work‐related Discipline may also be issued when a supervisor is attacked away from the plant premises. A major factor leading to the mitigation of discipline can occur when both parties to a fight are determined to be equally guilty (i.e., there was no clear provocateur), but one is given a harsher penalty than the other. When assessing penalties imposed for fighting, arbitrators also take into account the length of service and/or the work record of an involved employee. The contrition or lack of contrition by one or both employees may also lead an arbitrator to modify or sustain the degree of the penalty imposed depending on the severity of the altercation. An arbitrator may reduce the degree of discipline based on management's failure to diffuse conditions leading to a fight when these are known in advance, or for inaction to break up a fight before it becomes serious.
UnionStrong
Sorry, but I don’t care anymore.
I’ve seen fights in the bldg between drivers, no one reported it. I’m surprised it doesn’t happen more often.
What are people fighting over? I’ve had words with plenty of drivers but never felt that any of what caused it was worth fighting over. I swear this job turns so many already weak minded men into emotionally unstable goons.
Overpaid Union Thug
Well-Known Member
Idiots. $40/hr and they will throw it all away with childish and entitled behavior.
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542thruNthru
Well-Known Member
Well one was over totes if you believe it lol
What are people fighting over? I’ve had words with plenty of drivers but never felt that any of what caused it was worth fighting over. I swear this job turns so many already weak minded men into emotionally unstable goons.
Overpaid Union Thug
Well-Known Member
Oh I believe it. Sadly.
UnionStrong
Sorry, but I don’t care anymore.
T
Totes are a valuable commodity
PT 4 Life
Most-Hated Member
What are people fighting over? I’ve had words with plenty of drivers but never felt that any of what caused it was worth fighting over. I swear this job turns so many already weak minded men into emotionally unstable goons.
I’ve seen people get into over petty stuff. One time over simply not flipping labels up on the pick off smh lol
What'dyabringmetoday???
Well-Known Member
I beg to differ. We had a guy get canned for calling another employee on the weekend "giving him crap" for getting first guy in some trouble at work. Never got job back. Of course- we likely have the weakest representation in the entire union...
