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Driver accused of theft..
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<blockquote data-quote="BigUnionGuy" data-source="post: 3819573" data-attributes="member: 4992"><p>The "supposed value" is almost irrelevant at this point.</p><p></p><p>If you have admitted to signing for it.... that will be the main issue.</p><p></p><p></p><p></p><p></p><p></p><p>Don't bet the farm, on that making a difference.</p><p></p><p></p><p></p><p></p><p></p><p>Sounds like a Local level hearing.</p><p></p><p></p><p></p><p></p><p></p><p>If they gloss over the whole "signing for it" thing, then you are faced with the</p><p></p><p>company trying to have you reimburse them for any monies they have paid out.</p><p></p><p></p><p>In order to do that.... they must serve you with an Article 10 letter of their</p><p></p><p>intent to collect or seek discipline.</p><p></p><p><em></em></p><p><em>"No employee shall be disciplined or required to make reimbursement for lost or damaged parcels unless the Employer demonstrates that the employee, without justification or mitigation, violated pertinent established rules or policies, the observance of which would have prevented the loss or damage."</em></p><p><em></em></p><p><em>"An employee who is charged for loss or damage by the Employer shall not be subject to both discipline and reimbursement. The Employer will clearly notify the employee and the Union of its intent to either discipline or seek reimbursement. No employee shall be subject to discipline or reimbursement unless the Employer brings the loss or damage to the employee’s attention within fifteen (15) business days<u> after receiving a written shipper notice of claim</u>."</em></p><p><em></em></p><p><em></em></p><p><a href="http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf" target="_blank">http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf</a></p><p></p><p></p><p>The company is the <em>"moving party"</em> and are required to <u>prove</u> the amount they</p><p></p><p>paid on an insurance claim. There are so many established company policies</p><p></p><p>that were violated (by the company) reimbursement is unlikely, unless you agree to it.</p><p></p><p></p><p>Discharge/Termination for signing for the package, might be the route they</p><p></p><p>take.. and as long as you don't have a history of doing it.. there is a very low</p><p></p><p>chance a termination would stick. Suspension ? Oh yeah.</p><p></p><p></p><p>You didn't actually steal it.... right ?</p><p></p><p></p><p></p><p>-Bug-</p><p><em></em></p><p><em></em></p><p><em></em></p></blockquote><p></p>
[QUOTE="BigUnionGuy, post: 3819573, member: 4992"] The "supposed value" is almost irrelevant at this point. If you have admitted to signing for it.... that will be the main issue. Don't bet the farm, on that making a difference. Sounds like a Local level hearing. If they gloss over the whole "signing for it" thing, then you are faced with the company trying to have you reimburse them for any monies they have paid out. In order to do that.... they must serve you with an Article 10 letter of their intent to collect or seek discipline. [I] "No employee shall be disciplined or required to make reimbursement for lost or damaged parcels unless the Employer demonstrates that the employee, without justification or mitigation, violated pertinent established rules or policies, the observance of which would have prevented the loss or damage." "An employee who is charged for loss or damage by the Employer shall not be subject to both discipline and reimbursement. The Employer will clearly notify the employee and the Union of its intent to either discipline or seek reimbursement. No employee shall be subject to discipline or reimbursement unless the Employer brings the loss or damage to the employee’s attention within fifteen (15) business days[U] after receiving a written shipper notice of claim[/U]." [/I] [URL]http://teamster.org/sites/teamster.org/files/6161478090_master_final.pdf[/URL] The company is the [I]"moving party"[/I] and are required to [U]prove[/U] the amount they paid on an insurance claim. There are so many established company policies that were violated (by the company) reimbursement is unlikely, unless you agree to it. Discharge/Termination for signing for the package, might be the route they take.. and as long as you don't have a history of doing it.. there is a very low chance a termination would stick. Suspension ? Oh yeah. You didn't actually steal it.... right ? -Bug- [I] [/I] [/QUOTE]
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