First, I would bet that the conversation went something like this.....
I told you to double park.
And I said it was illegal to do so.
Do it anyway.
I'm not going to, its illegal.
Well then you are fired for insubordination and failure to follow instructions.
Well then, I'm out of here if I'm fired, I'm going home
Not in your browns your not, you know the rules.
really, that so? No problem, here you go, see you later.
Now, the issue lies not that he is on or off the clock. The issue is would someone that is logical enough to refuse to double park, then going to take his pants off?
Nope.
And there lies the rub.
UPS will portray him as a nut job, one has refused to follow instructions and then resorts to acting out.
IF it can be handled in house, the driver will get/or should get his job back. If it goes all the way, no chance.
And with 30 years in, he would be expected to know that an on road does not have the power to fire him, period. So now you are logically looking at job abandonment.
So really you have an employee that all he is wanting to do is make a point to UPS. That he does not have to do something the sup tells him to do that is illegal.
But he goes about it the wrong way. And this action as is usual, takes the focus off of UPS and their wrong doing, and focuses all the attention to what he ended up doing. Which was also very very wrong.
So basically the company could fire him for several issues.
Job abandonment because he had a reasonable expectation of knowing the sup did not have the authority to fire him as well as anyone that is on road is on the clock until such a time as management has relieved him of his duty and is taken back to the building(notice that there is a lack of evidence in this area), he just walked off.
Secondly, for failure to follow instructions, or insubordination.
Thirdly, for the very stupid action of taking his clothes off in public.
Only the second one might be defensible at a hearing.
I think what you have here is a sup pushing the buttons, and a very stupid driver that let him.
Now, you bring up the point that the disrobing in public was done not as a UPS employee, but as a private citizen. I would refer you to the job abandonment issue.
A hard core management team would make it stick, he was a UPS driver at the time he took off his clothes, he knew that the sup did not have the authority to fire him, and for sure not on the spot, and that he acted out by quiting and taking his clothes off in public, something that is frowned upon by UPS.
Please note, I dont mention that management asked him to do anything wrong, and will down play that down all the way to the last hearing.
As a steward, BA etc, how then do you defend against that?
That they asked him to do something wrong? Like I said, he took the focus off what UPS did wrong, and his actions overshadowed everything else.
And if it goes before an arbitrator, he is gone.
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