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Driver leaves in underwear
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<blockquote data-quote="dannyboy" data-source="post: 552568" data-attributes="member: 484"><p>First, I would bet that the conversation went something like this.....</p><p> </p><p><span style="color: red">I told you to double park.</span></p><p> </p><p><span style="color: blue">And I said it was illegal to do so.</span></p><p> </p><p><span style="color: red">Do it anyway.</span></p><p> </p><p><span style="color: blue">I'm not going to, its illegal.</span></p><p> </p><p><span style="color: red">Well then you are fired for insubordination and failure to follow instructions.</span></p><p> </p><p><span style="color: blue">Well then, I'm out of here if I'm fired, I'm going home</span></p><p> </p><p><span style="color: #ff0000">Not in your browns your not, you know the rules.</span></p><p> </p><p><span style="color: blue">really, that so? No problem, here you go, see you later.</span></p><p> </p><p><span style="color: black">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? </span></p><p> </p><p><span style="color: #000000">Nope. </span></p><p></p><p><span style="color: #000000">And there lies the rub. </span></p><p> </p><p><span style="color: #000000">UPS will portray him as a nut job, one has refused to follow instructions and then resorts to acting out.</span></p><p> </p><p><span style="color: #000000">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.</span></p><p> </p><p><span style="color: #000000">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.</span></p><p> </p><p><span style="color: #000000">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.</span></p><p> </p><p><span style="color: #000000">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.</span></p><p> </p><p><span style="color: #000000">So basically the company could fire him for several issues.</span></p><p> </p><p><span style="color: #000000">Job abandonment because he had a reasonable expectation of knowing the sup did not have the authority to fire him as well as</span><span style="color: #000000"> 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.</span></p><p> </p><p><span style="color: #000000">Secondly, for failure to follow instructions, or insubordination.</span></p><p> </p><p><span style="color: #000000">Thirdly, for the very stupid action of taking his clothes off in public.</span></p><p> </p><p><span style="color: #000000">Only the second one <u><strong>might </strong></u>be defensible at a hearing. </span></p><p> </p><p><span style="color: #000000">I think what you have here is a sup pushing the buttons, and a very stupid driver that let him.</span></p><p> </p><p><span style="color: #000000">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. </span></p><p> </p><p><span style="color: #000000">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.</span></p><p> </p><p><span style="color: #000000">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.</span></p><p> </p><p><span style="color: #000000">As a steward, BA etc, how then do you defend against that? </span></p><p> </p><p><span style="color: #000000">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.</span></p><p> </p><p><span style="color: #000000">And if it goes before an arbitrator, he is gone.</span></p><p> </p><p><span style="color: #000000">d</span></p></blockquote><p></p>
[QUOTE="dannyboy, post: 552568, member: 484"] First, I would bet that the conversation went something like this..... [COLOR=red]I told you to double park.[/COLOR] [COLOR=blue]And I said it was illegal to do so.[/COLOR] [COLOR=red]Do it anyway.[/COLOR] [COLOR=blue]I'm not going to, its illegal.[/COLOR] [COLOR=red]Well then you are fired for insubordination and failure to follow instructions.[/COLOR] [COLOR=blue]Well then, I'm out of here if I'm fired, I'm going home[/COLOR] [COLOR=#ff0000]Not in your browns your not, you know the rules.[/COLOR] [COLOR=blue]really, that so? No problem, here you go, see you later.[/COLOR] [COLOR=black]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? [/COLOR] [COLOR=#000000]Nope. [/COLOR] [COLOR=#000000]And there lies the rub. [/COLOR] [COLOR=#000000][/COLOR] [COLOR=#000000]UPS will portray him as a nut job, one has refused to follow instructions and then resorts to acting out.[/COLOR] [COLOR=#000000][/COLOR] [COLOR=#000000]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.[/COLOR] [COLOR=#000000]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.[/COLOR] [COLOR=#000000]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.[/COLOR] [COLOR=#000000]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.[/COLOR] [COLOR=#000000]So basically the company could fire him for several issues.[/COLOR] [COLOR=#000000]Job abandonment because he had a reasonable expectation of knowing the sup did not have the authority to fire him as well as[/COLOR][COLOR=#000000] 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.[/COLOR] [COLOR=#000000]Secondly, for failure to follow instructions, or insubordination.[/COLOR] [COLOR=#000000]Thirdly, for the very stupid action of taking his clothes off in public.[/COLOR] [COLOR=#000000]Only the second one [U][B]might [/B][/U]be defensible at a hearing. [/COLOR] [COLOR=#000000]I think what you have here is a sup pushing the buttons, and a very stupid driver that let him.[/COLOR] [COLOR=#000000]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. [/COLOR] [COLOR=#000000]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.[/COLOR] [COLOR=#000000]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.[/COLOR] [COLOR=#000000]As a steward, BA etc, how then do you defend against that? [/COLOR] [COLOR=#000000]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.[/COLOR] [COLOR=#000000]And if it goes before an arbitrator, he is gone.[/COLOR] [COLOR=#000000]d[/COLOR] [/QUOTE]
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