Fellow driver got a DUI

[Johney]

Again I don't know how it works in Cali but the fastest I've ever seen anyone get a work permit license after being charged with DUI is at least a week and that was through a very good attorney.

 

[Necropostophiliac]

Where's Necropostophilliac? I've told that story before.....

Sleeping sorry

 

[Johney]

Another thing how in the hell did he get a DUI and still be able to show up for work the next day? The people I know who have gotten DUI's spend at least 24 hrs in the can. Again Cali maybe different. Isn't weed sorta legal out there? No telling how they do things.

 

[dilligaf]

Yeah, I know what you all are thinking... yeah, he has this friend.. Lol I would think that too, but anyway I'm a 23 year driver and an under 10 year driving friend of mine told me he got a dui last night.

He is old school and has no computer, so I told him I'd do my best to gather a little info for him to chew on over the weekend. Honestly I saw it coming for him but when your advise falls on deaf ears what can you do? My Sister in Law was killed by a drunk driver over 20 years ago, so the dui deed doesn't sit well with me

He is lucky that nothing/no one got hurt. He was just driving carelessly. He has been in touch with, and made an appointment with a Teamster Attorney which filled him in on some basic info:

He said UPS has a new policy of a one week live in rehab requirement, and seemed bummed. I was thinking hell yeah!

I guess when it happens they take your license and you can drive for 30 days, after which you have to wait 30 days of no driving untill you work out some kind of work only license.

My questions for him would be, who should he tell..our center manager is off on family leave and he(my friend) drove today (it happened last night) The more I think about the fact that he worked today without telling management has me worried..

Will ups have any options of work for him that 30 day period of absolutely no driving? He is understandably stressing..

So, any advise I can relay to him. And any advise for me as a friend that cares about this guy?? He has a problem, I just hope this "wake up call" as he put it is enough to shake his act up. Anything I can say or do as a positive support??

Thanks guys/gals so much!!

Oh btw, here in the armpit of California we are being abused like everywhere else, and lied to as we watch our manager use safety hours to put people on road to put out fires...ugh!!

Art 35 Sect 2 in the Nat Master. "In the event an employee shall suffer a suspension or the revocation of the right to drive an Employers equipment for any reason, the employee must notify the employer before their next report to work. Failure to comply will subject the employee to disciplinary action up to and including termination............"

 

[browniehound]

Yikes, I have to take some of that back.

Someone just reminded me that I once ratted someone out. I saw a driver doing something so stupidly dangerous, that had a high chance of getting someone killed that I had to.

The first thing I said when I reported it was "I'm telling you this because I would hold myself responsible if someone dies because of this".

Judgement call.

I hear ya over9five as I'm confused on this issue myself. To rat or not to rat? If the DUI happened in the past (which obvioulsy it had to for you or I to know about it) then nothing you say can change the status of the safety of the general public. The threat already happened and luckily nobody was killed. So I believe we should mind our business on something like this and not rat.

However, if you witness an employee doing something on the job that might kill somebody or has a good chance of killing somebody, I think you should tell. Still, this sounds like being a rat, but if innocent lives are on the line, who gives a Front Door about being a rat. The life that could be lost will be someone's child, mother, father, etc.

Nobody likes a rat, but if your behavior has the pontential to kill my daughter, I don't give a shingle what you think about rats.

 

[UpstateNYUPSer(Ret)]

Art 35 Sect 2 in the Nat Master. "In the event an employee shall suffer a suspension or the revocation of the right to drive an Employers equipment for any reason, the employee must notify the employer before their next report to work. Failure to comply will subject the employee to disciplinary action up to and including termination............"

First of all--welcome back. I missed you.

Second--what are the obligations, if any, of a fellow employee who has knowledge of the DUI and the failure to report?

 

[rocket man]

we have 3 on inside duty for the same reason.

 

[Bubblehead]

Would the OP also be complicit in that he has knowledge of his "friends" DUI and failed to report it?

No we are not obliged to tell on our co-worker, as well, we forbidden to bring reproach on a fellow Teamster.

 

[toonertoo]

No where in Robos post does it say he knew of it before the guy worked. So his defense if needed was he found out after. From this point on, the guy needs to tell the sup, the sup will contact the acting center manager. It is water under the bridge, it cannot be undone.
Seriously I dont know how anyone gets a dui any more. Aside from the fact they could kill someone, the dui is a money maker for everyone. Lawyers, insurance companies, states and municipalities are filling their coffers with money from speeding, drunks, etc.
Stop on the way home, buy your beverages, go home and be with your family.
If you stop at the "beer garden" to socialize, drink coffee, tea, water or soda. Its alot more fun when you walk out the door of that bar, to have nothing to worry about.

 

[Bubblehead]

Holy !2$3*! I'm really worried about him now I was hoping to gather up at least nothing more than info, and hate that I have uncovered this 'knowledge'.

The conundrum; now I have 2 situations where I 'should' be speaking but now want to keep my mouth zipped! I wish he never told me a thing, since It feels like I'm being told to rat him out, as well as the fact as a friend I should let him know all the bad news! I am not the only driver he told, since he let me know he also told a shop steward who didn't know what to do, as well as 1 or 2 more. I know that(shop steward) sounds fishy but I may not have the complete truth as we spoke for all of 5 minutes after work Friday,

So, at least for now I have no 'obligation' to rat him out till Monday morning if he stays zipped. I will however find a way to encourage him to step up and speak...after I mull it over in my own head.

From what he told me in the short talk, in sounded as if he said the police took his license and gave him an interim license that allows him to drive for 30 days before the 30 days of no driving whatsoever commences. He did also tell me he spoke to the attorney, who told him about the 30 days 'grace' if you will then the no drive 30. I bet in my tired state of mind the info got mixed up, since I can't imagine the police telling him he could drive as well as having the authority to supply him with a paper "grace period" license. My guess is that if type of grace exists, it would have to be handed over in a courtroom.

If the latter is the case, that was simply knowledge I can only assume he learned of AFTER punching in and calling said attorney on break the day after the incident.

Crap Crap Crap...I doooon't want to be the bearer of bad news! Crap!! But, I did ask for the info. I was not prepared to tell him how bad it most likely is..

Regardless, even if he lost his job, he carlessness could have ended up a lot worse..

Thanks everyone for giving me your honest opinions/truths in light of my unclear speculations. I will fill everyone in as this progresses, so that even if it turns out bad for my buddy, this might be a thread of knowledge to help others get back on the straight and narrow.

It's not your problem.
Don't tell on him.
The Union could bring you up on charges if you do.
Never listen to UpState.

Your buddy will be fired, and it will stick, if UPS ever finds out about this.
His only hope is that they never find out and he prevails in court.
If he doesn't have his license, he is breaking the law to the maximum extent driving a UPS truck.
Your buddy has a bag full of problems.

 

[dilligaf]

First of all--welcome back. I missed you.

Second--what are the obligations, if any, of a fellow employee who has knowledge of the DUI and the failure to report?

Aaaah, missed you too.


As to your question, there is nothing addressed directly to this in the contract. That is the way it should be. The Union will not take sides when it comes to issues between hourlies. Of course UPS would love to have hourlies reporting on each other but since there is nothing in the contract it cannot be brought up (or used against). This is a difficult situation. I have no love loss for driver's who get DUI's, especially those that have had verbal warnings (OP) about such. As far as I am concerned, the driver deserves to lose his job. We are held to a higher standard and we get paid well to be held to that higher standard. As far as reporting it, I have never been in that situation, but I believe that if I were put in that situation - I would go to the offender and give him the option. If he doesn't follow through then I would.

PS - Anyone who doesn't like my comments can stick it. DILLIGAF

 

[dilligaf]

It's not your problem.
Don't tell on him.
The Union could bring you up on charges if you do. NO, they will not touch this with a 10ft pole.
Never listen to UpState.

Your buddy will be fired, and it will stick, if UPS ever finds out about this.
His only hope is that they never find out and he prevails in court.
If he doesn't have his license, he is breaking the law to the maximum extent driving a UPS truck.
Your buddy has a bag full of problems.

You are wrong.

 

[UPSGUY72]

we have 3 on inside duty for the same reason.

They got lucky apparently they fell into Article 16. Section 3.1 , 3.2 or 3.3. If you loose your licence for more than 1 year they don't have to find you an inside job they can terminate you...

 

[Bubblehead]

You are wrong.

Didn't say they would, I said they could.

 

[Bubblehead]

Aaaah, missed you too.


As to your question, there is nothing addressed directly to this in the contract. That is the way it should be. The Union will not take sides when it comes to issues between hourlies. Of course UPS would love to have hourlies reporting on each other but since there is nothing in the contract it cannot be brought up (or used against). This is a difficult situation. I have no love loss for driver's who get DUI's, especially those that have had verbal warnings (OP) about such. As far as I am concerned, the driver deserves to lose his job. We are held to a higher standard and we get paid well to be held to that higher standard. As far as reporting it, I have never been in that situation, but I believe that if I were put in that situation - I would go to the offender and give him the option. If he doesn't follow through then I would.

PS - Anyone who doesn't like my comments can stick it. DILLIGAF

Unlike, not sticking it.

I do agree that he does deserve to lose his job since he didn't report it to management in the prescribed time frame.
Add in working a day on top of it? Wow.

In the end it's still not the OP's place to bring it to managements attention.

 

[brownIEman]

Seems to me this guy actually may have a small glimmer of hope. If his driving privileges were suspended and he drove the next day without telling anyone - yea, clearly he is toast. However, from what the OP is saying there is a chance he still actually had driving privileges the day he came back to work, so it might not be a slam dunk, as driving privileges seem to be the central issue of the article dilligaf quoted. He needs to fess up and quick though.

I believe bubblehead is correct, I thought someone once posted here an excerpt from union bylaws that allowed a member to be kicked out of the union for informing to management information that could lead to harm to another member. Then again, I think dilligaf is also likely correct that most union operatives would not want to touch a DUI case such as this.

That said, as a member of management, I would not feel that RoBo had any sort of ethical obligation to inform to management about his friend. I do not see this as an imminent peril situation, as the dangerous behavior has already occurred, and there is no evidence present that such behavior has or would occur during the course of his work duties. He absolutely should encourage his friend to do the right thing and report the incident. He may have a glimmer of a chance, but that small chance fades with each day he fails to report.

 

[barnyard]

As to your question, there is nothing addressed directly to this in the contract.

Yes it is.

Article 35 Section 2 (page 88 in the contract book)

The driver should have reported it before he clocked in the next day. According to the contract: action up to and including discharge.

He is done.

The OP does not need to say anything, in fact he/she probably should not. Do not even appear to be part of this guy's crapstorm.

I would stay as far away from the whole situation at possible.

Several years ago, a driver in my center got a DUI. He called in sick the next day and then several hours later, he called to say he had a DUI. Turned out a driver supe knew about it and was waiting 24 hours to fire the guy.

 

[barnyard]

They got lucky apparently they fell into Article 16. Section 3.1 , 3.2 or 3.3. If you loose your licence for more than 1 year they don't have to find you an inside job they can terminate you...

That is correct.

Here, the court will frequently allow a driver to get their license back 1 day short of a year so that the DUI driver can maintain FT employment. I have seen that happen with 3 drivers. All 3 used the same attorney. He evidently argued that by extending the sentence, the court was further punishing the driver by costing them their job.

Personally, I think it is wrong, but I am not that worked up to write a letter to a legislator.

 

[dilligaf]

Yes it is.

Article 35 Section 2 (page 88 in the contract book)

The driver should have reported it before he clocked in the next day. According to the contract: action up to and including discharge.

He is done.

The OP does not need to say anything, in fact he/she probably should not. Do not even appear to be part of this guy's crapstorm.

I would stay as far away from the whole situation at possible.

Several years ago, a driver in my center got a DUI. He called in sick the next day and then several hours later, he called to say he had a DUI. Turned out a driver supe knew about it and was waiting 24 hours to fire the guy.

BY - I did post this already and if you will reread Dave's post you will see that my answer was directed to his question of the union taking sides between member issues (ad lib).

BrownIE - the union will protect (theoretically) the employee with the DUI but they don't want to (I have had my BA flat refuse) get involved in issues between members. What you say about what is in the by-laws may very well be true. I don't know the by-laws. If this is correct then I stand corrected on part of my statement.

 

[barnyard]

Well.

Nevermind.