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Brown Cafe UPS Forum
UPS Union Issues
Fired and union did not accurately represent me.
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<blockquote data-quote="The Other Side" data-source="post: 824743" data-attributes="member: 17969"><p>Crow,</p><p> </p><p>We dont know all the facts, but its an easy puzzle to figure out. There are blanks to fill, but using the highest "probability" we can fill them in and make the story almost complete.</p><p> </p><p>The NRLB will be of NO USE to this poster. The Union did nothing wrong. The stewards, BA's or Officers do not file the ORIGINAL GRIEVANCE for any issue, and its the AGRIEVED who must file the original protest within 10 working days from the date of the termination. The poster would have had to contact his local while in jail, meaning, the BA would have had to go to the jail and recieve the grievance, give the company notice, hold a hearing at the first opportunity after he was released from jail, be denied, hold a local hearing with the labor officer for the company, be denied, taken to arbitration (if the local has this agreement) be denied, then once this is exhausted, he can be free to contact the NLRB and explain where he was denied representation.</p><p> </p><p>The NRLB will NOT entertain a complaint like this (and take it from me, ive dealt with this many times) and would reject his complaint on the basis of his arrest and failure to handle his own personal business first.</p><p> </p><p>There is a term used at the NRLB when determining legitimacy of a complaint. The complainant must come to them with "clean hands" in order to file a charge against a Union officer or Business Agent.</p><p> </p><p>This means, the person who wants to file a complaint must have done everything right and the union did not follow the protocol for representation. Obviously, this driver did not do everything right from the start. We do not know if he had a local hearing (he did not state so) we do not know if he had a meeting with labor (he did not state so) we do not know if he even filed a grievance challenging the termination (he did not state so).</p><p> </p><p>He does state that a meeting was held OUT OF STATE, and to a union officer, this means it went to a panel hearing. If this is true, in order to get to a panel hearing, it would have to be "docketed" after a denial at the local level.</p><p> </p><p>Only someone with knowledge of union protocol can you guess or assume that this is the case. He does not have to be present at a panel hearing. Either way, he was denied and there is nothing he can claim the union did wrong in representing him. If the Union can demonstrate that they held a grievance hearing, a local hearing and panel hearing and he was denied, the NLRB will help him out by showing him the door he walked in.</p><p> </p><p>If the Union can demonstrate that the poster did NOT file an appropriate grievance within 10 working days of his termination then the NLRB will bounce the complaint.</p><p> </p><p>We cant always assume our members are INNOCENT. We cant win every fight. We can present the best case possible when the facts suggest there is a case to be fought.</p><p> </p><p>Who knows what this guys story is, we are fighting amongst ourselves and this poster has not contributed any additional information. We have all contributed a point of view, we have all asked questions in our posts and yet the poster hasnt answered a single one of them.</p><p> </p><p>At this point, lets see if he will address some of the missing parts of his story and stop arguing with each other.</p><p> </p><p>With years of experience, I can only volunteer an opinion based on practical working knowledge and not guesswork.</p><p> </p><p>Lets have the poster contribute a little more to the story before we work on each other.</p><p> </p><p>Peace.</p></blockquote><p></p>
[QUOTE="The Other Side, post: 824743, member: 17969"] Crow, We dont know all the facts, but its an easy puzzle to figure out. There are blanks to fill, but using the highest "probability" we can fill them in and make the story almost complete. The NRLB will be of NO USE to this poster. The Union did nothing wrong. The stewards, BA's or Officers do not file the ORIGINAL GRIEVANCE for any issue, and its the AGRIEVED who must file the original protest within 10 working days from the date of the termination. The poster would have had to contact his local while in jail, meaning, the BA would have had to go to the jail and recieve the grievance, give the company notice, hold a hearing at the first opportunity after he was released from jail, be denied, hold a local hearing with the labor officer for the company, be denied, taken to arbitration (if the local has this agreement) be denied, then once this is exhausted, he can be free to contact the NLRB and explain where he was denied representation. The NRLB will NOT entertain a complaint like this (and take it from me, ive dealt with this many times) and would reject his complaint on the basis of his arrest and failure to handle his own personal business first. There is a term used at the NRLB when determining legitimacy of a complaint. The complainant must come to them with "clean hands" in order to file a charge against a Union officer or Business Agent. This means, the person who wants to file a complaint must have done everything right and the union did not follow the protocol for representation. Obviously, this driver did not do everything right from the start. We do not know if he had a local hearing (he did not state so) we do not know if he had a meeting with labor (he did not state so) we do not know if he even filed a grievance challenging the termination (he did not state so). He does state that a meeting was held OUT OF STATE, and to a union officer, this means it went to a panel hearing. If this is true, in order to get to a panel hearing, it would have to be "docketed" after a denial at the local level. Only someone with knowledge of union protocol can you guess or assume that this is the case. He does not have to be present at a panel hearing. Either way, he was denied and there is nothing he can claim the union did wrong in representing him. If the Union can demonstrate that they held a grievance hearing, a local hearing and panel hearing and he was denied, the NLRB will help him out by showing him the door he walked in. If the Union can demonstrate that the poster did NOT file an appropriate grievance within 10 working days of his termination then the NLRB will bounce the complaint. We cant always assume our members are INNOCENT. We cant win every fight. We can present the best case possible when the facts suggest there is a case to be fought. Who knows what this guys story is, we are fighting amongst ourselves and this poster has not contributed any additional information. We have all contributed a point of view, we have all asked questions in our posts and yet the poster hasnt answered a single one of them. At this point, lets see if he will address some of the missing parts of his story and stop arguing with each other. With years of experience, I can only volunteer an opinion based on practical working knowledge and not guesswork. Lets have the poster contribute a little more to the story before we work on each other. Peace. [/QUOTE]
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Fired and union did not accurately represent me.
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