Fired for something that happened a month ago?

Bubblehead

My Senior Picture
Did you serve your 1 day suspension?

Also you have 10 days to file a article 28.2 WRT wrongful termination grievance. Which you didn't do.

952 & 542 have an attendance/tardiness/NCNS agreement with UPS.

Attendance:
6 occasions verbal
7 occasions WL
8 occasions 1 day
9 occasions 3 day
10 occasions 5 day
11 occasions termination

NCNS
1st WL
2nd 1day
3rd termination

Progressive discipline must be followed in order.
....and they don't take your ID and walk you out for progressive attendance issues.

I'm not buying any of this guy's story.
 

nWo

Well-Known Member
Here if you call in 59 minutes before your shift they consider it a ncns. Sometimes stuff happens idk . And if your being forced in 6 days a week year round. Your attendance can really take a hit. Say I work 50 hours between Monday thru Friday then they tell me Thursday I'm being forced in Saturday. Friday after work I pass out on the couch without setting my alarm. Wake up 920 or something. And I get charged with a ncns. Effff off man. At some point your body is going to force you to rest.

Comment not necessarily related to the op's story. Just saying sometimes ncns are bull:censored2:.
 

MattM

Well-Known Member
Showing up drunk, or on drugs, or fighting/stealing is about the only thing where there is no progressive discipline involved. Everything else involves a documented talk/warning letter/1-3-5 day suspension

We have had a few ‘show up to work within 72 notice’ no calls for the true no call no shows. It’s a return to work notice. It’s crazy we’re given that much liberty. It usually applies to those in jail lol.

I feel there’s a vast difference between not ever calling and having a true no call no show, and calling in late, which would be just a no call. Some have shown up 2 hours late and somehow gotten away with it

It all feels random and weird now

We have one guy who has missed progressive discipline 3 times now because they forgot to send certified mail within 10 days or 5 days of the ‘infraction meeting’.

Just you do you and hope for the target not to be on your back

We have one guy with 90 lates for the year but no call ins or sicks, so he’s infraction free lol. But call in sick once or twice and it’s up to a 3 day.

Many know you call in sick three days in a row because it’s the same as 1 write up for one day.

You just have to know how to play the system or simply be a normal human being and you should be fine.

Something happened. Discipline needs to be handed down within 10 days. Some management doesn’t go by the book. It’s up to us. I applaud some of the dirt bags who know the book almost too well. It’s easier for them not to work then to work.
 

Whereistheunion

Well-Known Member
Hello! On 6/13 I went to work at my local hub, everything was normal as usual until I noticed my building manager by my unload trailer. He then began to question me and ask me if I was ok, trying to get a rise out of me. I told him that I was perfectly fine and I would appreciate if he leave me alone and work. He then tries to defend himself and say he is not harassing me. He then takes it a step further and says he is calling my steward over to talk with me.

About 5 minutes pass by and my steward and security show up at my unload door. The steward advises me to bring my belongings. When I got to the bottom of the ladder he said we were going to the building managers office to have a talk. When we get to his office he begins to question me about my attendance. My manager asked me what happened on 5/14 and why I didnt show up. I told him I dont know and then he proceeds to ask me for my UPS i.d. I talked with my steward for a minute and he told me that the manager is allowed to ask for my i.d which confuses me because they are bringing up something that happened a month ago, and I have gotten no letters in the mail.

The building manager then advises that I be escorted out of the building by security. On our way out we saw our BA walking in the door and stopped to talk with him for a minute. He said that he was going to keep in contact with me and reach out soon. Well, it has been a month since Ive been fired and I have recieved no information about what is going on.


No call or messages from UPS or my union. This whole situation seems fishy and I am not sure if the union is protecting me to the full extent. I messaged my steward 2 days ago and he says because I didnt file a grievance I'm pretty much done. I have been working with UPS for 5 years and still want my job. Are they doing me dirty by not going through the firing/grievance process or can I possibly be rehired? It is just hard for me to understand how they can use something against me a month ago when I even asked for time off, thank you for your time
Should've immediately filed a grievance when they walked you out, not sure if you can file now it would be considered untimely. That filed grievance is the ammo the union needs to fight for your job.
 

UpstateNYUPSer(Ret)

Well-Known Member
Here if you call in 59 minutes before your shift they consider it a ncns. Sometimes stuff happens idk . And if your being forced in 6 days a week year round. Your attendance can really take a hit. Say I work 50 hours between Monday thru Friday then they tell me Thursday I'm being forced in Saturday. Friday after work I pass out on the couch without setting my alarm. Wake up 920 or something. And I get charged with a ncns. Effff off man. At some point your body is going to force you to rest.

Comment not necessarily related to the op's story. Just saying sometimes ncns are bull:censored2:.
We do agree on the latter part of your last sentence-----"NC/NS are BS-----there is no valid reason not to at least call (no text) to let someone know that you will not be coming in to work today.
 

ups556

Member
Should've immediately filed a grievance when they walked you out, not sure if you can file now it would be considered untimely. That filed grievance is the ammo the union needs to fight for your job.
Prior to being escorted out I had talked to my steward about what was going on. I told him that management is saying I didn't file a grievance on 5/14 for no call no show and that the building manager wanted my i.d and to be escorted out. (6/14)

When I was being walked out my BA was walking into the building and my BA said he would be in contact with me and so did my steward. It seems as if the BA was more excited to walk into the building than deal with my case right then and there. The next day my shop steward said they filed the grievance.

I heard nothing from either sides for 3 weeks. So is it not fair to say that my Union was not representing me.

On top of that when I call my BA he says they filed the grievance for something else. He says they filed the grievance for having to do with behavior, which is a cover up from the incident I had a week prior where another employee hit me and I walked away. The building manager thought I was trying to cause problems.

So either my BA is misinformed or does not care about representing my case because I clearly communicated what the problem was in the brief 3 minutes we got to talk before I was escorted out. I told him my name, told him it was a termination for no call no shows and he said we will deal with it and we will be in communication with you. But he didn't even care to exchange numbers or get any other details.
 

ups556

Member
My BA sent me this saying this is the problem with them protecting me in this case. But if you read at the bottom it clearly states that All discipline should be given immediately upon the employees return to work Send in to Labor same day as given. So how are they able to hold this against me if the occurrence happened on 5/14 and I'm being terminated 6/14?
 

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Shift Inhibit

He who laughs last didn't get it.
My BA sent me this saying this is the problem with them protecting me in this case. But if you read at the bottom it clearly states that All discipline should be given immediately upon the employees return to work Send in to Labor same day as given. So how are they able to hold this against me if the occurrence happened on 5/14 and I'm being terminated 6/14?
@burrheadd what you think of this ? It’s gotta be about the physical altercation?
 

ups556

Member
It is pretty confusing. My steward was explaining to me after the altercation that they should have walked both of us out then and done an investigation but they did not. I showed up the next day to work not knowing if I was going to get stabbed in the parking lot because the employee that attempted to push me down a ladder in unload was still there the next day.

Im surprised I didnt NC/NS after that...
 

ups556

Member
This is in regard to the document my BA sent me. It clearly states All discipline should be given immediately upon the employees return to work. On top of that based on this information in the Western Regional Supplement Agreement, wouldn't that document he sent me be absolute?


PREAMBLE All language contained in this Supplement shall apply to all signatory Local Unions except where explicitly stated otherwise. Any lesser conditions contained in any Rider or Addendum shall be superseded by the conditions contained in this Agreement. However, except where specifically stated otherwise in this Agreement nothing in this Agreement shall deprive any employee of any superior benefit contained in their Rider or Addendum.

SECTION 2 - HANDLING OF DISCHARGES AND SUSPENSIONS Any case pertaining to a discharge or suspension shall be handled as follows: No employee(s) shall suffer suspension or discharge without the employee(s) having been given a written warning notice wherein the facts forming the grounds for such warning notice are clearly set forth. The facts therein set forth must be of the same type as those upon which such suspension or discharge is founded. All warning, suspension and discharge letters shall accurately set forth all relevant dates, Articles and violations relied upon by the Company for the disciplinary action being taken.

(b) Within ten (10) days of the occurrence of the alleged cause for discharge or suspension, the Employer shall give written notice by certified mail to the employee and to the Local Union of its decision - 225 - to discharge or suspend the employee, and such notice shall set forth the reason or reasons for the discharge or suspension. All suspension and discharge letters shall accurately set forth all relevant dates, Articles and violations relied upon by the Company for the disciplinary action being taken. If the Employer fails to give such written notice within the specified ten (10) day period, the right to discharge or suspend for that particular reason shall be waived. But this shall not preclude the Employer from introducing as evidence, should a subsequent discharge or suspension occur, any reason or reasons to substantiate unsatisfactory work performance arising out of circumstances which occurred during the nine (9) month period immediately preceding the date of discharge or suspension notice.



In my case this is not what happened. My building manager decided to over supervise me after my altercation with another employee and decided to test me. He was asking me questions while I was unloading and I said he is starting to harass me. He did not like the way I was talking to him so he fabricated this whole thing against me with evidence a month ago.

And how can I file a grievance on it myself if they never sent me letters in the mail for my NC/NS?
 

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ups556

Member
After the altercation, you were probably on probation. Did you misunderstand that part, were not told, or did you forget?
Was not told anything... After the altercation I was in the building managers office until an official came in 15 minutes later to take my side of the story. I left the office like nothing happened and returned the next day like nothing happened and nothing else was said to me until a week later when the manager confronts me, proceeding with him calling me to his office and terminating me for NC/NS
 

Bastiatian

No mean tweets
My BA sent me this saying this is the problem with them protecting me in this case. But if you read at the bottom it clearly states that All discipline should be given immediately upon the employees return to work Send in to Labor same day as given. So how are they able to hold this against me if the occurrence happened on 5/14 and I'm being terminated 6/14?
I think the real question is why did you wait until 7/22 to start looking for help?

Holy crap. If I was fired like that I'd be calling, leaving voicemails, and emailing my business agent at least once a week. Maybe once per day.
 

oldngray

nowhere special
I think the real question is why did you wait until 7/22 to start looking for help?

Holy crap. If I was fired like that I'd be calling, leaving voicemails, and emailing my business agent at least once a week. Maybe once per day.
It's like he didn't care about the job and later changed his mind. Might be a case of job abandonment.
 
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