Harassment/Fit for duty "On Topic"

quad decade guy

Well-Known Member
I have been told "you're :censored2:ed" after filing grievances and then also received a text from the manager saying he wants to fire me. After local grievance hearing about this nothing was resolved. It was just a big run around. I was told that our BA is worried about the way the labor manager is acting and thinks he is going to try to send me to get tested to see if I am fit to be able to do my job. Does anyone have any experience about this?


Experience about what? I'm sorry, what's the subject? Are they calling you physically or mentally

unfit? Anyone help me here? What happened?
 

542thruNthru

Well-Known Member
They are trying to say I am mentally unfit to do the job because I said that their intimidation and harassment was messing with my mental state of mind. Also I do not do any illegal drugs. I also have been on light duty for the past two weeks because I worked as instructed and scanned while walking which ended with me falling on concrete steps.

I wouldn't worry about it. Just quit saying that and keep filing.
 

olroadbeech

Happy Verified UPSer
I have been told "you're :censored2:ed" after filing grievances and then also received a text from the manager saying he wants to fire me. After local grievance hearing about this nothing was resolved. It was just a big run around. I was told that our BA is worried about the way the labor manager is acting and thinks he is going to try to send me to get tested to see if I am fit to be able to do my job. Does anyone have any experience about this?
yes. know your rights, know your contract , have a steward or BA on your side. stick up for yourself. don't back down or show fear.

it's a jungle out there. if you can't take it , then quit to keep your sanity. it's survival of the fittest at this company.

oh , ya. talk to some ol timers. they will tell you the best way to deal with things is to not care. when they realize this they will leave you alone. But you must do your job and be clean.
 

BigUnionGuy

Got the T-Shirt
You need at least 2 witnesses to say you are acting suspicious in order for them to hit you with a fit for work drug test. One sup cannot do this on his own. I have a friend in package who knows a driver in his center that got hit with one after he and the center manager got into it. He pissed hot for marijuana and was fired. He is going to panel over it and will more than likely get his job back for the sole reason of the 2 witness rule.

Art. 35, Sec. 3.8


"The employee’s conduct must be witnessed by at least two (2) supervisors, if available."


Don't count on that.

You test hot on reasonable cause.... good luck with that.
 

Yeet

Not gonna let ‘em catch the Midnight Rider
"The employee’s conduct must be witnessed by at least two (2) supervisors, if available."


Don't count on that.

You test hot on reasonable cause.... good luck with that.
Even so, it says black and white that a first offense is a warning letter.
 

Wally

BrownCafe Innovator & King of Puns
I have been told "you're :censored2:ed" after filing grievances and then also received a text from the manager saying he wants to fire me. After local grievance hearing about this nothing was resolved. It was just a big run around. I was told that our BA is worried about the way the labor manager is acting and thinks he is going to try to send me to get tested to see if I am fit to be able to do my job. Does anyone have any experience about this?
Guys in my building have sued and won for less. You sue the company and the managers.
 

Yeet

Not gonna let ‘em catch the Midnight Rider
That's not what it says.
Ok so I had to read it again. It’s been a while since it’s not something I need to worry about. So what I understand from it, if you have a positive urine sample you can request a blood sample and if that is negative, it’s a warning letter?
 

BigUnionGuy

Got the T-Shirt
So what I understand from it, if you have a positive urine sample you can request a blood sample and if that is negative, it’s a warning letter?


Bingo.

I've never won an Article 35 case on probable cause.... at both the State or

Regional level. Unfortunately, I can't count how many times I've dealt with it.
 

olroadbeech

Happy Verified UPSer
you test positive.....you're done.

if you are dirty you can request going to a rehab ( before you are tested ) and keep your job. That is the case at my old hub . we had a guy do that. when he came back to work they tested him several times a month for over a year. they still may be testing him monthly or more since i retired.

it's going to get worse now that pot is being legalized everywhere. doesn't mean you can still use it and be a driver at UPS. They have a ZERO tolerance for drugs , alcohol , and even prescription drugs if they can prove that you are impaired. DWI can be for almost anything that impairs you. even fatigue.

sorry , got off the subject.....
 
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