I was termed today.

[oldngray]

 

[Signature Only]

Texas may allow you to record conversations, but UPS does not.

That is a dischargeable offense in and of itself.

I suggest you do not mention that recording, especially if you end up getting your job back.

Not much your steward can do except to make sure you file a grievance.

Disagree. A collective bargaining agreement cannot supersede local, state or federal law.
Regardless of UPS's stated position, if Texas state law allows recording of conversations, an individual cannot be punished by availing themselves of said statute.

 

[bleedinbrown58]

My steward declined to help. I asked him if I had to turn over my badge when asked and he nodded yes.

The long story short is I was asked questions, and the people asking the questions didn't like my answers. So they reported it as harassment. I also made an off color joke to a coworker, about another coworker that was being inconsiderate. 3rd party had a beef with me already, over heard it, and reported.

My understanding is I have about a day to file. My steward didn't help at work. I kind of think this is more to exclude me from all the hours going on over peak. Still have to go through the paper work. Can anyone point me in the right direction?

The interesting thing is I have reported issues that I felt were harassing or discriminating and ups has done nothing to my knowledge. They may have talked to the people, but a while later they just started doing it again.

Could you be a little MORE vague in your story??

 

[BigUnionGuy]

Disagree. A collective bargaining agreement cannot supersede local, state or federal law.
Regardless of UPS's stated position, if Texas state law allows recording of conversations, an individual cannot be punished by availing themselves of said statute.

Are you a Lawyer ?

Or, are you availing financial compensation.... for your "opinion" ??

Don't do drugs

Some people are.



-Bug-

 

[Ashell]

The whole cancer thing reminded me of a good story. UPS denied my ADA. I never even had a meeting with the regional health and safety manager. The my fulltimer's fulltimer said I should go on short term disability, saying I "might" make more because of all the DS I had done for 2013. 3 of the 6 days didn't count and the other 3 were paid at 50%. If UPS ever says might or maybe or possibly, they are trying to get you to fool yourself. So UPS did not accommodate me while I was going through cancer. Breast cancer awareness month comes round and a coworker is handing out pink ribbons. I flat out told my fulltime sup, that she shouldn't wear that ribbon. Don't you dare say you support people with cancer when you clearly don't support people working, going through cancer. She said,"maybe I have had cancer." I'm pretty sure anyone who had been through something so ty wouldn't say or do any of that. Maybecarsinoma I called it. How pathetic.

edit: I even filed a grievance on this. I said I would happily make her a replacement ribbon that said,"I support my company's legal liability" In brown and gold.

For anyone on the side lines reading this, you really don't understand the depth of how horrible these people are.

 

[Faceplanted]

Your a racist. There is no proof any where any race is more violent than any other race. There are skewed numbers from a system who mostly think the way you have about any "other" race. Your entitled to your own opinion, ups can not agree with your skewed view and they don't have to put up with it. I can for probably the first and last time ever say that ups did the right thing here.

See ya at the Nike outlet at the check out counter next time I go buy some Jordan's

 

[BigUnionGuy]

For anyone on the side lines reading this, you really don't understand the depth of how horrible these people are.

Do you wish (now).... you were a member of the Union ?



-Bug-

 

[Mugarolla]

Disagree. A collective bargaining agreement cannot supersede local, state or federal law.
Regardless of UPS's stated position, if Texas state law allows recording of conversations, an individual cannot be punished by availing themselves of said statute.

Disagree all you want. It is a fact.

Bug posted a link a month ago. Google is your friend.

Here is another one.

https://www.bgdlegal.com/news/2013/...oyees-and-covert-recordings-in-the-workplace/

This ruling is for Indiana, Kentucky and Ohio, but I'm sure you will find the same thing for Texas.

Bottom line, an employer may implement a no recording policy, regardless of a one, or two party state law.

UPS has a no recording policy and it is a dischargeable offense.

 

[Octave]

I was taught that while ignorance of law is not an excuse, ignorance of policy is. Yet, upon searching I couldn't find anything...my GoogleFu is lacking on this topic, damn legal speak cluttering up the results. This was from one of my courses in college regarding writing policy for Information Security so it could have only been relevant there, but if you can prove you were never informed of the no recording policy it may be an excuse. Also found it interesting that an employer can monitor their property with cameras without consent, yet not audio. Our laws are weird.

Not that it matters, if this was the case they'd only excuse the act of recording and the recording itself would likely be inadmissible in court. Also pretty sure it was in all the legal stuff we agreed to when we took the job.

 

[olroadbeech]

If I'm fired just for recording it, might as well post it up on reddit.

For anyone saying I did something horrible. It might have been in bad taste. I think it has far more to do with that the person of another race's mom is higher up in the hub management. I really feel though, if someone asks I have every right to give my honest opinion.

if i were UPS, you would be toast also.

 

[FrigidFTSup]

I would have fired you too. What Dominic said about you at 625 is pretty accurate.

 

[10 point]

I was taught that while ignorance of law is not an excuse, ignorance of policy is. Yet, upon searching I couldn't find anything...my GoogleFu is lacking on this topic, damn legal speak cluttering up the results. This was from one of my courses in college regarding writing policy for Information Security so it could have only been relevant there, but if you can prove you were never informed of the no recording policy it may be an excuse. Also found it interesting that an employer can monitor their property with cameras without consent, yet not audio. Our laws are weird.

Not that it matters, if this was the case they'd only excuse the act of recording and the recording itself would likely be inadmissible in court. Also pretty sure it was in all the legal stuff we agreed to when we took the job.

Will the company be able to prove that rule was made clear and/or that the employee was directed to the site or poster where the no recording policy was posted? If the HR rep or supe had to read the harassment policy to him before this issue they evidently do that for a reason as well.
Otherwise, they wouldn't have to read it at all but just reference the policy that was allegedly presented to the employee upon hiring him.
Won't the company have to prove that he willfully broke rules (he was aware of) that were a condition of employment in regards to recording devices?

Note: your link answered the question. It must be made clear, descriptive of the instruments not allowed (examples), and the punishment for breaching the rules.

Good luck with that.

 

[clean hairy]

The Steward was willing to help you, all you had to do was stop recording.
You declined the help by refusing to stop recording.
I give the Steward props trying to help a person not even IN the union!

 

[olroadbeech]

The Steward was willing to help you, all you had to do was stop recording.
You declined the help by refusing to stop recording.
I give the Steward props trying to help a person not even IN the union!

he has to but he doesnt have to try too hard.

 

[FrigidFTSup]

he has to but he doesnt have to try too hard.

He doesn't have to try too hard. But he made every effort to try to help. Sounds like he even called a higher up.

Ours probably would have just said "Well, good luck to you."

 

[Jones]

Can't believe I listened to that whole thing. What a train wreck.

 

[Ashell]

Its might not be clear. I didn't do a hidden recording. I was called into the conference room with, hub manager, some guy I don't really know who he was, security and steward. I took out my recording device and placed it on the table. They did not review a no recording policy like they did the anti harassment policy. They did not ask me to stop or put it away, so I feel like it was implicitly allowed. Now I guess that steward has his own policy.

 

[FrigidFTSup]

Now I guess that steward has his own policy.

He tried to help you and you basically told him to screw off. The only agenda getting in the way of the whole situation is yours.

I seriously can't believe you wouldn't listen to someone who could help you get your job back. You're either ignorant, stupid, or both.

 

[UpstateNYUPSer(Ret)]

The "guy I don't really know who he was" was most likely the division labor manager.

They most likely let you record the conversation in the hopes that you would hang yourself, which you most certainly did.

 

[Brownslave688]

He tried to help you and you basically told him to screw off. The only agenda getting in the way of the whole situation is yours.

I seriously can't believe you wouldn't listen to someone who could help you get your job back. You're either ignorant, stupid, or both.

Actually I know a few people like this guy. He thinks he's smarter than everyone in the room and tries to prove it.

All of these people I know while very bright are unemployed and living with their parents even in their 40's and 50's