I was termed today.

Status
Not open for further replies.

clean hairy

Well-Known Member
I have a feeling after playing the recording for family and friends, they pretty much told him what we have said.
I would guess he is too embarrassed to come back and tell us we were right.
 

upssouth

Well-Known Member
It wasn't a "hearing".

From the OP's (original and subsequent) post, it was an inquiry.

Based, on a complaint.

Right ?


To be fair....

I understand, what you are alluding too.



-Bug-
I love it when you're in a hearing and management goes no no no it's not a hearing. That's when I get up and take the guy I'm representing and walk out. If it's not a hearing were leaving
 

Mugarolla

Light 'em up!
This dude is trolling right?

There is no way someone is this :censored2:ing stupid.

As a typical employee, you don't see that much stupidity and can't believe someone can be so stupid.

As a steward, you see much more and find it incomprehensible how so many people can be so stupid.
 

Signature Only

Blue in Brown
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.
You're correct. Bad choice of words.

What I meant to convey was the concept of the law being stable but never standing still. Even if Texas law did not
allow recording of conversations, once an individual has suffered injury because of said law or UPS's policy; the door is open to seek redress.

The concept is as old as our nation and numerous laws that were once upheld at the state and national level have been subsequently overturned by the U.S. Supreme Court. Gideon v. Wainright, Katz v. U.S. which overturned previous U.S. Supreme Court rulings Olmstead v. U.S. and Goldman v. U.S. to name a few.

Then there are the true landmark decisions that change the nation as a whole. Brown v. Board Of Education Topeka and Miranda v. Arizona.

We can never just sit back and say "Well the law says this or that so that's the way it is." If we believe something is wrong and are willing to fight for change then the system has to listen, eventually. It takes money, most of the time, and lots of time and energy and maybe we won't be around when our case is heard but it's a crucial undertaking.

Even one lone individual with an 8th grade education can effect change as Clarence Gideon did by writing the U.S. Supreme Court with pencil and stationary from a Florida prison. In March of 1963 the Court agreed with Gideon and because of his actions, a lawyer is now appointed to represent you if you can't afford one.


Or in extreme cases the U.S. constitution can be amended as the nation did by passing the 21st amendment which repealed the 18th...so now we can all drink our alcohol in peace.

And that sounds like a good idea right now....

Oh by the way, the National Labor Board issued a ruling just before the end of last year addressing this issue:

In reversing the ALJ’s decision, the Board reasoned that Section 7 protects photography and audio or video recording if employees are acting in concert for their mutual aid and protection and no overriding employer interest exists:

Such protected conduct may include, for example, recording images of protected picketing, documenting unsafe workplace equipment or hazardous working conditions, documenting and publicizing discussions about terms and conditions of employment, it for later documenting inconsistent application of employer rules, or recording evidence to preserve in administrative or judicial forums in employment-related actions.

The Board even characterized “photography or recording, often covert,” as “an essential element in vindicating the underlying Section 7 right.” The NLRB found the employer’s rules overbroad and unlawful under the Act because they unqualifiedly prohibited all workplace recording and therefore would reasonably chill employees in the exercise of their Section 7 rights.
 

Signature Only

Blue in Brown
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.
Check out the NLRB ruling in the Whole Foods Case. Issued 12/28/2015 or so.
 

Signature Only

Blue in Brown
Are you a Lawyer ?

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





Some people are.



-Bug-
Nope. Just offering an opinion. Like most everyone else around here. Check out the recent NLRB decision on this issue: NLRB v. Whole Foods 12/28/2015.

Now UPS, the NLRB and the courts can fight it out.
 

Mugarolla

Light 'em up!
Check out the NLRB ruling in the Whole Foods Case. Issued 12/28/2015 or so.

Yes, I saw that. But up until that ruling, you would be terminated for recording on UPS property. It was affirmed by an NLRB judge in 2013.

This new ruling could change that. But don't get any hopes up. I expect some of the big players to challenge that ruling.

To start, this 2015 ruling was a ruling that over-ruled a ruling from 2013. Too many rulings?
 

Signature Only

Blue in Brown
Yes, I saw that. But up until that ruling, you would be terminated for recording on UPS property. It was affirmed by an NLRB judge in 2013.

This new ruling could change that. But don't get any hopes up. I expect some of the big players to challenge that ruling.

To start, this 2015 ruling was a ruling that over-ruled a ruling from 2013. Too many rulings?
Well the issue has merits in my opinion. In the eyes of the law I feel there isn't too much difference between videotaping a police officer or a workplace superior.

There may be a shift on this point, some "spillover" if you will because it can be argued that in both cases, people are trying to protect themselves from those who abuse their authority or position.

If it can be demonstrated that, like the headline cases of police misconduct taped by citizens, employees suffer unjustly at the hands of managers that twist, lie or plant evidence and since most workplaces utilize surveillance equipment to monitor employees then allowing employees to do the same in certain cases where discipline is on the table could be seen as just and prudent.

But that's just what I think. You'd need the right case to convince people.

The odds are still with employers but they're shifting.

But that's just my opinion.
 

jeepupser

Well-Known Member
This guy is a complete idiot and deserves to be fired. He seems like he is proud of what he said. The fact that he posts these videos and clips, when they can be referenced shows him to be the idiot he is. I have to give the union steward props for trying to help him.
 

Bagels

Family Leave Fridays!!!
I held out but finally listened out of curiosity.

I going to dissent from most of the replies here -- what happened in his small sort is indifferent from the shenanigans that occur on virtually all PT sorts in the country. Whether his behavior had elevated toward the point of warranting termination isn't relevant -- it's pretty clear from the conversation that management wanted him gone, and finally felt the had enough evidence to warrant a termination that would stick. If he had been apologetic and agreeing to change during the interview as opposed to the cocky, it wouldn't have changed anything.

Based on his remarks, it sounds like he's had interaction with the Union before and had been berated for not being a dues paying member. Based on that, he's done -- the union isn't going to stick its neck out for him.
 
Status
Not open for further replies.
Top