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Innocent until proven guilty? yeah ok
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<blockquote data-quote="disciplinary procedure" data-source="post: 304285"><p>Puckin, you don't state where you are from but I'm not aware of anywhere in the country where Management can fire you for excessive customer concerns much less move you from a full time driving job into a full time inside job. </p><p></p><p>You do not state whether they are paying your your driving rate. If they are not they should be. </p><p></p><p>Disciplinary procedures are pretty standard throughout the country and without a warning letter in place Management has unilaterally violated the contract in your situation, regardless of what you have do to bring your situation to this point. It wasn't clear whether there was a BA or Steward in each of your meetings but in the last one with the Labor manager, District Manager, and Center Manager it's possible whoever was representing you felt a little overwhelmed. </p><p></p><p>First of all, if I was representing you I would be filing labor board charges in addition to taking your case to panel. This seems like it is ultimately going to go to arbitration and the Company will lose if all of the facts are as you stated. I would argue that there was no warning letter in place, no language supporting this type of discipline, and show that the company did nothing to improve your customer skills other than removing you from driving. A good BA would request all concerns in the center for the last 9 months at a minimum, and see whether you are 'least best' LOL or not.</p><p></p><p>So for the time being I would work the inside job for now and keep track of your hours plus the most hours worked per day by any swing driver lower in seniority in the center you were in. If your center does not post the daily WOR for you to record this, ask the steward to request the information for you. When it comes time to compute your back pay I would argue that you were due the difference between the 9 hours you worked inside and the hours worked by the less senior person. </p><p></p><p>Do not sign anything related to your employment such as the letter or resignation or anything that permanently places you in the inside job. Do not meet with management under any circumstances without a steward. Keep silent if they do not allow you representation and repeat your request each time they ask for a response. Keep notes of everything that has transpired including times, dates, and people involved. </p><p></p><p>While having you work the inside job is difficult for you, it is preferrable to being on the street and having to deal with your benefits cut off. This could take some time to resolve so be as patient as possible. I would keep in close contact with your Business Agent and be aware of dates and times for panel hearings. I would encourage you to show up at panel to plead your side in person. </p><p></p><p>There has been a lot of crap posted on here about what you did and how you shouldn't be a driver. Your career choice is no ones business but your own. Management doesnt get to just sweep you under the rug because they don't feel like retraining you. However, I would see this as a 'wake up' call of sorts to prevent this type of hassle in the future. Customer concerns can be interpreted many ways, usually depending on how your Management Team feels about you at the time. Obviously you want to minimize these concerns so just keep a smile on your face, stick to the methods, and do your best to keep the customers on your good side. A tape recorder is handy for those customers you have had problems with before. </p><p></p><p>In regards to the stop sign, it's never OK to roll through one even if there is snow as someone else posted. UPS drivers are professionals and we follow the law at all times while working. I'd encourage you to modify the number of air stops you can safely take out so that you don't find yourself in this situation again. Notify your center right away if you think you may not be able to make your air on time. </p><p></p><p>Finally, in the event this case does not go in your favor, I would contact a good labor attorney and pursue charges against the Union. While hopefully this won't happen, it is more important that your career is preserved and others like you are not subjected to this unilateral disregard for the grievance and disciplinary procedures. All of the documentation you have gathered would be critical at this juncture. </p><p></p><p>Good luck and I hope you are back on the road soon.</p></blockquote><p></p>
[QUOTE="disciplinary procedure, post: 304285"] Puckin, you don't state where you are from but I'm not aware of anywhere in the country where Management can fire you for excessive customer concerns much less move you from a full time driving job into a full time inside job. You do not state whether they are paying your your driving rate. If they are not they should be. Disciplinary procedures are pretty standard throughout the country and without a warning letter in place Management has unilaterally violated the contract in your situation, regardless of what you have do to bring your situation to this point. It wasn't clear whether there was a BA or Steward in each of your meetings but in the last one with the Labor manager, District Manager, and Center Manager it's possible whoever was representing you felt a little overwhelmed. First of all, if I was representing you I would be filing labor board charges in addition to taking your case to panel. This seems like it is ultimately going to go to arbitration and the Company will lose if all of the facts are as you stated. I would argue that there was no warning letter in place, no language supporting this type of discipline, and show that the company did nothing to improve your customer skills other than removing you from driving. A good BA would request all concerns in the center for the last 9 months at a minimum, and see whether you are 'least best' LOL or not. So for the time being I would work the inside job for now and keep track of your hours plus the most hours worked per day by any swing driver lower in seniority in the center you were in. If your center does not post the daily WOR for you to record this, ask the steward to request the information for you. When it comes time to compute your back pay I would argue that you were due the difference between the 9 hours you worked inside and the hours worked by the less senior person. Do not sign anything related to your employment such as the letter or resignation or anything that permanently places you in the inside job. Do not meet with management under any circumstances without a steward. Keep silent if they do not allow you representation and repeat your request each time they ask for a response. Keep notes of everything that has transpired including times, dates, and people involved. While having you work the inside job is difficult for you, it is preferrable to being on the street and having to deal with your benefits cut off. This could take some time to resolve so be as patient as possible. I would keep in close contact with your Business Agent and be aware of dates and times for panel hearings. I would encourage you to show up at panel to plead your side in person. There has been a lot of crap posted on here about what you did and how you shouldn't be a driver. Your career choice is no ones business but your own. Management doesnt get to just sweep you under the rug because they don't feel like retraining you. However, I would see this as a 'wake up' call of sorts to prevent this type of hassle in the future. Customer concerns can be interpreted many ways, usually depending on how your Management Team feels about you at the time. Obviously you want to minimize these concerns so just keep a smile on your face, stick to the methods, and do your best to keep the customers on your good side. A tape recorder is handy for those customers you have had problems with before. In regards to the stop sign, it's never OK to roll through one even if there is snow as someone else posted. UPS drivers are professionals and we follow the law at all times while working. I'd encourage you to modify the number of air stops you can safely take out so that you don't find yourself in this situation again. Notify your center right away if you think you may not be able to make your air on time. Finally, in the event this case does not go in your favor, I would contact a good labor attorney and pursue charges against the Union. While hopefully this won't happen, it is more important that your career is preserved and others like you are not subjected to this unilateral disregard for the grievance and disciplinary procedures. All of the documentation you have gathered would be critical at this juncture. Good luck and I hope you are back on the road soon. [/QUOTE]
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