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UPS Union Issues
Layoff then Fired
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<blockquote data-quote="gandydancer" data-source="post: 419636" data-attributes="member: 9310"><p>You did. 10 days, actually. "I went out of town from 10/06/08 to 10/10/08 on the 10/09/08 I was home for a my son's baptism then my family left town again from 10/12/08 to 10/21/08." 10/12 to 10/21 is 10 days. The 10/10 and 10/09 dates doesn't make sense (how can you be home 10/9 and still out of town 10/10?) , and the implication that you were home 10/10 and 10/11 seems clear but is contradicted later when you write "I left town the morning of 10/06 and I returned 10/20 late evening..."</p><p> </p><p>You say, "They said they informed me on 10/03/08...", presumably only by phone call or you would have had a certified mail delivery attempt 10/4, given how close you live. So at some point they had to send both you an the union, if your supplement is like mine and apparently the Atlantic, a certified letter recalling you from layoff. Not in time to reach at least your family by 10/11??? Then on 10/16 they sent you and the union a termination letter, again by certified mail. By the time you returned late 10/20 there should have been six yellow slips in your mailbox.</p><p> </p><p>Anyway, according to my supplement (NorCal) I can be terminated if I don't respond to the certified mail recall within 72 hours, exclusive of SaSu/Holidays. Not knowing this is your fault.</p><p> </p><p>On the other hand, if they didn't mail the union as well, that would void their right to terminate you. And the initial layoff by telling you not to come in the next day was probably improper. You have 45 days to grieve, so make sure your local amends its grievance pronto to raise that point. My supplement reads, "All employees are to be given written notice or notice posted on a bulletin board of impending layoffs not later than the beginning of the last shift worked..."</p><p> </p><p>So, as I asked in my first post in this thread, WHAT CONTRACTS ARE YOU UNDER? And clarify for us why your first post was so confusing. Telling contradictory stories makes you sound like a weasel. Or, maybe you have a disorganized mind, and I should sympathize with the company for wanting to get rid of you. But the improper layoff should be enough to get your job back, and back pay too.</p></blockquote><p></p>
[QUOTE="gandydancer, post: 419636, member: 9310"] You did. 10 days, actually. "I went out of town from 10/06/08 to 10/10/08 on the 10/09/08 I was home for a my son's baptism then my family left town again from 10/12/08 to 10/21/08." 10/12 to 10/21 is 10 days. The 10/10 and 10/09 dates doesn't make sense (how can you be home 10/9 and still out of town 10/10?) , and the implication that you were home 10/10 and 10/11 seems clear but is contradicted later when you write "I left town the morning of 10/06 and I returned 10/20 late evening..." You say, "They said they informed me on 10/03/08...", presumably only by phone call or you would have had a certified mail delivery attempt 10/4, given how close you live. So at some point they had to send both you an the union, if your supplement is like mine and apparently the Atlantic, a certified letter recalling you from layoff. Not in time to reach at least your family by 10/11??? Then on 10/16 they sent you and the union a termination letter, again by certified mail. By the time you returned late 10/20 there should have been six yellow slips in your mailbox. Anyway, according to my supplement (NorCal) I can be terminated if I don't respond to the certified mail recall within 72 hours, exclusive of SaSu/Holidays. Not knowing this is your fault. On the other hand, if they didn't mail the union as well, that would void their right to terminate you. And the initial layoff by telling you not to come in the next day was probably improper. You have 45 days to grieve, so make sure your local amends its grievance pronto to raise that point. My supplement reads, "All employees are to be given written notice or notice posted on a bulletin board of impending layoffs not later than the beginning of the last shift worked..." So, as I asked in my first post in this thread, WHAT CONTRACTS ARE YOU UNDER? And clarify for us why your first post was so confusing. Telling contradictory stories makes you sound like a weasel. Or, maybe you have a disorganized mind, and I should sympathize with the company for wanting to get rid of you. But the improper layoff should be enough to get your job back, and back pay too. [/QUOTE]
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