not allowed to work after 3 days off

Discussion in 'UPS Discussions' started by Boxed, May 23, 2013.

  1. Boxed

    Boxed New Member

    I requested off vacation week, it got denied. I requested my optional days, which were denied. I requested to be scheduled off which was denied.

    I was told I had to be at UPS for a memorial day "peak season", first I've heard of this in all my years at UPS, which is fine but I was given no notice of this new "peak week" before hand like I had been in the past years of our standard winter peak season.

    One week before my family vacation (was planned around the vacation forms that did not indicate any sort of "memorial peak season week") I told my manager I absolutely could not cancel the plans on several families as well as plane tickets and mess up all our plans to come in and work part time 4 hours. I explained I absolutely would not be in as I could not be in due to family and friend obligations that I formed based on my original vacation form, a form that did not indicate a peak memorial week was off the table.

    Now I'm "unable to work" (what does that even mean? fired???) and am in contact with my local teamsters. I have been told by my Teamsters and my Management Team that I was no call no show for three days (I specifically told them a week before I would not be in and they did not fire me then and there for insubordination). I am now "unable to work" due to 3 days no call no show.

    I do not understand why telling my manager I will not be there a month before, then a week before, isn't as good or better than a call in. I would have called in but was unable to due to phone services in the area I was staying (extremely rural and sorry I don't own a satellite phone but will be buying one for future needs apparently).

    I've never worked for a company that didn't appreciate more heads up, but it seems UPS and Teamsters has decided my notification does not count as a call in. I wish it had been an option, would have done it as I've worked for the company for 10 years and know how this goes, but it wasn't an ability within my power or over a hundred miles of me to be able to call in to my part time job.

    A union steward was present during all these conversations. Yet management is saying they have a witness. I don't understand why this isn't just a big misunderstanding and they've cost me money now.

    Should I file with back pay? My best friend (one of the families that had to change plans due to UPS) practices labor law in DC, however is barred in my home state as well. I can have him on my doorstep for the cost of a rental car and gas any time I need his services. However, right now I'm pursuing a grievance and wondering if this is even the right thing to do.

    It seems to me they should have fired me for insubordination on the spot if they could not employ me due to my demands, since their "memorial peak season week" has arbitrarily screwed me out of my hard earned vacation time. Mind you, others were allowed to go on vacation during this week... which again, confuses me about what a "peak week" is???

    Instead, unlike me telling them up front and honestly, openly what had to happen, they've "unable to work" me somehow. This makes little to no sense as I gave them notification so I do not understand. If that isn't insubordination, how is it a no call no show??? I don't understand how notification isn't notification, unless it is insubordination, which clearly it isn't because I was fired for 3 days no call no show, not insubordination...

    I would also like to point out that I've only had one other "no call" all year. Nobody picked up in the tower, nobody told my manager via text, so I had ONE no call before all this started from months ago. (next time I will grieve this BS with my phone record as proof and avoid loading my Management Team's gun with attendance ammo)

    I'm being told to show up at the Union hall LAAAATE in the afternoon, which just seems like a way to keep me from going to work yet again. So I will be calling in tomorrow to let them know I can't work as a result of them not letting me work. The last thing I want here is more no call no shows while I'm trying to resolve my grievance.

    Any thoughts? This all just seems like a really petty way to fire someone instead of just firing them the right way for insubordination in the first place, which obviously would not have stood up since they can't just arbitrarily define peak weeks with no notice. Had they fired me for insubordination due to my refusal to accept their schedule, I would have understood and is honestly what I expected to happen. Instead they've just kind of seen an opportunity to kick below the belt and took it.

    This is the first time in all my years at UPS that a manager has had such a problem with accommodating vacation needs. Is he just that bad at his job and this is all going to blow over like usual?
    Last edited: May 24, 2013
  2. laffter

    laffter Active Member

    While I can't comment on what this memorial day peak week is, I'm going to guess that someone is trying to cover their ass. Management at UPS have terrible memory and a gross lack of communication. We had someone in preload a few weeks back who didn't show up in the morning. She advised management of this no show date weeks before. She attempted to call two people that morning to remind them. Nobody answered. The next day, she was harassed about not showing up to work. Que?
  3. p228

    p228 Member

    You knew you had to report to work. You didn't follow proper call out procedures. You were discharged for it. Pretty simple.

    The employees who were on vacation, do they have more seniority than you? Were you notified that your vacation request was denied within the appropriate time frame specified in your supplement?

    Firing you for insubordination is a bit of a stretch since it could be argued that you would have changed your mind and come to work but with three days no call the deed has been done. There is no refuting what happened only why.
  4. serenity now

    serenity now Guest

  5. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Job abandonment.
  6. gorilla75jdw

    gorilla75jdw Active Member

    do you have any prior discipline in the past 9 months for attendence , talk withs, warning letter , suspensions , 72 hour notice, anything ??? , if not dont worry abut it . You will get your job back , with no back pay , but do grieve it once you get back in the door . AS fo if you do have a history within the last 9 months of this past occurence , then you might have a problem , have you ever signed anything , like a commitment to be there type deal ?
  7. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Grieve based on what? He submitted three requests for the time off with all three being denied. He followed the contract as did his management team. He then decided to take matters in to his own hands and is sitting at home as a result. He should be thankful when he does get his job back.
  8. bottomups

    bottomups Bad Moon Risen'

    You should have broken your toe and gotten a medical release from your doctor.
  9. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Better polish up that resume'. You have to call in end of story. Add on the fact that you basically took vacation after being denied vacation and it doesn't look good.
  10. Boxed

    Boxed New Member

    Yeah that's just the way it is I guess. I'll just call in, in the future, instead of telling them in advance. That makes a lot more sense for them to find out the day of rather than give them a little time to prepare.

    I mean if they never deny it in the first place then none of this would happen right? They probably took it the wrong way or something when all I was trying to do was be honest.

    Literally the first manager ever to give me a problem with vacation. I'm just grateful to even have a job above all else of course. Don't take me the wrong way. Thanks to Him we are all blessed with trials and tribulations in our lives. This just being yet another one I suppose. Thank you for the thoughts on the topic.

    My family and I have been praying on the issue and I'm certain in God's hands at times like these especially. It was a calling that brought me to an area with no phone service for hundreds of miles and 100 miles from a sat phone, and it will be His guidance that moves this family, first.
    Last edited: May 24, 2013
  11. cachsux

    cachsux Wah

    The best way to do it is, vacation approved first-purchase plane ticket second.
  12. newfups

    newfups Member

    an area with no phone service for hundreds of miles and 100 miles from a sat phone

    OT, but where did you go on your trip? Sounds like my kind of place.
  13. PiedmontSteward

    PiedmontSteward RTW-4-Less

    What supplemental agreement are you covered under? While it's fairly universal that a 3 day no-call, no-show is "job abandonment", "considered to have voluntarily quit", etc. it might be different in this case. Although, I don't consider giving your management team a heads up in advance a no call no show. You should absolutely be disciplined/reprimanded but not terminated over it. It sounds like more senior guys in your operation bidded on that week for vacation so they could have the three day weekend on the tail-end before they come back and they slotted in ahead of you. For future reference: that's how seniority works and you gotta live with it, but that's neither here-nor-there now.

    You need to find out if you were actually terminated for 3 day consecutive no-calls. You'll know within 10 business days as the company must notify both you and your local via certified letter.

    The fact that a steward heard you tell your manager you would be absent helps you out a bit. When you get in touch with your Business Agent, you should ask him to get a statement from this steward ASAP.

    If you haven't had attendance issues before, this probably won't stick. The fact that they're "unable to work" you sounds like they're trying to punish you; you should continue showing up to work every day on time and consider grieving for your 3.5 hour gurantee. If you do this, you have a deadline of 5 working days to get the ball rolling; ie. you come in to work Tuesday - Friday (assuming you don't work Sundays on the Day sort) , the latest you can file on that gurantee would be the following Tuesday. If they want to fire you for a 3 day no-call, they should go ahead and take your ID and do it properly instead of trying to starve you out to "teach you a lesson."

    And next time, find a payphone.
  14. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Fantasy island.
  15. over9five

    over9five Moderator Staff Member

    HERE, we have to book off at least one hour before our shift.
    As long as the OP made it perfectly clear that he would not be working when he talked to the sup a week before, he is all set. There is no issue here at all. I'd grieve it and expect back pay.

    Where the hell is his shop steward who was right there with him?

    ​Is there MORE to this story???
  16. laffter

    laffter Active Member

    He slept with the steward's wife.
  17. over9five

    over9five Moderator Staff Member

    OK, now it all makes sense!

    ​See, ya leave out some trivial detail and.....
  18. Indecisi0n

    Indecisi0n Well-Known Member

    Why did you make plans and buy a plane ticket before you even had the time off? Like everyone else said if you didn't call in each morning you are a no call no show.
  19. Dracula

    Dracula Package Car is cake compared to this...

    You'll get your job back. Consider it a lesson learned. This is no different from getting an 8HR day when you have something important to do, and they jam your truck and say sorry, there is no help. Try to get that week off. No? That way you'll know early if you're getting denied. Try using your optional days. No? Then put in for an optional on the day you're most likely to get, most likely, the first day of the three you're taking off. Never tell them you won't be there if you're getting denied for some of the days. Then, just drop a deuce in their lap on the other two days. Get used to the crying games you will hear when you call in...those are managers tears of fright from knowing they will have to work today.

    And forget about God. This is UPS. God, family, friends and happiness are the enemies of the bean counters. The sooner you realize that they don't give a damn about your life when you don't have a box in your hands, the quicker this will all make sense for you.
  20. laffter

    laffter Active Member

    One of my drivers was on vacation this week. They called him and begged him to come in today, because they were "hurting" for drivers. He said he'd come in if they gave him a light day. Light day my ass... it was one of the heaviest of the week. Gotta love management's promises. There was a sup walking around pulling splits to create a resi route- he didn't touch this one.