Object Lesson of the day

Coldworld

60 months and counting
This was his original avatar.

Speaks volumes of what he thinks of himself.

gijoe.gif




~Bbbl~
So he plays video games in his moms basement and then goes to work being a center "manager"....maybe he likes call of duty????
 

PiedmontSteward

RTW-4-Less
To protect the identity of the member, and not violate the Brown Cafe terms of use....


There has been an interesting case, I've been following.

It started with a member being discharged, through the Panel system.

Finding some (disturbing) evidence of collusion, between the Local Union and

local management, the Member pursued charges with the NLRB.


Barring any appeals, the (employee) Member was awarded back-pay.


But....

Was denied reinstatement by the NLRB, based on posts, on social media.

(No, I'm not going to name the platform)


In my opinion, that was the only downfall.


Think.... before you post. :biggrin:

(With your name attached to it)





2vtuz6h.jpg





-Bug-

I spent a great deal of time reading this case last night.. a paragraph or so cost this member tens of thousands of dollars in back pay/pension/health and welfare payments (along with his chance at reinstatement) as the NLRB cut off the penalty at the time when the company "discovered" the posts.

Very rarely is someone vindicated by the NLRB when they accuse UPS of something, let alone retaliation for protected concerted activity.
 

PiedmontSteward

RTW-4-Less
How can you be held to bogus social media policy when you are terminated?
A good lawyer will fix this out real quick!
Bug are you friends with Betty rose?
Another out of touch old union officer

Speech related to the work place -- as long as it is in the interest of advancing the rights of the workers -- is protected. This has been extended to social media via precedent set by previous NLRB decisions.

When that speech is no longer concerted and becomes degrading/needlessly offensive/threatening/etc. then it is no longer protected speech under the NLRA.

There's absolutely nothing for a "good lawyer" to "fix" as the member has exhausted nearly (if not) all of his appeals with the NLRB.

On a side note, it's pretty funny you're accusing BUG of being "out of touch" when he cites a NLRB case that's less than 72 hours old in order to warn Teamsters using social media platforms and even makes a note of the disturbing union/company collusion in this case.

You should try to do more listening and less talking.
 
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anHOURover

Well-Known Member
Speech related to the work place -- as long as it is in the interest of advancing the rights of the workers -- is protected. This has been extended to social media via precedent set by previous NLRB decisions.

When that speech is no longer concerted and becomes degrading/needlessly offensive/threatening/etc. then it is no longer protected speech under the NLRA.

There's absolutely nothing for a "good lawyer" to "fix" as the member has exhausted nearly (if not) all of his appeals with the NLRB.

On a side note, it's pretty funny you're accusing BUG of being "out of touch" when he cites a NLRB case that's less than 72 hours old in order to warn Teamsters using social media platforms and even makes a note of the disturbing union/company collusion in this case.

You should try to do more listening and less talking.

A good lawyer would certainly argue that the social media comments were made after a bogus and unlawful discharge
Are you also friends with Betty rose?
When bug is golfing and members are on strike I do think he is an out of touch, old, and has a problem relating to relating to the racial makeup of the teamsters of today.
When bug says that our votes should not matter it also proves my point rookie.
Carry on.
FACT
 

Coldworld

60 months and counting
I spent a great deal of time reading this case last night.. a paragraph or so cost this member tens of thousands of dollars in back pay/pension/health and welfare payments (along with his chance at reinstatement) as the NLRB cut off the penalty at the time when the company "discovered" the posts.

Very rarely is someone vindicated by the NLRB when they accuse UPS of something, let alone retaliation for protected concerted activity.
So what did this driver do to get fired in the first place??? Unless there was more said that ups preloader didn't mention on his post , I don't think anything constituted a threat of someone's safety....these are things we would say to monkey butt or our resident on road sup and not think twice about it....where does freedom of speech play into this?? If there was a verbal threat of violence or death that is understandable and unacceptable but to say that someone talks like he has cotton and marbles in his mouth....wtf??...doesn't seem like a statement that would bar someone from getting their job back...
 

PiedmontSteward

RTW-4-Less
So what did this driver do to get fired in the first place??? Unless there was more said that ups preloader didn't mention on his post , I don't think anything constituted a threat of someone's safety....these are things we would say to monkey butt or our resident on road sup and not think twice about it....where does freedom of speech play into this?? If there was a verbal threat of violence or death that is understandable and unacceptable but to say that someone talks like he has cotton and marbles in his mouth....wtf??...doesn't seem like a statement that would bar someone from getting their job back...

He was originally fired for multiple methods infractions and for not maintaining the same SPORH supervised as unsupervised.

Freedom of speech doesn't extend to the workplace or even off the clock when employed. Common sense would make you think it does.. but we work for UPS.
 

PiedmontSteward

RTW-4-Less
A good lawyer would certainly argue that the social media comments were made after a bogus and unlawful discharge
Are you also friends with Betty rose?
When bug is golfing and members are on strike I do think he is an out of touch, old, and has a problem relating to relating to the racial makeup of the teamsters of today.
When bug says that our votes should not matter it also proves my point rookie.
Carry on.
FACT

A good lawyer cannot change the merits of a case. Lawyers are not magicians. The NLRB agreed that the discharge was a result of UPS retaliating for protected, concerted activity. The NLRB then agreed with that claimant violated the company professional conduct policy; I don't believe RA was doing this maliciously and was simply blowing off steam during a very stressful period of his life but that doesn't change what he said. When your argument for reinstatement is based on the claim that you were wrongfully terminated, then it is best to conduct yourself as if you are still employed.

BRF should be dragged in front of the Independent Review Officer and forced to answer charges of collusion with UPS and violating the IBT constitution by knowingly harming a fellow union member. I've seen some of the e-mails and they're pretty damning.

The E-Board of our union doesn't reflect the makeup of the membership but BUG (or anyone else on BC) didn't make that call. Not quite sure where you're getting this golfing while members are on strike nonsense from.

As far as being a rookie.. how many cases have YOU taken to the NLRB, champ?

You need to learn that your fellow Teamsters can (rightfully) disagree with you without necessarily being a company shill.
 

Coldworld

60 months and counting
Seems like the methods bs is a scam... They can make up anything to constitute not following "methods"... Such a loophole for the company. Let's do thousands of actions a day and you miss a few then they throw the book at you???? Especially when our own management doesn't follow them 100% of the time... And what makes the company not change the numbers to favor the corporation when driver isn't with someone. It has been stated on here that drivers have been written up for doing 1/2 or 1 stop less an hour without a sup.... This imo is totally unacceptable to go after someone for this when our routes and days are so fluid and have so many variables assiciated with them... This whole thing feels like a scam...
 

wage EARNER

Well-Known Member
I think a decent lawyer could argue that this is SOP for UPS management. 1. Level baseless charges against an employee. 2. Present a childish, unprofessional, arrogant attitude toward employee throughout the grievance process with the intent of drawing and extreme reaction from employee. 3. Fire employee for any outburst/extreme reaction. 4. Repeat.
 

Bubblehead

My Senior Picture
....where does freedom of speech play into this??
I think this is where a lot of people get hung up in situations like these.

The First Amendment and it's guarantee of "freedom of speech" only protects us from the government, prohibiting it from taking criminal actions against an individual, meaning you can't be arrested, sanctioned, or imprisoned for making statements or assembling peacefully against the government, it's officials, or policies.

The First Amendment, with it's "freedom of speech", does not insulate anybody from perceived civil liabilities in regards to their spoken or written words.

The thing I am watching is......to see who, if either appeal.

If neither appeal, UPS has paid off the complainant and feels it's worth it for the additional "social media" precedence that was set, and that's something to worry about going forward.
 
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542thruNthru

Well-Known Member
A good lawyer would certainly argue that the social media comments were made after a bogus and unlawful discharge
Are you also friends with Betty rose?
When bug is golfing and members are on strike I do think he is an out of touch, old, and has a problem relating to relating to the racial makeup of the teamsters of today.
When bug says that our votes should not matter it also proves my point rookie.
Carry on.
FACT

What is the racial make up of the teamsters? Please enlighten us with these wonderful facts. I know old caucasians are part of it. Are you saying that they have a different contract than other races?
 

BigUnionGuy

Got the T-Shirt
I'll read it soon.


I would appreciate your thoughts.


How can you be held to bogus social media policy when you are terminated?


It wasn't about a social media policy.


Speech related to the work place -- as long as it is in the interest of advancing the rights of the workers -- is protected. This has been extended to social media via precedent set by previous NLRB decisions.

When that speech is no longer concerted and becomes degrading/needlessly offensive/threatening/etc. then it is no longer protected speech under the NLRA.


Nice summation.

Couldn't have said it better myself.


On a side note, it's pretty funny you're accusing BUG of being "out of touch" when he cites a NLRB case that's less than 72 hours old in order to warn Teamsters using social media platforms and even makes a note of the disturbing union/company collusion in this case.

You should try to do more listening and less talking.


"You might not like what I say.... But, I always tell the truth."


@anHOURover....

Trying to distort my posts, lessens your credibility.



-Bug-
 

Indecisi0n

Well-Known Member
Speech related to the work place -- as long as it is in the interest of advancing the rights of the workers -- is protected. This has been extended to social media via precedent set by previous NLRB decisions.

When that speech is no longer concerted and becomes degrading/needlessly offensive/threatening/etc. then it is no longer protected speech under the NLRA.

There's absolutely nothing for a "good lawyer" to "fix" as the member has exhausted nearly (if not) all of his appeals with the NLRB.

On a side note, it's pretty funny you're accusing BUG of being "out of touch" when he cites a NLRB case that's less than 72 hours old in order to warn Teamsters using social media platforms and even makes a note of the disturbing union/company collusion in this case.

You should try to do more listening and less talking.
I don't understand that. So a group of people can go to a funeral with signs saying god hates fags and chant while the familie grieves the lose of a family and they are protected but you can't bad mouth your employer?
 

anHOURover

Well-Known Member
What is the racial make up of the teamsters? Please enlighten us with these wonderful facts. I know old caucasians are part of it. Are you saying that they have a different contract than other races?


i am not allowed to post the word caucas***s
you and your team of old, out of touch, can't relate to the current racial makeup of the teamster, AKA union officers
ALL REPORTED ME for excessive use of the word caucasi**s. Some brothers !! Just like Betty rose !! run and tell on your brothers!
RATs FACT
 
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10 point

Well-Known Member
I don't understand that. So a group of people can go to a funeral with signs saying god hates fags and chant while the familie grieves the lose of a family and they are protected but you can't bad mouth your employer?

Maybe the difference was it was a bargaining unit worker that allegedly made the comments towards management and not the other way around.

I know of a center manager that screamed he was going to fing kill someone in the office, retained his job and still works for the company but I know another lady who said less than that and was terminated.

A good lawyer cannot change the merits of a case. Lawyers are not magicians. The NLRB agreed that the discharge was a result of UPS retaliating for protected, concerted activity. The NLRB then agreed with that claimant violated the company professional conduct policy; I don't believe RA was doing this maliciously and was simply blowing off steam during a very stressful period of his life but that doesn't change what he said. When your argument for reinstatement is based on the claim that you were wrongfully terminated, then it is best to conduct yourself as if you are still employed.

BRF should be dragged in front of the Independent Review Officer and forced to answer charges of collusion with UPS and violating the IBT constitution by knowingly harming a fellow union member. I've seen some of the e-mails and they're pretty damning.

The E-Board of our union doesn't reflect the makeup of the membership but BUG (or anyone else on BC) didn't make that call. Not quite sure where you're getting this golfing while members are on strike nonsense from.

As far as being a rookie.. how many cases have YOU taken to the NLRB, champ?

You need to learn that your fellow Teamsters can (rightfully) disagree with you without necessarily being a company shill.
BRF wasn't the only official allegedly involved. Some have conveniently left a higher ranking official's name out of the equation.
Like I said before... It's sickening.
 
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