Out of service from reasonable drug test

oldngray

nowhere special
No. UPS cannot discipline you for receiving a DUI off the clock.

You have 3 chances for rehab for a DUI received on your own time.

The way the contract reads, what you may be confused on, is that if you receive a DUI while driving a UPS vehicle, on the clock, you are subject to disciplinary action so you are not afforded the opportunity to go to rehab to save your job.

DUI off the clock is only important if it affects your license and ability to legally drive. Not a factor if your work inside and don't drive.
 

Wally

BrownCafe Innovator & King of Puns
I hit the hooch pretty hard last night and try to avoid social media, forums, etc so I don't wake up and see I sounded like the OP...
Mean!
upload_2017-6-4_13-10-33.png
 

john chesney

Well-Known Member
No. UPS cannot discipline you for receiving a DUI off the clock.

You have 3 chances for rehab for a DUI received on your own time.

The way the contract reads, what you may be confused on, is that if you receive a DUI while driving a UPS vehicle, on the clock, you are subject to disciplinary action so you are not afforded the opportunity to go to rehab to save your job.
Problem is in Ohio you lose your license and can't drive till court hearing whether you test or not so even before you are convicted you lose driving privileges
I had a guy take this to federal court and lost. He claimed because he wasn't convicted he should be given another chance. It was his second off the clock dui. Claim of the union denied at state panel. Then sued in federal court and lost
 

john chesney

Well-Known Member
Not trying to argue at all. I don't know everything. I hope people do get 3 chances. If you know anything about alcoholism or drug addiction you also know that relapse is a part of recovery.
 

john chesney

Well-Known Member
I fought to the death on every case I handled for ups people like myself. The only thing is stealing and I don't mean stealing time. I mean if you take merchandise and steal it you are done. I don't care what your excuse was. I tried but knew I couldn't win
 

john chesney

Well-Known Member
My advise would be if you had a dui while a ups driver don't get another one. If you drink don't drive. I think we can all agree this is good advise whether you get one chance or 3
 

Mugarolla

Light 'em up!
Problem is in Ohio you lose your license and can't drive till court hearing whether you test or not so even before you are convicted you lose driving privileges
I had a guy take this to federal court and lost. He claimed because he wasn't convicted he should be given another chance. It was his second off the clock dui. Claim of the union denied at state panel. Then sued in federal court and lost

And if you lose your driving priveledges, you need to inform UPS before the next start time of your job.

And if you lose your license due to alcohol, you can invoke Article 16 Section 3.3 of the Master.

This guy you were referring to most likely was during the last contract, had his second DUI within 5 years or failed to inform UPS in a timely manner.

This will not be an issue if you don't drink and drive.
 

john chesney

Well-Known Member
And if you lose your driving priveledges, you need to inform UPS before the next start time of your job.

And if you lose your license due to alcohol, you can invoke Article 16 Section 3.3 of the Master.

This guy you were referring to most likely was during the last contract, had his second DUI within 5 years or failed to inform UPS in a timely manner.

This will not be an issue if you don't drink and drive.
It definitely was under prior contract
 

UpstateNYUPSer(Ret)

Well-Known Member
Incorrect.



Correct.



A lot of companies do, but the contract changed to allowing once every 5 years or 3 times in a lifetime.



Correct.



Incorrect. I'm not surprised you do not know this, but your DM is also wrong.



Correct.

National Master

Article 16

Section 5. Rehabilitation Program - Leave of Absence

An employee shall be permitted to take a leave of absence for the
purpose of undergoing treatment in an approved program for alcoholism
or substance abuse. Employees may use the United Parcel
Service Employee Assistance Program (EAP), a Union sponsored
rehabilitation program, as well as any other referral service in
choosing an approved program for treatment.

Employees shall be permitted to take advantage of a rehabilitation
program once every five (5) years, three (3) times lifetime
maximum, under all conditions of this Article.


The leave of absence must be requested prior to the commission of
any act subject to disciplinary action except as provided in Article
35, Section 3 and Section 4. The leave of absence shall be for a
maximum of ninety (90) days; additional time may be granted if it
is mutually agreed between the Company and the Union, or requested
by the Substance Abuse Professional (SAP). While on such
leave, the employee shall not receive any of the benefits provided by
this Agreement, Supplements, Riders and/or Addenda, except the
continued accrual of seniority.

Our supplement may have stricter language.
 

olroadbeech

Happy Verified UPSer
My advise would be if you had a dui while a ups driver don't get another one. If you drink don't drive. I think we can all agree this is good advise whether you get one chance or 3
Heck , my son needed a ride home one time and I had had less than one drink . I told him to take a cab and I would pay for it. $20 is small change compared to a dui.
 

TooTechie

Geek in Brown
We had a preloaded murder his best friend (another preloaded) over a drug deal. It took 3 days for the authorities to escort him out of the building.
We had a part time sup who was hired after disclosing he had a conviction for murdering his wife and dumping the body across state lines. At one point the sup didn't show up to work and after a few days I heard that he had been arrested. I pulled up the police log and found that police had responded to his apartment and while there found illegal firearm(s) and drugs. He never returned to work, so I'm assuming he was fired. I saw him a couple years later on the street so I'm assuming he got out of it or didn't serve much time.
 
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