Point of order

[BigUnionGuy]

What happened ?

Still kind of curious.

Your situation could help others....



-Bug-

 

[Mugarolla]

Still kind of curious.

Your situation could help others....



-Bug-

Me too.

I'll give you a real life example.

We were at the JAC for a discharge for a package driver for a serious accident.

After all the evidence was presented and during rebuttal, the Company asked the driver about all these accidents he has had and does he think he should be able to keep his job after 6 accidents in the past 10 years.

Thank you UPS.

The BA immediately called a point of order.

The Chairman asked what the point of order was. The BA said that the Company just went back beyond 9 months and tried to introduce evidence outside of protocol.

The Company's rebuttal to the point of order was that it points out his poor accident history and he should remain discharged because he now has had 7 accidents in the past 10 years.

The parties were excused from the conference room. We were called back 10 minutes later.

The Chairman said that the point of order was upheld, the Company violated procedure by bringing up and introducing evidence beyond 9 months.

The grievant was returned to work the following day.

 

[BrownMonk]

It never gets to the briefs if a point of order is called.

You can only respond to the point of order.

In my example given, the only thing you can respond to is the time frame in which the grievance was filed.

You can only try and prove that it was filed within 5 working days.

If you can prove it, the point of order is denied and the case continues and the grievance is heard.

Or try to prove that it was 5 days after you should have known.

 

[Tony Q]

Me too.

I'll give you a real life example.

We were at the JAC for a discharge for a package driver for a serious accident.

After all the evidence was presented and during rebuttal, the Company asked the driver about all these accidents he has had and does he think he should be able to keep his job after 6 accidents in the past 10 years.

Thank you UPS.

The BA immediately called a point of order.

The Chairman asked what the point of order was. The BA said that the Company just went back beyond 9 months and tried to introduce evidence outside of protocol.

The Company's rebuttal to the point of order was that it points out his poor accident history and he should remain discharged because he now has had 7 accidents in the past 10 years.

The parties were excused from the conference room. We were called back 10 minutes later.

The Chairman said that the point of order was upheld, the Company violated procedure by bringing up and introducing evidence beyond 9 months.

The grievant was returned to work the following day.

I like your examples, can you give some more. These are very informative, in my opinion and are what people come to this site for. Teach away

 

[BrownMonk]

I like your examples, can you give some more. These are very informative, in my opinion and are what people come to this site for. Teach away

Most rules read that statements have to be notarized unless the person is there for a cross examination. I have seen cases disappear because either side didn’t do it and the statement is throw out when the other side calls a point of order