Reply to thread

Message: <blockquote data-quote="dannyboy" data-source="post: 461355" data-attributes="member: 484">There are a lot of things to discuss Ah yes, he was represented at the hearing by a lawyer, as was UPS.  So unless he can show that somehow he was done wrong at this hearing legally, he has no further action in this matter. For one, shame the union for taking such a made up piece of crap to arbitration.  Every point the union made was rebutted by the company very successfully, where not one point the company made was rebutted by the union.  There should have been several if not many the union should have rebutted.  They either could not, or chose not too.  Shame on them. As a shop steward, you don’t leave anything to chance.  You rebut everything.  There were no suprises in what the company brought to the table.  The union and this steward did not a damn thing to help in his defense.  All they did was to repeat the mantra of UPS was mean to this guy cause he is a steward and as such they don’t like him.  That was all they had.  That was all they brought to the table.  No data to refute what the company produced. Shame on them It is hilarious that when the driver brings up the fact that he had a tape recorder, and recorded days 2&3, that when the company calls his bluff, it is he that prefers not to have the company listen to it and make it part of the record.  Could it be that after the lawyer for the union heard it, and it was just too damning to the case?  And as the arbitrator pointed out, the actual day that the driver actually had a dispute, he did not record?  Why?  Is it because the driver is a liar and the actual tape of what happened on day one supported the sup that did the OJS? Secondly, by the whole of the testimony given by both sides, it appears that the driver was a rouge, someone that felt no rules or regulations apply to him or his conduct.  Especially when as a shop steward you tell the company they are full of $#^t when it comes to production of the drivers, and there is no way they can take discipline against the drivers, or enforce any type of production.  That sets the stage for fireworks. Data is this. The driver showed that he could run his route in the 15’s, and demonstrated it. Then after he showed he could, he consistently ran 3-4 stops under that.  2 hours extra or more a day. Later on, when he showed even more days with sporhs in the single digits and 10-11’s, they did another study.  This one was not at the 14.5, but was set at 13.71.  This was now the new standard.  And the driver agreed it was a fair standard, one that he agreed he could either hit or get close to daily. But instead, he went the other way even further.As for his selection with no other drivers being singled out, that was blown out of the water by the company, when they showed that he was one of the least best.  And the least best were those that were consistently 3-5 stops an hour below sporh.  All these drivers had OJS’s, and had shown improvement.  All the drivers at the center were at least within 1-1.5 of their daily target, with the exception of this driver. Now, off to what actually caused the driver to get that target. HE not only underperformed by 15-45% daily, he got a lot of his warnings and suspensions in more traditional ways. Warning for failure to remove misloads from the car upon return to buildingWarning for failure to optimize loadsWarning for failure to follow methods during an OJSWarning about his on road performanceWarning for insubordination1 day suspension for leaving packages on car3 days suspension for the same thing1 day suspension concerning performance3 day suspension concerning performance5 day suspension concerning performanceTermination for performance related Termination for over all working record including attendanceTermination for over all work record, including performance. So the termination is not just a performance issue as has been suggested, but instead the employees whole demeanor while at work.  Insubordination, failure to follow instructions are all things that can get you fired.  And while they by themselves would not have been just cause, the belligerence of the driver while at the hearings I am sure put things over the top.  He and the union kept repeating the mantra that there is nothing in the contract that gives the company power to fire someone over production issues. Well they didn’t,  they fired him because of a serious series of mistakes that both he as a shop steward made, and the union was too lazy to follow up on.  And as an employee of UPS, the worst mistake you can make is tell them they cant fire you.  They can and will.  Believe me, they can find enough crap to hang you out, but this guy gave them so much more. So in summation, the driver did not deserve his job back per what I read, the company did a sufficient job in presenting the case, the union and the shop steward did not do a damn thing to prepare for this case, so they deserved to lose. Now, as to what bearing this case has on production enforcement at UPS?  I don’t think it does, unless further bumblings by the union allow it to become precedence setting.  There were too many things that were the cause of this driver being fired.  It was not that he missed his sporh by .5 or even 1-1.5 a day.  And even after he was given another ride, he still went down even further, after stating that the ride was fair, and the sporh was very fair.  Basically he was 2 hours over every day and going even further down.  Couple that with his desire to show UPS that they could not do anything about it, you have the scene you have here. This drivers comprehension of what the contract says, and his total lack of a clue should keep him away from representing any one else.  And the union that took this to arbitration need to get a new job as well. d</blockquote>

Verification