Question about termination

So we have a driver (not me) in our center who has had a couple of issues in the last year. During peak last year he asked a seasonal preloader (cute girl) if she wanted to play the "rape game". No clue what that is, nor did anyone else. A complaint was filed by another driver (not me) anf it went to HR. People were interviewed (not me) and during his route he was told to come back in. He was terminated that day after he had worked a few hours. He was brought back because he worked that day???
Fast forward to last week. He asked a 6 year preloader (black guy) "what do you call an old black guy?" ......"retired farm equipment". The preloader let the supervisor know to keep him away or it would not end well. She asked why..blah blah and he did not want to get into it. Well it came out and the supervisor took it to management. They talked with him about what happened without a union rep there and he went on delivering that day. Stuff has been said and it went to higher ups. He shows up at the facility this past Friday mid route and an ambulance hauls him away for a "mental breakdown". We are being told he cannot be terminated because he worked the day after he was talked to without a union rep there. Is there any truth to this? I do not know enough about any of this union stuff because I show up and do my job. No real need for representation when it comes to disciplinary reasons. This has now got to the regional manager and we have heard this is not over yet. Can someone explain to me how someone can keep his job when things are said like this?
 

Jones

fILE A GRIEVE!
Staff member
I've seen people lose their jobs for less, I've also seen guys show up drunk (multiple times) and not even get a warning letter. At one point we had a guy who was banned from the property, they were so scared of him that they had his picture in the guard shack with instructions to call 911 if he was spotted, also had an armed off duty cop stationed at the gate to watch for him. A week later the guy is back at work like nothing happened. Go figure.
 

Brown echo

If u are not alive than for sure truth is not real
So we have a driver (not me) in our center who has had a couple of issues in the last year. During peak last year he asked a seasonal preloader (cute girl) if she wanted to play the "rape game". No clue what that is, nor did anyone else. A complaint was filed by another driver (not me) anf it went to HR. People were interviewed (not me) and during his route he was told to come back in. He was terminated that day after he had worked a few hours. He was brought back because he worked that day???
Fast forward to last week. He asked a 6 year preloader (black guy) "what do you call an old black guy?" ......"retired farm equipment". The preloader let the supervisor know to keep him away or it would not end well. She asked why..blah blah and he did not want to get into it. Well it came out and the supervisor took it to management. They talked with him about what happened without a union rep there and he went on delivering that day. Stuff has been said and it went to higher ups. He shows up at the facility this past Friday mid route and an ambulance hauls him away for a "mental breakdown". We are being told he cannot be terminated because he worked the day after he was talked to without a union rep there. Is there any truth to this? I do not know enough about any of this union stuff because I show up and do my job. No real need for representation when it comes to disciplinary reasons. This has now got to the regional manager and we have heard this is not over yet. Can someone explain to me how someone can keep his job when things are said like this?
Do you witness any of those events?
 

burrheadd

KING Of GIFS
So we have a driver (not me) in our center who has had a couple of issues in the last year. During peak last year he asked a seasonal preloader (cute girl) if she wanted to play the "rape game". No clue what that is, nor did anyone else. A complaint was filed by another driver (not me) anf it went to HR. People were interviewed (not me) and during his route he was told to come back in. He was terminated that day after he had worked a few hours. He was brought back because he worked that day???
Fast forward to last week. He asked a 6 year preloader (black guy) "what do you call an old black guy?" ......"retired farm equipment". The preloader let the supervisor know to keep him away or it would not end well. She asked why..blah blah and he did not want to get into it. Well it came out and the supervisor took it to management. They talked with him about what happened without a union rep there and he went on delivering that day. Stuff has been said and it went to higher ups. He shows up at the facility this past Friday mid route and an ambulance hauls him away for a "mental breakdown". We are being told he cannot be terminated because he worked the day after he was talked to without a union rep there. Is there any truth to this? I do not know enough about any of this union stuff because I show up and do my job. No real need for representation when it comes to disciplinary reasons. This has now got to the regional manager and we have heard this is not over yet. Can someone explain to me how someone can keep his job when things are said like this?

How about this

Mind your own damn business
 

burrheadd

KING Of GIFS
Hey Dbag... I heard what was said, as well as many others, so it is my business. The people I work next to every day while on the job are my business. I asked a question about how he can keep his job, clown shoes.

So you all stand around and gossip about what’s going to happen to poor John

I stand by my statement

Does name calling make you feel tough
 
So you all stand around and gossip about what’s going to happen to poor John

I stand by my statement

Does name calling make you feel tough
When a 30 something man asks a 19 year old girl if she wants to play the rape game, or he tells a racist joke to a black guy who he really does not know outside of the belt, yeah I kinda want to see whats going to happen.
 

NAHimGOOD

Nothing to see here.... Move along.
So we have a driver (not me) in our center who has had a couple of issues in the last year. During peak last year he asked a seasonal preloader (cute girl) if she wanted to play the "rape game". No clue what that is, nor did anyone else. A complaint was filed by another driver (not me) anf it went to HR. People were interviewed (not me) and during his route he was told to come back in. He was terminated that day after he had worked a few hours. He was brought back because he worked that day???
Fast forward to last week. He asked a 6 year preloader (black guy) "what do you call an old black guy?" ......"retired farm equipment". The preloader let the supervisor know to keep him away or it would not end well. She asked why..blah blah and he did not want to get into it. Well it came out and the supervisor took it to management. They talked with him about what happened without a union rep there and he went on delivering that day. Stuff has been said and it went to higher ups. He shows up at the facility this past Friday mid route and an ambulance hauls him away for a "mental breakdown". We are being told he cannot be terminated because he worked the day after he was talked to without a union rep there. Is there any truth to this? I do not know enough about any of this union stuff because I show up and do my job. No real need for representation when it comes to disciplinary reasons. This has now got to the regional manager and we have heard this is not over yet. Can someone explain to me how someone can keep his job when things are said like this?
 

Fenris

Well-Known Member
So we have a driver (not me) in our center who has had a couple of issues in the last year. During peak last year he asked a seasonal preloader (cute girl) if she wanted to play the "rape game". No clue what that is, nor did anyone else. A complaint was filed by another driver (not me) anf it went to HR. People were interviewed (not me) and during his route he was told to come back in. He was terminated that day after he had worked a few hours. He was brought back because he worked that day???
Fast forward to last week. He asked a 6 year preloader (black guy) "what do you call an old black guy?" ......"retired farm equipment". The preloader let the supervisor know to keep him away or it would not end well. She asked why..blah blah and he did not want to get into it. Well it came out and the supervisor took it to management. They talked with him about what happened without a union rep there and he went on delivering that day. Stuff has been said and it went to higher ups. He shows up at the facility this past Friday mid route and an ambulance hauls him away for a "mental breakdown". We are being told he cannot be terminated because he worked the day after he was talked to without a union rep there. Is there any truth to this? I do not know enough about any of this union stuff because I show up and do my job. No real need for representation when it comes to disciplinary reasons. This has now got to the regional manager and we have heard this is not over yet. Can someone explain to me how someone can keep his job when things are said like this?

I may be slightly off but I'll attempt to answer your questions. The union will argue that if the company allowed someone to work after being knowledgeable of an infraction, they must not have deemed it to be a cardinal infraction or they would have terminated immediately. If it is not a cardinal infraction, progressive discipline needs to take place. On the other hand, the company can say they did not have full information to make a determination at the time of being aware. Would potentially depend on the specific facts of the case.

As far as talking to someone without a Union Rep, it depends, again, on the specifics. If the company did not allow the driver to have requested representation than any information that resulted from that conversation can not be used against them for discipline. The company could still discipline if they had information independent of that conversation but past practice is such that they usually don't.

Weingarten rights, as laid out in case law and regulations, are largely misunderstood. A company can discipline an employee without union representation available but only if they solely impose discipline without any questions / interviews taking place. In the real UPS world, and probably other places, representation is made available regardless for discipline to avoid potential issues and the lack of representation has been accepted as an issue often by UPS Labor.

As for your specific case, we do not have all of the information available to make an educated comment. We don't know what the 'victims' stated to the company, the overall environment or a number of other factors. If it wasn't considered egregious, he could be in progressive discipline.
 

EverybodyLovesMike

Well-Known Member
So we have a driver (not me) in our center who has had a couple of issues in the last year. During peak last year he asked a seasonal preloader (cute girl) if she wanted to play the "rape game". No clue what that is, nor did anyone else. A complaint was filed by another driver (not me) anf it went to HR. People were interviewed (not me) and during his route he was told to come back in. He was terminated that day after he had worked a few hours. He was brought back because he worked that day???
Fast forward to last week. He asked a 6 year preloader (black guy) "what do you call an old black guy?" ......"retired farm equipment". The preloader let the supervisor know to keep him away or it would not end well. She asked why..blah blah and he did not want to get into it. Well it came out and the supervisor took it to management. They talked with him about what happened without a union rep there and he went on delivering that day. Stuff has been said and it went to higher ups. He shows up at the facility this past Friday mid route and an ambulance hauls him away for a "mental breakdown". We are being told he cannot be terminated because he worked the day after he was talked to without a union rep there. Is there any truth to this? I do not know enough about any of this union stuff because I show up and do my job. No real need for representation when it comes to disciplinary reasons. This has now got to the regional manager and we have heard this is not over yet. Can someone explain to me how someone can keep his job when things are said like this?

Who cares? You seem to really take a lot of interest into something that doesnt really matter.
Edit: I only say this because none of it pertains to you. You made it clear they didnt interview you or have anything to do with you. Let it go.
 
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