Taken out of service!!!

Discussion in 'UPS Union Issues' started by dilligafah, Mar 2, 2009.

  1. dilligafah

    dilligafah New Member

    I have have been taken out of service as a pkg car driver for accidentally hitting an irreg empty cart while parking in building. The impact caused minor injury to a irreg driver who was sitting on the mule 4 carts down from the last cart I hit in the train, but they are classifing it as an incident and not an accident. It was reported wrong to H&S,liberty mutual, and mgnt as if I hit a pedestrian and that I did it intentionally and that it was workplace violence. So the day after the "incident" I was taken out of service pending an investigation of workplace violence. So its been five days and all the allegations have been disproved of workplace violence and that I broke no UPS rules and that it was an unintentional accident, but I'm still not back to duty. Any thoughts?
  2. MonavieLeaker

    MonavieLeaker Bringin Teh_Lulz

    Find your union steward and talk to them
  3. dilligafah

    dilligafah New Member

    Union is involved and they are scratching head to why I am still not back on duty.
  4. gandydancer

    gandydancer New Member


    Section 3. Accidents and Reports


    In the event of a vehicle accident, the Employer shall have twenty (20) days to complete its investigation, if warranted, and ten (10) days to take disciplinary action, if any, unless otherwise mutually agreed. Except for serious accidents, where the driver may be presumed to be at fault, a driver will not be removed from the payroll during an investigation of the accident.

    A serious accident is defined as one in which:

    1. There is a fatality, or;

    2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;

    3. A citation is issued and one or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be transported away from
    the scene by a tow truck or other vehicle, or;

    4. Any vehicular contact with an aircraft which results in damage that grounds such aircraft, or;

    5. There is an accident involving a motor vehicle on Company property, outside of any building, that results in a fatality or bodily injury to a person, who as a result of the injury receives medical treatment away from the scene of the accident.

    The driver will be entitled to non-driving work during this period at his/her normal rate of pay."

    So, it's not a "serious" accident (since in-building). Are you aware of other accidents in your center/div and what resulted? Have you encountered terms like "Level 1", "Level 2", etc. in reference to your accident? How long have you been a driver and have there been any other incidents?
  5. dilligafah

    dilligafah New Member

    It happened inside building and he was treated several hours later at UPS doctor. I have been a driver in Ga for 8 years with no at fault accidents or ever in trouble. Hell I'm even on the safety committee. I was not aloud to work in building because of workplace violence allegation.
    Last edited: Mar 2, 2009
  6. gandydancer

    gandydancer New Member

    Since the accident was in-building it's not considered "serious" no matter where the irreg driver was taken, in the absence of a citation, aircraft or fatality. So you are entitled to non-driving work at your normal rate of pay.

    You say unintentionality and "violence" has been "disproved". Is that your judgement or has management actually withdrawn the allegations?

    Management can apply any discipline they can make stick, and if your union supports you (not settling, e.g., for time served in contravention of the contract) that means what they can get past an arbitrator. Hence my question about other cases.
  7. dilligafah

    dilligafah New Member

    Workplace violence has been resolved. There has never been anything like this in my building. So either I should be returned to duty or put to work in building.
  8. gandydancer

    gandydancer New Member

    They may be entitled to discipline you. But you should have been put to work during the "investigation" and until discipline is decided upon (up to 30 days) and for that period you are due back pay. Then you can grieve the discipline and are entitled to work until that is settled.
  9. Loco170Brownie

    Loco170Brownie New Member

    In my center (not that this will make you feel any better) they have been using the same ARTICLE 18 Section 3. Accidents and Reports as a automatic 30 days off the road for just about any accident. At fault, not at fault, doesn't matter, they just say they are investigating it and take drivers off the road. We had a guy tap a mailbox, no damage done to mailbox but a small scratch on the truck, he has been working night preload for 3 weeks as of now.

    I have to ask, was there an underlying reason for the "workplace violence" charge? Was the worker who got hurt someone people know you dislike or have had some issues with in the past? It just seems to be out of left field if not.

    The killer part of this is it sounds like the accident wasn't a big deal, the guys that drive those trains in my building crash them into all kinds of stuff all the time so its not like you did damage to a BMW. You have been there over 8 years so I am stating the obvious when I remind you its the slow season at UPS, then add the state of the economy to the mix, and you get CMs that will do anything to save a buck even if its for just a couple days or weeks. Keep the pressure on the Union to get this done ASAP, the whole squeaky wheel thing is very true.

    Good luck and keep us posted
  10. dilligafah

    dilligafah New Member

    Thanks for all the replies. There is no issues between the hurt guy and me. My situation was reported wrong to mgnt. The problem is a manager :censored2: hurt guy off with accusations and mgnt is trying to make me the root cause of all this.
  11. #1angelfan

    #1angelfan New Member

    good luck to you!!!
  12. Dark_Team_135

    Dark_Team_135 Member

    I know in #5 it says that a person will continue to work if an accident happens inside the building, but can anyone here imagine a driver hitting and killing another employee inside the building being offered inside work while it is being investigated?

    In the case we are talking about now, I think dilligafah is definitely due some back pay.
  13. UnsurePost

    UnsurePost making the unreadable unreadabler

    Not everyone might agree with this, but it sounds like an effort to take a body off of the road rather than actually prove or disprove something important.
  14. jennie

    jennie New Member

    I buy that Sleeve, hang in there Dill. The guys that drive those trains around us bang into so much. Also, when I bring envelopes down to boxline after 8:30, its crazy when the trucks are leaving! So geesh, hope all goes well for you.
  15. UPSNewbie

    UPSNewbie New Member

    No kidding. It scared the crap out of me when the driver would bang every car on a pillar...
  16. dannyboy

    dannyboy From the promised LAND

    You know, the work place violence still has me scratching my head. I know communications at UPS leave a lot to be desired, but come on, work place violence? Thats kinda like someone charging you with rape when all you did was get a drink at the water fountain. Not even in the same world. So how does something like that get "miscommunicated"

    Somewhere there is an answer, but so far, not here.

    As for the "resolved" issues, either they take you out of service for a good reason, or they work you.

    So unless there is something here you are not telling us, there is no reason for you not to be back at work, and with back pay.

    The fact that you are not, and are posting it here, makes me think there is something else that has not been posted.

  17. 02hawk

    02hawk New Member

  18. dilligafah

    dilligafah New Member

    Thank you for all your input and support. I have after 6 work days at home a meeting with the union, labor mgr, and DM. I hope this all comes to an end tommorrow. fyi- DM wants to keep me out 10 days just because he can!!! I have learned much from this experience and I know who has my back and who doesn't. One step at a time right now I just want this behind me and get back to work. Then back pay or not I will recoup my lost wages.
  19. dillweed

    dillweed Well-Known Member

    How hard did you hit that thing? Not to be ciritical but it seems you'd have known you bumped something long before the impact had traveled the length of four train cars.
  20. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Uh...so why don't you just leave?