Terminated For Gross Negligence

[Jones]

I'm curious, was there a police report? Who was ruled at fault in this accident? When there's a fatality it's a guarantee that someone is going to be ruled at fault, even if it's the dead person.

Advice I've always heard regarding terminations is that that unless you have an absolute slam dunk case that you know you can win at arbitration, you should take your job back the first time they offer it, ie, you should have taken that combo job.

Good luck and I hope things work out for you, it's tough being put on the street after 13 years.

 

[laurietito]

Why didnt you take the combo job?

Because I have 2 kids/ wife works... Hard to find babysitter at 3 in the morning... Why should I have to degrade myself to sweeping floors/ loading trucks and no more driving when I didn't do anything wrong!!!!

 

[laurietito]

why are you reluctant to give details on the accident.

what happened in the accident and where or how were you considered grossly negligent.

I was attemting to cross an interesection, looked both ways, proceeded then heard a loud noise. The motorcyclist was traveling at an unsafe speed per 3 witnesses and swerving through traffic. He slammed into the side of the brown truck. I never saw him coming, had no idea what hit me. Discharged due to article 17 and they said the accident was avoidable!!! I am not reluctant to give details , ask me anything!

 

[laurietito]

I'm curious, was there a police report? Who was ruled at fault in this accident? When there's a fatality it's a guarantee that someone is going to be ruled at fault, even if it's the dead person.

Advice I've always heard regarding terminations is that that unless you have an absolute slam dunk case that you know you can win at arbitration, you should take your job back the first time they offer it, ie, you should have taken that combo job.

Good luck and I hope things work out for you, it's tough being put on the street after 13 years.

The police report shows that the accient was caused by unsafe speed from the motorcylist. Circumstances that I caused the accident=none!!
I dont' regret not taking the combo job.... Gotta stick up for what I believe in!!

 

[705red]

Offered combo job before the local hearing, denied the offer, deadlocked at local hearing, then discharged at national hearing.

Now why would you have a national hearing when you dont fall under the national agreement? If your in indiana then your in local 710 and like the local im in 705 were both under seperate contracts. In 705 none of our cases go to a national panel everything happens in house at panel then on to a local area arbitration. Please explain the accident, your hearings low level, local panel, so-called national panel. Please.

Ps danny boy you brought up a good point on how the back room deals are done at panels. Im proud to say that here in 705 those days are long over and every case gets heard for its self and judged on it, with no deals. Just ask management around here, last i heard there were 250 cases on panel here last thursday and 48 were addressed, all deadlocked. The company couldnt admit they were wrong in any of these 48 cases? I am looking forward to contract talks!!!!

 

[laurietito]

Now why would you have a national hearing when you dont fall under the national agreement? If your in indiana then your in local 710 and like the local im in 705 were both under seperate contracts. In 705 none of our cases go to a national panel everything happens in house at panel then on to a local area arbitration. Please explain the accident, your hearings low level, local panel, so-called national panel. Please.

Ps danny boy you brought up a good point on how the back room deals are done at panels. Im proud to say that here in 705 those days are long over and every case gets heard for its self and judged on it, with no deals. Just ask management around here, last i heard there were 250 cases on panel here last thursday and 48 were addressed, all deadlocked. The company couldnt admit they were wrong in any of these 48 cases? I am looking forward to contract talks!!!!

I don't know if it's called a national hearing. It was a (JAC) hearing in Chicago. My accident involved a motorcyclist traveling so fast that I never saw him until he passed away at the scene of the accident after he rammed into the side of the brown truck!! The local hearing was deadlocked. I would love to know what was talked about after my case was heard!!!! How could my case be a discharge..... I will never know!

 

[rocket man]

I believe you did not do anything wrong. But I have a hard time believing you don't no the process of dead lock and the hearing process. I 100 pct belive the union represented you 13 years with the company as a valuauble employee. Just a couple of questions? Why did you make 10 posts - not the whole story at once. 13 years is a good standing member with union . How many union meetings have you been to over the years? Do you know where the union hall is? Did you know your agent's name and I don't mean your steward? Did you go to the panel hearings? And I don't mean the one at the hub? You should not be asking half these questions on this; you should almost have direct line to your local. I truly feel sorry for you and family. I mean it. Not just to you but who ever reads this your union is NOT A FIRE DEPT. They are there to put out the fires we start, but it's good to give the hall a call even when it's a good day. The agents like that, I recently learned first hand. Your dues are not wasted - panels etc . GOOD LUCK. Dont resign no matter what.

 

[705red]

I don't know if it's called a national hearing. It was a (JAC) hearing in Chicago. My accident involved a motorcyclist traveling so fast that I never saw him until he passed away at the scene of the accident after he rammed into the side of the brown truck!! The local hearing was deadlocked. I would love to know what was talked about after my case was heard!!!! How could my case be a discharge..... I will never know!

A deadlock does not mean your out of choices. From what you have said im sure your local will arbitrate this case, maybe not for you, but to insure they cant have this happen to someone else.

I believe you did not do anything wrong. But I have a hard time believing you don't no the process of dead lock and the hearing process. I 100 pct belive the union represented you 13 years with the company as a valuauble employee. Just a couple of questions? Why did you make 10 posts - not the whole story at once. 13 years is a good standing member with union . How many union meetings have you been to over the years? Do you know where the union hall is? Did you know your agent's name and I don't mean your steward? Did you go to the panel hearings? And I don't mean the one at the hub? You should not be asking half these questions on this; you should almost have direct line to your local. I truly feel sorry for you and family. I mean it. Not just to you but who ever reads this your union is NOT A FIRE DEPT. They are there to put out the fires we start, but it's good to give the hall a call even when it's a good day. The agents like that, I recently learned first hand. Your dues are not wasted - panels etc . GOOD LUCK. Dont resign no matter what.

Hes in local 710 which covers chicago, indiana and parts of iowa so in his defense he would have to drive into chicago to go to his meeting. I can tell you that i wouldnt make every meeting at that distance.

 

[laurietito]

I believe you did not do anything wrong. But I have a hard time believing you don't no the process of dead lock and the hearing process. I 100 pct belive the union represented you 13 years with the company as a valuauble employee. Just a couple of questions? Why did you make 10 posts - not the whole story at once. 13 years is a good standing member with union . How many union meetings have you been to over the years? Do you know where the union hall is? Did you know your agent's name and I don't mean your steward? Did you go to the panel hearings? And I don't mean the one at the hub? You should not be asking half these questions on this; you should almost have direct line to your local. I truly feel sorry for you and family. I mean it. Not just to you but who ever reads this your union is NOT A FIRE DEPT. They are there to put out the fires we start, but it's good to give the hall a call even when it's a good day. The agents like that, I recently learned first hand. Your dues are not wasted - panels etc . GOOD LUCK. Dont resign no matter what.

I didn't print the whole story at first, because I have never been on this website.. I did not know how it works. I know where the union hall is.. I know the agent's name.... he basically didn't do his job right... never set up any meetings to talk about case... I would have never resigned. I am a fighter... thanks for the comment

 

[705red]

705red-

Have you ever heard of/been involved in a "8.3 appeal" ?
It may also be known as a "8-3 appeal".
If you have I would be interested in knowing the details.
Thanks.

Trick i have never heard of an 8-3 anything. Here article 8 covers national language and really has no merit in our local. Pm if you like and i can make some calls to gather what ever info your looking for.

 

[laurietito]

A deadlock does not mean your out of choices. From what you have said im sure your local will arbitrate this case, maybe not for you, but to insure they cant have this happen to someone else.

Hes in local 710 which covers chicago, indiana and parts of iowa so in his defense he would have to drive into chicago to go to his meeting. I can tell you that i wouldnt make every meeting at that distance.

Thanks. I wouldn't wish this on anyone!

 

[Covemastah]

If you are telling the whole truth here, and have gotten no where with the union and the EVIL EMPIRE, go to the national news and tell them the facts i'm sure ups would love to lead the national eveving news ie cbs abc ,nbc , fox or dreadfully cnn with a loyal great driver who was using his 5 seeing habits and got hit by a fool who police say was at fault and YOU GET FIRED through that in the Empires face !!!!!!!!! good luck !!

 

[paidslave]

I didn't print the whole story at first, because I have never been on this website.. I did not know how it works. I know where the union hall is.. I know the agent's name.... he basically didn't do his job right... never set up any meetings to talk about case... I would have never resigned. I am a fighter... thanks for the comment

So why did you resign? You were fired so you didn't need to resign........You were fired and you should have went on unemployment right away!

U may have a suit against the other parties insurance but you better talk to a lawyer very soon to file a case! U have lost a heck of a lot given you were hit on the SIDE of the truck and never saw the speeding motorcycle coming! It sound like he must have ran a red light or stop sign but it there wasn't a stop sign then were crossing an intersection without a traffic sign. That could make it tricky cause you were crossing a street and going through traffic.....

If you were hit on the left of the truck the driver in the right has a bit of the right away passing through stop signs! Example: two vehicle aproach stop sign at same time, the driver on the right has the right to go first! The point being this will also show that this motorcycle was not paying attention coming from the left. If you looked left and didn't see him and you look right and saw nothing and glanced left you were probably hit so quickly because a very high rate of speed...

I see these motorcyles just flying and it makes it very dangerous....for even the best drivers!

I hope someone here can help you........I hope things work out for you and your family!

 

[paidslave]

The police report shows that the accient was caused by unsafe speed from the motorcylist. Circumstances that I caused the accident=none!!
I dont' regret not taking the combo job.... Gotta stick up for what I believe in!!

Did you sign resignation papers?

 

[Leftinbuilding]

Can't say for positive, but I believe here in Calif you can be found at least partially at fault if you pull out in front of someone and they hit you. The fact he was speeding makes him liable also. It still seems to me we are missing part of the story. Was the cross street straight/level? Daylight? Weather? As someone said earlier, I can't believe UPS would leave themselves so openly liable to lawsuits without being absolutely sure in their position. And then every subsequent hearing agrees? Sounds funny to me...........

 

[paidslave]

I'm curious, was there a police report? Who was ruled at fault in this accident? When there's a fatality it's a guarantee that someone is going to be ruled at fault, even if it's the dead person.

Advice I've always heard regarding terminations is that that unless you have an absolute slam dunk case that you know you can win at arbitration, you should take your job back the first time they offer it, ie, you should have taken that combo job.

Good luck and I hope things work out for you, it's tough being put on the street after 13 years.

This sould be slam dunk.....no tickets, no CRIMINAL CHARGES, witnesses saw motorcyle speeding, news channel reports accident, ect,ect, from what I see the ball was dropped on this one!

The only CASE brought here is a FEDERAL case UPS made of this grossly neglegent charge....

Drinking and Driving and speeding is grossly negligent!

 

[Coldworld]

Intersection accidents are dangerous, especially if our drivers have a good view of all areas of the intersection. if it was a car speeding then you probably could have seen it, but these crouch rockets, going 100 miles an hour are a coffin on wheels. So, if the police report says that the cycle was 100 percent fault, could this person sue ups and get their job back. Had a death in our center, other cars driver died and our driver had no problems, but it wasnt an intersection accident. Whats the chances that this driver will get their job back? Lets say that this driver got seriously hurt, could they sue the family of the motorcycle if they tried to sue our driver??

 

[tieguy]

This sould be slam dunk.....no tickets, no CRIMINAL CHARGES, witnesses saw motorcyle speeding, news channel reports accident, ect,ect, from what I see the ball was dropped on this one!

The only CASE brought here is a FEDERAL case UPS made of this grossly neglegent charge....

Drinking and Driving and speeding is grossly negligent!

I admire your spirit of fighting for the underdog but this underdog got some splainin to do.

Per his story:

company made up gross negligence charges.

because motorcyclist with a death wish ran right into the side of him and he could do nothing to avoid it.

company somehow bribed or fanagled their way through a panel to win the discharge even though we had no cause and no reason to fire a perfect employee with a perfect record.

company did all those underhanded stuff because they wanted to fire him a guy with a perfect record for no reason.

but wait the company then offered him a settlement that would have allowed him to keep his job.

so company manufactures, lies, cheats and steals a discharge but yet then offers him an option that keeps his job?

don't make sense to me.

 

[paidslave]

Thanks TIE.

None of us here will ever know the whole story and truth.


If this happened to me I would be a wreck driving all day long. This has to be very traumatic for this guy. I am just trying to give some decent info and support and lend an ear....


You are correct TIE a JOB was offered and denied.....The bottom line there are no winners here.........very sad!

He still has his life, his family, and a chance to put his life back together. Motorcyclist won't have another chance!


This is never easy for anyone so count your blessings!

 

[dannyboy]

Tie, I agree that there are a lot of pieces of the puzzle still missing in this story. A lot of maybe's and comments made that sound like a story being woven as we speak. Dont know if he/she is a troll, but there are things posted that make me wonder.

As far as the combo job offer at a reduced pay, without the chance at future advancement, I would have turned that down as well. Existance is no life. While not really a dream job, a ups driver at least has a lot going for it, while a dead end inside job at a much reduced rate of pay goes no where.

Like I said though, a lot of information is missing from the story. Like links to the news article on the accident, copies of the hearings, etc.

As far as the travels to chicago to attend the hearings, If my job and future depended on it, your damn right I would go. Each and every time.

d