Terminated, in need of help

Discussion in 'UPS Discussions' started by Hardworker360, May 12, 2015.

  1. Hardworker360

    Hardworker360 New Member

    Hello upsers, I've been with ups for 8 years now As a local sorter / utility driver in Washington state.

    I went in for my dot physical last month and the doctors office made a mistake and administered a drug test. Was not random,I gave no reasonable cause. I failed the test for smoking marijuana. When brought in for interrogation I was honest and admitted to use thinking my punishment would simply be the s.a.p program. They told me to resign or face termination. I thought it was just a scare tactic and decided to face termination. Well they terminated me for it under article 28 section 2? Not giving me a chance to do the s.a.p program under article 35. They said that only applies to feeder drivers. What!?

    Grieved the termination, went to the center level hearing and begged to keep my job. Was just informed yesterday from my Union rep that they are proceeding with the termination.

    Now I am terrified. Busted my ass for 8 yrs, always honest, only 1 on road accident where I got stuck. Hardly ever got in trouble. Never smoked at or before work, and I'm flat out terminated!? Union rep says I can go to panel hearing but my chances of getting my job back are slim at best.

    Anybody have some advice on the situation? Anybody know how long I have until I lose my medical benefits? Anything I can do to try and save my job? Please don't give me the weed lecture, it became legal here in 2012, if I'd known punishment was instant termination I never would of smoked. Completely blindsided by all of this, and now I fear I'm ruined... Any advice is greatly appreciated thanks guys.
  2. silenze

    silenze Lunch is the best part of the day

    No matter what the contract says it depends on what your business agent and union agree and stand up for. Sorry about your termination.
  3. Monkey Butt

    Monkey Butt Dark Prince of Double Standards Staff Member

    Sorry about your situation but the rules are made by the Federal National government which does not recognize the legality of marijuana as defined by the state of Washington.
    There are several lawsuits ongoing about this "gray" area.
    Good luck.
  4. Bren_dan

    Bren_dan New Member

    Sorry to hear about that, and honestly I'm very surprised. How come the union can't put up a better fight? You didn't steal anything, lie, or get into a fight. Sounds like you were honest about it, and loyal to the company. Rooting for you.
  5. HardknocksUPSer

    HardknocksUPSer Well-Known Member

    Same thing just happened to a guy at my center, so close of a story I'm wondering if it's you? If it's you, we miss you. I hope fedex works out bud.
  6. tacken

    tacken Active Member

    And that's your union at work for you. Sorry hope, all turns at well for you. Just keep paying those dues.
  7. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    No surprise the termination was upheld at the center level hearing. They want you to sweat and stress until the next hearing. Marijuana is a bigger deal than what many people believe. Remember, they don't want you driving while high anymore than they want you driving drunk. Maybe you'll be given a second chance at the next level hearing. With rehab of course.
  8. realbrown1

    realbrown1 Annoy a liberal today. Hit them with facts.

    Don't do drugs.


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  9. Mugarolla

    Mugarolla Light 'em up!

    The SAP program only applies to feeder drivers who fail a pre-employment or random drug test. It does not apply in your case.

    I cannot give you any idea what will transpire at the State Panel. I have not seen this situation come up at the panel before.

    It is possible that you may receive a termination reduced to a suspension, but I do not know that I would count on that. UPS has zero tolerance for workplace violence and drugs. You are in a gray area, it is legal in your state, but laws have not been written regarding marijuana and employment.

    But the contract, at the moment is specific, and final and binding under both parties.

    You are subject to being under 15 ng/ml Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA). Apparently, you were over this threshold and admitted to using marijuana.

    If you are under Teamcare, you do not have insurance for any week that you do not work. If your State Panel hearing is not until next month, you will not have insurance.

    If you are not under Teamcare, you need to check with your insurance. I believe you said 8 years. You have been here long enough that you should know, and care, about your benefits.

    If you do lose your job, you have the opportunity to pay for COBRA. You can keep your insurance for up to 18 months, I believe. But it will be expensive. In the vicinity of $900-$1100 per month. You may find it cheaper on the exchanges.

    I am not going to lecture you about drugs, but I do have one thing to say. It is too late for you, but maybe someone else may learn from this.

    Why in the hell did you let them drug test you for? You said the doctor made a mistake. No, you made the mistake. Package drivers are not subject to random drug tests. You were there for your DOT physical.

    If the doctor, or nurse comes in and starts the process for a drug test, kindly inform them that you are not subject to a drug test. You are there for a DOT renewal and are not a feeder driver. They will realize their mistake and discontinue with the drug test.

    Good luck and I hope the panel gives you a second chance. They can agree to send you to rehab, even though it does not apply to you.
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  10. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    We've had several package drivers go to rehab. Whether or not a manager is willing to allow that AFTER a failed drug test probably, and sadly, depends on how impressive that driver's numbers are on the daily operational reports.
  11. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    I could totally see the company cracking down on this in states where weed has been legalized.
  12. silenze

    silenze Lunch is the best part of the day

    Its easy to get confused because they have to take a urine sample for diabetes
  13. Wally

    Wally Hailing from Parts Unknown.

    Random test all package car drivers.
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  14. nystripe96

    nystripe96 Active Member

    I can't even begin to imagine what you're going through. All I can see is keep your chin up & stay positive even though that sense of dread is likely eating away at you. Stay strong brother
  15. bleedinbrown58

    bleedinbrown58 ahhh....the mouth breathers

    "Accidentally" gave you a drug test without your signed consent and then released the results of the test to your employer? I don't buy your story, sorry. You left something out somewhere....
  16. oldngray

    oldngray nowhere special

    I have gone for DOT physicals where they are confused about whether a drug test is required or not. They tend to lump package car drivers in with freight.
  17. bleedinbrown58

    bleedinbrown58 ahhh....the mouth breathers

    Right....but by accident? Or they performed a drug test because the.dot believed it was required.....therefore the OP knew...okay I piss in this cup and this is for a drug test.
  18. Mugarolla

    Mugarolla Light 'em up!

    For the blood sugar test, they do not make you empty your pockets, instruct you not to flush and to not wash your hands until you have given the nurse your sample.

    They then do not seal your specimen in a drug test container, in your presence, and make you sign forms if it just a blood sugar test.

    For a blood sugar test, they do it in your presence. Drop the test strip in your sample, wait a minute, read the strip and dump the sample.

    How can you be confused about the two? Maybe because you are high and not paying attention?
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  19. Mugarolla

    Mugarolla Light 'em up!

    Apparently none of you realize how the grievance process works.

    The BA cannot force UPS to re-instate the driver. The union did stand up for this guy. They did not agree to terminate him.

    The case was deadlocked. UPS would not budge. Termination.

    Union would not agree to termination.

    Case goes to the next level.

    It sounds like the local BA did what he was supposed to do and backed the driver 100%

    This was not going to be settled at the local level. The stakes are too high. This basically involves laws that are not written yet. This will be settled by the higher ups, one way or another.

    I see this being deadlocked at the State and going to the JAC. I hope not, and hope that the State Panel agrees to sending him to rehab.
  20. PT Car Washer

    PT Car Washer Well-Known Member

    Random test all employees.
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