Termination-Peak Season Driver

[Whaler31]

As a peak season hire, I was terminated for "sexual harrassment" after returning to the center Monday PM.

(You can check out my posts in general discussions on browncafe for some detailed background).

My question is....we are paying "service fees" (union dues) to the local.

I was wrongfully accused by a regular union driver.

According to the local, the union can't do a thing for me.

According to what I have read from the Teamsters:

"Peak Season Employment at UPS is considered Bargaining Unit Work, and falls under the Terms and Conditions of the Teamsters/UPS Labor Agreement"

So, that sounds like since I was falsely accused by a union driver, I should be able to have some union representation under the terms and conditions of the Teamsters/UPS Labor Agreement.

None of the Union rules/guidlines were followed in my case, nor were UPS internal guidlines followed, nor were state Labor Department guidlines followed, nor were Federal Labor guidlines followed (for sexual harrasment-in all cases)

Does anyone out there have a clue as to what the deal is with this?

I may not be an angel, but I have never been fired from a job in my life. Nor have ever sexually harrassed anyone in my life. I do not want to have this scourge/scarlett letter put upon me on a managers whim.

The center manager summarily fired me on the spot with no investigation, or chance for me to state my case, or even know my accuser.

I understand this work was scheduled to end 12/31/2006, however, I have lost out on the most money I would have made in the entire 3+ months, and basically had the rug pulled out from under me.....right before Christmas, with no basic rights given whatsover.

They's have been better off firing me for no reason. But they didn't.

Thanks for listening.

 

[Fredless]

Obviously the stewards suck in your center. If thats the case, screw them and go above thier head and go directly to the business agent.

If he does nothing for you, go above his head. Each step you go up the union ladder, BARK louder.

If the Local president blows you off, get a lawyer.

Here's why you're going to get your job back (I hope):.

They fired you without representation. I hope you told them I DEMAND a meeting with my union representatives.

Secondly, DID You sign anything? I HOPE TO GOD you did not without representation, its what you pay for. The union can get management by the balls by loopholes like that - which was denying you your WEINGARTEN rights. Hell, one of our stewards got a COVER drivers job back for taking two hour long screw breaks with some hoe on his route. Not only was that stealing 1 hour of time, it was causing him to manufacture OT. How he got his job back? I do not know, they might of fired him out of anger and denied him his weingarten rights as you have been denied.

Don't give up, get on the phone with your Business agent NOW! If you really want to keep the job but if you were hired as a temp driver, your chances of getting in as a driver off the street are VERY slim and you may be fighting for a job that in 2 weeks will yield you 8.50 an hour as an unloader. I would be fighting this on principle though to get that crap off my record. Good luck and let us know how it goes.

 

[Keepingthemhonest]

you have no representation you are seasonal

 

[trickpony1]

FIRST, I would request a meeting with the center manager and the BA/steward to clear up any misunderstandings. I would not go in there looking for someone's head, so to speak. I would be cordial and agreeable.....not hateful. This puts the ball in their (company) court. It's their move now.
Then, I would file a grievance under whatever article you quoted, apparently from the contract book, regarding seasonal "....falls under Terms and Conditions....." I would file quickly. There is, I believe, a 10 day period. Filing should entitle you to a local (on property) hearing where the differences can be heard and sorted out. I would think your accusor would/should also be at that meeting.
If the union says you have no recourse, I would show the BA the language in the book.
I don't think it matters who accuses you of what.....the company has to make it stick.
If you are refused the meeting with the center manager and the union continues to not represent you, I would file misrepresentation on the union and unfair labor practices against the company(termination without cause and unilateral change in contract language) with the NLRB.
I think the company likes a person with a little fight, a little initiative, a little "intestinal fortitude". If you simply tuck your tail and turn and walk into the shadows after this ordeal, the company can say,"see,........he didn't care enough to fight for his job.".
One more bit of advice and I hope you are listening..........
You need to COMPLETELY exhaust the grievance procedure before you get an attorney. If the company finds out you have an attorney, everything stops........and I do mean everything.
Good Luck and Godspeed.
I'm not an overly spiritual person but I believe there is scripture, to the effect, "....the Lord helps him who helps himself...." (paraphrased).
I am not a BA, steward or an attorney. My opinions are just that, opinions..........based on 28 years of observations.
Keep us posted.

PS-I would be interested in knowing what article you quoted in your previous post so I can research it. Thanks.

 

[Whaler31]

you have no representation you are seasonal

According to our local...

"Peak Season Employment at UPS is considered Bargaining Unit Work, and falls under the Terms and Conditions of the Teamsters/UPS Labor Agreement"

Sounds like you might be mis-informed...perhaps.


As for the Teamsters Union.....

They are speaking with center managment today, thank you very much.

 

[Fredless]

you have no representation you are seasonal

He said he is paying union dues, thats makes him a brother of mine. I'd do anything in my power if he were at my center to help him.

 

[trickpony1]

He said he is paying union dues, thats makes him a brother of mine. I'd do anything in my power if he were at my center to help him.

If every pkg driver stayed off their truck in the morning;
........didn't show for the PCM until 5 minutes before;
........did a complete pre-trip;
........didn't run all day long;
........took all their meal and called for help;
........did a complete post-trip;
........did their turn-in in the turn-in room instead of the cab of their truck....

....there would be a show of unity!!!

 

[Keepingthemhonest]

everyone pays union dues, even seasonals, simple because their wage rates are garunteed by the union and naturally the union should be entitiled to collect a little something for 'allowing them to preform bargining unit work'....they didn't play the 300$ initiation fee and until they do that they are not my brother...did he ever even qualify as a driver...i mean yeah it's sometimes a rotten deal but that's the way it is!

 

[Whaler31]

Obviously the stewards suck in your center. If thats the case, screw them and go above thier head and go directly to the business agent.

If he does nothing for you, go above his head. Each step you go up the union ladder, BARK louder.

If the Local president blows you off, get a lawyer.

Here's why you're going to get your job back (I hope):.

They fired you without representation. I hope you told them I DEMAND a meeting with my union representatives.

Secondly, DID You sign anything? I HOPE TO GOD you did not without representation, its what you pay for. The union can get management by the balls by loopholes like that - which was denying you your WEINGARTEN rights. Hell, one of our stewards got a COVER drivers job back for taking two hour long screw breaks with some hoe on his route. Not only was that stealing 1 hour of time, it was causing him to manufacture OT. How he got his job back? I do not know, they might of fired him out of anger and denied him his weingarten rights as you have been denied.

Don't give up, get on the phone with your Business agent NOW! If you really want to keep the job but if you were hired as a temp driver, your chances of getting in as a driver off the street are VERY slim and you may be fighting for a job that in 2 weeks will yield you 8.50 an hour as an unloader. I would be fighting this on principle though to get that crap off my record. Good luck and let us know how it goes.

The question is....The Union contacted the center manager yesterday to "investigate". Suddenly, the center mgr. came up with new charges....that he took me aside to discuss the seious issues with me.

The only problem is, that I never was taken aside or talked to, or given any kind of warning-written or verbal written-or otherwise.

The Union Rep told me prior to his conversation with the center mgr., that my "ace in the hole" here, was not having any Union rep. of any kind present at my accusal/dismissal.

Honestely, at this point, the whole thing stinks, in my humble opinion. I was working hard for UPS, and too darn busy driving and doing bulk drops and pickups, etc., to even deal with females drivers, or any others at the center, for goodness sake!

I want to get my name cleared here, that is all. I feel like the center manager could have me beheaded if he saw fit at this point!

 

[Keepingthemhonest]

Article 17 of central states supplement (many other area slightly edit it) states you may be discharged or suspended without a verbal warning or letter due to serious 'cardinal' offenses, such as....drinking during the work day, stealing, runaway accident, 3day nocall, failure to report an accident ect.... if there was a serious offense already agreed upon by the company and union then the most you can hope for is an investigation by the biz agent

 

[Cezanne]

Don't forget about spitting on the sidewalk, looking the wrong way, kicking your dog and combing your hair on the wrong side. All covered under Article 17, section i (serious offense).

 

[trickpony1]

Don't forget about spitting on the sidewalk, looking the wrong way, kicking your dog and combing your hair on the wrong side. All covered under Article 17, section i (serious offense).

I agree completely.

Did you notice when the center manager found himself in a corner and his ### in a wringer that SUDDENLY new charges appeared that whaler31 was supposedly "pulled aside" and talked to about? Doesn't require a shred of evidence........

At what point will the pristine image that management has of itself become transparent?

PS-I would also recommend that whaler 31 COMPLETELY exhaust the grievance procedure before getting an attorney. If the company finds out you have an attorney, everything stops and, trust me, I'm not kidding ya.

 

[Fredless]

I stated that thing about an attorney IF the Union blew him off, obviously exhaust EVERY possible avenue before that.