Told to leave then fired for abandonment.

Discussion in 'UPS Union Issues' started by Disillupsioned, Jun 11, 2010.

  1. Disillupsioned

    Disillupsioned New Member

    Last July a superviser ordered me to leave the property then reported I abandoned my job. He ordered me to leave in front of a witness. I have been through all the panels and now UPS and the Teamsters are in federal court over where the arbitration should legally be held. Yesterday, my local steward called me to inform me the labor manager retired and the new one has offered me my job back provided all time out is unpaid suspension and if this ever happens again I'm done. If I accept the offer, I know I'll regret it and hate myself for doing so but I'm getting a lot of pressure to accept. Has anyone had a similar situation where UPS made an offer so late in the game? Also, can UPS be doing this out of the goodness of their heart(hehe)? Or, am I right in assuming the offer itself is an admission of culpability? The steward seems to think, if I go to the end of arbitration, I'd be lucky just to have my job back.
  2. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    At this point I would have to assume that you have found work elsewhere and have begun to move on with your life. If this were me and if what you have told us is true, I would turn down the job offer and take my chances at the federal level. I assume they are arguing wrongful termination and are seeking back pay and punitive damages on your behalf.

    I do have to think that there is more to this story than you are telling us here. My advice is based upon the information that you did provide.
  3. grgrcr88

    grgrcr88 No It's not green grocer!

    Without knowing all the facts it would be wrong to give you advice, if you think your in the right stay out for backpay, if you have any doubt take the offer. Your the one that truely knows.
  4. Disillupsioned

    Disillupsioned New Member

    I am less concerned at this point with the merits of the case as the argument is still over whether I even should have been removed from the payroll instead of given a working termination. There will be 2 arguments before any discussion of the case itself takes place. First, is the removal from payroll and second, is termination for a first time offense. A similar occurrence happened over 2 years ago when I had a medical problem (I felt the need for medical attention for panic and it turns out my blood pressure went to 200/100) and the business manager refused to let me leave and I did anyway. I got my job back that time in 2 days. UPS is saying second offense no paperwork required, but it had been over 18 months, well past the probationary period. No, I have no employment at this time. I've had some work but nothing steady yet.

    My biggest question is why would UPS make this offer midstream when we're not not even in any formal negotiations right now. Is the new labor manager a nice guy saying, "oh let's let the poor guy have his job back???"
  5. tieguy

    tieguy Banned

    Its possible the new labor manager thinks this case is a loser. Its also more realistic that he does not think the cost of going through the arbitration process is worth taking your job.

    Your union understands the merits of your case better then anyone on this board.

  6. UnsurePost

    UnsurePost making the unreadable unreadabler

    This sounded like a setup to get you off the books and out of their hair for awhile. Not knowing the whole story, they probably hoped you would't come back and if you did you'd accept with no back pay.
  7. hypocrisy

    hypocrisy Banned

    I would see your own attorney specializing in labor issues yesterday.
  8. JonFrum

    JonFrum Member

    Do you suffer from a medical condition like Panic Atacks? If so, have you been properly diagnosed by a doctor?

    Contract Article 14, Section 3, and Article 16, Section 6, state your rights under the Americans With Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). If apropriate, get qualified under both of these Acts, and pre-approved for Intermittent Leave, which you can take anytime as the emergency arises?

    If UPS didn't follow the proceedures in the Acts, they may be liable.
  9. Dude - You need to hire your own personal attorney to represent you. One who specializes in this area.

    Good luck.
  10. tieguy

    tieguy Banned

    where did you read this case requiring FMLA?
  11. stevetheupsguy

    stevetheupsguy sʇǝʌǝʇɥǝndsƃnʎ



    We here at the BC can give convincing arguments about whether you should/shouldn't hold out, but taking OUR advice is equivalent to walking up to anyone on the street and asking them for the same advice. Your local knows the merits of your case and should give you sound advice as far as whether to take an offer or not, though the final choice is still yours. As for me, I tend to lean toward the stubborn side, so I'd tell you to hold out and see what happens, but that's just me not being willing to budge an inch if I feel I have been slighted and the other party is at fault. Look at your options carefully, see what is at the end of each choice and make the wisest choice for yourself. Good luck!
  12. pickup

    pickup Well-Known Member

  13. 22.34life

    22.34life Active Member

    this thread is like a novel with alot of missing chapters, we dont know the whole story.some sup says leave the building and you just left that doesnt make much sense to me,was this some parttime sup that told you this or what,i think their is alot more to this story than we know.
  14. grgrcr88

    grgrcr88 No It's not green grocer!

  15. Disillupsioned

    Disillupsioned New Member

    The point is now moot. Turns out the union thinks my case is a loser and they WON'T pursue it to arbitration whether I want to or not.

    Can they do that??

    So my choice is accept the offer of my job back or accept the discharge and that's a no-brainer.
    I am still very concerned over why UPS is offering my job even though the union won't pursue it further.
  16. bluehdmc

    bluehdmc Well-Known Member

    You might want to contact a labor lawyer before you make any decision.
  17. JonFrum

    JonFrum Member

    Legally, the Union has the discretion to pursue a case or not, but they must be reasonable in exercising their discretion. The Union has a legal "Duty of Fair Representation." If they drop a case that has genuine merit you can bring charges against them at the regional office of the NLRB.

    You would have a stronger case if the details reveal that UPS violated some law (like FMLA) or the Contract. But you are under no obligation to post the details here online. However, we can't evaluate your case properly if you don't.
  18. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Take the offer--the only thing you can lose is your pride.
  19. Returntosender

    Returntosender Well-Known Member

    The company offered your job back with no back pay. Bull*987 the company is covering their ***** from a potential lawsuit. Why would they offer you your job back back so late in the game. Sounds like both sides Union and company is withholdling information from you.
    You might want to get yourself a labor attorney and get have the attorney subpoena every document releated to your case. Including documented interviews done with the witness. You can go onestep furter and go for jugular have you're attorney question the witness, union rep, and sup involved your case.

    You think the company had a changed of heart all of sudden that's why they offered you you're job back. Everyone at UPS is replaceable you know that. UPS is a business they will fire workers and replace those workers. No such thing as changed of heart.
  20. Dark_Team_135

    Dark_Team_135 Member

    This is true, but the likelihood of winning a DFR charge is about the same as winning the lottery. I have read some cases that I can't believe weren't won, but it happens. You would almost have to show that the Union had a political reason or were out to get you for something and would likely have to get them to admit to it under oath to have a chance.

    Does anyone have any personal experience with winning a DFR charge? If so, I would like to hear the details of the case.