Trying to keep my job

[JustAnumber1]

i have read many posts and can't find an answer to my questions. I was made to take a reasonable suspicion drug test for a comment I made to a helper. I honestly don't expect to pass it. I am not here to be lectured about the morality of marijuana which is the way so many of these discussions seem to go. My question pertains to the contract, specifically where it says I must be observed by 2 supervisors trained in what to look for. This obviously was not the case as I was required to take the test because of a remark I made to a helper, a poor attempt at humor. My ba says that what the company did is ok and that that part of the contract is apparently irrelevant in my case. He says that the union will not even fight on my behalf. What good is the contract if the company can do whatever, whenever they want regardless of what the contract says? Any insight or thoughts would be appreciated. Thanks to all

 

[Brownslave688]

Without a BA fighting for you there isn't a lot you can do. Other than threaten to file labor charges again your BA im not sure.

The premise of the language is that you be on drugs or drunk while on the clock. Now if you were high on the clock you know it's wrong chalk it up as lesson learned. If not it shouldn't be different than a driver getting a dwi.

 

[JustAnumber1]

I was not high on the clock, nor have I ever been. I still don't understand why my ba says this is something I can't fight and has essentially said he won't fight it. Can I request a panel hearing on my own? Do I have to have a ba? Does the contract language not help me?

 

[UnconTROLLed]

Whatever you said was inappropriate, and it's no longer he-said she-said since you owned up to it. Did management interrogate you without a representative present? I could see you having an argument if you denied saying anything and there were no witnesses.

 

[Brownslave688]

I was not high on the clock, nor have I ever been. I still don't understand why my ba says this is something I can't fight and has essentially said he won't fight it. Can I request a panel hearing on my own? Do I have to have a ba? Does the contract language not help me?

I'm not sure on the language on these things. There are pages and pages and pages on drug and alcohol use. You need to get a copy of your contract and read up.

If you were never high on the clock this is kind of a bull thing. It's not different than someone getting drunk after work.

 

[Brownslave688]

https://www.tdu.org/files/ups-2008-master.pdf

This is the 2008 language. Very similar I assume.

 

[JustAnumber1]

Yes I owned up to it. I did have a steward sit in and say absolutely not one word. It was a joke and I thought it would be taken as a joke. I guess I've made a huge mistake and it will cost me my job. 8 years of my life given to ups, I've worked hard for the company, I've come in early, stayed late, put gas in truck out of my own pocket and in the end all I got was a kick to the curb. Never saw it coming, had now idea my poor attempt at humor would be blown so far out of proportion. Guess I'll have to start looking for a new career. It just blows my mind that the contract plainly states the protocol for drug tests and yet there seems to be nothing I can do about them not following the contract. In all honesty, it's probably the best thing for me, I've loved ups and been proud to work there but management is corrupt. Ive gone out at night, off the clock to find packages a friend misdelivered and took them to the right houses. Did I recieve any credit for that? Absolutely not, the labor managers are simply out to fire people. Nothing I could say or do would have changed their minds, they were intent on firing me the moment they walked in the room.

 

[JustAnumber1]

I've got a copy of the contract. I have read it. The language is very specific and it plainly reads that I have to be observed by two supervisors that are trained as to what to look for. This is not the case, this is not how ups determined they had reasonable suspicion to test me, yet my ba says I have no argument and there's nothing I can do. I've paid dues since I was eligible to join the union but they seem completely unwilling to fight for me. My ba seems to be on the companies side. I would never do this to my friends but if one person merely saying that another mentions drugs is enough to warrant a test, I could shut the preload down, i know for a fact that probably 15 of the 40 employs we have on preload smoke weed. Again, I wouldn't do that to my friends.

 

[Brownslave688]

I've got a copy of the contract. I have read it. The language is very specific and it plainly reads that I have to be observed by two supervisors that are trained as to what to look for. This is not the case, this is not how ups determined they had reasonable suspicion to test me, yet my ba says I have no argument and there's nothing I can do. I've paid dues since I was eligible to join the union but they seem completely unwilling to fight for me. My ba seems to be on the companies side. I would never do this to my friends but if one person merely saying that another mentions drugs is enough to warrant a test, I could shut the preload down, i know for a fact that probably 15 of the 40 employs we have on preload smoke weed. Again, I wouldn't do that to my friends.

We had an oms who smoked a joint in the parking lot EVERY night after work.

If I were you I would go to my hearings beg for my job back and offer to go to treatment.

 

[CHALLY9TX]

You need to file charges against your BA. Contract is clear on reasonable cause testing. Contract is also clear that UPS doesn't have to fire you. Sorry to hear that your union representation sucks. When are you supposed to get the test results?

 

[UnconTROLLed]

As brownslave pointed out, you could file charges against the lazy, useless union. My last grievance (legit one) months ago was thrown away by the president, not even a word about it. I wouldn't trust the Pres or BA, nevermind a steward.

 

[JustAnumber1]

That's what I plan to do but I'd like to have an argument as well. Not to say I'm trying to fight with them, just looking for some mitigating factor, ie, they didn't follow protocol. I've never posted on bc before, read many discussions before but officially joined tonight so that I could ask my question and see if I could get some answers dealing specifically with my issue. Doesn't seem to be a very popular thread!!! I guess I'm grasping at straws, was just hoping someone could give me some insight or advice on how to fight this. I'm not above begging for my job back or going to treatment, it just doesn't seem that the labor manager is willing to hear any of it or is willing to give me a chance. anyway, I do appreciate your reply and that you've tried to help. Thanks

 

[Brownslave688]

That's what I plan to do but I'd like to have an argument as well. Not to say I'm trying to fight with them, just looking for some mitigating factor, ie, they didn't follow protocol. I've never posted on bc before, read many discussions before but officially joined tonight so that I could ask my question and see if I could get some answers dealing specifically with my issue. Doesn't seem to be a very popular thread!!! I guess I'm grasping at straws, was just hoping someone could give me some insight or advice on how to fight this. I'm not above begging for my job back or going to treatment, it just doesn't seem that the labor manager is willing to hear any of it or is willing to give me a chance. anyway, I do appreciate your reply and that you've tried to help. Thanks

It's late most are likely in bed. There's a chance tomorrow you'll get some more help.

 

[JustAnumber1]

I expect my results will come back tomorrow and I expect that I will be positive for weed. Just realized others replied and would like to say thanks to all. I've made some really good friends at ups and I've met some really hard workers. Company doesn't seem to appreciate any of them, ups is the only real job I've ever had, the rest were working for friends or cash jobs. I'm going to miss my friends as much as anything!!! I really don't understand how the contract can so plainly state the protocol and it was not followed but my ba says I don't stand a chance. The union hasn't had a problem taking my money theses last 8 years but now they won't fight for me? Ba says they won't spend the money it takes to fight my case because it's un winnable, well how much money does it take? 8 years at 20/30 a month adds up to a few thousand the way I figure. And they can't afford to fight my case?

 

[Brownslave688]

Ba says they won't spend the money it takes to fight my case because it's un winnable, well how much money does it take? 8 years at 20/30 a month adds up to a few thousand the way I figure. And they can't afford to fight my case?

If this is what he said then you need to contact the NLRB. You pay for representation and they are obligated to represent each employee the same.

 

[542thruNthru]

Did you admit to doing drugs in the meeting or will they find out through the test? Did they ask you if you do drug?

 

[JustAnumber1]

Well that is what he said, made reference to an e-board, I do. It know what that is, I aksed him and he said it was some group that decides which cases to fight and which ones not to. In my case, they would consider it impossible to win and therefore a waste of time and resources. I'm sure it would be a he said / she said thing if I raised this issue with the nlrb. I can't prove he said that. Like I said before, I'm not trying to fight with anyone, company or union, especially not the union as I'd like to think they are on my side but I don't feel like I'm being compently represented and I want to fight, beg, do whatever I can to keep my job. My ba's advice was to resign so that I wouldn't have a discharge for drugs on my employment record. He says at best he may still get them to allow me to resign after I fail drug test. He always seems to justify the company's actions, it's not just me, other employees feel the same way, I didn't vote for him and everyone else claims they didn't either. Obviously I cant verify who voted for him and who didnt but he won and I'm stuck with him. I hate to threaten him with filing charges with the nlrb because im sure that's not going to garner much effort on his part to thoroughly represent me. On the other hand, he seems completely unwilling to represent me At this point. Says he doesn't know how and that if by chance I could get to a panel hearing I would be on my own because he has no argument. I'm sorry for such long posts, I'm long winded and im looking for any and all avenues for keeping my job

 

[Babagounj]

Since your BA has blown you off ,
get yourself a labor lawyer .
Inform UPS that for now on you will only have a meeting with them with your lawyer present .
Have your lawyer demand that you are requesting a complete record of all their actions against you to date .
Make them provide signed documents to back up all their accusations .

 

[JustAnumber1]

no, I did not admit to doing drugs in the meeting, I admitted to taking a prescription pain pill, which I have a valid prescription for. I'm sure my test will be positive for marijuana. They asked me if I had a problem with herion, I told them no. I don't have a problem with herion, I've never done herion, never seen herion, don't know anyone that does herion. I made a joke in reference to herion and my helper that day told management. That led to me being interrogated and I refused help when they asked because like I said, I don't need help for a drug I've never even seen!!!! Once I realized they were going to test me, I asked to go into a treatment program because I knew I would be positive for weed. They would not allow it because they said I had already refused help. I understand the language of the contract, I understand that asking for help once a test is imminent is too late. My argument is that the test was unwarranted because of the contract language. Contract says I must be observed by 2 supervisors to have to submit to a reasonable suspicion test. So company wants to adhere to contract language in regards to me asking for help after it's too late but disregard the language about the protocol for reasonable suspicion.

 

[542thruNthru]

Hate to say it but I'm pretty sure your BA is right.

If they asked you in your meeting if you do drugs and you said no. Then it's dishonesty.

I believe the 2 person observation is about being high at work. Yes you were not high at work but you do drugs and now they know. It's a liability. If you were to have an accident or cause someone else to have an injury and someone said the company knows you do drugs they could be held liable.

Also do you think if I came into work yelling "Man I love weed! I got so high last night!" I could really say "sorry UPS you can't touch me because you didn't have 2 people trained to observe me!" I'm sure that's not what happen but you said something and the cats out of the bag.

Good luck man. I hope they take pity on you but I don't see you having much of a fight.