Can someone correct me if I am wrong but wasn't there an article in the master about unjust or unfair discipline. Something along the lines of progressive discipline steps. I know Article 17 covers suspensions and terminations but I thought there was some language about what progressive discipline was.
Is a verbal documented warning something that was past practice or is it written somewhere. All I could find was the issuance of a warning letter as the first step. A driver got a warning letter for not honking at every stop during an observation.
There is progressive discipline. Warning letter, suspension, discharge. Except for cardinal sins that can go immediately to discharge. The cardinal sins are listed in Article 17.
There are too many people at UPS that think a driver must first be given a verbal warning. There is only one exception that UPS must give a verbal warning first, before issuing a warning letter. That is attendance. They have to give you a verbal first.
Anything else, they can issue you a warning letter for. Some are so stupid, that if grieved, they are thrown out.
ARTICLE 17-DISCHARGE OR SUSPENSIONS
The Employer shall not discharge nor suspend any employee without
just cause. No employee shall be suspended or discharged without
first being given (1) warning letter of a complaint and also be given a
local level hearing except for the following offenses
(a) dishonesty;
(b) drinking of, or under the influence of alcoholic beverage or
narcotics during the workday
pursuant to National Master Article 35;
(c) personal possession or use of drugs, marijuana or L. S. D.
during the workday
pursuant to National Master Article 35;
(d)
serious accidents pursuant to National Master Article 18, Section 3;
(e) the carrying of unauthorized passengers while on the job;
(friend) failure to report an accident that the driver had or should have had
knowledge of;
(g) an avoidable runaway accident;
(h) failure to turn in all monies collected on that day; or,
(i) other
cardinal offenses, the Company and the Union agree that
there are offenses where an employee may be suspended in lieu of discharge.
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With the above exceptions, no employee who is discharged or suspended
shall suffer any loss of pay or benefits until the grievance procedure has
been completed. The Employer liability will stop:
(a) if the discharge is sustained;
(b) if the Union fails to follow the procedure;
In an effort to expedite the resolution of a discharge or suspension
grievance filed by an employee, the Union shall make itself
available for a hearing within ten (10) days of a request by the Employer.
If the grievance is deadlocked at the local hearing, the Local or
State Committee shall hear the case at the next scheduled meeting.
If the grievance is deadlocked, the JAC shall hear the case at
the next scheduled or special JAC.
If the JAC does not resolve the case, it shall be submitted to
the last step of the CRT procedure. The warning letter, as herein
provided, shall be given to the employee with a copy of said letter
to the appropriate local union within ten (10) days of knowledge
of said complaint and shall not remain in effect for a period of
more than nine (9) months from date of said warning letter.
Discharge or suspension must be by proper written notice to the
employee
as per current practice. The proper written notice will also
be given to the Local Union and may be transmitted electronically. Any
employee may request an investigation of his/her discharge or suspension.
When a customer makes a formal complaint against an employee
and the Employer investigates and finds either merit or substance to
the complaint, the complaint shall be reduced to writing. The complaint
shall be discussed with the employee and the employee shall
have the right to have a steward present. The employee shall have
the right to respond to the complaint, in writing, and this response
shall also become part of the employee’s official record.
The Employer agrees that when conducting an interview with an
employee, the Employer will not proceed with the interview after they
have made the determination to discipline or the employee reasonably
contemplates discipline, without the presence of a steward or alternate
steward. At this point, the interview will not continue until the steward
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or alternate steward is present. The employee may waive representation
by the steward or alternate steward, in writing, and a copy shall be sent
to the local union.
out if it gets grieved.
