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UPS Wrongly fired Driver for Union Activities but stays fired due to Facebook postings
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<blockquote data-quote="Mugarolla" data-source="post: 2504432" data-attributes="member: 8481"><p>Maybe in your supplement, but not all.</p><p></p><p>Western Pennsylvania Supplement. You know, the one covering the mentioned employee.</p><p></p><p>ARTICLE 52 - DISCHARGE OR SUSPENSION</p><p><em></em></p><p><em>The Employer shall not discharge nor suspend any employee without</em></p><p><em>just cause, but in respect to discharge shall give at least one (1)</em></p><p><em>warning notice of a complaint against such employee to the employee</em></p><p><em>personally, in writing, and a copy of the same to the union and</em></p><p><em>job steward affected except that no warning notice need be given to</em></p><p><em>an employee before they are discharged if the cause of such discharge</em></p><p><em>is dishonesty, drinking alcoholic beverages during the work</em></p><p><em>day (including meal period), addiction, use or possession of illegal</em></p><p><em>drugs or narcotics, recklessness resulting in serious accident while</em></p><p><em>on duty or the carrying of unauthorized passengers while on the job.</em></p><p><em>The warning notice herein provided shall not remain in effect for a</em></p><p><em>period for more than nine (9) months from the date of said warning</em></p><p><em>notice. A warning notice shall be reviewed and issued in a timely</em></p><p><em>fashion with the employee within five (5) working days (exclusive</em></p><p><em>of any absences from work) from the date of the incident or the</em></p><p><em>completion of the Employers investigation.</em></p><p></p><p>New England Supplement</p><p></p><p><em>ARTICLE 59 - DISCHARGE OR SUSPENSION</em></p><p><em></em></p><p><em>The Employer shall not discharge or suspend any employee without</em></p><p><em>just cause but, in respect to discharge or suspension, shall give at</em></p><p><em>least one warning notice of the complaint against such employee to</em></p><p><em>the employee personally, or in writing, and a copy of the same to the</em></p><p><em>Union affected except that no warning notice need be given to an</em></p><p><em>employee before he is discharged if the cause of such is dishonesty</em></p><p><em>or drunkenness or drinking during working hours (including lunch</em></p><p><em>time and/or break periods), recklessness resulting in a serious accident</em></p><p><em>while on duty or the use or possession of illegal drugs or the</em></p><p><em>carrying of unauthorized passengers. The warning notice, as herein</em></p><p><em>provided shall not remain in effect for a period of more than nine</em></p><p><em>(9) months from the date the employee was first informed that a</em></p><p><em>warning letter will be issued. Discharge must be by proper written</em></p><p><em>notice to the employee and the Union affected.</em></p><p></p><p>Here is two big supplements without a physical violence clause for a cardinal sin. Punch a sup in either of these two supplements and you will be gone for good.</p><p></p><p></p><p></p><p>Workplace violence and workplace harassment go above and beyond a precious little handbook. This aslo protects YOU.</p><p></p><p></p><p></p><p>The union wanted this guy gone too. They were complicit in this.</p><p></p><p></p><p></p><p>The precedent has already been set. Post derogatory, inflammatory, etc remarks about UPS management on social media and you lose your job. It will happen, and happens, in every company in the US. Especially the Fortune 500 companies. With, or without, a union.</p><p></p><p></p><p></p><p>If your talking about me, I am not defending this. The Administrative Law Judge overturned his discharge, which he should have done. UPS retaliated against this guy.</p><p></p><p>As for the Facebook posts, he made his bed and now has to lie in it. I'm not defending him not being reinstated for his posts, I just know the reality of corporations and the judicial system.</p></blockquote><p></p>
[QUOTE="Mugarolla, post: 2504432, member: 8481"] Maybe in your supplement, but not all. Western Pennsylvania Supplement. You know, the one covering the mentioned employee. ARTICLE 52 - DISCHARGE OR SUSPENSION [I] The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge shall give at least one (1) warning notice of a complaint against such employee to the employee personally, in writing, and a copy of the same to the union and job steward affected except that no warning notice need be given to an employee before they are discharged if the cause of such discharge is dishonesty, drinking alcoholic beverages during the work day (including meal period), addiction, use or possession of illegal drugs or narcotics, recklessness resulting in serious accident while on duty or the carrying of unauthorized passengers while on the job. The warning notice herein provided shall not remain in effect for a period for more than nine (9) months from the date of said warning notice. A warning notice shall be reviewed and issued in a timely fashion with the employee within five (5) working days (exclusive of any absences from work) from the date of the incident or the completion of the Employers investigation.[/I] New England Supplement [I]ARTICLE 59 - DISCHARGE OR SUSPENSION The Employer shall not discharge or suspend any employee without just cause but, in respect to discharge or suspension, shall give at least one warning notice of the complaint against such employee to the employee personally, or in writing, and a copy of the same to the Union affected except that no warning notice need be given to an employee before he is discharged if the cause of such is dishonesty or drunkenness or drinking during working hours (including lunch time and/or break periods), recklessness resulting in a serious accident while on duty or the use or possession of illegal drugs or the carrying of unauthorized passengers. The warning notice, as herein provided shall not remain in effect for a period of more than nine (9) months from the date the employee was first informed that a warning letter will be issued. Discharge must be by proper written notice to the employee and the Union affected.[/I] Here is two big supplements without a physical violence clause for a cardinal sin. Punch a sup in either of these two supplements and you will be gone for good. Workplace violence and workplace harassment go above and beyond a precious little handbook. This aslo protects YOU. The union wanted this guy gone too. They were complicit in this. The precedent has already been set. Post derogatory, inflammatory, etc remarks about UPS management on social media and you lose your job. It will happen, and happens, in every company in the US. Especially the Fortune 500 companies. With, or without, a union. If your talking about me, I am not defending this. The Administrative Law Judge overturned his discharge, which he should have done. UPS retaliated against this guy. As for the Facebook posts, he made his bed and now has to lie in it. I'm not defending him not being reinstated for his posts, I just know the reality of corporations and the judicial system. [/QUOTE]
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