Warning Letter: Do I have any options?

Discussion in 'UPS Union Issues' started by Loader509, Aug 20, 2009.

  1. Loader509

    Loader509 New Member

    I was informed this week that I would be receiving a warning letter for loading a bad bag last week.

    Here's apparently what happened: I stay and help clean up the belt after the sort goes down and one of my final tasks is doing the missed bag report. I normally log into one trailer and mistoggle all the missed bags into one load (shame on me, but everyone I know including supes who do missed bags do it this way). There is no way I can even confirm the bags were placed into the loads so I don't understand the point of even making us do missed bags at the end of the night. I was even told by my full time one time after a load had already left and I couldn't get an open ULD for a load to just mistoggle a bag. Well, someone must have really thrown one of the wrong bags into the load I mistoggled the bad bags into. Bag was "scanned" at 3:46, I clocked out at 3:52, and all the doors were down and sealed by the time I did the bag list.

    The night after I was told I getting a warning letter I am called out of a load by my FT and a shop steward. This steward as a reputation of siding the supes but I don't know the guy that well so it would be wrong of me to assume anything. She informs me formally of the missed bag report and starts going off on me about doing 3-5 package checks per bag. I tried explaining to her what had happened and she pretty much told me I couldn't prove it and it didn't matter anyway. The shop steward told me there was nothing I could do and to just sign the "documentation". I told them I didn't feel disciplining me for something I didn't physically do was unfair and was told by both the FT and steward that write ups and warning letters are NOT disciplinary actions. The steward told me I couldn't grieve a warning letter. I told them I didn't want to sign the write or sheet she had acknowledging I had scanned the bag and was told if I didn't I would be fired for insubordination by BOTH of them. I signed both documents with UNDER PROTEST written twice each on them and went on with my night.

    Now I'm being told by fellow hourly's I didn't have to sign anything, I can grieve the warning letter, and possibly appeal the warning letter. I read the union contract and Article 50 of the Atlantic supplemental agreement states:

    Appeal from discharge, suspension, or warning notice must be taken within ten days by written notice and a decision reached within 30 days from date of discharge, suspension or warning notice.

    So guess I'm wondering what I need to do at this point. I'm obviously already on radar so staying off of it really isn't a concern. I just wanna stand up do want I can fight this. I understand I made a boo-boo mistoggling a bad bag but all this for a mistake that isn't even 100% mine?

  2. User Name

    User Name Only 230 Today?? lol

    Don't worry about it, we all make mistakes and some are more costly than others. Next time follow the methods, put your name in scanner and be thorough. Unless this becomes a problem they will do nothing else. By the way after nine months is all they keep them for so it will go into your file but after the nine months you can do it all over again.....
  3. LED

    LED Member

    Warning letters are automatically grieved in my local.

    UPS can and will give you a warning letter for anything that they want, whether you are right or wrong.

    Do not worry about it. If they try to suspend you or worse, then you have 10 days to file.

    When I am asked, or told, to sign something, I tell them to put "RTS" on it (refused to sign), or I write "RTS" myself.
  4. Overpaid Union Thug

    Overpaid Union Thug Well-Known Member

    Signing under protest was a smart move on your part. And if you ever get in trouble for something again and see that steward coming you can ask for a different one because that steward sounds pretty gutless to me.
  5. Loader509

    Loader509 New Member

    Like I said, he has a reputation but I'm the type that likes to give people the benefit of a doubt. Now I know.

    Talked to a different steward tonight who pretty much told me the opposite of everything the last one did. I think I'll deal with him from now on. Now I just need to wait on the letter to come and take it from there I guess.
  6. Osprey413

    Osprey413 Bull**** Coordinator

    I don't know all the facts of this case, nor the words that were exchanged in that meeting, but even being on the management side of UPS this sounds wrong to me.

    Yes, they have enough documentation to issue a warning letter.

    But did you have to sign? No, absolutely not. In fact you are only required by contract to sign safety documentation. Everything else, including warning notices, intents to suspend, and intents to terminate, you can refuse to sign. If management wants a signature they can get the steward to sign acknowledging the conversation took place.

    Threatening to terminate you for insubordination is also wrong, and perhaps even grievable. They can not terminate you for refusing to sign documentation you are not required by contract to sign.

    The steward telling you that you could not grieve a warning letter, and you would be terminated if you did not sign it, is a serious concern. I would contact your business agent and talk to them about it. It sounds like management is bullying people around and the steward you dealt with is just laying down and letting it happen.

    If they ask you to scan bags into a trailer as mistoggles on purpose again I would refuse. They will scream and yell about insubordination, but the fact is they are asking you to do something dishonest and will use it against you as soon as they can. If they decide to terminate you for refusing to do dishonest work then I would contact the good steward and grieve it. I cant imagine the company would win that grievance, unless the union up there is completely daft.
  7. raceanoncr

    raceanoncr Well-Known Member

    Yrs ago, I was told the same thing, you can't grieve a warning letter or have it removed, even by the steward AND the BA. Well, as most of us probably have witnessed, I received one. I didn't buy their reason. I felt it was bogus and proved it in a grievance.

    The grievance was won and the warning letter was rescindened. The first time that had ever been done here. In fact, the center manager said, "I don't know what you did or what strings you pulled, but that has never happened since I've been employed here".

    Go for the grievance. Whether you were right or wrong, go for it.

    Oh, and by the way, see why it's to YOUR benefit to follow procedures and "work as directed"?
  8. trickpony1

    trickpony1 Well-Known Member

    I agree with what raceanoncr said.

    When you get your warning letter in the mail you have 10 calender days to grieve/protest it. I would act immediately on the issue.

    You need to have a letter written explaining the very same things that you have posted here ready to take to the union hall. Have the clerk stamp your letter with the "date received" stamp and then photocopy it. I believe there is an official form you have to fill out to accompany your letter (get it stamped too).

    You should walk out of the union hall with a date stamped copy of your letter protesting/grieving your warning letter.

    Moral of your story?
    Don't give them any rope to hang you with in the future. Follow methods and don't mistoggle anything to hide their mistakes.
  9. doogapf

    doogapf New Member

    Remember that every package you scan or load is one you stamp your name on, and you are responsible for. Do the customers, the company, but mostly do yourself a favor and use the methods for every one you touch. Don't give yourself or anyone else an opportunity to create a service failure that will reflect on you.

    Less headache for everyone around.

    If you make a mistake then just take the lumps, learn from it and move on. Given your narrative, document what the sup and steward said when "they" wrote you up and "BOTH of them" threatened to term you for insub.
  10. Loader509

    Loader509 New Member

    Thanks for all the replies guys, I really appreciate it.
  11. rocket man

    rocket man Well-Known Member

    IF You are upset about one warning letter? I will send you some of mine so you can have a complete set. just make sure you write a griveance on every one no matter how minor it may be good luck.
  12. tieguy

    tieguy Banned

    Stop mistoggling the missed bags. Its dishonest. You can refuse to do anything that is dishonest. The mistoggling of bags is being done to falsify the areas bags linked performance results. If you don't physically see the bag then don't enter false scan information in the system.

    You can get fired for falsifying records. You're lucky this time just getting a warning letter.
  13. Loader509

    Loader509 New Member

    Just for future reference can anyone tell me where in the contract it says I only have to sign safety documents and not disciplinary actions.
  14. menotyou

    menotyou bella amicizia

    Pg15,art6 section 1.
  15. Loader509

    Loader509 New Member

    Thanks. :happy2: I have no idea how I missed that.