What are the chances my husband will have his termination overturned?

Kmcget01

Active Member
My husband is a FT package car driver. In August 2020 he got an off the clock DUI. He immediately reported it to his supervisors within 24 hours. He was referred to the ASAP program and returned to driving within 3 weeks as his license was only restricted, not suspended. He has finished his government probation but has still been random testing for the past 18 months for UPS. He dropped a dirty for the first time end of March 2022. Termination letter came this past Wednesday as we knew it would. Grievance was filed yesterday. There is no loophole to stand on as far as the Master Handbook goes. It will strictly be fought on the basis of he made a mistake.

My husband has been with the company for 11 years, 8 of those as a FT driver. He has never filed a grievance before and has only been written up twice in those 11 years for little things that have to do with delivering. Scanning something wrong or something like that. I spoke with his steward yesterday and he said that there is not one person, union employee or supervisor, that wants to see him gone. Everyone loves him. He works hard and is good at his job. However, Article 35 is pretty clear. You can drop a dirty one time if you random test for DOT, but not if you're in the aftercare program. And his rehabilitation services through UPS happened right in the thick of Covid. He never even got to go in and see a counselor, it was all over the phone.

So my question is, will they make an exception because it's been 18 months of testing and has had no issues until now? Because he's a good employee? Because he's human and made a mistake? Something like 85% of people relapse in the first year of getting sober. He made it 18 months. Its was a mistake and he knows it. We are scared to death. He has his first meeting coming up in a week and steward said nothing will happen there, it will be moved up to the next level meeting. Could they give him one more chance based on his history or do they 100% have to follow protocol in the book, even if they don't want to fire him, and there is absolutely zero chance he'll go back to UPS in any capacity?
And before I get lectured, I know he messed up. I know it's his fault, and so does he.
 
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Kmcget01

Active Member
He could probably help you with that. I honestly do not know if he can get his job back
His stewards seem to think there's a chance because of his overall work history and the fact that even his supervisors don't want him gone , but they're also newer stewards. They were just voted in a month ago. If terminations are looked at on a case by case basis then maybe, if not and the higher ups 100% have to follow what the book says with zero exception, then I guess it's over for us at UPS. Which absolutely breaks my heart, and his. He wears those Browns with pride.
 
His stewards seem to think there's a chance because of his overall work history and the fact that even his supervisors don't want him gone , but they're also newer stewards. They were just voted in a month ago. If terminations are looked at on a case by case basis then maybe, if not and the higher ups 100% have to follow what the book says with zero exception, then I guess it's over for us at UPS. Which absolutely breaks my heart, and his. He wears those Browns with pride.
I like my beer myself. But I've learned to limit it during the weekdays and party a little bit more on the weekends.
 

728ups

offending people on the internet since 1995
When you say he "dropped a dirty" on his tests did he test positive for Drugs or Alcohol? Was he on the Clock when he was tested? was he about to begin work when he was tested?
 

Kmcget01

Active Member
I like my beer myself. But I've learned to limit it during the weekdays and party a little bit more on the weekends.
Yeah I get it. His steward said that 90% of the drivers at his hub would be fired if they tested them tomorrow lol.
When you say he "dropped a dirty" on his tests did he test positive for Drugs or Alcohol? Was he on the Clock when he was tested? was he about to begin work when he was tested?
Yes that's what that means and no he was not on the clock but yes it was before work but he didn't drink before work, it was just in his system not on his breath which they also tested. An ETG test goes back 72 hours in the urine.
 

728ups

offending people on the internet since 1995
Yeah I get it. His steward said that 90% of the drivers at his hub would be fired if they tested them tomorrow lol.

Yes that's what that means and no he was not on the clock but yes it was before work but he didn't drink before work, it was just in his system not on his breath which they also tested. An ETG test goes back 72 hours in the urine.
I'd be looking for another job. 90% of the drivers may not pass that test but they havent already gotten popped for a DUI either. I'm sorry for your husband but I'm certain the consequences were made clear to him if he tested positive. The severity of testing positive before going on the road operating a UPS Package Car simply cant be overlooked or overestimated. If he were to have an accident or damage property a halfway competent lawyer would have a huge payday.
 

Kmcget01

Active Member
Yeah just sucks his "rehab" consisted of six twenty minute phone calls because of covid.
And the supervisors at his center don't want him gone but they had to go through the motions. It's on the higher ups that don't personally know him that will ultimately make the decision.
 

Misthios

I love my job. Don't you?
Who administered the test? Did they follow article 35 section 4.4? Was he given a confirmation test no sooner than 15 minutes after the positive test and no later than 30 minutes after? He may have pooped the bed here but there are requirements as set forth in the contract.
 

Kmcget01

Active Member
Who administered the test? Did they follow article 35 section 4.4? Was he given a confirmation test no sooner than 15 minutes after the positive test and no later than 30 minutes after? He may have pooped the bed here but there are requirements as set forth in the contract.
A medical facility, the same place where he goes to for his DOT renewal. He didn't even know he came back positive until 16 days later so no, they didn't test again in 15 mins.
 

BrownFlush

Well-Known Member
Had a 15 year driver get arrested after his hearing for his 3rd DUI on the courthouse steps.
Took him straight to jail. Did time. I think it was almost a year.
Came back drove 15 more and retired.
I never asked him who his lawyer was. If I knew I'd tell you.
 

Kmcget01

Active Member
A medical facility, the same place where he goes to for his DOT renewal. He didn't even know he came back positive until 16 days later so no, they didn't test again in 15 mins.
I believe they retest the original specimen behind the scenes, not ask him to pee again. So we wouldn't know if they tested it again.
 
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