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

[Kmcget01]

I didn’t see your other reply until I had already posted. The only thing I think he could go on is not being able to have meaningful face to face interactions with whomever he completed his rehab with. Covid could come to his advantage here but it will be tough if not impossible.

Thank you. Yes that will be mentioned in these 2 meetings he'll have.

 

[olroadbeech]

We all know he messed up. All I want to know is if ANY dischargeable offense where an employee is given a termination letter and it is grieved, is looked at on a case by case basis or if they have to fire him. Even if they don't want to are their hands tied because of the book? Does he have a chance strictly based on his work history, the fact that he made it 18 months, etc.

I understand but the company has a ZERO tolerance policy on this.
Years ago this happened to one of the most popular feeder drivers we had. The company had no choice but let him go. He had over 20 years and was close to retirement. he never recovered. Got divorced and last time I saw him he was a mess.

With this company and union anything is possible.

He may get his job back if the company did not follow procedures 100%.
You could get a labor attorney to look into this. I would not trust my life to the Union.

An attorney may be the way to go. That way you are covering all the bases.

Maybe like you mentioned , the company would keep him on in a non driving capacity.

 

[Wally]

Are you kidding me?? He has never and would never do that. Don't make accusations. If you can't answer what I'm asking please move on.

No accusations. He's the one caught driving drunk, not us. He's the one that failed a random test too after being caught the first time, not us.

 

[Kmcget01]

He's the one caught driving drunk, not us. He's the one that failed a random test too, not us.

You're exactly right. Now give yourself a pat on the back, Wally. You're perfect.

 

[UnionStrong]

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.

Very unlikely he’ll get his job back…especially now.

 

[over9five]

Very unlikely he’ll get his job back…especially now.

Kinda agree. What about all the people they've terminated before him for this?
Can't make a special exception because they like him...

 

[Kmcget01]

Very unlikely he’ll get his job back…especially now.

I know it's a longshot. What does "especially now" refer to?

 

[UnionStrong]

I know it's a longshot. What does "especially now" refer to?

They’re cutting routes and looking to can people.

 

[IVE GOTTA PACKAGE 4U]

I know it's a longshot. What does "especially now" refer to?

He should call the union hall to ask if they can find him other job

 

[over9five]

Kinda agree. What about all the people they've terminated before him for this?
Can't make a special exception because they like him...

Worse yet, they'd be setting themselves up for "Past practice" in future cases.

 

[UnionStrong]

He should call the union hall to ask if they can find him other job

Probably won’t be driving, but he could still get a job.

 

[Hand to surface Deez nutz]

What day did he fail his test???

Say he failed on Thursday. Theoretically speaking that means he consumed alcohol during the work week. Either before, after, or during his shift.

Probly ed no matter tbh

 

[IVE GOTTA PACKAGE 4U]

Probably won’t be driving, but he could still get a job.

It can't hurt to ask

 

[UnionStrong]

It can't hurt to ask

I certainly would.

 

[UnionStrong]

You get 1 free pass but after that you have to be squeaky clean. Best to avoid getting their attention in the first place.

And that’s that. As far as the company is concerned, they gave you a chance. If not for the union he wouldn’t even have got that. Now it’s a business decision. He could be the nicest, best worker in the company, doesn’t matter. Liability.

 

[tech209]

Another driver came in drunk got sent to the clinic thru center manager assumption and was terminated immediately......as others had said UPS won’t take that gamble if he made just a mistake no matter how nice or friendly/likable he is.....the only thing you and him can hope for is some compassion but to be honest myself personally I think it’s a done deal....sad that 11 years of some hard work down the drain....I’ve noticed myself that with being a driver I have to adjust to a more controllable lifestyle where absolutely no drinking during weekdays,getting plenty of rest and only saving the drinking for my days off

 

[Kmcget01]

Worse yet, they'd be setting themselves up for "Past practice" in future cases.

I thought about that too. But he also made it through the one year minimum without issue. Some people only have to test a year, and some 5. The SAP determines that in the beginning of all this and its confidential.

Another driver came in drunk got sent to the clinic thru center manager assumption and was terminated immediately......as others had said UPS won’t take that gamble if he made just a mistake no matter how nice or friendly/likable he is.....the only thing you and him can hope for is some compassion but to be honest myself personally I think it’s a done deal....sad that 11 years of some hard work down the drain....I’ve noticed myself that with being a driver I have to adjust to a more controllable lifestyle where absolutely no drinking during weekdays,getting plenty of rest and only saving the drinking for my days off

He didn't come in drunk ever. Anything he did was off clock. But I understand what you're saying.

 

[UnionStrong]

I thought about that too. But he also made it through the one year minimum without issue. Some people only have to test a year, and some 5. The SAP determines that in the beginning of all this and its confidential.

He didn't come in drunk ever. Anything he did was off clock. But I understand what you're saying.

By accepting the terms of both employment and the rehab, he agreed that he wouldn’t have alcohol or drugs in his system while on the job. Did he violate that agreement? Yes. Will they terminate him? Very likely. It really is that simple.
Good luck though.

 

[burrheadd]

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.

How many chances does he need before he kills somebody?
He’s already had 2 does he need 3 or 5 or 7
Sounds like he needs to go to an inpatient rehab and look for another line of work

Not trying to be a dick just keepin it real

 

[UnionStrong]

Why doesn’t he come on here himself and ask the questions?