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<blockquote data-quote="ok2bclever" data-source="post: 71971" data-attributes="member: 1356"><p>Ok, you are wrong!</p><p></p><p>Wily, you simply cannot give me that line (Correct me if I'm wrong), I cannot resist it, I simply cannot resist it. <img src="/community/styles/default/xenforo/smilies/biggrin.png" class="smilie" loading="lazy" alt=":D" title="Big Grin :D" data-shortname=":D" /><img src="/community/styles/default/xenforo/smilies/biggrin.png" class="smilie" loading="lazy" alt=":D" title="Big Grin :D" data-shortname=":D" /><img src="/community/styles/default/xenforo/smilies/biggrin.png" class="smilie" loading="lazy" alt=":D" title="Big Grin :D" data-shortname=":D" /><img src="/community/styles/default/xenforo/smilies/tongue.png" class="smilie" loading="lazy" alt=":p" title="Stick Out Tongue :p" data-shortname=":p" /></p><p></p><p>In reality, you are close, but not quite right.</p><p></p><p>I can only speak for the Central Supplement as UPS has made a fetish of having different rules and policies abound throughout the United States.</p><p></p><p>In the Central Supplement the exception is <u><em>"provided however, that the Employer may not discharge or discipline for the purpose of evading this Agreement or discriminating against union members."</em></u></p><p></p><p>Which is why I urged this new employee to seek resolution with the center manager that terminated him first.</p><p></p><p>If the terminating center manager will not change the status of this termination his chances of getting the center manager overruled by someone higher up in the company is almost nil regardless of whether his firing was appropriate or not.</p><p></p><p>As the employee was terminated for refusing to operate an unsafe vehicle (by his words) which would be a violation of Article 18, Section 1 of the National Master Agreement (and additional supplemental language) the exception in the Contract that I have quoted "<em>discharge for the purpose of evading this Agreement</em>" could be construed in this case to be active and pertaining.</p><p></p><p>In reality, because of the pre-seniority terminology that the company can terminate for pretty much a whim if they so desire he could win his job back for being terminated improperly (the specific reason) and the company could turn around and then release him (terminate him) for pretty much any innocuous reason that they wanted to.</p><p></p><p>This is why I set this and the other recourses as more of a way to make his terminator's life more interesting, rather than routes to recover his job.</p><p></p><p>Basically, if he cannot convince the center manager that terminated him to bring him back it's over.</p></blockquote><p></p>
[QUOTE="ok2bclever, post: 71971, member: 1356"] Ok, you are wrong! Wily, you simply cannot give me that line (Correct me if I'm wrong), I cannot resist it, I simply cannot resist it. :D:D:D:p In reality, you are close, but not quite right. I can only speak for the Central Supplement as UPS has made a fetish of having different rules and policies abound throughout the United States. In the Central Supplement the exception is [U][I]"provided however, that the Employer may not discharge or discipline for the purpose of evading this Agreement or discriminating against union members."[/I][/U] Which is why I urged this new employee to seek resolution with the center manager that terminated him first. If the terminating center manager will not change the status of this termination his chances of getting the center manager overruled by someone higher up in the company is almost nil regardless of whether his firing was appropriate or not. As the employee was terminated for refusing to operate an unsafe vehicle (by his words) which would be a violation of Article 18, Section 1 of the National Master Agreement (and additional supplemental language) the exception in the Contract that I have quoted "[I]discharge for the purpose of evading this Agreement[/I]" could be construed in this case to be active and pertaining. In reality, because of the pre-seniority terminology that the company can terminate for pretty much a whim if they so desire he could win his job back for being terminated improperly (the specific reason) and the company could turn around and then release him (terminate him) for pretty much any innocuous reason that they wanted to. This is why I set this and the other recourses as more of a way to make his terminator's life more interesting, rather than routes to recover his job. Basically, if he cannot convince the center manager that terminated him to bring him back it's over. [/QUOTE]
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