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UPS Driver - Wrongful Termination


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#1

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Posted April 04 2003 - 03:28 PM

I´ve worked for UPS for 10 years and was (I feel) wrongfully terminated.

My sup asked me to do a route. I declined and said that I was already set up to go on my usual route. Their was no arguing, no yelling, no screaming. He made no comment or verbal warning of any kind. I went on with my day and several more days after that. Almost 1.5 weeks later, as I was just about to start my day...this same sup advised me that I was terminated for failure to follow his direct order. My 10 years of service of being a hard worker meant nothing to UPS because they let me go as easy as pie. I´ve never had any problems on my record ( no attendance, tardies, no nothing).

I am a teamster, so the union took my case to some type of board. My Union steward represented me and the decision was a deadlock. My local union office rep advised me that the union would fight for me. They offered me job seeking resources bc it could take up to a year for my case to go to arbitration. Turns out it didn´t take that long arbitration was declined. So what do I do now?? Can I do anything now? Have any of you heard of similar situations of failure to follow a direct order and the employee not get terminated?

If you or anyone you know of that works for UPS has ever declined a direct order by a sup and not gotten terminated let me know. I would like to give this info to my union steward. With a company the size of UPS, I feel that it is up the sup whether or not they follow through with a termination. So their has got to be a ton of inconsistencies out there.

If you haven´t heard of this type of situation. Be warned now. Failure to follow a direct order is a really "gray" area. You should get with your union steward or local union office and see if they can do something to change this policy. Their should at least be a requirement that the sup give you a verbal warning or document a warning to you officially. You shouldn´t just get fired!!










#2

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Posted April 04 2003 - 04:01 PM

got a high powered deer hunting fifl=e with a scope...figure out the rest

#3

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Posted April 04 2003 - 07:02 PM

It has always been my understanding that you can stay on your bid route at your discretion, unless the company feels that it is some type of emergency. Let´s face it, we work for a bunch of Nazi´s. If we didn´t make the kind of $ we are, I doubt that any of us would put up with thier crap. Also, I would not totally count on the union to save your job. Talk to a good labor lawyer who has taken on UPS in the past. Good luck brother.

#4

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Posted April 04 2003 - 07:25 PM

UNSAFE, ILLEGAL OR IMMORAL

THESE ARE THE ONLY THREE REASON YOU CAN REFUSE TO WORK AS DIRECTED. I HAVE REFUSED TO DO ILLEGAL OR IMMORLA THINGS BEFORE.

1. I HAD A SUPERVISER SEVERAL YEARS BACK THAT SUGGESTED THAT WE ALL ENTER OUR RESIDENTIAL NDA´S BEFORE 10:30 SO THAT NONE OF THEM WOULD BE LATE. i REFUSED TO, BECAUSE THE TIME OF DELIVERY IS A GUARANTEED ITEM.. HONESTY DICTATES THAT THEY BE SHEETED AT THE TIME OF DELIVERY.

2. I HAVE ALSO BEEN ORDERED TO DELIVER ILLEGAL PACAKGES. IN OHIO, ONLY ALCOHAL PKS THAT HAVE AN ORIGINATION ADDRTESS THAT IS AN OHIO ADDRESS CAN BE DELIVERED. THOSE WEST COASTR WINE COMPANIES ARE IN EFFECT "BOOTLEGGING´ BY UPS, SO I HAVE REFUSED TO DELIVER THOSE. THE BOSSES JUST PUT EM ON ANOTHER DRIVER´S TRUCK.

3. I HAD A BOSS ORDER ME TO PICK UP 4 OVER 70´S BY MYSELF EVEN THOUGH I HAD REQUESTED TEAMSTER ASSISTANCE. HE BECAME BELIGERANT, AND CALLED ME NAMES FOR NOT PICKING THEM UP BY MYSELF. I JUST CONTINUED TO INSIST THAT I NEEDED TEAMSTER ASSISTANCE. EVENTUALLY, AFTER AN 1 HOUR AND 50 MINUTES, THE BOSS ARRIVED HIMSELF. I WATCHED AS HE MANUVERED THE CRATES ON TO THE TRUCK. I EXPLAINED TO HIM THAT IF HE WAS WORKING, A TEAMSTER WOULD HAVE TO WATCH. ABOUT A WEEK LATER, WE HAD THE SAME PROBLEM, THAT TIME HE SENT AN AIR DRIVER, MADE ME WAIT ABOUT AN HOUR, BUT HECK I´M ON THE CLOCK.. AT $34/HR..I´LL WAIT.

HE DID TAKE ME TO A HEARING FOR ´INSUBORDINATION´, BUT I WAS ABLE TO PROVE HE WAS VIOLATING THE CONTRACT.

HERE´S THE GOOD PART, THEN I BECAME OFFENSIVE. STARTED FILING GRIEVANCES ON HIM FOR EVERY VIOLATION. EVENTUALLY, IN RETALLIATION HE THREATENED ME, SO I FILED A HARASSMENT GRIEVANCE, NLRB CHARGES AND CALLED THE EEOC. THEY TRANSFERRED THAT ******* WITHIN THE MONTH OF THE INSUBORDINATION HEERING.

#5

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Posted April 04 2003 - 09:13 PM

Some people just don´t get it. You have a boss . The boss tells you what to do and you either do it or you find a new job. The rules are the same every where you go. Nothing special about it. If your boss tells you to run a different route you run a different route and grieve it if you feel you have been wronged. The rule has always been work now , grieve later. Sorry to hear you didn´t get better advice from your peers before making this fatal mistake.

#6

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Posted April 05 2003 - 08:48 AM

I hate to break it to you but this is not a "wrongful termination."

I wouldn´t waste much time on the computer or fooling with lawyers in this instance. It´s cut and dried. You failed to work as directed. It´s over.

I´d spend my time working on my resume.

#7

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Posted April 05 2003 - 09:03 AM

Make sure you file a grievance.

#8

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Posted April 05 2003 - 10:14 AM

Quote:


05-04-2003 at 10:48, Anonymous wrote:
I hate to break it to you but this is not a "wrongful termination."

I wouldn´t waste much time on the computer or fooling with lawyers in this instance. It´s cut and dried. You failed to work as directed. It´s over.

I´d spend my time working on my resume.




Another ******* sup. on a Teamster board

#9 snickers

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Posted April 05 2003 - 11:32 AM

I DON´T KNOW BUT I THINK YOU GOT SCREWED.DON´T THEY HAVE A TIME LIMIT THERE?IN CANADA THEY HAVE 72 HRS TO DO ANY KIND OF DISAPLINE.I HOPE YOU FILED A GRIEVANCE ASAP.DO YOU HAVE A INSIDE BOARD COMMITEE THERE OF UPS AND UNION REPS TO DISCUSS YOUR CASE.IF ALL ELSE FAILS GO TO THE LABOUR BOARD UPS HATES PUBLICITY. :-(

#10

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Posted April 05 2003 - 05:42 PM

if he didnt give you a direct order then its wrong.if he did then why didnt he fire you on the spot rather than a wek later. a little fishy .no arbitrator would buy it.

#11

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Posted April 05 2003 - 07:45 PM

Thanks for all the advice. I am a little taken aback by the mixed responses, but this is a free country. Whadaya gonna do?

To the nay sayers. Let me repeat....the sup "asked" me do a route. How are you going to ask something of someone and then claim it´s a failure to follow a direct order? It was a flippin´ question!!!

Snickers - I think UPS in the states has 10-12 days from the time of the incident.

The BIG concern here is this: The sup is apparently not required to give you any type of warning that you failed to follow a direct order. Their is no documentation process in where the sup notifies you in writing or has you sign a document stating additional occurances will lead to termination. So if your sup is having a bad day, he could just make up some crap about you not following a direct order and bam...you´re out of a job. Think about the endless possibilities here for a supervisor to be creative. I am content with the idea that I may never work for UPS again. But whether I do or don´t...their needs to be some type of checks and balances system in place for this type of termination reason.












#12

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Posted April 05 2003 - 10:33 PM

YOU MUST BE FROM 177 AND PISSED OF THE E-BOARD THAT´S HOW IT´S DONE IN THIS LOCAL

#13

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Posted April 06 2003 - 03:34 AM

I suspect we don´t have all the facts on this case. Insubordination in and of it´s self is not a dischargable offence. At least not one that would withstand an arbitrators rules of decission making. Particularly if their are no previous warnings and the fact that it took more than a week for action to take place. If it was such an eggresious offence the supervisor should have taken immediate action. Had the supervisor taken immidiate action AND warned you that your continued failure to follow his instructions would result in your immediate discharge, and you did not comply, you would have crossed the line into GROSS INSUBORDINATION.
THAT´S A DISCHARGEABLE OFFENCE.

Morale of this story, WORK FIRST!, GRIEVE LATER.

#14 Teamsterman

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Posted April 06 2003 - 04:39 AM

Was this your regular bid route? If it was they can not force you to run another route. If you are a swing driver and the senior swing driver, they can not force you to run another route. I would have to have some more information. But if your case deadlocked, it sounds like you where in the right. Your case will go to a deadlock panel before it will go to arbitration. And more than likely they will try to settle with you before that happens. Probably reduce it to a warning letter. But still, don´t know enough about your case.

#15 feeder

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Posted April 06 2003 - 04:52 AM

Just like the poster 9 or 10 posts above, You have a boss, if they tell you run a different route, YOU DO IT!! .. If they tell you to unload your pack-car after returning back to the bldg, YOU DO IT!!..If they tell you to clean the toliets, YOU DO IT... Just remember you´re making big money on all jobs performed!!


Edited for PerFecTion!

[ This message was edited by: feeder on 06-04-2003 07:55 ]

#16

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Posted April 06 2003 - 06:43 AM

-feeder-
and if the boss tells you to get down on your knees, would YOU do it? An employee is not a slave. This is the typical mountain out of a molehill UPS uses to intimidate it´s employees. Doesn´t stand a chance in arbitration. Even if the sup could prove he gave you a direct order,and could prove that you understood it was a direct order and not a request, the punishment far outweighs the crime

#17

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Posted April 06 2003 - 07:51 AM

If thats your definition of slave labor then thats what it is. Boss tells you to do something. You do have the right to refuse, by exercising this right you give up your slave labor position as you describe it. Bid run or not you have to do what the boss says. If the boss is wrong then you settle that with a grievance.

#18 feeder

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Posted April 06 2003 - 08:06 AM

OMG??? Dont let these Stupid AnOns mislead you all!!! If you listen and follow their lead on Not working as directed as stated in your union contract book...you wont have a job(YOU´RE FIRED) These Stupid anons talk about bid positions and job assignments, why take the chance on stepping up to the boss and saying "NO" on a temporary situation which could cost you your job? Think about it??


Edited for the StuPid AnOns.

[ This message was edited by: feeder on 06-04-2003 11:08 ]

#19

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Posted April 06 2003 - 08:19 AM

Quote:


06-04-2003 at 07:52, feeder wrote:
Just like the poster 9 or 10 posts above, You have a boss, if they tell you run a different route, YOU DO IT!! .. If they tell you to unload your pack-car after returning back to the bldg, YOU DO IT!!..If they tell you to clean the toliets, YOU DO IT... Just remember you´re making big money on all jobs performed!!


Edited for PerFecTion!

[ This message was edited by: feeder on 06-04-2003 07:55 ]




I take a few months off from this board, and return to see feeder is still trying to do his best at spelling. Good job feeder!!!


The teacher

#20 JAFO

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Posted April 06 2003 - 08:36 AM

Just a few observations - sounds to me like there is more to this story than the original poster is letting on. You generally can´t discharge somebody for being insubordinate, moreless for refusing to comply with a "request" to cover a different route. If this wasn´t settled at the local level and goes to the panel, more than likely, the best the employee can hope for is reinstatement and suspension for all time served - forget a warning letter.