UPS Driver - Wrongful Termination
Posted April 04 2003 - 03:28 PM
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!!
Posted April 04 2003 - 04:01 PM
Posted April 04 2003 - 07:02 PM
Posted April 04 2003 - 07:25 PM
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.
Posted April 04 2003 - 09:13 PM
Posted April 05 2003 - 08:48 AM
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.
Posted April 05 2003 - 10:14 AM
Another ******* sup. on a Teamster board
Posted April 05 2003 - 11:32 AM
Posted April 05 2003 - 05:42 PM
Posted April 05 2003 - 07:45 PM
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.
Posted April 05 2003 - 10:33 PM
Posted April 06 2003 - 03:34 AM
THAT´S A DISCHARGEABLE OFFENCE.
Morale of this story, WORK FIRST!, GRIEVE LATER.
Posted April 06 2003 - 04:39 AM
Posted April 06 2003 - 04:52 AM
Edited for PerFecTion!
[ This message was edited by: feeder on 06-04-2003 07:55 ]
Posted April 06 2003 - 06:43 AM
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
Posted April 06 2003 - 07:51 AM
Posted April 06 2003 - 08:06 AM
Edited for the StuPid AnOns.
[ This message was edited by: feeder on 06-04-2003 11:08 ]
Posted April 06 2003 - 08:19 AM
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!!!
Posted April 06 2003 - 08:36 AM