It Appears I'm Being Fired - Please help...

tieguy

Banned
Tie

The points you make are valid. They would set the tone for the company to either let it slide, or play hardball.

The problem I have with the tactics are that they are not very professional. They reek of attempts at intimidation. Not at all what should be used by those seeking to pass themselves off as professional management employees.

d

Danny ,

I didn't see what was really all that unprofessional about it.
I can see the conversation.

Holy crap living has been driving on a suspended license for five months.

Does he know its suspended.?

How could he not know?

Lets ask him and see how he acts without any warning.

The tactic gave him credibility. If the steward talks to him the fear is living cooks up some excuse with the help of the steward and they never find out the truth.

I think its a better tactic then firing him and letting him argue his way back in.

What would have happened if he got pulled over during that five month period? Do they lock you up for driving on a suspended license? If so then I think UPS handled it much better then the police would have.
 

Ptrunner

Well-Known Member
Danny ,

I didn't see what was really all that unprofessional about it.
I can see the conversation.

Holy crap living has been driving on a suspended license for five months.

Does he know its suspended.?

How could he not know?

Lets ask him and see how he acts without any warning.

The tactic gave him credibility. If the steward talks to him the fear is living cooks up some excuse with the help of the steward and they never find out the truth.

I think its a better tactic then firing him and letting him argue his way back in.

What would have happened if he got pulled over during that five month period? Do they lock you up for driving on a suspended license? If so then I think UPS handled it much better then the police would have.

I actually agree with Tie in this situation. The OP should find out if the steward didnt intervene at the thought that it would be best for him not to.

I think the whole intervening thing is probably best most of the time. It just has to be looked at on a case by case basis.
 

dannyboy

From the promised LAND
Tie

Lets ask him and see how he acts without any warning.

The tactic gave him credibility. If the steward talks to him the fear is living cooks up some excuse with the help of the steward and they never find out the truth.

If that would have been the way they handled it, I would agree 100%.

But did they ask him about his license being suspended? That is not how it was posted.

The question to the driver was "do you have anything you want to tell us about?"

As a shop steward, I would have suggested that you get to a point with the question, as that type of fishing expedition is very unprofessional, and totally inappropriate for a UPS setting. Its more like what you would expect in a movie with the Nazi interrogations going on.

The proper way would have been to ask to see his license, then ask why he did not report it being suspended. The resulting facial expressions would have told you the same things without the crap.

The quest for the truth is fine. But the way they got to what they wanted was BS, and you know it.

Best

d
 

satellitedriver

Moderator
I agree completely. Regardless of the extenuating circumstances, I was driving with a suspended license.

PennDot DOES have a record of the mail being returned to them, undelivered, requesting $25 restoration fee. UPS is aware of this.
This undelivered mail thing
-extenuating circumstances- , rings so false. Did you not check for your mail at the post office? I can only assume that you have other pertinent bills that needed to be addressed in the last 5 months. More telling, in your tale, is that you state that PennDot requested a $25 restoration fee.
To whom did they make this request?
They probably did it by mail, after the fact.
Your time line and excuses do not match.


You really think they'll give a pizza party?Nope ;):peaceful:

Sat Driver - The word Catastrophic was used on purpose ( I would call it a deliberate attempt). I am happy for you though Thanks, and I am sadden, for you.
 

Livin the Dream?

Disillusioned UPSer
SatDriver, don't know what to tell you - it is what it is.

Sad is when a forum poster has to put a forum moderator on his "ignore" list, if you ask me.....

UPS did eventually ask to see my license at the end of the interrogation, which I presented. Friday, still no word.


Note - Did you know the forum doesn't allow you to ignore a moderator?
 

tieguy

Banned
Tie, steward's rights are defined by the NLRA and the decisions of the NLRB and the Courts. The UPS Contract pre-supposes all of that.

Try searching the Internet for "steward's rights."

If UPS should fire a driver for unknowingly driving with a suspended license, what punishment should UPS suffer for being guilty of unknowingly putting a driver on the road with a suspended license? Should UPS's Common Carrier authority be revoked? Should UPS be shut down nationwide for, say, 90 days, or just the guilty facility?

there you go trying to apply some type of logic to the conversation....:)

UPS common carrier authority and its relationship with regulatory agencies is what could have gotten Living a quick discharge.UPS maintains a good relationship with the DOT and state highway officials by reporting itself when it has infractions.

So in this case it could very well have fired living and then reported the infraction and corrective action to the respective government agency. Thus UPS maintains its excellent reputation with the gooberment by serving up Living.

In this case they took a much more employee friendly approach.
 
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stevetheupsguy

sʇǝʌǝʇɥǝndsƃnʎ
SatDriver, don't know what to tell you - it is what it is.

Sad is when a forum poster has to put a forum moderator on his "ignore" list, if you ask me.....

UPS did eventually ask to see my license at the end of the interrogation, which I presented. Friday, still no word.


Note - Did you know the forum doesn't allow you to ignore a moderator?
This is kind of weird, but if you ignore eveyrone that disagree's with you, that you disagree with, that post stuff about their family or other relational issues and what ever else that you don't like. Pretty soon you'll only be able to see posts from yourself, oh, and the moderators. JMHO, as always. I honestly don't get why a "grown" man would act this way. Sayings like, "Too Bad Real Life Doesn't Have An Ignore List", are kind of strange, IMHO, can't you just look at a post and not agree with its content?

If "It's all just words on a screen.........," Why do they need to be ignored? Isn't harsh content moderated anyways? JMHO, as always.
 

Re-Raise

Well-Known Member
Tie



If that would have been the way they handled it, I would agree 100%.

But did they ask him about his license being suspended? That is not how it was posted.

The question to the driver was "do you have anything you want to tell us about?"

I was actually starting to agree with Tie, but you hit the nail on the head here Danny. If I were asked this question I would just say quit wasting my time and ask me what you want to know.
 

tieguy

Banned
In this case they took a much more employee friendly approach nothing ups management does is employee friendly!

As someone who represents UPS and who could possibly be in a situation where I am asking the questions I can tell you that I do try to do whats fair to the employee as long as it does not violate UPS policies.
 
As someone who represents UPS and who could possibly be in a situation where I am asking the questions I can tell you that I do try to do whats fair to the employee as long as it does not violate UPS policies.

Is that the " fire first ask questions later " policy?:happy2:
 

soberups

Pees in the brown Koolaid
perhaps I'm wrong.

I know the employees weingarten rights entitle him to have a steward present. I'm not aware of any mandates that say the steward has the right to interrupt an investigative interview to privately coach the employee on what he will and will not say. Perhaps someone can point me to the legal language that gives him that right.

The role of a steward is not to "privately coach the employee on what he will and will not say."

When I represent someone, I instruct them to tell the truth. Period. I also remind them that management will sometimes ask them questions that they already know the answer to, in order to try and catch them in a lie. I therefore remind them that they should answer truthfully....but if they are not absolutely 100% certain of the answer then the correct response is "I dont recall".

Often times if the company has a weak case they will try to trick and intimidate the employee into telling a lie, which is then grounds for automatic termination outside of the progressive disciplinary process. A good steward will recognize when this is the case and will encourage the employee to keep his mouth shut except for simple, concise answers to direct questions. The employee should avoid any temptation to "fill in the blanks" or to try and tell management what he thinks they want to hear.

The role of the steward is to act as a witness, to verify that the company is following the contract in regards to disciplinary issues, and to intervene on the employees behalf if the tone of the questioning deteriorates into a "fishing expedition" of badgering, harassment and intimidation.
 

tieguy

Banned
The role of a steward is not to "privately coach the employee on what he will and will not say."

When I represent someone, I instruct them to tell the truth. Period. I also remind them that management will sometimes ask them questions that they already know the answer to, in order to try and catch them in a lie. I therefore remind them that they should answer truthfully....but if they are not absolutely 100% certain of the answer then the correct response is "I dont recall".

Often times if the company has a weak case they will try to trick and intimidate the employee into telling a lie, which is then grounds for automatic termination outside of the progressive disciplinary process. A good steward will recognize when this is the case and will encourage the employee to keep his mouth shut except for simple, concise answers to direct questions. The employee should avoid any temptation to "fill in the blanks" or to try and tell management what he thinks they want to hear.

The role of the steward is to act as a witness, to verify that the company is following the contract in regards to disciplinary issues, and to intervene on the employees behalf if the tone of the questioning deteriorates into a "fishing expedition" of badgering, harassment and intimidation.

the problem may be there is no legal precedent for the objection. No courtroom process where the objection can interrupt the proceeding no point of order and the steward still works for the person he is objecting to. So in reality the witness part of the proceeding is your primary role.
 

satellitedriver

Moderator
SatDriver, don't know what to tell you - it is what it is.
It is what you make it.

Sad is when a forum poster has to put a forum moderator on his "ignore" list, if you ask me.....Ignoring me has always been every members choice. No list needed, just see that I posted and just scroll on down.
You seem to have an ability to ignore many important aspects of your life.

UPS did eventually ask to see my license at the end of the interrogation, which I presented. Friday, still no word.
You had that license in your wallet for 5 months, while it was invalid. So what good would showing showing it be?
Heck, I have my drivers license from 1968 and it is not valid anymore, but I could present it.

Note - Did you know the forum doesn't allow you to ignore a moderator?
Nope, I did not know that.
Thanks for sharing that info and I agree you should be able to ignore my posts.
When I moderate it is the only time someone should pay attention, and there is a difference between my posting and moderating.
 

JonFrum

Member
Tie, no one is saying the steward has the right to control and disrupt the meeting.

If you can't find Weingarten Rights in any of the hundreds of thousands of Internet search "hits" you received, try this one . . .
http://uwua132.org/stewards_rights_during_investiga.htm
It has footnotes leading you to the original decisions.

You seem unaware of the very fundamental American principle that to be guilty of a crime, one must have intent to commit the crime. LTD was unaware his license was invalid. There is no such thing as ESP. He had no reason to be aware his license had been suspended.

As I said before, the burden of proof is on UPS to demonstrate LTD deserves to be fired for cause. After they finished their illegal fishing expedition, they asked him about his license. I assume he took it out, and showed them that he had it, and that is was not expired. It appeared valid, and he assumed it was. There is no crime here.

However, since UPS had other knowledge that the license was suspended, and now LTD knows it too, now it would be illegal for LTD to drive, until he gets the problem cleared up.

This is a "victimless crime." A bureaucratic mixup, that management exploited by trying to lure LTD into admiting guilt where no such admission was warranted. No one is in any danger on the roads as a result of a license being declared invalid. LTD didn't suddenly "forget" how to drive, just because his license was suspended. It's not his fault the bureaucracy doesn't follow through when a notice they sent him gets returned, undelivered.
 

stevetheupsguy

sʇǝʌǝʇɥǝndsƃnʎ
Ignoring me has always been every members choice. No list needed, just see that I posted and just scroll on down.
You seem to have an ability to ignore many important aspects of your life.



+1, How could anyone ignore a Steve?
 

705red

Browncafe Steward
the problem may be there is no legal precedent for the objection. No courtroom process where the objection can interrupt the proceeding no point of order and the steward still works for the person he is objecting to. So in reality the witness part of the proceeding is your primary role.
WOW! Your local must be in your back pocket! As a steward I will object when I feel I have to, I will also pull the grievant out of the meeting if I have to and none of this needs to be approved by you!

I might work for you before I go into the office and after I'm done as a steward in the office, but do not for one moment think that you can tell me what to do, what to say or think that you can sit there and tell me to be quiet! It wont happen, I work for that member on behalf of the union at that point and you may have a big title like "manager" but I am your equal at that point!
 

dannyboy

From the promised LAND
the problem may be there is no legal precedent for the objection. No courtroom process where the objection can interrupt the proceeding no point of order and the steward still works for the person he is objecting to. So in reality the witness part of the proceeding is your primary role. [/QUOTE]

Tie, the posts by Sober and Red do have some valid points. And Jon has some as well

If I, as the steward, take issue with something that is either being done or said, the meeting can be terminated, especially if the rights of the other employee are being violated (as in the case of the fishing trip.)That does not mean we just jump up and leave. But it does mean that the answers and communication from both I and the employee have stopped, until such a time as the wrongful treatment is stopped.

I know I work for UPS. And as such, regardless of the person that I am dealing with, I will approach the meeting with the respect that is due the office, both of the manager, and of the shop steward. That respect will be there until you cease to return that respect to me. Then I will still treat you with respect, because I intend to take the high road.

Did not always happen, but I tried. I did walk away from a conversation once where I said under my breath that the center manager was full of $uyt. He asked what I said, and since I pride myself in being truthful on all things, I told him "I said you are full of $uyt, sir". He did try to make something of that, but since it was said under my breath, and not in public or for the public to hear, it was dropped. But I did hate that he was able to push me to that point where I was lowered to his level.

Tie, there is ample precedence both legal and otherwise for me to tell you the meeting is over until such a time that I have had ample time to conduct my own investigation, or to collect information, or that I need to pull the employee out to converse privately, either with the company, or with the employee. In this case, at the beginning of the fishing trip, I would have done both. And there is legal precedence to do that.

Jon
fundamental American principle that to be guilty of a crime, one must have intent to commit the crime
If a person does not know that what he is doing is against the law, does intent have a bearing?

I understand what you were attempting to say to Tie.

Regardless of the standing living in a dream has at the center, I do not believe he had knowledge of the problem until management made him aware of it. And since he did not try to cover up any issues, the center team really does not have a case to fire him for any reason.

They do have every reason to keep him off the road until they get outside confirmation from the DOT that his license is now valid. At that time, they need to put him back on road. And my gut feeling is that is what will happen.

The only thing really wrong with this whole scene (living in a dream's drama excluded) is that the company really had no business fishing for information (if that is actually what happened). Everything else that has been done is pretty much been by the book.

d
 

dilligaf

IN VINO VERITAS
I would jump in here if I thought for a second I wouldn't be accused of stalking again. Go Danny, Sober, Red, Jon........................
 
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