OrlandoCitySC
Well-Known Member
Got it. LOL
On Topic: UPS attempting to terminate newer driver after filing grievances
- Thread starter OrlandoCitySC
- Start date
Got it. LOL
G.V. Rush
All Encompassing Member
Well la dee da.28 years and I have never crapped orin a bottle.
Side of the road? Well.....
HEFFERNAN
Huge Member
In your novel, even your steward told you to go do some stops then go find another place to use he bathroom. You didn't listen to him so don't expect sympathy.
60 minute lunch or 30, you still have to make correct choices. They got you for adding 10 minutes to your lunch and they have a contractual right to discipline you for stealing time. I wish you luck and you will be back, but LISTEN to your union steward and BA.
Faceplanted
Well-Known Member
This is why smart drivers "hold it" 30 minutes or more after lunch and than drive to a bathroom to do what they gotta do.
Once you starting playing the game you were playing you need to do everything right
Legally ups has no leg to stand on, I feel morally they do, especially if they have telematics to back up their claim of visually seeing you.
I have had ojs rides where the urge to use them bathroom happened to hit me when I was in the middle of my resis and at least 10-15 min from the nearest bathroom. So I wasted about a half hour, on road was not happy, but I did noting wrong. U gotta learn how to play the game
Once you starting playing the game you were playing you need to do everything right
Legally ups has no leg to stand on, I feel morally they do, especially if they have telematics to back up their claim of visually seeing you.
I have had ojs rides where the urge to use them bathroom happened to hit me when I was in the middle of my resis and at least 10-15 min from the nearest bathroom. So I wasted about a half hour, on road was not happy, but I did noting wrong. U gotta learn how to play the game
WorknLateHuh
Well-Known Member
First of all, you're lucky you were in the bathroom for only 10 minutes after eating Taco Bell rather than the normal 20 minutes.
Secondly, i think you will get your job back.
Thirdly... it could be worse, they could have fired you for taking UPS pens home. **cough cough**
Secondly, i think you will get your job back.
Thirdly... it could be worse, they could have fired you for taking UPS pens home. **cough cough**
OrlandoCitySC
Well-Known Member
Just got off the phone with another attorney who says UPS has lost more $$$ than any other major employer in the United States settling lawsuits for harassment, discrimination and retaliation. And so being that I've never ever been fired from any job or even had my work ethic questioned in the past 25 years I've been a working member of society, I don't believe I am the problem. But thank you for everyone's input, Gatorade bottles, DR bags and all...
OrlandoCitySC
Well-Known Member
Yeah, see that's what I used to do. Drive to a bathroom well out of my way but I was thinking I was doing the company a favor by just going quick BEFORE I clocked out for my 30 minute lunch at where ever I ended up eating. If I were to clock then go I'd only have 20 minutes to order, wait, and eat my lunch. Never have taken a 60 minute lunch before but it sounds like something I should begin doing so I have ample time to take care of everything.
OrlandoCitySC
Well-Known Member
Never have taken a full hour before since working for UPS. I was told lunch breaks are 30 minutes. No Bingo!
OrlandoCitySC
Well-Known Member
So taking a
= eating lunch? I don't know anyone that takes their food into the crapper and prefers to eat there. But good to know. And I did listen to my steward. He said do not do it that way, do it this way. So I started doing it this way and then they found issue with that also even after they do it the exact same way themselves. Damn, the reading comprehension in this thread is at an all-time low.
BigUnionGuy
Got the T-Shirt
File a grievance, and a complaint with OSHA.
Absolute BS.
Where do you come up with this stuff ??
"The issue of employees remaining on or off the clock when using the bathroom is not addressed."
Bathroom Business: OSHA’s Restroom Rules
Safety and Health Topics | Restrooms and Sanitation Requirements
The only thing the Company can do....
Is request a medical evaluation, if they feel your "use" of bathroom facilities is "excessive".
Period.
End of story.
Some drivers tremble in fear, of a 3 day ride.
I don't know why.
Constantly rehydrating, causes you the need for using the restroom.
No matter.... how far away the nearest one is.
You can't be denied.
-Bug-
sandwich
The resident gearhead
We work in a truck. Not in an office Or warehouse that has bathrooms. WE have limited access to bathrooms. And no upstate not all drivers have access to restrooms all day. Some of us are out here running 250 all resi stops and have to break route and find a restroom when we need to go.
Stop doing the company favors. You see now what that gets you.
Come to work, do your job the way you were trained to do it, go home. Grieve as necessary.
olroadbeech
Happy Verified UPSer
Heffernan has the best advice . BigUnionGuy also.
Listen to your steward and BA.
also , if you get your job back , you may have to swallow your pride and mind your p's and q's for awhile and play their game.
watch this on you tube...."I Won't Back Down" by Tom Petty ( it will keep you strong )
good luck.
Listen to your steward and BA.
also , if you get your job back , you may have to swallow your pride and mind your p's and q's for awhile and play their game.
watch this on you tube...."I Won't Back Down" by Tom Petty ( it will keep you strong )
good luck.
OrlandoCitySC
Well-Known Member
THANK YOU! I'll be filing a grievance as soon as the termination letter shows up. And I will look into the OSHA option.
UpstateNYUPSer(Ret)
Well-Known Member
Place your order then go take a leak.
sandwich
The resident gearhead
My advice is to ignore upstate. He makes up rules and sides with the company 100% of the time.Hello all:
Unfortunately this is about the horrible side of the job. Harassment, intimidation, petty disciplinary measures etc. I'm a newer driver who hasn't been with the company a year yet. After qualifying and becoming a full-fledged employee and union member everything was fantastic for about 6 months.
But then one of the on-car supervisors began getting hostile with me, harassing and intimidating me because I was not performing well enough on a route in his opinion I was covering that was under his supervision and not my own on-car supervisor's. This continued for a couple weeks at least before I asked my union shop steward if there was anything we could do. This was in June. So my shop steward suggested we have a meeting with the Center Manager to discuss the conduct of the On-Car Supervisor who was harassing me. We had said conversation with the Center Manager and end result of that meeting was Center Manager said this On-Car Sup would not be allowed to meet with me anymore without a shop steward present as well as any other On-Car Sup and that if I continued to have any problems with this guy to let the Center Manager know right away.
Ever since then, this On-Car Sup had it out for me continuing to harass me and after discussing with me shop steward again and my union, we decided I should file a grievance for harassment. So I did. Then he left me alone for a little while and all was fine. But then he started targeting me again and trying to nail me for every little thing he could and anything he could. Even riding along with me to supposedly show me where I could improve on that route I was covering but all that happened with that was he helped me all day long and we only got done in time by mere minutes but in order to do so he made me skip my breaks to get the NDA back in time for the day. So that further proved I was being way over-dispatched, which is what I was saying the entire time to begin with. The driver who owned the route I was covering would go out with about 50 stops and had several years worth of area knowledge on that route and they were sending me out with over 100 stops almost daily and sometime up to 130 stops.
Fast forward a couple months into August of this year and he's still harassing me and now even following me around on routes I'd be covering every single day to try and nail me on anything he could. During all this I decided okay, beforehand I had never filed any grievances whatsoever and it wasn't until he became really hostile and nasty with me that I finally decided to file the harassment grievance. But now after more conversations with my union rep and shop steward we decided I should try to opt-in and get on the 9.5 list at my Center because another thing they were doing to me is piling so many stops on me for junk routes and the like that I was having to work 14-hour days almost everyday and by the end of the week always putting the max hours we're allowed.
It took about a month but I was finally able to opt-in. Prior to this I didn't know for sure all the rules about signing up to cover routes for guys on vacation and that if they pulled you off the route you still had 9.5 protection because you didn't volunteer and everything related to that because this same harassing supervisor lied straight to my face several times on covering routes so that he could pull me off the one they were trying to slam me on and assign to a few other drivers willing to run all day and skip their breaks to get those 130 stops or so done.
So now we're into September and I've opted in and am on the 9.5 list so at least they can't make me eat dinner at midnight five days per week because I wouldn't get off until 11pm after an 8:45am start time. So I was feeling like a had a little bit more control over how much they could screw me. But all the while this same supervisor is still trying to find ways to harass me.
So on 9/28/16 this supervisor brings me into the office and tells me he was following me around the previous day on the route I was covering and said he observed me clocked out for lunch but still inside the place I was at for lunch five more minutes after I showed myself punched back in. All I did was take a piss after I finished eating and headed back out to my truck. In said meeting he told me I was to be clocked out while using the restroom. I've never been asked to clock out to use the restroom for any job I've ever had in my entire life. Not to mention it is illegal. Afterward, I asked my shop steward who was in the meeting and my union rep afterward to give me some advice and both said to either go deliver a few more stops and then stop somewhere different to use the restroom or to use the restroom before my lunch and then clocking out immediately afterward or if I had to go bad enough to go while still on break and make it a part of my lunch.
So I never did use the bathroom after my break ever again but did sometimes used it before my lunch and clocking out which still I thought to be fine because having to use the bathroom is just a part of everyday life. And I never abused it nor could it ever be construed that way. In my opinion it was better to do it that way than to be miles away from a bathroom and needing to go and then having to drive way out of my way and stop delivering to go to a gas station or something to use the restroom, which would take way longer than trying to hold it until I was at a reasonable stopping point at go just before lunch. Like during all of our childhoods when your mother would call out it's time for dinner so go get washed up and use the bathroom if you need to before you come to the table. Made perfect sense to me anyway and like I said it's not like I was abusing bathroom usage by any stretch of the imagination. I thought I was doing them a favor saving them time, money and fuel not driving way out of my way and abandoning my route to go find a restroom and go and then going way back out to where I was and continuing my route.
So this past Monday, I called in to see if I was working because I am a newer driver, still lower on the seniority list, and Monday's I am sometimes laid off for the day because it's slow and the volume is low. The office clerk gal answered the phone and said I was scheduled to work so to come on in. Upon arriving I went in the office and looked at the board and my name wasn't by any route and so I asked the same office clerk gal what route I was on and that's when my Center Manager and my own On-Car Supervisor (not the On-Car Sup who had been harassing me the whole time) swarmed around me and both stated I was NOT working but was needed in the Center Manager's office for a meeting immediately. And I was like great, here we go!
Before I went in though my shop steward (a great man) pulled me aside in private real quick and said they were going to try to terminate me for "stealing time." That's how they have to frame it, as theft, because you can't just come out and tell someone they have to clock out to use the bathroom. So my shop steward told me how the meeting would proceed and then we went in the Center Manager's office where my own On-Car Supervisor, the Center Manager, some Security Loss Prevention guy were waiting for us.
The meeting commences and the Security guy is doing all the talking and stated that him and my On-Car Supervisor were following me around Tuesday, Wednesday and Thursday of the previous week (week of October 10th, 2016) and that they observed me "stealing time" these three days which they explain as "discrepancies in my timecard activities." So the Security guy is doing the questioning and he says on Tuesday we observed you going into Taco Bell at 2:20pm, yet you did not clock out until 2:30pm, can you explain this discrepancy in your timecard? To which I would say yes, there is no discrepancy in my timecard I was taking a
The HUGE kicker is that the week prior to when they were following me around (the week of October 3rd, 2016) they pulled me off the route I signed up for all week long and also ignored my 9.5 rights everyday so I ended up filing four grievances for seniority violations for pulling me off the route since I was the only one who signed up to cover the route in question for a driver on vacation and then I filed three more grievances for the three days I was forced to work more than 9.5 hours. So a total of seven grievances I filed and turned in on 10/10/16 at around 5pm. I came in in street clothes and turned them in because I was laid off that Monday. Then, less than 24 hours later, Tuesday 10/11/16 when I was working, this Security Loss Prevention guy and my On-Car Supervisor "randomly" decide to start following me around for the week to look for any wrongdoing? Yeah right!! This is so crystal clear that this is just continued intimidation, harassment and more retaliation.
But the meeting concludes with my Center Manager saying he is taking me out of service for "stealing time" and I will be issued a termination letter, which I will receive in the mail, and that I will have to turn in my browns.
So now I'm waiting for said termination letter and then the next step is a Center level hearing, followed by almost 100% sure another hearing in Seattle the 2nd week of November. I have complete confidence in my union rep and his ability to punch thousands of holes in their BS attempts to fire me but I'm still shocked at UPS' behavior.
I've never had a job where harassment, intimidation and retaliation was so blatant and sadistic. Any advice welcome.
sandwich
The resident gearhead
Do you even need to wait for the letter? File now.
UpstateNYUPSer(Ret)
Well-Known Member
I have lost count of how many restrooms I have access to throughout the day.
UpstateNYUPSer(Ret)
Well-Known Member
Uh...no.
I employ common sense and try to evaluate an issue from both sides.
This kid was clearly stealing time.
sandwich
The resident gearhead
Nope. Its not up to the company when and where nature calls.
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