Hi everyone.
My husband was fired last month for “intentionally damaging packages”. His route consist of rural dirt road areas, some business and rezi. So, Management had a stack of almost 50 images of packages that were damaged on the outside, smushed, stepped on, etc. They claimed these were all my husband’s. They claim that was stomping on them, and damaging them to be malicious.
To get ready for panel, the union steward did his due diligence, and went through images, asked for pictures of my husband shoes that didn’t match the photos. He also asked the drivers that were now all covering my husbands route to send him a photos through out the day to have proof that packages can get damaged while doing the rural area - which they all did, and there were multiple! They had their meetings with management and business agent, and the manager was adamant that his firing was justified.
Panel happened today. The union was able to prove that out of the 50 or so images that were allegedly my husbands, that only 4 were his deliveries, and that these 4 have spanned over the last 8 months.. so obviously that should have been more than enough to win the case in our favor. They went to statements, and the manager didn’t hide his distaste. He stood there and spoke about how unpleasant and unprofessional my husband is and the he truly believes that the packages were maliciously and purposefully damaged.
Panel was deadlocked, in came the arbitrator and sided with the UPS against my husband.
This particular manager is newly promoted. Last summer, he was my husband’s supervisor. We live in AZ, and on a 107 degree day, my husband went down. When he called the hub, asking for help, they said no. When he called them to let them know he went down (heat exhaustion) the supervisor said he wasn’t going to go help him and if he really needed it to call an ambulance. So he did. When the ambulance arrived, they were taking his vitals and they were insane. The supervisor pulled up and wanted to make sure he wasn’t faking* it. He looked at my husband drinking a Powerade that the paramedics provided, and said that’s why you went down, you’re drinking soda instead of water.
After that incident, my husband starting filing the 9.5 grievances because he was being sent our heavyyy in 110 weather. Of course the sup didn’t like that.
More recently, now that sup is the manager right. My husband filed an FMLA claim because our son is in the process of getting diagnosed with autism. The FMLA claim was approved for one day a week to take our son to therapy’s. ONE WEEK AFTER THE FMLA CLAIM has been submitted, my husband got fired.. for the damaged packages…
I feel like this is retaliation to the FMLA claim, and even a hostile work environment towards my husband because of past grievances. None of this was mentioned at panel.
My question to you all is, after the local panel and arbitration is done, and not won in our favor, what can we do now?? Can this be taken to nationals after arbitration has voted against the union?
I understand that it’s a binding decision, hence the guidance needed on if anything else can be done?
My husband is completely defeated. He has no reason to purposefully damage packages, what’s the point? His route is on a rural dirt road, it’s bumpy and everything from the top shelves fall down and of course stuff is going to get squished!
We just need some more guidance. I appreciate any advice you may have.
Thank you, have a good one.
www.toledoblade.com
