Bloodybrown
Well-Known Member
I just want to make a few comments about your words and you can tell me whos not being fair.
The burden of proof in a discipline case lies solely on the company. And in most cases we are at the mercy of ups when it comes to handing over information that the union thinks will help its defense. For years now we have been unable to get all of the info. So now we have started to request the info 3 times over a respectable period of time.
When we do not receive this info we are now filing ulp's against the company.
In the first case none of the witnesses were allowed to hear other testify. The union had asked for a copy of all the moves and messages that were sent to this employee to show that he had lost his links through out these several days. Company never handed this over.
So in a cross exam of the manager when he was asked "how come he didnt turn over this info" He replied he did turn it over to labor and that it should be in the packet that we are viewing.
Well guess what? It wasnt!
The arbitrator took notice on this.
SO please explain to me bloody how the union is the one being unreasonable! A 32 year driver whos own report would have shown that he had problems with his shift com was terminated for theft of time! Whos really guilty of being dishonest here?
Red,
You are at an advantage, you know I don't have the facts of these cases, I agree that the union should have everything the company has and all info should be shared by both sides. One case got back pay the other two got time served which sounds like its what they deserved. I also think the panel will never see them back there for the same reason or they will not be as fortunate(they learn for thier mistakes). I think you will have cases in March if employee's violate the contract and deserve to be there. If you think winning one of 3 cases will deter the company from administering discipline if needed, your dead wrong. I do believe what you have in place now is much better than what you had. You will also see the company invest in educating management on how this process works. They will be better at gathering evidence and presenting cases as you have stated has been done by the union. I still think the way the rest of the country works the labor panels is better.
P.S. I have not hard do you have a new DM yet??