Mugarolla
Light 'em up!
No big deal. I wish it was in there. I don't give a rats
about my idle time, but I am tired of hearing it everyday that my idle time is way too high.
Telematics and discipline.
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about my idle time, but I am tired of hearing it everyday that my idle time is way too high.
Richard Harrow
Deplorable.
I'm surprised that your shop steward didn't know how to properly handle the situation.
First, it clearly states that management cannot use technology to discipline anyone unless it's related to dishonesty (A. 6, S. 6 of NMA).
A bargaining unit employee must be "caught in the act" as they say when it comes to seat belts or bulkhead door incidents. Telematics alone is not enough.
Second, we have progressive discipline at this outfit. You cannot go directly to a warning letter. There needs to be a TLA (a sit down) before warning letters are handed out.
Write a rebuttal letter (your steward should have these), and just use a little more caution from now on.
First, it clearly states that management cannot use technology to discipline anyone unless it's related to dishonesty (A. 6, S. 6 of NMA).
A bargaining unit employee must be "caught in the act" as they say when it comes to seat belts or bulkhead door incidents. Telematics alone is not enough.
Second, we have progressive discipline at this outfit. You cannot go directly to a warning letter. There needs to be a TLA (a sit down) before warning letters are handed out.
Write a rebuttal letter (your steward should have these), and just use a little more caution from now on.
Mugarolla
Light 'em up!
His Steward probably did the best he could because he knows the contract. You, on the other hand, obviously do not.
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Mugarolla
Light 'em up!
It does not clearly state this. It states that an employee cannot be discharged. It does not state that an employee cannot be disciplined.
Article 6
Section 6. Technology and Discipline
No employee shall be discharged if such discharge is based solely
upon information received from GPS or any successor system
unless he/she engages in dishonesty (defined for the purposes
of this paragraph as any intentional act or omission by an
employee where he/she intends to defraud the Company). The
Company must confirm by direct observation or other corroborating
evidence any other violations warranting discharge. The
degree of discipline dealing with off-area offenses shall not be
changed because of the use of GPS.
Mugarolla
Light 'em up!
Telematics is enough to be issued a warning letter. Telematics is not enough for a discharge. A discharge must be backed up by your so called "caught in the act." A warning letter, no.
Mugarolla
Light 'em up!
We do have progressive discipline, warning letter, suspension, discharge. You can go directly to a warning letter on anything, and most cases, you do, except for attendance. Attendance is the only thing UPS has to give a verbal warning on before issuing a warning letter. Anything else, they can go straight to a warning letter.
Mugarolla
Light 'em up!
I know this is only a forum, and people should only expect advice, not contractual fact. But if you are going to give people advice on what the contract says, please know what you are talking about first, or refrain from giving advice.
Your entire post is incorrect. Nothing personal, just saying.
10 point
Well-Known Member
So dishonesty is defined as an act to "defraud the Company".
With the new no tolerance attitude about drivers that scan, drive, and then deliver next day airs after the commit time just how is telematics able to be used to terminate that driver (without other corroborating evidence) when the Company isn't frauded...the customer is?
Mugarolla
Light 'em up!
Good question. It may be dishonesty, but it is not defrauding the company. So according to Article 6 Section 6, UPS cannot discharge the employee based off Telematics for this scenario.
tourists24
Well-Known Member
I don't know of panel cases covering this,,, but I can say that it is a tough position to defend when a person scans a package 3 miles away from a stop to avoid a late air showing up. Then getting the signature at 10:34. I wouldn't want to defend it. My local isn't the strongest, but this is something done to falsify a delivery.
10 point
Well-Known Member
Keep that in mind. They're headhunting.
I agree that it's wrong for the driver to do.
I also know of some who pushed the DR and stop complete buttons, drove the truck to the next stop and found that the last stop (air) didn't complete. It works the same way after a signature is obtained.
Now, we have a telematics moment set in motion.
Without other corroborating evidence.
The "defraud the Company" issue and explicit language better not be plea bargained down by the IBT because the article is plainly written and we don't want precedent set.
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10 point
Well-Known Member
On friday, in our center a driver had a next day air delivery that was committed by 10:30.
He pulled up to the front door of the building, stopped the truck and got out to deliver the pkg to the front office.
The receptionist told him he had to take it to the rear building to deliver it because that's where the repair shop was.
He got back into the truck and drove to the rear bldg and the guy in the shop signed for it.
It was 9:15 AM.
Within a short time the on car supe at the center sent him a diad message to call in and explain the scan/drive/deliver issue.
It IS being heavily scrutinized and management is headhunting. The issue is not just black and white so the union's got to use the language to our favor.
He pulled up to the front door of the building, stopped the truck and got out to deliver the pkg to the front office.
The receptionist told him he had to take it to the rear building to deliver it because that's where the repair shop was.
He got back into the truck and drove to the rear bldg and the guy in the shop signed for it.
It was 9:15 AM.
Within a short time the on car supe at the center sent him a diad message to call in and explain the scan/drive/deliver issue.
It IS being heavily scrutinized and management is headhunting. The issue is not just black and white so the union's got to use the language to our favor.
tourists24
Well-Known Member
in this scenario,,, as long as the driver is staying honest, then management can do whatever they feel like.... this scenario is nothing dishonest
10 point
Well-Known Member
True. But if they're scrutinizing it at 9:15 they're surely getting alerts at 10:25.
The latter will be harder to explain...honest or not.
tourists24
Well-Known Member
that's ok.... Ive always advised our guys to work as if they are looking over your shoulder.... so it doesn't matter what time it is... staying honest will make it darn near impossible to be upheld at any panel
10 point
Well-Known Member
Who wants to go to a panel? Or be out of service for ten days?
Doing the right thing and using the language to our advantage. That's a good combination.
By The Book
Well-Known Member
I asked this question to our center manager and he told me it was for next day airs that were scanned/ recorded, drive, and delivered after the commit times. If I was in this scenario I could have either voided the air pkg.and re sheeted it well before the commit time, or pre recorded the air pkg. and drove to the shop and had them sign for it. Looks like it was just a coach able moment and they don't want us to record/drive/deliver.
tourists24
Well-Known Member
its tough to take on sometimes.... a lot depends on your relationship with management. My point is as long as you stay honest, then regardless let mgt do what they want. You either will be respected or vindicated.
10 point
Well-Known Member
The driver should have told the supe to get a life.
Dogging him for a 9:15 air delivery is over supervising and borderline harassment when it was due by 10:30.
The issue I'm pressing is "defrauding the Company" language.
We'll use it to save somebody's job if we can. The second time for them, well good luck. They'll be watching near by.
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