Tips and techniques for defending a driver at panel.....

jumpman23

Oh Yeah
A driver is going to panel in two weeks.....this is the situation

He was OJS'd and received a lock in SPOHR after the 3 day ride

Over the next 12 working days he failed to average the lock in SPOHR

On the 13th day he received a one day "blended" safety and follow up OJS ride as result of a minor accident on route and his failure to make his number over the previous 12 business days

The next day he was discharged twice. Once for repeat methodical infractions (lack of smooth car routine, failure to move out without delay, too much time behind bulk head door, failure to work within a 30 inch selection area, and failure to plan ahead) and once for failure to work unsupervised as supervised.

What are some of the best and most effective ways of defending this at panel?
Cant be fired for SPOHR, union doesn't recognize numbers. Case closed, he gets his job back and if he doesn't, multimillion dollar lawsuit for harassment and unjust firing. He should have googled either lawyers who have won lawsuits against ups and contacted them or got his own lawyer right from the get go.
 

Overpaid Union Thug

Well-Known Member
The way the EDD is set up on the route in question he never ran it at anything better than 70% in order. This means that he's frequently delivering out of EDD order with packages on the shelf in front of the sections he was delivering.
Irrelevant. They tell us EDD is "only a tool". They can't turn around and use it for a means of gauging production. Neither logically or contractionally.
 

jumpman23

Oh Yeah
Irrelevant. They tell us EDD is "only a tool". They can't turn around and use it for a means of gauging production. Neither logically or contractionally.
He should say thanks but no thanks, you can just keep the job, ill just go ahead and proceed with a 100 million dollar lawsuit for harassment and unjust firing and ill have my lawyer contact you in a few days, call their bluff, no way he loses in court for that.
 

TooTechie

Geek in Brown
Why on earth did anyone let it get this far without filing a harassment grievance? I don't know his disciplinary history but as long as his BA is strong and doesn't lay down due to being pissed about him running for his job and there aren't other pertinent issues we're missing he should be okay at panel.
 

Overpaid Union Thug

Well-Known Member
Why on earth did anyone let it get this far without filing a harassment grievance? I don't know his disciplinary history but as long as his BA is strong and doesn't lay down due to being pissed about him running for his job and there aren't other pertinent issues we're missing he should be okay at panel.
The BA is either weak or purposely ineffective due to the politics mentioned earlier. Either way its wrong.
 

By The Book

Well-Known Member
If any of you know of a BA or Steward that successfully defended a case similar to this at panel, I'd greatly appreciate it if you could put them in contact with me ASAP, as the BA here is offering as little help as possible
Sounds like you're a steward. Call your BA and ask to talk to him about this. I had one member they did a 3 day ride on and I went in and compared stops, pieces, miles, everything. They backed off after I said they needed to duplicate the 3 day ride every day. The stops were close but on the 3 day ride I noticed they loaded him up with dense residential and switched it up after the ride was over.
 

badsporh

He who is not with us, is against us.
The BA is being IMO purposely ineffective and hard to reach.....this driver is the shop steward in our center, and he filed NLRB charges as soon as he was discharged, but the NLRB won't act until the grievance machinery has been exhausted
 

By The Book

Well-Known Member
The BA is being IMO purposely ineffective and hard to reach.....this driver is the shop steward in our center, and he filed NLRB charges as soon as he was discharged, but the NLRB won't act until the grievance machinery has been exhausted
Yup, sounds a lot political and not a lot about representing the member.
 

badsporh

He who is not with us, is against us.
The BA is the only BA in this small Local and she is also the Principal Officer. She has an attorney handling the preparation of the case because of her conflict of interest as a result of the contentious election that just took place, but she will be the one presenting the case at Panel.
 

badsporh

He who is not with us, is against us.
The attorney that she chose is a criminal defense attorney?!?!? Who seems to be doing the bare minimum in getting this thing put together, UPS denied all of the information requests until just recently, leaving only 2 weeks to review what info they chose to provide from the requests
 

watdaflock?

Well-Known Member
I wonder how much the driver going to panel has paid in dues over the years to his union.

Imagine that, the union stuck it in without lube to a senior member for a change. Shocking! I thought only noobies got screwed over.
 

By The Book

Well-Known Member
The attorney that she chose is a criminal defense attorney?!?!? Who seems to be doing the bare minimum in getting this thing put together, UPS denied all of the information requests until just recently, leaving only 2 weeks to review what info they chose to provide from the requests
Weak case for ups, but they seem to think its ok to put a member out. I think this will go away before it gets going.
 

Jones

fILE A GRIEVE!
Staff member
No one ever got fired for doing their job. A lot of guys cry about how the union "stuck it to them". Talk to everyone else who was involved though and you usually find out the guy stuck it to himself.
 

badsporh

He who is not with us, is against us.
No one ever got fired for doing their job. A lot of guys cry about how the union "stuck it to them". Talk to everyone else who was involved though and you usually find out the guy stuck it to himself.

26 and a half year employee and 16 years as Shop Steward
 
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