Trying to keep my job

BrownArmy

Well-Known Member
I think he just validated Archer's point, that the contract is pretty much toilet-paper since UPS and the union can "see" the open-ended language and legal jargon through whichever way the wind is blowing. To say that it is advantageous to the worker, is laughable.

Not so much, I was replying to the unreadable post by UPSguy7 whatever.

Not sure what his sentence means...I have several possible reconstructions, but...
 

BrownArmy

Well-Known Member
Our contract just most contracts are written for some parts are open to interpretation that benefits us union employees.

I think he just validated Archer's point, that the contract is pretty much toilet-paper since UPS and the union can "see" the open-ended language and legal jargon through whichever way the wind is blowing. To say that it is advantageous to the worker, is laughable.

Damn, you're Anne Sullivan on this one.
 

JustAnumber1

Well-Known Member
I really appreciate those of you that have offered me support, useful advice. I have not blamed anyone or tried to shrug off responsibility. I smoked weed, I got tested, I'm in trouble. I'm not sure how I can take any more responsibility, unless I start taking blame for things I didn't do, guess I should admit this too, I buried Hoffa in my back yard. I've not once blamed anyone for the situation I'm in, I do regret making the comments that led to me being tested. I do wish they hadn't been taken out of context, but I did make my own bed, have not said any differntly. All I ever asked for was advice on how I may get out of the hole I've dug. Quit smoking weed, grow up, blah blah blah isn't really useful advice as to how I may salvage my job. I have read the contract, I did ask for a blood test and it was refused, my ba said, well, they weren't prepared to do that. There are many things in the contract that my center doesn't adhere to, that my ba doesn't bother to enforce. That's just the way it is in my center, many of us have discussed the things that go on that aren't right but in the end, none of us have stood together long enough or been passionate enough to change them. I never wanted to discuss the morality of smoking weed, I have my opinion, I feel that some of you share it, obviously some of you don't. I posted on here for advice on potentially saving my job, not advice on how to live my life. To those of you that were able to understand that, thanks for your input. No matter what you may think of me, or believe about me, I can assure you, I wore my browns with pride, I was a proud teamster, I worked hard for ups, I wanted my company to excel, I have gone above and beyond on more than one occasion. I am not claiming to be the best upser ever, I'm not, but I am a hard worker and I took pride in my job. Ups is quick to ask for a favor and even quicker to forget it. I've come in early on more than one occasion to run the shuttle or do the lineup, I've not argued or filed grievances even when I was well within my reigns to do so. In the end, none of that was taken into consideration. So to my point again, I got myself in this situation and now I'm trying to get myself out of it, any advice as to how I may be able to do that is much appreciated.
 

Whatbrownwontdoforyou

Well-Known Member
I really appreciate those of you that have offered me support, useful advice. I have not blamed anyone or tried to shrug off responsibility. I smoked weed, I got tested, I'm in trouble. I'm not sure how I can take any more responsibility, unless I start taking blame for things I didn't do, guess I should admit this too, I buried Hoffa in my back yard. I've not once blamed anyone for the situation I'm in, I do regret making the comments that led to me being tested. I do wish they hadn't been taken out of context, but I did make my own bed, have not said any differntly. All I ever asked for was advice on how I may get out of the hole I've dug. Quit smoking weed, grow up, blah blah blah isn't really useful advice as to how I may salvage my job. I have read the contract, I did ask for a blood test and it was refused, my ba said, well, they weren't prepared to do that. There are many things in the contract that my center doesn't adhere to, that my ba doesn't bother to enforce. That's just the way it is in my center, many of us have discussed the things that go on that aren't right but in the end, none of us have stood together long enough or been passionate enough to change them. I never wanted to discuss the morality of smoking weed, I have my opinion, I feel that some of you share it, obviously some of you don't. I posted on here for advice on potentially saving my job, not advice on how to live my life. To those of you that were able to understand that, thanks for your input. No matter what you may think of me, or believe about me, I can assure you, I wore my browns with pride, I was a proud teamster, I worked hard for ups, I wanted my company to excel, I have gone above and beyond on more than one occasion. I am not claiming to be the best upser ever, I'm not, but I am a hard worker and I took pride in my job. Ups is quick to ask for a favor and even quicker to forget it. I've come in early on more than one occasion to run the shuttle or do the lineup, I've not argued or filed grievances even when I was well within my reigns to do so. In the end, none of that was taken into consideration. So to my point again, I got myself in this situation and now I'm trying to get myself out of it, any advice as to how I may be able to do that is much appreciated.
I personally don't think smoking weed is a big deal.......but my opinion doesn't matter....ups the company that pays our salary doesn't want us smoking any illegal substances.........even if you get your job back this time they will test you again and you will fail because you feel you should be allowed to smoke weed and you can't
 

JustAnumber1

Well-Known Member
My post has some grammatical errors, I sure some of you will interpret that to be the lingering affects of the joint I smoked 2 weeks ago. In reality, it's my iPad choosing words for me and I didn't catch it. Someone asked, no, I have not been fired yet for failing the drug test but I do expect it to be forthcoming, as it stands, I'm fired for theft of time because I paid my phone bill on the clock. i personally don't consider that theft of time, as I paid my phone bill in order to use it in service to ups, to locate the street my next stop was on. A few weeks ago, I went out in my personal vehicle, off the clock to locate a package a buddy misdelivered, it wasn't far from where I live and it was 30 miles away from my buddy's house. Ups wanted him to come back and go out to fix it or face discipline. Do you think ups cared that I did that? Do you think I recieved any credit for that? I think the 30 minutes it took me to do that more than offset the time it took me to pay my phone bill. Of course, not in ups eyes. I'd love to keep my job, I realize it is unlikely that I'll be able to do so. I am not beaten, I will be successful, whether that be at ups or in my next career. Thanks again to all who have offered support. I like the comment about us all being teamsters, I don't agree with all the union has done or allowed, I don't agree with some of your comments but in the end, I am proud to be a teamster, I am thankful for the brotherhood I've been a member for the last 8 years of my life and I wish all of you the best.
 

JustAnumber1

Well-Known Member
Haha, no, I won't fail again if I get my job back. I've not smoked since I was tested, in the hopes that I'm given a second chance. I would have no problem taking additional tests if that was a condition of being allowed to keep my job. You don't know me. Do I think it should be legal, yes, do I think I should have the right to do what I want in the comfort of my own home on my own time, yes. It's no different than wearing my seatbelt in my personal vehicle, I do it because I believe it may save my life one day, I do it also because in my state, it's the law, but I believe it really should be a personal decision. Got a ticket years ago for not wearing it, learned my lesson, I buckle up now, don't want another ticket. In this case, I smoked weed, I got caught, if given the opportunity to keep my job, I would absolutely adhere to the company policy, whether I agree with it or not. So please don't assume to know me, or what I'll do.
 

silenze

Lunch is the best part of the day
Let's just try and focus on the facts. If they did not follow the contract and refused to take a blood sample then you should fight any positive result. You should calmly go over the contract with the ba. And make him explain why the contract was not followed and what he is going to do to enforce it. Then hold him accountable.
 

UPSGUY72

Well-Known Member
I think he just validated Archer's point, that the contract is pretty much toilet-paper since UPS and the union can "see" the open-ended language and legal jargon through whichever way the wind is blowing. To say that it is advantageous to the worker, is laughable.

If the contract was written with language that was black and white on every thing covered 99 % of the union employees that get fired would never get there job back and a lot more would be getting fired.
 

ski or die

Ski or Die
As far as what you are currently terminated for, you might try harassment. How many package drivers use their cell phones for personal calls during business hours. How many clerical people use the phones on their desks or cell phones for personal calls. Everyone receives personal calls including management during business hours. I'm just putting this out there to confront this issue of the dismissal. If somehow, the drug test passes, you might try to show you were being singled out for personal use of a phone. And then also explain why you had to because the company had not furnished you the proper materials (maps) to perform your job. Your BA and Steward cannot stop you from filing a grievance. They may not help you at your hearing, but it would be your first step before contacting the NLRB. If the dismissal ends up being just for theft of time, the grievance then can be shown to NLRB how the company was singling just you for harassment. You could also then be able to explain to the NLRB what your BA has discussed with you about not helping, and also show if he did not attempt to defend you at the hearing. Be sure to keep notes of dates, times, places and people of any discussions with management or union for evidence including what is said at the hearing. Good luck.
 

UnconTROLLed

perfection
If the contract was written with language that was black and white on every thing covered 99 % of the union employees that get fired would never get there job back and a lot more would be getting fired.
That is a double-edged sword and you know it. There are plenty of union people that should have been gone years ago, that keep coming back from terms and suspensions - as are there people who got their jobs back deservedly so.
 

browner89

Well-Known Member
So you've been a driver for less than 4 years and been fired twice? You mentioned in an earlier post about having been fired before.You smoked weed...ran your mouth to a helper about drug use...and lost a great paying job because of it. And you don't regret it? Good luck in all future endeavors.

Don't forget that he's a responsible adult with plenty of money that doesn't pay his phone bill on time. That isn't irony, is it?
 

browner89

Well-Known Member
As far as what you are currently terminated for, you might try harassment. How many package drivers use their cell phones for personal calls during business hours. How many clerical people use the phones on their desks or cell phones for personal calls. Everyone receives personal calls including management during business hours.

You're the former steward, not me, but is pointing fingers at others doing the wrong thing really going to help the OP for doing the wrong thing?

Even if its stupid, it sounds like all it will do is have the center manager say at the next meeting "And don't forget, we don't conduct personal business during working hours" and it will all be forgotten.
 

browner89

Well-Known Member
Haha, no, I won't fail again if I get my job back. I've not smoked since I was tested, in the hopes that I'm given a second chance. I would have no problem taking additional tests if that was a condition of being allowed to keep my job. You don't know me. Do I think it should be legal, yes, do I think I should have the right to do what I want in the comfort of my own home on my own time, yes. It's no different than wearing my seatbelt in my personal vehicle, I do it because I believe it may save my life one day, I do it also because in my state, it's the law, but I believe it really should be a personal decision. Got a ticket years ago for not wearing it, learned my lesson, I buckle up now, don't want another ticket. In this case, I smoked weed, I got caught, if given the opportunity to keep my job, I would absolutely adhere to the company policy, whether I agree with it or not. So please don't assume to know me, or what I'll do.


You contradict yourself all over in this post.

You think you should be able to break the law and smoke weed because its in your house.

You think its no different than wearing a seatbelt, a life saving device, say you do it because you think it will save your life, but only because you paid a fee for not doing it and don't want to pay another fee.

Now you say you won't smoke weed because it's illegal even though you believe the law shouldn't apply to your place of residence, but only if you keep your job, not if you don't get it back.

What?

You're right, we don't know you, I also don't think you know you.
 

UPSGUY72

Well-Known Member
That is a double-edged sword and you know it. There are plenty of union people that should have been gone years ago, that keep coming back from terms and suspensions - as are there people who got their jobs back deservedly so.

The problem is that unions don't and can't legal police there self's like they used to do. In the old days the bad apple was taken aside and told to shape up or get out and it didn't usually happen in a nice way.
 

happybob

Feeders
Wow! It took me a while to read through this entire thread and thought I would comment.

OP, I think I read in this thread somewhere that it's been two weeks since the drug test was done, yes?
I think I also read that you requested a blood test at the time of the test, yes?
I think I also read that you admitted you smoked a joint with a friend on a Saturday night, but I don't recall what day you said the test was done, Monday/Tuesday?

Two weeks since test and no call from the lab that the test was positive. Refusal to perform the blood test that was contractually requested. This point alone will/should(imho)win any termination case for failing a drug test. The threshold for a positive test is much higher than what would normally show up in your urine if you only smoked on that Saturday night. These three things add up to your termination(imho) will have nothing to do with the drug test, but will only be for theft of time.

I think you and your BA need to get on the same page. Unless you've been told the test is positive then you and the BA should be building a good case to get you back with possibly just a suspension for the paying of your phone bill on company time. Its will be a crap shoot to get a panel or potentially an arbitrator to give you your job back with back pay. If the suspension is offered, seriously consider taking it and chalking it up as a lesson learned. That lesson, shut the hell up! Be sure to try and get records from your service provider that shows calls made to your center, on your cell phone, during business hours. This would be helpful if it gets to an arbitrator to show you need your phone service to conduct business as a driver at UPS and that arbitrator will clearly see that the company maybe has another motive to terminate you other than theft of time. Also be sure to list in your grievance the fact that your needed your cell service reconnected in order to google/mapquest an address you were going to deliver to. Maybe your phone has a search history function that would show you google/mapquested that address on the day in question. I truly hope you have filed that grievance for unjust termination and not just depended on the union to file it for you. Most unions automatically file grievances in termination cases, but I would never depend on someone else to do something I should be doing myself, it is your career you are talking about.

Good luck brother!
 

Waste Manager

Active Member
This thread..while lengthy..is an interesting read for sure...and it's interesting to read all the different opinions on pot use...alcohol..bi-polar disorder etc.
A hard working,honest,and (mostly) law abiding person..is being chastized for his use of a recreational drug.
Some drivers come to work reeking of alcohol...usually from the night before..(how much do you have to drink to still smell like it the next morning I often wonder)..people stand outside puffing away on a legal substance-tobacco-that we KNOW can kill us.
Prescription drug use is an easy trap to fall into when in pain..mentally or physically..and the medical profession eagerly hands out the 'script.
Prohibition didn't work..and neither did the ''Just say NO'' campaign.
Pot/weed..is a recreational drug..unfortunately..there are alot of people out there that seem to have no qualms about being high at work..behind the wheel,etc..being high at work?..can't see that as being any fun...
This person paid his cell phone bill during work hours??...and that's 'stealing time' from the company?..WHAT??
The person that sits beside me has the cell phone on the entire day..it's buzzing and chiming away all day..and said person is responding to all the messages,snapchats,twitter messages etc..and that goes for MANAGEMENT as well..
How is one person,paying the phone bill...stealing time..when so many others are 'stealing time''..all freakin' day?
You come to work everyday?..you work hard all day?..no phoning in sick every Monday or Friday?..since you're driving...I would guess the cell phone use is minimum during the day?..Someone wants you gone Justanumber1...and they are finding a way to do it..you have a union to protect you..someone in that union needs to step up to the plate and help you...
You are a hard worker..reliable,honest and trustworthy..I'd want you on my team is all I can say..
 
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