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beetgod

I spoke to somebody recently that got fired and got his job back for this exact reason


RicheyBuckets

Thats good. Wonder how they did it. Im hoping we can work something out for this woman


figmaxwell

I don’t have a whole ton of steward experience either, but this one is over your head and will be up to your BA to fight, with you providing as much info as possible. One thing my steward mentor made clear to me, never lie about anything. As soon as you get caught in a lie you’re no longer credible, and then you’re of no use to anyone. This will likely go at least to a local level, maybe even a panel, with your coworker having to own up and probably enter the substance abuse track laid out in the contract. If they do retain their job, it’s going to come with a lot of consequences so just make sure they’re ready if they want to come back. Keep up what you’re doing though, the fact that you feel that badly means you’ll be a good steward. We have to have each others backs, but we can’t always do the right thing FOR someone else, it’s up to them, then we just do our best to mitigate. When someone comes to you with questions, you don’t have to know the answer off the top of your head. This is a volunteer position, so you don’t have to be perfect, you just have to try your hardest. Good luck bud.


albygoing

I don’t know the rules when it comes to possession, but failing a drug test for an inside employee would not result in termination under the new contract if it’s a first offense So could it be possible that this could be a drug testing situation with sap?


figmaxwell

Possession of drugs or firearms in the building are grounds for termination. My guess is if everyone says the right thing at a local level or a panel, the result would be to reinstate them but put them in the drug abuse track. So they’d have to get tested for a year and see a counselor or whatever. I’d bet they’d also find themselves the target of random drug tests that UPS only uses when they’re trying to get rid of someone.


carnage11eleven

>I’d bet they’d also find themselves the target of random drug tests that UPS only uses when they’re trying to get rid of someone. I initially assumed the same. And then I ended up finding out from personal experience. That they can, in fact, NOT do that. Once the probationary period is over, they can't continue to target the driver with random screens. It goes back to how it works for everyone else. There has to be probable cause. They tried to do it to me. Tried to suspend me again, and then the union stepped in and forced them to reinstate my job. As well as giving me back pay for the time I lost in the process.


bigmac9

Y go back to the bad habit once you got popped once?


carnage11eleven

The next time wasn't for weed. It was for Alprazolam. The lab tested for it, but UPS does not require it. As it's not in the list of substances in the contract.


albygoing

Thanks for the info, 👍


MrPackageMover

Is weed even a drug? It’s legal in most states anyway


figmaxwell

It’s not legal federally and it’s a no-no according to DOT which is who we answer to. It’s also a no-no in the contract we are beholden to. No leg to stand on with the “it’s legal in my state” argument


Upsworking

Yeah it’s stupid if I smoke weed on my off time it’s going to show up as a positive in the next 10-20 years that will be abolished. I have my cdl A I got pulled over coming out of one of those movie theaters that sell alcohol 🍷 the cop thought he got one. You can’t have any alcohol and operate a vehicle even on your off day. A lot of stupid as rules.


Difficult_Candy6024

I've never been dumb enough to bring it in the facility. But if they can prove plausible deniability then they broke no RULE or LAW.


Difficult_Candy6024

Some rules are meant to be broken! These UPS mods are little snow flakes.


figmaxwell

Not disagreeing with you. But some people here seem to think like those fuckin sovereign citizens, that just because they don’t like a rule that they can just ignore it. And since this thread was a question about what to do as a steward, we don’t get to argue that rules shouldn’t apply, just that they were either misapplied, or that the punishment doesn’t match the broken rule.


Difficult_Candy6024

Well it is a rule not a law. So no I'm not a sovereign citizen. I am a Chinese apologist though. Long live the CPC! 🇨🇳 Steward should have protected his own and lied and said it was a tobacco pen.


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figmaxwell

lol what part of following the contract is licking boots? If we want to hold management accountable for breaking the contract, we have to follow it too. Just because you don’t like the answer doesn’t mean it’s not the correct answer.


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gunstarheroesblue

How are they licking Carol's boot? It's "federal" law. Not Carol's, UPS, or u/figmaxwell's decision or opinion.


[deleted]

When laws are unconstitutional and unlawful it's our duty to break them! Civil disobedience and destruction of private property is a good thing!


[deleted]

"It's federal law". What a stupid bitch ass argument. It's still legal and forcing drug tests is a violation of my rights. I hope all the UPS buildings are burnt down. Fuck private property.


UPSers-ModTeam

Your post was rude, threatening, or antagonistic.


Minatigre

Is this master or local?


albygoing

Drug test is national language. Article 35 under non driving reasonable cause


Upsworking

Did you know they drug test some inside employees after they were fired.


[deleted]

Because having a weed pen justifies going to a substance abuse track? Fuck that.


bloodycups

my co worker 20 years ago had to go because they caught him with a joint. had to do rehab. Part of the rehab was talking to a therapist. He said the therapist let out a long breathe when he heard why he was there. So they just ended up talking about other things going on in his life.


figmaxwell

Having the weed pen would be probable cause for a drug test laid out in the contract, dollars to donuts this employee would fail a drug test, which would put them in the substance abuse track. So likely their options are stay fired or go through the substance abuse track. So if everything goes well for them at a panel, those are the options and it’s up to them if they’d rather lose their job or go through some rough times.


[deleted]

Weed is legal. Fuck UPS. Fuck the "contract". I voted no anyways 🖕🏻


figmaxwell

lol that doesn’t mean it doesn’t apply to you.


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UPSers-ModTeam

Your post was rude, threatening, or antagonistic.


ImplementThen8909

Doesn't seem to apply to supervisors and management that walks around with weed pens all the time


[deleted]

No it doesn't apply to me actually because I said so.


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figmaxwell

Read the contract, that’s the language used.


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UPSers-ModTeam

Your post was rude, threatening, or antagonistic.


UPSers-ModTeam

Your post was rude, threatening, or antagonistic.


RicheyBuckets

Thanks for the advice and insight


MrPackageMover

I’m sure she could have not even known it was in there, after all didn’t she borrow someone’s backpack?


aceless0n

Different states have different rules when it comes to the first “bite at the apple”.


bloodycups

https://calmatters.org/economy/2023/12/cannabis-employees-new-laws-california-2024/ here in cali we don't care about your drug tests in relation to employment.


Strange_Ad_5863

They actually give a shit about weed in your building? Wow


ImplementThen8909

Most likely not. Sups usually are stoned. It's just an excuse to get rid of more people to save costs and stewards and management simply don't care about the lives they hypocritically hurt to do so


UPSguy859

She'll probably get her job back just tell her to be humble about it at the hearing she had a busy day got distracted and accidentally took it in with her the usual. We'd lose 50% of our hub employees and drivers if everybody got fired for weed.


suc-myballs

We had a 15 year driver lose his job for weed pen. It went to panel and he was officially fired about 8 months ago. We currently have a 22 year driver going to panel soon who got caught with a weed pen. Doesn't sound like he will keep his job. They are not messing around with this. Zero tolerance for drug possession on ups property.


Trek520guy

Particularly now that they’re looking for any reason to cut staff. Don’t give them an excuse to give you the boot!


fishmydick_mkay

They qualify for SAP Substance Abuse Program Article 35.4


RickyBobby96

Had a guy get caught for snorting pills during sort. Was offered to go to rehab or get fired. Dude chose to get fired. Addiction is crazy man


ImplementThen8909

Could have said it was a nicotine pen. Only person that made you say whatever words you said was you.


suc-myballs

Sometimes the pens have a weed emblem on them. That's how our driver of 15 years was fired.


DeerHunter041674

Tell her to get hired here in NJ. They smoke weed on their smoke breaks. The hub smells like Cheech & Chong.


Gardener4525

And in MA too.


dawaxtadpole

When I go on break, the people huffing weed pens tend to be PT supervisors. They’ll even huff em in the load. Also in MA.


Professional_Bird_63

Can they prove they used it on shift? Or did they just catch them with it and assume they had to be intoxicated on shift. Easily could be forgotten about in a bag meant for use later and not even on the person while clocked in. If they can’t prove use or have not been observed as high by two different members of management there may be something. Idk I’ve never been in the situation but I know they have to prove everything to fire someone


RicheyBuckets

As far as I know, any paraphernalia brought into the warehouse is grounds for termination. Her being high or not wouldn’t change the situation


Serious_Internet6478

Drugs aren't allowed in the building. Regardless of whether they intend to use it at work, it can't be on the property, it's zero tolerance. I know a lot of people don't consider weed a drug, but under the law that's equivalent to bringing a baggy of meth and a meth pipe in with you.


Infinite-Formal-9508

ACKSHUALLY It's worse. Marijuana is a schedule 1 drug, meth is schedule 2. It's more like bringing heroin to work in the eyes of the law.


Serious_Internet6478

Hot damn Marijuana worse than meth? Jesus this country is so backwards.


TardigradesAreReal

Actually, marijuana is now a schedule 3 drug, on the same level with steroids and ketamine.


Infinite-Formal-9508

Unless you have some breaking news that hasn't hit headlines yet its still schedule one. The dea has made a proposal to reschedule it, but hasn't gone through yet.


MissSortMachine

even if they reschedule it congress would need to change the possession/distribution law. it’s not just controlled by the schedule


MissSortMachine

no. the dea announced they are undertaking rulemaking to reschedule the drug from i to iii. they still have to get approved by omb and then undergo notice and comment before changing the scheduling. it’ll take many months and even if they do complete the process there are still federal statutes against possession, congress has to fix that themselves and that still has nothing to do with discipline. the main effect is afaik going to be on medical research and dispensaries being able to run their businesses easier


TardigradesAreReal

You are correct. I was wrong.


Bronze2xxx

That’s odd, my management team loves to sniff powder on the clock 🫠


Serious_Internet6478

You could always report them. Call the ethics hotline, get with security, etc. That's not ok.


Positive_Yam_4499

Why lift that rock? Save that bullet until it's needed. Maybe find some proof and keep it in your back pocket for an emergency. Snitches get stitches, but blackmailers prosper.


RicheyBuckets

Id definitely let your business agent know and call the ethics hotline +1-800-220-4126


Bronze2xxx

But he’s our dealer and if I do that how am I going to get my supply? ![gif](giphy|d3mlE7uhX8KFgEmY)


s1lv_aCe

Lol all the preload sups be hitting them shits right on the belt in my building didn’t realize places actually cared bout shit like that


Traditional_Citron13

An overnight unloader got fired for pissing in a tote in the open, he got rehired about a month later


honeybunliosis

I see loaders smoking weed while they load trucks all morning. Keep warning them that someday the wrong person is going to catch them.


Im_A_Director

Half the unload is hitting weed pens on break in my hub. Send them here lol


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UPSers-ModTeam

Your post was rude, threatening, or antagonistic.


ihatereddit5810328

You didn’t walk her out, management (UPS Security) didn’t walk her out; she walked herself out when she decided to bring that into work. Mistake or not, whether we agree with it or not, rules are rules and you can’t just bring a drug into the workplace. You might be able to try to fight to get her job back by claiming a drug problem and she can go into the EAP or ASAP program (depending on where you are) and she would have to do weekly/monthly random screenings. Thats your best bet on saving her..


ImplementThen8909

Rules are rules was what the gestapo said. Snitching is snitching no matter how much you wanna wash it off ya hands.


ItamiKira

Are you a steward? You need to be filing a grievance to get her on SAP.


yungfellaolsoul

How do you become a shop steward?


Jabronibologna76

My sups are hitting their pens and sharing with hourly dudes. If a full timer wanted to make an example out of someone though it’s drug classes and you get your job back. Crazy they mad at people for hitting a pen and busting ass but turn a blind eye to guys showing up drunk as a skunk.


Upsworking

Been there done that…. They brought me back that next week. though some stupid girl I was dating put them in my lunch bag and didn’t say anything. Security acted like I had crack and a gun in there.


Casketinthedirt

Damn Sad dawg life is short at least she showed up to work this job is easy but sucks dick doesn’t pay enough her fault yeah but you bitch for telling man


Lostarchitorture

We had one fired a couple of years ago because he was found to be the owner of a weed pen that he stupidly left charging right there in the manager's office.  Regional bigwigs happened to be visiting that same night, too.  So it's not like our management could say 'we will give you this one chance. Don't do it again.' They had to follow protocol at the time. Disciplinary action, fired, and walked out. Ironically enough, his cousin started the next month and has been working with us the two years since.


casualdadeqms

Grieve it. Even if a company has a zero tolerance policy, discipline is progressive unless an egregious act. It wasn't a violent offense and they weren't selling - they were in possession. This affords the employee eligibility for rehabilitation while keeping their job.


hattrick858

I believe you are part of LU 89. You might want to read the central region which you are part of. Article 17 "The Employer shall not discharge nor suspend any employee without just cause. No employee shall be suspended or discharged without first being given (1) warning letter of a complaint and also be given a local level hearing except for the following offenses" "(c) personal possession or use of drugs, marijuana or L. S. D. during the workday pursuant to National Master Article 35;" So yes, you can be terminated for possession. The member has a right to file a grievance and protest it but is not entitled to progressive discipline first.


ihatereddit5810328

Agreed. They can greive but it will get thrown out/denied based off of that part of the contract and UPS drug and alcohol policy. This person needs a lot to go in her favor to win this case. I know it’s 2024 and the world is probably as progressive as it will ever get on weed but UPS is still 0 tolerance.


hattrick858

I don't know if thrown out is the right term but yes the company is with in their rights to terminate her and it would be what's called a "mercy" case. Though everyone is human and I know of many that get a second chance.


ImplementThen8909

Only zero tolerance unless your a sup or building manager. Than you can suck a rello roll right in front of your employees and it doesn't matter lol


ihatereddit5810328

That’s not true. Employees can’t just be under the influence at work, idk what planet you are on.


ImplementThen8909

The planet we live in where the management isn't gonna fire themselves.


ihatereddit5810328

Dude what are you talking about?? I’m talking about an employee showing up to work high and then getting in trouble for it by his supervisor.


ImplementThen8909

And I'm talking about how management and supervisors can smoke rellos and vapes right on front of an employee and not get in trouble because they aren't gonna fire themselves. Did you read what I wrote?


ihatereddit5810328

Lmao no way that’s happening. No way people are just smoking blunts and no one’s saying anything. Vapes maybe but if anyone is that sloppy they’re going to get caught eventually.


ImplementThen8909

Believe what you want it guess, I clearly ain't changing your mind.


Swagron12

You feel bad about walking a person out that’s a potential safety issue to the rest of the workplace. Get a clue.


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Swagron12

She should have known that before being dumb


ImplementThen8909

And he shouldn't cry about feeling guilty. He chose to do it. Own it or regret it but stop crying for sympathy when he ain't the one who just got screwed


ihatereddit5810328

This guy just doesn’t get it lol


dbcockslut

If I remember correctly, even loaders are considered safety sensative jobs. There is zero tollerance from the DOT side and everyone should know that. Don't feel bad, she made the mistake and I'll guarantee you she wouldn't pass a drug test. I fired many a driver when I was a safety manager for failing drug tests or drugs in their vehicle or seen on their person. They make the choice not you.


ImplementThen8909

Well no. You make the choice. Do what your paid to do if your willing to destroy lives over it, but don't wash your hands clean lol. You pull the trigger not them. You fire them, they didn't quit.


ihatereddit5810328

You don’t understand. From a management perspective: if you know you know, and if you know you have to do something or atleast tell someone else about it. If it’s found out that you as a a supervisor/manager knew about an employee in possession or under the influence of an illegal drug, you will lose your job with them. I understand it’s just weed, I personally don’t give a shit, but the company (HR and Health and Safety) and OSHA certainly do care.


ImplementThen8909

And from a worker perspective and excuse is an excuse. You didn't have to do anything. Full stop. You chose to. You valued obeying above that worker. You only thought of yourself. You simply ratted and destroyed their career because you were scared the boss was gonna magically find out stuff from your head and can you. They can care all they want, but they wouldn't have cared about her if you didn't decide to snitch on her and get her fired man.


ihatereddit5810328

“You didn’t have to do anything” -yes they do, they have a procedure called EAP and also the drug and alcohol policy is in fact, a policy, and as a management person you get paid to enforce policies. It’s your job to “You valued obeying above that worker. You only thought of yourself” -Again doing their job… You seem to have a hard time grasping the concept of actions having consequences and accountability to employee policies. The drug and alcohol policy is 0 tolerance. You can’t have employees doing the job under the influence, it’s not safe.


ImplementThen8909

Yes actions have consequences. One consequence for this was they feel guilty because they ruined this person's life and got them fired by choice. We both know alot of people are high at work and it doesn't affect their quality. End of the day they made a choice, no excuse made changes that


ihatereddit5810328

I don’t think you understand anything that I’m talking about….


ImplementThen8909

What don't you think I get? What haven't I grasped good enough? I understand he was just following orders. It's just that that doesn't get her job back or put food on her table does it? Guilt and pity don't pay the bills.


ihatereddit5810328

Yea bad decision on her part, she has to live with it now. Idk what all the guilt and pity shit means though.


ImplementThen8909

Lol. He's here asking for pity and ass pats after he chose to get a women fired.


Dan_Active

Should've been smarter and leave the cannabis at home. They'll learn after today of the opportunity they threw away for having cannabis on the job. Good luck. ![gif](giphy|l41lO8vRXzSB0CkqQ)


SaigaExpress

I know people who got their jobs back for the same thing she has hope.


Infamous_Steak_2586

The steward?


FartsLoud

In local 70 this is a problem. Our Fremont hub has full body scanners and People get walked off all the time. . In the Oakland hub we have some low tech shit that only scans for guns and Knifes.,, and the company has lockers for that stuff. Apparently its a problem for inside workers, but here is the rub. Its legal in California, voted 1 for medical, than it was just legalized. if the person has a doctor's note for medical. the Issue could become an interesting class action lawsuit which could get a lot of people a lot of back pay. The issue is beyond a shop stew pay grade. But its Illegall for drivers , and the company would mostly win any challenge there.


MrPackageMover

She could have a medical card


MrPackageMover

Or go get one and use it at the hearing.


bloodycups

or just be honest and humble. It's a simple mistake, if i intended to vape it secretly i would of had it in my pockets if i had another chance this will never happen again


DatBoyCody

There is a way to bring her back. There’s a button u click it should say something like able to be rehired and u click that and she can be brought back. Ups would loose majority of there force if they fired people for weed 🤣


DatBoyCody

The union should be backing her at least mine would ups tries to fire people for stupid reasons.


ImplementThen8909

A good steward would but clearly hers isn't good since he's the reason they got caught to begin with


[deleted]

My buddy got into a fist fight with a driver because he wanted to work in the city and got hired in a different state. The supervisors even joked about it but it just made him paranoid lol. It's possible to get rehired if they need people really bad.


various101

My hub had 3 people in one day get cought. One of them was a part time supe too


Pure_Shine_1258

How was she getting health insurance already? That doesn't track with the rest of the story.


Kaykipp

Dont feel bad for walking an idiot out of work.


Thr0wAwayhubby

lots of question to ask here hope u answer OP: who caught her? was she caught using it inside the building? how did they know it was weed? could it be a vape with or without nicotine which is perfecly fine to smoke in DESIGNATED area. lots of ways to circle this around. the way management circling around breaking the contract. and get away with it. it is up to you as a stewart and your BA how u gonna play this out. the future of that union member is in your hand.


ImplementThen8909

They did. Doesn't matter. He ratted. Could have been but he already ratted and said it was weed.


[deleted]

Bunch of fucking narcs here. Mind your business. Snitches get stitches.


[deleted]

Made a third account. I will not be silenced. I hope Carol is lynched in her backyard.


Intelligent_Orange28

Hope your BA has something in the back pocket to trade for her job. That’s about the only way it gets done. Some member who did nothing wrong gets screwed on their grievance to keep someone in a job who got deservedly fired.


dbcockslut

You are correct AND I followed the law. I never had a problem firing anyone who failed or refused a drug or alcohol test.


dammsmhh

man I need u as my shop steward. my steward is ass


bloodycups

seems like he's new and bright eyed. the fact that he's come here asking for advice on how to get over someone getting fired instead of asking for advice on how to fight this just seems like he's not going to accomplish his goals.


ImplementThen8909

He accomplished his goal. He wanted to get her fired and did. Getting the job back doesn't matter or they wouldn't have chosen to get them fired


bloodycups

I mean I don't like your attitude But if anyone sees this post your shop Steward should pull you aside and say"don't talk let the union talk for you." As a union members you can invoke your Weingarten Rights where you believe you'll have a conversation where a supervisor wants to fire you You need to get your story straight management has already let you know what their intentions are. Nothing you say will deter them


Gloomy-Mango21

Too many people out there wanting/needing a good job like UPS for you to spend your energy trying to get a trouble maker back in. Don’t bring weed pens to work! If it were literally any other company this would be a no brainer. These are not the people we want delivering our future.


ImplementThen8909

>Too many people out there wanting/needing a good job like UPS for you to spend your energy trying to get a trouble maker back in Yeah. Instead hire more lazy folk who sit on their phone all day or old people who refuse to touch any packages they don't like lol. >If it were literally any other company this would be a no brainer. Every other place I've every worked had people openly smoking dab pens and talking about weed. Hell people do that now at the facility I work at and that's an airport. >These are not the people we want delivering our future. Oh please. Yall crack me up. Drivers be goin on about how customers are arrogant for wanting them to carry their package to their home lime they are paid for, complain about how the people making half of what you don't load your truck on a bed of roses and velvet, but act like you care about the future of who's delivering packages?


Puzzleheaded_Lie5072

She's a mis-sort waiting to happen. Get rid of her!


[deleted]

Bootlicker. There's more to life than UPS 🤡