May 24, 2013: When it comes to technology harassment and dishonesty, the new contract offers more of the same.
The company’s ability to fire an employee for “dishonesty” solely based on information from technology is largely unchanged in the new contract.
The IBT claims UPS must now “confirm information from GPS by direct observation or other corroborating evidence.”
But the contract makes a clear exception if UPS accuses a Teamster of “dishonesty.”
The IBT also claims that, “No employee will be discharged based solely on information received from GPS unless the person intentionally defrauds the company.”
But the contract already says you cannot be fired based solely on information from technology unless you “intend to defraud the company.” The “intend to defraud” language is not new and it has not protected Teamsters from discharge.
UPS has fired drivers for “dishonesty” and “falsification of records” for recording an attempted delivery on a missed package, sheeting a residential delivery as a closed commercial stop, recording air when they’re not at the stop, and other practices that are commonplace and sometimes encouraged by management.
Such discharges have nothing to do with stealing but they have been repeatedly upheld under the “intent to defraud” language.
The new language would now state that you must commit an “intentional” act where you “intend to defraud the company.”
If a driver makes an isolated mistake, the language may help protect them from termination depending on enforcement. But the new language will not stop UPS from using technology to fire drivers on trumped up charges of dishonesty.
Click here to read more on this issue at TDU’s Complete UPS Contract Coverage page.