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    samga's Avatar
    samga Posts: 1, Reputation: 1
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    #1

    Aug 3, 2011, 12:57 PM
    Is it legal to fire union worker with no written or verbal warning
    Is it legal to fire union employee twelve years over one accident? I have never been late
    No prior accidents. Never been written up.Just fired same day as accident with no verbal or written warning.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 3, 2011, 01:17 PM

    What does the Union contract say? All contracts are not alike.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Aug 3, 2011, 01:22 PM
    Quote Originally Posted by samga View Post
    Is it legal to fire union employee twelve years over one accident?
    Hello s:

    I'd say NO. If they can, you have a VERY WEAK union.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 3, 2011, 01:32 PM
    Quote Originally Posted by excon View Post
    Hello s:

    I'd say NO. If they can, you have a VERY WEAK union.

    excon

    I'd like to know more about the accident. There's a difference between being a truck driver, on company time, in an accident while intoxicated and dropping a tray of cookies.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 3, 2011, 01:40 PM
    Quote Originally Posted by JudyKayTee View Post
    I'd like to know more about the accident.
    Hello again, Judy:

    Me too. But, even if he were 100% at fault, and disobeyed a bunch of rules and policy, he STILL should be afforded due process. Having NEVER been written up before MAY be a clincher...

    I know when I managed union employees, I HAD to have written warnings in the file before I could fire anybody no matter WHAT they did. Ok, I guess if they murdered a customer, I could have let 'em go.. But, I was never that lucky.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 3, 2011, 02:14 PM

    It is of course "legal" they can not be arrested for doing so,

    It may well be against the union contract, that is why you have a shop steward who you need to have with you at any meeting, they can file a protest with the company on your behalf

    If you came in drunk and had a wreck, killed someone, yes I would assume you would be fired. If you tripped and broke a 100 tool, most likely not
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Aug 3, 2011, 02:43 PM
    Quote Originally Posted by Fr_Chuck View Post
    it is of course "legal" they can not be arrested for doing so, ...
    "Legal" and "not criminal" are entirely two different concepts. It is "illegal" to violate a contract, including a union contract.

    Quote Originally Posted by Fr_Chuck View Post
    ... If you came in drunk and had a wreck, killed someone, yes I would assume you would be fired. ...
    Or, to use excon's example, if you murdered a customer. :D
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Aug 3, 2011, 04:31 PM

    The question is not whether it is legal or not, but whether it violates the union contract or not. So what did your shop steward or union rep say when you went to him/her?
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