suspended

[EndOfStory]

Once again, Weingarten rights only apply to investigatory interviews in which discipline might result.


What would you call a Asst Vice President and my store manager calling me into the back office? To discuss last night's baseball game? Get real please. It was to either lie and say i went off on them or they were gonna make up lies. I know how they work and i wasn't gonna make it easy for them. I choose this route for a reason, and that reason is ITS MY BEST COURSE OF ACTION TO COMBAT THERE GAME. I aint arguemng law here and i know it's a law forum but some people come here for advice

 

[ElleMD]

In 11 pages you have done nothing but argue and hear only what you want to hear. There is nothing more anyone can do for you here.

 

[EndOfStory]

Thanks Judge and i APPRECIATE everything you say. I just spoke with my union rep and honestly i think he is a little scared that am gonna report him for his comment to me after the meeting on Tues. his words were " I wouldn't go to the union hall this time they may throw you out on your ass" That was what he said to me after i said to him i think i'll go to the union hall. I felt and still feel that he hasn't defended me. He talks like he is when were on the phone but when were sitting in a meeting he sits there and lets them chew my ass out and says nothing to defend me. I think i will call the labor board and tell them his comments. I fyou feel i should let it go Judge i would take your advice in a heart beat.

 

[EndOfStory]

In 11 pages you have done nothing but argue and hear only what you want to hear. There is nothing more anyone can do for you here.

well the judge has done more for me then you ever did but argue against me instead of hearing me and offering advice. so do us both a favor and stop telling me i have no course of action! because i was just informed by a LAWYER that i had every reason to enforce Weingarten rights in the way i did. So think about circumstances before you reply thinking the law is just YOUR way.

 

[army judge]

Thanks Judge and i APPRECIATE everything you say. I just spoke with my union rep and honestly i think he is a little scared that am gonna report him for his comment to me after the meeting on Tues. his words were " I wouldn't go to the union hall this time they may throw you out on your ass" That was what he said to me after i said to him i think i'll go to the union hall. I felt and still feel that he hasn't defended me. He talks like he is when were on the phone but when were sitting in a meeting he sits there and lets them chew my ass out and says nothing to defend me. I think i will call the labor board and tell them his comments. I fyou feel i should let it go Judge i would take your advice in a heart beat.

You must decide what works best for you.
No two people would do exactly the same thing, unless by accident.
Your lawyer seems poised to see that you receive justice, so keep that in mind.
I've found that I used to comment too much about everything that bothered me in life.
As I've aged, I learned that others tend not to care as deeply as I do about the stuff that agitated me. LOL
I would only encourage you to smile more, comment less, because it unnerves your opposition.
This is one reason I enjoy some board and card games (chess, checkers, bridge, bid whist, and poker come to mind).
Besides the fact, dad taught me chess and checkers, and mom taught me bridge and bid whist, LOL.
Poker, well, I guess I stumbled into that.
Anyway, they require some thought, and silence can be of great value.

I say, stay the course, but don't tip your hand.

 

[EndOfStory]

Thanks Again Judge, I value your opinion and it has been hard on my Mom these past 6 weeks. I am at peace with who i am and i will let God decide my fate. I am prepared for whatever outcome it brings. I believe the past few months has made me more aware of what's important and what's not. I only wish other's who comment or post here understood most people aren't here for the rules of the Law but rather advice on dealing with things they have no clue about. Am thankful i had a Father who served in the Military and stood beside a Judge in a courtroom for 20 years and taught me about things that have helped me along in life. And trust me if Pop was still around in person and not in Spirit alone, i wouldn't be seeking advice on a Law Forum Lol but am thankful that it allowed me the wisdom i gained from it. I will take your last post and follow it because i believe its the right thing to do. Other's will have to deal with there ways of life one day. God Bless Us All ....Amen

 

[EndOfStory]

This is for ElleMd to hash over and understand that Legal Laws don't always apply to work laws.. Its a pretty broad scope listed in MY cba that doesn't allow any compant to simply fire at will employees!!! Enough said

All UFCW 1500 contracts guarantee that employees cannot be disciplined or discharged, except for "just cause." The Just Cause checklist below can help you determine whether your Employer had Just Cause for a disciplinary action. Answering "No" to any of the following questions normally means the Employer does not have just and proper cause.

Did the Employer Provide Forewarning?
Was it a Reasonable Rule?
Did the Employer Investigate?
Is the Penalty Appropriate?
Are All Employees Being Treated Equally?
Did the 'Judge' find Proof?
Was the Investigation Fair?
Did the Employer Provide Forewarning?

Did the employer let the employee know of the possible or probable disciplinary consequences that could result from their actions? The warning may be spoken or printed. An exception may be made for certain conduct (i.e., insubordination, coming to work drunk, drinking on the job, or stealing company property) that is so serious that the employee is expected to know it will be punishable.

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Was it a Reasonable Rule?

Was the employer's rule or managerial order reasonably related to (a) the orderly, efficient and safe operation of the company's business, and (b) the performance that the employer might properly expect of the employee?

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Did the Employer Investigate?

Did the employer, before disciplining the employee, make an effort to find out whether the employee did, in fact, violate or disobey a rule or order of management? The investigation normally should be made before the decision to discipline is made. However, if the Employer believes immediate action is required, they could choose to suspend the employee pending investigation with the understanding that the worker will be reinstated and paid for time lost if there is no basis for punishment.

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Was the Investigation Fair?

Was the company's investigation conducted fairly and objectively?

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Did the "Judge" find Proof?

At the investigation, did the "judge" obtain substantial evidence or proof that the employee was guilty as charged? It is not required that the evidence be conclusive or "beyond reasonable doubt," except where the alleged misconduct is of such criminal or reprehensible nature as to stigmatize the employee and seriously impair their chances for future employment.

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Are All Employees Being Treated Equally?

Has the company applied its rules, orders and penalties evenhandedly and without discrimination to all employees? If enforcement has been lax in the past, management can't suddenly reverse its course and begin cracking down without first warning employees of its intent.

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Is the Penalty Appropriate?

Was the degree of discipline reasonably related to: (a) the seriousness of the proven offense; and, (b) the record of the employee in his/her service with the company? If Employee A's past record is significantly better than Employee B's, the company may properly punish Employee A more lightly than Employee B for the same offense.

 

[EndOfStory]

Having a meeting next week at My Union Hall with the Companies Director of Labor Relations... Wasn't expecting it to be on my Turf lol My union rep told me his boss who is Field Director for all the Union Reps got into a Spat over my latest suspension with The Director of Labor Relations. I meant her once and she is i feisty Lady. Hopefully she can convince Him to reinstate me and this time Transfer me to another store. It was wrong to put me back into the same store after my last suspension. They even signed a letter stating i was gonna be transferred and went against there own word. Not very bright, legally speaking They also found out about pictures posted in the store i worked at with cut outs off Stealing Time and the verdict GUILTY. Well guilty was removed when i returned but the rest of it remained and still is up. Poor management to allow that to be displayed! And the Company had the nerve to say i caused a Hostile work environment. Seems to me that i was the one who was being mistreated, but being the big boy i was i didn't run to the manager to report it, even though he was aware of it being there. I figured it may come in handy one day, didn't think it would be so quick though. Lol Well to those who choose to not stand up for your rights, I'd say you have nothing to lose and everything to gain. Principle becomes everything at some point and its sad. Judge you are right they hate to lose and am not saying that i've Won anything YET, but i feel i had every right to enforce my Weingarten Rights because of the past history with the Supervisor who wanted to "talk" with me. I only hope they leave me alone and let it become a job and not a war. Thanks Judge and i will let you know the outcome next week

..............Bless Those Who Deserve it..............

 

[army judge]

Having a meeting next week at My Union Hall with the Companies Director of Labor Relations... Wasn't expecting it to be on my Turf lol My union rep told me his boss who is Field Director for all the Union Reps got into a Spat over my latest suspension with The Director of Labor Relations. I meant her once and she is i feisty Lady. Hopefully she can convince Him to reinstate me and this time Transfer me to another store. It was wrong to put me back into the same store after my last suspension. They even signed a letter stating i was gonna be transferred and went against there own word. Not very bright, legally speaking They also found out about pictures posted in the store i worked at with cut outs off Stealing Time and the verdict GUILTY. Well guilty was removed when i returned but the rest of it remained and still is up. Poor management to allow that to be displayed! And the Company had the nerve to say i caused a Hostile work environment. Seems to me that i was the one who was being mistreated, but being the big boy i was i didn't run to the manager to report it, even though he was aware of it being there. I figured it may come in handy one day, didn't think it would be so quick though. Lol Well to those who choose to not stand up for your rights, I'd say you have nothing to lose and everything to gain. Principle becomes everything at some point and its sad. Judge you are right they hate to lose and am not saying that i've Won anything YET, but i feel i had every right to enforce my Weingarten Rights because of the past history with the Supervisor who wanted to "talk" with me. I only hope they leave me alone and let it become a job and not a war. Thanks Judge and i will let you know the outcome next week

..............Bless Those Who Deserve it..............

As I usually say, hang tough, wait on the Lord.

All in His time will be revealed.