Fired for missing work on mutual aid

[NJlineman55]

Anyone know of anyone that has missed work on a mutual aid assignment? What happen to the employee? Was he fired or just disciplined? Any info would be greatly appreciated since I have an arbitration case coming up on this matter. :o

[Im2cocky]

Letter got wrote by family member to editor in local paper.President paid for a gift to medic. :eek:

[graybeard]

You guys got some details on this? Are we talking work,vol fire dept what?

[NJlineman55]

I was definitly being an idiot for sure. I was in Houston after hours in a bar and was caught in a brawl and they rounded up everyone and threw them all in jail. I came clean about the whole thing, apologized, and had been with this company for over 7 years with no incidents and they still fired me. I definitly was wrong and not trying to act like I am an innocent victim, but people have done alot worse working for this company such as drinking and driving on the clock, being caught drinking at a bar on the clock, hit trucks in the yard while intoxicated, and they were all written up, suspended, or warned that any other incident will result in their termination, not fired. Just wondering if anyone knows someone that has been threw a similar situation working for a utility. I know if it was for a contractor that the union would try to get me in with another company. I know of one guy that was working for a contractor and was caught up in a similar situation and they fired him but when the mutual aid was over they gave him his job back.

[NJlineman55]

1st of all you have nothing in your profile that states where you work, where you are from or anything of that nature. Secondly, where is "there"?? I am assuming you know of my case. What does it matter that I put these things out there? So many guys have made mistakes in the past and have kept their jobs, and I get fired for the 1st incident I was ever involved in. Doesn't make what I did right but people make mistakes. Is there no disciple from these companies then termination? If I was smoking crack at work I would have 3 chances before they **** canned me. I simply asked is anyone knows of any brothers that were in the same situation I was in. Everything that happened was off the clock, and even though I was on a mutual aid assignment, I still believe that everything happened on my time, not on the companies. I don't believe that the details really matter beyond that point.

[Trampbag]

Are you union?

If so, what did your union official have to say when you filed a grievance?

If not, have you consulted a lawyer? If not, why not?

Precedent, such as how other individuals were treated is very pertinent? A company sets its policy by actions as well as words. Precedent is also considered strongly in a court of law.

If you are not sure, contact me at:


.

[Orgnizdlbr]

I was definitly being an idiot for sure. I was in Houston after hours in a bar and was caught in a brawl and they rounded up everyone and threw them all in jail. I came clean about the whole thing, apologized, and had been with this company for over 7 years with no incidents and they still fired me. I definitly was wrong and not trying to act like I am an innocent victim, but people have done alot worse working for this company such as drinking and driving on the clock, being caught drinking at a bar on the clock, hit trucks in the yard while intoxicated, and they were all written up, suspended, or warned that any other incident will result in their termination, not fired. Just wondering if anyone knows someone that has been threw a similar situation working for a utility. I know if it was for a contractor that the union would try to get me in with another company. I know of one guy that was working for a contractor and was caught up in a similar situation and they fired him but when the mutual aid was over they gave him his job back.

Hey NJ, I dont know of anyone fired for the same infraction. Is this a Utility co? If so, check the collective bargaining agreement, there me be a provision that speaks to a misdemeanor or felony conviction leading to immediate termination. I believe that the termination was not justified, I dont think the co followed any progressive discipline policy. What does the Union say? Check outside the CBA in company policies, may have violated one...I dont think so though, sounds like it should go to Arbitration to me...

[NJlineman55]

I worked for PSE&G and I am a member of Local 94. After we were sent home from Houston we were never suspended but the "investigation" took over a month and then one day they brought us in ealry and fired us on the spot. The union was notified and they immediatly pursued stopping the termination and when they deemed that not being possible, they set up a date for an arbitration hearing which is scheduled for July. The company is going threw a merger with Com Ed so the union has been having a hard time with the company bosses since they are all trying to play hard ass. The union was supposed to have a meeting with the company about bringing us back before arbitration but their relationship has soured so much, they are not really speaking or negotiating anything and they are at the point where everything is going to an arbitrator to deceide.

I have not met with the union lawyer yet ( I was told we would meet a month before the arbitration) so I really haven't had any legal advice yet. The union never said anything about anyone getting charged with a misdeamenor or felony and getting immediatly fired and I do not believe there is anything in the collective bargaining agreement that states anything about this situation. I know of other guys that have been convicted of misdeamenors and were never fired so I don't think that wil come into play.

Thats basically the sum of it all. If I had any written warnings or letters in my file for bad behaviour, then I could see them justifying the discharge but like I said I had a clean record for over 7 years. It is frustrating because you know you made a mistake, would have taken my punishment and learned my lesson but they never gave me that oppurtunity.

P.S. I said we because there was two of us that discharged together.

[Orgnizdlbr]

NJ, check your PM'S

[NJlineman55]

all of that is fine and it is pretty obvious that you know me and the other guy, or you are one of those gossips that hear everything second hand and assume. Do me a favor and state who you are whether it be private message or on this posting. And no one said you know nothing. The only reason I even started this post was to get see if anyone knew of anyone else that has been involved in a similar case. thanks for the optimistic view by the way.

[NJlineman55]

I see that you are a troubleshooter at PSE&G so I wonder exactly who you are. Really nice how you take the company side and not back your union brother. I know you are perfect, right? Amazing how you already have it all figured out. I guess you would like to see me maybe get my job back on a final letter with no back pay. Thank again union brother for sticking with your fellow worker, appreciate it!! :rolleyes:

Oh yeah and I never said the merger had anyting to do with me making a mistake, simply stated that the union and company have not been getting along and the company bosses have been playing more of a hardass role since the merger was announced. You don't think that these guys want to show the company that they are tough guys and have no problem chopping heads?? Just ask Stan from Com Ed about how those guys are. They are notorious for being hard asses and trying to bust unions. Just do some research and look at how many grevenices the union has filed since their merger. Not a coincidence, fact!! :rolleyes:

[Orgnizdlbr]

yea its secondhand but its from people who work in that hq, give better details so we can form a better opinion of your chances.you dont say why you were arrested. what were the charges ,what happened will be important when the arbitrator gets the case, you may have been innocent but if you were arrested there arent to many companies who wouldnt fire ya.give some more details and we can rate your chances. were you convicted of any crime?

The question of whether an arbitrator will sustain a termination is predicated on fact. If there is a clause in the CBA that calls for discharge if an employee is convicted of a felony, then it becomes a tough case. If there is no such clause or explicit company policy the arbitrator will decide using other factors. The employees record will be introduced, if its a bad record, it will certainly hurt, conversely, if the record is clean or relatively clean with no major infractions, that bodes well for the employee. Arbitrators have long used the premise and precident of progressive discipline, was this the first infraction, what was the harm caused to the company, if the record is clean, again it bodes well for the grievant. I have no knowledge of this particular incident, only what I read here. It seems to me that there is a Prima Facia case for an unjust discharge. I know the reputation of 94's attorney, he and the firm he is at are one of the best in the state, as I said, all I know is what I read here and I like NJ's chances with an arbitrator. The notion of a written final is premature to say the least, an arbitrator may sustain a suspension but I think there will be some make whole provision in an award. The above statements, as I said, are with the facts presented in this thread, if there are other facts at hand, I may have a different opinion.

[Lizzy Borden]

Was there alcohol involved. Where you off duty for storm restoration and using a company vehicle to go back and forth to a bar? Did anyone get hurt?

It all comes down to public image and the bosses making a name for themselves in the new pecking order of a merger.

I know at our company you have to kill someone or embesell money to get fired.

Go to First Energy they will hire you and probably pay you a signing on bonus to boot.