looking for advice

[Ruphus]

So the company I work for removed me from service this week. The machine I operate broke and caused about $100,000 in damages. I am probably the safest worker they have, and I thoroughly cover my a$$ daily by doing all the crap and paperwork most others do not do, but are required by the company. My union rep says the company is going to hold me out 30 days no pay, then have an investigation hearing to find my responsibility in the accident. I have none, nada, no responsibility for this accident. Something either broke on the machine or an inspector missed a defect during his last inspection. After the hearing the company has 20 additional days to come up with what they will do with me. Although I could prove my innocents, my rep says most likely I will get another 30 days off without pay or fired completely if I go to a hearing. Then the union appeals it to a 3rd party and most likely I get my job back but that might take 1-3 years, sometimes with back pay, sometimes without!! WTF! The company graciously offered me a waiver, accept blame and get 15 days without pay and no hearing and I'm back to work. I'm so f-ing pissed! How is this crap legal, it's obvious that they hold all the cards.

[mbrownn]

So the company I work for removed me from service this week. The machine I operate broke and caused about $100,000 in damages. I am probably the safest worker they have, and I thoroughly cover my a$$ daily by doing all the crap and paperwork most others do not do, but are required by the company. My union rep says the company is going to hold me out 30 days no pay, then have an investigation hearing to find my responsibility in the accident. I have none, nada, no responsibility for this accident. Something either broke on the machine or an inspector missed a defect during his last inspection. After the hearing the company has 20 additional days to come up with what they will do with me. Although I could prove my innocents, my rep says most likely I will get another 30 days off without pay or fired completely if I go to a hearing. Then the union appeals it to a 3rd party and most likely I get my job back but that might take 1-3 years, sometimes with back pay, sometimes without!! WTF! The company graciously offered me a waiver, accept blame and get 15 days without pay and no hearing and I'm back to work. I'm so f-ing pissed! How is this crap legal, it's obvious that they hold all the cards.

Sounds like the company have something to hide. Remember that it is common for local union officials to be in the back pocket of management in many ways, try talking to the head office of your union and see what they say.

Find out if the company does have something to hide, such as a legal requirement to do maintenance that they haven’t done. Was anyone in danger because of the incident? Does your company have an industrial relations department? If so speak directly to them and ask what you are accused of directly and in writing.

Is there a personal disagreement or dislike of you by an individual who is your superior? Do they have any justification for this?

Dont be confrontational at this point, just ask and also document what your questions are. ask the person you are talking to, to sign transcripts of the conversations. If they refuse, then document it. Just like they are investigating you, you investigate them. Be impartial and take advice from any legal people you can.

Do you have witnesses, if so get statements. Are your witnesses being intimidated by management? Document it.

In cases like this you are always at a major disadvantage without a good union.

I was a union official for several years and I won a number of cases against a government owned company. I wont be able to help you in your case because I have no idea of the laws and situation you are in. Nor am I allowed to represent you, but I can give a little advice on how to go about building a case and how to find people to help.

Hope this helps

[spacecase0]

I know what I would do,
first I would never admit to something that I did not do,
next I would go find work somewhere else while trying to prove them wrong and get my job back,
if they gave me my job back, then I would decide if the new job is better or not.
but from what you said, it sounds like nothing is worth working for people like that.
then again I tend to be hard core when dealing with evil (and have lost many jobs over it)

[Ruphus]

Thanks for the replies. I don't think my direct union rep is in the pocket, however I do think the guy over him might be, because he works solely for the union while his twin brother will be the one fighting to fire me on the company side. My rep is preparing me for the worst, I am heavy into the union, so my boss and his boss all would love to fire me as I am both an asset and and a$$hole in their eyes. I fight for my rights and protect our working agreement, management hates it. I really want to go to the hearing and tell them what I think about it all, but getting fired would be bad, regardless that I most likely will be reinstated later. $28 an hour is hard to find anywhere right now, and although I have tried to live modestly, I don't think I could afford my home for less than $15/hr. The company (mainly my stupervisor) is definitely trying to get this off of him as he is responsible for the inspections and there was a defect there that he is saying was a result of the incident not the cause.

[mbrownn]

Thanks for the replies. I don't think my direct union rep is in the pocket, however I do think the guy over him might be, because he works solely for the union while his twin brother will be the one fighting to fire me on the company side. My rep is preparing me for the worst, I am heavy into the union, so my boss and his boss all would love to fire me as I am both an asset and and a$$hole in their eyes. I fight for my rights and protect our working agreement, management hates it. I really want to go to the hearing and tell them what I think about it all, but getting fired would be bad, regardless that I most likely will be reinstated later. $28 an hour is hard to find anywhere right now, and although I have tried to live modestly, I don't think I could afford my home for less than $15/hr. The company (mainly my stupervisor) is definitely trying to get this off of him as he is responsible for the inspections and there was a defect there that he is saying was a result of the incident not the cause.

The conflict of interest will make it difficult for you to defend through the normal channels, maybe you should consider an attack instead of defence. Ask about constructive dismissal, also look if there is a way to sue either individuals or the company. Placing the people involved in the position of the accused often causes them to rethink. To take this course of action may be expensive, talk to an attorney. The mere threat of such action may cause them to reconsider, or it may strengthen their resolve. Either way, I would be looking for another job.