cash handling procedures/firing Iowa Maine Maryland Massachusetts Michigan

[silvercharm72]

My boyfriend works for a food service management co. The GM is systematically firing cash handling waitstaff for shortages in their drawers. They are represented by a union. A grievance has been filed stating failure to recognize and utilize industry cash handling standards utilized by other companies. There is documented evidence of computer errors, there is no coroberation in cash counting, no cash detail available to the waitstaff. As of yet the union has not granted a meeting regarding these issues and has not backed fired employees. My boyfriend is on his final written warning. Is there any thing that he can do to prevent being fired? There are many more details that I can outline if needed.

[cbg]

His only recourse is going to be through his union. There is nothing whatsoever illegal about firing employees for shortages - in fact, if an employee who has multiple shortages that would seem a reasonable response.

[silvercharm72]

I agree in general with serious offenders. However I am suspect of their procedures especially the proof of computer error and no coroberation in cash counting. However I will tell him to continue precedures with his union rep. Thanks

[cbg]

Even if they are out and out wrong, it is still not illegal to fire an employee for shortages.

[rjc]

"As of yet the union has not granted a meeting regarding these issues and has not backed fired employees."

Did you misstate this? Did you mean to say that the union has not yet been granted a meeting by management?

If the employees are covered by a CBA, then it is likely that they can only be disciplined and/or discharged for "just cause." Moreover, given that this is clearly an issue that would require progressive discipline, then management would have to demonstrate that they followed a uniform and reasonable form of progressive discipline.

If it is not too late, then your boyfriend should grieve his final warning in attempt to either get it removed or settled (ie lowered to some lesser discipline). The documented evidence you make reference to can be very helpful to your boyfriend's defense in any grievance proceeding.

[silvercharm72]

I may not be stating correctly - a petition requesting a meeting to review cash handling standards was generated and given to the union rep who then from what I understand is waiting for a reply from the union, but maybe it is possibly that the union is waiting for management to respond..... Also, with other union employees that have been fired and have filed a grievance with the union mentioning the proof of computer discrepancies, the union has backed maangement. I have not seen this proof , but apparantly there is evidence of like food orders totaling two different amounts....or if an order is split as happens often in the airport industry with travelers, once the order is split - the totals do not add up to the orginal order. There are receipts showing this. I have been in food service many years and think some of their procedures are iffy but I have never been in a union environment. I sure appreciate your responses! Thank you.

[rjc]

I am still confused by the info in your post.

Who filed/wrote the "petition requesting a meeting to review cash handling standards?" Has any employee, including your boyfriend, filed a grievance after being disciplined? If so, what if any conferences/hearing took place?

What do you mean the union "backed" management? The union is legally obligated to provide fair representation to its members, thus it makes no sense that the union would fail to pursue an issue such as the one you have described. Otherwise, it opens itself to charges of unfair labor practices.

When was your boyfriend issued his final warning? Did he file a grievance?

Answering any and all of these questions will help me understand this matter far better.