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Need legal advice from you gamelivers

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Question #1: Are any of the other employees meeting the productivity standards?

Question #2: Has anyone else been terminated to date due to these standards?

Question #3: Have you been written up 6 times already?

Question #4: If it was known what the standards were prior to you or anyone else being terminated and these standards were unjust did you or anyone else file a grievance already?
 
Question #1: Are any of the other employees meeting the productivity standards?
about 20%, about 40% of the other employees who have tried to hit this goal have been injured. About 16 documented injury's in last 2 months. Shoulders,back, wrists etc...Breakage( amount of product broken), is up 40% in the last 2 months. IE people are breaking more shit trying to work faster and not attempting to clean it up because were getting threatened to be fired for working too slow.

Question #2: Has anyone else been terminated to date due to these standards?

3 individuals on the same day i was terminated. all 3 of us were recalled saying our termination was issues in error.

Question #3: Have you been written up 6 times already?
Yes in a 11 week period. so i hit the productivity number about 50% of the time.
Question #4: If it was known what the standards were prior to you or anyone else being terminated and these standards were unjust did you or anyone else file a grievance already?

We were verbally told many times what the number was we were suppose to hit. We never signed anything stating we had to hit this number nor is it in our union contract, nor is it a company policy. Was never agreed upon with our union or made as a side agreement into the contract.

Multiple grievances have been filed. A grievance takes about 10 weeks to win. The company continues with the discipline process regardless of the grievances. The company is trying to use our union contract against us but according to the information i gave my lawyer he said it is too vague of a reason as to why we were terminated/wrote up and suggest my union go directly to the labor board on this.

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To expand as why we were written up this is what Pepsi has said/done.

They want individuals to Pick 300 cases a hour. Which equates to building 15 pallets a hour( assuming 20 cases on each pallet, shrink wrapping and loading this pallet on a truck). provided we have 600 different items in that warehouse, and a lot of travel time.

Since this is not in our union contract when they write us up they cant write us up for not picking 300 cases per hour. They write us up for "inadequate work performance". They validate this by using there managers rights in the union contract to set goals. They then also say that i feel this employee isn't giving me " a fair days work for a fair days pay". Lawyer basically told me this premiss is ludacris and would not stand in court. If they cant link productivity to a number their is no case. And since it is not in your contract it is unlawful for them to fire you for it since your employment is based upon your union contract.