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FedEx Freight | Point system is back

Crystal said:
I apologize in advance for butting in. But since NJ is not a RTW state are the SBR drivers actually at will employees?
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With out representation everyone is "at-will employee". Just easier for the company in a "right to work" state.

SBR is protected from frivolous firings... THEY ARE TEAMSTER STRONG!
 
Yes they are at-will employees, fedex can do as they please unless you are under contract, with a contract you can file with the labor board as harassment or unfair labor practices
Here is a link, it is more about termination but it is the same principal.
http://en.wikipedia.org/wiki/At-will_employment
Crystal said:
I apologize in advance for butting in. But since NJ is not a RTW state are the SBR drivers actually at will employees?
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I just learned a few things about being an at will employee. After reading this it's hard for me to understand why anyone would want to work without a contract. Especially since the RTW allows them the choice of being protected by a union contract without actually joining the union..

Being an at-will employee means that your employer can terminate your employment at any time, for any cause - with or without notice. An employer has every right to walk up to an at-will employee and say, "I don't like that your favorite color is purple. You're fired." There are very few, if any, remedies for you, unless your employer did something to violate your employee rights or broke labor laws. All states but one have adopted laws that protect the employer in an at-will setup. That is, the employer does not have to have good cause to terminate your employment. Most employers take advantage of this protection. Unless you signed some sort of employment contract that states you cannot be terminated without good cause, it is assumed that you are an at-will employee. Montana is the only state that protects employees from being terminated without good cause, as long as they fulfill a probationary employment period. Many times, an employer will come right out and say that you are an at-will employee. On the contrary, employees have won cases where their employers told them they could only be fired for good cause. Even statements as lighthearted as, "You'll always have a place here, as long as you keep up the great work," have been held to mean that the employer does NOT follow the at-will employment law. When statements like this are made, especially if made repeatedly, or were the reason you accepted the job, your employer may not be able to fire you at will. - See more at: At-Will Employee FAQ's - FindLaw
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At-Will Employee FAQ's - FindLaw
 
They can not punish or fire you for being sick. Know your rights, people.

§ 392.3: Ill or fatigued operator.

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.
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Regulations Section | Federal Motor Carrier Safety Administration
 
They are until covered by contract. RTW means you can reap the benefits of other people's work and investment with no investment of your own.
In other words, freeloaders.
 
Perhaps the company uses the point system to skirt the Federal Code. When the points reach the magical limit the company may then just release the "at-will" employee for no reason and still get away with. Maybe we need another thread for that?
 
I miss gate on a regular basis. The problem doesnt stem from my capability to hook a set. It stems from management only giving me 5 mins to do so. If this is indeed true. Will management be held liable for the missed gates as harshly as the drivers? I will not be forced to do a job in 5min D.O.T manadates to be completed in 30.
 
BIG10-4 said:
They can give you points for being out sick and when they add up they can fire you so know there rights!
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They can point you until the cows come home. If they fire you for calling in sick, and you can prove you are sick, you have rights. Years ago, a Wichita driver was fired for refusing dispatch. He had just completed his road run and was tired. FedEx fired him, but he won in the end.

Guardrail
 
droppingaduece said:
I miss gate times on a pretty regular basis, not because the freight is late, I'm usually sitting in the outbound bay getting something fixed because the previous driver didn't do a proper post trip. Still don't understand how a driver doing a post trip can miss a blowout with mudflap/tail lights missing, and nothing but sidewalls left of the tire. But I guess when he/she bumped tires there wasn't a problem.
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Now driver, you can't expect them to see everything. That tire probably blew out while sitting in the door, knocked the Microsoft off and broke the light. You know that happens all the time.
 
SwampRatt said:
2 points for sick, they can get away with, if system wide. Any points for missed gate times (alone) will run afoul with FMCSA regulations. You simply can't receive corrective action for missing gate times alone. Now, if you are observed not actively engaged in performing company and regulatory required duties, then you can receive corrective action, for that.

Not saying an overbearing supervisor or manager won't write you up, but it won't stick, and you can get it tossed out. :Rulz:
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Do you realize how many people will actually do a complete pre trip on both cab, trailers and dolly?. I wonder how DOT would react by the company "forcing" unsafe or out of compliance equipment out the gate into the public roadways.
 
Guardrail said:
They can point you until the cows come home. If they fire you for calling in sick, and you can prove you are sick, you have rights. Years ago, a Wichita driver was fired for refusing dispatch. He had just completed his road run and was tired. FedEx fired him, but he won in the end.

Guardrail
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WoW you should tell the guy that got fired for attendances points 2years ago do you work for Fedex?
 
NightStalker said:
I miss gate on a regular basis. The problem doesnt stem from my capability to hook a set. It stems from management only giving me 5 mins to do so. If this is indeed true. Will management be held liable for the missed gates as harshly as the drivers? I will not be forced to do a job in 5min D.O.T manadates to be completed in 30.
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Actually , DOT (FMCSA) does not mandate any time limit. Only mandate that is be done, and you're required to "log it like you did it", be it 10 min. or 45 min.
 
BIG10-4 said:
WoW you should tell the guy that got fired for attendances points 2years ago do you work for Fedex?
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Attendance points are different than if you really are sick. Like I said, if you are sick, and can prove it, they can not fire you without repercussions. I had this discussion with the (at the time) regional HR douche. He told me that no one has ever been fired for too many points for actually being sick. I doubted his claim, but knew what the regulations said. If "the guy" you refer to was actually sick enough times to get fired (I'm betting he was just calling off), he should have filed a Family medical leave form to get the time off. Everyone has a friend or knows a guy....
 
Maybe an anonymous call to OSHA about unsafety and rushed gate times would make marks which could be used to save jobs and prevent write-ups. Talk to your Teamster organizers about it and do as they suggest though.
 
The gate time points seems to go the opposite direction of these CSA points which all companies are worried about. Surely a call to somebody: company bigwigs, DOT or somebody should curb them on gate time points. Talk to your IBT guys about it.

https://xrscorp.com/csa-scores/
 
Guardrail said:
Attendance points are different than if you really are sick. Like I said, if you are sick, and can prove it, they can not fire you without repercussions. I had this discussion with the (at the time) regional HR douche. He told me that no one has ever been fired for too many points for actually being sick. I doubted his claim, but knew what the regulations said. If "the guy" you refer to was actually sick enough times to get fired (I'm betting he was just calling off), he should have filed a Family medical leave form to get the time off. Everyone has a friend or knows a guy....
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Do you work for Fedex? If you do Read The Handbook And Everyone knows HR or A Guy That Wil tell you what you want to Hear
 
BIG10-4 said:
Do you work for Fedex? If you do Read The Handbook And Everyone knows HR or A Guy That Wil tell you what you want to Hear
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Handbook? Handbook? You have a handbook? When did they start handing out handbooks again? We haven't heard anything or been given one. Is it only the terminals that have petitioned for a vote? Please tell us more.
 
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