Days off W/O pay?

Discussion in 'ABF Freight System' started by Trucker 206, Apr 27, 2017.

  1. Trucker 206

    Trucker 206 Well-Known Member

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    Is anybody allowed to take days off WITHOUT pay...even if you have sick time, personal time, or vacation time that you haven't used yet?
     
  2. ABFer

    ABFer Super Moderator Staff Member

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    I can recall being given day(s) without pay upon request but can't specifically remember when. Are you aware that you can no call/no show for a day or two (it used to be two, not sure what it is now) and all you get is a letter? That'll get you your day with no pay.
     
  3. vongrimmenstein

    vongrimmenstein Well-Known Member

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    Yes you can take a day off. But, learn how to play the I won't be in today game. FMLA, sick days, (don't show a pattern of being off every Friday or Monday for that extended weekend), learn 392.3 understand 392.3. Here are some cases where drivers got their job back attorneys fees paid & other compensation. Yes, it can be boring reading, but boring will help you understand the law & how it is applied. If you mark off without a doctors excuse, it would behove you to know the law. Tread carefully. von.

    http://www.truckersjusticecenter.com/significant-cases/
     
  4. Homesick

    Homesick Active Member

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    I take days off without pay by simply calling in sick and then not turning in for sickday pay. With this contract I try not to use any paid sickdays until after July 1 (my sickdays are worth more in the second half of the year). I don't abuse the sickboard but I don't worry about warning letters either.
     
  5. canaryinthemine

    canaryinthemine Retirement....The Job I Was Born To Have!

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    When this contract first ratified, and within 6 months, they realized they had screwed up with the vacation pay being unilaterally cut,.....especially for new-hires, AB F upper management approached the Union and had asked for a weeks vacation for first year employees only, and the ability for new-hires to take "courtesy/convenience" days off without pay or penalty.

    Amazingly, the Union said that must be applied unilaterally for them to accept that........ in other words, senior guys get to take "CC" days off too,...... unpaid and with no penalty, discipline, or warning letter.

    Horrified by the potential ramifications of that, the company withdrew their proposal.
    And that's where it stands today.

    In our terminal, we made it very clear that if you give a new-hire an unpaid day off with no penalty in his first couple years of employment,......... well then every employee from the top on down will then take an unpaid day whenever he felt like it.

    OR.......... you could change the contract back and restore the vacation schedule and pro rate vacations for first year employees.

    Fat chance they were going to do that, right?

    It may seem harsh, but we weren't going to allow the company to make special provisions for new-hires that older employees couldn't have.
     
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  6. ABFer

    ABFer Super Moderator Staff Member

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    I'm going to guess that your a road driver, city doesn't work quite that easy. And there aren't as many of us at the EOL's so we don't get lost in the mix like you can if you're one road man amongst 100 or more.
     
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  7. troubleman84

    troubleman84 Well-Known Member

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    Seems like union had a change of heart on this new divided pay progression at YRCW
     
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  8. SAC75

    SAC75 Well-Known Member

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    Ya, city guys at our terminal can't do that. I'm at an end of line terminal myself. They would recieve a letter before they even took the day off here.
     
  9. canaryinthemine

    canaryinthemine Retirement....The Job I Was Born To Have!

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    Yessir......New "leadership" ........ same flailing and foundering tactics.....

    Do they lobotomize all newly appointed freight directors..........or is there a lot of lead in the water in Washington D.C?
     
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  10. LTLAnonymous

    LTLAnonymous Active Member

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    Find a sympathetic medical professional. Fatigue is a real thing.
     
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  11. Homesick

    Homesick Active Member

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    Correct, I am a road driver. And I worked 260 days last year. Those are days I came to work, put my butt in an ABF truck and drove off the yard. I took my 3 weeks vacation and sold 2 sick days back to the company. I could of used the sick-pay on a couple of non-paid days off but I wanted to hold all my sick-pay days until after July 1. Like most road drivers we are on a 6 day work week and, I believe, that is why we don't get as much hassle when we take off with non-paid days. Road drivers work more days than most city drivers and taking non-paid time off is one of the ways we are compensated for it. And I work at a Break-Bulk terminal so that helps to.
     
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  12. ragpicker

    ragpicker New Member

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    we book off sick and terminal manager automatically puts you in for a paid sick day wether you want it or not. When sick days are all used up then you start to get letters every time you book off. I was told that there is not an option to not use a sick day. you book off and you have sick days available they make you use it.
     
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  13. ragpicker

    ragpicker New Member

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    What is 392.3? I can't find it
     
  14. vongrimmenstein

    vongrimmenstein Well-Known Member

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    DOT regulation. Found in the little book they give you when you hire on. You can buy one @ a truck stop for around 10 bucks. The book & this specific rule number is a very powerful tool for the driver. Like I said, read it, understand it, & apply it. von.
     
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  15. vongrimmenstein

    vongrimmenstein Well-Known Member

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    For instance, the 7th Circuit Court of Appeals in Chicago has ruled you have no course of action for relief until you have lost wages or comp time under rule 392.3. But I am of firm belief that the IBT in the Regional Committee would throw out the letter & you would win your case before you had to file in court. I know Local 135 Officers paid the TM in Indy (050) a visit when he refused to accept a doctors excuse. They nipped that one in the bud before it went to regional. If you take off every Friday with a doctors excuse, you have created a pattern that will lose your case. Like I said , learn it, understand it, & apply it. The rule book can be your best friend. von.
     
  16. LTLAnonymous

    LTLAnonymous Active Member

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    Well, I have a pretty good guess which terminal you work out of. 034 is the only terminal I know of that ever did this.
     
  17. NextGen Teamstr

    NextGen Teamstr New Member

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    I am a city driver, but I DON'T work at 034. My managers do the exact same thing. If you miss work, and you have sick days available, they force you to use a days' sick pay.
     
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  18. vongrimmenstein

    vongrimmenstein Well-Known Member

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    I would file on it. If you are not sick, but have to take off then you should not have to burn one. Maybe, if you or someone in the family has a medical condition you can apply for FMLA, get it approved by a doctor & use it when you need it. I believe if the reason is for someone else in the family, it is easier to take the day or days off needed. Check out FMLA, ask around of people who use it. If you can apply, & get approval, it will go a long way in less hassle from the boss & ABF KNOWS not to mess with FMLA. For if they do, it can come back & bite them in the ass. Learn & understand the DOT rules, & FMLA Law & a lot of your problems with Letters of Discipline will go away. Below is a link to some legal cases that drivers won. Most deal with bad equipment & marking off sick. Worth your time. von.

    http://www.truckersjusticecenter.com/significant-cases/
     
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  19. DCM_Doc

    DCM_Doc Well-Known Member

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    I remember a while back a lower level management type tried to force a doctor to disclose an employee's illness. He learned an lesson about the privacy act. The doctor wasn't playing games when he contacted the medical board & they in turn contacted the company.
     
  20. vongrimmenstein

    vongrimmenstein Well-Known Member

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    Would liked to have been the fly on the wall during that conversation. von.
     
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