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Holland | Driver fired in A-town

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rrider1971

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A driver was fired in A-town Fri, 12/14/07, the driver refused to drive pass his 14th hour. Has happened at any other terminal in Holland or any trucking company? Besides the obvious, filing a greivance, are there any other avenues available to persue? Driver had chacked w/ State Police prior to stopping the truck, and making company retreive truck and himself back to terminal but was still fired anyway! Would appr. any help from my fellow Teamsters.:3dflagsdotcom_usa_2
 
I don't know of anything he can do without filing the grievance. His Business Agent should step in and put an end to this bulls#@*. By this happening on a Friday the Business Agent won't be able to deal with it until Monday. Personally I see no grounds for the driver to be fired. Keep us posted.
 
The driver is 100% correct.He cannot drive past the 14th hour,if he was to have a wreck and hurt someone ,it would be him who was in violation..I am sure he has plenty of recourse.First,the union then the labor board.I would think that the supervisor will have to do a whole lot of explaining over this,unless there is more to the story.If it is just the 14 hour thing I would bet he will have his job back monday AM
 
The only other part to the story is that the driver did breakdown, and had enough time to return to his term., but dispatch then forced(direct work order) him to make a off route delivery.
 
If he had 14 hours on the clock punch to punch then he is right. We are not allowed to work over 14 hours on the clock. Of course if I had to work 14 hours on any day I wouldn't work the next day, especially with people laid off.
 
rtm457 said:
If he had 14 hours on the clock punch to punch then he is right. We are not allowed to work over 14 hours on the clock. Of course if I had to work 14 hours on any day I wouldn't work the next day, especially with people laid off.
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You are not allowed to drive after 14 hours on the clock.
 
Is the great Shawn G. still the TM there? That sounds like something that he would do.
Have they ever tried to force the 16hr exemption rule on you guys? 395.3

I agree with crazy that the driver will have his job back by monday morning. Who would fire someone a week before Christmas just for following the rules?
 
rrider1971 said:
yes it was Shawn G. And he did try the 16 hr rule. I still wouldn't move the truck.
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It is my understanding that the Teamsters union contract does not recognize the 16 hr. exemption for city drivers... I would have done the same thing, pulled over & waited for a relief driver. I'm sure Jack H. will agree, safety first!!!
 
This has happened quite a bit at our terminal.

The driver can shut down and they will have to bring him back to the terminal. And they can't cover their bid for the next day so they try to get them to come in late for their bid but some just take the next day off.
 
rrider1971 said:
A driver was fired in A-town Fri, 12/14/07, the driver refused to drive pass his 14th hour. Has happened at any other terminal in Holland or any trucking company? Besides the obvious, filing a greivance, are there any other avenues available to persue? Driver had chacked w/ State Police prior to stopping the truck, and making company retreive truck and himself back to terminal but was still fired anyway! Would appr. any help from my fellow Teamsters.:3dflagsdotcom_usa_2
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Truth is they can fire you for going to the restroom if they want to. You'll get your job back with back pay but they think that you'll be afraid to do anything else after that because you might get fired or written up so you'll be a better employee. And the rest of the terminal will do as they say or risk having to go through the hassle of getting their jobs back too. If he was out of hours to drive then he is fine. This same thing happens every week in Louisville, one of the bosses takes somebody with hours out to drive the truck back and the driver thats out of hours rides back as a passenger and clocks out. One of our guys called President O'Sullivan and told him about our TM holding our hams hostage and the next day the TM threatened to fire him for it, LOL.
 
Guys, it is Federal Law that you cannot drive past 14 hours. No matter what. You can work past 14 if you are on the dock but you absolutely cannot drive past 14 hours. No ands, ifs ,or buts...... He will get his job back with back pay....
 
rrider1971 said:
A driver was fired in A-town Fri, 12/14/07, the driver refused to drive pass his 14th hour. Has happened at any other terminal in Holland or any trucking company? Besides the obvious, filing a greivance, are there any other avenues available to persue? Driver had chacked w/ State Police prior to stopping the truck, and making company retreive truck and himself back to terminal but was still fired anyway! Would appr. any help from my fellow Teamsters.:3dflagsdotcom_usa_2
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What was the reason on the discharge letter?

They cannot fire you for obeying the law.

Contact the business agent immediately, and have a grievance filed. There is a short period of time to do this, depending on your supplement, as little as ten days. Be sure to include the State Police as witness.

Be sure to WRITE DOWN the events prior to the event of being terminated. Dont trust your memory, because there might be a tidbit of information that could make an enormous difference in the outcome of the grievance.

There is also JAC decisions on this subject. The business agent can help with this information.
 
From personal experience, first you have to let the union run it's coarse. After that you can then call th NLRB as you will fall under the "Whistle Blower" law. I'll take wagers that it never goes that far. To bad they don't deduct the settlements from the dumb-arse TM's that come up with this crap. It would put a quick end to this foolishness,:1036316054:
 
Just a little more on this issue I have a meeting set up for Monday @8am with the T.M., Jack H., My B.A., and Shop Steward. Comp told B.A. they are standing behind their firing
More to follow
 
Boilerpeddle said:
This has happened quite a bit at our terminal.

The driver can shut down and they will have to bring him back to the terminal. And they can't cover their bid for the next day so they try to get them to come in late for their bid but some just take the next day off.
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I wouldn't come in either but for those that do choose to come in after they have had their 10 hours off there is an advantage. They get paid from their bid start time no matter what time them came in.
 
christopher3573 said:
Guys, it is Federal Law that you cannot drive past 14 hours. No matter what. You can work past 14 if you are on the dock but you absolutely cannot drive past 14 hours. No ands, ifs ,or buts...... He will get his job back with back pay....
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christopher3753, there actually are a few ifs, ands and buts about this rule.

A driver can extend his hours to 16 once every 7 days for certain circumstances. I believe weather may be one of them and there are a few more.

To extend the run has to be one that could have been completed in 14 hours originally and the company cannot use it for something like making another pickup.
 
thats rite as long as the member benifits, that's all that matters. I only take off if it's a Friday. That is a matter of choice. Some guys take the day off, others see it as free money.
 
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