We just had a city driver get fired on friday. He was on his 8th hour and dispatch set him a pick-up on the rdd system as he entered the yard. He went into the office, punched out and refused to go get the pick-up. They fired him on the spot. He does not work that much overtime through-out the week and refuses to do it on friday cause they don't give him OT during the week. I know if you are on a peddle run you are obligated to work 10. Does this guy have a chance to beat this? Just looking for some of you guy's past experiences. One major thing is this guy and management have never gotten along. Management also expressed that the union was backing them more these days on offenses such as this. Please send what you know as facts. Thanks.......
Yellow | Fired on Friday
- Thread starter chris
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did he say he just flat out refuse to go?christopher3573 said:
if so he'll be looking for a job unless his BA can get him off as a favor as you stated that he & management do not get along
the only real chance he may have in my opinion is if he claimed he was sick and couldn't go for that reason, in that case it would not be a flat out job refusal but may possibly fall under the FMCSR protected activity rules
i wish him luck either way
Double Nickle
Living from direct deposit to direct deposit.
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christopher3573 said:
Sounds like a SAIA setup to me. They are the king of setups.
Not throwing off on his local or BA or anything but if he gets his job back it will be because the company gave it back. And as long as they are not hard core about it. At least that would be the case here where I work. Because there is nothign in our supplement to help him. Here in Winston-Salem there was a driver (local) that came in from his first run and told them he was out of hours and punched out and went home. The Company later fired him because he had the hours to work. He got his job back due to our great BA and Shop Steward and some credit to the company for not being to hard core on him. I really would not want to be in his shoes now. If the company dont back off it is gonna be a real real hard road for him.....christopher3573 said:
You NEVER!!!!!..NEVER!!! refuse to do something the company says to do unless it is unsafe,illegal,or immoral.....At least that is what I go by..........Do it then file a grievance......
PS Christopher3573 I see where your location is NC.... What is the term code where this happened? If you will tell....
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Toxic's
I don't think he has much going for him , it is a refusal of work and he flat out refused. If he would of said he was ill or could not possably go back out I'm thinking he would of been ok . But he refused flat out and I'll bet there were a few other words involved . I wish the man luck , how do you tell the wife and kids that story ?
I don't think he has much going for him , it is a refusal of work and he flat out refused. If he would of said he was ill or could not possably go back out I'm thinking he would of been ok . But he refused flat out and I'll bet there were a few other words involved . I wish the man luck , how do you tell the wife and kids that story ?
On his last RDD message did he put in that he was returning to the yd?
He could argue that he had alerted dispatch of his intention of going home when he entered that last message while still on the road and that because of this the dispatcher should of at least had the decency to ask him if he would stay out for one more if it can be proven that there were no other drivers who could have gotten that pick up.
He could argue that he had alerted dispatch of his intention of going home when he entered that last message while still on the road and that because of this the dispatcher should of at least had the decency to ask him if he would stay out for one more if it can be proven that there were no other drivers who could have gotten that pick up.
screwy louiey
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When Ernesto speaks, people listen
I don't know the Carolina supplement but the VA supplement is closely related and if that brother did not let the dispatcher know b/4 he hit the clock he needed to be off on his 8 then they can hold him for 10. I read something about RDD so I take it he is a city guy.
By refusing a work order is not good but if he had already hhit the yard then gets hit with a message on the RDD it would be a debatable and I would file a grievance on the art 45 as unjust and be made whole again.
I read something about OT, nothing in our contract guarantees OT but if your on a bid your obligated to give them 40 but the way freight is now here I wish I could get off on my 8's a day or two during the week.
I'm out of 657 Chris and if the weather conditions were anything like they were last friday from that Ernesto storm here I would make a case of it being unsafe out there with flooding down power lines ect.. ect... and he had to get to house to make sure things were OK. See where I am going with this but thats me and maybe someone else might have a different scenerio.
Hit me on PM if you want
I don't know the Carolina supplement but the VA supplement is closely related and if that brother did not let the dispatcher know b/4 he hit the clock he needed to be off on his 8 then they can hold him for 10. I read something about RDD so I take it he is a city guy.
By refusing a work order is not good but if he had already hhit the yard then gets hit with a message on the RDD it would be a debatable and I would file a grievance on the art 45 as unjust and be made whole again.
I read something about OT, nothing in our contract guarantees OT but if your on a bid your obligated to give them 40 but the way freight is now here I wish I could get off on my 8's a day or two during the week.
I'm out of 657 Chris and if the weather conditions were anything like they were last friday from that Ernesto storm here I would make a case of it being unsafe out there with flooding down power lines ect.. ect... and he had to get to house to make sure things were OK. See where I am going with this but thats me and maybe someone else might have a different scenerio.
Hit me on PM if you want
I hate to say it but this guy created his own problem. Sounds to me like he had been around for awhile and was aware of the rules concerning refusing work. Like the previous post mention , he should of came up sick. At his dismissal hearing the only thing his agent and steward can do is stress his excellent work record and positive attitude. The rest is up to the mood his labor rep is in.
jimmyjoe (jj)
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Do they not have a 10 minute cooling off period in the Carolina's? I know in the South in a situation like this you are given a 10 minute cooling off period!
At 313 (Milw.) if you are on P&D they can force you back out on your 8.
If you tell them at the time you are going home sick then its only a letter, they can't fire you. It doesn't sound like he gave them any excuse for leaving other than he didn't want to work any OT.
Like the other fellas are saying, I believe his only hope is if the company is willing to take him back maybe with a little time off without pay.
Just remember guys, they look at us as replacable commodities. Hire someone else at 85% pay with no vacation time.
Saves them money in their eyes.
If you tell them at the time you are going home sick then its only a letter, they can't fire you. It doesn't sound like he gave them any excuse for leaving other than he didn't want to work any OT.
Like the other fellas are saying, I believe his only hope is if the company is willing to take him back maybe with a little time off without pay.
Just remember guys, they look at us as replacable commodities. Hire someone else at 85% pay with no vacation time.
Saves them money in their eyes.
screwy louiey
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Say Chris we don't know all the facts to this matter except what was explained. Eventhough it doesn't look good for him I wouldn't just be shoveling dirt on him yet. There are alot of characther & creditability issues that come into play.
As stated management & him bumped heads alot so we'll really never know as Paul Harvey would say "now thats the real story" but take it to panel cause it was not a cardinal sin so use the grievance machinery process and have his case well prepared.
Hopefully he won't be terminated except for some time on the street and the companys stance was to get him back in line and he gets his job back. I believe everyone is entitled to a bad day but the company can and will destroy your livelihood if you cross that line and did what are supposed to do.
Hate to see this happen to anyone and hopefully the company might softens it stance but gets their point across. Heck of a way to spend a three day weekend.:wounded1:
As stated management & him bumped heads alot so we'll really never know as Paul Harvey would say "now thats the real story" but take it to panel cause it was not a cardinal sin so use the grievance machinery process and have his case well prepared.
Hopefully he won't be terminated except for some time on the street and the companys stance was to get him back in line and he gets his job back. I believe everyone is entitled to a bad day but the company can and will destroy your livelihood if you cross that line and did what are supposed to do.
Hate to see this happen to anyone and hopefully the company might softens it stance but gets their point across. Heck of a way to spend a three day weekend.:wounded1:
Docksteward
Teamsters Local 71
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Hey Chris......There are several things going on here. If the company has labeled him as "trouble" and if some red flags have been thrown up about him......they could go, as Toxic said "hard core" on him. The question is do they want to send him a strong message or do they want his job. Job abandonment is serious, and RDWY and YRC take a hard stand on that. I would guess that the BA and the other freight BA's have talked this thing over, by now. We have the Bi State Chairman at the local also, this helps a bunch. I would like to say the guy has nothing to worry about.......but there are going to have to be some serious dialog between RDWY and 391 to settle this issue. DS.
imported_Top Freight
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I am not sure what the panel will do but I think that this guy should be looking for a new job.
He was dispatched to make a pick up. A customer could be lost to a competitor because this driver wouldn't work.
99% of the guys where I work would have taken care of the customer.
He was dispatched to make a pick up. A customer could be lost to a competitor because this driver wouldn't work.
99% of the guys where I work would have taken care of the customer.
JustPaul_1
CF, ROADWAY, YRC ????
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I know out here is S. California, we get the 10 min. cool down period. All this guy had to do was say he didn't feel good and he would of been OK. I hate say it but everyone should know this. The word fatiqued is a powerfull word in this industry. I know out here he would get his job back in about a week, But I know 63 is pretty strong in this area and not knowing your local, who knows. GOOD LUCK