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vongrimmenstein said:
Read, understand, & implement 392.3 thru OSHA. It does work. A long haul, but worth the time. von.
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It’s not our B.A. ,he does a good job.Its what the IBT has picked to represent us in committee.Ive seen the OSHA language in grievances before and its probably time for an attorney like you mentioned.For anyone that this may help ,here is the 392.3 that von speaks of..Btw could you tell me a little more about the case ? Did it get deadlocked?Did OSHA get involved?

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 operatea 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 operatethe 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 drivermay continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

[ 35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]
 
Jeff said:
is this what you are looking for?
https://d3n8a8pro7vhmx.cloudfront.net/teamstersforademocraticunion/pages/8232/attachments/original/1434374101/YRC%25202014%2520New%2520Absenteeism%2520Policy%5Bsmallpdf.com%5D.pdf?1434374101
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That is amazing,thank you.We had a guy that hasn’t missed a day in 6 months but was late 4 times in 6 months and got suspended.With our work rules he could have just not came to work on that last late and he wouldn’t have been suspended.What is sad is that sometimes we leave 15 or more city loads sitting in the yard either because we don’t have enough equipment
or manpower.Instead of being late and going into progression people choose to go to minute clinic and get doctors excuse.Seems asinine to me.
Thank you again.
 
troubleman84 said:
I thought failure to protect bid only applies if you don’t show or didn’t have hours to start bid , but within discipline classification of its own as far as progression?
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I was going to P.M. you last night and see if they were doing same thing with tardies in Spartanburg but worked 13 and1/2 hours.
If you show up for work and don't finish your 8 hours you have not protected your bid but you sure as he'll weren't absent if you clocked in.Stewart told me they are counting it as the same thing as an absence. That is b.s. and the union needs to jerk their ass in line.I understand we can get disciplined for not protecting our bid but it should be a separate progression .
 
Kennesaw Kid said:
Did you read Exhibit A of the MOU? Very last page.
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I will,2009 or 2014? I thought it was the same bill if goods.I don't believe they said they were changing it , just didn't give us the details of how they were going to handle it like 2009.It seems they are changing the rules as they go along and they wonder why so many people are on FMLA.
 
falconfan said:
It’s not our B.A. ,he does a good job.Its what the IBT has picked to represent us in committee.Ive seen the OSHA language in grievances before and its probably time for an attorney like you mentioned.For anyone that this may help ,here is the 392.3 that von speaks of..Btw could you tell me a little more about the case ? Did it get deadlocked?Did OSHA get involved?

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 operatea 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 operatethe 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 drivermay continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

[ 35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]
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I have known Paul Taylor for 25 years. The key to all these cases under the STA Act is the plaintiff needs as much evidence to make a winning case.. Recordings, copies of company generated paperwork to the driver. Posted messages on the bulletin board in the break room. The employee handbook. Anything by the company that explains their work rules. Used to be these cases rarely made it to an OSHA complaint. But when the Union @ the local level or JAC in Chicago won't support the rank & file when the law is on their side, then it is time to file. 7th Circuit court in Chicago has ruled that no one has been injured or has a case UNTIL they have been fined, lost wages for suspended days off, or any compensation. Then, you have the right to file. Usually a letter to Corporate from an attorney for the driver stating what the driver will do if penalized will put a stop to the actions by the company. Hope this helps. Paul is out of Minnesota, but can & does practice in all 50 states because under the STA Act for DOT it is all heard by a ALJ from the Department of Labor. Paul's web site http://www.truckersjusticecenter.com/
has some of his cases listed.The actual ruling from the ALJ's office explains in detail the complaint, the response by the company, & how & why the Judge ruled why he or she did. The most important thing is all the employees that come under the STA Act know & understand what works with the 392.3 rule. If they do, their understanding of this rule & how it works in the Judicial System might be of great value to them when they need it the most. Hope this helps. von.
 
Kennesaw Kid said:
Did you read Exhibit A of the MOU? Very last page.
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I read it K.K and they are not doing what the MOU states as far as changing employees habits.The deceleration is b.s,they might one slide if he has a flat tire or something but for the most part it is verbal, written, 1 day suspension and 3 day suspension even if there is perfect attendance for 3 months.What is bad K.K.is our union committee members are siding with the company and supposedly one even said there is no excuse for being late..evidently he hasn't spent much time in Atlanta.The Interstate was shut down coming from your area this morning at 5am...cattle truck turned over with cows inside.
 
falconfan said:
I was going to P.M. you last night and see if they were doing same thing with tardies in Spartanburg but worked 13 and1/2 hours.
If you show up for work and don't finish your 8 hours you have not protected your bid but you sure as he'll weren't absent if you clocked in.Stewart told me they are counting it as the same thing as an absence. That is b.s. and the union needs to jerk their ass in line.I understand we can get disciplined for not protecting our bid but it should be a separate progression .
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Ok, let us test this rule. 4 hours in to your shift a forklift runs over your foot breaking it. Or you fall off the dock & injure yourself. You did not finish your shift. Will they mark you absent? I doubt they will. Now you become sick right after eating you lunch. Or you have a panic attack with obvious signs something is not right. You go home or to immediate care. Even if you come back to work the next day with an excuse from the doctor, are you still set upon by management? These are things that the STA Act/DOT 392.3 rule cover. And why they have been put in to effect. To protect the driver. 10 years ago we had a dock worker ride his tow motor right off the dock. He finished his shift suffering from chest pains. He refused to go to the clinic. He would have been paid for his full shift either way. For 10 days he complained about the injury to his chest. Our supervisor on duty accepted his decision to continue work, even after suggesting he get himself checked out. The mistake was not forcing him to go by giving him a direct order. He had his bell rung pretty good. This happened @ ABF which is a Union outfit. Maybe being union makes a diff in how companies respond to workplace injuries. Just saying. von.
 
Crap happens. Every once in awhile we may be late to work due to circumstances beyond our control. So, we take the minor discipline and know that it is very unlikely to progress before the clock resets. Someone who is late once a month or so, perpetually, just doesn't care much about being punctual. Grow up and be responsible.
 
EX396 said:
Crap happens. Every once in awhile we may be late to work due to circumstances beyond our control. So, we take the minor discipline and know that it is very unlikely to progress before the clock resets. Someone who is late once a month or so, perpetually, just doesn't care much about being punctual. Grow up and be responsible.
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I hope you aren’t a steward or B.A. You know L.A. traffic.You are right crap happens.If a man lives 50 miles from terminal on any given shift in Atlanta you are likely to see an accident a couple times a week.A man can plan for that but when Interstate shuts down for 40 minutes it’s kinda hard to plan for that. If you have a rollover in January,and perhaps an hour delay for construction in May and perhaps another bad accident in May and terminal manager gives you a break on that one your next late is a suspension.Lets say in June before your 6 months from January is up the d.o.t. decides to set up more road construction on your commute a man is now suspended.Now if he is late again in the next 6 months he could get a 3 day.You have no clue as to what goes on in a mans life,what if a mans wife didn’t come home on time and there are children at home or someone is going through a divorce and working 14 hours a day and simply overslept.We aren’t talking about someone that comes through the gate sideways and clocks in within a minute of start time daily.I don’t believe the non union lines (according to the ones I talk to) would treat their employees in such a manner.All this policy is doing is making people turn around and go to the doctor to save their asses.Then the company leaves another trailer sitting in yard not getting serviced.Real good for the customers.
 
falconfan said:
I read it K.K and they are not doing what the MOU states as far as changing employees habits.The deceleration is b.s,they might one slide if he has a flat tire or something but for the most part it is verbal, written, 1 day suspension and 3 day suspension even if there is perfect attendance for 3 months.What is bad K.K.is our union committee members are siding with the company and supposedly one even said there is no excuse for being late..evidently he hasn't spent much time in Atlanta.The Interstate was shut down coming from your area this morning at 5am...cattle truck turned over with cows inside.
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Union Committee members siding with the company, say it ain't so. I thought we were paying dues to the Teamsters, must be the other way around. Teamster representation is non existent.
 
falconfan said:
I hope you aren’t a steward or B.A. You know L.A. traffic.You are right crap happens.If a man lives 50 miles from terminal on any given shift in Atlanta you are likely to see an accident a couple times a week.A man can plan for that but when Interstate shuts down for 40 minutes it’s kinda hard to plan for that. If you have a rollover in January,and perhaps an hour delay for construction in May and perhaps another bad accident in May and terminal manager gives you a break on that one your next late is a suspension.Lets say in June before your 6 months from January is up the d.o.t. decides to set up more road construction on your commute a man is now suspended.Now if he is late again in the next 6 months he could get a 3 day.You have no clue as to what goes on in a mans life,what if a mans wife didn’t come home on time and there are children at home or someone is going through a divorce and working 14 hours a day and simply overslept.We aren’t talking about someone that comes through the gate sideways and clocks in within a minute of start time daily.I don’t believe the non union lines (according to the ones I talk to) would treat their employees in such a manner.All this policy is doing is making people turn around and go to the doctor to save their asses.Then the company leaves another trailer sitting in yard not getting serviced.Real good for the customers.
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Far from it, look at his history....
 
GO40 said:
Far from it, look at his history....
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EX396 I believe works at FedEx Freight. I could be wrong. If so he makes what should be our Union scale. Yes he doesn't get free health care or our pension, but neither do we. Every Teamster needs to call the international and ask why. It's been almost 10 years.
2019 is gonna be the screw job to end all screw jobs from our fearless leaders.
 
Jeff said:
is this what you are looking for?
https://d3n8a8pro7vhmx.cloudfront.net/teamstersforademocraticunion/pages/8232/attachments/original/1434374101/YRC%25202014%2520New%2520Absenteeism%2520Policy%5Bsmallpdf.com%5D.pdf?1434374101
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Is there any way you can make the links Triplex posted on post # 10 come back .The letter to the managers on how to enforce discipline is a thread you started for us but on my end it just says
 
falconfan said:
Is there any way you can make the links Triplex posted on post # 10 come back .The letter to the managers on how to enforce discipline is a thread you started for us but on my end it just says
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image was posted from a remote site so there is no way I can get it back
 
if you can give me the name of it and an approximate date I may be able to find something sent to me
 
lexmark said:
I remember either Welch or one of the VPs telling us during a meeting before vote that a employee needs to show a pattern or be habitual on tardies and absences before progression starts. I think it was even put in a memo from corporate.
I was late a few months back for first time in probably 10 years and argued that being tardy 1 time in 10 years does not constitute a pattern or being habitual. Told him the VP said the policy was set up for employees that call off on Monday or Fridays 3, 4 times every 2 months to make a long weekend. He threw verbal letter in trash and it never went in my file.
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