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California FedEx Freight Drivers Move to Cut Ties With Teamsters

https://news.bloomberglaw.com/daily...eight-drivers-move-to-cut-ties-with-teamsters

"Workers at a Stockton, Calif., plant filed the decertification petition with the National Labor Relations Board on April 4, according to NLRB case records. No vote has yet been scheduled."

* UPDATE: A vote has, in fact, been scheduled:

DATE, TIME AND PLACE OF ELECTION
Thursday
April 25, 2019
5:00 p.m. to 10:00 p.m. The Employer's premises
Off duty room/ break room
4520 S. Highway 99 Frontage Road
Stockton, CA

Friday
April 26, 2019
5:00 a.m. to 10:00 a.m. The Employer's premises
Off duty room/ break room
4520 S. Highway 99 Frontage Road
Stockton, CA

https://www.nlrb.gov/case/32-RD-239045
 
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South Whittier,CA(TMZ)
CBS Television announces that an episode of the popular show, Survivor, will be filmed at the Capriotti’s location, on Carmenita Rd.
Production manager, Jugdish Patel said the show will feature reality star’s, Big Dave, and Big Rear K.
Taping is expected to start soon, so it can be used as a season ending cliffhanger episode. Sources close to the show hinted that the finale involves a golden Hat,Hop Sing from the Bonanza television series,and sandwiches 15 feet long..



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SwampRatt said:
Wow, CF. Mark the calendar. This might be the first time you are completely mistaken. Perhaps Canadian law is different? :scratchhead:

1) The Law now makes NO distinction between laden & unladen.

2) Company policy can and does supersede regulations in terms of being more strict. Phone use policy, city driver lunch, for example, as well as the personal conveyance policy. There are more.

3) There are several scenarios where Personal Conveyance option could be used by a city or road driver. Going to the bank, moving the truck, shopping, post office, etc., and/or lunch can all be done during the required off duty period.

4) It's a great feature that the Law allows for. FedEx say unladen only, presumably to prevent abuse - almost certain to occur.

You may have missed this topic being covered back in June 2018.
https://www.truckingboards.com/bb/threads/fmcsa-guidance-on-personal-conveyance-off-duty.86123/

More here:
Personal Conveyance: Frequently Asked Questions
https://www.fmcsa.dot.gov/regulations/hours-service/personal-conveyance-frequently-asked-questions-0

Then there is this:
ACTION: Notice of regulatory guidance (Issued on: May 31, 2018)

https://www.fmcsa.dot.gov/sites/fmc...v-personal-conveyance-regulatory-guidance.pdf

"In changing the guidance, the Agency focused on the reason the driver is operating a CMV while off-duty, without regard to whether the CMV is laden."

"Personal conveyance is an off-duty status. Therefore, there are no impacts to the 11- or 14-hour limitations for truck drivers, the 10- or 15-hour limitations for bus drivers, the 60/70-hour limitations, the 34-hour restart provisions, or any other on-duty status."

Hope all this helps... Should be a benefit worth knowing.
Click to expand...
I was speaking in purely the broadest terms, as that's how the law operates (so that it is open to the interpretation of an enforcement officer as to what is and is not punishable) and in regards to policy not being permitted to interfere with the law. This is to say that, for example, you have been trapped in a road closure due to an accident for several hours and are, by law, out of hours. You cannot obstruct the road and the police will expect you to move. FedEx's policy is void in this situation as it interferes with the law.

Many carriers have safety policies that act as a cushion of definition against the deliberate vagueness of the law. Schneider National has a policy that all drivers regardless of location must adhere to USDOT HOS rules. This ensures compliance universally, but is not permitted to interfere with the law. If you're improperly parked and told to move, you move.

The jurisdiction that I call home (the province of Ontario) absolutely takes advantage of the vagueness of the law. The Ministry of Transportation has a quota and will find something to ticket you for if they need to. This is why while the USDOT might be less stringent in regards to things like personal conveyance, I advocate the common practice of the "only unladen" concept regardless and would absolutely insist on a badge number from the officer authorizing the move. Always cover your own ass because nobody else will. Don't argue with a cop, but asking politely by saying you need to inform your dispatch of the violation of policy and who permitted you to do so.

I'm not wrong, Swamp. I just advocate common sense and discretion.
 
Canadian Flyer said:
I was speaking in purely the broadest terms, as that's how the law operates (so that it is open to the interpretation of an enforcement officer as to what is and is not punishable) and in regards to policy not being permitted to interfere with the law. This is to say that, for example, you have been trapped in a road closure due to an accident for several hours and are, by law, out of hours. You cannot obstruct the road and the police will expect you to move. FedEx's policy is void in this situation as it interferes with the law.

Many carriers have safety policies that act as a cushion of definition against the deliberate vagueness of the law. Schneider National has a policy that all drivers regardless of location must adhere to USDOT HOS rules. This ensures compliance universally, but is not permitted to interfere with the law. If you're improperly parked and told to move, you move.

The jurisdiction that I call home (the province of Ontario) absolutely takes advantage of the vagueness of the law. The Ministry of Transportation has a quota and will find something to ticket you for if they need to. This is why while the USDOT might be less stringent in regards to things like personal conveyance, I advocate the common practice of the "only unladen" concept regardless and would absolutely insist on a badge number from the officer authorizing the move. Always cover your own ass because nobody else will. Don't argue with a cop, but asking politely by saying you need to inform your dispatch of the violation of policy and who permitted you to do so.

I'm not wrong, Swamp. I just advocate common sense and discretion.
Click to expand...

All I can add is that our electronic logging device has the feature, and it works well when you expect to have to move the truck while off duty. Keep your log accurate and legal. The only problem for us at FXFE, the company insists on unladen, which requires prior approval, to drop tlrs.
 
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In other news. Big Dave has opened his 3rd Cedar Rapids location downtown near the Cedar river boardwalk.
 
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