ABF | Southern Road Grievances

[nightowl]

Grievance 1: Bobtailing To The Hotel
Company: The company says they don't pay to bobtail to the hotel and we are using the tractor for our personal conveyance.
Me: There is no language in the contract that says that we are to bobtail and use the tractor for our personal conveyance, while there is language that clearly states that when bobtailing or deadheading, driver will be paid all miles at the single rate.

Grievance 2: Being Put To Bed On a Turn
Company: The company says that they can do what they need with extra board drivers and change turns into layovers whenever needed.
Me: While the company may be able to do so, I say that they should also have to pay to do it. The language in the contract states that a driver should have to give no more than 30 minutes of free time at the drivers turn point. I contend that according to this language that by the company electing to put said driver to bed at his turn point because there is no freight ready for that driver they should have to pay all time until departure beyond the 30 minutes of free time. I also contend that this violates the language that states seniority shall prevail at all times. If a driver picks his trip based on the fact that his trip is a turn and/or may pay more than other trips how does this not violate his seniority?

I'm just wondering if anyone else in the Southern Conference has filed on these two issues before and what may have been the outcome? Thanks

 

[canaryinthemine]

What about the EDL while bobtailing to and from the motel? FMCSA says all time spent in the service of the company,........whether compensated or not,.......must be logged..

And,......If it must be logged,.....It should be compensated. Don't they still use taxis or shuttle services in larger terminals? They are paying the taxi driver and shuttle driver,.......Why not the road driver for the same thing?

 

[nightowl]

What about the EDL while bobtailing to and from the motel? FMCSA says all time spent in the service of the company,........whether compensated or not,.......must be logged..

And,......If it must be logged,.....It should be compensated. Don't they still use taxis or shuttle services in larger terminals? They are paying the taxi driver and shuttle driver,.......Why not the road driver for the same thing?

There is a Personal Conveyance option on the ELD that you can select that will show you off duty when bobtailing to the hotel/terminal/ restaurant. This can be done has long has you are following the FMCSA guidelines. There is no language I can find to cover personal conveyance in the contract. That is why I'm wondering if this has been filed on before.

 

[canaryinthemine]

There is a Personal Conveyance option on the ELD that you can select that will show you off duty when bobtailing to the hotel/terminal/ restaurant. This can be done has long has you are following the FMCSA guidelines. There is no language I can find to cover personal conveyance in the contract. That is why I'm wondering if this has been filed on before.

I didn't know about the Personal Conveyance option on the ELD. Interesting..........

And I'm guessing that no one has run afoul of those ambulance-chasing lawyers by having an accident while on Personal Conveyance......... yet.

I haven't run the road for a good 30 years,.....But when I did, I can remember getting picked up at the terminal........after a half-hour wait,.......by a shuttle bus, and then taking a grand tour of every freight barn within 10 miles of Secaucus NJ for about an hour, before we hit the hotel. Kinda cut into the sleep time.........

I do know the issue was raised about getting paid for that time,.........because one of those shuttle busses had an accident, and the company...,..... Werner-Continental,.......Tried to deny the Workers Compensation claim by saying the injured driver was......"off duty".....

I would imagine the claim was paid, although I don't know for sure.....

Our terminal used to use a motel less than a quarter mile away..After a bed bug infection, they now bobtail about 5 miles. A little hairy on snowy days......

 

[nightowl]

I didn't know about the Personal Conveyance option on the ELD. Interesting..........

And I'm guessing that no one has run afoul of those ambulance-chasing lawyers by having an accident while on Personal Conveyance......... yet.

I haven't run the road for a good 30 years,.....But when I did, I can remember getting picked up at the terminal........after a half-hour wait,.......by a shuttle bus, and then taking a grand tour of every freight barn within 10 miles of Secaucus NJ for about an hour, before we hit the hotel. Kinda cut into the sleep time.........

I do know the issue was raised about getting paid for that time,.........because one of those shuttle busses had an accident, and the company...,..... Werner-Continental,.......Tried to deny the Workers Compensation claim by saying the injured driver was......"off duty".....

I would imagine the claim was paid, although I don't know for sure.....

Our terminal used to use a motel less than a quarter mile away..After a bed bug infection, they now bobtail about 5 miles. A little hairy on snowy days......

Most terminals do have shuttles but there are a few that let you bobtail. I just think it should be paid for time for various reasons, one being that the only language I can find says you should be paid. I was always taught if it's not in writing it doesn't exist. I want them to show me where it says anything about personal conveyance. Same with changing turns into laydowns. I guess we shall see when these two grievances get heard. You can't make a change without trying....

 

[canaryinthemine]

Absolutely, Brother. If they can pay a non-Union taxi or shuttle driver in some places, they can pay an ABF employee to do the same.

And you have a very good point about the turn bids being broken and seniority violated....Sounds like very poor planning on dispatchers' behalf......Too easy to turn that into dispatcher's revenge and favorites.

Fight 'em all the way, Brother!