Who can I appeal to?

Discussion in 'Fedex Freight' started by BobZee76, Feb 14, 2017.

  1. BobZee76

    BobZee76 New Member

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    I received a citation back in October in Ohio. I did the right thing and immediately reported it to management. I was wrongly given a OVI, and within the week of going to court, was charged correctly with Physical Control/Under the Influence...to quickly explain, in Ohio that is a Non-Moving Zero Point violation. It is basically being caught drinking but not operating a vehicle, simply having access to operate a vehicle....Soon as this was my court disposition, I quickly reported to management. A court document showing OVI dismissed, Convicted of this Physical Control. Mind you I have maintained my CDL throughout this whole process, and my license never suspended and has zero points...
    I was still not allowed to resume driving. I attempted to appeal with safety in Harrison, and was told it is not eligible for appeal. I have been reduced to part time dock at this time. I want to know if there is anyone higher up the Britney Starkey I can get an explanation of why this is an ineligible offense.
    I have since applied to other carriers, and just get the cold shoulder after they run my MVR.
    I'm gathering they are all viewing it as a alcohol related offense, however it was a non operating offense. I still hold a valid CDL, and have a clean record of moving violations.
    Any help would be apprectiated
     
  2. DOTFXF

    DOTFXF Active Member

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    At my center we've always been told it's the original offense that FEDEX has issue with PERIOD. We have had 3 or 4 drivers with the same senerio you described and all had the same outcome as you. Sorry to hear about your misfortune.
     
  3. Dick Dastardly

    Dick Dastardly Drat, Double Drat, and Triple Drat!

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    I thought they changed that policy during the Union push?
     
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  4. Redracer3136

    Redracer3136 BANNED

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    Correct, it's my understanding that we no longer have to turn anything into the company until we're convicted of the charges. If the charges are dismissed, it's as though it never happened.
     
  5. DOTFXF

    DOTFXF Active Member

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    They must of changed it back or something. If BobZee76 contacted Harrison safety for an appeal and he was denied it seems that the old policy is still in effect. Correct? If someone has the new policy that was put in place during the Union push please forward it to BobZee76 so he can get back to work full-time.
     
  6. nakedmongoose1

    nakedmongoose1 Member

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    It's been my understanding that the original charge cannot show up anywhere on the corrected charge. If it does FedEx looks at the original charge not what it was changed to. In other words the original charge must be completely expunged and the new charge has to have a completely different case/charge number
     
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  7. DOTFXF

    DOTFXF Active Member

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    Yes this is the one I spoke of that I thought was in effect but RED is saying that it is different so who knows.
     
  8. Dick Dastardly

    Dick Dastardly Drat, Double Drat, and Triple Drat!

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    I remember them changing the policy around the same time the original scorecard was removed. Maybe it's on the intranet.
     
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  9. DOTFXF

    DOTFXF Active Member

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    It must not because Harrison doesn't recognize it or it doesn't apply to the original posters situation.
     
  10. purple Haze

    purple Haze Member

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    Well driver from we here in the Buckeye have been told Fedex has a 0 tolerance from any alcohol issue. If safety is telling you your Now a dock worker I guess that's what you are for now.
    From what understand FedEx has 0 tolerance for any alcohol related incident. The people I know that have had those problems were shown the door or reduced to part time Dock worker sorry BobZee
     
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  11. runawaytrain

    runawaytrain Wear their scorn with pride.

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    The first thing I would do is get a copy of your MVR and DAC report. Call and request them both so you know what's being reported. You need to know so you can get things corrected if they are wrong. Then just see how things play out and move on if necessary. If precedent has been set rest assured it will play out that way IMO.
     
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  12. Crazy Trucker

    Crazy Trucker Clown Math Expert

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    Who told you that? It's not true, anytime you get a citation thats considered a major offense you have a certain time period to report it, after that you have 180 days to get it dismissed and if you do Fed Ex doesn't hold it against you. If you get a citation from dot and get it dismissed it still goes on your CSA score.
     
    Last edited: Feb 14, 2017
  13. johndeere4020

    johndeere4020 Well-Known Member

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    This changed last year, if the charge is dismissed it's removed from CSA.
     
  14. LTLIndentured

    LTLIndentured Well-Known Member

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    As an inbound supervisor, Red would have the appropriate knowledge to answer that question. I'd go with what Red Said.
     
  15. chitownpeddler

    chitownpeddler Well-Known Member

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    Also from what I have seen at my center, for the 180 days you are still considered full time, earning driver wages. We have a former driver who got a dui that worked full time on the dock and hostler for the 180 days. Now he is a part time hostler.
     
  16. Crazy Trucker

    Crazy Trucker Clown Math Expert

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    Got a link to this info, i can't find anything on it.
     
  17. johndeere4020

    johndeere4020 Well-Known Member

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  18. Crazy Trucker

    Crazy Trucker Clown Math Expert

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  19. HILLBILLY

    HILLBILLY Well-Known Member

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    Because you have 180 days to get it taken care of. They would have to back pay if it was cleared up and that is a quick way to a law suit against the company if something happens to that back pay.
     
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