What's new

Yellow | Yellow Memo! "Request For Vaccination Information"!

slavenomore said:
You want sticks shoved up your nose every week just to be able to work?
That will start with nose bleeds...until calluses grow in your nose.

Maybe the union will agree to just letting companies punch everybody in the face at the time clock in order to punch in....I mean employers DO have rights. Maybe 3 swats on the back with a bamboo rod.
We owe them.
Click to expand...
Only three?
 
these were not the terms and conditions when you signed up for the job. The company hired you before these terms and conditions were aware to you. You have a brain if you understand this.
 
Razorblade said:
It will be called a voluntary quit. Refusal to comply.
Click to expand...
"Refusing to comply" is not one of the specific reasons for an individual to be discharged. That's quite clearly spelled out in our contract. It can certainly be a reason for some type punishment but not immediate dismissal. And using the "voluntary quit" terminology can be beat in honest arbitration/court also if need be.
 
Last edited:
If you read the language of the letter the wording "self-service" it pretty much means you are submitting your info voluntarily lol why would you want to accept those terms (dumb if you ask me)

i hope you know these were not the terms and conditions of them hiring you, look up "terms and conditions" learn something for a change besides holding a steering wheel or flipping boxes
 
Triplex said:
"Refusing to comply" is not one of the specific reasons for an individual to be discharged. That's quite clearly spelled out in our contract. It can certainly be a reason for some type punishment but not immediate dismissal. And using the "voluntary quit" terminology can be beat in honest arbitration/court also if need be.
Click to expand...
Arbitration? No local union will pay for arbitration. That's why there is a grievance procedure.
How about refusing to submit to a DOT physical? Is that a law or a mandate from the Department of Transportation?
I said voluntary quit for refusing to comply.
 
Razorblade said:
Arbitration? No local union will pay for arbitration. That's why there is a grievance procedure.
How about refusing to submit to a DOT physical? Is that a law or a mandate from the Department of Transportation?
I said voluntary quit for refusing to comply.
Click to expand...
Go for it.
Pull your money out of the market.
 
Razorblade said:
Arbitration? No local union will pay for arbitration. That's why there is a grievance procedure.
How about refusing to submit to a DOT physical? Is that a law or a mandate from the Department of Transportation?
I said voluntary quit for refusing to comply.
Click to expand...
What are you talking about? Of course the union will go to arbitration if the grievant has a good case and it isn't settled informally. And if the arbitration decision doesn't precisely follow the contract the decision can be appealed in civil court. Refusing to comply in general is defined as insubordination and that is not a reason for immediate dismissal even if it's called "voluntary quit" by the company.

PS - If the Union doesn't want to support the worker, the worker can file a "Duty of Fair Representation" lawsuit against the Union. That usually gets officials' attention.
 
Triplex said:
What are you talking about? Of course the union will go to arbitration if the grievant has a good case and it isn't settled informally. And if the arbitration decision doesn't precisely follow the contract the decision can be appealed in civil court. Refusing to comply in general is defined as insubordination and that is not a reason for immediate dismissal even if it's called "voluntary quit" by the company.

PS - If the Union doesn't want to support the worker, the worker can file a "Duty of Fair Representation" lawsuit against the Union. That usually gets officials' attention.
Click to expand...
The grievance procedure is not arbitration. After deadlocks at the local level, the regional level, the conference level and finally the international level, the union has a strike option. Some contracts may have an arbitration option but only after the grievance procedure is exhausted. Each grievance procedure level has a cost. Arbitration is a legally binding, non appealable, decision by a single independent arbiter of fact. An alleged contract violation will never be heard by a court if there is a contractual grievance procedure in place. Any decision, at any level, ends the process with no option to appeal.
 
Razorblade said:
The grievance procedure is not arbitration. After deadlocks at the local level, the regional level, the conference level and finally the international level, the union has a strike option. Some contracts may have an arbitration option but only after the grievance procedure is exhausted. Each grievance procedure level has a cost. Arbitration is a legally binding, non appealable, decision by a single independent arbiter of fact. An alleged contract violation will never be heard by a court if there is a contractual grievance procedure in place. Any decision, at any level, ends the process with no option to appeal.
Click to expand...
You're so wrong I don't even know where to start. I have to run out now but I'll show you the error of your ways later.
 
Triplex said:
You're so wrong I don't even know where to start. I have to run out now but I'll show you the error of your ways later.
Click to expand...
I think I am right on this one. If I wasn't the Rock would have been all over it.

I bet you also think that an employee can sue the employer for damages if he is injured on the job. Also wrong, can't be done.
 
Razorblade said:
I think I am right on this one. If I wasn't the Rock would have been all over it.

I bet you also think that an employee can sue the employer for damages if he is injured on the job. Also wrong, can't be done.
Click to expand...

You are absolutely wrong, both about suing your employer and also about reversing arbitration. Hmm, zero for two, not good for your reputation on TB. :smile new:

1) Arbitration decisions can be reversed in civil court under certain circumstances. Read through the following case to learn what they are.

Belardinelli vs. Werner continental
Superior Court of New Jersey, Appellate Division (April4, 1974)


2) An employee can sue his employer under certain circumstances if he is injured on the job. Read through the following case:

New Jersey Court Allows Injured Worker To Sue Employer
New Jersey construction worker Kenneth Van Dunk can sue his employer for injuries he received on the job, recently ruled a New Jersey Appeals Court. The court reasoned that the accident, which the Occupational Safety and Health Administration (OSHA) found was the result of a “willful violation” of federal safety rules, gave the construction worker the right to seek damages beyond workers’ compensation.
www.denniskennylaw.com

New Jersey Court Allows Injured Worker to Sue Employer | Dennis Kenny Law | New York

Have you been injured on the job? Contact Dennis Kenny Law today at 888-312-5516 to speak with an experienced New York workers' compensation lawyer.
www.denniskennylaw.com www.denniskennylaw.com
 
You must log in or register to reply here.
Top