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ABF | BA plans to re-write contract

chappey said:
Not true, after you have exhausted all union options, you can take it to the labor board, unless the company and union agreed that the decision was final and binding
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And even if the NLRB rules against you or refuses to hear your appeal you can still go to court under certain conditions. I did that very thing many years ago and had a very successful outcome, reversing the arbitration decision. Too many people sadly don't know their legal rights and unfortunately the Union sometimes just doesn't want to be bothered. Sometimes you have to hold their feet to the fire. In my case my local attempted to stonewall my attorney, a young woman who was sharp as a tack and not at all intimidated. When my local refused to aid my attorney (they were against me of course) she responded to the local, as cool as a cucumber, "no problem, we'll just file a 'duty of fair representation' case against the local." When the local's attorney got wind of that the local was tripping over themselves offering to help my case. Know your rights, know the law. If you're in the right, fight back.
 
Triplex said:
You are so wrong you give credence to the expression "a little knowledge is a dangerous thing."

Civil laws give arbitration the ability to decide contractual disputes without the parties going to court. However, there are conditions stipulated in giving arbitrators that power. One very important condition is that arbitration must explicitly follow the contract (a legal document) and the arbitration cannot add to or detract from the contract. So you are totally wrong in stating that an arbitration is not appealable. As a matter of fact, that's precisely what I did many years ago when I retained an excellent labor attorney and went to court and had an arbitration decision reversed. So take your erroneous bluster and try to learn something new.
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I've also seen this happen on a discharge case.
 
peter guzinnia said:
New York supplement , Article 72 , Excessive overtime . Here at terminal 381 we have filed over a dozen grievances for excessive OT . There is no resolution according to the BA . Instead of finding a resolution the BA plans to re-write article 72 in the next contract , where as there will no longer be language saying anything about the excessive OT . I was also told by my BA that ABF can work us as many hours as DOT allows and there is nothing that the union will do about it . Also the BA will not take the grievance to panel because , "it is a lose , lose situation" , BA also stated the language in article 72 is antiquated and those words mean nothing . I thought the BA was suppose to fight for us , not against us . If this article is re-written then the company will just keep forcing OT on city/dock workers with no recourse .
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Do you have a 5 day bid? If so, work 12 hours every day until you reach your 60 hours. Go home. Anything over 60 is voluntary. If you only want to work 8 hour days you should quit now.
 
ABF381 said:
Nope, I'm going to submit a proposal like that, hopefully the BA will go along with it....by the way the BA is
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Steward of the Rock said:
Funny you should mention the inability to hire. Here at the Rock, we currently have ten (10) applications being processed for full time employment with CDL’s and all the required endorsements. I wonder how many will give up and go to work somewhere else waiting for ABF’s usual 3 to 6 month processing time. I am sure the same applies at 381’s location as well. And, ABF381 is not talking about “8 and skate” as you put it. They are consistently working them past ten (10) hours daily and usually more like twelve (12) hours daily. Even with their Article 72 language that is supposed to prevent the excessive overtime. Bottom line, ABF needs to quite playing games with potential applicants and speed up the hiring process.
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8 stinkin weeks in Wilkes-Barrre. And they cry they need drivers
 
Razorblade said:
Guess what!
That is the same language we had 25 years ago. Contract language means nothing if a committee rules against you. There is no appeal of a decision made at any level of the grievance procedure. If this BA is saying it's a loser, you should believe him.
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Take your own advice. We keep telling you that you are a loser and you won’t believe it.
:lmao::lmao::lmao:
 
Triplex said:
This particular case served as a precedent for my case. Good information, know your rights.

law.justia.com

Belardinelli v. Werner Continental, Inc.

Belardinelli v. Werner Continental, Inc. - 128 N.J. Super. 1, 318 A.2d 777
law.justia.com law.justia.com
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When I worked at Ryder Truck Lines we had the same problem at General Foods when we delivered coffee loads there. One of our drivers ran the electric pallet jack off of the dock because he wasn't qualified or trained on how to use that equipment. :lmao:
 
chappey said:
Not true, after you have exhausted all union options, you can take it to the labor board, unless the company and union agreed that the decision was final and binding
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Employer, employee and union agree that all decisions are final and binding by negotiating and ratifying a contract that says exactly that.
 
Triplex said:
You are so wrong you give credence to the expression "a little knowledge is a dangerous thing."

Civil laws give arbitration the ability to decide contractual disputes without the parties going to court. However, there are conditions stipulated in giving arbitrators that power. One very important condition is that arbitration must explicitly follow the contract (a legal document) and the arbitration cannot add to or detract from the contract. So you are totally wrong in stating that an arbitration is not appealable. As a matter of fact, that's precisely what I did many years ago when I retained an excellent labor attorney and went to court and had an arbitration decision reversed. So take your erroneous bluster and try to learn something new.
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Grievance committees are not arbiters. Arbiters are individual hearing officers. There can be no arbitration, per contract, until a case is deadlocked at every level. Any decision, at any level, is final and binding and ends the process.
Grievance committees are an equal number of employer and labor representatives, usually a total of 6 but no fewer than 4. The grievance procedure was put into contracts decades ago to avoid expensive arbitration. There are no lawyers on committees and no lawyers are permitted to represent a grievant. No audio or video recordings are allowed, and the hearings are closed.
 
Yellow Fever said:
Do you have a 5 day bid? If so, work 12 hours every day until you reach your 60 hours. Go home. Anything over 60 is voluntary. If you only want to work 8 hour days you should quit now.
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Not true....anything over 10 is excessive overtime according to our supplement...and the original poster said nothing about 8 hour days... PS we don't all have to agree but we shouldn't use that non union manager line saying quit if you don't like it...we come to these boards to figure out ways to make things better....
 
Razorblade said:
Grievance committees are not arbiters. Arbiters are individual hearing officers. There can be no arbitration, per contract, until a case is deadlocked at every level. Any decision, at any level, is final and binding and ends the process.
Grievance committees are an equal number of employer and labor representatives, usually a total of 6 but no fewer than 4. The grievance procedure was put into contracts decades ago to avoid expensive arbitration. There are no lawyers on committees and no lawyers are permitted to represent a grievant. No audio or video recordings are allowed, and the hearings are closed.
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Not clear on what you're saying, I had a case with a Beer Dist., contract states cannot discharge for 1st offence drinking on job, must offer counseling and rehab, guy comes in from deliveries a little tuned up, company sends him for drug /alcohol test, fails, they fire him, file grievance, meet with company, they deny grievance, go to arbitration, we win job and back pay, company refuses to honor decision and takes it to court, loses and pays back pay plus benefits and unions legal expense
 
mr frght said:
That really only applies to Breakbulks and not the End Of The Line terminals and that is where the problem is
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not true...article 72 is for everybody...I have filed under it at my EOL and have never heard it doesn't apply...not even from the Employee Relations man when he comes from Carlisle to attend a grievance meeting on a grievance based on article 72.....trust me if it was for breaks only he would have said so in those meetings....
 
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