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Yellow | Is there any Laid OFF Drivers who have been denied there DOT Recert, by YRC

KcFanNindy

KcFanNindy

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I am trying to find out if any other terminals are running into this problem? I know of past practices were the company was liable to pay for and keep the medical card current for a driver. Until recently they supposedly changed the policy in KC/MO, regarding who gets to go get recertified, even if your medical card is fixing to expire.

From what i was told that the company is only authorizing up to 318 people to get recertified. The board goes down to like 374, or in that area. They have recertified drivers below the 318 numbers, if there DOT card was expiring they sent the employee to clinic for recertification.

My question to the union was in order to keep current with the contract, the company should keep our recertification current, whether we are working or not, if you have no DOT card, then = NO JOB, under the language in the contract.

Point #2 I made to the Union, was that we have a right as laid off employees to work ahead of causals, and therefore, in order to do so, we have to be ready and available to the company, if our DOT cert is not current then we cant work.

Point #3 is that the compnay in the past has sent employees in layoff status to keep the the DOT current, this has happen to me when i was at 321-INDY.

Let me know f this going on in any other terminals!
 
I am DOT certified. Did YRC pay for it, no. If and when they call me back, it will be their decision to honor my DOT card. As far as DOT is concerned, I am certified to work. That is what matters.
 
[quote author=KcFanNindy link=topic=79213.msg821562#msg821562 date=1271218084]
I am trying to find out if any other terminals are running into this problem? I know of past practices were the company was liable to pay for and keep the medical card current for a driver. Until recently they supposedly changed the policy in KC/MO, regarding who gets to go get recertified, even if your medical card is fixing to expire.

From what i was told that the company is only authorizing up to 318 people to get recertified. The board goes down to like 374, or in that area. They have recertified drivers below the 318 numbers, if there DOT card was expiring they sent the employee to clinic for recertification.

My question to the union was in order to keep current with the contract, the company should keep our recertification current, whether we are working or not, if you have no DOT card, then = NO JOB, under the language in the contract.

Point #2 I made to the Union, was that we have a right as laid off employees to work ahead of causals, and therefore, in order to do so, we have to be ready and available to the company, if our DOT cert is not current then we cant work.

Point #3 is that the compnay in the past has sent employees in layoff status to keep the the DOT current, this has happen to me when i was at 321-INDY.

Let me know f this going on in any other terminals!
[/quote]

In the past, 324 Indy did notify me to go get my new physical at the clinic (paid for by them) when I was laid off. I got laid off in March 09, but I signed up to work thru the summer (while I was job searching). They sent me for my physical during the summer, so technically I was laid off/ on call. I'm wondering if they're thinking that they're only going to pay for the ones that are signed up to work, since they need to be available.
 
It appears that YRC doesn`t want to spend any money on laid off employees when they don`t know when or if they`ll need them again.
 
In my opinion, i think that company is responsible to maintain our certification, while under contract, and since we have 10 year recall rights, I personally believe that they should honor any recertifications period, since, we are subject to recall within the 10 year period at any time.

But John I think you hit the nail on the head, they just dont want to pay for the recertifcation process for any laid off employees. Its another tactic for the company to get rid of drivers, no medical card = NO JOB!
 
In chicago and wheeling IL., the battle is on over who has control of the medical long form, London demanded medical reports from drivers saying they paid for them so they want them, sorry it is private medical information and needs a drivers signature for release. Which YRC and holland have been getting directly from their paid clinic, and so last year when many drivers throughout the system were having heart attacks or crashing, the company decided to look over everyones medical forms and pulling them into the clinic claiming liability issues. If you have any situation say maybe high blood pressure, the company says you may pass out at the wheel or that maybe you or your doctor (for drivers who go to their doctor) have not considered the side effects. Anything they can find for dispute and disqualification. The union has said that there is no company policy that the company would get your medical report,(LONG FORM). So if the company laid you off and you were not able to maintain your insurance and could not buy your meds, then you were not meeting the D.O.T. REGULATIONS. The medical long form is your private medical information no matter who pays for it, the company has been stealing your records and using them against you. Talking with lawyers, lets get class action going. they get it at pre-employment but not during employment. And as such we here the phrase, well i don't have any issues so they can have it, BS, your day may come and you will want to protect your privacy from those who would use it against you. :rant: :stir: :rant: :stir:
 
That's true, if we pay for it ourselves, it becomes our property doesn't it? All they need to know is we passed it & got recertified. Does anyone know the true answer to this one?
 
I only wish there was enough time and space to post all the paperwork gathered from FMCSA, ADA, HIPPA,EEOC AND DEPT. OF HUMAN RIGHTS explaining the employer only gets your certificate. Also reading the new federal law on FMCSA site, OOIDA had also asked that again employers not be able to get the long form and FMCSA stated they did'nt need to cover that because the employer has always only been able to obtain and keep on file, the CERTIFICATE. I will see attorney again and stand within my rights to protect the medical information that is mine and that an employer may use against me, my doctors agree that i am fit and able to drive and certified me, the company thinks maybe they might be doing something wrong, the company is not a doctor and should not question a licensed physician putting his occupation on the line for signing your card. Everyone should go on FMCSA SITE AND READ NEW RULES in effect, Jan. 30, 2009, for driver certification to be in place by 2012, and all compliance by 2014 you will certify yourself in Illinois at the DMV by showing your certificate and not you LONG FORM. Some states are requiring you to show long form such as Arizona, Illinois i only showed my certificate. But still the company is not getting this form because we certified at DMV under National driver license information service . READ IT EVERYONE, PLEASE! The suits are trampling the rights of safe eligible drivers aqnd ruining lives by disqualifying them. :rant: :stir: :rant: :stir:
 
***UPDATE****

Well on 4/19/10 recieved a certified letter stating that my medical card was about to expire (5/20/10) and in the letter I had to get the medical examination done prior to 5/20/10, still was awaiting an answer back from the Local 41, concerning on whether or not the company was to be held liable for all incurred charges. Since the companies orginal statement to me was that they were only paying the top 318 guys on the roster, and the full roster is over 374 + or -.


But according to the union rep, he was stating the same thing that I had already stated in my previous statement he too thought that the company should have to pay for all expenses concerning the re-certification.


FROM the DOCTOR:

He stated that anyone over a 17 inch Neck will have to have a sleep apnea study done at your own expense ( cost in the area of $3000.00), also if you have a Body Mass Index above a certain number, and if your blood pressure is above a certain number, then you will be denied a medical card until you take one of the studies. He stated tht this will be mandatory with in 2 years.
 
Anyone know any neck exercises??? Funny, my neck is large but I'm not overweight. What do they do for muscular necks? :rant: :thumbsup:
 
LOL!!! i dont know, i think the whole test is another way the government can suck some more dollars out of us truck drivers!
 
I understand it to be that the doctor uses an overall appearance glance and may decide to have you checked for sleep apnea, but this would be a medical test that gathers information as to your health and would have to be paid for by the company, They say that an size 17" neck size or 39" waistline would call for checking, but remember it is not a rule. You can google BMI calculator and check stats but it seems everyone is coming up overweight according to the numbers,lol. And now again, I want to say that you are allowed to see your own doctors to get certified and keep your medical long form to yourself, the company gets a copy of your CERTIFICATE ONLY, there is no company policy requiring a driver to turn over his LONG FORM. And if they say they do they did not negtiate it in CBA. I am currently fighting this battle with the company as is UPS and union, we have been forced to submit the LONG FORM after months out of work and financial loss. I think drivers should have remained on job till settled without surrendering the LONG FORM. I think somebody said not sure but pos Union failed to protect the drivers in this instance. I will continue the battle to protect our LONG FORM as it is protected under the laws, EEOC, HIPAA, ADA and even the FMCSA said they do not cover this action please refer to Hipaa,LOL. I wish to start a class action lawsuit against these companies and Unions which would allow a companies doctors to destroy the lives of qualified and certified drivers.
 
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