ABF | Lay-off/sick Days

nightowl

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If you separate employment while on lay-off are you still owed earned sick days? This is for the Southern Conference. Thanks
 
can't say about the south. But having just retiried, I made sure to use all sick and personal day's before vacation time. They will only pay for unused vac time because that was earned the year before.
 
can't say about the south. But having just retiried, I made sure to use all sick and personal day's before vacation time. They will only pay for unused vac time because that was earned the year before.
I made that ‘mistake’ when I retired...was under the impression they cashed us out for sick days too. Cost me 5 days pay. Oops.
 
If you separate employment while on lay-off are you still owed earned sick days? This is for the Southern Conference. Thanks
Sorry Nightowl (my friend) but no you are not. I was in the union/company meeting during the change of operations for terminal 059 (Jackson Ms.) and the mechanics asked that exact same question. The answer from their local was that sick days are a gift not earned like vacation. I didn't agree but I was there as a guest. I did whisper a few questions into a friends ear but the answer was still take your sick days or loose them! The mechanics were laid off jan 7 2019, they had to work jan 1 2019 to get their sick days, jan 7 was a Monday, that left jan 2, jan 3, jan 4 to use use 5 sick days. How many sick days where the mechanics at 059 cheated out of?
 
Nightowl, on a separate note your vacation is earned. If you have the required 60% (188 tours for road drivers) you can force ABF to pay you your vacation. Or that is what we were told at the meeting in 059. Good luck Brother.
 
Sorry Nightowl (my friend) but no you are not. I was in the union/company meeting during the change of operations for terminal 059 (Jackson Ms.) and the mechanics asked that exact same question. The answer from their local was that sick days are a gift not earned like vacation. I didn't agree but I was there as a guest. I did whisper a few questions into a friends ear but the answer was still take your sick days or loose them! The mechanics were laid off jan 7 2019, they had to work jan 1 2019 to get their sick days, jan 7 was a Monday, that left jan 2, jan 3, jan 4 to use use 5 sick days. How many sick days where the mechanics at 059 cheated out of?

Do you know where the mechanics went? On a change of operation normally they can dovetail in to other shops. I didn't see any of the language in the COO. It has always been my understanding that when sick days are earned the company is obligated to pay when they are taken. If they are cheated out of days they should all grieve for pay. I do know in the past that the end of the contract year the company would pay for unused sick days but those days could not be carried over into the next contract year.
In the past the company would prefer to pay for unused days & keep you on the job.
 
Do you know where the mechanics went? On a change of operation normally they can dovetail in to other shops. I didn't see any of the language in the COO. It has always been my understanding that when sick days are earned the company is obligated to pay when they are taken. If they are cheated out of days they should all grieve for pay. I do know in the past that the end of the contract year the company would pay for unused sick days but those days could not be carried over into the next contract year.
In the past the company would prefer to pay for unused days & keep you on the job.
None of the mechanics transferred. The two I'm close friends with both stayed in Jackson Ms. one works at Enterprise and the other at Freightliner. All had choices of transferring to Dallas, Little Rock and Atlanta.
 
According to the Southern Region Book of Interpretations (page 58), if you have worked at least 90 days of the contract year, you are eligible to receive payment for any unused sick pay for that calendar year. "(1) In order to receive payment of the unused portion of sick leave upon the completion of the contract year, the employee must have worked ninety (90) days including holidays, vacations, and compensable jury duty during the contract year and the employee must have remained on the seniority roster (active or inactive) for the complete contract year."
"(2) A laid-off employee is due sick leave benefits only if that employee meets the qualifications for payment of unused sick leave at the end of the contract year."
Article 43 (Sick/Personal Leave) states that the accrual and cash out date is January 1st.
So, if you are still on the seniority roster as of January 1,2020 and you have worked at least 90-days of that contract year, you should receive payment for any un-used sick days for 2019 unless I missed something.
 
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None of the mechanics transferred. The two I'm close friends with both stayed in Jackson Ms. one works at Enterprise and the other at Freightliner. All had choices of transferring to Dallas, Little Rock and Atlanta.
Little Rock would have been a logical choice since it is close to JAX. Several mechanics at Little Rock quit rather than move when Roy Slagle said he was going to move the major part of the terminal to Memphis a few years ago. The company lost several dock employees also because of the rumor Slagle started. Both the shop & dock had trouble filling those vacancies with qualified, dependable employees.
 
Sorry Nightowl (my friend) but no you are not. I was in the union/company meeting during the change of operations for terminal 059 (Jackson Ms.) and the mechanics asked that exact same question. The answer from their local was that sick days are a gift not earned like vacation. I didn't agree but I was there as a guest. I did whisper a few questions into a friends ear but the answer was still take your sick days or loose them! The mechanics were laid off jan 7 2019, they had to work jan 1 2019 to get their sick days, jan 7 was a Monday, that left jan 2, jan 3, jan 4 to use use 5 sick days. How many sick days where the mechanics at 059 cheated out of?

The local was wrong to say that sick leave is a gift. Sick days are earned. The company rarely gives 'gifts'. One of the only gifts I know of is the retirement tractor & doubles. If the contract called sick days 'gifts' nobody would get even one hour of sick pay.
I do know in the past the local told employees of companies that were closing to take their sick days & vacation ASAP. Those who didn't lost that pay. It is difficult to get anything from a bankrupt company.
 
Good luck Nightowl. And if all these people are correct please post if you get paid your unused sick days so I can pass it along.
 
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Bro.Steward of The Rock is absolutely right. Sick days aren't a "gift".....They are contractually negotiated, and if you don't use them, they will pay you for them at the end of the calendar year.

There is a ....qualifying period,....the 90 days. Apparently there is a MOU the Teamsters signed sometime in the last few contracts that forces guys to ....receive pay,...for 90 days before they can access sick days. If you worked/received pay in November/December,....then you can use sick days as the calendar year changes.

We had guys go on layoff in January,....and cash all their sick days. But,....this was a decade ago. Somewhere, the MOU was signed,....with very little fanfare or notice,.....forcing guys to "qualify" for 90 days.

But,....if they didn't get....laid off,.....they could use sick days in ....January/February/March.....I think every Joint Council and Region adjusted their.....sick day use ...policy in response to the MOU........Hence the language in the Southern Region Book of Interpretations. And in Joint Council #40.
 
I look forward to finding out if Nightowl gets paid for his sickdays. Steward, DCM, and Canary say he will and it is a contractually obligation. I was at the meeting where it was explained why the mechanics would have to take them, transfer and take them, wait to be called back and take them or loose them. Just as Wheelman predicted. This should be interesting. :)
 
I look forward to finding out if Nightowl gets paid for his sickdays. Steward, DCM, and Canary say he will and it is a contractually obligation. I was at the meeting where it was explained why the mechanics would have to take them, transfer and take them, wait to be called back and take them or loose them. Just as Wheelman predicted. This should be interesting. :)

I would hope the JAX employees all took their vacation & sick days before the COO since they had advanced notice of the terminal closure.
 
I look forward to finding out if Nightowl gets paid for his sickdays. Steward, DCM, and Canary say he will and it is a contractually obligation. I was at the meeting where it was explained why the mechanics would have to take them, transfer and take them, wait to be called back and take them or loose them. Just as Wheelman predicted. This should be interesting. :)
If a laid off employee resigns or does not get to work at least 90-days during the 2019 calendar year, then he/she does lose the sick days remaining for that calendar year. Also, if a laid off employee is returned to full time status during the 2019 calendar year, he/she is immediately eligible to start using any remaining sick days they have left for the calendar year. The key is to remain on the seniority roster and work at least 90-days. Here at the "Rock", we have not had a layoff in the city/dock operation in a very long time because of the mass exodus that happened when the "Fort" told us that we would be moved to Memphis back in 2014. Now that the move is off the table, we are slowly building our full time numbers back up. So, it has been a long time since we have dealt with a layoff and my memory may be a little rusty because of this. But, as far as I know, nothing has changed since the last time we did have a layoff and rulings in the Book of Interptretations are generally set in stone as are MOU's.
 
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