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ABF | The Sign said

1984Sideways said:
I have been carted by ambulance several times.

I was in the Grand Union Distribution in Albany delivering Eggs from Northern Central Maryland there. While tugging a pallet of eggs higher than I am I hit a patch of water that was not cleaned up that early in the morning on that floor. Rammed the knee into the jack.

They shipped me to Troy NY for Trauma eval and luckly it was not busted. It should have been. Grand Union sent me 250 dollars flat as a settlement so I dont sue the bejesus out of them later. The medical bills of the ER that day was a total of 140 ambulance was another 30. So I came out ahead. They unloaded the rest of the eggs and I was back on the road a few hours later running for Akzo Salt in Seneca Lakes for Baltimore next morning. To this day that knee acts up in storm conditions as the arthritis sets in.

Even at percentage the load only paid me about 60 dollars for my trouble with the damn thing for two days worth of work involved in getting the load off the farm up there and then unloaded. Its not worth it. Not then not now. The salt load paid about 60 more by the end of the third day. Always chasing the ******* dollar. Never enough of it.

As far as being in Troy in the ER they had a woman complain incessantly that she was bleeding. The whole dept got tired of it. Finally the nurse yelled at her. Bleed all you damn well please lady, we have more blood right here.

Peace and quiet. No more of that bleeding howling.
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I admire those who work in any medical field, especially those in ER. I know of an incident when a thug was brought in after a knife fight over drug turf. He was almost bled out but after several units of blood he was brought to life. He constantly accused the nurses who he called **** of stealing his new sneakers. He was making threats to the nurses & disrupting the entire hospital wing. Finally the lead doc told the workers that carried people in and out to put all of his belongings in a bag & take him out & told the thug he was discharged. The doc said he had wasted blood that could have saved the lives of ones worthy of living.
 
GO40 said:
They just fired the #2 guy at our place, he buried his father & father in law the same week, he was on fmla. Came back to work went on a run & called in saying he did not sleep at all the night before and was fatigued, came back TM told him if he don't go back out he would be terminated (he was also advised by the labor man) & that is what happened. Im not going to go any further into this because of legal action that may or may not take place....
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Where do companies find morons like this? I'm guessing he'll hopefully get his job back, with back pay. So how did that work out for mgmt? Yellow or whoever or whatever they're calling themselves these days seem consumed with a race to the bottom. A race they won a long time ago. Yellow has always been Yellow, but why the need to bury so many other good carriers and good jobs? Roadway, Preston, New Penn, really it is criminal.
 
GO40 said:
They just fired the #2 guy at our place, he buried his father & father in law the same week, he was on fmla. Came back to work went on a run & called in saying he did not sleep at all the night before and was fatigued, came back TM told him if he don't go back out he would be terminated (he was also advised by the labor man) & that is what happened. Im not going to go any further into this because of legal action that may or may not take place....
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Management has no chance of winning that. They just gave him some free paid days.
 
FatChance said:
Where do companies find morons like this? I'm guessing he'll hopefully get his job back, with back pay. So how did that work out for mgmt? Yellow or whoever or whatever they're calling themselves these days seem consumed with a race to the bottom. A race they won a long time ago. Yellow has always been Yellow, but why the need to bury so many other good carriers and good jobs? Roadway, Preston, New Penn, really it is criminal.
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I don’t know how they came to this conclusion. This is going to put management on notice….
 
GO40 said:
They just fired the #2 guy at our place, he buried his father & father in law the same week, he was on fmla. Came back to work went on a run & called in saying he did not sleep at all the night before and was fatigued, came back TM told him if he don't go back out he would be terminated (he was also advised by the labor man) & that is what happened. Im not going to go any further into this because of legal action that may or may not take place....https://www.truckersjusticecenter.com/paul-taylor
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392.3 Read it. Understand it. Then go to Paul Taylor's web site.https://www.truckersjusticecenter.com/paul-taylor
651-454-5800

Attorneys fees are paid by the defendant. ie the company that fired him. On his web site, read about some of his cases. 2 cases are about what # 2 just experienced. More than likely he will send a letter to reinstate him. Barring that he then will file under the STA Act. This case based on what you posted is a slam dunk for # 2. The most important reason to call Paul is he will guide you in what to do, & not what to do. Good luck. Phil.
 
vongrimmenstein said:
392.3 Read it. Understand it. Then go to Paul Taylor's web site.https://www.truckersjusticecenter.com/paul-taylor
651-454-5800

Attorneys fees are paid by the defendant. ie the company that fired him. On his web site, read about some of his cases. 2 cases are about what # 2 just experienced. More than likely he will send a letter to reinstate him. Barring that he then will file under the STA Act. This case based on what you posted is a slam dunk for # 2. The most important reason to call Paul is he will guide you in what to do, & not what to do. Good luck. Phil.
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First you must go through the grievance procedure Then you have to file a complaint with the Department of Transportation. Only after you exhaust all the administrative options can you sue anyone.
 
Razorblade said:
First you must go through the grievance procedure Then you have to file a complaint with the Department of Transportation. Only after you exhaust all the administrative options can you sue anyone.
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So if the person involved can't go after the people responsible for this illegal termination civilly without going through the processes you mentioned?
 
Razorblade said:
First you must go through the grievance procedure Then you have to file a complaint with the Department of Transportation. Only after you exhaust all the administrative options can you sue anyone.
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GO40 said:
So if the person involved can't go after the people responsible for this illegal termination civilly without going through the processes you mentioned?
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The first thing he needs to do is contact his business agent immediately. If this does not get the desired result (reinstatement with full back pay), he will certainly need to file a grievance within the time frame provided in the Supplemental Agreement he works under. Here in Southern Region, you have ten (10) working days to file a grievance. But, some Supplements require it within seven (7) working days. I hate to admit it, but I believe Blade is correct on this one. You need to exhaust all options provided before challenging it in a court of law. This would mean the grievance process first. And if that does not render the desired decision, the DOT would be the next step. The chances are good on a case like this one that one call to the business agent can get an immediate resolution in his favor without having to take the steps mentioned as this will certainly look bad on the company if it goes any further.
 
Razorblade said:
First you must go through the grievance procedure Then you have to file a complaint with the Department of Transportation. Only after you exhaust all the administrative options can you sue anyone.
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You are correct. Let the Union try first. BUT, if the Union can't get him reinstated & make him whole, (no partial wages back) then go the attorney route. Look @ the administrative law judges orders. All wages, all pension, all medical expenses from the day of termination to re-hire. Anything less by Union Officials? They are not doing their job. Going the way of the attorney is a longer process. If # 2 goes the lawyer route & it takes 2 years to settle, he will get the difference in wages from the union scale to what he made with his new company. + medical expenses, + possible punitive damages. My belief is a letter from Paul even before this goes to committee might influence the company to re-instate him before it gets out of hand. And I believe most legal counsel for a trucking company know of 392.3 & filing suit under OSHA/STA Act, & the results if the company loses. Paul will tell you some companies are stubborn & will fight it tooth & nail to the end, even when their counsel has told them to settle. Good luck. von.
 
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Steward of the Rock said:
The first thing he needs to do is contact his business agent immediately. If this does not get the desired result (reinstatement with full back pay), he will certainly need to file a grievance within the time frame provided in the Supplemental Agreement he works under. Here in Southern Region, you have ten (10) working days to file a grievance. But, some Supplements require it within seven (7) working days. I hate to admit it, but I believe Blade is correct on this one. You need to exhaust all options provided before challenging it in a court of law. This would mean the grievance process first. And if that does not render the desired decision, the DOT would be the next step. The chances are good on a case like this one that one call to the business agent can get an immediate resolution in his favor without having to take the steps mentioned as this will certainly look bad on the company if it goes any further.
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I pretty much agree. But, please call Paul Taylor & he or his para legal will guide you in what, when, where & why. This way # 2 will have better understanding of what is happening. Also, after talking with Paul he will be better informed than most anybody involved in this case. The advice over the phone is free. Use it. It will be the most informative phone call he will make. von.
 
Steward of the Rock said:
The first thing he needs to do is contact his business agent immediately. If this does not get the desired result (reinstatement with full back pay), he will certainly need to file a grievance within the time frame provided in the Supplemental Agreement he works under. Here in Southern Region, you have ten (10) working days to file a grievance. But, some Supplements require it within seven (7) working days. I hate to admit it, but I believe Blade is correct on this one. You need to exhaust all options provided before challenging it in a court of law. This would mean the grievance process first. And if that does not render the desired decision, the DOT would be the next step. The chances are good on a case like this one that one call to the business agent can get an immediate resolution in his favor without having to take the steps mentioned as this will certainly look bad on the company if it goes any further.
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I believe the union mentioned lawsuit if letters were not rescinded. Business agent has been out sick the last two weeks….
 
GO40 said:
I believe the union mentioned lawsuit if letters were not rescinded. Business agent has been out sick the last two weeks….
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Article 16., Section 2. of the Master Agreement pretty much spells it out. I don’t see how the company has a leg to stand on with this one. The DOT (Government Agency) regulations over rule anything the company thinks and that is mentioned in Article 16., Section 2.
 
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chappey said:
Main thing make sure somebody filed a grievance, shop steward, president of the local , if ba is not available, get a paper trail going in timely manner
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You are correct. The grievance must be filed with in so many says. On a termination, the Hall or BA should be all over this. I never would have voted to remove the language 'stay working while protesting the termination'. The Central region voted it out. I believe the south eastern conference kept it. It gave the company's so much more leverage & the Union little recourse Maybe, just maybe our brother & sisters on the other side of the Mason/Dixon Line are a tad smarter than us Northern gang, even though we did win the war. von.
 
Triplex said:
Unless there have been changes I'm not aware of, refusal of work assignment is not one of the contractually enumerated reasons for immediate discharge. Don't know how this can possibly be upheld.
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My own case years ago (which I won in court) was based on this precedent. Interesting read if anyone is interested.

Belardinelli v. Werner Continental, Inc.

Belardinelli v. Werner Continental, Inc., 128 N.J. Super. 1 | Casetext Search + Citator

Read Belardinelli v. Werner Continental, Inc., 128 N.J. Super. 1, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com

 
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