I was involved in a tier 3 accident and it was my first ever time receiving any type of disciplinary action. They terminated me. Little backstory is I pulled down a dead end turned around and passed up my stop. I chose to back up to check the address at the house i drove past and my bumper backed into a parked car with no one in it. It scratched the door and broke the mirror. I called and reported it. The guy who owned the car didn't act like it was a big deal. My center manager got there and called the cops and was yelling. Once the cops got there he was screaming and yelling how I need to get a citation no matter what for being so stupid. So I got a ticket and finished the route. So now fast forward to today they said it was a tier 3 accident and I was terminated for it under article 52. Idk. What can I do?
Tier 3 accident?
- Thread starter fredplz
- Start date
eats packages
Deranged lunatic
Get off browncafe its an easy thing to keep your job after having one reported accident but you must contact your local union business agent and you must file a timely greivance. Seriously, don't procrastinate go outside and get it squared away. I would personally drive to the hall for anything related to suspensions or discharges.
oldngray
nowhere special
Tier 3 is usually an automatic termination but fight it and most get their jobs back.
Trucker Clock
Well-Known Member
File a grievance and get in touch with your BA.
Your center manager wanted you to get a ticket so that he could fire you. If you did not receive a citation, your center manager was pretty much SOL.
And yes, you can be terminated for an accident. But it has to be recklessness resulting in a serious accident.
According to Article 18 of the NMUPSA, a serious accident is one that a citation is issued, which it was, but at least one of four other factors must be met.
1. Bodily injury requiring immediate treatment aaay from the scene.
2. Damage requiring at least one of the vehicles to be towed.
3. An accident involving an aircraft.
4. A fatality.
None of these apply to you. Enjoy your paid vacation. But, file a timely grievance and talk to your BA.
Wally
BrownCafe Innovator & King of Puns
They call everything a tier 3.
oldngray
nowhere special
There is a dollar figure that automatically makes anything a tier 3 but I don't remember how much.
An accident is an accident. The Dept of Transportation defines a serious accident as one that makes a car get towed away, or forces a person to seek medical, or a death at the scene, or running into an aircraft. All others are considered normal. Is there some supplement language that agrees to the TIERS being a factor? CONTACT YOUR UNION IMMEDIATELY.
Number-Nine
Well-Known Member
Your center manager sounds like a scum bag
burrheadd
KING Of GIFS
Both of these statements are absolutely false
If you don’t know what you’re talking about just sit and read. You’re going to get somebody in a jackpot they can’t get out of
SMDH
Commercial Inside Release
Well-Known Member
Manager might be flipping out because his bosses are looking for a reason to get rid of him, lately.
MECH-II
🧔♂️✊
Tell him you would have preferred to keep your hands on the steering wheel when backing. Due to following the methods your hand slipped while honking the horn and hit the vehicle
nWo
Well-Known Member
Id wreck again for good measure.
Backing into a parked car isn't a tier 3....
Trucker Clock
Well-Known Member
I guess some people just need to see it in writing.
NMUPSA
Article 18
Section 3. Accidents and Reports
Any employee involved in any accident shall immediately notify the Employer.
When required by the Employer, the employee, before the end of the employee’s shift, shall complete a report of the accident including all available names and addresses of witnesses to the accident. The reference number will be given to the employee, and when requested, a copy of the accident report will be furnished to the employee within two (2) working days of such request. A copy of the accident report will also be furnished to the Local Union if requested by a Local Union official. In cases of equipment accidents where a Driver’s Report of Accident form is completed, the employee will
be given a copy of the form the same day, when requested. In facilities with no copy equipment the employee will be provided a copy as soon as practicable.
In the event of a vehicle accident, the Employer shall have twenty (20) days to complete its investigation, if warranted, and ten (10) days to take disciplinary action, if any, unless otherwise mutually agreed. Except for serious accidents, where the driver may be presumed to be at fault, a driver will not be removed from the payroll during an investigation of the accident.
A serious accident is defined as one in which:
1. There is a fatality, or;
2. A citation is issued and there is bodily injury to a person who, as a result of the injury, receives immediate medical treatment away from the scene of the accident, or;
3. A citation is issued and one or more motor vehicles incur disabling damage as a result of the accident requiring a vehicle to be
transported away from the scene by a tow truck or other vehicle, or:
4. Any vehicular contact with an aircraft which results in damage
that grounds such aircraft, or;
5. There is an accident involving a motor vehicle on Company property, outside of any building, that results in a fatality or bodily
injury to a person, who as a result of the injury receives medical treatment away from the scene of the accident.
The driver will be entitled to non-driving work during during this period at his/her normal rate of pay.
Trucker Clock
Well-Known Member
Nope. A tier 3 has a dollar value associated with it. $62,355.
A scratched door and busted mirror may be a few thousand. Nowhere near the tier 3 dollar amount.
I think they classify all backing accidents as tier 3. The same with intersection accidents.
Trucker Clock
Well-Known Member
The center manager knew the center was going to be charged with a tier 3, so he begged the cop to give the driver a citation so that he could fire him.
He only fulfilled one of the two requirements, though in terminating the driver. Should be a paid vacation.
oldngray
nowhere special
I didn't say there weren't other ways to get a tier 3 but you did confirm that $62,355 was a tier 3. Intersections are definitely another way. Backing I hadn't heard of and sounds ticky tacky but very possible.
If I was an employee I might actually consult a lawyer and take legal action against my supervisor for that
