FMC 392.3

Heavy Package

Well-Known Member
I wish the union could be of more help but all you get is too bad so sad. This is why I've gone to trying to use this. I don't want to but what other choice so I have?

Good point. My Stew always says work as directed and then file. I get his answer but there is no teeth in the 9.5 language. We need it enforced and we should be able to bring any unfinished work back after 9.5 (outside of peak) language in the next contract.

I know I'm having wishful thinking but these staffing issues and dispatches in many areas of the country are out of control.
 

Misthios

I love my job. Don't you?
Good point. My Stew always says work as directed and then file. I get his answer but there is no teeth in the 9.5 language. We need it enforced and we should be able to bring any unfinished work back after 9.5 (outside of peak) language in the next contract.

I know I'm having wishful thinking but these staffing issues and dispatches in many areas of the country are out of control.
Perfectly said. I think 9.5 should be auto paid our without the need for a grievance. Also shouldn't need to be 3 days in a week at a minimum. There's nothing that stops them from crapping all over you 2 times a week consistently or burning you alive for a week then letting you be the next week without paying you an extra dime. I hope the new president has some teeth and is unafraid to bite back at ups.
 

Made brown

Well-Known Member
Has anyone had success on using fmc 392.3 (illness or fatigue) as a means to call in without penalty? The way I understand it to qualify under this we have to engage in interstate commerce. My business agent says this only applies to semi truck drivers but I disagree with that interpretation. They all act like they've never heard of this. Am I crazy here or am I finally pushing the right buttons?
I don’t know if you can use it from home, but ill or fatigued driver should work once you clock in and realize that it is unsafe for you to drive.
If you follow HOS look into Coercion.
 

Made brown

Well-Known Member
1. Who said I was lying? I'm pretty tired come Saturday. Wish I had your boundless energy to slave away for capitalism. How does it feel that your compensation for working so hard is less than 1% of what the ceo makes?

2. 6 day work weeks shouldn't exist. Plain and simple.
1. Isn’t more like 2 - 3% if you work 55ish hours a week? Asking for a friend. 😁

2. Agreed but if we don’t do our work, and I know we are improperly staffed at times, who will do it? Contractor’s?
 

ManInBrown

Well-Known Member
Has anyone had success on using fmc 392.3 (illness or fatigue) as a means to call in without penalty? The way I understand it to qualify under this we have to engage in interstate commerce. My business agent says this only applies to semi truck drivers but I disagree with that interpretation. They all act like they've never heard of this. Am I crazy here or am I finally pushing the right buttons?
Used fatigue plenty when I first came to feeders. I wasn’t a fan of OT in package and same for feeders. I don’t care if we don’t lift a finger and just drive. I’m not interested in working 13 hours a day. Used to try to pop another leg in my board when I arrived back at the end of the night. Used to walk upstairs hand them my keys and say, nope I’m tired c ya. After about 5 times they learned. As someone else said be very careful using it. They’ll send you to the Dr. and they’ll do the works. Sleep apnea test, the whole 9.
 

quad decade guy

Well-Known Member
And here we go with someone who is perfectly fine with Big Brother stepping in and dictating how you live your life. Have you ever seen the parameters that entail getting caught up in apnea diagnosis with a CDL? DOT/FMCSA should have no business dictating what I have to do on my personal time. They already are heavy handed enough.

I'm in no way discounting apnea is serious stuff. I skirted for a year getting forced into a sleep study at my last job. Getting hired at UPS actually got me out of it by using one of their approved Physician Assistants that does physicals as a side hustle. So I am thankfully avoiding DOT involvement and outright infringement into my personal life.

That being said, I'm not an idiot. I called and discussed this with the union benefits office and found out that sleep study is all covered. They outright purchase the CPAP as opposed to rental. So I have a sleep study scheduled for early December. Any results or outcome and how I use the machine if needed, will be on my terms, not the governments. As it should be.
Wow. Ok....

Interesting.

So, you are going to determine the therapy for a sleep disorder? You? Really?

And, your PA has agreed to keep this from DOT? Skirting and avoiding and all that? It's interesting.....have you ever filled out those forms at your D O T physical? The ones that say "have you EVER?"......

See?

The real problem is not that you stroke out or have a heart attack......because hey, that's your personal business.....

But....what is....is when you stroke out WHILE DRIVING. A story: A friend who lies about his snoring(heavy smoker/alcoholic), had a wife that stroked out while driving and totaled her car....she was a heavy smoker, poor health....

Say, what training do you have in sleep apnea therapy, diagnosis etc.?

Say, so....if you determined that you had diabetes....and could buy insulin....you would determine your own treatment?

Your PA sounds like a back alley abortion doctor...
 

quad decade guy

Well-Known Member
Used fatigue plenty when I first came to feeders. I wasn’t a fan of OT in package and same for feeders. I don’t care if we don’t lift a finger and just drive. I’m not interested in working 13 hours a day. Used to try to pop another leg in my board when I arrived back at the end of the night. Used to walk upstairs hand them my keys and say, nope I’m tired c ya. After about 5 times they learned. As someone else said be very careful using it. They’ll send you to the Dr. and they’ll do the works. Sleep apnea test, the whole 9.
And so?

You can't do the job......let's find out why?

Fair?
 

quad decade guy

Well-Known Member
1. Who said I was lying? I'm pretty tired come Saturday. Wish I had your boundless energy to slave away for capitalism. How does it feel that your compensation for working so hard is less than 1% of what the ceo makes?

2. 6 day work weeks shouldn't exist. Plain and simple.
Pretty tired....ok. But is this a medical condition? A disease?

See, this isn't about having a medical condition.......for you.

You don't like how the company is run and how much you get paid. You don't like working at UPS. And you are communist.

Again....quit. You have a choice.
See your argument makes no sense. You delivered 5 days a week and I'll say it again 5 days a week. You choose your weekend side jobs. You had a choice correct? Yes you did so kudos for living to work.

Again 60 hours in 5 days. I'll say again 5 days. See how what your saying sounds idiotic?
You have a choice too.

Is there really a difference in 5-13 hour days vs. 6 tens?

And my "choice" was keeping the lights on and mouths fed.

We can debate being idiotic....
 

Redtag

Part on order, ok to drive
I feel bad for you drivers, especially package drivers, sure you make a lot with your OT but that is a long day for a physical job.

There is no middle ground at UPS. They either want to starve you or work you to death. When I first started at UPS I got forced in every Saturday to do engine jobs or springs. Luckily these days the company is cheap and dont want to pay OT to automotive, I have not been forced on a holiday or a Saturday in years now, I have the seniority to get out of the few times they do force.... well except last peak I did get forced to work 9.5 days for about a month, only the top 2 in the shop got out of that one.
 

Buffet Master

FEEDAH FATTY
Wow. Ok....

Interesting.

So, you are going to determine the therapy for a sleep disorder? You? Really?

And, your PA has agreed to keep this from DOT? Skirting and avoiding and all that? It's interesting.....have you ever filled out those forms at your D O T physical? The ones that say "have you EVER?"......

See?

The real problem is not that you stroke out or have a heart attack......because hey, that's your personal business.....

But....what is....is when you stroke out WHILE DRIVING. A story: A friend who lies about his snoring(heavy smoker/alcoholic), had a wife that stroked out while driving and totaled her car....she was a heavy smoker, poor health....

Say, what training do you have in sleep apnea therapy, diagnosis etc.?

Say, so....if you determined that you had diabetes....and could buy insulin....you would determine your own treatment?

Your PA sounds like a back alley abortion doctor...
What I did do Hoss was consulted my personal doctor and got her recommendation for a sleep study. Then after doing it will listen to her advice on what the results are and course of action if any is needed. Does that sound like self diagnosis to you? Or is it doing things the way every other person without government intrusion into their job does things? Work on your reading comprehension a bit there chief.
 

quad decade guy

Well-Known Member
What I did do Hoss was consulted my personal doctor and got her recommendation for a sleep study. Then after doing it will listen to her advice on what the results are and course of action if any is needed. Does that sound like self diagnosis to you? Or is it doing things the way every other person without government intrusion into their job does things? Work on your reading comprehension a bit there chief.
Who is Hoss? The Guy on Bonanza?.....I'm no chief either...

Well, you didn't say anything about Doctors.....in your other prior post. My "reading comprehension" is based on your words....
And here we go with someone who is perfectly fine with Big Brother stepping in and dictating how you live your life. Have you ever seen the parameters that entail getting caught up in apnea diagnosis with a CDL? DOT/FMCSA should have no business dictating what I have to do on my personal time. They already are heavy handed enough.

I'm in no way discounting apnea is serious stuff. I skirted for a year getting forced into a sleep study at my last job. Getting hired at UPS actually got me out of it by using one of their approved Physician Assistants that does physicals as a side hustle. So I am thankfully avoiding DOT involvement and outright infringement into my personal life.

That being said, I'm not an idiot. I called and discussed this with the union benefits office and found out that sleep study is all covered. They outright purchase the CPAP as opposed to rental. So I have a sleep study scheduled for early December. Any results or outcome and how I use the machine if needed, will be on my terms, not the governments. As it should be.
Btw, all this "skirting" and avoiding and all....why is that?

As a person sharing "public, govt. regulated roads and commercial dlc's".....it is my/their(DOT) business.

I see several roll-overs/fatalities along my regional feeder run....every day/week. Why? Could be distraction or HEALTH issues....or even equipment failures.....all are "regulated" for preventative inspection/certification....designed to help professional driving made safer.....for the innocent victims/public.

And yes, I'm well aware of sleep apnea and it's DOT implications as I have it and being treated for it. The treatment has made a huge improvement in my energy level and state of alertness while driving over-night.

So, just curious......the forms you filled out with the PA side hustler(your words)....about your health......they are legal documents.
And I guess you are symptomatic/overweight/snore/fatigued/smoker or maybe all of those things that would have you consult your personal Doctor...

We have massively over-weight people at our hub. I've often wondered how they pass a physical....many smoke too.

BTW, I have to show therapy compliance(CPAP in my case) for a year at every physical. It's not "up to me" to decide. I don't get to "skirt" nor does my "legit" Sleep Doc....side hustle it....as it should be.

BTW, if you are "diagnosed" with sleep apnea....you will(BY LAW) have to disclose it on those forms....heck those forms even ask you when you last went to the doctor......and why....

BTW, have you considered the implications of being dishonest about all of this? I'm sure UPS would fire you in the hospital after an accident....for being deceptive(lying) on a physical. Guaranteed.

BTW, do you think the union/insurance(whatever) doesn't leave a paper trail for that CPAP? These records are easily accessible. Although....I guess you could buy a used CPAP on Ebay.....local swap shop....if you truly want to go "off-grid"...

Remember the Walmart driver who, killed a few kids while on falsified records...he's still being sued TODAY...as well as terminated.
 
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