Second Class Drivers

Coldworld

60 months and counting
It's a lot simpler than that.


"I won't be in today, I am fatigued." Click.

Not.... I'm tired, stressed, don't feel good or sick....


I am fatigued. End of story.

Words make a difference.



-Bug-
Feeder drivers know this well...”I’m taking myself out of service.... I’m fatigued “....honestly, how many package car drivers know they can do the same thing.... not many, especially the younger drivers....I bet most onroads would think a driver was joking if they answered a call pertaining to that...
 

Box Ox

Well-Known Member
Feeder drivers know this well...”I’m taking myself out of service.... I’m fatigued “....honestly, how many package car drivers know they can do the same thing.... not many, especially the younger drivers....I bet most onroads would think a driver was joking if they answered a call pertaining to that...

UPS Air (“chair”) Force vs UPS Marines (boots on the ground). Expectations regarding work conditions and treatment probably do vary. You’re not wrong that drivers on both sides should do so, though.
 

BigUnionGuy

Got the T-Shirt
"Fatigued" gets you an infraction.
FMLA doesn't.


Let's see the company argue that, in a hearing.

If you want to go the FMLA route.... have at it. It requires a doctors appointment

and recommendation for it plus approval. Then, you are burning vacation days after that.



-Bug-
 

BigUnionGuy

Got the T-Shirt
Bug I need a coffee
Go fetch
FACT


Every time I need a good laugh, I just go to YouTube and watch your video at the IBT.


You sound like the guy from Fat Albert.


latest




"Here I am, at the Interbanationable Teamberters of BBaBahouthermould.


:lol:
 
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Let's see the company argue that, in a hearing.

If you want to go the FMLA route.... have at it. It requires a doctors appointment

and recommendation for it plus approval. Then, you are burning vacation days after that.



-Bug-
If there's a state or jac panel decision on "fatigued" being exempted I'd like to know it if it covers Ohio or the Central Region.

Our doctor said he can get the work load reduced to an 8 hr day. Approval would have to be within the federal guidelines now wouldn't they?

There was at least one OSHA case where a driver said he wasn't well enough to drive, got a Drs note to that effect, and when the company disciplined him for taking off work they got fined.

Is that parallel?
 

BigUnionGuy

Got the T-Shirt
If there's a state or jac panel decision on "fatigued" being exempted I'd like to know it if it covers Ohio or the Central Region.


A State or JAC panel would never make a "blanket" ruling like that.

It would be " based on the facts in this instant case....".


Our doctor said he can get the work load reduced to an 8 hr day. Approval would have to be within the federal guidelines now wouldn't they?


Your doctor is delusional. That would be an ADA type situation and there is no chance

that would fly. Maybe back in the 90's when the ADA was implemented.... not now.


There was at least one OSHA case where a driver said he wasn't well enough to drive, got a Drs note to that effect, and when the company disciplined him for taking off work they got fined.

Is that parallel?


Never heard of that one.

The only risk you run, is the company could require a "fitness for duty" evaluation.


It's kind of a dealers choice situation.

Maybe get approved for FMLA or go the route of fatigue, and make the company prove

a case against you. Because then again.... At least in the Central Region....


What is the mutually accepted standard on attendance ?

Hint: there is none.



-Bug-
 
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A State or JAC panel would never make a "blanket" ruling like that.

It would be " based on the facts in this instant case....".





Your doctor is delusional. That would be an ADA type situation and there is no chance

that would fly. Maybe back in the 90's when the ADA was implemented.... not now.





Never heard of that one.

The only risk you run, is the company could require a "fitness for duty" evaluation.


It's kind of a dealers choice situation.

Maybe get approved for FMLA or go the route of fatigue, and make the company prove

a case against you. Because then again.... At least in the Central Region....


What is the mutually accepted standard on attendance ?

Hint: there is none.



-Bug-
In other physical conditions an orthopedic surgeon can and will file for a reduced day.
I'll look up the OSHA case and the FMLA perimeters when I get time.
 

Chester

Well-Known Member
Your doctor is delusional. That would be an ADA type situation and there is no chance

that would fly. Maybe back in the 90's when the ADA was implemented.... not now.
We actually have a driver who can only work 8 hours per his doctor, he also uses FMLA for random days off, we all hate the guy. @BigUnionGuy stop acting like you know everything.
 

1989

Well-Known Member
We actually have a driver who can only work 8 hours per his doctor, he also uses FMLA for random days off, we all hate the guy. @BigUnionGuy stop acting like you know everything.
I know at least 5 drivers that get random FMLA days off. They will try to let them know the night before. But often call in that morning.
 

BigUnionGuy

Got the T-Shirt
I know at least 5 drivers that get random FMLA days off. They will try to let them know the night before. But often call in that morning.


Intermittent FMLA days.... no problem, if you are approved for that.

And you are burning vacation days because of it.


Reoccurring, or 8 hr days because of FMLA ?

I call BS.


That would be an ADA accommodation.



-Bug-
 
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