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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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The customer canceled services for my job and 5 other employees

Customer Question

The customer canceled services for my job and 5 other employees who work the same local area. Leaving just the long distant drivers to fill in our drive times.
Local vs OTR-LONG DISTANT DRIVERS. I WAS INITIALLY TRAINED FOR LOCAL and long distant paper work but not the 1 day of actual driving. My boss is refusing to recognize that training and my seniority. I have just entered the union the same day I was given my 30 day notice. The union info, with a lot of other information, has been kept from all of us. Rules are not abibed by management. Nor are safety rules. Drivers are driving customers fatugied. The safety manager just quit. I have a disability that would keep me from doing much else. WHY CANT THE LOCAL DRIVERS USE SENIORITY TO BUMP OTR LONG DISTANT NEW EMPLOYEES AND WE KEEP OUR JOBS? UPSEU 1222 UNION? ( we here hired local.)
Submitted: 3 years ago.
Category: Legal
Expert:  Alexia Esq. replied 3 years ago.
Hi, my name is Alexia and I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you. With regard to your post:


The customer canceled services for my job and 5 other employees who work the same local area. Leaving just the long distant drivers to fill in our drive times. So sorry!


Local vs OTR-LONG DISTANT DRIVERS. I WAS INITIALLY TRAINED FOR LOCAL and long distant paper work but not the 1 day of actual driving. My boss is refusing to recognize that training and my seniority. If your union contract OR if you have an employment contract that provides for protection under your seniority criteria, then the employer may be in breach of contract if it fails to abide by that contract term.

 

I have just entered the union the same day I was given my 30 day notice. Your union contract will describe what rights you have under your work circumstances.

 

The union info, with a lot of other information, has been kept from all of us. I'd likely consider contacting the Union directly.

Rules are not abibed by management. Your Union should take a grievance from you, and provide union representation against the actions of the management if they are contrary to its Contract.

 

Nor are safety rules. Drivers are driving customers fatugied. Not good. That could also be violations of federal laws with regard to OTR carriers.

 

The safety manager just quit. I am wondering if that person could be an ally in all of this - since he/she may have felt compelled to NOT be a part of this company, given its lack of ethics and concern for safety.

 

I have a disability that would keep me from doing much else. If your disability is an ADA recognized one, the company may have been legally obligated to give you a 'reasonable accommodation', that may have been inconsistent with a let go.

 

WHY CANT THE LOCAL DRIVERS USE SENIORITY TO BUMP OTR LONG DISTANT NEW EMPLOYEES AND WE KEEP OUR JOBS? That will depend on your contract. Under the law, when there is no such seniority contract term, the employer is not required to subscribe to any seniority factor in determining who gets let go. HOWEVER, it IS usually found in Union contracts, so that is what you need to look at. UPSEU 1222 UNION? ( we here hired local.)If you can't get contact information for the Union from the employer, you can go HERE for that.

Optional Information:
Country relating to Question: United States
State (if USA): North Dakota

 

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

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