Tuesday, March 24, 2009

Ticket Reporting Consequences

I am a Lifemember of OOIDA and enjoy reading your articles in "Landline".
Prompted by your invitation to submit questions to you I submit the following:I am a linedriver for Fedex Freight, Inc.
Newly implemented rules require all drivers (city and line) to submit to corporate safety department within 24 hours receipt of a citation.This requirement does not present a problem.
The issue many of us have is that the company will register the original ticket into your file and utilize it to determine your employment status.
We feel that if we manage to negotiate the ticket to a lesser charge or get it dismissed entirely that the company should recognize the final charge and not the original charge.
The question.
Do we have valid legal standing?
If so what would be the procedure to pursue same.
Thank You

The only requirement under Section 383..31 of the FMCSR is to report a conviction to your employer and licensing state within 30 days of that conviction. What your company has set up is a system similar to SAFESTAT, whereby they are looking at violations written and not final convictions/dispositions.

Of course the company has the right to make its own poilicy, however I would look to any grievance procedure in your policy/employment handbook if negative consequences result from this set up. There is a strong argument that you are innocent until proven or plead guilty to a charge. If there is nothing in the handbook, then your fall back would be possibly the Department of Labor, EEOC or Union if so represented.

James Mennella

1 comment:

Anonymous said...

Had a tail light out what should i do now.