Tuesday, August 25, 2009

FedEx Helps Advance Organizing Drive Move Forward

Hugo was asked to take a turn from San Bernardino to Gardena and back. He is a driver from our Gardena terminal. He had already been on the clock for 8 hours, including lunch.

When asked to go, he told Alex, a supervisor from SBO that he was very tired and if they were going to send him back to his domicile, he would take the trailers that clc wanted him to move to Gardena, but that he was fatigue and did not want to return to SBO.

So Alex said he would be back to check on what clc wanted to do. When he returned, he asked Hugo for his tractor keys and said the he was done. Hugo asked Alex what he was to do about getting back to his domicile in Gardena. Alex told Hugo that “he was on his own”!

So Hugo had to call his son at 3 o’clock in the morning to pick him up!
Now this company preaches that, as drivers we need to be fit, alert and ready to go. “Safety First.” Right! Here you have an employee with many years of service and explained that he was fatigued after a long night on the dock. He was not disrespectful to his superior and was up front on how he was feeling “safety first”.

Now you have someone hundreds of miles away making a decision on someone’s safety and well being. Someone who most likely is just sitting on his ass, maybe someone who has never worked the dock before and whose hardest decisions at work is to decide “do I want sugar & cream, in my latte?”

If this is not a good example of why we need to "FORM" a union here at FedEx, then all of you who say "No" deserve what this company will do to you!

20 comments:

Junction said...

General

§392.3 Ill or fatigued operator.

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.
[35 FR 7800, May 21, 1970, as amended at 60 FR, 38746, July 28, 1995]
__________________

frankiez said...

Nasty situation and I hate to remind you that I told you so.
I've always said,"If they sell it and you buy it,it's sold".That is they'll run past you all kinds of stuff like this and if YOU don't stand up-YOU BOUGHT IT!!!.
Now,all I can add to the situation is that AGE DISCRIMINATION TRIGGERS AT AGE 40.You figure out where to go from here.
When are you people going to stand up and say NO MORE?
Do yourself a favor and watch the Speilberg movie," Holocaust Survivors".It illustrates perfectly what happens when your rights are slowly erroded away.Just like the frog in boiling water.Some of the survivors,like some of you, made all kinds of excuses,like it will all work out,it's the economy,times are tough and,the best one,they have our best interests at heart.Yeah they did-a gas shower.
What an indignity to place Hugo in.At least 50+ miles from his home terminal and he's told to figure out how to get home on his own.Doesn't this give you a clue about your status with this company.YOU ARE A BODY-THAT'S ALL.
As I've stated previously,THEY DON'T CARE ABOUT YOU!!!
If an occasional hot dog,bag of chips and a can of soda can buy your loyalty at one of the rare corporate cookouts,eat hardy,you'll need it.
Finally,the law firm that handled Roy Taylor's law suit-and he's STILL HERE after filing the suit-would probably entertain taking on this case in regards to age discrimination.If you're interested contact me.How? Make the effort then I'll know you're serious.This goes for not only Hugo but anyone with a similiar situation.
Balls in your court or will things work out for the best?

FRANKIEZ
IDENTIFIED

Joe Nuno said...

Let me tell you what happen to this driver from Gardena, this driver from Gardena had already worked 8 hrs plus lunch and ask to be dismissed from work. Reason he asked to be dismissed was he was not feeling well and also feeling fatigue, but never refuse to work. This driver only ask when he arrived at his domicile to go home. So what does FedEx management do to this driver in San Bernardino? They ask for his keys of tractor and escorted off of yard at 3:30 in the morning, no way of getting to Gardena yard for his car. Is this fair? hell no!! it's National Labor Relation board and sueing.

Anonymous said...

This is not the first time that this situation happen at fedex freight im sure you guys remember Tito Ayala when he had the same situation " FATIGUE" Tito called C L C 3 times that he was sick finaly CLC let Tito go home from LOS ANGELES CA TERMINAL to his domicile ANAHEIM CA that morning Mike Hutton called Tito not to come to work becouse you are suspended for abandon you job and becouse you pulled a wrong tailer full of emty racks Tito was ill all night long that's probably why he pulled the wrong trailer from whittier to los angeles 13 miles away anyways Tito was fired a week later this guy was a good worker he never missed a day of work for 2 years and half never called sick you can ask Mike Hutton for Tito's record that was perfect Tito unemployment benefits were deny thanks to Mr Hutton but Tito took Hutton to unemployment court and he won his unemployment case Tito was fired for union organizer im sure they are doing the same to Hugo Arias from gardina for being a union organizer it is time to make a case against fedex freight this is ritaliation against this gardena driver you are not along brother Hugo we will make a case with the teamsters will help you.

Anonymous said...

Also this combo driver from ANAHEIM CA TERMINAL only asked CLC when he arrived at his domicile from los angeles ca to go home after 11 1/2 hours on the clok and being sick all night long that was D.O.T rules violation he was suspended for abandon his job that's a F...G lie this driver was fired a week later shame on you Mike Hutton you did not fired this driver for abandon his job or pull a trailer full of pallets and emty racks 13 miles away i hope this driver is sueing Mike Hutton for wrongfull termination just like JESSE LOPEZ IN WHITTIER CA sueing GREG FAITH for wrongfull termination for being union organizer and now they want to fire HUGO ARIAS not for being ill or fatigue or maybe for being in favor to form a UNON like i said this will be another National Labor Relation Board case against FEDEX FREIGHT for firing UNIONS SUPPORTERS just remember that fedex is playing against FEDERAL LAWS THE LAW OF THE LAND.THE FEDEX PRO UNION DRIVERS.

Anonymous said...

392.3 ill or fatigued operator.

fedex followed this rule. the driver said he felt fatigued and fedex took him out of the truck. now i don't think it was fair that fedex did not provide him transportation home, they fedex, did not treat him fair and he is not the only one who has been screwed over this past year. that being said hugo is a good guy, safe driver and company man, has been for over 15 years. if you look at the last part of that rule, the nearest place at which that hazard is removed was sbo, sorry. but they should have given him the choice to either wait and ride with the next driver to gardena or called a cab for him. allowing him to pull a set to gardena would be breaking the 392.3 rule and now fedex would have been on the hook if something happened.

Anonymous said...

Let us do some math here, over at UPS our top 5 CEO makes 12 million a year salaries, 12 million per CEO. Now over at FedEx your top 5 CEO makes 35 million a year and also 35 million per CEO, wow that's 23 million differents x 5= 115 million a year. That 115 million dollars that could be shave from those CEO and keep paying your longhaul runs normal instead of putting them on your docks and also keep your dock workers on full time. That's corporate greed you are witnessing there brothers and sisters of FedEx, have a Teamster contract, have job classifications. Don't be the sucker of your purple promise Motto!!!! UPS Ontario Hub feeder Driver RAUL.M

Anonymous said...

Just to let you know on Tito's story that day this driver started his shift at 7:45 pm as a combo driver he was putting 10 to 12 hours a day for 2 1/2 years as a combo driver that day this driver was ill he called C.L.C dispatch he ask to be dismissed from WHT to his domicile anaheim that he was not feeling well and fatigue C.L.C did not care about this driver being sick they knew that this driver never called sick or ask to go home early also he was a TARGET FOR BEING A UNION ORGANIZER this guy was treated like shit by all F.L.C dispatchers DAVID CASTANEDA AND ROGER never gave a good run Tito becouse his union organizing drive they keep Tito on the dock while others"prefer combo drivers" were running SDO.BKF.OXN.OTM.D CENTER that's 100 plus miles one way and Tito was getting 13 miles to LOS 22miles to GAR or 25 to ANH David Castaneda used to set this driver so he can be the last ANAHEIM driver leaving WHT terminal everyday this driver was abused by fedex management they were forcing this driver to quit he was getting only 146 miles on the road every night plus dock time Tito never reach top scale pay in 2 1/2 years at fedex freight becouse ANAHEIM MANAGEMENT never gave full raise to this pro union drives he was always cut 50cts short in his review remember this driver was putting 12 hour a day without getting pay delay time post trip brake his set paperwork take the tractor to the shop for repair now he was fired becouse he abandon his job that's another f...g lie shame on you Mike hutton fom a EX LINE DRIVER NOW A UNION SUPPORTER.

Anonymous said...

jesse lopez wont win because the company has evidence of his stupidity that caused him to get fired , he did not get fired for being a union supporter , and you know that , tell everyone that sees this blog the truth dont be lies like fedex

Anonymous said...

Now if Jesse Lopez was fired for stupidity and the company has evidence now why is it that the company "Greg Faith" did not showed up at the Jesse Lopez unemployment hearing because no evidence thanks to Greg Jesse Lopez unemployment’s benefits were denied so Jesse won his unemployment case this is not the first time Greg tried to fire Jesse this was the third time I’m sure Jesse was fired for being a union organizer and he will prove it there is a lot of witness that knows that Jesse Lopez was organizer and he has been at the union hall meetings I’m telling everyone that sees this blog the truth about JESSE LOPEZ now why Jesse did not get fired when he flipped over a trailer in WHITTIER TERMINAL a couple years ago that's right because those days Jesse was not a union supporter also Jesse caught a employee stealing from the company that's being a honest driver this is the way FEDEX FREIG rewards a honest worker I know that Jesse may have done something he should have been give him a warning first or suspension not being terminated remember this was a driver with 20 years with the company he was fired for being a union organizer "AND YOU KNOW THAT" no more lies you must be Greg Faith spy or brain wash anti-union remember was goes around comes around GO TEAMSTERS GOOOO.....remember Greg tried to push and forced Jesse into Greg's office and that' against the law SAL HERNANDEZ AND THE HEAD OF FEDEX FREIGHT SECURITY DID WITNESS GREG'S MISCONDUCT.
Publish Reject

Anonymous said...

RE JESSE LOPEZ, WHAT WAS THE STUPID THING THAT THEY SAY HE DID. FORGET TO GET A SIGNATURE ON A BILL LADING. MISSED A TALLEY OR DID HE FAIL TO ASK FOR A JOM.
WE KNOW WHAT HE DID AND HE WAS PUNISHED FOR IT. THE TEAMSTERS DO TOO. FEDEX SHOULD FIRE GREG AND THE SONNER THE BETTER. IN FACT, FEDEX COULD SAVE A BUNDLE IF THEY CUT 1 OPPS MGR FROM ALL THE WEST YARDS THAT HAVE 2 AND THEY SHOULD LOOK INTO WHY SOME YARDS HAVE SO MANY SUPERVISORS WITH SO LITTLE WORK AS THEY KEEP TELLING US. THE BILL COUNT IS DOWN AND THE HIGHLY PAID MGRS ARE STILL HERE GETTING PAID FOR STANDING AROUND. THIS GOES TO SHOW EVERYONE THEY HAVE MONEY TO BLOW JUST NOT ON BENEFITS AND PAY. THEY SHOULD PUT GPS ON THESE CLOWNS IF THEY WANT TO SAVE MONEY.

Anonymous said...

I heard Hugo was given a night off and he still has a job. I have not talked to him so I hope its true however they fedex should still investigate as to why he was not given a ride home or back to his service center. If he was fatigued to a point of falling down or walking into traffic or something fedex could have been held to answer for that and would have if it had been Me or one of my kids. Treat people the way you want to be treated right fedex like a piece of trash. thats why the teamsters are comming make all the changes you want were here and were growing in numbers because you dont treat people like people or at least the over staffed managers and opps mgrs do not. And the Survey says TEAMSTERS

Anonymous said...

Rudy and Joe THE VIKING FREIGHT SYSTEM FAMILY we wish to hear about the union organizer from FEDEX FREIGHT SUMMIT CHICAGO TOMMY GLASS that was fired for union organizer in 2002 to 2005 right after FEDEX TOOK OVER we would like to hear from Tommy is there any way that you Rudy or Joe can contact this brother we would like some advice with his experience being backed up by THE LOCAL 710 IN CHICAGO we have a few organizers being fired and others harass or intimidated by FEDEX MANAGEMT like HUGO THE GARDENA SHUTLER DRIVER OR BRUCE THE ANAHEIM SHUTLER DRIVER we would like to know if MR GLASS is active on the organizer drive in SUMMIT CHICAGO we need his support in CALIRONIA FROM " THE PEOPLE" WHO WANT TO FORM A UNION GOD BLESS RUDY AND JOE AND THE FEDEX WATCH DOGS FOR WHAT THEIR DOING FOR US THE DRIVERS DOCKWORKERS MECANICS OFFICE CLERKS AND WHY NOT "DOCKSUPERVISORS EX DOCK WORKERS".THANKS BROTHERS AND SISTERS.

Joe Nuno said...

Workers who are not covered by a union contract are considered to be "at-will" employees. "At-will" is exactly what it sounds like. You are on the job at the will (or desire) of the boss. Your employer can hire and fire you when s/he wishes. Taken to its extreme, your employer could fire you because you remind him of his ex-wife. Your employer can also change your pay, working hours or benefits if she wants to, because you and your co-workers have no one looking out for you.
A union changes the at-will employment status for organized workers. This means that an employer must have a "just cause" (good reason) to fire or give an employee a worse job. Even if a worker is fired, the union can "file a grievance." This is the method used by your union and you to make sure your employer keeps his/her end of the union contract — it's an official complaint. A grievance can be filed to protest the firing and in some cases get the employee back on the job.

Joe Nuno said...

We must change fedex to win!!!
When a union is looking out for the workers at a particular workplace, the employer cannot change the pay, benefits or hours simply because s/he wishes. S/he would have to negotiate with the union (US) and the union (US) would have to agree. Even if the union(US) does agree, it will try to get something in exchange that may make things better for the workers. Simply put, a union(US) gives you something you never get otherwise — a chance for you and your co-workers to sit down across the table from your boss as equals, and have your say on issues that affect your life in a big way.

Joe Nuno said...

See who wants a change. First you need to quietly feel out your co-workers’ level of interest. Are people distressed, disgusted, angry and ready to make changes? No need to make lots of noise at this stage – in fact, the longer you can work on the drive without your employer knowing, the better. It gives him/her less time to prepare.

frankiez said...

Who is Lech Waleas?
Attached is an article about him.
Sooo,what does it have to do with you?
Simply put Mr. Waleas stood up to an oppressive COMMUNIST regime to gain rights,respect and other benefits for himself and thousands of fellow workers in Poland.Where intimidation by the Communist Party (Company)was usually followed by imprisonment.
Mr. Walesa STOOD UP and refused to take it anymore-AND WON.
Soooo,are you getting a message here?Or are you comfortable being treated like citizen in a Communist country Comrade?
Rise Up!!Get a Teamsters Contract.

Anonymous said...

AT WILL does not work at UPS FREIGHT ANYMORE in pico rivera terminal our shop stuart was fired by management he was the main union organizer driver in pico rivera terminal he was set up by the dispatcher the UNION fought back and got the union stuart job back after 6 monts with back pay thanks to RAMIRO ALONSO our business agent we took the company to arbitration and we won our first case so as a ups freight driver i ask to the fedex freight workers to form a union i understand some of you are confused what is like to work in a union company and have to pay dues is only 52 a month that include benefits retirement compering to fedex"DUES 200 A MONTH FOR INSURANCE AND NOT RETIREMENT" we at UPS FREIGHT also were confused at first but now we are union members now we got DIGNITY AND RESPECT AND JOB SECURITY no more reviews like fedex when you get a rise is autmaticly every 6 months if you are a new hire 18 monts to get top pay not 3 years plus like fedex this is thanks to our TEAMSTERS UNION CONTRACT AGREEMENT heard fedex fired some union organizers harassing and abusing workers no benefits line driver being dock workers dock drivers doing line work ill or fatigue drivers not getting transportation back to their home terminals sick drivers have to call their family at 3:30 in the morning to get a ride home shame on FEDEX FREIGHT this a D.O.T violation it's a national labor relation board and sueing case THE PICO RIVERA UPS FREIGHT TEAMSTERS LOCAL 63.

Joe Nuno said...

See who is ready to act. You’ll need to pull together an organizing committee. Members of the committee spend time talking to co-workers, on and off the job. They circulate union cards and help put flyers together, meet frequently with union staff and each other. No drive can succeed without a solid core of people willing to put in some serious hours.

Joe Nuno said...

( FOLLOW AND OBEY ALL RULES WHILE WE ARE ORGANIZING) We want to stress that while you are organizing, do not give management a reason to fire you! An employer can legally fire someone if s/he is often late; isn't really sick but uses his/her sick time; has a poor job performance; or steals something from the work site. Protect yourself and your fellow union supporters by not giving your employer a reason to get rid of you (and his/her "union problem").
An example: A worker is always late and the manager overhears her talking to one of her coworkers about signing a union card. The next day she comes to work late again and is fired. She was not fired for talking about a union but for being late! Our employee may not have any grounds to complain because her manager is going to say she was fired for always being late. It will be up to our worker to prove that she was fired for supporting a union organizing drive and not for being late. Unfortunately, that is a very time-consuming process and if she hires a lawyer, it can be very expensive.