do i have a case?????

I am a road driver for YRC in cincinnati oh. i was refused work/ fired for walking out on the job (per employer) the following is my statement
...On 9-10-11 I was called for work at 4:21 pm Derrick, and was asked if it was ready to go, I said yes! And then was given (and) excepted my work call for a akron,oh with an open dispatch upon arrival. He said ill see ya in two. ( nothing more was said to me in that call)! when I got to work at 6:00 pm (give or take a few min. ), I looked for my bills (as they are most always done upon arrival) and did not see them , so I asked kent if I was still hooking and he said no. not thinking nothing about it, because I seen that he was alone in dispatch, on the phone and had a desk full of bills he seemed to be gathering. I thought he was getting mine together. So I went over to the desk and started my log/paperwork that I could do without my bills. When I got done with all I could do without my bills , I asked kent once again if he had my bills. He then came to the window and handed a paper and told me I needed to sign it. I looked it over and realized what it was, This was info requested from the grievance # 16332, filed on 9-1-11. After further inspection, I noticed a discrepancy ..The time punch seemed to be altered ( or ) Double stamped /Unreadable. Not only that, I told kent it should not to be turned into me...it was to be turned into the union hall (or) the steward...and due to the discrepancies, I was not going to sign it. (Kent said) you got 10 min.....I took that quote to mean , I had 10 min. until I was to be dispatched. as I still had not gotten my bills. Kent then went out into the lunch room area, I thought, or at least out of the drivers area, at that point I still did not know why or what was going on...after several min. went by Kent came back with a yard man , Mr. David Howard, he introduced me to him, and kent told me that he needed him for a witness and to verify that I refused to sign under protest. As I was discussing the situation to Mr. Howard, kent returned to the dispatch office. A few min. later he came back and I continued to explain my situation with David and Kent. That’s when Kent said that he talked to Mr. Brown and was told, that if I did not sign it I was not to go out. By that time it was already established that I was not going to sign it due to the fact that David already verified it, and now finding out that I was not to be dispatched for not signing, I stamped a chit card and asked David to verify that I was refused work for not signing and told Kent that I was to be paid for my 6 hour show up and I would take it up at the union in the morning. i was told i walked off my job by my employer and was refused further work. i have a witness to this statement.

9-12-2011

1 answer  |  asked Sep 18, 2011 7:34 PM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
The real question is what type of case you may have, I presume that you have grieved the YRC's actions on the call in business and the alleged refusal to accpet work. I know YRC is under pressure financially, but this sounds like unfair treatment. The unfortunate part is this does not reaise any issues other than breach of the union contract in terms of fairly treating union members. It seems to me that YRC and the union will have to work this out. The breach of contract issue with YRC cannot be reached without showing that the union breached uts duty of fair representation.

We do not handle these claims in my office, but you can find an employment lawyer near you who will talk about this type of case. You can find an attorney at www.oelasmart.net/directory

posted by Bruce Elfvin  |  Sep 19, 2011 3:18 PM [EST]

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