The Coercion law

Discussion in 'Report A BAD Trucking Company Here' started by RUSSELBURG, Apr 3, 2016.

  1. RUSSELBURG

    RUSSELBURG Light Load Member

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  3. drvrtech77

    drvrtech77 Road Train Member

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    I had it happen last week in fort worth...the yard driver said I couldn't park there but I told him im out of hours and can't move..he said well just drive down the street..I showed him the law and,the attitude changed quick...I stayed the night till my break was up and rolled out with my load.
     
  4. Dryver

    Dryver Road Train Member

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    You lucked out Drvrtech77, all the yard drivers I encounter don't care and nothing changes their mind.
    Typically "The boss says you have to leave, you have to leave, NOW" I have offered a few bucks to park in an out of the way corner, nope. "You leave NOW"
     
  5. dog-c

    dog-c Road Train Member

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    I've also cited section 405 of the s.t.a.a. act when being F'ed with.

    Section 405[edit]
    Effective in 1983, Section 405 (49 U.S.C. § 31105) was enacted to encourage employee reporting of noncompliance with safety regulations governing commercial motor vehicles. Congress recognized that employees in the transportation industry are often best able to detect safety violations and yet, because they may be threatened with discharge for cooperating with enforcement agencies, they need express protection against retaliation for reporting these violations. See, e. g., 128 Cong. Rec. 32698 (1982) (remarks of Sen. Percy); id., at 32509-32510 (remarks of Sen. Danforth). Section 405 protects employee "whistle-blowers" by forbidding discharge, discipline, or other forms of discrimination by the employer in response to an employee's complaining about or refusing to operate motor vehicles that do not meet the applicable safety standards.

    Congress also recognized that the employee's protection against having to choose between operating an unsafe vehicle and losing his job would lack practical effectiveness if the [481 U.S. 252, 259] employee could not be reinstated pending complete review. The longer a discharged employee remains unemployed, the more devastating are the consequences to his personal financial condition and prospects for reemployment. Ensuring the eventual recovery of backpay may not alone provide sufficient protection to encourage reports of safety violations. Accordingly, 405 incorporates additional protections, authorizing temporary reinstatement based on a preliminary finding of reasonable cause to believe that the employee has suffered a retaliatory discharge. The statute reflects a careful balancing of the relative interests of the Government, employee, and employer. It evidences a legislative determination that the preliminary investigation and finding of reasonable cause by the Secretary, if followed "expeditiously" by a hearing on the record at the employer's request, provide effective protection to the employee and ensure fair consideration of the employer's interest in making unimpaired hiring decisions.

    Truck drivers who believe they have suffered retaliation for reporting violations, refusing to commit violations, or participating in proceedings, can seek relief from the U.S. Department of Labor. Under STAA, truck drivers who believe they have suffered an adverse employment action (such as discharge, demotion, discipline, or denial of advancement), have 180 days to file a simple written complaint with Occupational Safety and Health Administration (OSHA). The complaint can be postmarked or faxed to meet the deadline. If OSHA determines that a violation did occur, it can issue a preliminary order requiring reinstatement during further proceedings. Both sides will have an opportunity to present their evidence in a recorded hearing before an administrative law judge (ALJ). The ALJ's decision is reviewed by the Administrative Review Board, and parties can appeal to federal courts of appeals.

    In 1987, the U.S. Supreme Court ruled in Brock v. Roadway Express, Inc., 481 U.S. 252, that due process requires that employers receive prereinstatement notice of the employee's allegations, notice of the substance of the relevant supporting evidence, an opportunity to submit a written response, and an opportunity to meet with the investigator and present statements from rebuttal witnesses. These procedures provide a reliable initial check against mistaken decisions
     
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  6. RUSSELBURG

    RUSSELBURG Light Load Member

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    Evansville,In
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    That's why I downloaded a app on.my phone called (call recorder)
     
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  7. Anonymousproxy

    Anonymousproxy Road Train Member

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    Try telling that to wal mart though....
     
  8. mjd4277

    mjd4277 Road Train Member

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    ^They'll learn the hard way when federal investigators start knocking on their front door.
     
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  9. Sea0fgreen

    Sea0fgreen Light Load Member

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    "Will be towed at owners expense"
     
  10. Eckoh

    Eckoh Medium Load Member

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    if you are in your truck it cannot be towed. If they attempt it the charge is then kidnapping. Also park in a place you have an out but not in a place a tow truck can get you out.

    The law is the law and a city law cannot supersed a federal law. CMVs are under federal jurisdiction so you need a copy that is dot certified to even ask you to move.
     
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  11. born&raisedintheusa

    born&raisedintheusa Road Train Member

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    Security can be called to force a driver out of his or her truck, before the truck gets towed away.

    God bless every American and their families! God bless the U.S.A.!
     
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