This is my first post after( numerous times to register with failure).
Its about wtd regs,I work nights which cover 00.00 to 04.00 hours
The company i work for has just renewed the 5 year opt-out of the 10 hour limit on nights,now where do I stand to the regards of refusing to opt -out of 10 hour limit.
As far as I am aware under the health and safety regs,the company CANNOT make you work any longer then 10 hours not including breaks.
Now the opt out was a" COLLECTIVE AGREEMENT" between the company and the union (unsure if recognised) there was no votes for the drivers it was all signed and sealed behind our backs so to speak,because the pay contract was up and the company offered a certain percentage (sorry can’t say as it will give away company details) and certain conditions and also a 2 year fixed agreement on the opt-out if we go ahead and accept it.
This has been signed by our shop steward.
Now the question is if i don,t agree to working more than 10 hours on nights,can they dismiss you and under what terms.Obviously the terms and conditions come under your contract,but my contract stipulates 13 hours maximum shift length but this is based on the day drivers contract.
Going back to the words" COLLECTIVE AGREEMENT" which is described in the cambridge dictionary as collective adjective
/kəˈlek.tɪv/ adj [before noun]
of or shared by every member of a group of people.
I also have another question, this poa crap ,is it or is it not down to the "discretion of the driver and not the law to use it.
THANS ROG FOR QUICK REPLY…
The answer is i am not in the union,i was in it but decided to quit because i felt it was a waste of money,everytime i rang them about a query, they either didn’t answer the phone or if they did answer it the person i wanted was out and they said would get back to me ,but they never bothered.I suppose they just go to work for the money just like us.
Yes i do work more than 10 hours some nights(drive plus other work) I never use poa as I am either driving or working or queing.
The question is why should i work more than 10 hours when some jumped up shop steward has signed my rights away for him to gain financely
I believe, not sure if right, that if the MAJORITY of drivers agree to opt out then the MINORITY have to follow suit but that is probably a question for an employment expert.
Whether or not you as an individual are bound by collective agreement will depend on any agreement between the union and the employer regarding none union workers, I believe it would be normal practice for the agreement to be put in place for everyone regardless of whether or not you belong to the union that made the agreement with the employer.
Really you need to see what agreement there is between the company and the union regarding none union workers, but don’t build up your hopes too much as I think you’ll be disappointed
even if i was in the union,what chance do i stand to opt -out.
what i cannot understand is ,howcome the drivers on nights never had a chance to vote either way ,it was just a quick signature behind closed doors.At a guess there was probably a backhander involved.
The other thing is what you have to realise is this breaks health and safety rules regarding long hours on nights which causes accidents due to drivers falling asleep at the wheel,Thats why they implemented the 10 hour rule.
i8uguys:
even if i was in the union,what chance do i stand to opt -out.
If you mean opt out of the opt out agreement … None
what i cannot understand is ,howcome the drivers on nights never had a chance to vote either way
You could take that up with the union but you’re not a member so they probably won’t be interested but at the end of the day nothing has really changed as you already had an opt out agreement in place anyway
it was just a quick signature behind closed doors.At a guess there was probably a backhander involved.
No comment
The other thing is what you have to realise is this breaks health and safety rules regarding long hours on nights which causes accidents due to drivers falling asleep at the wheel,Thats why they implemented the 10 hour rule.
Sorry but it doesn’t break any rules as long as there’s an opt out agreement in place
By the way i8uguys Welcome to Trucknet
Sorry I can’t give the reply that you would like but when push comes to shove we just tell it as it is
So what your saying is i have no choice but to grin and bear it.Do all the drivers get a written copy of the opt-out contract,as there is nothing down in black and white.
The majority of the drivers on nights do not agree with it either,also in my employment contract there is no mention of the working time directive whatsoever.I think i have a reasonable case to fight and if push comes to shove i shall take it to court.
Lets face it who wants to work more than 10 hours in any job especially on nights,your constantly tired all the time because you cannot sleep through the day because of everyday activities,ask any one on nights .
I CAN HERE YOU SHOUTING GET A DAY JOB ,but its not so easy and anyway i am not just referring to my self,I am talking for all the other drivers that have to endure working 12 hours or more because the schedulers can’t schedule your route properly.
p.s i don’t hate you guys its a username i thought up quickly
thanks for your replys.
Presumably the union represents the majority of the workforce and has a mandate to negotiate on behalf of the whole workforce, this is likely to be company policy.
The opt out agreement like any other agreement should be in writing but may be part of a bigger package.
As you already have a contract that allows for a maximum 13 hour shift and presumably have been working to that practice I doubt you have a leg to stand on to be honest.
As you feel so strongly about this I would suggest that you have a word with some of the other drivers who are union members and see if this was agreed at any time or if the representatives were elected on the understanding that an opt out agreement would be extended.
for a start, theres nothing you can do about it if as a collective workforce opted out of the 10 hour rule, what i didnt like was the fact that the union stewards did not hold a ballot, which is illegal.
I would advise union members to ask the shop stewards for the ballot results, and ask them how they gave up the workers rights to a 10 hour night shift rule. it is possible that this was a part of the deal in the wage rise negotiations, that drivers had to accept the opt out in order to get the pay rise, a fact often missed during union meetings.
Back to point 1. if union members did not hold a ballot to opt out, and it wasnt part of the wage rise negotiations, then they have to right to a re-ballot on that issue.
We had one at our company whilst i was off sick, and because i am a rebel, i decline to work more than 10 hours if and when the need arises, because i didnt opt out personally…but thats me…and if i wasnt retiring soon, would probably lose my job because i dont conform…
it seems to me that 13 hrs is a normal night shift pattern in your company in order to complete the firms business comfortably, which is not too bad, depending on wages etc, but as they say…if you dont like it, lump it…
