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  • union trucking weight/break ino

    Can an empolyer force, under threat of unemployment, union (or any) cdl licensed drivers to haul overweight? While actual gross weight is legal on road, it is overweight for federal bridge weight laws. And, while I can find no laws regarding breaks in Ohio, are there any federal laws to guarantee rights to lunch and two 15 minute breaks/day at a minimum? Wife's employer watching carefully to make sure breaks are taken, suupposedly due to recent litigation with Wal-Mart (per employer), while mine is telling us no breaks. thanks.

  • #2
    Originally posted by tazdev View Post
    Can an empolyer force, under threat of unemployment, union (or any) cdl licensed drivers to haul overweight? While actual gross weight is legal on road, it is overweight for federal bridge weight laws. And, while I can find no laws regarding breaks in Ohio, are there any federal laws to guarantee rights to lunch and two 15 minute breaks/day at a minimum? Wife's employer watching carefully to make sure breaks are taken, suupposedly due to recent litigation with Wal-Mart (per employer), while mine is telling us no breaks. thanks.
    I would speak to your union rep, but in the meantime, I will ask a trucker I know. Someone else may answer before I do. Do you have to cross any of these federal bridges in your haul?

    http://www.dol.gov/dol/topic/workhours/breaks.htm

    According to this link, Federal law does not require lunch and breaks, but if they are offered, there are rules to be followed for them.

    There are no laws in Ohio, for breaks or lunch breaks, so sorry! I don't agree with it, but there are a few states out there, that has not passed any laws requiring it.

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    • #3
      Union rep/union has not been of help. Route includes bridges along interstate highway as well as state and local routes. thanks.

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      • #4
        Originally posted by tazdev View Post
        are there any federal laws to guarantee rights to lunch and two 15 minute breaks/day at a minimum?
        For federal laws on breaks, aside from any rules that apply to truckers, pilots and the like, there are none.

        That does not mean there are not specific rules regulating you, if you transport between states. I don't have enough knowledge of that aspect to begin to search.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Tazdev
          Being a class A CDL driver I can tell you that no one can make you break the law. If you were to go over a bridge knowingly overweight and that bridge collapses guess who will be sued. The company may state they will pick up any fines you incur but don't count on it. If the company terminates you because you refuse to break the law I'm sure you would have some recourse
          Good Luck
          Tom

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          • #6
            I totally agree with tpm419, you employer cannot force you to break the law. You as the driver are responsible, it is your drivers license number indicated on citations. If you are hauling overweight or overwidth all you need is a permit. They are not very expensive, but they are lot less than a fine for being overweight.

            We are in PA and if we have a load that starts or ends in our district we can get a permit from our local PennDOT office, otherwise we use a permit service.

            There are several permit services than can procure a trip permit for your company to move loads. They will route you to avoid any bridges with weights limits that wont support your load.

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            • #7
              No, they can't force you to run illegal. If you have a union, you should start there, and speak with your union rep about it.

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              • #8
                No they can not make you haul more than you are supposed to. http://www.fmcsa.dot.gov/rules-regul...ection_toc=778 See Part 658.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #9
                  If your union rep is not doing as he/she should, there is a grievence process there also, and the union rep, should be makeing sure your employer upholds the law! I wish you the best of luck!
                  Last edited by turbowray; 03-30-2007, 08:42 PM.

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