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Thread: cls and sm and p merger

  1. #16
    Senior Member frostypeters's Avatar
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    Default Re: cls and sm and p merger

    Tammayne,

    Powersweep is right about going up the ladder the right way. It does sound like your husband is on the bad-end of an asshat (thx shovelhead) supervisor.

    If his manager is worth anything, he will make things right, however. Once he does this, if action is not immediate, you must protect yourself. Now, we all like to go straight to "I'll sue!!!" But the fact of the matter is most of the live in "right to work" states and therefore legally, there is very little we can do.

    Now, heed these words...

    One, make sure your husband gets some rest immediately. Do it the right way, explain AGAIN, the doctors orders. DO NOT have him go back until he is physically fit. The training will be there & we all know the work will still be there.

    Two, protect yourself (and your husband) against idiot, useless managers. There are a lot of them in this business & they all think they know better. It's not hard to seperate the good ones from the bad, but bad ones can make life miserable. Your husband needs to do his job to the best of his ability, we all do, but we need to understand what is working hard & what is excessive. Most locators have a little trouble with that part. Take the time and do your homework, look up state labor laws if you have to, but if you are going to play the "legal" card you have to make sure your house is in order. It's no secret the industry will push & take everything its locators will give them without much remorse when they break, they are also acutely awhere of what defending themselves in court costs also. Which means the GOOD managers will bend over backwards to make things right when an low level subordinate makes a bad decision the makes the company liable for lawsuits. Be prepared to protect yourself & document everything, but I think you will find that the DM and/or Regional Manager can & will make things right.
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  2. #17
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    Default Re: cls and sm and p merger

    When your husband is cleared to work by his doctor, he can contact his supervisor and go back.
    In which case, what may happen, because it's happened before, is that SMP could say that your position is no longer available and send you packing. They can be very vindictive in this sense.

  3. #18
    Senior Member LadyLeatherneck's Avatar
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    Default Re: cls and sm and p merger

    Be careful using the "Lawyer up" plan, it can bite you in the butt, no matter what the reason or how right you are. I've seen it happen! In a "Right to Work State" an employer has the right to terminate any employee for any reason or even without a reason. And trust me, if you piss them off, they will terminate you. That's the way things are, sorry to say, but that's reality folks. I would only use that plan if I didn't care about losing my job. If you care, you need to be TOTALLY PROFESSIONAL and do your job, being careful about making sure your front porch is clean before you proceed up any ladder. My best advice is to pray about it, let him rest as much as he can, you do more than your fair share to help him get through it, make sure you have a positive attitude, and lastly don't complain about it in front of him (if he complains, just listen and be kind). I hope this will help.

  4. #19
    Senior Member yahoo's Avatar
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    Default Re: cls and sm and p merger

    our state is an employment at will state..................end of discussion!!! what can we do???

  5. #20
    Senior Member underground quester's Avatar
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    Default Re: cls and sm and p merger

    L.L and Yahoo:


    Okay, what is the difference between a "Right to Work" state and an "employment at will" state?

    Sounds like they should be worlds apart but kinda sorta reading between the lines, you both seem to be saying the legislation is very much skewed AGAINST the worker. Would I be correct?
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  6. #21
    Senior Member sprayandpray's Avatar
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    Default Re: cls and sm and p merger

    Right to work means you do not have to join a Union to work at a particular company nor is a company required to use union labor. There are some exceptions when you do work for the Fed. Govt.

    Employed at will means the company can terminate your employment without a reason. However, they have to be careful about discrimination. In other words they cannot fire just the minorities, or the women or the Old Farts like me.
    I might not be as good as I once was, but I'm as good once as I ever was !


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  7. #22
    Senior Member LadyLeatherneck's Avatar
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    Default Re: cls and sm and p merger

    Underground you can look up Right-to-Work - Wikipedia and will give you a detailed explanation of origination, arguments for and arguments against. If nothing else, interesting reading.

    At-Will Employment: a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e. a union). Under this legal doctrine:

    "any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is free to quit, strike, or otherwise cease to work."

    There was a situation in one At-Will Employment state where a Highway Patrol Officer was shot in the line of duty, significantly injuring him. He filed for worker's compensation and was legally terminated as part of his settlement agreement. He is now suffering and permanently injured and the state is not required to take care of him.

    So, be careful not to get hurt on the job. If you do, do not file worker's compensation unless you understand that you could and probably will lose your job if you live in one of the 42 states in the US that recognizes At-Will Employment!
    Last edited by LadyLeatherneck; June 30th, 2008 at 10:54 AM.

  8. #23
    Senior Member AULupstate's Avatar
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    Default Re: cls and sm and p merger

    Hence my previous statement of hiring a lawyer still holds true. No one will look out for you or your husband but yourselves. Legal representation is so you can find out what to so for real, our input is great and all but it doesn't mean sh*t. A labor lawyer can and will help you figure out your best next step.

  9. #24
    Senior Member AULupstate's Avatar
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    Default Re: cls and sm and p merger

    Sorry that would be 'DO for real' typo on my part.

  10. #25
    Senior Member LadyLeatherneck's Avatar
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    Default Re: cls and sm and p merger

    No labor lawyer can change the law any any state. The employer can still terminate any employee in any of the 42 states that recognize At-Will for any or no reason, no matter how much legal representation you have. Just food for thought!

  11. #26
    Senior Member yahoo's Avatar
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    Default Re: cls and sm and p merger

    ug i believe spray has said it best ...i feel with that said........we just working with no hope ....only can rely on the good Lord>>>>>

  12. #27
    Senior Member LadyLeatherneck's Avatar
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    Default Re: cls and sm and p merger

    Spray "the old fart" knows exactly what he is talking about!!!!!!!!!!!!

  13. #28
    Chicagoman
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    Yes you should get a Lawyer or at least talk to one. Some of you in this forum would give your life up for this Company. I ask you why? I truly beleive USIC/SM&P/CLS would back stab you in the back in a heart beat. I have seen NRCG Comed locator loses there jobs to keep Comed happy. The $500.00 bonus is a answer to the IBEW and to keep locator's from signing cards. But it is not working. We have a 85% turn over rate in IL. Yes. I said 85%. If you dont beleive me. and your in IL. Look at the phone list and the dates people started. Some of you need to get your head out of the sand. Because USIC is behind you ready to stab you right in the back. I pray your husband gets the help he needs and that Supervisor hangs by his balls!!!!!
    Last edited by Chicagoman; June 30th, 2008 at 08:56 PM.

  14. #29
    Senior Member underground quester's Avatar
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    Default Re: cls and sm and p merger

    [QUOTE=LocatingLarry;3369]Underground you can look up Right-to-Work - Wikipedia and will give you a detailed explanation of origination, arguments for and arguments against. If nothing else, interesting reading.

    At-Will Employment: a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e. a union).


    Locating Larry:

    re: wikipedia Will do when I get some time.

    This is scary stuff, I had no idea this kind of legislation existed in the U.S. - OF ALL PLACES.

    Not to be impertinent - I would expect that kind of legislation in a 3rd world country. One that is fighting for tons of American businesses to locate there. And, in order to avoid problems, that country would introduce legislation which on the surface at least appears to be draconian.- But America... WOW... that really does surprise me!!


    Out of curiosity, was it the Republicans or the Democrats who had that freekin brainstorm; that somehow seems to have gone drastically wrong?

    I am curious as Canada is at a crossroads at the moment politically. We have just had about 70 years of LIBERAL rule- think democrats (with a small break in there on two occasions). We are now goverened by a Conservative agenda (think Republican) whose party thinking seems to be leaning toward a right wing Republican agenda. I can assure you most Canadians are not too enamored with the Conservatives.
    Last edited by underground quester; July 7th, 2008 at 02:33 AM.
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  15. #30
    Senior Member beyond help's Avatar
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    Default Re: cls and sm and p merger

    Quote Originally Posted by LocatingLarry View Post
    Underground you can look up Right-to-Work - Wikipedia and will give you a detailed explanation of origination, arguments for and arguments against. If nothing else, interesting reading.

    At-Will Employment: a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e. a union). Under this legal doctrine:

    "any hiring is presumed to be "at will"; that is, the employer is free to discharge individuals "for good cause, or bad cause, or no cause at all," and the employee is free to quit, strike, or otherwise cease to work."

    There was a situation in one At-Will Employment state where a Highway Patrol Officer was shot in the line of duty, significantly injuring him. He filed for worker's compensation and was legally terminated as part of his settlement agreement. He is now suffering and permanently injured and the state is not required to take care of him.

    So, be careful not to get hurt on the job. If you do, do not file worker's compensation unless you understand that you could and probably will lose your job if you live in one of the 42 states in the US that recognizes At-Will Employment!
    The closest thing that any of us has to a "contract" is the handbook each of us were given. We signed off that checkmark list that we had which included all rules and regulations. This by law is considered a written agreement. SO the hand book is considered a binding agreement between the employee and employer. Know this handbook well. There is a copy on the website (if your with USIC/CLS/SM&P). This is what any labor lawyer will use. If you are termed for any reason, They would have to term anyone else for a similar instance, or they can be held liable for damages.
    STRESS: The confusion created when one's mind overrides the body's basic desire to choke the living daylights out of some idiot who desperately deserves it.

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