Legal Question in Criminal Law in Texas

I work for an transportation company that is governed by the Railroad Commission. If a there are unsafe conditions, we are to call dispatch and tell them it is unsafe, and not continue. All calls are recorded! I need to work, and managed to drive customers to 3 cities (Dallas, Farmers Branch, and North Carrollton) with my ribcage pressing down onto the top of my belt. I notified dispatch while I was still in Dallas. It was very uncomfortable and became a problem in rush hour traffic to focus on anything except the pain I was experiencing. I called dispatch according to procedure (while still in Dallas, TX) and was told the line supervisor would meet me in Farmers Branch, TX, but he did not. Then I was told he would meet me in the N. Carrollton, TX before I could arrive in N Carrollton, TX, the line supervisor said he would meet me in the Addison, TX. I then spoke with my immediate supervisor and explained the problem. He tol me to call dispatch and tell them the bus was unsafe (that means do not continue; again all calls are recorded). I did as my immediate supervisor said (he was 3 cities away) and called dispatch back saying the bus was unsafe. When the field supervisor arrived I was still sitting in the drivers seat. He asked me to let him sit there and when I did, he told me he was relieving me of my duties. According to The employee handbook, this supervisor was to make arrangements for a replacement driver, transportation for me at the point he relieved me of my duties back to my division, ie home base. He did not. I called my supervisor again and finally got him, told him that the field supervisor was relieving me of my duties, and as I was talking to my supervisor, he drove off to Addison, TX. I did not wish to go with him as that is not company policy. He took me against my will. The company's rule is that he provide me transportation from the point he relieived me of my duties, North Carrollton, TX, back to home base in Dallas, TX. He took me across county lines to addison, TX and from the city of North Carrollton, TX to Addisson, TX, then kicked me off the bus. He told me to take a bus from Addison, TX back to Dallas, and after arriving in Dallas, TX take another bus to my division. The employee handbok, says he is to provide me transportaion from the point he relieved me back to my division, home base. In essence, he kidnapped me, held me hostage, then kicked me off the bus. The union representative finally called me and told me when I arrive at my division, to go see my immediate supervisor. I did so. My immediate supervisor wanted to know my side of it. He then told me the Line suopervisor did not follow guidelines because he was covering a lot of territory, and was frustrated. That isn't company protocol. My supoervisor said don't worry about anything, you will be paid for the rest of the day.... My next busdiness work day, I was unable to clock becaus emy supervisor wante d to see me. I went to his office, and he handed me a reprimand (written by the line supervisor who kidnapped and held me hostage while not following the company guidelines for handling the issue) in which the line supervisor told a lot of untruths to try to coverup his failure to follow company protocol. The line supervisor wrote me up and his explanation was distorted untruths. . I attempted to resolve the issue with management and by filing a grievance through my union. The union representative is also an employee. He listened to a recording of our conversation and advised me that we had a valid grievance; however, I have emailed him multiple times, and he never mentioned that I would personally have to go to the union steward in person (at a different location) and personally file the grievence. Today, after multiple phone calls, and many text messages, he informed me I would have to go in person to the union steward, and file. He also mentioned I might not be within my 10 grievance date. I texted him and asked "why do I need a union representative if I have to do the leg work and paperwork myself?" I also texted him how was I supposed to know I had to perform this process myself if he didn't tell me? And why hadn't he told me? I asked if I have to go on my free time. He responded my ten days were up Monday, 9-13-10. I work on Mondays. Then he responded he can fix it. I have no supervisory writeups in my personnel file. I have a good work record. This supervisor has caused me a great deal of stress while driving daily in rush hour traffic to multiple cities iby trying to destroy my good work reputation. Can I take him to court? If so, what type of court.

1 Answer from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in Texas

Looking for something else?