Psychological war games

Most of you have seen our employers’ ‘Zero Tolerance’ posters which have been placed all over. Specifically at conspicuous places where notices to employees are customarily posted in addition to the top of the private vending machines, stairwells, and hallways. Those posters have been maintained since December 15, 2010.

Banning talking on a cell phone while driving in New York went into effect on 

November 1, 2001. As the law is stated under New York State Vehicle and Traffic Law Section 1225c it is very clear that no operator is allowed to use a portable device while driving. Most of you are aware that the fines associated with cell phone use or ‘talking while driving’ is up to $100 if caught talking on a hand held cell phone. However our employer wants to go one step further by terminating an employee for the first incident.

Texting while driving was banned by legislation in New York on November 1, 2009. As the law is stated under New York State Vehicle and Traffic Law Section 1225d the texting while driving law is a secondary law which means that law enforcement can pull a driver over only if they have committed another offense such as speeding or disobeying a traffic signal. Drivers who violate this portion of the law can result in a fine of up to $150. However our employer went one step further by terminating an employee for the first incident.

As all of you are aware every law has exceptions and there are New York exceptions to the cell phone law that exists. Talking on a cell phone is allowed if the sole purpose of the call is regarding an emergency situation. This may include talking to a dispatcher, a hospital, physician’s office or health clinic, ambulance company, fire department, police department or any person associated with any of the above. Hands free phones are exempt from New York cell phone laws.

It is not clear what our president of the TWU Local 100 John Samuelsen has accomplished by presenting a different view to our employer about this new policy which will take effect on January 12, 2011. Maybe Samuelsen is asleep at the switch leaving the membership to fend for themselves.