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I don't know what our best route is to take on a driver dispute. We have had a early morning cover car from 6am-8am(who can be called out at any time from midnight) since the year dot. This has been one mans "duty" for 14 yrs plus. There is a second standby who may on occassion be called on. We now have two other drivers who want to be added to a (non existant) rota. The present ones are quoting standard working practice means they then become 3rd and 4th in the pecking order. They new applicants insist that as there is no written rule, they have the right to an equal right be the principle/second car. Short of calling an EGM to vote on and to introduce a written rule* creating a rota or would the present drivers have a legal standing to keep the status quo?

There has been a meeting of all four with the directors. There was no resolution or compromise from either side. We are unwilling to impose or reject a rota system without an EGM of the members.

*Trouble with that being three of the four are refusing to attend, making a it impossible to achieve a qurom.

Happy Days.

Any thoughts, advice or paracetamol welcome

Author:	grumpy [ Wed Oct 05, 2011 11:45 am ]
Post subject:	help
I don't know what our best route is to take on a driver dispute. We have had a early morning cover car from 6am-8am(who can be called out at any time from midnight) since the year dot. This has been one mans "duty" for 14 yrs plus. There is a second standby who may on occassion be called on. We now have two other drivers who want to be added to a (non existant) rota. The present ones are quoting standard working practice means they then become 3rd and 4th in the pecking order. They new applicants insist that as there is no written rule, they have the right to an equal right be the principle/second car. Short of calling an EGM to vote on and to introduce a written rule* creating a rota or would the present drivers have a legal standing to keep the status quo? There has been a meeting of all four with the directors. There was no resolution or compromise from either side. We are unwilling to impose or reject a rota system without an EGM of the members. *Trouble with that being three of the four are refusing to attend, making a it impossible to achieve a qurom. Happy Days. Any thoughts, advice or paracetamol welcome

Author:	Doom [ Wed Oct 05, 2011 12:37 pm ]
Post subject:	Re: help
Explain to them that it's worth one mans effort but if it becomes four men it won't be worth it, then you'll lose the guy whose always done it and have nobody wanting to cover it.

Author:	grandad [ Wed Oct 05, 2011 2:03 pm ]
Post subject:	Re: help
You mention directors and members? I always thought that a company had directors to make decisions. Who is refusing to attend the meeting, directors or members? If it is members then I would sugest that the directors put together the 2 proposals and send them out to all members asking them to vote by return then you don't have the problem of non attendance. Just out of interest, how many directors are there and how many members and what is written down about a quorum?

Author:	grumpy [ Wed Oct 05, 2011 2:38 pm ]
Post subject:	Re: help
Ordinarily I'd agree that the directors should make a decision on the issue, but the waters are clouded by the fact one of the directors is one of the "applicants". At present there are 15 members and of them 3 are directors. It's in the articles of association that 75% is required. A letter may suffice, but we feel a fuller debate may be the better option. If anyone can be bothered talking about something they don't have an interest in. I would see the point in upsetting the applecart if there was apples on it. The trade is slower than ever and if anything the standby is hardly ever called out. So, as doom rightly points out, we are in danger of losing the services of the ones who are willing to wait on a call that never comes, when the other two tire of doing the same. And I wonder why I take a drink.

Author:	Sussex [ Wed Oct 05, 2011 6:13 pm ]
Post subject:	Re: help
grumpy wrote: Any thoughts, advice or paracetamol welcome Adjourn the decision until the next AGM, leaving the current situation as it is. Of course those drivers, if they wish, can get the amount of drivers needed to call an EGM. I'm not sure what else you can do.

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Author:	Dusty Bin [ Wed Oct 05, 2011 10:05 pm ]
Post subject:	Re: help
You could try arguing on the basis of 'custom and practice' used in employment law. The scenario clearly isn't one of employer/employee, but it might be worth a go: http://www.worksmart.org.uk/rights/what ... d_practice The concept may be applicable to contracts more generally though. But basically it just means that if things have been done in a certain way for a period of time then if there's no good and compelling reason to change things then why bother if it just upsets the applecart? If it ain't broke, don't fix it, sort of argument.

Author:	Brummie Cabbie [ Thu Oct 06, 2011 3:48 am ]
Post subject:	Re: help
grumpy wrote: I don't know what our best route is to take on a driver dispute. We have had a early morning cover car from 6am-8am(who can be called out at any time from midnight) since the year dot. This has been one mans "duty" for 14 yrs plus. There is a second standby who may on occassion be called on. We now have two other drivers who want to be added to a (non existant) rota. The present ones are quoting standard working practice means they then become 3rd and 4th in the pecking order. They new applicants insist that as there is no written rule, they have the right to an equal right be the principle/second car. Short of calling an EGM to vote on and to introduce a written rule* creating a rota or would the present drivers have a legal standing to keep the status quo? There has been a meeting of all four with the directors. There was no resolution or compromise from either side. We are unwilling to impose or reject a rota system without an EGM of the members. *Trouble with that being three of the four are refusing to attend, making a it impossible to achieve a qurom. Happy Days. Any thoughts, advice or paracetamol welcome You have a first and second choice for extra night cover. You have applications from two other drivers for extra night cover. Ignore those applications at present and send out letters to ALL members asking for candidates for extra night cover for third, fourth, fifth, sixth etc. positions When all applicants respond, draw lots for third, fourth, fifth etc extra night cover. The directors have then made a decision, The decision is made; no further discussion, even if the rebel director wishes to do so. Be firm, make a decision and stick by it!! That's what directors are elected for.

Author:	Doom [ Thu Oct 06, 2011 4:48 pm ]
Post subject:	Re: help
It's just this sort of thing that the very thought of doing PH again is like drinking salt water to me. On par with the idiots who want to do airport runs for 30p pm overall.

Author:	wannabeeahack [ Sat Oct 08, 2011 7:34 pm ]
Post subject:	Re: help
You know how kids always want something till they get it? let em all work whenever they want so long as they give 4 weeks notice of intent to NOT do it either it will work out or they will be off like a shot when theyve done 3 hours for £10 its like the judgement of solomon http://en.wikipedia.org/wiki/Judgment_of_Solomon

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