I’ve worked 59.57 hours this week, and now I’m forced to work Saturday. Now what?

[Red Devil]

Wrong, your dot clock starts from punch in to punch out and includes all breaks. This information is very easy to find online.

My understanding was that unpaid lunch counts toward your 14 but not your 60. Paid breaks count toward both.

 

[542thruNthru]

My understanding was that unpaid lunch counts toward your 14 but not your 60. Paid breaks count toward both.

You're correct. Unpaid lunch is off duty time.

 

[Sweeper]

Wrong, your dot clock starts from punch in to punch out and includes all breaks. This information is very easy to find online.

Here the company considers break time as compensated off duty. I pursue activities of my choosing during my contractually guaranteed paid 10 minute breaks. My IVIS in feeders reflects any time I enter into break as off duty. My former managers in package also held this position for my locals package operations. Reports that calculates package available hours also used to reflect break time as off duty.

 

[Backlasher]

Here the company considers break time as compensated off duty. I pursue activities of my choosing during my contractually guaranteed paid 10 minute breaks. My IVIS in feeders reflects any time I enter into break as off duty. My former managers in package also held this position for my locals package operations. Reports that calculates package available hours also used to reflect break time as off duty.

What matters is the dot rules, not your centers policy. Not only is this information easy to find online, we get diad training on this just before peak starts every year that explains it in detail.

 

[Backlasher]

My understanding was that unpaid lunch counts toward your 14 but not your 60. Paid breaks count toward both.

It counts, just as your 14 counts towards your 60/70. All time worked and on breaks inside your 14 counts towards the weeks total.

 

[DriverNerd]

So many people have trouble with the DOT hours of service because there's so many people telling them different rules.

14 hour rule does not care about breaks (whether paid or unpaid). It simply states that you can not drive on public roads 14 hours after you have punched in. Even if you work 6 hours then leave and come back 8 hours later.*

60/70 hour rule is how many hours you worked (ie get paid for). Unpaid time does not count toward your 60/70 total. If you work 50 hours and then take a 5 hour unpaid lunch, you still have 10 hours available (60 rule).

*10 hours off is required to allow for another 14 hour day.
34 hours off is required to reset your 60/70 hour week.

 

[Sweeper]

@Backlasher​

My routine stop is my break. Here UPS logs breaks as off duty. Off duty time does not count towards the 60/70 hour rule. Below is a link to the FMCSA website.

What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a tour of duty as off-duty time? | FMCSA

Hours of Service Definitions

www.fmcsa.dot.gov

Question 2: What conditions must be met for a Commercial Motor Vehicle (CMV) driver to record meal and other routine stops made during a tour of duty as off-duty time?

Guidance: Drivers may record meal and other routine stops, including a rest break of at least 30 minutes intended to satisfy 49 CFR 395.3(a)(3)(ii), as off-duty time provided:

1. The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

Here the company considers break time as compensated off duty. I pursue activities of my choosing during my contractually guaranteed paid 10 minute breaks. My IVIS in feeders reflects any time I enter into break as off duty. My former managers in package also held this position for my locals package operations. Reports that calculates package available hours also used to reflect break time as off duty.

 

[eats packages]

Our package center does not calculate breaks for off duty time. Would open up a whole can of worms. Not that anybody in a package car should be working 60 hours plus 2 hours of "breaks" anyways.
Strictly speaking. They can be deducted but from what I read here it's only the feeder dept that does this.

 

[Shift Inhibit]

folks, all paid time is DOT time.
we had shifters working 70 plus hours a week but they could never drive outside the yard until their hours reset.

Fake news

 

[Bubblehead]

They cant just change a person or a center to 70 without consent. It says it clear as day in the national.

Where in the National Master is that made "clear as day"?

 

[MyTripisCut]

Not totally true for package car.
This is from article 26 NMA. OP, this may answer your questions as well.

Section 5. DOT Hours of Service
The Company shall not change the DOT sixty (60) hours in seven (7) days to the seventy (70) hours in eight (8) days rule for package drivers except at Peak. With prior approval of the Company’s President of Labor Relations and the Teamster’s Package Division Director, the DOT standard may also be changed if required due to Acts of God or emergencies creating service disruptions. When the Company changes the sixty (60) hour rule it shall first solicit vol- unteers to work in excess of sixty (60) hours from all package car
- 83 -

Article 26
drivers in the center. If sufficient volunteers cannot be obtained to cover the over sixty (60) work hours, the Company will first force seasonal package car drivers, non-seniority package car drivers, part-time cover driver classifications and, then Article 22.4(b) drivers. Seniority package car drivers will only be forced after exhausting the seasonal, non-probationary drivers force process, part-time cover driver classifications and Article 22.4(b) drivers. No regular package car driver red circled under Article 22.4(b) will be forced to work on a day off and exceed sixty (60) hours unless he has a full eight (8) hours of duty available. Any regular or Article 22.4 package car driver who volunteers or is forced to work over sixty (60) hours in a week pursuant to this paragraph will be compensated at double-time for those hours. This para- graph supersedes any provision in any Supplement, Rider or Ad- dendum which addresses this subject. This Section is not intended to give the Company the right to force seniority package car driv- ers to work on a weekend unless permitted by the applicable Sup- plement, Rider or Addendum.




In other words, if your building hasn’t approved a 70 hour week, then you can’t be forced in. If they have you’re gonna get double time all day today so take your breaks, work safe, and jam it straight up their asses.

Where in the National Master is that made "clear as day"?

So, what does it say instead of what it says?

 

[542thruNthru]

So, what does it say instead of what it says?

I think what Bubble is trying to say is that when this post was made it was peak and they don't need approval.

 

[MyTripisCut]

I think what Bubble is trying to say is that when this post was made it was peak and they don't need approval.

Ah. Contextual misinterpretation. Thanks.

 

[Bubblehead]

So, what does it say instead of what it says?

I think what Bubble is trying to say is that when this post was made it was peak and they don't need approval.

No, I was saying I don't believe the language "is clear" that they can institute the "70 hour rule" for one package car driver and not another in the same workgroup.

 

[Tanktoptony]

No, I was saying I don't believe the language "is clear" that they can institute the "70 hour rule" for one package car driver and not another in the same workgroup.

70 hour rule either has to be open to all drivers on volunteer basis or implemented to every driver not just forced onto one driver.

 

[BlackCat]

No, I was saying I don't believe the language "is clear" that they can institute the "70 hour rule" for one package car driver and not another in the same workgroup.

Where did I say that I agree with that? Because I dont.

My point was that they cant call anyone up on a whim (which was implied) and put someone on a 70.

 

[Bubblehead]

Where did I say that I agree with that? Because I dont.

My point was that they cant call anyone up on a whim (which was implied) and put someone on a 70.

I wasn't implying that you agreed with anything, rather joining the conversation late (perhaps too late) and challenging the notion that UPS has any authority to enact the "70 Hour Rule" for package car drivers outside of Peak Season without an agreement with the Union.

....and more specifically, for individual drivers verses a defined workgroup anytime of the year.

 

[Buffet Master]

The only thing that stops the 14 hour clock is an 8/2 split and good luck figuring out how that actually does anything beneficial. If you ever ran paper logs, you would know that the only time that counts against the 60/70 comes off of lines 3 and 4, driving and on duty not driving. Off duty/break time and sleeper do not count towards 60/70.
The IVIS makes things too easy I think. You do not even have to make duty status changes like you do on PeopleNet or Qualcomm. You can just jump in and drive with basically zero understanding of the hours of service.

 

[RMR46]

I am a 22.4 and normally a T-Sat driver, but was forced in on Monday. Now I’m at 59.57 hours before starting this morning and they told me I am forced to go in.

Should I show up? No, the 70-hour rule is NOT in effect at my center. This is the first time I’ve hit 60 hours so I’m not sure what to do. I really don’t even want to go to the center for 28 minutes but I don’t want to get in trouble either.

Any advice? Thanks

I do not I do not know what union you are in? But in the union Im in there is no way they can force you to work a six punch. As a PD. And by the way you shouldn't have 70 hours

 

[burrheadd]

I do not I do not know what union you are in? But in the union Im in there is no way they can force you to work a six punch. As a PD. And by the way you shouldn't have 70 hours

You gonna get somebody fired giving out information that you have no idea what you’re talking about