gandy;
Not sure I see where you're coming from, in that I don't see how observing a driver 4 times a year is "over supervising" by any reasonable stretch of the term at all. As for past practice, I seriously doubt that the company would agree that at any time in the past has it been "accepted and expected" that drivers - esepecially those with performance problems - would be directly supervised only once per year...and I'm sure it can point to numerous occasions when drivers have had OJS rides numerous times during the year...often sequentially (say each day for 2 or 3 weeks in a row).
As for Section 2 of Article 37, as I mentioned before, it doesn't appear to have anything to do with the situation....other than to indicate that, if no more that one multi-mgmt person on the car rides per year are allowed, then non-multiple (single) mgmt rides during the same period of time ARE allowed.
Beyond that, I'm surprised that any employee would consider anything over once a year as "excessive" supervision, or as "harassment"; seems to me that such an individual would have a hard time functioning in any type of employment environment, and would be better off self-employed. After all, if an employee isn't performing as expected, then in what way could ANY supervision be "over supervision"?
Again, it would seem reasonableness should prevail...and expecting an employer to be allowed to supervise those he's paying scores of thousands of dollars to each year only once during that period is - by almost definition of the word - unreasonable.
