When all else fails, call OSHA

[705red]

This driver was terminated by UPS for refusing to operate a trailer that was unsafe. Intersting read, this driver gets full back pay overtime and lost interest.

https://web.archive.org/web/20100615221818/http://tdu.org/node/3887

 

[Dragon]

I encourage both sides to go to the link and read the findings (posted at the bottom of the tdu article as a link) before you post anything. Great article Red both sides can learn a lot from the findings.

 

[p228]

They fired the first driver for refusing to drive the unsafe feeder. Bring in a second driver, who also doesn't want to drive it, but the supervisor agrees to follow him for visibility. No turn signals, only hazards, so the driver couldn't signal to get into lane for the exit ramp. The sup needed to block the lane so he can get over. How could they possibly think firing him for refusing to drive that unescorted was a good idea?

Intersting read, this driver gets full back pay overtime and lost interest.

He was given more than that. UPS was ordered to pay his attorney fees and $100,000 in punitive damages for "its reckless disregard for the law and complete indifference of the Complainant's rights."

 

[bad company]

That'll teach UPS... wait.... no it won't.

It is a good read. Looking forward to seeing the "Driver's Rights" posters on display... hehe

 

[SWORDFISH]

Years ago when I first started driving and didnt know any better my headlights went out at night and I had 5 stops left in the country side. So I called my supe and he told me to deliver them and just be carefull. I canot believe I did this but I did(terible decision). Can you believe a supe would tell a driver to do this? It wasnt twilight either it was dark outside.

 

[1989]

Years ago when I first started driving and didnt know any better my headlights went out at night and I had 5 stops left in the country side. So I called my supe and he told me to deliver them and just be carefull. I canot believe I did this but I did(terible decision). Can you believe a supe would tell a driver to do this? It wasnt twilight either it was dark outside.

No, I can't believe that both headlights went out.

 

[UpstateNYUPSer(Ret)]

This was a very interesting read. I applaud the first driver for standing by his decision in the interest of public safety. The second driver had the same reservations but IMO did the right thing when he was told that he would have a supervisor follow him all of the way back to the hub to ensure he made it safely. $107,268.74 + interest.

Sword, it sounds like it wasn't the headlights, it was more likely a fuse but, at any rate, the safe thing to have done was to have sat there until they brought out another pkg car so that you could finish your route.

 

[cachsux]

A driver from the CACH was threatened with termination for this very same situation. She was dispatched to the Conrail terminal at 63rd and State on the south side of Chicago,in the middle of the night, and found her trailer to also have no working lights whatsoever. She called the CACH and at first spoke to a sup,and then a manager who both told her to bring the trailer back so it would make the sort. She pointed out the safety issue repeatedly and was ultimately told by the manager that she could either bring the trailer back or she could secure the tractor and consider herself terminated and find her own way back to the building. Mind you,Conrail 63rd is in a south side neighborhood the equivalent to downtown Baghdad. The driver caved and brought the trailer back.

The unions stand on this was that she should have found a witness to the conversation,and called a cab or rode back with another driver once one arrived. Complaints were filed on the manager and this ,along with his numerous other actions against employees, got him busted down to supervisor and transfered to the Addison hub where he is still racking up complaints.

 

[UpstateNYUPSer(Ret)]

In the event of an accident, would the liability lie with the driver for knowingly operating an unsafe piece of equipment, albeit under protest, or on the company for directing her to do so?

 

[cachsux]

In the event of an accident, would the liability lie with the driver for knowingly operating an unsafe piece of equipment, albeit under protest, or on the company for directing her to do so?

To me it falls under an act of coercion which seems would hold the company responsible. We have had similar situations at the building but with trailers management wants taken off property. The standard practice,if drivers are pushed to the point of being threatened,was to call the state police who dispatch a car to meet the driver as he comes out the gate and escort him right back to the dispatch office to drive the point home that the equipment will not leave the company grounds. The CACH has installed a re-run belt in one of the outbounds and now will swap the loads into a new trailer.

 

[UpstateNYUPSer(Ret)]

Wouldn't it simply make more sense to pretrip the empty trailer prior to putting it on the dock to be filled?

 

[cachsux]

It should be pretripped prior to being brought to UPS as an empty. Our drivers do. The company hired brokers who shuttle emptys in do not. You would be surprised at the junk they drag in. In th yard shifters spot them on the outbounds and aside from FHWA stickers are not instructed,or given time,to do a pretrip.

 

[over9five]

Wouldn't it simply make more sense to pretrip the empty trailer prior to putting it on the dock to be filled?

By a shifter driver who doesn't even need a license, much less a CDL? When we do our post-trips, we will red tag a trailer with any problem so it doesn't get loaded till it's fixed. But even after a post-trip, things will happen....

 

[UpstateNYUPSer(Ret)]

...that's why I asked as I have no experience with that part of the operation.

 

[RoyalFlush]

Only an idiot would terminate an employee for refusing to break the law. In this case, it seems to me to be more an issue of legality than safety. I may have asked the driver to drive it, but I would not instruct a driver to drive anything that's not legal. I don't understand why they didn't just send a mechanic out to fix it. Apparently they had time. The decision doesn't say how the trailer got there in the fist place, but i would want to know if it was one of our people that dropped it there and if so, why wasn't a post trip done. That's where the discipline should be applied.

 

[SWORDFISH]

No, I can't believe that both headlights went out.

Im not going to dignify this w/ a response

 

[SWORDFISH]

This was a very interesting read. I applaud the first driver for standing by his decision in the interest of public safety. The second driver had the same reservations but IMO did the right thing when he was told that he would have a supervisor follow him all of the way back to the hub to ensure he made it safely. $107,268.74 + interest.

Sword, it sounds like it wasn't the headlights, it was more likely a fuse but, at any rate, the safe thing to have done was to have sat there until they brought out another pkg car so that you could finish your route.

No love for the rookies. When you first start a job your young or I was anyway and I just did what I was told(admitted dumb). Didnt think twice about it though. Now had I not been in my early 20s and not so young in the company I would have been wiser not to do such a thing. I wonder why the fingers not pointed at UPS for instructing people to do such things.

 

[705red]

Only an idiot would terminate an employee for refusing to break the law. In this case, it seems to me to be more an issue of legality than safety. I may have asked the driver to drive it, but I would not instruct a driver to drive anything that's not legal. I don't understand why they didn't just send a mechanic out to fix it. Apparently they had time. The decision doesn't say how the trailer got there in the fist place, but i would want to know if it was one of our people that dropped it there and if so, why wasn't a post trip done. That's where the discipline should be applied.

No shortage of them in this company! lol

 

[soberups]

In the event of an accident, would the liability lie with the driver for knowingly operating an unsafe piece of equipment, albeit under protest, or on the company for directing her to do so?

The fault would be the drivers, for making a decision to knowingly operate unsafe equipment.

The contract language, as well as the law, are very clear. We do not have to operate unsafe equipment, regardless of how much whining and nagging and threatening is done by a management person.

"I didnt want to make my supervisor mad" is not a valid excuse for violating the law.

 

[dilligaf]

Years ago when I first started driving and didnt know any better my headlights went out at night and I had 5 stops left in the country side. So I called my supe and he told me to deliver them and just be carefull. I canot believe I did this but I did(terible decision). Can you believe a supe would tell a driver to do this? It wasnt twilight either it was dark outside.

I had a similar situation happen. My low beams went out but I still had hi-beams. I called it in and finished up the last few stops that I had to do. It was about 8pm. I refused to drive the truck back to the center which was about 30 minutes away driving on a 2 lane hwy and an interstate. They sent another driver to pick me up and the mechanic came and got the truck.