STAND UP, SPEAK UP AND STICK UP FOR YOUR RIGHTS!
Recently I made a round trip, from our service center to a turn point and returned to our service center and the operations manager asked me, upon arrival, “what took so long”. No good morning, can I buy you a cup or coffee and how was you run. I replied that I was delayed by weather and had to go off route in both directions. Let us add these facts and some other information for management and THE COMPANY.
Please review the following cited information the Federal Motor Carrier Regulations:
§392.6 Schedules to conform with speed limits.
No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.
[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995]
The Federal Motor Carrier Regulations go on to answer some questions:
Question 1: How many miles may a driver record on his/her daily record of duty status and still be presumed to be in compliance with the speed limits?
Guidance: Drivers are required to conform to the posted speed limits prescribed by the jurisdictions in or through which the vehicle is being operated. Where the total trip is on highways with a speed limit of 65 mph, trips of 550-600 miles completed in 10 hours are considered questionable and the motor carrier may be asked to document that such trips can be made. Trips of 600 miles or more will be assumed to be incapable of being completed with out violations of the speed limits and may be required to be documented. In areas where a 55 mph speed limit is in effect, trips of 450-500 miles are open to question, and runs of 500 miles or more are considered incapable of being made in compliance with the speed limit and hours of service limitation.
The route of this run goes through many little towns, hamlets and villages from start to finish that require a reduction of posted speed from 55 miles per hour to 25 miles per hour for differing lengths of measurement. If you add traffic, traffic controls, mountainous grades and terrain, and other factors beyond a drivers control the company mandated scheduled run time is questionable.
472 miles round trip divided by 11 hours is a 42.91 mile per hour average. According to Goggle Maps, the mileage is 239 on this particular turn and a trip time of 4 hours and 58 minutes [5 hours for 478 miles] or an average speed of 47.8 MPH. If this were flat ground, no speed limit reductions for towns and other factors THE COMPANY’S mandated schedule may be reasonable.
The Federal Motor Carrier Safety Administration regulators, upon request, would certify this run in the near future. The test would be with UPS Freight equipment comprising of a grossed out legal, 80,000 GCVW [Gross Combined Vehicle Weight], double set of trailers and a fine driver, of the companies choice, accompanied by a FMCSA [Federal Motor Carrier Safety Administration] representative.
My first suggestion, based on practical experience of 30 plus years and 3.5 million miles of safe commercial driving and 40 years as a Teamster, to THE COMPANY, is that:
1. UPS Freight traffic engineers start this run earlier from both directions to facilitate an earlier arrival time at the north and south end.
2. This suggestion may assist the break out of the turn freight.
3. THE COMPANY also may configure in the drivers lunch and break times, break up and make up to the other trailer set, mandatory safety checks and polite conversations with central line control ‘transportation engineers’ that know far more than the driver.
Secondly, send the ’UPS Freight Transportation Engineers’ a ‘raised relief topography map’ of the eleven western states that shows little bumps called mountains. Remind them also that Map Quest, Goggle and other mileage-time providers are using ‘automobiles’ and not commercial vehicles for their run times. This, along with some tutelage, may help some ‘train engineers’ figure out practical run times over roads and not the rails for UPS Freight drivers. If all this fails, have the ‘transportation engineers’ for UPS Freight change jobs and work for another railroad company.
I asked the manager if there was anything else I could help him understand and he shamefacedly said no. The point is stick up for your rights with all the tools available that includes:
1. THE CONTRACT and PAST PRACTICES [if you were under a current Teamster Union contract and all grievances procedures],
2. The UPS Freight handbook and policies [available at UPS’ers.com],
3. The National Labor Relations Board [NLRB] NLRB :: National Labor Relations Board ,
4. OSHA [Occupational Safety & Health Administration] Occupational Safety and Health Administration - Home h,ttp://www.osha.gov/ ,
5. Labor-Management Reporting and Disclosure Act of 1959 [LMRDA] LMRDA text ,
6. The Federal Motor Carrier Safety Regulations [FMCSR] Rules & Regulations - Federal Motor Carrier Safety Administration ,
7. United States Code Chapter 49 of the [USC] United States Code: Title 49,TITLE 49—TRANSPORTATION | LII / Legal Information Institute,
8. Surface Transportation Assistance Act of 1982 [STAA], 49 U.S.C. Section 31105 ‘Whistle Blower Protection Act’. http://www.osha.gov/Publications/OSH...r-trucking.pdf Section 405 of the Surface Transportation Assistance Act of 1982 (STAA), 49 U.S.C. 31105, as amended by section 1536 of the Implementing Recommendations of the 9/11 Commission Act of 2007, Pub. L. No. 110-53 (To be codified at 49 U.S.C. 31105)
9. State and Local labor regulations
10. And on and on…
Do not sit and whine, waiting for the steward, business agent and union to look out for you. Read and study THE CONTRACT and YOUR LOCAL UNION and INTERNATIONAL BROTHERHOOD OF TEAMSTERS BY-LAWS.
If the union will not help you, for all the money you pay, then get off your rear and do something even if THE UNION and THE COMPANY want you to behave. If you believe that THE UNION is not representing you, and THEY work for you, then file charges with the NLRB against THE UNION citing misrepresentation.