100 OTR Feeder Drivers Fired

[clean hairy]

No longer allowed away from physical address.

You do meet points?

 

[Mugarolla]

Still working off the clock, which is prohibited.

Never said it wasn't. I just said it wasn't working for free.

 

[Dracula]

Never said it wasn't. I just said it wasn't working for free.

It is if you hurt yourself.

 

[Dracula]

As in package car, you should never work during a meal period. And mileage drivers should never work during their paid TA time at a meet point. That's how mileage runs get eliminated. I've never understood why mileage drivers take so many shortcuts. What, are they gonna get home an extra half hour earlier? It's the easiest job at this company. I can't tell you how many high seniority drivers I know that work before their start time, hook up during their paid turn around, or completely skip their pre-trip. To qoute our lying President, "Sad".

 

[Mugarolla]

It is if you hurt yourself.

How do you hurt yourself doing a pre-trip?

Possibly fall out of the tractor?

Covered under workers comp.

I agree, though, employees should not work before their start time.

 

[fedx]

I heard they were putting in their DOT required 1/2 hr break after 8, but the tires were turning...

I've seen this catch 22 with both UPS and FedEx where you're supposed to take a 1/2 hour break, but if you do, you won't get your work done on time or make it to the station you're supposed to be at on time. I figured these companies were okay with it, because they were getting a 1/2 hour of free labor, but now they are firing people for it? I guess the drivers can't win. UPS needs to question why so many drivers are skipping their lunch if they fired 100 of them. They aren't skipping their breaks out of the goodness of their hearts. It's because they are being pressured to perform and they don't have time to take a lunch. Those drivers should file a class action.

 

[Dracula]

How do you hurt yourself doing a pre-trip?

Possibly fall out of the tractor?

Covered under workers comp.

I agree, though, employees should not work before their start time.

According to our union, if you get hurt off the clock, UPS can hang you out to dry.

 

[Dracula]

I've seen this catch 22 with both UPS and FedEx where you're supposed to take a 1/2 hour break, but if you do, you won't get your work done on time or make it to the station you're supposed to be at on time. I figured these companies were okay with it, because they were getting a 1/2 hour of free labor, but now they are firing people for it? I guess the drivers can't win. UPS needs to question why so many drivers are skipping their lunch if they fired 100 of them. They aren't skipping their breaks out of the goodness of their hearts. It's because they are being pressured to perform and they don't have time to take a lunch. Those drivers should file a class action.

You're doing it wrong if you need to work through your meal. I don't care if I'm late or not. That's on them.

 

[UpstateNYUPSer(Ret)]

I've seen this catch 22 with both UPS and FedEx where you're supposed to take a 1/2 hour break, but if you do, you won't get your work done on time or make it to the station you're supposed to be at on time. I figured these companies were okay with it, because they were getting a 1/2 hour of free labor, but now they are firing people for it? I guess the drivers can't win. UPS needs to question why so many drivers are skipping their lunch if they fired 100 of them. They aren't skipping their breaks out of the goodness of their hearts. It's because they are being pressured to perform and they don't have time to take a lunch. Those drivers should file a class action.

California drivers did file a class action which led to their DIADs being locked out during their meal period.

 

[Mugarolla]

According to our union, if you get hurt off the clock, UPS can hang you out to dry.

Again. How can you hurt yourself during a pre-trip?

If you fell out of your tractor, you were not doing a pre-trip, you were putting your personal items in the tractor. Get it?

And yes, if you get hurt, off the clock, placing your personal items in your tractor, you are covered under workers comp.

Again, I do not condone working before your start time.

 

[Johney]

Again. How can you hurt yourself during a pre-trip?

If you fell out of your tractor, you were not doing a pre-trip, you were putting your personal items in the tractor. Get it?

And yes, if you get hurt, off the clock, placing your personal items in your tractor, you are covered under workers comp.

If this is true, I guarantee you'll be fighting for that coverage.

 

[Dracula]

How do you hurt yourself doing a pre-trip?

Possibly fall out of the tractor?

Covered under workers comp.

I agree, though, employees should not work before their start time.

I'm just telling you what we've always been told. Plenty of drivers have been injured in or around their tractors. Falls, twisted ankles and knees. I never grab my stuff or leave the check-in room until my start time.

 

[Mugarolla]

If this is true, I guarantee you'll be fighting for that coverage.

No sir. No fight what-so-ever. Keep reading and I'll get to why you are in your tractor "off the clock'"

3. Sidewalks and Parking Lots

In most cases, workers' compensation coverage begins when an employee starts his workday by stepping onto his employer's premises or an area controlled by his employer. It ends when a worker steps off his employer's premises or an area controlled by his employer.

The term "controlled by" refers to property an employer either owns outright, pays a mortgage on, pays property taxes on, pays a third party (like landscapers) to maintain, or is designated as a common area for which the employer contributes rent along with other tenants.

An area controlled by an employer is considered an extension of the worker's actual workplace. Examples of areas controlled by employers include sidewalks, grassy areas, parking lots, and any other property a worker traverses on his way to and from his actual workplace.

'm just telling you what we've always been told.

What you're told by someone that you did not reference is different than the truth and what is fact.

Plenty of drivers have been injured in or around their tractors. Falls, twisted ankles and knees.

I agree. That is what workers comp is for. And don't try and tell me that they didn't collect.

I never grab my stuff or leave the check-in room until my start time.

Do what you want. We are authorized by UPS to place our personal items in our tractor before our scheduled start time. And, being on the employers premises as referenced above, we are covered under workers comp.

I'll go one step further.

I know drivers that take out their radio and such everyday, or drivers that are on the pick board and run different jobs everyday. Hook up radios and remove when they are done.

We are instructed by management that if it takes longer than 2 minutes or so to install, or remove, our radios, that it is to be done off the clock.

So you tell me, sounds to me like permission from UPS to be in our tractor off the clock, as a matter of fact, a directive to be in our tractor off the clock.

And again, as referenced above, you are covered under workers comp.

You guys must have the weakest local that ever existed. This is a no brainer.

 

[Johney]

No sir. No fight what-so-ever. Keep reading and I'll get to why you are in your tractor "off the clock'"

3. Sidewalks and Parking Lots

In most cases, workers' compensation coverage begins when an employee starts his workday by stepping onto his employer's premises or an area controlled by his employer. It ends when a worker steps off his employer's premises or an area controlled by his employer.

The term "controlled by" refers to property an employer either owns outright, pays a mortgage on, pays property taxes on, pays a third party (like landscapers) to maintain, or is designated as a common area for which the employer contributes rent along with other tenants.

An area controlled by an employer is considered an extension of the worker's actual workplace. Examples of areas controlled by employers include sidewalks, grassy areas, parking lots, and any other property a worker traverses on his way to and from his actual workplace.



What you're told by someone that you did not reference is different than the truth and what is fact.



I agree. That is what workers comp is for. And don't try and tell me that they didn't collect.



Do what you want. We are authorized by UPS to place our personal items in our tractor before our scheduled start time. And, being on the employers premises as referenced above, we are covered under workers comp.

I'll go one step further.

I know drivers that take out their radio and such everyday, or drivers that are on the pick board and run different jobs everyday. Hook up radios and remove when they are done.

We are instructed by management that if it takes longer than 2 minutes or so to install, or remove, our radios, that it is to be done off the clock.

So you tell me, sounds to me like permission from UPS to be in our tractor off the clock, as a matter of fact, a directive to be in our tractor off the clock.

And again, as referenced above, you are covered under workers comp.

You guys must have the weakest local that ever existed. This is a no brainer.

Still doesn't mean the comp carrier won't deny your claim. Will they lose? Of course, but they can still deny it claiming you weren't on the clock. I've seen it happen. Just for the record if you chose to fight it "here" the backlog on comp cases in the system is about an 18 month wait to get in front of the judge. Can you go 18 month's w/o pay or healthcare? I've seen that happen also.

 

[Mugarolla]

Still doesn't mean the comp carrier won't deny your claim. Will they lose? Of course, but they can still deny it claiming you weren't on the clock. I've seen it happen. Just for the record if you chose to fight it "here" the backlog on comp cases in the system is about an 18 month wait to get in front of the judge. Can you go 18 month's w/o pay or healthcare? I've seen that happen also.

Have you ever seen it denied?

I haven't.

Most states follow a simple rule for applying workers’ comp benefits that says “while in the course of employment, not necessarily just "being on the clock."

Henry v. Precision Apparatus, Missouri Court of Appeals, No. 29772, 2/16/10

This state accepts the idea that if an employee is injured “off the clock” while performing tasks in the workplace that benefit the employer, that worker is be eligible for workers’ comp benefits.

Installing your radio in your tractor off the clock benefits the employer making you ready to work at your start time, without the need to spend the next 10 minutes on the clock installing it, making you 10 minutes behind already.

And UPS has instructed you to install it off the clock.

They may deny it at first, but having to go in front of a judge is unrealistic. The administrative hearing, the first appeal, usually heard within 2 weeks, will set UPS straight.

 

[Johney]

Have you ever seen it denied?

I haven't.

Most states follow a simple rule for applying workers’ comp benefits that says “while in the course of employment, not necessarily just "being on the clock."

Henry v. Precision Apparatus, Missouri Court of Appeals, No. 29772, 2/16/10

This state accepts the idea that if an employee is injured “off the clock” while performing tasks in the workplace that benefit the employer, that worker is be eligible for workers’ comp benefits.

Installing your radio in your tractor off the clock benefits the employer making you ready to work at your start time, without the need to spend the next 10 minutes on the clock installing it, making you 10 minutes behind already.

And UPS has instructed you to install it off the clock.

They may deny it at first, but having to go in front of a judge is unrealistic. The administrative hearing, the first appeal, usually heard within 2 weeks, will set UPS straight.

I have seen many claims denied in my years here. Not sure what you mean by administrative hearing. Your case gets denied here, you hire an attorney and have to fight them. If they continue to deny you it goes to a judge. Seen that happen also. Things are different everywhere so no sense debating this anymore.

 

[Mugarolla]

I have seen many claims denied in my years here. Not sure what you mean by administrative hearing. Your case gets denied here, you hire an attorney and have to fight them. If they continue to deny you it goes to a judge. Seen that happen also. Things are different everywhere so no sense debating this anymore.

I have seen claims denied also, but not because the employee was not on the clock. I have seen claims denied because they were the result of something away from work, not related to work, such as degenerative discs.

My question was have you ever seen a claim denied because an employee was injured at work, but was ruled to have been "off the clock?"

 

[Mugarolla]

And again, I do not condone working off the clock.

 

[Dracula]

Where I'm at, they have been known to complain about how long it takes us to put in and take out our stuff, but all it takes is standing up for yourself. Our contract has sections about CB radios, and we are under no obligation to do that off the clock. It takes is long as it takes. They can, and have, watched me. Big deal. They also have complained and watched me hook up my equipment because they have said it takes too long. Again, it takes as long as it takes. Strangely enough, they never say a word when the sort isn't done, or a seal is missing, or the load isn't secured, or if I have a breakdown. Not such a big deal when it's their fault. Odd, huh?

But two minutes to hook up your radio? I hope you're not sweating.

 

[Dracula]

And again, I do not condone working off the clock.

Sounds like you are, hooking up your stuff.