Best Bluetooth

Bubblehead

My Senior Picture
This issue is not about an extra contract agreement.

Cell phone usage is specifically addressed in the contract and is not disallowed unless it is against the law in a particular area.

So I contend that they can say whatever they want, but are powerless to discipline on this issue.
 

BigBrownSanta

Well-Known Member
This issue is not about an extra contract agreement.

Cell phone usage is specifically addressed in the contract and is not disallowed unless it is against the law in a particular area.

So I contend that they can say whatever they want, but are powerless to discipline on this issue.

I agree with this.

The company can tell you not to use your cell phone while driving because you have to hold the phone in one hand.

IMO, even if you you use a bluetooth earpiece, you should still pull over to have a conversation. That way the truck noise and wind won't hinder you from hearing the other person.
 

over9five

Moderator
Staff member
I read somewhere that cell phone usage as the cause of accidents has now equaled alcohol as a cause of accidents.

I would consider this a safety issue, and in my opinion UPS can forbid its drivers from using one while driving. I don't see the contract protecting you after you've been told it is against policy to use it while driving. Progressive discipline would apply.

In some states it is legal to have a beer while driving. Does this mean UPS drivers can have a beer while driving? Give it a try, and let us know what happens.
 

BigBrownSanta

Well-Known Member
I read somewhere that cell phone usage as the cause of accidents has now equaled alcohol as a cause of accidents.

I would consider this a safety issue, and in my opinion UPS can forbid its drivers from using one while driving. I don't see the contract protecting you after you've been told it is against policy to use it while driving. Progressive discipline would apply.

In some states it is legal to have a beer while driving. Does this mean UPS drivers can have a beer while driving? Give it a try, and let us know what happens.

In that article you read, was it broken down by bluetooth users vs. non-bluetooth users?

I have been using a bluetooth daily for about 2 years now. I don't consider it a safety issue to use a bluetooth while driving, although I do condone pulling over to have the conversation. Both hands are free to drive and shift gears. You have free movement of your head to look around and scan your surroundings. You can't do those things while holding a cell to your ear.

Article 18 Section 8 Paragraph 2 covers cell phone usage. Applicable laws are to be followed.

BTW, drinking and driving while on duty IS covered in the contract.
 

diesel96

Well-Known Member
C/NET has the Jawbone II as their highest rated. It's supposed to have military grade noise cancelling. I haven't tried one personally but have heard positive feedback from a couple other drivers who have them.

I have a jawbone 1, and the noise canceling works very well. The problem I have found is that it's hard to get it to seal well around the ear, so even though the other party may hear you, you may not be able to hear them.

This could possibly be a feature, depending on who you are talking to :peaceful:

It is the best of all the headsets I tried (I have a drawer full of them...)

Agreed .....Jawbone has been my best bluetooth according to people at the other end of the conversation. My problem is it's keep falling off my ear:slap: at 70mph as i forget to take it off riding the motorcycle:scooter: home....
 

over9five

Moderator
Staff member
BBS,
Nope, it wasn't broken down that way. I wish I could link to where I saw it, it'll come back to me.

Article 18 that you cited seems very cut and dried. I know we have something posted prohibiting cell phone use while driving any UPS vehicle. No laws against it in Mass. I'll have to look into that more.

I use bluetooth, too. I don't make calls while I'm driving, but I have answered incoming calls. Even then I like to pull over. What you said about being able to steer and shift is true, but I worry about people having their full attention on their driving.
 

Mike Hawk

Well-Known Member
Paying attention is a big issue. I have seen various tv shows where they put people on cell phones while driving on an easy obstacle course, something that most could do with one eye and one hand. Even veteran police officers couldn't complete the course while being asked questions that require you to think about the answer. Most conversation are not that thinking intensive, and can be done easily while driving down a road, the problem comes when you have to defensively react to something on the road, and your mind is somewhere else in a conversation.
 

outta hours

Well-Known Member
It's called work as directed. That is why some posters are saying it is against the rules in their centers, while others are saying it is not at their center. Just like the scenario you brought up. Except, I don't think many CMs would say "sure, throw those damns things around anyway you please" :happy-very:

Also, Outta Hour's post does not apply to this discussion. Telling drivers that they are not allowed to use cell phones while driving (and clocked in) does not violate ANY contract stipulation. And it is not an "extra contract agreement." That is called "work as directed" and has a very special name in the contract.

Let's see if our master of incorrectly citing contract sections can tell us what that term is.


Section 8. Radios
Transistor radios will be allowed in package cars.


Applicable laws regarding the use of cell phones while driving will be
followed by all employees while driving Company vehicles. The use of cell
phones by other employees will be with approval of the Employer.



If this is not being followed and you are instructed/directed
to do something outside of this language article certainly 6 does apply.

If they wanted to forbid cell phone usage it would have been negotiated and inserted here. It is not and therefore their directive does not apply

and you can grieve the instruction/ work as directed order. And win. I mean the company would never make you believe and do something that wasn't true would they?:wink2:

NEXT
 

Bubblehead

My Senior Picture
I agree with this.

The company can tell you not to use your cell phone while driving because you have to hold the phone in one hand.

IMO, even if you you use a bluetooth earpiece, you should still pull over to have a conversation. That way the truck noise and wind won't hinder you from hearing the other person.


By agreeing you contradict the point made in my post.

Point being, the contract specifically addresses this issue. Your opinion and anybody else's opinion is irrelevant.

Bottom line is that local laws will apply regarding cell phone usage while driving a UPS vehicle.

So as long as the local laws don't prohibit the use of a cell phone while driving, UPS is powerless to discipline on this issue.

The company does not have the authority to rewrite the contract.

In my opinion their concerns are valid, which is an exception. But bottom line is that they had an opportunity within the past year to incorporate this into the new contract but saw fit to pursuit other interests. Just goes to show that safety isn't first. As always it's the bottom line that is first.
 

BigBrownSanta

Well-Known Member
By agreeing you contradict the point made in my post.

Point being, the contract specifically addresses this issue. Your opinion and anybody else's opinion is irrelevant.

Bottom line is that local laws will apply regarding cell phone usage while driving a UPS vehicle.

So as long as the local laws don't prohibit the use of a cell phone while driving, UPS is powerless to discipline on this issue.

The company does not have the authority to rewrite the contract.

In my opinion their concerns are valid, which is an exception. But bottom line is that they had an opportunity within the past year to incorporate this into the new contract but saw fit to pursuit other interests. Just goes to show that safety isn't first. As always it's the bottom line that is first.

Again, I agree, but in a non-contradictious way.
 

drewed

Shankman
Section 8. Radios
Transistor radios will be allowed in package cars.


Applicable laws regarding the use of cell phones while driving will be
followed by all employees while driving Company vehicles. The use of cell
phones by other employees will be with approval of the Employer.



If this is not being followed and you are instructed/directed
to do something outside of this language article certainly 6 does apply.

If they wanted to forbid cell phone usage it would have been negotiated and inserted here. It is not and therefore their directive does not apply

and you can grieve the instruction/ work as directed order. And win. I mean the company would never make you believe and do something that wasn't true would they?:wink2:

NEXT
thats how you interpret it....
i interpret to say if you live in an area that has usage laws of course it supercedes policy but for ALL OTHER employees that dont have a local law its up to UPS to determine
 
thats how you interpret it....
i interpret to say if you live in an area that has usage laws of course it supercedes policy but for ALL OTHER employees that dont have a local law its up to UPS to determine
Applicable laws regarding the use of cell phones while driving will be
followed by all employees while driving Company vehicles. The use of cell
phones by other employees will be with approval of the Employer.
Please point out to me where the article sited gives UPS that privilege on driver cell phone usage.
 

Bubblehead

My Senior Picture
thats how you interpret it....
i interpret to say if you live in an area that has usage laws of course it supercedes policy but for ALL OTHER employees that dont have a local law its up to UPS to determine

WRONG
It has been grieved and ruled on at the national level.
If it isn't illegal in the jurisdiction that you reside then it is OK to use your cell phone while driving a UPS vehicle.
As I stated before if it was something UPS wanted contractually then it should have been addressed in the new contract.
Saftey first is what they say not what they do.
 

over9five

Moderator
Staff member
Hmmm, the no cell phone policy that was posted has been removed.
They must have read BBS post before I got to work!


How 'bout this everybody?

What if UPS said "No personal cell phone use while on company time".
In other words, they do not even bring up the "while driving" part. They want you working on company time, not talking.
 

drewed

Shankman
Hmmm, the no cell phone policy that was posted has been removed.
They must have read BBS post before I got to work!


How 'bout this everybody?

What if UPS said "No personal cell phone use while on company time".
In other words, they do not even bring up the "while driving" part. They want you working on company time, not talking.

very good point,that 2 minute phone call home could be considered stealing time, and yes i know we've had this discussion before. Or have no cell phones on company vehicles, tugs, pc, feeders, cell phone goes off, runs into somebody, whos job would that be?
 

BigBrownSanta

Well-Known Member
very good point,that 2 minute phone call home could be considered stealing time, and yes i know we've had this discussion before. Or have no cell phones on company vehicles, tugs, pc, feeders, cell phone goes off, runs into somebody, whos job would that be?

I'm gonna have to say the sup who called the driver looking for a meet point to get the driver's misloads. :wink:
 
Top