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Continually over 9.5
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<blockquote data-quote="RolloTony Brown Town" data-source="post: 4221558" data-attributes="member: 42001"><p>Youre referring to the Watson 9.5 arbitration I’m assuming...</p><p></p><p>There were circumstances that affected that outcome:</p><p></p><p>The driver hadn’t been violated in over 4 months...</p><p></p><p>Then on the week in question he was told on a specific day where he was given a helper, he was told to not work over 9.5 hours but he did anyways.</p><p></p><p>Yes the decision focused on the word “continually” and it found in this particular case that this one week was not continual. </p><p></p><p>If you file every week that you’re over 9.5 3 times in a week then odds are the company will still pay.</p><p></p><p>The contract also says that the company will make a reasonable effort to reduce a driver’s day below 9.5 hours PER day.</p><p></p><p>So if you’re on 9.5 opt in and on monday you work 11 hours and Friday you work 10 hours but you work 9 hours on Tuesday-Thursday you could argue that the company didn’t make a reasonable effort to reduce your day below 9.5 per day.</p><p></p><p>It’s all about documentation. If you file every time then there’s a paper trail.</p></blockquote><p></p>
[QUOTE="RolloTony Brown Town, post: 4221558, member: 42001"] Youre referring to the Watson 9.5 arbitration I’m assuming... There were circumstances that affected that outcome: The driver hadn’t been violated in over 4 months... Then on the week in question he was told on a specific day where he was given a helper, he was told to not work over 9.5 hours but he did anyways. Yes the decision focused on the word “continually” and it found in this particular case that this one week was not continual. If you file every week that you’re over 9.5 3 times in a week then odds are the company will still pay. The contract also says that the company will make a reasonable effort to reduce a driver’s day below 9.5 hours PER day. So if you’re on 9.5 opt in and on monday you work 11 hours and Friday you work 10 hours but you work 9 hours on Tuesday-Thursday you could argue that the company didn’t make a reasonable effort to reduce your day below 9.5 per day. It’s all about documentation. If you file every time then there’s a paper trail. [/QUOTE]
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