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<blockquote data-quote="The Other Side" data-source="post: 544113" data-attributes="member: 17969"><p>Again, knowing the contract will help you.. In addition, you must understand the state laws where you work.</p><p> </p><p>Driving the vehicle during your lunch is considered a paid lunch under most state laws.. check your local state law regarding lunch and meal periods.</p><p> </p><p>However, article 37 covers this area. </p><p> </p><p>The contract states: ARTICLE 37 [NMA] <strong><span style="font-size: 12px">(D) no employee shall be disciplined for exceeding personal time based on data recieved from the DIAD/IVIS or other informational technology.</span></strong></p><p> </p><p>Any information provided by DIAD regarding excess time CANNOT be used against you. The data compiled by telematics is worthless. Yes, they can talk to you about it, but you dont have to answer for it. If they want to know what you were doing, they still have to come out and observe you the old fashion way.</p><p> </p><p>Remember, you are considered INNOCENT until PROVEN guilty, not the other way around.</p><p> </p><p>You dont have to admit to anything. In article 37 it also says that all employees shall "act in the best interests of the company". This is up to you. If you are cleaning your windshield, checking your tires, sorting packages, moving packages or sending ODS messages, this is all IN THE COMPANY's best interest.</p><p> </p><p>Any recording of excess minutes by telematics is useless information with respect to discipline. </p><p> </p><p>Know your rights and you will beat this everytime.</p><p> </p><p>1) innocent until proven guilty</p><p>2) no info obtained by diad</p><p> </p><p>If the company uses terms like stole, steal, stealing, I would file a harrassment charge as they have NO useable proof you did anything.</p><p> </p><p>Once you beat them on this, they have no choice but to back off.</p><p> </p><p>Ive beaten them back in my center and this program has been killed.</p><p> </p><p>Good luck , stick to your guns.</p><p> </p><p>Out.<img src="/community/styles/default/xenforo/smilies/FeltTip/wink.png" class="smilie" loading="lazy" alt=":wink2:" title="Wink :wink2:" data-shortname=":wink2:" /></p></blockquote><p></p>
[QUOTE="The Other Side, post: 544113, member: 17969"] Again, knowing the contract will help you.. In addition, you must understand the state laws where you work. Driving the vehicle during your lunch is considered a paid lunch under most state laws.. check your local state law regarding lunch and meal periods. However, article 37 covers this area. The contract states: ARTICLE 37 [NMA] [B][SIZE=3](D) no employee shall be disciplined for exceeding personal time based on data recieved from the DIAD/IVIS or other informational technology.[/SIZE][/B] Any information provided by DIAD regarding excess time CANNOT be used against you. The data compiled by telematics is worthless. Yes, they can talk to you about it, but you dont have to answer for it. If they want to know what you were doing, they still have to come out and observe you the old fashion way. Remember, you are considered INNOCENT until PROVEN guilty, not the other way around. You dont have to admit to anything. In article 37 it also says that all employees shall "act in the best interests of the company". This is up to you. If you are cleaning your windshield, checking your tires, sorting packages, moving packages or sending ODS messages, this is all IN THE COMPANY's best interest. Any recording of excess minutes by telematics is useless information with respect to discipline. Know your rights and you will beat this everytime. 1) innocent until proven guilty 2) no info obtained by diad If the company uses terms like stole, steal, stealing, I would file a harrassment charge as they have NO useable proof you did anything. Once you beat them on this, they have no choice but to back off. Ive beaten them back in my center and this program has been killed. Good luck , stick to your guns. Out.:wink2: [/QUOTE]
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