Cliff notes for the reading impaired...The UPS "Mindset"
Q. Okay. Now, Mr. Bishop, while he was at Booneville, Missouri waiting for
another driver to bring him a set, he was not relieved of the responsibility for his
equipment, was he?
A. Well, during the deposition I know that I am on the record for stating that he
was not. Obviously, my statement was inconsistent with the companyfs policy
and since this hearing, I have reached out that what I stated was inconsistent with
company policy.
Q. Okay. Well, the policy at the time of Mr. Bishopfs discharge is that when hefs
taking a meal break, at least for Earth City feeder drivers, when Mr. Bishop was
taking a meal break or was at the Bobber Truck Stop, he was not free to be able to
play a round of golf if he wanted to, or go to the driving range, right?
A. Well, that was his understand and that was our understanding.
Q. So the policy was, at least for, as to Earth City based drivers, was that he has to
take care of the equipment and be in close attendance to it during his meal break,
correct.
A. I wouldnft call it a policy, sir. That was our mindset at the time.
....
According to Respondent, the feeder supervisors who testified at the hearing regarding
their understanding in June of 2011 that feeder drivers were not free to play golf or go to the
driving range while they were on gmealh testified that their understanding and belief came from
their observations of what feeder drivers like Bishop actually did when they were on meal at 1:30
in the morning, and did not come from a UPS policy. Respondentfs Reply Brief at 5-6.
The supervisors quoted above avoided, sometimes with difficulty, using the word
gpolicyh or grequirementh to describe the companyfs practice in Earth City. Whether the
appropriate term for what the company was doing in Missouri in June 2011, is gpolicy,h
gpractice,h gexpectationh or gunderstanding,h the supervisorsfriend testimony, nevertheless,
establishes that Complainant was not allowed to pursue activities of his own choosing
and was not relieved of responsibility for his equipment as he waited for the meet driver
at the Bobber Truck Stop. In an unusually unequivocal response for the supervisors, Mr.
Worthy testified gAt the time of this case, thatfs righth when asked if gat least within your
district, that driver is not allowed to leave the truck unattended and say, for example, take
a cab and go do something, shoot pool or anything like that?h Tr. at 39. Similarly, Mr.
Fogerty answered affirmatively when asked if drivers are not allowed to leave their sets
during their lunch break. Id. at 120-122.
The testimony above demonstrates that Complainant was not free to pursue
activities of his own choosing and was not relieved of responsibility for his equipment as
he waited for the meet driver at the Bobber Truck Stop. Nevertheless, he was required to
go on meal break. Therefore, I find that Complainantfs reporting of his time waiting for
the meet driver as gon dutyh was accurate.
