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UPS says you have to go on meal while you wait on meet man? Changes coming.
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<blockquote data-quote="UnconTROLLed" data-source="post: 1226632" data-attributes="member: 18708"><p>Cliff notes for the reading impaired...The UPS "Mindset"</p><p></p><p>Q. Okay. Now, Mr. Bishop, while he was at Booneville, Missouri waiting for </p><p>another driver to bring him a set, he was not relieved of the responsibility for his </p><p>equipment, was he? </p><p>A. Well, during the deposition I know that I am on the record for stating that he </p><p>was not. Obviously, my statement was inconsistent with the companyfs policy</p><p>and since this hearing, I have reached out that what I stated was inconsistent with </p><p>company policy. </p><p>Q. Okay. Well, the policy at the time of Mr. Bishopfs discharge is that when hefs</p><p>taking a meal break, at least for Earth City feeder drivers, when Mr. Bishop was </p><p>taking a meal break or was at the Bobber Truck Stop, he was not free to be able to </p><p>play a round of golf if he wanted to, or go to the driving range, right? </p><p>A. Well, that was his understand and that was our understanding. </p><p>Q. So the policy was, at least for, as to Earth City based drivers, was that he has to </p><p>take care of the equipment and be in close attendance to it during his meal break, </p><p>correct. </p><p>A. I wouldnft call it a policy, sir.<strong> That was our mindset at the time.</strong></p><p>....</p><p></p><p>According to Respondent, the feeder supervisors who testified at the hearing regarding </p><p>their understanding in June of 2011 that feeder drivers were not free to play golf or go to the </p><p>driving range while they were on gmealh testified that their understanding and belief came from </p><p>their observations of what feeder drivers like Bishop actually did when they were on meal at 1:30 </p><p>in the morning, and did not come from a UPS policy. Respondentfs Reply Brief at 5-6. </p><p>The supervisors quoted above avoided, sometimes with difficulty, using the word </p><p>gpolicyh or grequirementh to describe the companyfs practice in Earth City. Whether the </p><p>appropriate term for what the company was doing in Missouri in June 2011, is gpolicy,h</p><p>gpractice,h gexpectationh or gunderstanding,h the supervisorsfriend testimony, nevertheless, </p><p>establishes that Complainant was not allowed to pursue activities of his own choosing </p><p>and was not relieved of responsibility for his equipment as he waited for the meet driver </p><p>at the Bobber Truck Stop. In an unusually unequivocal response for the supervisors, Mr. </p><p>Worthy testified gAt the time of this case, thatfs righth when asked if gat least within your</p><p>district, that driver is not allowed to leave the truck unattended and say, for example, take </p><p>a cab and go do something, shoot pool or anything like that?h Tr. at 39. Similarly, Mr. </p><p>Fogerty answered affirmatively when asked if drivers are not allowed to leave their sets </p><p>during their lunch break. Id. at 120-122. </p><p>The testimony above demonstrates that Complainant was not free to pursue </p><p>activities of his own choosing and was not relieved of responsibility for his equipment as </p><p>he waited for the meet driver at the Bobber Truck Stop. Nevertheless, he was required to </p><p>go on meal break. Therefore, I find that Complainantfs reporting of his time waiting for </p><p>the meet driver as gon dutyh was accurate.</p></blockquote><p></p>
[QUOTE="UnconTROLLed, post: 1226632, member: 18708"] 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.[b] That was our mindset at the time.[/b] .... 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. [/QUOTE]
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