Here we have yet another simple case to understand, yet, I have read the most redicuous explanations.
Look, this is a simple case of DISHONESTY. The driver recorded over 100 over 70 pound packages in one week. Thats an avg of 20 a day.
What needs to be considered first? Why. This driver obviously knows that using the over 70 code "ADDS" to the planned day time on the "WOR".
If "WOR" shows him with too high of a planned dispatch, then work could be removed and he would have to continue to record "false" over 70 pound packages to maintain a planned day over 9.5.
The action is a "deliberate" action, and thats all it takes to determine dishonesty. Nothing else matters. Its the "intention" thats dishonest.
This isnt a "mistake", a sheeting error that can be explained by some pressing of the wrong buttons. It takes a deliberate action to press the required keys to get to the over 70 screen.
There are many drivers who "think" they can beat the system by manipulating the diad coding. Everyday, there are drivers across this country getting away with various manipulations, howver, at some point someone catches on.
This driver "intended" on accomplishing something improper when he recorded that many packages. If this drivers history shows weeks of this kind of recording, then he's a dead player in arbitration.
He would have to demonstrate in arbitration that the over 70 pound recordings were legitimate in order to beat the dishonesty charge.
With over 100 a week, showing 20 a day would be next to impossible.
In addition, with over 20 a day, the policy of the company is to ask for assistance from a fellow teamster, and I am sure he NEVER called for help with any of them.
Remember, its his "intention" that is in question here. Nothing else matters. If he intended on defrauding the company (planned day) than he's guilty of dishonesty.
Now, he may get his job back thru negotiations, but I wouldnt put money on an arbitration case.
If he was recieving production bonus because of his improper recordings, then the company will tally that up and hold him out until it neutralizes any gains he recieved. For example, if he recieved three months of bonus totaling 5000 dollars, then he would be out two months. One month to make up the 5000, and one month as a penalty.
The real lesson here is for everyone to do the job correctly. Stop trying to re-invent the wheel when it comes to recording packages. We are all over dispatched and tired. Working long hours (12 hours) a day for months can make you want to do whatever you can to cut the load down. But is it worth your career when you get caught?
Obviously, the answer is no.
Stop making excuses for drivers who's actions are clearly dishonest.
There is no reasonable explanation for these recordings.
He will be lucky if the Union can negotiate his return.