Change in hours of service rules. Sunday Extra work.

xracer

Well-Known Member
On December 16, 2014 USDOT changed the rules for reset of driver hours reverting back to the old rule of only needing 34 hours off duty to gain a reset for HOS and no longer requiring the two 1:00am-5:00am periods which had been previously added. With this change Extra Sunday work available on December 21st now became legal for drivers finishing their work week Saturday morning. Sunday Extra work under our supplement gets paid at a rate of 1.5 times your hourly rate for the first 8 hours and 2 times your overtime rate (or triple hourly rate) for all hours worked in excess of 8 hours. With this being said HS MEMO 14-011 states "U.S. Transportation Operations will delay deployment of the 34-hour restart rule until the HOS monitoring system in IVIS has been re-programmed to be in compliance with the changes." With this memo all of the top seniority drivers in our building were eliminated from working on Sunday. Most of the people working that day worked 12+ hours which would result in approximately an $800 day. My question would be if anyone out there has filed a grievance on this as I believe that the only reason that we were denied working this day is due to equipment failure on the part of UPS and if it filed under a simple violation of seniority or something else. I would like to add that because of the short holiday work week all affected drivers would have still been able to complete their normal work duties throughout the rest of the week.
 

over9five

Moderator
Staff member
Wow, first I've heard of this. Apparently, it's a temporary suspension until at least Sept 2015. http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/HOS Fed Reg Notice Dec 17 2014.pdf
Ultimately, the DRIVER is responsible for keeping track of his hours (they tell us this all the time). So did you, or anyone in your group TRY to work that Sunday? Did you tell them Yes, according to the FMSCA, I DO have hours? If you tried, and were denied work, I think you'd win the grievance.
Very interesting!
 

Jones

fILE A GRIEVE!
Staff member
Wow, first I've heard of this. Apparently, it's a temporary suspension until at least Sept 2015. http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/HOS Fed Reg Notice Dec 17 2014.pdf
Ultimately, the DRIVER is responsible for keeping track of his hours (they tell us this all the time). So did you, or anyone in your group TRY to work that Sunday? Did you tell them Yes, according to the FMSCA, I DO have hours? If you tried, and were denied work, I think you'd win the grievance.
Very interesting!
We were all over that the day it went into effect because there was plenty of Sunday double time work available and plenty of drivers who wanted it. Local management drug their feet on it a little bit basically because nobody wanted to give the official OK until their boss gave them the official ok but as far as I know everyone who wanted to work that Sunday had at least a couple hours available before midnight so no one was denied on that basis. We've since got the word that UPS is using the new(old) reset rule and I'm pretty sure they have updated their software to reflect that.
 
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