I’ve worked 59.57 hours this week, and now I’m forced to work Saturday. Now what?

[over9five]

Ugh..been looking st the FMSCA website. I can't even find the part where it said the company could switch whenever they want anymore.
It seems that FMSCA just says if the company operates commercial vehicles (doesnt have to be sleepers or even tractor trailers) 7 days a week, then they assume you're on a 70...

This is DOT, the contract may save you if it says otherwise...

 

[trickpony1]

I told my supervisor and center manager (no response to messages). The Saturday supervisor is different and I do not have their number.

But okay I should show up? I’m quite annoyed

Get all the important people's numbers like:
-auto shop;
-gate guard;
-dispatch;
-union steward;
-union hall and;
anyone else you MAY need to contact.
Your cell phone memory will store many numbers and you never know when you might need to call them.

Predictive helping.

 

[DriverNerd]

Where is this done? On a website that it is instantly done and registered immediately? When I started driving, it would have had to been submitted by paper, the WWW wasn't a thing yet.

I came off the road 9 years ago, up until that time, if a company ran a sleeper truck that was used in OTR operations, the company had to be declared a 70 hour 8 day operation.

I'm not saying you're wrong or right, I legitimately don't know if things have changed, but I never heard of a company flipping their federally declared operation instantly at will.

I thought ELD's eliminated all this. I'm not in feeders so I may also be wrong about this.

 

[IVE GOTTA PACKAGE 4U]

Not totally true for package car.
This is from article 26 NMA. OP, this may answer your questions as well.

Section 5. DOT Hours of Service
The Company shall not change the DOT sixty (60) hours in seven (7) days to the seventy (70) hours in eight (8) days rule for package drivers except at Peak. With prior approval of the Company’s President of Labor Relations and the Teamster’s Package Division Director, the DOT standard may also be changed if required due to Acts of God or emergencies creating service disruptions. When the Company changes the sixty (60) hour rule it shall first solicit vol- unteers to work in excess of sixty (60) hours from all package car
- 83 -

Article 26
drivers in the center. If sufficient volunteers cannot be obtained to cover the over sixty (60) work hours, the Company will first force seasonal package car drivers, non-seniority package car drivers, part-time cover driver classifications and, then Article 22.4(b) drivers. Seniority package car drivers will only be forced after exhausting the seasonal, non-probationary drivers force process, part-time cover driver classifications and Article 22.4(b) drivers. No regular package car driver red circled under Article 22.4(b) will be forced to work on a day off and exceed sixty (60) hours unless he has a full eight (8) hours of duty available. Any regular or Article 22.4 package car driver who volunteers or is forced to work over sixty (60) hours in a week pursuant to this paragraph will be compensated at double-time for those hours. This para- graph supersedes any provision in any Supplement, Rider or Ad- dendum which addresses this subject. This Section is not intended to give the Company the right to force seniority package car driv- ers to work on a weekend unless permitted by the applicable Sup- plement, Rider or Addendum.




In other words, if your building hasn’t approved a 70 hour week, then you can’t be forced in. If they have you’re gonna get double time all day today so take your breaks, work safe, and jam it straight up their asses.

Unless they declare the 70 hour rule You won't get double time.
They might force him to be a helper

 

[Buffet Master]

I thought ELD's eliminated all this. I'm not in feeders so I may also be wrong about this.

I think we are talking about 2 different things under the same general topic. If you are a DOT registered operation, you must be Federally registered as a 60 hour 7 day operation or a 70 hour 8 day operation. The hours and days are irrelevant pertaining to the company operations itself. Trucking is 24/7, 365.
Where it matters is to a driver that fills out a log book, whether paper or electronic. It has to do with recapping of hours. I don't know if you RPCD guys log? But what it means is as a driver under 60/7 that you can only work 60 hours in a 7 day period, you do not gain hours back until 12:01 of the 8th day. The hours gained back are the hours from day one of the duty cycle. This of course is if you do not have a 34 hour restart, which is not mandatory to do as a lot of guys think it is. It did not exist prior to '02 or' 03. In theory you can work 8.75 hours a day indefinitely and never run out of hours.

 

[Working4the1%]

People underestimate just how identifying all this information is. Be just a little more vague.

How many drivers in the company are a Tues-Sat 22.4 driver with 59.57 hours being forced to go in on Monday?

I'm guessing 1 in the entire company. Anybody in the management team or with access to the information could easily pinpoint.

And then what

 

[DriverNerd]

I think we are talking about 2 different things under the same general topic. If you are a DOT registered operation, you must be Federally registered as a 60 hour 7 day operation or a 70 hour 8 day operation. The hours and days are irrelevant pertaining to the company operations itself. Trucking is 24/7, 365.
Where it matters is to a driver that fills out a log book, whether paper or electronic. It has to do with recapping of hours. I don't know if you RPCD guys log? But what it means is as a driver under 60/7 that you can only work 60 hours in a 7 day period, you do not gain hours back until 12:01 of the 8th day. The hours gained back are the hours from day one of the duty cycle. This of course is if you do not have a 34 hour restart, which is not mandatory to do as a lot of guys think it is. It did not exist prior to '02 or' 03. In theory you can work 8.75 hours a day indefinitely and never run out of hours.

You are right that truckers work everyday, but not all companies work truckers 7 days per week. I know of no regulations that pertain to registering as either 60 or 70, just the amount of days you need to be in service to qualify for either. (I am not saying there isn't any.) We don't log as in a traditional ELD, but our DIADs have all the same information from leaving and returning from property, unpaid breaks, etc, everything is tracked by UPS. I assume that some of that information is sent to the DOT because that would make sense, but I don't know for sure. I agree the reset is only really necessarily for the drivers working a lot of hours per day, other times you get the reset without even thinking about it. When I came in for the Saturday after Thanksgiving I was told I only had 12.5 hours available, but considering I had 34 hours off for Thanksgiving...

 

[wilberforce15]

And then what

Lol

 

[Buffet Master]

You are right that truckers work everyday, but not all companies work truckers 7 days per week. I know of no regulations that pertain to registering as either 60 or 70, just the amount of days you need to be in service to qualify for either. (I am not saying there isn't any.) We don't log as in a traditional ELD, but our DIADs have all the same information from leaving and returning from property, unpaid breaks, etc, everything is tracked by UPS. I assume that some of that information is sent to the DOT because that would make sense, but I don't know for sure. I agree the reset is only really necessarily for the drivers working a lot of hours per day, other times you get the reset without even thinking about it. When I came in for the Saturday after Thanksgiving I was told I only had 12.5 hours available, but considering I had 34 hours off for Thanksgiving...

It appears you are correct! My confusion or wrongful thinking is throughout the years I drove mostly for small operations where you knew the owner. And I've heard guys I worked for say we're declared as 70/8 or something similar.
So the fact is, UPS is definitely a 70/8 operation because sleeper trucks are operating 7 days a week. Edit- there are also Sunday to Thursday and Friday to Monday day jobs which fall in the parameters making it a 7 day operation.

 

[babboo25]

The company can switch 60-70 with the DOT anytime it pleases and the DOT will not care. They do not care who follows which rule as long as one is followed. The only reason it is in the contract is to avoid randomly increasing someone's week without them knowing at the last second.

Has to be mutually agreed upon between UPS and union, again the misinformation on this forum is rampant.

 

[babboo25]

I am a 22.4 and normally a T-Sat driver, but was forced in on Monday. Now I’m at 59.57 hours before starting this morning and they told me I am forced to go in.

Should I show up? No, the 70-hour rule is NOT in effect at my center. This is the first time I’ve hit 60 hours so I’m not sure what to do. I really don’t even want to go to the center for 28 minutes but I don’t want to get in trouble either.

Any advice? Thanks

Did they give you a start time?? If they force you over 60 I would take a close look at your Timecard, they may code you as preload or reload for some of those hours, unlikely but wouldn’t surprise me.

 

[babboo25]

Keep in mind any time that you spent on the clock while coded as on break in your DIAD does not count towards the 60 hour rule. You must subtract out all your (paid off duty) break time from your total hours worked in order to calculate your available DOT hours for the 60 hour rule. The same would apply if you were under the 70 hour rule.

His Timecard is showing that time already deducted, you basically told him to deduct it twice,

 

[babboo25]

People underestimate just how identifying all this information is. Be just a little more vague.

How many drivers in the company are a Tues-Sat 22.4 driver with 59.57 hours being forced to go in on Monday?

I'm guessing 1 in the entire company. Anybody in the management team or with access to the information could easily pinpoint.

Am I missing the part where he admitted he was stealing iPhones?? Jesus dude, paranoid much??

 

[wilberforce15]

Am I missing the part where he admitted he was stealing iPhones?? Jesus dude, paranoid much??

Not Paranoid?

You must be new. There is a reason new users are instructed not to use their real names or post identifying information.

 

[Sweeper]

His Timecard is showing that time already deducted, you basically told him to deduct it twice,

Let me start out by saying it’s very difficult to make blanket statements on this site due to the differences in how the company and the union do things in different areas.

I’m assuming by “his time card” you are referring to the time card viewer on upsers.com.

My own personal time card viewer on upsers.com does not separate out break time (compensated off duty time) on the main screen. My time card viewer on upsers.com does separate out “meal time/unpaid” into a separate column. On my time card viewer break time which can be found by opening up the individual day and viewing the time put in for each break which in my case would need to be tallied up and then combined to the “meal time/unpaid” column. After adding both together I’d then need deduct from the “total hrs” column on the time card viewer to compute hours as hours apply to the 60 or 70 hour rule.

This is the only way I know of to accurately compute DOT hours using resources provided by the company from home. I personally write down all my hours including breaks and meals in a note pad so I can compute my hours myself and not rely on UPS. Please let me know if you know of another system other than upsers.com time card viewer that is accessible to hourly union employees from home that can be used to check DOT hours. Thank You

 

[MyTripisCut]

Unless they declare the 70 hour rule You won't get double time.
They might force him to be a helper

This company will never “force” me to do anything. Call the cops if you want to “force”me in.

 

[IVE GOTTA PACKAGE 4U]

This company will never “force” me to do anything. Call the cops if you want to “force”me in.

They only have another week to pull this crap
One speak is over they cannot force you over 60 hours.

 

[Jones]

Ugh..been looking st the FMSCA website. I can't even find the part where it said the company could switch whenever they want anymore.
It seems that FMSCA just says if the company operates commercial vehicles (doesnt have to be sleepers or even tractor trailers) 7 days a week, then they assume you're on a 70...

View attachment 366948

This is DOT, the contract may save you if it says otherwise...

Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Guidance:
Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.

Regulations Section

www.fmcsa.dot.gov

 

[IVE GOTTA PACKAGE 4U]

Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Guidance:
Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.

Regulations Section

www.fmcsa.dot.gov

They don't want to put the 70-hour rule in because they have to pay double time over 60 for package car drivers

 

[over9five]

Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Guidance:
Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.

Regulations Section

www.fmcsa.dot.gov

Thank you for finding that. That's what I said in my first post.