I asked you to show me the federal language specifying UPS can claim being exempt. Your response? I can't. That is an answer in itself. Go talk to a active on duty LEO yourself. It does not matter what I say, what I would provide so I'm not going to. You are not looking for an answer, you are looking to argue about what you think you know.
You are a 40 year company guy, have existed within a brown bubble for that time. You take the word of the place that paid your bills and lifestyle most of your life as undisputed truth. I get it. But short of you taking the initiative to talk to the people who interpret and enforce yourself, you aren't going to get an answer that you will take over someone in management saying "we're exempt" If we are exempt, then there is federal language on the books stating the specific exemption ups is claiming.
It doesn't work that I have to disprove what your manager said, it works that your manager has to show you his basis for his statement. If he can't do that, there is no legal basis, just his opinion.
Yesterday(Saturday off duty), I encountered a State Trooper working an accident. He was just filling out the report and I stopped to ask him of this subject. He simply didn't have any idea....he is a 15 year Trooper. He never wanted to do that kind of work. He did give me his sergeants number and I'll call Monday. Ok.
So far, I have yet to get any DPS office to answer the phone or they redirect you to the DL office.
I don't "go by any scales....". Any DPS office is miles from my home. Any recon will directly take rest/sleep from my schedule....I work 60 hours a week. Excuses? Yeah.
You take shots at me. Of which you make many assumptions. Say, didn't you say you were a 2 million mile driver? Where did you get this 2 million miles...at UPS? How long have you been at UPS? You've been a UPS feeder driver your whole life? And this bubble you speak of? Not sure what that is....my career is a little unusual(being I spent 9 years in Automotive) true but generally pretty normal...started part-time, went full-time, pkg car and then feeders....bubble? Hardly. And being that you don't know me personally AT ALL!.....you can't help yourself but attack me....personally. I'd really like to know why.
To be clear and review....my career time has nothing to do with this subject. I've been in feeders for 15 years....we've ALWAYS used load retainers....wasn't even a thing. You didn't pull until you had one and it was deployed. Period. Settled history.
It is interesting that you are making declarative, legal conclusions....absolutes. As if you are the arbiter of law. See, if you review all the responses on this thread...they vary widely...some supporting your conclusions....some not. Hardly definitive.
Again.....who to trust or believe or listen to or follow instruction.....You? Mgt? A highly subjective Trooper? Again....I don't know. They show me the reg and say "See, this doesn't apply to us for so and so. While the Safety Co-chair/Union Steward nods in agreement. I don't know. You showing me that reg. doesn't as you say....mean anything. True. See?
I was told by an ORS that they have 45 days to address a safety concern...I responded that you have 45 seconds to fix this.....to be legal....they say not so. See?
I was asked if I was willing to basically lose my job over this.....to be clear: no. But why does it have to get to that point? Either they are required or not. This seems pretty strait forward and without controversy. Again, I can work as directed or eventually get fired over this. Remember, the Union is silent and completely reactionary. Lose your job......with an outcome that is uncertain. With most feeder drivers saying (30 year guys) "Do what you gotta do..." Hardly helpful or definitive. Bowing up and refusing to pull a load will have consequences....of which I am not certain. Scared. No. You got to be smart about these things......that's experience talking.
Btw, interestingly, the Trooper had "loaded pkgs for UPS"...before going into the Army and Iraq and eventually becoming a Trooper.
He did mention taking on UPS and all that could be. He also mentioned that Troopers don't generally Level 1 inspect UPS because we are generally squared away and it would be a waste of time.....his words.....Fed-Ex another story.
And....say the Sergeant Trooper says UPS is wrong.....then what? Do I go in next shift and say you are mistaken MGT. and I refuse to leave without a load retainer? I would at least have to have a written statement from the Trooper. Do you really think that will happen? Short of the Trooper meeting with my Division Mgr........I don't have any solid/legal footing to not follow instruction without discipline up to and including discharge.....sound familiar? No? I know better. I did text the District Transportation Mgr. No response.
SEE?
BTW, I'm not here "to argue".......I'm here to find out if load retainers are required.....this is a pretty basic concept. Either they are or not.
