If he's laid off then file, period. If the driver is fired then follow the grievance procedure.
The company does not get to have it both ways. By filing, they will be asked about available work, they will claim he has an 8hr gaurentee, so they won't have to pay, yet they refuse to properly pull him from service. By filing, it will force the company to either pay the unemployment benefits, or take him off layoff.
Management has a duty obligation and responsibility to do things correctly. Either the driver is suspended, fired, layed off, or in service. Suspended or fired, there's a grievance process. In service, is self explanatory. File for layoff everyday your coded as a layoff. Simple easy. The company HATES it, but they've got rules to follow through.
My advice was not bad.
It will further his case along, by properly coding the driver.
As for the actual OP, he should know better, too bad so sad, he does not deserve to wear the shield and represent the professionalism we drivers have come to represent. Ain't got any sympathy for an Alki pos who gets behind the wheel, regardless of all the excuses they will give.