Brownpride816
Well-Known Member
Well I didnt even have a lunch! just a break and they still wouldnt take it off. I told them I was going to give away one of my hours, I told them to go and alter it and add my hour lunch. but they did not want to
Terminated for DOT violation (working over 14 hrs)
- Thread starter Brownpride816
- Start date
Brownpride816
Well-Known Member
thats what another driver told me to do, I was too scared, but now i know better. thank yoU!
A
anonymous6
Guest
well , you better mind your p's and q's and bug the hell out of them on the phone when you have a question. they were nice to you because they were wrong. or like someone else said "it's peak"
watch yourself after peak.
reply after hitting ( reply with quote ) so that we know what the heck you are talking about.
104Feeder
Phoenix Feeder
Your other option was to sit out and wait for Panel and hope it was decided then. It could always be postponed and you wait & wait with back pay being the wild card. You made a wise choice. No grievance is necessary because this agreement settles the original grievance for 'suspension unjust and unwarranted'.
You screwed up but it's easy to do in your position when you are working different positions and shifts. They overreacted and should be available to address these kind of issues at all times. Educate your co-workers so no one learns this lesson the hard way and make them regret taking you out for the rest of your career.
UnconTROLLed
perfection
This is an epiphany that usually occurs within the first three months.
UnconTROLLed
perfection
HAHA! telling management what to do....that's awesome. WIth that strategy, your best bet is to strongly imply the opposite of your intended self-interested outcome. there will be some feathers ruffled, and with that, said decision maker will almost surely trump your demand.
" do NOT try any funny stuff adding an hour lunch, so I am under 14... "
you better believe they'll add it.
Wouldn't have mattered anyhow. Your 14 hours is punch to punch, whether you take lunch or not.
Dracula
Package Car is cake compared to this...
Sounds like the hubbub isn't about you working over 14 hours, but the fact you couldn't protect your preload job. Actually, I would bet this week's check, that the real problem is your bosses, bosses, bosses found out that a part-timer worked over 14 hours and, "How in the HELL did you let a part-timer work THAT many hours?!?!" And then, the ball began rolling downhill until it rolled you over.
The lesson here is really quite simple. Never, NEVER make a decision of your own. Let management make the decisions. Trust me, the laughs you'll get watching their dumb-assed choices is worth playing dumb.
Since you're part-time, most likely they never really reviewed with you the rules concerning DOT hours of work. You CAN work over 14HRS once a week, as long as you aren't driving more than 11HRS during that day. You still need to inform them. You always need to tell your sup that you're at risk of going over 14HRS, then let them make the decision. And as others have said, 14HRS is from the time you punch in, until the time you punch out. Even though you don't get paid for lunch, it still counts towards your 14.
But I'm guessing what really got you, and made your supervisors look like the morons they really are, is that you either started working before your mandatory 10HRS off the clock began, or that you couldn't start preloading at your normal time. So if your preload start time was 3:30 AM, for example, you would HAVE to have been off the clock from driving at 5:30PM the previous day. See, 10HRS?
Bottom line: only you can protect yourself in these situations. Never be afraid to call and throw your weight around. Meaning, TELL them, in the example above, that you HAVE to clock out by 5:30, and it's 4:30 now, and I have 50 stops left, and I'm bringing them back NOW! Tell them you know the DOT hours of service rules, and it's up to them to figure out how they're going to make service on these packages. Nine times out of ten, when you get tagged for something like this, it's because your management is demonstrating how stupid they are. But that doesn't excuse you from not knowing the rules and covering your own ass. Consider it a lesson well learned.
The lesson here is really quite simple. Never, NEVER make a decision of your own. Let management make the decisions. Trust me, the laughs you'll get watching their dumb-assed choices is worth playing dumb.
Since you're part-time, most likely they never really reviewed with you the rules concerning DOT hours of work. You CAN work over 14HRS once a week, as long as you aren't driving more than 11HRS during that day. You still need to inform them. You always need to tell your sup that you're at risk of going over 14HRS, then let them make the decision. And as others have said, 14HRS is from the time you punch in, until the time you punch out. Even though you don't get paid for lunch, it still counts towards your 14.
But I'm guessing what really got you, and made your supervisors look like the morons they really are, is that you either started working before your mandatory 10HRS off the clock began, or that you couldn't start preloading at your normal time. So if your preload start time was 3:30 AM, for example, you would HAVE to have been off the clock from driving at 5:30PM the previous day. See, 10HRS?
Bottom line: only you can protect yourself in these situations. Never be afraid to call and throw your weight around. Meaning, TELL them, in the example above, that you HAVE to clock out by 5:30, and it's 4:30 now, and I have 50 stops left, and I'm bringing them back NOW! Tell them you know the DOT hours of service rules, and it's up to them to figure out how they're going to make service on these packages. Nine times out of ten, when you get tagged for something like this, it's because your management is demonstrating how stupid they are. But that doesn't excuse you from not knowing the rules and covering your own ass. Consider it a lesson well learned.
undies
Well-Known Member
I'm sure they will say you should have just drove in and had those deliveries as missed, but if you did do that they would have gotten pissed and asked why you didn't deliver them. You were in a horrible situation to begin with, you should get your job back, be persistent and maintain communication with your local union reps!
W
want to retire
Guest
You SHOULD be fired for being stupid! Why in the world did you NOT tell them about the looming problem? How about you:"I have a problem......" OMS:"Can I help you?"......something along those lines. I don't know you, but I think YOU wanted this to happen.....which always has an uncertain outcome.
P
pickup
Guest
(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of Sec. 395.3(a)(2) if:(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked; (2) The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and (3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8- consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by Sec. 395.3(c).
395.3(a)(2) is the 60/70-hour rule, and 395.3(c) is the 34-hour restart. If the driver is using this exception then he/she must return to the home terminal before the 16th hour, and it may only be used once per week. So essentially you are correct in that you can't use it to make a delivery unless you can legally return to the home terminal withing that time frame, and have done so every day for the previous 5-days. As a general rule, only a local driver may use this as an OTR driver usually doesn't return to the home terminal every day.
That's what Orangputeh referred to.
In my feeders department, if you do this and you go over 14, the next day you are generally off anyway (if you are scheduled to work that day)as you can't make your start time. So Original poster, looks like in effect, the same thing happened to you:Just a lot more sweating and worry involved.
I would fight this suspension letter. But that is up to you.
395.3(a)(2) is the 60/70-hour rule, and 395.3(c) is the 34-hour restart. If the driver is using this exception then he/she must return to the home terminal before the 16th hour, and it may only be used once per week. So essentially you are correct in that you can't use it to make a delivery unless you can legally return to the home terminal withing that time frame, and have done so every day for the previous 5-days. As a general rule, only a local driver may use this as an OTR driver usually doesn't return to the home terminal every day.
That's what Orangputeh referred to.
In my feeders department, if you do this and you go over 14, the next day you are generally off anyway (if you are scheduled to work that day)as you can't make your start time. So Original poster, looks like in effect, the same thing happened to you:Just a lot more sweating and worry involved.
I would fight this suspension letter. But that is up to you.
hyena
Well-Known Member
brown_trousers
Well-Known Member
The GOLDEN rule at UPS!!! CYA- by letting management make the decision!
Scottyhawk
What is it? A brown box. Duh
As I stated in the above post, happened again on Friday, I get a call 10 minutes before preload ended, so I go change into my browns and as soon as I see the oncar who is giving me the work, I tell him I need to be off the clock by 2:30.
center manager calls me at 1:15 to see where I am and 20 minutes later another driver shows up to replace me. So I was off the clock at 13 and a half hours. Communicate communicate communicate to management to CYA yourself
Being stupid is not a cardinal sin. As for you this is a stupid post. SMH
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