Define "using".
Would that be under article 17i?
"Avoid
all in-cab distractions".
Is that defined as
anything that would possibly make you take your eyes off the road?
Like your DIAD light coming on and the audible noise it makes that causes you to take your eyes off the wheel? Especially at night when it's dark in the cab?
Their own training instructs you to observe your instrument gauge(s) while driving, thus taking your eyes off the road.
Does the OP have phone records showing that the management called him
anytime during the day when he was driving? They know when the wheels are turning but yet call him in his cell phone baiting him to answer.
This is no more than a warning ltr. The laws governing "reaching for" and/or illegally using a mobile device was modified as follows:
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