What would you do?

tankerdude · #1 (**permalink**) 04-11-2009, 11:04 AM

I am an owner-operator. I've been leased to a multi-state petroleum product transportation company for nearly 5 years. It's privately held, and they make a TON of money. I own a fairly new day cab, and am home every night. I like the work. Started as a company driver with this same carrier, spent about 4 years in that position before I decided to buy a truck and go O/O. I'm now in my 6th year of O/O.

What bugs me is that it seems like every week I find out the company has been doing something else underhanded to extract money from me and the other O/O's. The latest, and no surprise, is that they're charging some customers one rate, and reporting to the O/O's that another rate (always less) is being charged. With the O/O's pay based on that rate, they're pocketing the difference. Another, and similar, charge is for "cargo insurance". The company is charging the customer AND the O/O's for the cargo insurance. I just had my 2008 taxes done, and this charge alone amounted to nearly $12k right out of my pocket.

Going to another company will only hurt ME in the long run. A few reasons: 1. Day cab... I could get another sleeper truck, but what a PITA. I don't want to go OTR again... ever. 2. I'd lose any increases I've earned in my % of the gross.

Don't get me wrong... I'm making money as long as I stay on top of what loads I take. We've got a few that don't pay enough to make ANY money on. In my world, a load that causes me to make $0 or less than $0 profit will not be pulled by my truck.

I really just want to find out what, if anything, other O/O's have done in situations like this. I'd REALLY like to have my end of things audited to determine what the company collects on the loads. In other words, what the REAL gross is, not what's reported on my statements. I suspect that what I see is less than what the customer is paying.

I'll stop my rant for now. I hope I've explained enough of what bugs me about this company and the way they do business and it's not taken as just a bunch of whining. It's not intended to be whining at all.

I'm open to suggestions.

St. J Vet · #2 (**permalink**) 04-11-2009, 12:49 PM

Are you a member of the OOIDA?

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION - REPRESENTING TRUCKERS

They can do a lot for you, a lot of different departments from health, retirement, law ect.... check them out.

tankerdude · #3 (**permalink**) 04-11-2009, 12:56 PM

Quote:

Originally Posted by St. J Vet

Are you a member of the OOIDA?

OWNER-OPERATOR INDEPENDENT DRIVERS ASSOCIATION - REPRESENTING TRUCKERS

They can do a lot for you, a lot of different departments from health, retirement, law ect.... check them out.

Yes, I am. Almost 5 years now. But what, if anything can they do in a situation like this?

truckinusa · #4 (**permalink**) 04-13-2009, 05:06 PM

Quote:

Originally Posted by tankerdude

Yes, I am. Almost 5 years now. But what, if anything can they do in a situation like this?

The way I understand it is if you get paid by the linehaul revenue, you can request any and all documents that prove what the actual linehaul revenue is. They can't cheat you. You can sue them in civil court.

49 CFR 371.3 Records to be kept by brokers

A broker shall keep a record of each transaction. For purposes of this section, brokers may keep master lists of consignors and the address and registration number of the carrier, rather than repeating this information for each transaction. The record shall show: (1) The name and address of the consignor; (2) The name, address, and registration number of the originating motor carrier; (3) The bill of lading or freight bill number; (4) The amount of compensation received by the broker for the brokerage service performed and the name of the payer; (5) A description of any non-brokerage service performed in connection with each shipment or other activity, the amount of compensation received for the service, and the name of the payer; and (6) The amount of any freight charges collected by the broker and the date of payment to the carrier. (b) Brokers shall keep the records required by this section for a period of three years. (c) Each party to a brokered transaction has the right to review the record of the transaction required to be kept by these rules.

UCallEyeHaul · #5 (**permalink**) 04-13-2009, 05:30 PM

Quote:

Originally Posted by tankerdude

Yes, I am. Almost 5 years now. But what, if anything can they do in a situation like this?

Truth be told, not much.

Have you approached the company and asked them why they're shorting you? Just be honest and tell them that you really like the job, you bust your hump for them and have lived up to your end of the bargain. As such, you'd like to be fairly compensated according to the agreement you have.

truckinusa · #6 (**permalink**) 04-13-2009, 06:09 PM

Quote:

Originally Posted by UCallEyeHaul

Truth be told, not much.

Have you approached the company and asked them why they're shorting you? Just be honest and tell them that you really like the job, you bust your hump for them and have lived up to your end of the bargain. As such, you'd like to be fairly compensated according to the agreement you have.

That sounds more diplomatic, but you do have a right to view the documents and they have to provide them in a reasonable mount of time. If you start requesting a bunch of stuff they might get upset at you though.