Section 4. Paid for Time
[FONT=Times New Roman,Times New Roman]All employees covered by this Agreement shall be paid for all time spent in the service of the Employer. Time shall be computed from the time an employee reports and is available until the time he is effectively cleared from duty. Road drivers will be paid on a mileage basis for miles driven and for time incidental to the performance of driving duties, including, but not limited to, any rest breaks to which the employee may be entitled, pre-trip inspections, in-route breaks, in-route tire checks, logging, post trip inspection, vehicle condition report, traffic delays, AVR arrival/dispatches, reporting of breakdown, reporting of accidents, tractor wash, check bay time, reefer checks and pre-trip shop time. Except as otherwise specified in this Agreement, all other time spent by a road driver on the clock shall be compensated at the local cartage wage rate for dockwork. [/FONT]
...sooo Houston looks like we have a problem.....
First of all this language is confusing and we got hosed if we're supposed to pre trip on our own time. Secondly the procedures say to clock in after performing pretrip. How are we supposed to pre trip a complete set properly when we havent put it together yet and we havent been given our paperwork so we dont even know what trailers or dolly we would be using? In some situations you may not even know what tractor you are assigned yet. So do we pretrip after clocking out and before dispatching? That would make us late at our arrival if we were running a schedule.
I think I see whats going on here. In order to do a complete DOT inspection a guy could argue that it would take 30-45 minutes to do properly and they dont want to pay it. They cant legally "look the other way" if drivers are drivers are doing a paid "10 minute walk around of the truck" because that would indicate the company is aware its not being done properly so instead they say its part of mileage pay and the responsibility falls on the driver. Even though they still look the other way because they know nobody takes that long to do it. What do you think? How is this handled at Yellow/Roadway etc?