OK, here are two lists.
Legitimate reasons for discipline:
1 Cell phone or wireless device in hand while vehicle is moving.
2 Lawful violations committed captured by the OBR while operating a CMV.
3 Intoxication or dropping a dirty urine specimen.
4 Stealing company or customer property.
5 Lying.
6 Dropped trailer.
7 Failure to do proper pre/post trip inspection.
8 Damaging freight.
9 Insubordination.
10 Tardiness or calling off from work when the lineup is not properly staffed.
11 Name calling, horseplay, profanity, vulgarity, threats, sexual harassment.
12 Refusing to work.
13 Improper handling of hazmat or placarding.
14 Hooking the wrong trailer/s and running with them.
15 Stealing time, including excessive yard and customer dwell and travel time, loitering on company time, excessive time spent in bath or break room.
16 Arguing with a supervisor over a work assignment, route assignment, equipment assignment, or any other non-safety related issue, regardless of the supervisors tone of voice. It's mostly about what's being said, not how it's being said.
17 Failure to adhere to SWI's and company policy.
18 Failure to properly weigh and measure freight.
19 Failure to properly load all skids/pieces of a multi-piece shipment on a line haul trailer.
20 Failing a road side inspection, being cited with a moving violation while operating a CMV, not wearing a seatbelt.
21 Reckless behavior while operating a fork lift.
22 Improperly loading freight resulting in damage.
23 Placing equipment OOS over non-safety sensitive concerns like a faulty charge receptacle, or an improperly working radio.
I'm sure others can add more to this list.
Next list is frivolous discipline.
Supervisors intentionally creating a hostile work environment for purely personal reasons, including being singled out for hand freight breakers, assignments of known crappy equipment, assignments of excessive lift gate peddles, name calling and disrespectful behavior toward employees.
Issuing an LOI to an employee who refuses to work due to a legitimate safety concern or being asked to go against policy, foul weather notwithstanding with the exception of a declared weather related emergency. In other words, "hook your set and get down the road."
I actually agree with most of what you placed on both lists. It seems that the majority of items are right out of the Policies and Procedures manual. I would argue with the following:
7. Pre and post trip. I am sure that you know the DOT required steps for a Pre trip and you also know that there isn't one driver in this company that does a proper Pre trip. There is no mandated time frame under DOT regulations, however, a proper Pre trip should take between 20 to 25 minutes. No way to accomplish this within the time allowed under PD 11. Therefore, with the exception for fluid levels, tires and lights, no discipline should be issued for improper Pre trip.
9. Insubordination is too broad a term for issuing discipline. If I raise my voice to an FOS, does that warrant discipline?
11. Name calling etc. If the profanity and vulgarity were enforced, I would have not lasted one week. We are grown men, in an atmosphere where profanity and vulgarity are prevalent. These other conditions should be dealt with a meeting among the 2 employees and an FOS. Threats and sexual harassment should never be tolerated.
16. Unless the conversation becomes aggressive and/or violent, I should be able to say anything that's on my mind to any supervisor at any time. I would consider that part of the open door policy.
17. Certain SWI's simply cannot be followed as written. PD 10 is an example. Return from the city, enter the gate and you have 17 minutes to punch the clock. It's not possible. In addition, if you read PD 11, there is no provision in it for pulling the dock plate, sweeping out the trailer or putting your pallet jack away. Yet, they'll want to issue you a warning if these steps aren't completed.
20. Considering the condition of some of these tractors, it is impossible to catch all the conditions that could be cited in a roadside inspection. With the exception of the obvious ones like tires, lights and air lines.
Now that I have agreed with you in principle on most of these violations, let me say that supervisors have way too much discretion when considering the level of discipline to be assessed. This is where the "frivolous" part comes in.
1. I approach a stop sign. I slow to 2 mph and roll up to the intersection so I have a clear view of traffic in either direction. As I roll slowly past the huge tree on my left, that should have been trimmed by the city, a car becomes visible and I hit my brakes. The camera goes off. What level of discipline is appropriate ...If any at all.
2. I am in the right lane at 55 mph at what I consider to be a safe following distance. I hit a pot hole and the camera goes off. Lytx sends back a video stating I was too close to the vehicle in front of me at 3.5 seconds. How is it possible to account for .5 seconds at 55 mph?
3. I am in stop and go traffic. I am stopped when I get a text message notification. I pick up my Hand Held and check that the pick up I am on my way to has been unassigned and I have been assigned a new pick up. Traffic begins to move and I place my hand held back in the holder BEFORE I begin to move. Suddenly, the car in front stops short and I am forced to do the same. The camera goes off and technically I am in violation. Discipline or not.
4.My tractor is OOS. I am assigned a tractor that should not be on any public highway. I hook and follow all required procedures including going under the trailer to confirm the hook. I drive one block from the terminal and drop the trailer. I call it in and hook back up and return immediately to the terminal...slowly. The next day, the vendor comes and diagnoses that the spring kit on the 5th wheel is defective. He replaces the spring kit. I am charged with an accident. I appeal and in the kangaroo court that ensues, I explain what happened, including the fact that the vendor replaced the spring kit. I am told that doesn't matter. Fair?
I could go on, but all of the above happened to me.
If you read the March 01, 2018 manual, in Section 3, under Employee relations on page 35, it lists the FIVE levels of discipline that we are subject to. You won't find the acronym LOI any more. THE POLICY HAS CHANGED AGAIN. The new 5 levels of discipline are:
1. Verbal Counseling
2.Written Warning
3.Final Written Warning
4. OOS/Suspension
5. Termination.
The first sentence of the very next paragraph states:
The company does not follow a specific progressive discipline policy, but rather reserves the right, in it's sole discretion, to decide which type of discipline to issue in response to each situation, including terminating employees without a prior warning.