The practice of paying employees just enough to get by but not enough so they can afford to quit is a tactic that Keeps Cheap Labor On The Job!!!

I’d guess that 75% of Drivers are not in favor of unionizing.
My past experience as a union member has me sitting on the fence leaning toward not having anything to do with a union.

We don’t have to unionize to keep the Unions legacy alive and moving forward!
We only need to fight for safe working conditions and fair pay standards through legislation just as management uses legislation to keep the working men and women in their places.

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The labor movement of the early 1900’s saw the need for unionizing as joining forces within a Union gave the members benefits of collective bargaining. We must remember that there were no labor laws in place to protect the workers, workers such as children working in the mines and textile mills.
Workers locked in sweat shops for 12hr shifts getting paid piece work wages had no rights, they were thrown away when they were sick, broken or worn out.
Many lost life and limb as the workplace was dangerous as everyone rushed to produce as many pieces as possible.

The pendulum has swung between labor and management since the Labor Movement of the early 1900’s.
Management has learned from history and has coordinated itself in anti union tactics finding menial ways of satisfying labor.
Todays Drivers have smiles on their faces because management sent the wife and kids Happy Birthday emails as this is a sign of respect???

The Unions brought to surface the need for Labor Laws to protect the workforce. The Unions fought for safe working conditions and fair pay standards to be established into law.
Working men and women fought for Labor Laws assuring future generations that they would have Labor Laws protecting them and their families.

Management works through the Law to Break Down Labor Laws. Management is working behind the legislative scenes while spreading propaganda to get labor to back and support the legislation management seeks.
They Earn More By Paying Less.

We only need to follow the example of management.
We need to pick up where the Unions left off and work with legislation to keep beneficial labor laws in place. We need to expand off of current laws securing benefits while creating new standards for our well being and for those who follow.


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If the ATA can seek a Federal Labor Law specific to Drivers operating under Part 395 WHY can’t Drivers Seek Federal Labor Law that insures the public that We Drivers are operating safely simply because we are Paid to do so.

Piece Work Wages for Employee Drivers Encourages Production NOT Safe Behavior!
Drivers can not afford to operate in compliance BUT INSTEAD OF Demanding More Money for their Time Doing the Job, they want more available working hours and flexibility which only profits the carriers.
More available working hours and flexibility decreases the value of a working hour!

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What do we have to work with?

We have the power and the numbers to force Federal Labor Laws specific to Drivers operating under Part 395.
The carriers are pushing for legislation to hold us back!

The FLSA says that employees are to be paid for all time given to the employer and that any hours over 40hrs in a week are to be paid at time and a half.

Should a 168hr workweek pay 40 regular hours and 128hrs of overtime???
An Interstate Driver on a tour of duty devotes 24hrs a day to the employer and it is for this reason Interstate Drivers are exempted from overtime.

168hrs should pay Employee OTR Drivers a flat hourly rate in exchange for a set number of working hours or Log Book Hours. This works within the standard set in the FLSA and we only need to establish the amount of Log Book Hours 168hrs of pay buys the employer.

The HOS has done this for us!

The 60 in 7 rule has establish 60 Log Book Hours for 168hrs pay.
The 70 in 8 rule has established 61.25 Log Book Hours for 168hrs pay.

Lets run the numbers and they will PROVE that more available working hours Decrease the Value of a working hour!

168hrs X $10hr = $1,680
$1,680 / 60hrs = $28 a Log book Hour.
$1,680 / 61.25hrs = $27.43 a Log Book Hour.
The 60 in 7 Driver earns .57 cents a Log Book Hour MORE than the 70 in 8 Driver!

The 70 in 8 Driver would have to be paid $10.21 an hour for All Hours in order to have the value of their Log Book Hours be equal to that of the 60 in 7 Driver.
$10.21 X 168hrs = $1,715.28.
$1,715.28 / 61.25hrs = $28 a Log Book Hour.

A Graduated License Could Work for All Drivers!

Drivers need to understand that the minimum Baseline Milage Pay for All Employee Drivers is approximately .21cpm per the FLSA’s piece work pay provision.

Unions adopted the principles of apprenticeship for training giving value to experience.

The ATA wants to adopt the principles of the apprenticeship model to bring 18 year olds into the industry under a graduated license.
How much do you think the ATA carriers will pay an apprentice 18yr old Driver working under Their graduated license?

The ATA’s model is designed to pay less to have freight delivered.
We have seen for many years that less paid, inexperienced, Drivers run the miles while experienced Drivers warm the bench!

Take a flat hourly rate for All Hours, add assessorial’s to make up the differences in equipment operated, apply it to a graduated license limiting the equipment that can be operated by apprentices, increase the pay with each level of experience earned and give more flexibility to Journeymen Drivers and up who have gained the experience to manage time, rest, road conditions, load conditions and all other aspects of the job that only experience can provide.

I have no problem with an 18 year old Level 1 second seat Driver running team with a more experienced, Level 3 or greater Driver, coming in at $7.40 an hour, For All Hours.

Level 1 Driver;
$7.40hr plus Assessorial’s of
OTR Pay @15%,
Dry Box Pay @ 5%,
Second Seat Pay @ 2%,
Total Assessorial’s = 22%.
$7.40 X 22% = $1.63.
$1.63 + $7.40 = $9.03 an hour for All Hours.
$9.03 X 168hrs = $1,516.70 a week guaranteed.
168hrs paid at $9.03hr buys the carrier 61.25 Log Book Hours valued at $24.76 an hour.

Level 3 Driver;
$8.16hr plus Assessorial’s of
OTR Pay @15%
Dry Box Pay @5%
First Seat Pay @ 3%
Total Assessorial’s = 23%
$8.16 X 23% = $1.88
$1.88 + $8.16 = $10.03 an hour for All Hours
$10.03 X 168hrs = $1,685.87 a week guaranteed.
168hrs paid at $10.03hr buys the carrier 61.25 Log Book Hours valued at $27.52 an hour.

There is no reason why a Journeyman OTR Driver pulling the most basic piece of equipment, a dry van, shouldn’t be earning 77K plus for a 301 day work year under the conditions I seek to establish in a Federal Labor Law that has minimum standards of pay per level of experience through a graduated license.
A Million Miler could be earning 90K plus.

Flexibility should only be granted to those who have earned it.

A Graduated License establishes minimum levels of Experience.
It would then be possible to grant Experienced Drivers Flexibility!
Journeymen Drivers and up having a minimum of 10,000 Log Book Hours, approximately 500,000 miles, have earned exemptions from the 14hr clock, the 30min break and speed limiters for example.
These Drivers have the experience to be Driver Trainers!


In Conclusion

An Hourly Based Salary in conjunction with a Graduated License makes it possible to pay a Driver For ALL Time controlled by the carrier.
This method works with a 7 day payroll no matter what the amount of At Work / Working hours.

70 in 8;
168hrs At Work buys the carrier 61.25 Log Book Hours.
84hrs At Work buys the carrier 30.625 Log Book Hours.
42hrs At Work buys the carrier 15.3125 Log Book Hours.
21hrs At Work buys the carrier 7.65625 Log Book Hours.
Any Log Book Hours exceeding what the carrier has bought would be paid per the value of the Drivers Log Book Hour.

Pay Drivers so they can Afford to operate Safely in compliance of the regulations and We will achieve what the ATA claims to work for and the FMCSA can not achieve through regulations alone.

We can beat them at their own game but that means we have to be willing to get into the game!

Pat Hockaday (JoJo)