In What Context are the Drivers addressing “One Size Fits All”
Personal preference concerning the Job they preform?
Details concerning the segment of the industry in which they work?
The Regulations that Define and Prescribe the Duties of the Job?
All industry strives to provide a service to the customer.
All industry has regulations that cover the overall operational procedures of the businesses operating within an industry.
Exemptions are granted to particular businesses operating within an industry to accommodate special needs and requirements that can not be executed per a particular regulation. Exemptions may be granted provided that the safety and security of the public, the employees and the other businesses within the industry will not be adversely affected.
To say trucking is “Not a One Size Fits All” industry is to say that “Other Industries Are”.
All industries have obstacles to go up against when conforming and complying with “One Size Fits All” regulation.
Our industry is no different than any other industry!
Hospital industry, food industry, manufacturing industry, insurance industry, hotel industry, construction industry etc, etc, etc. all have working hours and schedules to follow, equipment and personnel to manage, products and services to sell and customers to deal with.
Can you name an industry that does not have regulations to follow?
Are all other employees expected to abide by the regulations of the industry they have chosen to work within?
Do other industries pay for the cost of regulations out of their pockets or do they pass this expense off on the regulators, We The People?
In our industry the regulations define the Drivers job duties to be preformed and the time frames in which they are to be performed within.
Our employers, the carriers, must model their businesses based on the regulations that prescribe the duties of the employees, the Drivers.
If a carrier needs to pay two Employee Drivers 20hrs each so that a customer may legally receive a shipment then the carrier needs to decide if it can provide the requested service through negotiating a price for the service to be preformed.
The two Employee Drivers are not to be denied payment for their time providing a service to the employer!
The employer is liable for the employees time on the job.
A carrier is liable for their Drivers per their operating authority. They were granted the privilege to operate commercially and have agreed that they and their employees would operate in compliance of all local, state and federal laws.
Their authority can be revoked for not doing so.
All Drivers are employed by a carrier.
All Drivers asked for the privilege to drive a CMV.
This privilege can be revoked.
They filled out an application for the job.
They agreed to the terms of employment that requires them to operate in compliance.
In our industry, the regulations impair the OTR Drivers ability to earn.
Production based pay to Employee OTR Drivers in this Safety Sensitive Job, which interacts with the public at large, is the most Dangerous Thing on the Highway!
Carriers are permitted to pay their Employee OTR Drivers per the piece work method per the Fair Labor Standard Act.
Are the principles and conditions established in FLSA being adhered to?
Other industries set generally accepted industry wide standards of pay based on the difficulty of the job, the danger of the job and the time frame in which the job is performed.
In our industry the Drivers set the standard based on how little they are willing to work for.
Driving is a risky and dangerous JOB with the highest Occupational Death Rate and one of the highest On The Job Injury Rates when compared to other industries.
There are many types of incidents that could end a Drivers driving career.
Driving OTR is a 24/7 job when the Driver is On A Tour of Duty.
Is the pay fitting the job???
The majority of OTR Drivers do not understand that they are AT Work / Working a 24hr duty cycle. They are required and regulated to preform the job within the parameters as set by the regulators, We the People, who Own the Roadways.
The Federal Motor Carrier Safety Regulations ARE the Rules of the JOB.
We are not in a “Home Away From Home” when we are preforming the duties of the JOB!
We are AT Work / Working and like other employees we make our workplace comfortable and home like.
We are “controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer and his business.” when we are Anywhere USA, away from home.
We are not on “Paid Vacation”.
We get paid for being AT Work / Working.
Could it be that the pay is so low that we justify the poor pay by pretending NOT To Be AT Work?
Other industries seek ways to help their employees preform the job safely, reliably and comfortably. Having satisfied employees encourages profitable working conditions within a business.
Businesses within an industry commonly refer customers to one another. If one business can’t meet the need of a potential customer maybe a competitor can.
The customer does not dictate the performance of the businesses employees.
The customers needs do not override the regulations by which the business is operated.
The employees get paid for doing the job as directed by the employer, not the customer.
When business is conducted legitimately and per protocol, businesses runs smoothly and efficiently!
In our industry the employees take it upon themselves to allow the customer to dictate as they do not get paid for the time it takes to move the load. Missing an appointment, at no fault of their own, can cost a Driver significantly.
Drivers are driven by their ability to produce pieces to earn a living.
The businesses within our industry play off of the Drivers ability to earn and use the Drivers paycheck as leverage to get more production at less cost thus enabling More Profit.
Drivers knowingly or unknowingly take many risk to service a customer due to the piece work method of pay. They go as far as possible as fast as possible in order to earn, in order to service as many customers as possible in as little time as possible.
The self imposed dynamics of our industry are the only reason that the FMCSR’s appear to not work.
The FMCSR’s have nothing to do with Labor Code that defines when an employee is working and should be paid.
The ATA and most all carriers want us to believe that the FMCSR’s dictate when and for what we are to be paid.
We therefor GAME the SYSTEM because we can not afford to Operate Within the System.
We pay the price of regulation, not those who impose regulation upon us.
We ignore and violate regulation because we can not afford to abide by the regulations.
We therefore create a need for MORE REGULATION while we cry for “Less Regulation”!
Drivers drive and take care of the business of the truck.
This is no different than a nurse taking care of patients under their charge.
The equipment we utilize defines specific skills needed and dictate the loads we haul. The equipment operated indicates the value of the operator, the Driver.
A hospital ward that a nurse works on is no different.
We, as OTR Drivers, drive trucks during a 24hr duty status while being on a tour of duty that may cover days, weeks and even months. We may take “Requested Personal Time Off “during our tour of duty provided the employer, the carrier, is able to schedule it.
This is no different than any other industries employees requesting a day off during their 40hr workweek or time off during their 8hr workday.
We OTR Drivers generally consider our weekends to be be the days of “Requested Personal Time Off” taken within or between our tours of duty. Accepted practice is that Employee OTR Drivers earn one day off per week of service given to the carrier.
Other employees are generally scheduled days off during the week for their personal time off.
We have sold our time to the employer.
We are primarily paid by the piece.
Other industries employees have sold their time to the employer.
They are paid for their time.
Many of us fight regulations as regulations cost us money.
Most employees in other industries appreciate the regulations they get paid to abide by.
The phrase “one size fits all’ is a general description.
There are specific situations and or conditions to which exemptions may be sought to enhance “One Size Fits All” regulation.
This phrase does apply to an entire industry in an overall sense.
How it applies to our industry, that has corrupted itself with the aid of the employees, is no different in the overall picture.
We have working standards or regulations to abide by just as any other industry.
The real problem is that Our industry is unaware of or ignores Wage Standards and Regulations.
We seek to change our working conditions, our ability to earn, by altering the rules of the JOB, the FMCSR’s.
Wouldn’t We Be Better Off seeking enforcement of and possible changes to Wage Regulations that define our ability to earn so that we may afford to comply with Regulations That Define How We Must Preform Our Jobs?
Pat Hockaday (JoJo)