Work Rules and Employers’ Policies

A.        DISCIPLINE WITHOUT WARNING:     (These are set forth in our current Teamsters’ Contract).  Before discharging or suspending an employee, normally we will have given at least one (1) written warning notice.  NO WARNING NOTICE need be given to an employee before suspension or discharge IF THE CAUSE OF SUCH SUSPENSION OR DISCHARGE IS:

            1.         Dishonesty

2.         Carelessness, negligence or recklessness

3.         Assault

4.         Willful, wanton or malicious damage to the property or equipment of employer, customer, fellow employee or the public

5.         Possession, consumption or sale of alcohol or illegal drugs or any drug prohibited by Federal regulation for commercial drivers.

            6.         Carrying unauthorized passengers.

B.        EXPECTED EMPLOYEE CONDUCT AND BEHAVIOR:     (These are not set forth in our Teamsters’ Contract and the Teamsters have not agreed to them.  They are for the purpose of informing you of what conduct we will regard as objectionable).  The employee may be discharged or suspended after a written warning for any of the following violations if the employee has previously received a written warning:

            1.         Having possession of firearms or any other deadly weapons on the job.

2.         Use of or the threatened use of physical violence while on duty, on employer’s premises or customer’s premises.

            3.         Willful or gross negligent damage to property of others.

            4.         Any preventable accident.

            5.         Refusal to attempt to perform work assignment.

6.         Duplication of employer’s keys without authorization.

7.         Failure to immediately report to immediate supervisor of:

            a.         Any damage to employers or customer’s property or equipment.

            b.         Any loss or damage to freight.

            c.         An injury while on duty.

            d.         Any traffic accident which you are involved in while on duty.

e.         Any traffic violation you are cited with while on duty.  (All fines due to drivers’ negligence will be paid by the employee.)

8.         Failure to use diligent care in safeguarding employer’s accessorial equipment (hand trucks, chains, tarps, etc.) and freight from loss, theft or damage.

9.         Taking anyone onto employer’s premises or job without prior authorization.

10.       Absenteeism or tardiness without notice or valid reason.  Being tardy is also reason to send an employee home for remainder of day.

11.       Failure to perform DOT required pre-trip inspections and report safety defects on carriers’ equipment.

12.       All employees are expected to speak and act with the utmost courtesy and consideration in all their relationships and contacts with customers, the public and fellow employees.  Employees should not become involved in public arguments between themselves or with customers; and should avoid any expression or act which is objectionable or impolite.

13.       Failure to correctly complete or submit paperwork or records required by the employer.  (Dishonesty in connection with paperwork is a dischargeable offense without warning).

14.       Failure to use safety equipment or observe established safety practices.

15.       Failure to report to duty with a clean, neat appearance.

C.        WARNING NOTICE TIME LIMITS:      A written warning notice shall remain in effect for the period of nine (9) months from the date thereof.

            ALL WARNING, SUSPENSIONS AND DISCHARGES REMAIN SUBJECT TO PROTEST AND DECISION UNDER THE GRIEVANCE AND ARBITRATION PROVISIONS OF OUR CURRENT UNION AGREEMENT.

Bill of Lading Instructions

Every load delivered by our drivers require that it be done so with a Bill of Lading.  If the customer issues a Bill of Lading, then the driver can and will use the customer issued Bill of Lading.  Otherwise, Nichols Trucking will provide the Bill of Lading to use.  Our Bills of Lading are blank, and we require certain information to be filled out properly and as completely as possible. 

Definitions:

v       Bill of Lading: A legal document that establishes the terms of a contract between a shipper and a transportation company. It serves as a document of title, a contract of carriage and a receipt for goods.

v       Freight:  For the purpose of this document, freight is to be considered any tangible article you are dispatched to transport from shipper to consignee.  This could include things such as steel rebar or be a trailer/container being moved for a customer.

v       Shipper:  The place of origin for the shipment.  This is the customer site where you pick up the freight to be transported.

v       Consignee:     The person or company to whom the freight will be delivered. 

v       Shipper Number:   This would be the reference number provided by the customer/shipper to identify the shipment.

v       Description of Articles:  Should include as complete and correct description of freight being shipped under the Bill of Lading.

The things which must be filled out as completely, legibly and accurately as possible are as follows:  

1.        Shipper

2.        Consignee

3.        Description of Articles

4.        Weight (if provided or best possible estimate)

5.        Signature of Consignee

6.        Drivers Signature and Date Delivered.

It is the drivers’ responsibility to provide to Nichols Trucking an original of any Bill of Lading which is used.  If the customer/consignee requests a copy of the original Bill of Lading, then provide them with a copy and keep the original for the company’s records.

Load/Unload Procedures

Nichols Trucking expects that all drivers assist in the loading and unloading of freight when it is possible and safe to do so.  Nichols Trucking will provide training and certification of fork lift operation when necessary and will renew those certifications on a bi-annual basis to ensure that each driver has the abilities to assist in the loading and unloading of freight.

If there is any question regarding the safety of loading or unloading freight contact dispatch as soon as possible. 

1. The drivers safety is our primary concern. 
2. The swift and efficient loading and unloading of freight is also important to ensure that time commitments are fulfilled to the best of our ability.

In general the expected load or unload time for our customers is 1 hour.  If you are on a jobsite or at a customer location and it is approaching 1 hour and you are still waiting to be loaded or unloaded contact dispatch as soon as possible.

Load Securement

It is the responsibility of the Driver to ensure that any freight moved by driver is secured properly.  This includes any loads which have already been picked up and secured by another driver.  Never make the assumption that the load is secure, always make the effort to ensure that the freight you are responsible for is secure.

The following is directly from the FMCSA Driver’s Handbook on Load Securement.

Containing, Immobilizing, and Securing Cargo
Restraining the cargo correctly (Section 2.2.3.1)

How many tiedowns are required?

If cargo is not prevented from forward movement (for example, by the headboard, bulkhead, other cargo, or tiedown attached to the cargo), secure the cargo according to the following requirements:

Containing, Immobilizing, and Securing Cargo

Restraining the cargo correctly (Section 2.2.3.1) (continued)

When cargo is prevented from forward movement (for example, by the headboard, bulkhead, other cargo, or tiedown), secure the cargo according to the following requirements:

Tiedown placement

                        Place the tiedown as close as possible to the spacer.

                        Position the tiedowns as symmetrically as possible over the length of the article.

                        Position the tiedowns to preserve the integrity of the article.

Log Books

Log Books will be provided by Nichols Trucking.  Drivers are required to completely fill out a log book on a daily basis.  Log books must be turned in to the dispatch office on a monthly basis and any days where problems are annotated on the back of a log sheet those should be placed on Doug’s desk to ensure that the problem gets corrected as soon as possible.  Otherwise place the daily log in the basket with the other log sheets.

If there are any questions or concerns regarding the proper completion of your daily log or what to do with your log books, contact the dispatch office and they will provide you with the advice necessary.

Accident Reporting Procedures

The following is a list of procedures which we expect all drivers to follow if they are involved in an accident:

 

·                    Stop immediately

·                    Do not admit guilt or fault.  Even coming out of the truck saying “I’m sorry, this is terrible” could be considered as an admission of guilt.

·                    Prevent further mishaps.  Secure the vehicle, including putting out warning devices.

·                    Assess the situation and if medical assistance is needed call 911.

·                    Always notify law enforcement. 

·                    Always notify dispatch of the accident.

·                    Gather information:  Drivers are required to collect the following information at the accident site. 

o       Name, Address, Driver License Number, and Vehicle Information of any other involved parties.

o       Any witness information

o       If the other party involved in the accident admits fault you should get a signed statement from the other person exonerating you from fault.

o       The time, weather conditions, road conditions and location. 

o       It’s always a good idea to take pictures of the accident scene and damage.   Be sure to include pictures of any factor which may have contributed to the accident.

          Under the following situations a drug and alcohol test must be taken by the driver who is involved in an accident:

1.      If the accident resulted in a fatality. 

2.      If the driver was issued a citation and one of the following also happened:

·                    A vehicle was towed from the scene of the accident

·                    An individual was transported from the scene to obtain medical attention.

            We appreciate our driver’s dedication to safe driving, and expect that we will continue to nurture an atmosphere of safety.

Meal Breaks

We are concerned that many of you are not taking lunch breaks most of the time. There seems to be some confusion regarding what constitutes a meal break. We have gotten the correct information from the Dept. of Labor & Industries and from an attorney. The key points are summarized below. The full Labor & Industries Administrative Policy has been provided to Local 313 and is available to you if you wish to have a copy.

·        Employees working over 5 hours shall be allowed a meal period.

·        Meal periods are unpaid when the employee receives 30 minutes of uninterrupted mealtime.

·        It is not necessary that an employee be permitted to leave the worksite as long as the employee is otherwise free from performing duties.

·        Should your meal break be interrupted due to you being asked to perform a task, the meal break should be continued after completion of the task until a total of 30 minutes is reached. The meal break is paid time in this instance.

It will be assumed that an uninterrupted lunch period was available to all employees and will be unpaid time.  On the rare occasions that circumstances prevent you from taking your lunch break, you must obtain a Lunch Break Exception Form from your dispatcher and have your dispatcher approve the exception at the end of the day to be paid for that time.