A feeder driver in Farmingdale who reported a safety problem was rewarded by management with a 72-hour notice. Fortunately, Local 804 Teamster Joe Miller stuck to his guns.

The result? The company fixed the safety problem and dropped the 72-hour notice.

The incident reveals a lot about the company’s real attitude toward safety and what Local 804 drivers need to know to protect ourselves.

Here’s what happened.

During his pre-trip inspection on May 12, Miller, an 18-year Teamster, found two cracks in the brake pad on his trailer.

“The pad was cracked in two spots and separating from the rivet,” said Miller. “It was real bad.”

Miller reported the problem but the shop supervisor declared the equipment was fit for the road.

Miller refused to haul the trailer unless the brakes were fixed. He was put on a 72 by the feeder dispatcher. Miller was even told he should go home for the night because that was the only equipment available.

Under federal law, it is illegal for management to discipline a driver for refusing to drive equipment if operating that equipment out on the road would cause a DOT violation to occur or if the driver has a “reasonable apprehension” that operating the truck would pose a genuine safety hazard to the driver or the public.

Click here to find out more about Do’s and Don’ts When Refusing to Drive Unsafe Equipment.

The DOT has confirmed that cracked brakes are a violation and that a tractor or trailer with cracked brake shoes, no matter the size of the crack, should not go out on the road.

Miller talked with his steward, measured the crack in the brake pad, and took the trailer to the shop to have it examined by a second mechanic who immediately said there was no way the trailer could go out on the road.

The shop supervisor apologized to Miller for his mistake. But not everyone in UPS management has taken the high road. Management has been questioning mechanics about how often Miller brings equipment to the shop.

“Every time I go to the shop, they fix something. Obviously I’m going for good reasons,” Miller said. “The company should deal with the problems with the equipment; instead of trying to make me the problem for reporting when something is not safe.”

Miller has filed grievances for harassment and for disciplining him for reporting a safety problem.
Miller says the problem is not an isolated incident.

“Ever since this happened, other people have come up to me and told me the same thing happened to them. Basically, the company just doesn’t want us taking equipment to the shop,” Miller said.

The company recently had to pay $254,000 to settle an OSHA complaint in Upstate New York. As part of the settlement, UPS promised “not in any way interfere with, coerce or restrain its employees from exercising their right” to report safety problems. (Click here to read more).

“On nights, we don’t have union representatives we can call. They’re all off duty. Even our shop steward is off at 1 AM. The majority of feeder drivers work after midnight. That’s a problem,” Miller said.

A 24-hour hotline when union representatives could be contacted for emergencies would be a step in the right direction.

As members, we have our part to play too: making sure that all drivers know their rights and the do’s and don’ts when it comes to enforcing truck safety

Click here to read an article on your rights to refuse to operate unsafe equipment.

Click here to tell your story about unsafe equipment at UPS.

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