A final decision was issued regarding driver Tim Bishop’s case against UPS last Friday (November 15th 2013) by Judge Daniel Solomon of the U.S. Department of Labor.
UPS has been ordered to reinstate and pay in excess of $247,000 to Bishop for damages.
– UPS had previously fired Bishop after he had accurately recorded waiting time on his electronic log as “on duty.”
According to UPS, Bishop’s time should have been recorded as “meal.”
Bishop had been working for UPS since May of 1992, and was fired on June 24, 2011.
U.S. Department of Labor Judge Solomon ruled that UPS had violated the Surface Transportation Assistance Act when Bishop was fired. This act protects drivers from their company in the event that they’ve accurately recorded time on duty in addition to keeping them from being fired for filing any complaints regarding DOT safety violations (or for refusing to drive in violation of those regulations).
Bishop had accurately reported his hours on duty which constitutes a protected activity. Bishop was waiting to meet another driver at the Boonville, Missouri, Bobber Truck Stop – and was on duty. According to Bishop, his time was reported that way because at the time, he was still working – and was not resting in the sleeper berth.
“… According to Complainant, he was not relieved from work while he waited at the Bobber Truck
Stop because he was required to remain in attendance at the vehicle waiting for his meet driver;
he was at a facility waiting to be dispatched without having been relieved for duty; he was still
responsible for the motor vehicle equipment; he was in a commercial motor vehicle, as allowed by UPS, while waiting and was not resting in a sleeper berth; and he had to remain in attendance
of a commercial vehicle.”