Lumpers - are they needed

**CURTWAYNE** · 06.13.2009

You keep asking 'legally'...
All of the places I delivered to that used lumpers always gave me the option of doing it myself. The otr company I drove for would only pay the driver so much for doing it themself. I once paid a lumper service $200 to unload a 53' trailer floor stacked with pillows. Not in boxes, the pillows were in plastic bags. You think I'm going to do that myself? Heck no.
But, had a lumper tell me $50 to unload 22 pallets with an electric jack. Heck, I did it myself. Easy as pie. Out of there in an hour. Didn't have to wait on any lumper to get around to my truck.

**CURTWAYNE** · 06.13.2009

This last company I worked for, they used to have an $80 cap on lumper fees. The receiver would look at your bills, see how the truck was loaded, and tell you how much. No more than $80! Didn't matter if it was floor stacked, or had to be broken down.
But, when they brought in a new operations manager, he brought in his lumper handlers, and they did away with that policy. Really jacked the rates through the roof.

**Dave27107** · 06.27.2009

Originally Posted by GRAYMATTERS

Can a receiver force you to use lumpers?

Originally Posted by GRAYMATTERS

Had an incident that involved freight on the floor (no pallets). Receiver said it would take to long if I did it, so I hired lumpers.
My question is.....Can you legally refuse to hire lumpers? If yes, can the receiver refuse to receive the freight?
Any other comments on the non-use of lumpers is greatly appreciated.

To re-word your question...Can a shipper or receiver require you to use a lumper? Short answer, NO. Here's the complete answer:

§ 14103 (49 U.S.C. § 14103 reads:

(a) Whenever a shipper or receiver of property requires that any person who owns or operates a motor vehicle transporting property in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under sub chapter II of Chapter 105 of this title) be assisted in the loading or unloading of such vehicle, the shipper or receiver shall be responsible for providing such assistance or shall compensate the owner or operator for all costs associated with securing and compensating the person or persons providing such assistance.

(b) It shall be unlawful to coerce or attempt to coerce any person providing transportation of property by motor vehicle for compensation in interstate commerce (whether or not such transportation is subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title) to load or unload any part of such property onto or from such vehicle or to employ or pay one or more persons to load or unload any part of such property onto or from such vehicle, except that this subsection shall not be construed as making unlawful any activity which is not unlawful under the National Labor Relations Act or the Act of March 23, 1932 (47 Stat. 70; 29 U.S.C. 101 et seq.), commonly known as the Norris-LaGuardia Act.

**GRAYMATTERS** · 06.27.2009

Thanks Dave27107...... That nails it down.

**Powder Joints** · 06.27.2009

Originally Posted by GRAYMATTERS

Powder Joints, I didn't "foot-the-bill". I was reimbursed.

I was just wondering, that when the work assignment calls for "driver unload", and I actually want to do it, can the receiver prevent me from doing so? Or does making a fuss about it, create "a-can-of-worms" that is best left alone?

When I'm not tired and feel up to it, I don't mind unloading. Gives me a chance for a couple extra bucks.

No they can not force you to use a lumper. Normally I would unload my self at the grocery warehouse, and turn in lumper receipts so the company would pay me instead of them. You can charge them a rate more fair to you if you do not tell your company your the one unloading or loading. Most companies screw there own drivers. So what is fair is fair, and what they don't know wont hurt them.

**GRAYMATTERS** · 06.27.2009

Originally Posted by Powder Joints

Most companies screw there own drivers. So what is fair is fair, and what they don't know wont hurt them.

I hear ya, loud and clear.

**uturn38** · 08.31.2009

Originally Posted by _ton bundle

I was also going to say that lumper fees can be a way of shippers and receivers to indemnify each other for mistakes and other things.

I have one receiver that doesn't charge a lumper fee unless there is a load shift or broken bag due to poor loading. So if the load is sealed and there is shift or damage, the receiver will charge an unloading fee so they don't foot the labor costs of restacking or clean up.

I have another customer that will not use pallets, so they floor load their boxes and the receiver charges them a stacking fee, based on number of packages, for unloading and stacking the pallets. The fee is cheaper than the price of the pallets, or it is some 'green initiative' or whatever.

Its all a PITA, but customers are hard to come by right now, so we just say 'yes sir, yes sir, three bags full!'

I actually have a bigger problem with the receivers that charge outrageous unload penalties for missing unloading appointments. I know of one receiver in my area that charges $1000 for a missed appointment, no excuses. Yes, you should always be on time, but warehouses don't break down, get caught in traffic jams, DOT inspections, white- out blizzards, or interstates getting closed, etc. There is no way they incurr loss of $1000 for a late truck, it is just a profit center for them to make money off of the carrier.

There is nothing going to change until us small carriers and o/o's setting the stage for the market.

**ilbigredtruck2** · 09.07.2009

I loved the wally dc in Louisiana. I arrived 1/2 hr early, received dock assignment, plopped in place, went inside and the lady told me it would be a 150 lumper fee. I informed her that my dispatch stated there was no fee and they weren't going to pay for it. Wally told me I could unload my own truck, I said ok show me the pallet jack. He said "oh you have to supply your own, you can't use ours"

I told em we a have a problem here, I will unload my own if I can use your non electric pallet jack, he said no you will have to pay for a lumper then. I said ain't gonna happen. He states I guess we are at a stale mate then huh? I LOL and said not really, I will just leave the doors open on the trailer get a good running backwards run and slam the brakes, shifting the load onto your yard and you can p/u off the pavement. Done completed. Manager came out due to the fuss, lumpers unloaded immediately no charge. When I left the property security stopped me, took down my name, company name and info, informed me that I as a driver was banned along with the company I haul for. I looked at him and said no problems didn't like haulin the cheap China s#*# anyway. Boss man just laughed as all get out and stated that was going to be the only load for Wally anyway.

**Paddington** · 09.07.2009

Originally Posted by ilbigredtruck2

I loved the wally dc in Louisiana. I arrived 1/2 hr early, received dock assignment, plopped in place, went inside and the lady told me it would be a 150 lumper fee. I informed her that my dispatch stated there was no fee and they weren't going to pay for it. Wally told me I could unload my own truck, I said ok show me the pallet jack. He said "oh you have to supply your own, you can't use ours"

I told em we a have a problem here, I will unload my own if I can use your non electric pallet jack, he said no you will have to pay for a lumper then. I said ain't gonna happen. He states I guess we are at a stale mate then huh? I LOL and said not really, I will just leave the doors open on the trailer get a good running backwards run and slam the brakes, shifting the load onto your yard and you can p/u off the pavement. Done completed. Manager came out due to the fuss, lumpers unloaded immediately no charge. When I left the property security stopped me, took down my name, company name and info, informed me that I as a driver was banned along with the company I haul for. I looked at him and said no problems didn't like haulin the cheap China s#*# anyway. Boss man just laughed as all get out and stated that was going to be the only load for Wally anyway.

Finally....someone with balls!
If we had more drivers like you, this industry would be alot better for all drivers.
Unfortunately, most drivers bend over and say "Yes sir, may I have another?"

Would love to buy you a cup of coffee sometime.