Western Flyer Express, Oklahoma City

Many of you here know me, and know a little about what happened while I was at Western Flyer, but certainly not everything. I'm going to explain everything, and give background - I tried to work things out with the company, and heck, they wouldn't even pay me the $400 (+/-)they owed me, they manipulated the forms I sent in for reimbursement ( have never seen that before), and in general, they don't give a rat's behind about their driver personnel, and will flat lay you out to save $10-20.

Before anyone jumps in and screams slander or libel, please understand that I've given their attorney plenty of time to work things out and resolve these issues, but all I got was delaying tactics, and then no contact at all. No problem. Here goes.

Also, it's easy enough to find out who owns the company, who the safety manager is, and who runs the shop. There's a lot of info, pulled out of the letters I sent them, so if you're not interested, use your scroll wheel on your mouse now so you're not upset that it goes into extra innings.

Disclaimer: The safety director is a good man who has his hands tied by owners who don't care about their drivers, a dispatch office that acts like the hours of service don't exist, and a shop foreman who won't fix anything on the road unless forced into it. I had several good conversations with him before realizing that he has the right mindset, but there's so much working against him, he doesn't stand a chance of effectively doing his job.

 

This is from the first letter:

Prior to formally retaining an attorney and pressing forward with litigation, I wanted to make sure that all parties knew all of the information surrounding two workers comp claims, most especially that TLC and Lumbermen's knew how Western Flyer Express was operating.

Western Flyer has been seriously and blatantly negligent in their operations with regard to operational condition of their power units, timely repairs to their power units, and DOT compliance.

Upon being hired, I was originally assigned unit 375, a Freightliner Columbia. The truck had a multitude of various pornographic items in the truck, along with visual evidence of bodily fluids left on many surfaces inside the truck. I refused that truck after these disgusting findings. I was then assigned unit 292, another Freightliner Columbia. Within days of operating the truck, I noted a large degree of exhaust fumes entering the cab. I contacted "Rob", the "shop guy" and asked if I could have it immediately repaired in Amarillo, where it was first discovered. He refused, citing exorbitant costs of repairs outside the company's own facilities. I reminded him that I was sucking in these fumes while driving the truck down the road - he again stated I needed to get the truck to Oklahoma City for repairs - I explained that I was headed to Tucson, AZ, home to San Antonio for 3 days, etc - he would not allow me to put in into a shop at either of those locations, either.

The auxiliary power unit failed to operate a few days after initially working. That means, in cold weather, I would have to idle the truck. I couldn't idle the truck due to large amounts of exhaust fumes coming directly into the cab from the leak, a leak that I later discovered was directly under the passenger side of the cab.

I was required to continue my load from Arizona, keeping it in San Antonio, ultimately delivering in Charlotte, NC. Due to extreme temperatures - 12 degrees in Spartanburg, SC, and 5 degrees in Marietta, OH during my follow-on run, I rented hotel rooms, for which I still have not been reimbursed.

An additional problem with the truck was that the air-assisted power divider (that locks the differentials) did not work, so in Marietta, OH, after only 1/2" of snow, there was sufficient ice on the ground that the truck would not move. A semi-truck next to me locked his power divider and pulled right out from the hotel parking lot. I was forced to call a tow truck, or wait until Spring, so I called a towing company, and after paying $107.00 out of my own pocket - this is after sending several message to the company, which were never answered - I was freed from the level parking lot. I still have not been reimbursed - I have only been questioned by Randy Timms about "who authorized this", meaning the cost of the tow. That would be me, given that the truck might still be there now if I would have waited on WFX to respond, and I had a load to deliver.

After arguing with "Rob" yet again about the exhaust leak, and he again refusing to let me get it fixed on the road, I contacted Richard Lair, Safety Director, who allowed me to get the leak fixed. After delivering my load in Detroit, MI, I went to the TA in Monroe, MI to have the exhaust leak repaired, along with a tire problem where the outside edges of two drive tires was missing or worn away - about an inch wide by an inch deep. After the manager at TA contacted Rob, and he cursed at her in a very unprofessional manner, he authorized the technician there to repair the leak. Approximately 3,000 miles of driving had occurred, without repair, with exhaust leaking into the cab - all because they wanted to save MAYBE $30-40 in cost.

Western Flyer Express was negligent when assigning this truck to ANY driver - this truck had a current inspection decal, indicating that it was inspected by a technician and compliant with all applicable DOT and safety requirement, and it was not.

WFX was further negligent by not allowing this problem to be repaired, despite multiple pleadings and many, many locations along the road where it could have been repaired at a low cost, and on the company's charge account with TA/Petro.

After this repair, I gave notice to Richard Lair that I would not work for a company that disregarded the safety of its drivers and the condition of its equipment, and scheduled my resignation. He asked me to stay, assigning me another truck, unit 831.

I stayed, moved my gear into this other truck, only to find that the windshield wiper/washers and the city horn did not work. A half-baked repair attempt was made on both items, although the windshield washers failed again immediately. The city horn, although working temporarily, began to sound continuously in the middle of the night, with me noting that moving the steering wheel would stop it temporarily. I reported this, after disconnecting the horn - I was parked alongside many, many trucks, with many sleeping drivers. I went without an operable city horn in the truck for the entire time I drove the unit. At one point, after driving in horrible weather, I begged to get the wiper washers fixed and was directed to the Kenworth dealer in Albuquerque, NM. The technician repaired several wiring and motor problems with the system, only to find that the wiper switch was defective. Rob refused to let them work further on it, and also refused to let them fully diagnose what the technician described as a short in the steering column wiring harness. I'm quite sure that truck 831 still has a short in the steering column wiring harness and an inoperable horn. This truck is not DOT compliant.

Truck 831 also had an exhaust leak similar to the one in 292, but not quite as serious - I brought this to the attention of shop personnel, but it was not repaired while I was employed there. The leak in 831 served to perpetuate the illness and problems derived from my breathing in the fumes from 292.

I left the company, after a discussion with Randy Timms proved to me that they will run illegally, no matter what a driver says - I had weighed a load in 831 that had my steer weight at 12,500 lbs. I was not able to slide my fifth wheel to make the load legal. Calls to WFX only met with frustration. I requested that two limiting blocks be removed from the fifth wheel tracks so the fifth wheel could be moved and make the truck compliant. Shop personnel refused and referred me to Randy Timms. He insisted that I could put 20,000 lbs on the front axle. I quoted FMCSR 658.17, which states (paraphrasing) that the front/steer axle can hold up to 20,000, or the manufacturer's rating, whichever is LESS. The manufacturer (Kenworth) placed a decal on 831 that showed "12,000 lbs" as the maximum limit. He replied that they run 39,000 loads a year, have never been caught, and that I should just run like that. I have no idea how many illegally-weighing loads they run on a daily basis, but it is certainly more than a few. I argued that the climate had changed with the adoption of CSA 2010, but he did not care for my input.

It is common knowledge that there are two workers comp claims associated with my employment with WFX. With regard to the sprained wrist, it still produces pain. No further physical therapy sessions have been scheduled, and the pain medication is ineffective. On the respiratory issue, the antibiotics have proven non-effective, the cough suppressant produced no results, and I still have trouble breathing. Although this may clear up in time, I cannot accurately assume if the damage to my lungs and throat will have any permanent, residual consequences.

We are collectively at a crossroads. Due to WFX's non-compliant, cheap (as in not wanting to have things repaired) and negligent operational practices have rendered me injured. There has been no outreach, concern or contact. by WFX, for my welfare.

 

Here's the addendum letter I sent:

As an addendum to the letter dated March 14, 2011, I submit that the information I am giving can be verified by QUALCOMM positioning on unit 292 and QUALCOMM messages sent between my truck and dispatch. January 11, 2011 is the date of the incident I am describing.

I also submit that this information, though describing yet another unprofessional, non-compliant and illegal practice by WFX, does not directly relate to the two issues discussed in my March 14, 2011 letter.

I had picked up a load on January 10, 2011, in Nogales, AZ, had spent most of the day waiting on a load after unloading, so I only drove to a point just over the Arizona line. The next day (01/11/11), my trip plan had me driving through Arizona, then New Mexico. I had planned on stopping that evening at the Flying J just outside Albuquerque, NM, and had stopped for a short break in Gallup, NM, when I got a QUALCOMM message, and then a phone call. This was (approximately) a 650-mile day that would have come close to maxing out my driving hours for the day.

I was asked to continue another 120 miles past my planned stopping point, on to Santa Rosa, NM, wait 2-3 hours there for another WFX driver heading West, and then take this relayed load to South Gate, CA for a 0900 delivery the next day. That's at least 909 miles from Santa Rosa to South Gate. I explained that there was no way I could do that after driving 10 hours. I was then asked if I could get the load there by "noon" the next day. The person in dispatch (Steve) was perfectly understanding of what I'd already driven, how I would have had to exceed my 11 hours driving and 14 hours on duty just to get to Santa Rosa, take a nap (if possible), then drive through the night on a run that would have taken at least 17 hours.

I explained that I couldn't legally do what was asked of me, if there was some way I could help on the load - perhaps having the other driver meet me in Albuquerque, then I could take the load Westward after a proper break. He explained that it HAD to be there tomorrow morning, and if I couldn't do it, he'd get someone else. I was new to the company and didn't want to refuse a request from dispatch, but knew I couldn't make the run, legally or not. I declined.

 

Reimbursement letter from February:

I am requesting immediate reimbursement for costs associated with my operation of units 292 and 831.

As we all know, 292 had a massive exhaust leak that prevented idling the truck and surviving. The APU quit working, so no heat was available without significant risk. It also had a failed power divider/splitter, causing the truck to remain stuck while parked on level ground (in snow/ice). If the power divider worked, I could have easily driven out of the parking lot.

831 had, and still has of this day, inoperative windshield washers, a dangerous situation in snowy/slushy weather. There were several times were I had conditions where I simply could not see or stop in the road to clean the windshield. This is completely unacceptable, dangerous, and not DOT compliant.

Please note attached receipts:

1) Hotel receipt for $60.84, Quality Inn in Albuquerque, NM for 02/02/11. 831 was in the shop at Kenworth for electrical repairs. These repairs were ineffective since the truck's switch failed and Rob did not want it repaired at Kenworth. This is an insane requirement, considering the liability in case of an accident.

2) Hotel receipt for $45.15, Super 8, Marietta, OH. Unit 292 had a major exhaust leak.

3) Hotel receipt for $32.99, Motel 6, Spartanburg, SC. Unit 292's exhaust leak.

4) Towing/winchout receipt for $107.00, Gary's Towing in Marietta, OH. Truck would not move in a level parking lot due to a small amount of ice and snow. Two trucks next to me walked right out using their power divider.

Please reimburse me for the total of $245.98.

On an additional note, I covered three nights hotel stays during my orientation and waiting period for a truck to be out of the shop. Gayle in recruiting took copies of my receipts and submitted them to payroll. I inquired about this reimbursement and was told I would have to wait 90 days. This is unacceptable. I was not informed that a hotel was available or that the company would cover the cost, so, having to have a place to stay, I covered the cost.

I understand waiting 90 days in the drug testing scenario, but this was MY money, WFX spent nothing, and I'm holding receipts for $149.17. Please reimburse this amount immediately, as I see no logical reason to hold reimbursement for 90 days.

 

Reimbursement letter from March 30:

I am once again requesting immediate reimbursement for costs associated with orientation and my operation of units 292 and 831.

I was shocked and dismayed to find that my reimbursement forms had not only had several lines ignored, but the forms had also been manipulated with lines and areas marked out to where they were unreadable. I have no idea why a company would commit fraud in this manner, especially when I have the originals, as do you, I'm sure.

I am once again submitting this request for immediate reimbursement, sending back the forms that were manipulated, with areas marked off that WERE reimbursed. This is a last chance request - if I don't receive a phone call confirming full reimbursement and that the check(s) is on the way, I will immediately file suit in small claims court (in OKC) to recover these funds. WFX will then be responsible for the court costs, after the award is made, as well as being responsible for airing the dirty laundry on this, as all the details would then be public record.

Please reimburse the following, and please follow along with the enclosed package, as sent to me:

Page 1: $4.75 that was marked out/manipulated.
$256.17 for the towing charge I incurred with unit 292 (explained previously) and the hotels during orientation (previously guaranteed by Gayle in recruiting.

Page 2: $12.00 for the item that was marked out/manipulated.

Page 3: Towing, covered on Page 1.

Page 4: $53.53 for hotel during orientation, while waiting on truck 292 to come out of the shop. No offer of a hotel was made by recruiting or the shop.

Page 5: $95.64 for hotel during orientation. No offer of a hotel was made by recruiting.

Please reimburse me immediately for the total of $410.09.

Once again in reference to the orientation period hotels, Gayle in recruiting took copies of my receipts and submitted them to payroll. I inquired about this reimbursement and was told I would have to wait until 90 days of employment. This is unacceptable. I left your employ when I realized the negligent and illegal manner in which WFX was operated. I want my money for those hotels now - but this was MY money, WFX spent nothing, and I'm holding these receipts.

 

And they still owe me $410 - I'll be in OKC next week, and will file in small claims court, since their attorneys are ignoring me now. All good - got to love that "public information" bit, when their company name shows up in the newspaper and online as losing a civil suit.

Let's think what creditors will think about that...

 

It wasn't (-) 12, as in minus 12. That (-) is a dash - a break in the sentence.

"Every little issue"? Like a massive exhaust leak? I can post the photo again if you like - there was a 1" gap, and I sucked exhaust while driving, and forget about stopping at a light or whatever... you get a mouthful. If you've never driven a truck with exhaust coming into the cab, you wouldn't understand.

 

If it was just a little leak, it would have been different. The truck filled up with fumes at every stoplight. So you know within 10 minutes of idling (for sleeping), the air is saturated.

The APU didn't work, and they couldn't figure it out.