Detention times have long been a hot button issue for drivers. Now that the White House appears to be seriously considering adding mandatory detention pay to the next draft of the Highway Bill, the issue has come to the forefront for many small and independent fleets, and everyone has an opinion. But the question remains; is mandatory detention pay good for drivers?
On one side you have guys like Michael Goodman who, when posting comments as part of Overdrive Online’s LinkedIn Group, said that as an owner of a small fleet, he saw no need for mandatory detention pay. According to Goodman, it would cost carriers revenue in the long run and result in new taxes to help pay for government oversight of the program. Other people worried that the money for mandatory paid detention times would just come out of their shipping rates and detention time would stay the same.
The best thing you can do to combat long detention times – according to some of those who are against detention pay – is simply not to accept loads from shippers who can’t give a reasonable turnaround.
On the other side, guys like Jeff Clark claim that stealing their time is the same thing as stealing their wallet. In a blog post, Clark presents the scenario where he has arrived to pick up a load early, but the shippers choose to load and unload their own trucks first since their drivers are paid an hourly wage. After that, they pick a load, load it, pick a load, load it, and on and on. When asked why they didn’t pre-pick the load, the answer was that it would have taken their hourly worker an extra half hour to accomplish the task that way, ignoring the fact that Clark had to wait an extra three hours because of it.
According to Clark, for owner operators like him, simply deciding not to deal with that shipper again isn’t enough. Even if you decide never to work with them again, the next shipper you work with may be exactly the same. And the shipper is completely unhurt by your decision to not work with them again. There are so many small carriers and owner operators that shippers can easily use a new carrier for every single load they have.
There are innumerable other issues having to do with mandatory detention time such as who would be responsible for paying? Would it be the carrier or the shipper? Would the FMCSA be able to enforce payments from shippers? Would all detention time be paid, or only if a driver was kept waiting for an unreasonable amount of time? What if the driver was late to pick up a load? Would rigid scheduling windows be enforced?
The questions go on and on, but the most important for truckers is this: Is mandatory detention pay good for drivers?
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Source: overdrive, teamrunsmart, linkedin
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“On one side you have guys like Michael Goodman who, when posting comments as part of Overdrive Online’s LinkedIn Group, said that as an owner of a small fleet, he saw no need for mandatory detention pay.”
He isn’t the one sitting in the truck.
So true, make the shippers pay detention and insure the drivers get 100% of it!! If our wheels aren’t turning we aren’t making a dime. It’s bad enough that most Otr drivers work seven days a week 12-14 hours a day. And then to sit for hours at a shippers and have your company tell you that if they get paid detention they will pass it on to you!!
Not sure how it works for others, but with us, the first 30 minutes is on my carrier. After that we charge them $50 an hour to get their crap on/off our trailers. My carrier pays our drivers $16.50 an hour the moment our duty status changes from Line 3 to Line 4, regardless how long we sit.
who do you work for ? I am about to retire but this job sounds decent and I could stick around for a few more weeks.
Wow, you actually get $16.50 per hour while you wait? That is pretty substantial for a $200k rig to be sitting there waiting to get the remuneration you stated. How long would it take for you to go broke waiting to be loaded/unlaoded at $16.50 per hour?
It should be $150 -180 per hour, that would get the attention that is deserved, hell I wouldn’t give a hoot payint $16.50 per hour to make any one wait.
I am a company driver. I do not pay for fuel, taxes, maintenance, tags, tires, or anything else. Why should I receive more than $16.50 to be compensated for equipment I don’t even own? My carrier has to pay for all those bills.
roadtoad,
does your company do flatbed?
and can you please contact me in private regarding who you work for if you don’t want to post public.
I am really interested…thanks
One thing has always confused me, why carriers or drivers themselves do not take advantage of something available. If the carrier or driver bills for detention, and the offending party refuses to pay, there is always small claims court, which usually deals with smaller monetary issues and also lawyers are not allowed to be present to argue the case. It would be only the two parties themselves arguing before the judge. It would be interesting to see how a small claims judge sees a driver being delayed with no compensation while the offending entity plays preferential games with its own trucks.
The problem is, there is no cut off after which detention pay starts. You have to have it in the contract in order for it to be enforcible.
True! And small claims courts are different from state to state!
Small claims court? Do you have the time or effort to take someone to small claims court? C’mon guys, with this kind of thinking you are going to remain the neanderthal we have been talking about for the last 100 years
The carrier I’m leased to gives the customer a total of two hours; one at the front to get loaded after we’ve arrived, and one at the back to get unloaded. Most of the time, if I do encounter a detention time situation, it’s not the customer who will object, but the carrier. I’ve gotten the impression from the carrier that the customer will simply short-pay any invoice we send them, leaving off the $ amount associated with detention time. Then, I don’t see the short-pay until two weeks later when I receive my settlement. When questioned, it’s always some lame excuse like “We don’t charge that customer” or “the hour you spent waiting for them to load you, only to have to go to ANOTHER loading facility, isn’t counted because you didn’t have to move very far”.
No kidding. I’ve been told that very thing.
I feel the ONLY reason I’m getting 100% of the fuel surcharge is due to federal regulation. So, if it takes another federal regulation to force these shippers and/or carriers to pay for a drivers time, then so be it.
I’ve explained my position to the carrier like this: YOU get paid for every minute you’re in the office. Tell ya what, the next time I’m detained, I’ll call you and you can go to the time clock and punch out. You can’t go home! You have to continue to do your job! You just won’t be paid for doing it.
SOMETIMES that will get their attention.
I agree with all you guys. when I was driving OTR I never got paid any extra no matter how long I sat.Now its different ,8 hrs a day ,go home and get paid a lot more than I was .
Trucking is the worst occupation I have ever encountered. The pions (truck drivers) are a little slow upstairs so you have to forgive them as most will never succeed to being any more than what they are. _________? You get the idea.
There are so many things wrong with the pay “schemes” carriers have developed, that nothing short of a complete overhaul and standardization is necessary to prevent the continued abuse of truck drivers.
The solution is a lot easier than dreaming up more schemes – pay us the same as every other worker – by the hour with overtime pay. Protect us with the same laws as any other hourly worker. Pay us for meals and incidental expense we are required to be gone overnight.
The trucking companies (and industry in general) have proven time and again that they view employees as nothing more than a variable cost that they must CUT, CUT, CUT. It’s ridiculous that upper tier management expects to live like Nouveau Royalty. Meanwhile, Labor is treated like slaves, rewarded with subsistence for their efforts, and advised how to get government programs. The term “Working Poor” should be banished – no one working a full time job should be poor, except by their own volition.
Thanks!
“…but the shippers choose to load and unload their own trucks first since their drivers are paid an hourly wage.”
Yep, there’s your answer, right there. It solves another problem, too. Why do drivers violate HOS rules? Often times, it’s to make up for all the unpaid time they’ve spent in a day. There’s no reason drivers shouldn’t be paid the same way everyone else is paid for their work – by the hour.
I feel that most of the shippers and receivers that demand pick-up and delivery appointments and you arrive on time but 90% of the time there not ready for you they should automatically be obligated to pay the driver a set fee of $50.00 for the 1st half hour wait and nothing less they make the rules and trucking companys charge them $2.00 dollars a mile or more and I know I can drive 25 miles in a half hour 50 bucks is fair and simple it’s time we drivers stand up for our time
I have waited at many places in my 25 yrs of driving. It used to be pleasant. The shipper or receivers would respect you and you didn’t sit for hrs trying to unload or load. Now that there are all these drivers who have no respect for themselves or others have come in ( I call them the 2 week driver) and ruined it all. They throw trash poop in bags piss bottles and everything else you can think on the ground. Shouldn’t drivers have to pay for them to clean it up. If these so called drivers had some respect for others maybe it would change. I hear shippers and receivers complaining about this continually.
I do agree that there must be detention time payed after a hr of waiting tho as do to the worthless nasty drivers who can only cus every other word have taken the respect we did have and burned it something must be done.
I don’t agree with 50 a hr at all unless it is 100% to the driver. If they make it 50 a hr per say then 50 must go to the driver. I don’t want to see them make it 50 then the driver gets 16 a hr that’s a joke not even half. There has to be a clause that says 100% to driver or it will be the same as the fuel charge hassle we just went threw. The drivers of some companies getting nothing for there time and others 5 or 10 a hr while the carrier makes it pockets full off the sitting driver. It should be 25 a hr to the driver none to carrier. I would love to see how awg responds to it they are the worst in the country on this and to get some of that lumper fee back would be nice.
we really need to look into that also. I shouldn’t have to pay no man to load or unload period. It is there stuff so get it off my truck and fast I did my job now do yours..
I agree with you John on drivers these days not being the same class as the old school vets. Totally different times we are living in (I’ve noticed a significant shift even after only 12 years in the industry).
As for detention pay. We charge $50/hour to the shipper/receiver. The $16/hour we get is what we signed on for in regards to none-driving duties. The rest of it goes towards fuel that is burned during idle time, other customers that are now waiting on their freight, the headache our dispatchers have to go through to reschedule our appointments, and money the truck is not generating cause it is just sitting there. In some cases, we have a guaranteed delivery time, or the shipping cost is on us. We won’t be screwed around with when it comes to waiting time.
In 80% of the cases when waiting is expected to exceed 30 minutes, we just leave the trailer there and pick it up later. Doesn’t bother me. They pay us more to drive.
I will agree with some of the other comments. If you work for someone, you need to be compensated. When you drive, you are compensated for your skill and responsibility to move the truck. When you are waiting, you need to be compensated for your time (even if you are just sitting around). Two hours of wait time is still two hours you could have gotten home earlier. There is no other industry that will only partially compensate you for your time and effort. This whole debate is completely absurd. Fork over detention pay the moment your trailer bumps the dock.
When you all detention pay to the driver and none to the carrier. Do you mean a company driver or a lease on owner operator. ? If you mean a company driver, why should the carrier not get detention pay? If the truck isn’t rolling then its not making money and it still costs the carrier money to just own the truck. Thanks.
I totally agree all this discusting stuff has to stop and the truck driving schools need to put it at the top of the drivers Ed Program these drivers that think having a CDL gives them the right to throw there gallons of Urin along the highways they travel and the yards they go into is a total disrespect to the whole industry, which I and so many of the 50’s and 60’s and 70’s generation were not raised to do that
John,
I couldn’t agree more about the disgusting dirty drivers.
I am a very new driver, and could not believe what I see.
When I stop for the night at TA (I use TA as example because they have so many garbage cans everywhere, there is just no excuse) and I see loads of garbage all around a perfectly good garbage can, it really disgust me.
I sometimes pick it all up, hoping my example will help getting these dirty disgusting guys a clue about respect.
They could just as easily empty their piss bottle and throw the jug away. Instead they leave it right there on the ground.
All truckstop & rest area should set up video surveillance (like Texas does) and start charging these guys.
They make us all look like dirt bags.
As a company driver, my husband is not given the opportunity to refuse the load. He works for a pretty good company, however, it happens alot that he has to wait for the shipper when it is a live load. Thank God the company has 80% drop and hook. He worked for a refrigerated company and that was so bad. He would get to a company like Perdue and could wait hours for them to load and/or unload them. I feel the trucking company allows it. They do not want to lose the contract from the larger companies so they do not enforce the detention time and the driver has to suffer. There are goods and bads to this job and the idea that my husband has to sit for hours without pay and no reprocussions to the shipper and or receiver really sucks for him. We do love this job and we are glad to see that a change is even being considered.
This is a good post and a great example. The shipper/receiver is not efficient in loading and unloading. The driver of the truck has to sit (with no pay). The truck itself is sitting, costing the carrier ( insurance, payments , fuel, etc ). And finally the carrier can’t or won’t enforce detention pay for fear another company will take the freight. The ultimate problem here is the greed in the trucking industry because there is not two carriers that will stand together and say ” We aren’t taking your freight because you don’t treat you’re existing carrier right. Bottom line, we don’t stick together.
quit day dreaming sweet heart. It is only an illusion.
Very good, I agree with you
As long as The Drivers will give it away…They will take it!…
Try telling your Plumber or Electrician that they need to show up at 5:00 AM and wait around until you get to him and then work all night to make up for the lost time…And that you are not going to pay him for his time anyway…
If you want to work for free come and work for me…I know that I can always find something for you to do 24/7…
This is a big part of why I stopped driving ….I just can’t compete with people who will work for nothing!..
I did “Expediting”,an shut down a GM plant,because they didn’t unload me when they were suppose to. Our trucking company billed the shipper if the load didn’t get unloaded after the first hour. I got to the GM plant at 5;30pm,and the dock supervisor told me ,” because you backed into the wrong dock without permission we’ll unload you last, at 12 midnight”. I got the guy’s name,and called dispatch. He called the shipper. at 10:30,and I wasn’t unloaded yet. My dispatch told me that they only had enough parts until 9pm. The line shut down right then. The people from the upstairs head office came down,and tried to blame me for the shut down. I told them to look on your computor,and see just when this guy was going to unload me. Boy was HE in trouble ! LOL! I was unloaded right away at 11pm. I got paid a lot of “wait time” by the shipper,who was not happy with the GM plant. The trucking company has it in the contract for them,and their drivers.
I’ve ALWAYS said it should be that way. MAKE these shippers pay and then they won’t be abusing drivers, making them sit and wait. Make it federally MANDATED that the money, $50, hour goes directly to the DRIVER and it might stop. Might. If drivers are getting paid, then they won’t be speeding, trying to play catch-up. AND, drivers should be paid BY THE MILE WITH OVERTIME after 8 hours of work. I know, all the old timers don’t want it, but times change and drivers should get paid right. AND more.
Sadly, both sides are right. Not paying detention time is stealing money from us. We depend on having as much driving time as possible to make a living. But….if it is forced, shippers will probably take it out of the rates. It’s a no win situation for
carriers.
I think it should be after two hours my 2 cents.
Where you from 2hours are you for real Question How many hourly people do you know that would sit at there place of work 2 hours with out pay?
Stop working for free.
Make the shipper pay and enough where they want to get you out of that Dock ASAP my time is valuable. I have sat for 37hours waiting to be loaded because the shipper said our carrier did not have an empty even though I brought one in and they had at least two more sitting in the holding lot. I received $240 dollars I lost $600 in loads. You tell me if that is equal or fair. Most shippers refuse to pay any detention it is all just more poor greedy management sticking it to the working man. I don’t see the carriers have a choice here they need the freight. On any given week I am having at least two shippers who are holding me up for 3-4 hours. When you inquirer you find out that they do not pull the order then load no they pull one pallet at a time which of course is unproductive. I could name a certain carpet company in Georgia as an example it takes them 6 hours plus to load. They easily have the space to pull an load but this company just dosen’t seem to care when in fact it cost them more labor and power to load one item from their warehouse at a time. Ask me most of the places are poorly run and that won’t change until the have to pay detention. Just my two cents.
The customer must be given a reasonable amount of time to load/unload. The industry standard is 2 hours. If the government wants to mandate detention pay, they should simply make other companies do what major companies are already doing; have detention pay start 2 hours after arrival if the driver arrives on time.
If the government really wants to make companies pay drivers fairly, make them pay for all dispatched miles. Don’t dispatch me 1000 miles but only pay 920.
Two hours is too long for normal palletized load. I have been checked in and loaded with full load of palletized material in less than a half hour. (Rubbermaid). I would make $150+ in two hrs going down the road.
2 hours is a long time but is reasonable. 2 hours gives them a chance to get it done with room if there is mistakes in loading or misplace stock it happens just like us drivers blowing a tire going down the road things happen and not every company can load/ unload in the same time.
We all know alot of shippers put false loading times on our bol’s to combat detention as it is… When we as American’ s not just us Road dogs become willing to set the brakes at any cost to achieve resolutions for Change in this country… Shippers and receivers will continue to beat down the trucker time clock… With the help of an oblivious public who seem so very unaware of how all their stuff gets to them… Just consider the Senate committees vote to suspend the HOS restart rule… they sure ain’t doing it for the truckers…
Shippers/Receivers do not care how long they take to load or unload unless they are being charged detention. Period. If they set an appointment and expect the driver to arrive at that time, then they should be expected to unload it at that time. Detention pay is something that should be considered when you hire on to a trucking company, and O/O should do what suits them best. If the biggest carriers would implement just $25/hr detention pay (paid to the driver), then it would pave the way for it across the board, leaving enough cracks for the O/O to slip in, if they deem their time less valuable.
This is 100% the fault of Truck Drivers because Truckers are too stupid to come together and fix this industry. We let the Carriers control it. They have no incentive to give a damn about our time. I don’t even like the 2 hour window. Carriers just GIVE our time away for free and we deal with it. Don’t blame the Carriers, Shippers or Receivers for how we are treated. They will act in THEIR interests. Tuck drivers must do the same. We do not need feral regulation, we need drivers to decide enough is enough. We can start with banning mileage pay. Mileage pay is the only reason Detention is relevant.
Driving is kind of like piece work. You get paid for the amount of miles you drive. So why not switch dock workers to piece work. Pay them by how many trucks they load/unload during there shift. I guarantee that would decrease wait times by at least 50%.
Or, go the opposite way and pay drivers by the hour – for all of their time. That way, everyone is being treated fairly. There are too many things out of a worker’s control. Piece-work is just another way to exploit people. We should know that better than anybody.
We shouldn’t have to concern ourselves with how fast someone else is working. What other professional is expected to donate hours of their work to their employer, everyday?
They already found a way around that one too. I’m payed hourly, but by the load. Each load I do is payed for a certain amount of hours. If I get done early, it’s great, if I get done late, I’m only payed until a certain point.
We DO need laws. But like a lot of people have been saying, it’s our fault. Our companies need to make their money, the shippers need to make theirs. They’re going to fight to make everything as convenient as possible for them. We’re just a number to these people. If you’re not willing to work the way your company wants, there’s someone else who will. If they don’t want to be lenient on the shipper, someone else will.
A law standardizes everything. We all need to get together, and start demanding laws in our favor. Yeah, the easiest is a strict by the hour pay, including our pre/post trip inspection time. That solves a lot. But how about hometime LAWS for OTR drivers, so no more “we couldn’t get you freight back home until a week later, but you don’t get an extra day off.”? Maybe require a “lounge” for drivers during live loads/unloads in the summer or winter if their engine has to be off?
There’s so much we can be fighting for, but… “THE GOVERNMENT IS THE ENEMY!!!!!!” They’re really not, we’re just letting our companies be the ones swaying them in their decisions. I think it’s time for truckers to start growing some balls and start demanding some changes in the laws to protect us and to make our jobs more reasonable. The public used to have this image of us being these badasses, now they just see us as fat, lazy slobs. Let’s be those badasses that the kids playing with their toy trucks think we are.
I am for it! As an O/O it is my responsibility to be on time for delivery and pick up. If I am not, I am being charged late fees how is shipper any different from me? My time is valuable and most of the time my pick up and delivery times are scheduled ahead. If shipper is holding me for that many extra hours it is those hours I have to make up. Take few extra hours per 3-4 pick ups a week that’s almost one extra full load. I am completely for it but do have a problem government regulating it.
Government enforcement would be spotty but better than none!! Is making our load weights legal. Now if they could make sure that federal hwy moneys were applied to federasl roads that trucks use ( all of the lanes)
I get paid regardless with my company for waiting past 2 hrs, I get paid for strapping and tarpon regardless of the load, plus 42 cents a mile, i love my job, I guess I am the minority these days
Standard work week is 70 hours for a driver. With fedral minimum wage plus overtime that is $32,000 a year. That is what I make on mileage in a normal year at a training company. This is the way the industry has been headed since the mid 80’s if you don’t like it learn a new skill because there is nothing you or your Government can or will do about it.
Exactly. If you have no leverage you have no bargaining position.
Dispatchers, mechanics, janitors, every other person in this industry gets paid for everything they do from the start of their day to the end. Why shouldn’t drivers? Why should we only get paid “when the wheels are rolling”? We don’t get extra credit for time spent waiting (even several hours in a lot of places) when we meet the Grim Reaper or stand in front of St. Pete … or do we?
As for the tax aspect of this, that is an entirely different argument that needs to be taken to the panderers, I mean “politicians”, in the Swamp who make the earnings theft (tax) laws. I could go on for days on this sorry subject.
The solution to the detention problem is increasing the penalty. Consider the towing industry. People generally abide by parking rules when the threat of towing is real; if your vehicle gets towed, you must go to the towing company’s location and pay the tow company (dearly) to retrieve your property. One way this can happen is leaving your vehicle parked too long in one place.
If ultra-slow warehouses were subject to having their goods removed from their property for storage in a remote location and then having to pay dearly to retrieve them (on top of the original shipping cost), I’m pretty sure we’d see detention times go down. A beneficial side effect of this approach is it gives rise to a whole new industry: detention warehouses.
I think they should make it mandatory to pay detention but I think it should go to the company and the company should break out a fair wage to the driver. It should be a mandatory $50 min hr with 1 hour free upon arrival and 1 hr Free on delivery but there also needs to be a provision that says they cannot take away or decrease the rate history of pay on said loads. Also if a driver is late let it be within the free hr he’s giving you to be there and still get paid. Extenuating circumstance like major accident provisions delay could also be reported. You drivers really pass me off who want all the money to go in your pocket when the equipment your driving is costing me money not rolling down the road. I think .25 percent of detention is a fair amount to a driver so in this case you would get 12.50hr but some shippers could be paying up to $100hr which is more money. Don’t be greedy drivers I am a small 2 owner operator setup who hires drivers and working on more problem is no one will go for this.
The whole concept of detention pay is wrong in my opinion. It should be designated Loading/Unloading pay and start the moment the trailer docks. Drivers are paid by the mile. When the wheels are stopped, the pay stops. Whoever dreamed up the idea of allowing a shipper/receiver two free hours to unload was wrong-headed in the first place. That “free” time donated by the driver comes right out of the driver’s pocketbook. Likely, the only way to change this is, in fact, a federal regulation mandating this time be compensated by the shipper. That way, it applies across the board at the same time to all concerned and no one gains a competitive advantage in the process.
In response to the article I say make it mandatory that the shipper pay detention. As a company driver shipping rates do not affect me. Owner operators have enough power to dictate there shipping rates. All it takes is some organization. Detention is abuse of labor as far as I’m concerned.
Detention time would be excellent for drivers and could go well with electronic logs because with elogs, you only have 14 hrs in your day and 11 for driving.. Spending hours at the shipper or consignee is time out of your day which equals money out of your pocket!! Anyone saying otherwise isn’t a driver paid by the mile!!!
We need to be paid for all hours working not just driving. NO giving up 2 hours, they get paid while we wait.
We need to get paid by the hour. Being paid by the mile is a huge trouble maker.
Pulled over just because the LEO was bored? your time and money. Stop to pee? your time and money? construction zone for miles and miles at 35mph? your money. They are being funny at the dock and they won’t unload/load your truck in hours? your money. The weather shuts down a road, or slows you down? your money. An accident shuts down the highway just in front of you and you need to wait hours to be cleared? your money!!!
And all a=of that while driving a restricted truck, forcing you to drive at unsafe low speeds when the rest of the vehicles are going at least 10mph faster. They don’t know about the 85%?? don’t get me started.
Detention pay needs to be $200+ after 2 hours and a percentage rate paid to the drivers. Yes shippers and receivers will add it to the shipping rates but thats an easy $200 saving if they get the truck out on time so they win if they load or unload on time and if they dont they loose an easy $200
They also should make it mandatory to provide overnight parking. If they ship over a set amount of tonnage per week/month or annually.
The last thing we need, no matter how good of an idea it is, is another law! Yes, detention pay is a nice idea and great when received but it should not be written into law. If a carrier is that dead set on receiving detention pay…write it into your carrier contract…do NOT put another government mandated/regulated law on the commerce industry. Look what their HOS changes have done!
Make the shippers/receivers liable for any detention, in many cases they are with the pay split between company and driver 50/50 and enough to hurt. It is out of the drivers control except when he is late and does not notify anyone. Some grocery warehouses are really bad.
Any money a driver gets paid is good…
Ok:You’ve kicked open the door to my favorite pet peeve.
#1.All truck driver pay is a scheme unless you’re paid by the hour…
#2,Detention time.When the truck hit the customers property the time starts-No up’s -no downs..
#3.No free time…
#4,The driver drive’s-The shipper/Reciever loads or un-loads.
#5All Owner Operators are paid the hourly rate of the rate recieved per mile multiplied by the speed limit on the highway.
#6 Put all company drivers under the Fair Labor Relations Act of 1932 ???
This means a hourly rate boy’s & girls”’,BTW if you look into the act only truck drivers and farm laborers are the only people not covered under the Act…All truck drivers were covered under the ICC(Remember Them)until that department closed and all ICC books were handed over to the DOT sometime in the 90’s.
BTW this is a lawsuit that the DOL or Teamsters should take up and finalize!!!!
Good Luck and God Bless from the Left Coast!!!