you can SUE!!!

Discussion in 'Shippers & Receivers - Good or Bad' started by MassRed, Apr 5, 2012.

  1. MassRed

    MassRed Bobtail Member

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    Hello everyone, Just going through some of these thread hear about lumpers, reimbursement, etc and just wanted to tell you that if a company or receiver require that you pay for lumping services that you do have the right to sue. I'm speaking strictly if you refure to pay and are threatned with a refusal of the load in which ultimately you get fired or relieved from leasing or tendering loads for said company. Here's the law as directly stated from ooidas website.

    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.


    So there you have it folks, It's black and white, clear as day.

    PS: Supervalu has already been sued and lost... Just food for thought.
     
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  3. MNdriver

    MNdriver Road Train Member

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    someone should tell that to Walmart then too....
     
  4. CondoCruiser

    CondoCruiser The Legend

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    I posted that to see what it would bring. :)

    The thing is as a company driver, it is usually prearranged. If not the company bills back the shipper. You never see shipper charging to load, only receivers charging to unload. The money goes in a circle.

    It would be helpful to owner operators to know this law. Your first step would be to contact the FHWA (Federal Highway Administration) and make them aware of an illegal practice. We've all seen them. I even had an incident with a Walmart one time I could of slammed that in their face if I knew of it. I unloaded all but 4 pallets and they said they were rejecting my load because I was taking too long. That was at 2 hours. I ended up paying them to unload the last 4 pallets and I didn't get paid for the hard work I already done. Bottom line was they don't want you on their docks.
     
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  5. MNdriver

    MNdriver Road Train Member

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    I was told Monday it was either $50 for a lumper or else I had to help unload at Walmart.

    Company had already given me a T-check number for the lumper fee.
     
  6. CondoCruiser

    CondoCruiser The Legend

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    That was an isolated incident I had. For the most part Walmart does well. But the threatening to refuse a load is a common practice if they don't get their way. Sounds like coercing to me.
     
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  7. Hardlyevr

    Hardlyevr Road Train Member

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    Having always worked in the Household and related end of trucking, I've always wondered what would happen if freight drivers at these kind of places, that usually seem to be grocery related, when told they must either pay for lumpers, or unload themselves, restack pallets to a different pattern, etc., whipped out an accessory services request form and told the receivers that they had to agree to sign for it before it could be done. And having this form signed would then be billable. Probably most of the time the drivers would be told to leave, or it would be there last time there, but sooner or later this scam needs to be fixed. Investigating this whole area (or planning to) is what ended the ICC.
     
  8. MassRed

    MassRed Bobtail Member

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    Well, just doing a quick google search a stumbling upon legal-dictionary i copied a direct quote from their definition and it states

    "Coercion, as an element of duress, is grounds for seeking the Rescission or cancellation of a contract or deed. When one party to an instrument is forced against his or her will to agree to its terms the document can be declared void by a court."

    My guess would be print up some sort of agreement that you can just whip out and take to the receiver stating you do not pay lumpers and if he/she signs but still want you to purchase a lumper with the threat of refusing the load i'm guessing you some how log that (Note: do not put it in the contract, i'm guessing you would need thier refusal to accept the load as some sort of "proof" that it was in fact an act of coersion. Also, If your company threatens to fire you, you have a perfectly arguable case in front of you for a lawsuit.

    PS: SuperValu has already been sued as-well as a few others and they lost.
     
  9. bigjoel

    bigjoel Road Train Member

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    That whole "driver assist", or lumper thing is such a scam.

    It's your stuff, you ordered it, you get it off the truck.

    I am a driver, not an OTR dock worker.
     
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  10. PackRatTDI

    PackRatTDI Licensed to Ill

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    One customer I dealt with at Stevens, Van de Kamps in Jackson, TN, charged $70 to load a trailer. If it was a preloaded trailer, the fee was prepaid. Live loads the driver had to pay and get reimbursed.
     
  11. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    I'd say technically, the consignee ordered the product and the product is considered delivered, WHEN said product is on their dock. If the product is on the trailer, it's not "delivered" yet. Just like buying a sofa from the furniture store and they deliver it to your house. Do they park the truck in the street and tell you to get it off the truck ? Not quite. They carry it into your living room. Now the "delivery" is complete. Same with UPS/Fed Ex. It's delivered to your door. Drivers need to know the regulations. The fact that the consignee tells the driver to unload it is something that needs to be worked out between the truck company and driver, BEFOREHAND.
     
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