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Cleveland Ohio Area Local 72
APWU, AFL-CIO
 
 
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APWU
National APWU Website
IMPORTANT MVS INFO!
Print Icon Sep 15, 2015

PLEASE READ THIS EMAIL CORRESPONDENCE!

Local Director and Stewards,

The APWU is seeking your comments and input to the Federal Motor Carriers Safety  Administration concerning the hours of operation for non-postal drivers, particularly High Contract Route drivers. This rule precludes  drivers of commercial vehicles from driving more than  l4 hours in a day, or working  more than 14 hours in a day. The Postal  Service  is not seeking this exemption for its own employees, but rather for the employees of those firms it contracts  with to transport  US Mail (HCR drivers). If the exemption is granted, commercial trucks driven by fatigued  drivers,  will be operating in heavily  residential areas. Those communities will be at a higher risk of danger. The third party contractors will be at a higher risk of liability. The employees of those contractors will be at a higher  risk of harm. Yet none of them has sought  these increased risks on their own.

National Director Michael Foster has requested that each NBA submits an comment to the 
http://www.regulations.gov/#!documentDetail;D=FMCSA_FRDOC_0001-1774, and contact local their leadership, and rank and file membership and ask them to submit comments also. The National Star Route Association has requested an exemption to the 14 hour limit. They are doing the USPS bidding in requesting this exemption. This will allow them to have many more split shifts where they take the mail to a station or branch and are in a non-pay status for up to 9 hours before they make the return trip, close-out in the evening. This is certainly not a coveted assignment or way to make a living, and the safety aspect of drivers, and possibly can lead to an increase of accidents. Many of these drivers aren’t  required to participate in drug and alcohol  testing because of the size of some of these companies. We attempted to stop the exemption to the 11 hour rule exemption that they sought in 2005,(see attachments) although we were unsuccessful, it is a fight that is still worth waging. The deadline to comment is September 21.

Merlie H Bell
Central Region
National Business Agent
Motor Vehicle Division
55 East Jackson Blvd
Suite 400
Chicago Il, 60604




From: Michael Foster
Sent: Tuesday, August 25, 2015 4:55 PM
To: MVS NBAs
Cc: Mark Dimondstein; Phil Tabbita; Sally Davidow; Mindy Holmes (
mholmes@murphypllc.com)
Subject: FW: APWU Comment?


I am requesting that each NBA submits an comment to the FMCSA_FRDOC_0001-1774 at www.regulations.gov<
http://www.regulations.gov>, and contact local leadership, and rank and file membership and ask them to submit comments also. The National Star Route Association has requested an exemption to the 14 hour limit. They are doing the USPS bidding in requesting this exemption. This will allow them to have many more split shifts where they take the mail to a station or branch and are in a non-pay status for up to 9 hours before they make the return trip, close-out in the evening. This is certainly not a coveted assignment or way to make a living, and the safety aspect of drivers, and possibly can lead to an increase of accidents. Many of these drivers aren’t  required to participate in drug and alcohol  testing because of the size of some of these companies. We attempted to stop the exemption to the 11 hour rule exemption that they sought in 2005,(see attachments) although we were unsuccessful, it is a fight that is still worth waging. I am asking Javier to coordinate this effort and follow up with the NBA’s. The deadline to comment is September 21.



From: Michael Foster
Sent: Monday, August 24, 2015 2:37 PM
To: 'Mindy Holmes'; Phil Tabbita; Javier Pineres
Subject: RE: APWU Comment?



This is similar to the comments we made in 2005 when the Star Route Association was challenging the 11 hour rule, we encouraged drivers, and Pritchard and myself supplied comments. It didn’t do any good that time, and probably won’t do much good this time, but we can.



From: Mindy Holmes [mailto:
mholmes@murphypllc.com]<mailto:[mailto:mholmes@murphypllc.com]>
Sent: Monday, August 24, 2015 2:23 PM
To: Phil Tabbita; Michael Foster; Javier Pineres
Subject: RE: APWU Comment?



The deadline to comment is September 21st and some individuals have already commented (going all directions in their opinions) which you can see if you click the 2nd link.  I agree you should get input from drivers so we are advocating for workers more generally (including our own!).  Is there someone at the AFL who would be a resource or did that person/resource leave with the Teamsters?



Michael, should we set up a meeting to decide who is doing what?  And how this impacts the contract if it does?



M.



Mindy Holmes

MurphyAnderson PLLC

o (202) 223-2620  ?  m (202) 841-5036  ?  f (202) 223-8651

1300 L Street NW ? Suite 1210 ? Washington DC 20005


mholmes@murphypllc.com<mailto:mholmes@murphypllc.com>








From: Phil Tabbita [mailto:ptabbita@apwu.org]<mailto:[mailto:ptabbita@apwu.org]>
Sent: Monday, August 24, 2015 2:19 PM
To: Mindy Holmes; Michael Foster; Javier Pineres
Subject: RE: APWU Comment?



I think so.  I have to look closer and we should talk to a few of our drivers.  I think the time between shifts will be inadequate.  A lot of HCR is work is longer haul than described in the article.  And I don’t think that someone sits around for a few hours between runs means they don’t need time for a good sleep.  We may want to find an expert on “tired” driving.



From: Mindy Holmes [mailto:
mholmes@murphypllc.com]
Sent: Monday, August 24, 2015 2:15 PM
To: Michael Foster; Javier Pineres
Cc: Phil Tabbita
Subject: APWU Comment?



Does the APWU want to comment on the following:



Mail Haulers Requesting Exemption of 14-Hour Limit


http://www.overdriveonline.com/mail-haulers-requesting-exemption-of-14-hour-limit/

The National State Route Mail Contractors Association, whose members transport mail under contract for the United States Postal Service, has requested an exemption from the 14-hour on-duty limit of FMCSA’s hours-of-service regulations. NSRMCA requests that mail-carrying drivers have the ability to — after being off duty for eight consecutive hours — choose to be on-duty up to 15 hours in a 24-hour period and drive up to 10 hours. NSRMCA says its drivers typically work in “split-shifts,” breaking their on-duty time up with a nine-hour break between on-duty shifts.  “A typical driver will have worked eight hours, with a nine-hour break during the day between outbound and inbound routes, and a seven-hour overnight break,” according to the request. According to the exemption, a typical day for a NSRMCA driver starts early morning and ends four hours later at the last post office on the route. The return route typically starts nine hours later, and drivers deliver to the central processing facility four hours after that. NSRMCA says the exemption would reduce operating costs for the USPS and contractors that have contracts with USPS. The FMCSA is seeking public comment on the request, which will be available for 30 days after publication on the Federal Register. Comments can be made by searching Docket No. FMCSA_FRDOC_0001-1774 at www.regulations.gov<http://www.regulations.gov/>, or by clicking here.<http://www.regulations.gov/#!documentDetail;D=FMCSA_FRDOC_0001-1774>





Mindy Holmes

MurphyAnderson PLLC

o (202) 223-2620  ?  m (202) 841-5036  ?  f (202) 223-8651

1300 L Street NW ? Suite 1210 ? Washington DC 20005


mholmes@murphypllc.com<mailto:mholmes@murphypllc.com>


 


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