• Report: #366263

Complaint Review: McKelvey Trucking

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  • Submitted: Sun, August 24, 2008
  • Updated: Sun, August 24, 2008

  • Reported By:Somewhere California
McKelvey Trucking
8164 W. Buckeye Rd. Phoenix, Arizona U.S.A.

McKelvey Trucking Abusive treatment of drivers by employers, forced dispatch, delayed deliveries Phoenix Arizona

*Consumer Comment: Some education on how to survive being an EMPLOYEE driver.

*Consumer Comment: Some education on how to survive being an EMPLOYEE driver.

*Consumer Comment: Some education on how to survive being an EMPLOYEE driver.

*Consumer Comment: Some education on how to survive being an EMPLOYEE driver.

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When is someone going to aid drivers in their effort to get fair and truthful reporting to DAC by employers?, ...To stop forced dispatch, and retaliation for trying to keep our logged hours legal?

While at McKelvey, I experienced layovers of three days and more, if I didn,t accept an imediate assignment after delivery of my loads. If traffic or construction delayed arrivals/deliveries, drivers would also find themselves waiting days for a new 'load'. While favored drivers routinely recieved return load assignments, or round trip assignments.

Dispatchers would routinely take attractive loads 'off' the board to reserve them for their favorite drivers. To avoid being accused of delaying shipment, they would simply reschedule the load for a later date.

Once, a new driver at the Fontana terminal complained that he was badgered by his dispatcher to pickup a load after his legal hours had run out. He related having explained to the dispatcher that he would have to go directly to the terminal for ten hour reset before continuing with the load.

After about eight hours he was contacted on the 'Qualcomm' (an onboard computer and dispatching tool linked by satelite) and after explaining the situation again he was removed from the load 'to keep it moving'. The next day (12 hours later) he and his truck sat without an assignment, But so did the load he was taken off of. It did not move for nearly 30 hours later when assigned to another driver.

The new driver was still sitting there with two days of no miles, no pay, and no reasonable explaination.

Every time a driver needed to stop for reset of hours, they would lose prompt reassignment to a new load.

One dispatcher actually threatened to shoot a driver. Another would, romove an assigned load from a driver if he had previous difficulty with that driver. And put that driver on hold until the next shift (That means 'No Loads'). This dispatcher openley brags about his abusiveness twords drivers.

The management knows all about these practices and defend the dispatchers who commit them.

I personally wittnessed part of the saga when management tried to deny a driver payment of a workers comp claim, when he had a witness, a doctors report, and physical evidence to support his injury claim. The company had two other employees conjure a report that they over heard the driver speak of fraud (a false claim), in an attempt to avoid covering his injuries. Of course, it did not matter that the drivers face was so swolen that he could not drive the truck for six weeks (His eye was swolen shut from a bee sting. A bee had come in through the window, hitting him in his eye.) Another driver had to be sent out to complete his delivery.

NOTE: Any driver with even just a few months experience can atest to the event. When driving in open country sometimes you encounter a swarm of bees that leave hundreds of dead ones squashed on the windows, grill and mirrors of the truck. God help you if your window is open. Several of them can get inside and reek havoc on ones senses. Not to mention your ability to drive whilst bee-ing stung.


One trainer was cited for illegal parking. As often happens, the officer gave him a break, the charge could have been an arrestable offense (a Felony), 'Endangering lives'. The trainer was driving but tried to blame the trainee. Fortunately the officer did not let him. (Later the trainer was training another driver when the trainee hit a car. The trainer was asleep in the bunk. He still works there.) Every time I tried to pull out my log book to keep it current, the same trainer would admonish me, them tell me 'never fill out the log until the end of the day. When he said he would show me how to 'fix' the logs. At the end of each trip he then used my logs to allow him to
make his 'match'. My second trainer did the same. During one week of "TRAINING" at Mckelvey, I was written up for 9 log violations. Some training huh?

Defective equipment! My truck was in the shop an average of three time a month. With those kinds of statistics how can we eek out a living?

Now, add to that the Feds and State agencies breathing fire down the backs of our collective necks because of some drivers who really should be taken off the road, and it becomes a losing battle.

There is absolutley no one, no agency, no lawyer, to represent and protect the rights and reputations of conscientious drivers who for integrity, get slammed by the boss.

Further, employers have no regulations concerning the reporting of false or vindictive information to DAC. And DAC makes it nearly impossible for drivers to remove negative and false information once it's reported. And they allow employers to repeat the posting if it is removed.

These events are but a fraction of happens daily. Mckelvey is not alone in their 'Be Unkind to Drivers' campain.

Steer crazy
Somewhere, California
U.S.A.

This report was posted on Ripoff Report on 08/24/2008 12:17 AM and is a permanent record located here: http://www.ripoffreport.com/r/McKelvey-Trucking/Phoenix-Arizona-85043/McKelvey-Trucking-Abusive-treatment-of-drivers-by-employers-forced-dispatch-delayed-deli-366263. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Consumer Comment

Some education on how to survive being an EMPLOYEE driver.

AUTHOR: Steve - (U.S.A.)

Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately.

However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies.

BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection.

You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired.

That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game.

NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally.

You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid.

It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing.

Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself.

Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away!

C.Y.A.
Respond to this report!
What's this?

#2 Consumer Comment

Some education on how to survive being an EMPLOYEE driver.

AUTHOR: Steve - (U.S.A.)

Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately.

However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies.

BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection.

You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired.

That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game.

NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally.

You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid.

It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing.

Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself.

Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away!

C.Y.A.
Respond to this report!
What's this?

#3 Consumer Comment

Some education on how to survive being an EMPLOYEE driver.

AUTHOR: Steve - (U.S.A.)

Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately.

However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies.

BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection.

You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired.

That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game.

NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally.

You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid.

It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing.

Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself.

Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away!

C.Y.A.
Respond to this report!
What's this?

#4 Consumer Comment

Some education on how to survive being an EMPLOYEE driver.

AUTHOR: Steve - (U.S.A.)

Although I share your frustration in the treatment of OTR Employee drivers, an Employer has great legal latitude in what they can do, unfortunately.

However, you are NOT alone as you stated. The FMCSA is very agressive in the investigation of complaints, as are several state agencies.

BUT, you have to be SMART, and DOCUMENT EVERYTHING. Keep a journal. Make a record of every conversation with the dispatcher or any supervisor. Transcribe time/dated statements to your journal. Record every major event in your drivers log as well. Record detours, traffic delays, shipper delays, etc. Also record fuel stops, pre-trips, etc. This is for your protection.

You can file FMCSA complaints on every infraction by the owner/dispatcher/supervisor, as well as with state agencies. However, you will most likely be fired.

That is the downfall. Most states are "at will" employment and/or "right to work" states so you can be fired without cause. That is why you want to document everything, so you can prove retaliation which is a whole different ball game.

NEVER let any dispatcher or anyone else tell you to operate outside of legal HOS. Remember, it is your CDL, your life, your ticket, and even possibly your prison sentence if you injure or kill someone [regardless of fault] if you were running illegally.

You can file a wage complaint with the USDOL if the company demands that you are in readiness to work, or if they ask you to do maintenence on the truck, etc. This is because there are minimum wage laws. If you are just sitting and not getting mileage pay, you are entitled to at least minimum wage in many cases. Many drivers do not know this. I have filed and have been paid.

It is also good to get all job details in writing prior to starting the job. Get your mileage rate spelled out, get your detention and layover pay spelled out, etc. get it in writing. Get the company safety policy in writing.

Most important, STAY OFF THE PHONE!! Do everything on the qualcomm as these records are maintained, or even better yet, if you have a wireless internet connection, communicate your concerns by email and CC yourself.

Making them "accountable" is half the ball game. Conversations "never existed" but written documents never go away!

C.Y.A.
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