Swift Transportation Services

After being OTR for a month I went on hometime for my son's graduation. During this time the tractor I was assigned was taken out of service and sold I was told this by DM Vic Quintana, and TM Chris Ryan of the Albuquerque, NM Swift terminal. It was not until June 6, 2008 that I was called and told they had a tractor ready completely serviced, ready to go by my Driver Manager. I drove 178 miles to Albuquerque to go to work as I live in Northern Arizona. I was assigned truck #590094 a Kenworth model.

Approaching this tractor with my DM I noticed all rear 8 tires were close to being, if not, D.O.T. illegal. I was handed a sign off sheet that was made out before we both walked to the vehicle and the DM said sign off on the paper so He could get back to what he had to do. I got in, started the vehicle turned it off and loaded my personal belongings into it I noticed the weigh station pre-pass laying on the dash, DM did not know if it was activated. the Qualcomm had a large scratch across the face of it making it hard to read certain areas and came unplugged as the back-plate was missing.

Next I go to start the tractor and its completely dead with charging light on. I red tagged this vehicle to go in the shop as I decided after my pre-trip inspection this truck was not road ready. I received a letter of dismissal towards the end of June 2008 stating dissatisfied with job. All my phone calls were ignored by DM and TM, and now I am left wondering why Swift's motto is 'Safety First'...?

[For all those company people, i.e. Current Drivers, little girls in the office or anyone else currently employed by Swift You may post as many rebuttals, explanations or statements of disagreement as you like, however I will not respond further to anyone from Swift. ALL relevant facts are stated herein]. This correspondence is written by a past employee in an effort to solicit participants to determine feasibility of a possible class action lawsuit against Swift Transportation for violation of Federal Labor Laws and/or the FLSA. Lets start with Swift Driving School: A prospective Driver enrolls in the School, fills out all the paperwork, continues through School and graduates, is assigned a mentor then graduates and is assigned his/her own truck.

Part of the required paperwork to be signed prior to starting School is a Tuition Reimbursement Agreement to be payroll deducted -- {paraphrased clause} In the event the Driver's employment ends, Swift may withhold the employees last payroll check to be applied toward any remaining unpaid balance due on Tuition.

(A)Swift policy states that Drivers who are on duty, not driving will receive breakdown pay and/or reimbursements for overnight motel bills, or both.

(B)Federal Law states: a Driver is on duty, not driving, waiting on a dispatch during a 7 day period, the Driver drives a total of 800 miles for a week @ .34 per mile = $272.00. On duty time = 56 hrs. Average hourly rate = $4.85 per hr. The Driver must be paid equivalent to $5.85 per hr. Federal Minimum Wage.

(C)Federal Law requires ALL Swift Drivers who are on duty between Monday thru Sunday of ANY week, to average $5.85 per hour for all on duty hours, it DOES NOT matter how many miles are driven. (this includes time waiting on a load or any other on duty time)

(D)Example: After your home time ends (on Sunday) and you receive your first dispatch to begin your next 14 day work period (on Monday), your payroll check for week 1 should not be less than $409.50 and, your payroll check for week 2 should not be less than $409.50, it does not matter how many miles are driven.

(E)You are a past employee Driver and have received phone calls or a correspondence from Collect America Commercial Services, Inc. 16011 College Blvd. Suite 101, Lenexa, KS 66219 regarding a debt owed for Swift Driving School and you did not receive your last payroll check or your last payroll check did not include pay for which you submitted BOLs or receipts.

Once a Driver's employment ends with Swift, the unpaid tuition balance is turned over for collection. The Driver's last check is withheld by Swift. The amount of unpaid wages and any other money owed to the Driver IS NOT deducted from the outstanding tuition balance that Swift attempts to collect. Federal Law requires ALL earned wages to be paid.

Current and past employee's who are interested in the possibility of recovering back pay and wages due, please respond to this complaint. Current employees please do not disrupt the work place or solicit participants on company time or on Swift premises.

Respondent's, please understand we will need 10-15 willing participants who will be directed to a website for screening at a later date. This will prevent company management from posing as a participant or interfering with the effort. The website and additional information will be posted here, please check back every week or two for the next several months.