Julian v. Swift Transportation Incorporated et al
Court Docket Sheet

District of Arizona

2:2016-cv-00576 (azd)

NOTICE of by Pamela Julian Consent to Join Collective action [Transferred from ded on 3/2/2016.]

Case 2:16-cv-00576-ROS Document 10 Filed 02/26/16 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PAMELA JULIAN, 0n her own behalf, and on behalf of all others similarlv Case No. I: 15-cv-012 12-UllA situated, Plaintiffs, CONSENT TO JOIN vs. COLLECTIVE ACTION Fair Labor Standards Act of 1938 2e u.s.c. $ 215(b) SWIFT TRANSPORTATION, f,NC. and SWIFT TRANSPORTATION CO. OF ARIZONA,LLC Defendants. I, Pamela Julian. worked fcrr Sw'ift Transportation, Inc. and Swift Transportation Co. of Arizona. LLC. ("Swift"), within the past three years. I want to join this lawsuit alleging that Swift has violated the Fair Labor Standards Act. I understand that this lawsuit seeks unpaid minimum wages an#or overtime that may be owed to me, and that b"v joining the lawsuit I will become a party plaintiff. I understand I have the right to choose other counsel, and I choose to be represented in this matter by the Law Offices of Gary W. Aber; Schneider Waliace Cottrell Konecky Wotkyns LLP: and other attorneys with whom they may associate. n t I' Vqrta < \s.--)'^-\' v-'.. N ff Signature.i, \ lr_\ \ r.I3 Date signed CONSENT TO JOIN COLLECTIYE ACTION

NOTICE re: Notice By Plaintiffs Of Filing Consent To Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 38 Filed 10/24/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 38 Filed 10/24/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 2. Carlos Largaespada 7 8 Dated: October 24, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 38 Filed 10/24/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on October 24, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1 2:16-CV-00576-ROS

NOTICE of Service of Discovery filed by Swift Transportation Company of Arizona LLC.

Case 2:16-cv-00576-ROS Document 39 Filed 10/31/16 Page 1 of 2 1 David T. Barton #016848 C. Christine Burns #017108 2 BURNSBARTON LLP 3 45 West Jefferson, 11th Floor Phoenix, AZ 85003 4 Main: 602.753.4500 david@burnsbarton.com 5 christine@burnsbarton.com Attorneys for Defendant 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF ARIZONA 10 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 11 on behalf of all others similarly situated, 12 Plaintiffs, DEFENDANT’S NOTICE OF 13 vs. SERVICE 14 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 15 ARIZONA, LLC, 16 Defendants. 17 18 Notice is hereby given that Defendant Swift Transportation Co. of Arizona, LLC 19 ("Swift" or "Defendant")1, served their Response to First Set of Interrogatories and 20 Response to First Set of Requests for Production on counsel for Plaintiffs via electronic 21 mail on October 28, 2016. 22 RESPECTFULLY SUBMITTED this 31st day of October, 2016. 23 BURNSBARTON LLP 24 25 By/s/David T. Barton 26 David T. Barton C. Christine Burns 27 28 1 Swift is unaware of any legal entity such as the entity identified in the Complaint as "Swift Transportation, Inc." Case 2:16-cv-00576-ROS Document 39 Filed 10/31/16 Page 2 of 2 1 CERTIFICATE OF SERVICE 2 3 I hereby certify that on October 31, 2016, I electronically transmitted the foregoing document to the Clerk's Office using the CM/ECF System for filing and 4 transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 5 Joshua Konecky (CA SBN 182897) 6 Nathan Piller (CA SBN 300569) SCHNEIDER WALLACE COTTRELL 7 KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 8 Emeryville, California 94608 9 Tel: (415) 421-7100 Fax: (415) 421-7105 10 Email: jkonecky@schneiderwallace.com Email: npiller@schneiderwallace.com 11 Attorneys for Plaintiffs 12/s/Carolyn Galbreath 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-2-

NOTICE re: Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 40 Filed 11/01/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 40 Filed 11/01/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 3. Michael A Russ 7 8 Dated: November 1, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 40 Filed 11/01/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 1, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1

NOTICE re: Notice by Plaintiff of Filing of Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 41 Filed 11/03/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 41 Filed 11/03/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 4. Kevin Browder 7 8 Dated: November 3, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 41 Filed 11/03/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 3, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1

NOTICE re: Notice by Plaintiff of Filing Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 42 Filed 11/07/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 42 Filed 11/07/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 5. David Leister 7 8 Dated: November 7, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 42 Filed 11/07/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 7, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 42 Filed 11/07/16 Page 4 of 5 EXHIBIT 1

NOTICE re: Filing Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 43 Filed 11/11/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 43 Filed 11/11/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 6. Jose L. Quintero 7 8 Dated: November 11, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1 Case 2:16-cv-00576-ROS Document 43 Filed 11/11/16 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 11, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS

Joint MOTION for Protective Order by Swift Transportation Company of Arizona LLC.

Case 2:16-cv-00576-ROS Document 44 Filed 11/11/16 Page 1 of 2 1 Garrett W. Wotkyns (AZ SBN 025887) SCHNEIDER WALLACE 2 COTTRELL KONECKY WOTKYNS LLP 3 8501 North Scottsdale Road, Suite 270 Scottsdale, Arizona 85253 4 Tel: (480) 428-0142 Fax: (866) 505-8036 5 gwotkyns@schneiderwallace.com 6 Joshua Konecky (admitted pro hac vice) David T. Barton #016848 Nathan Piller (admitted pro hac vice) Christine Burns #017108 7 SCHNEIDER WALLACE BURNSBARTON LLP COTTRELL KONECKY 45 W. Jefferson, 11th Floor 8 WOTKYNS LLP Phoenix, AZ 85003 2000 Powell Street, Suite 1400 Tel: (602)-753-4500 9 Emeryville, California 94608 Fax: (602)-428-7012 Tel: (415) 421-7100 Christine@burnsbarton.com 10 Fax: (415) 421-7105 David@burnsbarton.com jkonecky@schneiderwallace.com 11 npiller@schneiderwallace.com Attorneys for Defendant 12 Attorneys for Plaintiffs 13 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE DISTRICT OF ARIZONA 16 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 17 on behalf of all others similarly situated, 18 Plaintiffs, JOINT MOTION FOR ENTRY OF 19 vs. PROTECTIVE ORDER 20 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 21 ARIZONA, LLC, 22 Defendants. 23 Plaintiff Pamela Julian ("Plaintiff") and Defendant Swift Transportation, Inc. 24 ("Defendant") respectfully move for entry of the Proposed Protective Order, which is being filed 25 concurrently with this Joint Motion, limiting the use and disposition of certain information and 26 documents in this matter. Counsel for the parties have conferred and agree that the parties have, 27 will, or may be required to provide documentation, including in disclosure and discovery, that 28 Case 2:16-cv-00576-ROS Document 44 Filed 11/11/16 Page 2 of 2 1 contain privilege, personal, or otherwise confidential or proprietary information. As a result, 2 Plaintiff and Defendant have agreed that good cause exists for the entry of the Proposed 3 Protective Order and request that the Court enter it in this matter. 4 5 6 RESPECTFULLY SUBMITTED this 11th day of November, 2016. 7 8 9/s/Joshua Konecky (with permission) Joshua Konecky (CA SBN 182897) 10 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 11 12 Attorneys for Plaintiffs 13/s/David T. Barton David T. Barton #016848 14 C. Christine Burns #017108 BURNSBARTON LLP 15 16 Attorneys for Defendant 17 18 19 20 21 22 23 24 25 26 27 28-2-

Text of Proposed Order

Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 1 of 16 1 David T. Barton #016848 C. Christine Burns #017108 2 Alison Pulaski Carter #025699 BURNSBARTON LLP 3 45 West Jefferson, 11th Floor 4 Phoenix, AZ 85003 Main: 602.753.4500 5 david@burnsbarton.com Christine@burnsbarton.com 6 Attorneys for Defendant 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF ARIZONA 10 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 11 on behalf of all others similarly situated, 12 Plaintiffs, [PROPOSED] PROTECTIVE ORDER 13 vs. 14 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 15 ARIZONA, LLC, 16 Defendants. 17 The Court recognizes that many of the documents and much of the information 18 ("Materials" as defined herein) being sought through discovery in the above-captioned 19 action are, for competitive reasons, normally kept confidential by the parties. The 20 Materials to be exchanged throughout the course of the litigation between the parties may 21 contain proprietary, commercially valuable, competitively sensitive and/or private 22 information, trade secrets or other confidential research, development, or commercial 23 information, as is contemplated by Federal Rule of Civil Procedure 26(c)(1)(G). The 24 parties have agreed to be bound by the terms of this Protective Order ("Order") in this 25 action to facilitate the document production and disclosure, and protect the respective 26 interests of the parties in their trade secrets and/or confidential information. This Order 27 shall remain in effect unless modified pursuant to the terms contained in this Order. 28 Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 2 of 16 1 IT IS THEREFORE ORDERED THAT, the following Definitions shall apply in 2 this Order: 3 A. The term "Confidential Information" will mean and include information 4 contained or disclosed in any materials, including documents, portions of documents, 5 answers to interrogatories, responses to requests for admissions, other discovery 6 responses, affidavits, declarations, trial testimony, deposition testimony, transcripts of trial 7 testimony and depositions, including data, summaries, and compilations derived therefrom 8 that is deemed to be Confidential Information by any party to which it belongs, and any 9 other evidence or discovery as defined by the Fed. R. Civ. P. including but not limited to 10 Rule 26 through and including Rules 37 and 45. 11 B. The term "Materials" will include, but is not be limited to: documents, 12 correspondence, memoranda, financial information, emails, specification, marketing 13 plans, marketing budgets, customer information, materials that identify customers or 14 potential customers, price lists or schedules or other matter identifying pricing, minutes, 15 letters, statements, cancelled checks, contracts, invoices, drafts, books of accounts, 16 worksheets, forecasts, notes of conversations, desk diaries, appointment books, expense 17 accounts, recordings, photographs, motion pictures, sketches, drawing, notes of discussion 18 with third parties, other notes, business reports, instructions, disclosures, other writings, 19 records of website development, and internet archives. 20 C. The term "Counsel" will mean in-house counsel and outside counsel of 21 record for the parties hereto and their agents, paralegals, secretaries, and other support 22 staff employed. 23 D. The term " person" refers to all natural persons, corporations, 24 unincorporated associations, partnerships, joint ventures or other entities of any kind no 25 matter how identified or how organized and their 26 E. The term "legend" as used herein shall mean a large, bold stamp or similar 27 insignia stating either "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL 28-2-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 3 of 16 1 ONLY." When any document is designated "CONFIDENTIAL" or "CONFIDENTIAL – 2 FOR COUNSEL ONLY" pursuant to this Order, the legend shall be affixed to the cover 3 of such document. 4 The following provisions shall apply in this litigation: 5 1. Each party to this litigation that produces or discloses any Materials, 6 answers to interrogatories, responses to requests for admission, trial testimony, deposition 7 testimony, and transcripts of trial testimony and depositions, or information that the 8 producing party believes should be subject to this Protective Order may designate the 9 same as "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY." 10 a. Designations as "CONFIDENTIAL": Any party may designate 11 information as "CONFIDENTIAL" only if, in the good faith belief of 12 such party and its Counsel, the unrestricted disclosure of such 13 information could be harmful to the business or operations of such party. 14 b. Designation as "CONFIDENTIAL – FOR COUNSEL ONLY": Any 15 party may designate information at "CONFIDENTIAL – FOR 16 COUNSEL ONLY" only if in the good faith belief of such party and its 17 Counsel, the information is among that considered to be most sensitive 18 by the party, including but not limited to trade secret or other 19 confidential research, development, financial, customer related data, or 20 other commercial information. 21 A producing party may designate any Material or portion thereof "CONFIDENTIAL" or 22 "CONFIDENTIAL – FOR COUNSEL ONLY" pursuant to this Order by affixing the 23 legend as provided under Paragraph E to any appropriate Material. 24 2. In the event the producing party elects to produce Materials for inspection, 25 the producing party need not mark the Materials in advance of the initial inspection. For 26 purposes of the initial inspection, all Materials produced will be considered as 27 "CONFIDENTIAL – FOR COUNSEL ONLY," and must be treated as such pursuant to 28-3-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 4 of 16 1 the terms of this Order. Thereafter, upon section of specified Materials for copying by the 2 inspecting party, the producing party must, within a reasonable time prior to producing 3 those Materials to the inspecting party, mark the copies of those Materials that contain 4 Confidential Information with the appropriate confidentiality marking. 5 3. Whenever a deposition taken on behalf of any party involves the disclosure 6 of Confidential Information of any party: 7 a. The deposition or portions of the deposition must be designated as 8 containing Confidential Information subject to the provisions of this 9 Order; such designation must be made on the record whenever possible, 10 but a party may designate portions of depositions as containing 11 Confidential Information after transcription of the proceedings; a party 12 will have until thirty (30) days after receipt of the deposition transcript to 13 inform the other party or parties to the action of the portions of the 14 transcript to be designate "CONFIDENTIAL" or "CONFIDENTIAL – 15 FOR COUNSEL ONLY." 16 b. The disclosing party will have the right to exclude from attendance at the 17 deposition, during such time as the Confidential Information is to be 18 disclosed, any person other than the deponent, Counsel (including their 19 staff and associates), the court reporter, and any other person(s) agreed 20 upon by the parties or permitted by the Court; and 21 c. The originals of the deposition transcripts and all copies of the 22 deposition must bear the legend "CONFIDENTIAL" or 23 "CONFIDENTIAL – FOR COUNSEL ONLY," as appropriate, and the 24 original or any copy ultimately presented to a court for filing must not be 25 filed unless it can be accomplished under seal, identified as being subject 26 to this Order, and protected from being open except by order of this 27 Court. 28-4-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 5 of 16 1 4. All Confidential Information designated as "CONFIDENTIAL" or 2 "CONFIDENTIAL – FOR COUNSEL ONLY" must not be disclosed by the receiving 3 party to anyone other than those persons designated within this Order and must be handled 4 in the manner set forth below, and in any event, must not be used for any purpose other 5 than in connection with this litigation, unless and until such designation is removed either 6 by agreement of the parties, or by the order of the Court. 7 5. Information designated "CONFIDENTIAL – FOR COUNSEL ONLY" may 8 be viewed only by: 9 a. Counsel (as defined in paragraph C above) of the receiving party; 10 b. Independent experts and stenographic and clerical employees associated 11 with such experts who are employed or retained by, or on behalf of, one 12 or more of the parties or their Counsel in connection with this litigation. 13 Prior to receiving any Confidential Information of the producing party, 14 the expert must execute a copy of the "Agreement to Be Bound by 15 Stipulated Protective Order," attached hereto as Exhibit A. Counsel for 16 the receiving party must retain executed copies of such exhibits; 17 c. The Court and any Court staff and administrative personnel; 18 d. Any court reporter or other stenographic reporters or videographers 19 employed in this litigation and acting in that capacity; and 20 e. Any person indicated on the face of the document to be its author or co-21 author, or any person identified on the face of the document as one to 22 whom a copy of such document was sent before its production in this 23 action. 24 f. Outside vendors retained by Counsel to provide support services such as 25 translation, copying, scanning, imaging, processing or coding of 26 documents or preparation of demonstrative exhibits. 27 28-5-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 6 of 16 1 6. Information designated "CONFIDENTIAL" may be viewed only by the 2 individuals listed in paragraph 5, above, and by the additional individuals listed below: 3 a. Party principals or executives who are required to participate in policy 4 decisions with reference to this action; 5 b. Deponents and their counsel, who have a need to review this Material in 6 connection with their deposition testimony in this action; 7 c. Witnesses in this litigation who need to review this material in 8 connection with their testimony in this action; 9 d. Technical personnel of the parties with whom Counsel for the parties 10 find it necessary to consult, in the discretion of such Counsel, in 11 preparation for trial of this action; and 12 e. Stenographic and clerical employees associated with the individuals 13 identified above. 14 Prior to receiving any Confidential Information of the producing party, the persons listed 15 in subparagraphs (a) through (d) must execute a copy of the "Agreement to Be Bound by 16 Stipulated Protective Order," attached hereto as Exhibit A. Counsel for the receiving 17 party must retain executed copies of such exhibits. 18 7. All information that has been designated as "CONFIDENTIAL – FOR 19 COUNSEL ONLY" by the producing or disclosing party and any and all reproductions of 20 that information, must be retained in the custody of the Counsel for the receiving party, 21 except that independent experts authorized to view such information under the terms of 22 this Order may retain custody of copies such as are necessary for their participation in this 23 litigation, but only during the course of this litigation. The principals, employees or other 24 agents of the parties who received information prior to and apart from this litigation that 25 was subsequently disclosed in this litigation as being either "CONFIDENTIAL" or 26 "CONFIDENTIAL – FOR COUNSEL ONLY" may also retain copies of that information 27 as is necessary for use in their respective businesses. 28-6-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 7 of 16 1 8. Before any Materials produced in discovery, answers to interrogatories, 2 responses to requests for admissions, deposition transcripts, or other documents which are 3 designated as Confidential Information are filed with the Court for any purpose, the party 4 seeking to file such material must seek permission of the Court to file the material under 5 seal. Nothing in this order shall be construed as automatically permitting a party to file 6 under seal. The party seeking leave of the Court shall show "compelling reasons" (where 7 the motion is more than tangentially related to the merits of the case) or "good cause" for 8 filing under seal. See Ctr. For Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101 9 (9th Cir. 2016). Additionally, such party seeking to file under seal, shall within the 10 applicable deadline, file a redacted, unsealed version of any motion, response or reply if 11 such party is waiting for a ruling from the Court on filing an unredacted, sealed version of 12 the same document.1 13 9. Confidential Information and Materials designated "CONFIDENTIAL" or 14 "CONFIDENTIAL – FOR COUNSEL ONLY" shall be used solely for prosecution or 15 defense of this action. A party who wishes to use Confidential Information and/or 16 Materials designated "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL 17 ONLY" for a purpose other than the prosecution or defense of this action must 18 request permission, in writing, from Counsel for the producing party. The receiving 19 party’s request must identify the Confidential Information and/or Materials designated 20 1 If a party wishes to use the opposing party’s confidential designations to support or 21 oppose a motion, the opposing party bears the burden of making the "compelling reasons" showing. In the event the party wishes to use the confidential information anticipates this 22 scenario arising, the party shall initiate a discovery dispute conference call as soon as practical after anticipating the scenario. If the party initiates the discovery dispute 23 conference at least ten (10) days before the due date of the filing in which the party wishes to reference the information, then the opposing party shall have five (5) days to respond so 24 that the matter may be resolved before the filing. If the party making the filing does not initiate the discovery conference at least ten (10) days before the due date of the filing 25 and/or the dispute regarding the designation is not resolved before the filing, then the party making the filing shall file the redacted, unsealed version, along with a request that 26 that the Court permit filing the unredacted version (either under seal or not under seal) after the opposing party has an opportunity to demonstrate the compelling reasons or good 27 cause needed to file the documents under seal. Unless a different timeline is provided by the Court or Rule, the opposing party shall have ten (10) days from the filing to make this 28 showing.-7-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 8 of 16 1 "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY" that the receiving 2 party wishes to use, and identify the purpose for which it wishes to use 3 Confidential Information and/or Materials designated "CONFIDENTIAL" or 4 "CONFIDENTIAL – FOR COUNSEL ONLY." If the parties cannot resolve the question 5 of whether the receiving party can use Confidential Information and/or Materials 6 designated "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY" for a 7 purpose other than the prosecution or defense of this action within fourteen (14) days of 8 the producing party’s receipt of such a request, the receiving party may move the Court 9 for a ruling on the receiving party’s request. In the event any party files a motion seeking 10 to use Confidential Information and/or Materials designated "CONFIDENTIAL" or 11 "CONFIDENTIAL-FOR COUNSEL ONLY" for a purpose other than the prosecution or 12 defense of this action, the Confidential Information and/or Materials designated 13 "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY" shall be submitted 14 to the Court, under seal, for an in-camera inspection. Any Confidential Information 15 and/or Materials designated "CONFIDENTIAL" or "CONFIDENTIAL – FOR 16 COUNSEL ONLY" at issue must be treated as Confidential Information, as designated by 17 the producing party, until the Court has ruled on the motion or the matter has been 18 otherwise resolved. 19 10. At any stage of this proceeding, any party may object to a designation of 20 Materials as Confidential Information. The party objecting to confidentiality must notify 21 in writing, Counsel for the producing party of the objected-to Materials and the grounds 22 for the objection. If the dispute is not resolved consensually between the parties within 23 fourteen (14) days of receipt of such a notice of objections, the objecting party may move 24 the Court for a ruling on the objection. In the event any party files a motion challenging 25 the designation or redaction of information, the document shall be submitted to the Court 26 under seal, for an in-camera inspection. The Materials at issue must be treated as 27 Confidential Information, as designated by the producing party, until the Court has ruled 28-8-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 9 of 16 1 on the objections or the matter has been otherwise resolved. The burden of persuasion in 2 any proceeding to challenge the designation of any material as "CONFIDENTIAL" or 3 "CONFIDENTIAL – FOR COUNSEL ONLY", shall remain on the designating party. 4 11. At any stage of these proceedings, any party may request that it be permitted 5 to disclose Materials designated as Confidential Information to individuals not permitted 6 by this Order to view such Materials. The party must notify, in writing, Counsel for the 7 producing party of the identity of relevant Materials and the individuals to whom the party 8 wishes to disclose the Materials. If the request is not resolved consensually between the 9 parties within fourteen (14) days of receipt of such request, the requesting party may 10 move the Court for a ruling allowing such disclosure. In the event any party files a 11 motion requesting such disclosure, the document shall be submitted to the Court, under 12 seal, for an in-camera inspection. The Materials at issue must be treated as Confidential 13 Information as designated by the producing party, until the Court has ruled on the request. 14 12. All Confidential Information must be held in confidence by those inspecting 15 or receiving it. To the extent the Confidential Information has not been disclosed prior to 16 and apart from this litigation, it must be used only for purposes of this action. If the 17 Confidential Information was exchanged between the parties prior to and apart from this 18 litigation for purposes of conducting their respective business, the parties may continue to 19 use that otherwise Confidential Information for that purpose. The parties may not 20 distribute the Confidential Information beyond those persons or entities that had received 21 the Confidential Information prior to this litigation. In addition, counsel for each party, 22 and each person receiving Confidential Information, must take reasonable precautions to 23 prevent the unauthorized or inadvertent disclosure of such information. If Confidential 24 Information is disclosed to any person other than a person authorized by this Order, the 25 person responsible for the unauthorized disclosure must immediately bring all pertinent 26 facts relating to the unauthorized disclosure to the attention of the other party, and, 27 without prejudice to any rights and remedies of the other parties, make every effort to 28-9-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 10 of 16 1 prevent further disclosure by the party and by the person(s) receiving the unauthorized 2 disclosure. 3 13. No party will be responsible to another party for disclosure of Confidential 4 Information under this Order if the information in question is not labeled or otherwise 5 identified as such in accordance with this Order. 6 14. The inadvertent production of any Confidential Information or disclosure of 7 Materials in this case shall not be deemed a waiver or impairment of any claim of 8 confidentiality or privilege (including under the attorney-client privilege or work-product 9 doctrine) concerning any such Materials or the subject matter thereof. Furthermore, each 10 party reserves the right to re-designate as Confidential Information or privilege or exempt 11 any Material that the party inadvertently produces or has already produced. Inadvertently 12 disclosed privilege material must be immediately returned to producing party upon 13 request. 14 15. If a party, through inadvertence, produces any Confidential Information 15 without labeling or marking or otherwise designating it as such in accordance with this 16 Order, the producing party shall give written notice to the receiving party that the 17 Materials produced are deemed Confidential Information, and that the Materials produced 18 should be treated as such in accordance with that designation under this Order. The 19 producing party shall accompany the written notice with copies of the designated 20 Materials bearing the appropriate Legend. Any party receiving such notice and copies of 21 the designated Materials pursuant to this subparagraph shall return to the designating party 22 all undesignated copies of such Materials in its custody or possession or shall affix the 23 appropriate Legend to all copies of the designated documents in its custody or possession. 24 The receiving party must treat the Materials as confidential, once the producing party so 25 notifies the receiving party. If the receiving party has disclosed the Materials before 26 receiving the designation, the receiving party must (i) notify the producing party in 27 writing of each such disclosure and (ii) take reasonable steps to notify any person(s) 28-10-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 11 of 16 1 known to have possession of such designated Materials of the effect of such designation 2 under this Order. 3 16. Nothing within this Order will prejudice the right of any party to object to 4 the production of any discovery material on the grounds that the material is protected as 5 privileged or as attorney work product. 6 17. Nothing in this Order will bar Counsel from rending advice to their clients 7 with respect to this litigation and, in the course thereof, relying upon any information 8 designated as Confidential Information, provided that the content of the information must 9 not be disclosed. 10 18. This Order will be without prejudice to the right of any party to oppose 11 production of any information for lack of relevance or any other ground other than the 12 mere presence of Confidential Information. The existence of this Order must not be used 13 by either party as a basis for discovery that is otherwise improper under the Federal Rules 14 of Civil Procedure. 15 19. Information designated Confidential pursuant to this Order also may be 16 disclosed if (a) the party or non-party making the designation consents to such disclosure; 17 (b) the Court, after notice to all affected persons, allows such disclosure; or (c) the party to 18 whom Confidential Information has been produced thereafter becomes obligated to 19 disclose the information in response to a lawful subpoena, provided that the subpoenaed 20 party gives prompt notice to Counsel for the party which made the designation, and 21 permits Counsel for that party sufficient time to intervene and seek judicial protection 22 from the enforcement of this subpoena and/or an appropriate protective order in the action 23 in which the subpoena was issued. 24 20. Nothing in this Confidentiality Order shall limit any producing party’s use 25 of its documents or shall prevent any producing party from disclosing its own 26 Confidential Information to any person. Such disclosures shall not affect any confidential 27 designation made pursuant to the terms of this Order so long as the disclosure is made in a 28-11-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 12 of 16 1 manner which is reasonably calculated to maintain the confidentiality of the information. 2 Nothing in this Order shall prevent or otherwise restrict Counsel from rendering advice to 3 their clients, in the course thereof, relying on examination of stamped confidential 4 information. 5 21. Within thirty (30) days of the final termination of this action, including any 6 and all appeals, Counsel for each party must purge all Confidential Information from all 7 machine-readable media on which it resides and must either (a) return all Confidential 8 Information to the party that produced the information, including any copies, excerpts, 9 and summaries of that information, or (b) destroy same. With respect to paper copies, 10 return or destruction of Confidential Information is at the option of the producing party. 11 Notwithstanding the foregoing, Counsel for each party may retain all pleadings, briefs, 12 memoranda, motions and other documents filed with the Court that refer to or incorporate 13 Confidential Information, and will continue to be bound by this Order with respect to all 14 such retained information, after the conclusion of this litigation. Further, attorney work 15 product Materials that contain Confidential Information need not be destroyed, but, if they 16 are destroyed, the person in possession of the attorney work product will continue to be 17 bound by this Order with respect to all such retained information, after the conclusion of 18 this litigation. 19 22. The restrictions and obligations set forth within this Order will not apply 20 any information that: (a) the parties agree should not be designated Confidential 21 Information; (b) the parties agree, or the Court rules, is already public knowledge; or (c) 22 the parties agree, or the Court rules, has become public knowledge other than as a result of 23 disclosure by the receiving party, its employees, or its agents in violation of this Order. 24 23. Any party may designate as "CONFIDENTIAL" OR "CONFIDENTIAL – 25 FOR COUNSEL ONLY" any Materials that were produced during the course of this 26 action without such designation before the effective date of this Order, as follows: 27 28-12-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 13 of 16 1 a. Parties to this action may designate such Materials by sending written 2 notice of such designations, accompanied by copies of the designated 3 Materials bearing the appropriate legend of "CONFIDENTAL" or 4 "CONFIDENTIAL – FOR COUNSEL ONLY" to all other parties in 5 possessions or custody of such previously undesignated Materials. Any 6 party receiving such notice and copies of designated Materials pursuant 7 to this subparagraph shall return to the producing party all undesignated 8 copies of such Materials in its custody or possession, or shall affix the 9 appropriate legend to all copies of the designated Materials in its custody 10 or possession. 11 b. Upon notice of designation pursuant to this paragraph, parties shall also: 12 (i) make no disclosure of such designated Materials or information 13 contained therein except as allowed under this Order and (iii) take 14 reasonable steps to notify any persons known to have possession of such 15 designated Materials or information of the effect of such designation 16 under this Order. 17 c. All such designations must be made within thirty (30) days of the date of 18 the Order. 19 24. Transmission by email or facsimile is acceptable for all notification 20 purposes within this Order. 21 25. This Order may be modified by agreement of the parties, subject to approval 22 by the Court. 23 26. The Court may modify the terms and conditions of this Order for good 24 cause, or in the interest of justice, or on its own order at any time in these proceedings. 25 27. After termination of this action, the provisions of this Order shall continue 26 to be binding, except with respect to those documents and information that became a 27 matter of public record. This court retains and shall have continuous jurisdiction over the 28-13-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 14 of 16 1 parties and recipients of Confidential Information and Materials designated as confidential 2 for enforcement of the provisions of this Order following termination of this litigation. 3 DATED this 11th day of November, 2016. 4 5 6 By Hon. Roslyn O. Silver 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-14-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 15 of 16 1 EXHIBIT A 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 9 on behalf of all others similarly situated, 10 Plaintiffs, AGREEMENT TO BE BOUND BY 11 vs. STIPULATED PROTECTIVE ORDER 12 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 13 ARIZONA, LLC, 14 Defendants. 15 16 I, ________________________________________, declare and say that: 17 1. I am employed as ______________________________________________ 18 by _________________________________________________. 19 2. I have received a copy of the Stipulated Protective Order (the "Order") 20 entered in Julian et al v. Swift Transportation, Inc. et al, 2:16-vc-00576-ROS pending in 21 the United States District Court, District of Arizona; I have read the Order and am familiar 22 with its terms. 23 3. I promise that I will use any and all "Confidential" or "Confidential – For 24 Counsel Only" information as defined in the Order, given to me only in a manner 25 authorized by the Order, and only to assist Counsel in the litigation of this matter. 26 27 28-15-Case 2:16-cv-00576-ROS Document 44-1 Filed 11/11/16 Page 16 of 16 1 4. I promise that I will not disclose or discuss such "Confidential" or 2 "Confidential – For Counsel Only" information with anyone other than the person 3 permitted pursuant to the terms of the Order. 4 5. I acknowledge that, by signing this agreement, I am subjecting myself to the 5 jurisdiction of the United States District Court for the District of Arizona with respect to 6 the enforcement of the Order. 7 6. I understand that any disclosure or use of "Confidential" or "Confidential – 8 For Counsel Only" information in any manner contrary to the provisions of the Protective 9 Order may subject me to sanctions for contempt of court. 10 7. I will return all "Confidential" or "Confidential – For Counsel Only" 11 Materials (as defined in the Order) to the attorney who provided it to me, upon request 12 that attorney, and I shall not retain any copies of said Materials or any information 13 contained within "Confidential" or "Confidential – For Counsel Only" Materials. 14 I declare under penalty of perjury that the foregoing is true and correct. 15 16 Date:________________________ ___________________________ 17 Signature 18 19 20 21 22 23 24 25 26 27 28-16-

NOTICE of Service of Discovery filed by Swift Transportation Company of Arizona LLC.

Case 2:16-cv-00576-ROS Document 45 Filed 11/15/16 Page 1 of 2 1 David T. Barton #016848 C. Christine Burns #017108 2 Alison Pulaski Carter #025699 BURNSBARTON LLP 3 45 West Jefferson, 11th Floor 4 Phoenix, AZ 85003 Main: 602.753.4500 5 david@burnsbarton.com christine@burnsbarton.com 6 Attorneys for Defendant 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF ARIZONA 10 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 11 on behalf of all others similarly situated, 12 Plaintiffs, DEFENDANT’S NOTICE OF 13 vs. SERVICE 14 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 15 ARIZONA, LLC, 16 Defendants. 17 18 Notice is hereby given that Defendant Swift Transportation Co. of Arizona, LLC 19 ("Swift" or "Defendant")1, served their First Supplemental Response to Plaintiff’s First 20 Set of Requests for Production on counsel for Plaintiffs via electronic mail on November 21 12, 2016. 22 RESPECTFULLY SUBMITTED this 15th day of November, 2016. 23 BURNSBARTON LLP 24 25 By/s/Alison Pulaski Carter 26 David T. Barton C. Christine Burns 27 Alison Pulaski Carter 28 1 Swift is unaware of any legal entity such as the entity identified in the Complaint as "Swift Transportation, Inc." Case 2:16-cv-00576-ROS Document 45 Filed 11/15/16 Page 2 of 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 15, 2016, I electronically transmitted the 3 foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 Joshua Konecky (CA SBN 182897) 5 Nathan Piller (CA SBN 300569) 6 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 7 2000 Powell Street, Suite 1400 Emeryville, California 94608 8 Tel: (415) 421-7100 9 Fax: (415) 421-7105 Email: jkonecky@schneiderwallace.com 10 Email: npiller@schneiderwallace.com Attorneys for Plaintiffs 11 12/s/Carolyn Galbreath 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-2-

PROTECTIVE ORDER granting {{44}} Motion for Protective Order. (See document for further details). Signed by Senior Judge Roslyn O Silver on 11/15/16.

Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 1 of 14 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Pamela Julian, on her own behalf, and on No. CV-16-0576-PHX-ROS behalf of all others similarly situated, 10 Plaintiffs, 11 PROTECTIVE ORDER vs. 12 Swift Transportation, Inc., et al., 13 Defendants. 14 15 Pursuant to the Parties’ joint motion, and good cause appearing, 16 IT IS ORDERED the Joint Motion for Protective Order (Doc. 44) is GRANTED as set 17 forth below. 18 The following Definitions shall apply in this Order: 19 A. The term "Confidential Information" will mean and include information 20 contained or disclosed in any materials, including documents, portions of documents, 21 answers to interrogatories, responses to requests for admissions, other discovery 22 responses, affidavits, declarations, trial testimony, deposition testimony, transcripts of trial 23 testimony and depositions, including data, summaries, and compilations derived therefrom 24 that is deemed to be Confidential Information by any party to which it belongs, and any 25 other evidence or discovery as defined by the Fed. R. Civ. P. including but not limited to 26 Rule 26 through and including Rules 37 and 45. 27 B. The term "Materials" will include, but is not limited to: documents, 28 correspondence, memoranda, financial information, emails, specification, marketing Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 2 of 14 1 plans, marketing budgets, customer information, materials that identify customers or 2 potential customers, price lists or schedules or other matter identifying pricing, minutes, 3 letters, statements, cancelled checks, contracts, invoices, drafts, books of accounts, 4 worksheets, forecasts, notes of conversations, desk diaries, appointment books, expense 5 accounts, recordings, photographs, motion pictures, sketches, drawing, notes of discussion 6 with third parties, other notes, business reports, instructions, disclosures, other writings, 7 records of website development, and internet archives. 8 C. The term "Counsel" will mean in-house counsel and outside counsel of 9 record for the parties hereto and their agents, paralegals, secretaries, and other support 10 staff employed. 11 D. The term " person" refers to all natural persons, corporations, 12 unincorporated associations, partnerships, joint ventures or other entities of any kind no 13 matter how identified or how organized and their 14 E. The term "legend" as used herein shall mean a large, bold stamp or similar 15 insignia stating either "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL 16 ONLY." When any document is designated "CONFIDENTIAL" or "CONFIDENTIAL – 17 FOR COUNSEL ONLY" pursuant to this Order, the legend shall be affixed to the cover 18 of such document. 19 The following provisions shall apply in this litigation: 20 1. Each party to this litigation that produces or discloses any Materials, 21 answers to interrogatories, responses to requests for admission, trial testimony, deposition 22 testimony, and transcripts of trial testimony and depositions, or information that the 23 producing party believes should be subject to this Protective Order may designate the 24 same as "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY." 25 a. Designations as "CONFIDENTIAL": Any party may designate 26 information as "CONFIDENTIAL" only if, in the good faith belief of 27 28-2-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 3 of 14 1 such party and its Counsel, the unrestricted disclosure of such 2 information could be harmful to the business or operations of such party. 3 b. Designation as "CONFIDENTIAL – FOR COUNSEL ONLY": Any 4 party may designate information at "CONFIDENTIAL – FOR 5 COUNSEL ONLY" only if in the good faith belief of such party and its 6 Counsel, the information is among that considered to be most sensitive 7 by the party, including but not limited to trade secret or other 8 confidential research, development, financial, customer related data, or 9 other commercial information. 10 A producing party may designate any Material or portion thereof "CONFIDENTIAL" or 11 "CONFIDENTIAL – FOR COUNSEL ONLY" pursuant to this Order by affixing the 12 legend as provided under Paragraph E to any appropriate Material. 13 2. Whenever a deposition taken on behalf of any party involves the disclosure 14 of Confidential Information of any party: 15 a. The deposition or portions of the deposition must be designated as 16 containing Confidential Information subject to the provisions of this 17 Order; such designation must be made on the record whenever possible, 18 but a party may designate portions of depositions as containing 19 Confidential Information after transcription of the proceedings; a party 20 will have until thirty (30) days after receipt of the deposition transcript to 21 inform the other party or parties to the action of the portions of the 22 transcript to be designate "CONFIDENTIAL" or "CONFIDENTIAL – 23 FOR COUNSEL ONLY." 24 b. The disclosing party will have the right to exclude from attendance at the 25 deposition, during such time as the Confidential Information is to be 26 disclosed, any person other than the deponent, Counsel (including their 27 28-3-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 4 of 14 1 staff and associates), the court reporter, and any other person(s) agreed 2 upon by the parties or permitted by the Court; and 3 c. The originals of the deposition transcripts and all copies of the 4 deposition must bear the legend "CONFIDENTIAL" or 5 "CONFIDENTIAL – FOR COUNSEL ONLY," as appropriate, and the 6 original or any copy ultimately presented to a court for filing must not be 7 filed unless it can be accomplished under seal, identified as being subject 8 to this Order, and protected from being open except by order of this 9 Court. 10 3. All Confidential Information designated as "CONFIDENTIAL" or 11 "CONFIDENTIAL – FOR COUNSEL ONLY" must not be disclosed by the receiving 12 party to anyone other than those persons designated within this Order and must be handled 13 in the manner set forth below, and in any event, must not be used for any purpose other 14 than in connection with this litigation, unless and until such designation is removed either 15 by agreement of the parties, or by the order of the Court. 16 4. Information designated "CONFIDENTIAL – FOR COUNSEL ONLY" may 17 be viewed only by: 18 a. Counsel (as defined in paragraph C above) of the receiving party; 19 b. Independent experts and stenographic and clerical employees associated 20 with such experts who are employed or retained by, or on behalf of, one 21 or more of the parties or their Counsel in connection with this litigation. 22 Prior to receiving any Confidential Information of the producing party, 23 the expert must execute a copy of the "Agreement to Be Bound by 24 Stipulated Protective Order," attached hereto as Exhibit A. Counsel for 25 the receiving party must retain executed copies of such exhibits; 26 c. The Court and any Court staff and administrative personnel; 27 28-4-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 5 of 14 1 d. Any court reporter or other stenographic reporters or videographers 2 employed in this litigation and acting in that capacity; 3 e. Any person indicated on the face of the document to be its author or co-4 author, or any person identified on the face of the document as one to 5 whom a copy of such document was sent before its production in this 6 action; and 7 f. Outside vendors retained by Counsel to provide support services such as 8 translation, copying, scanning, imaging, processing or coding of 9 documents or preparation of demonstrative exhibits. 10 5. Information designated "CONFIDENTIAL" may be viewed only by the 11 individuals listed in paragraph 4, above, and by the additional individuals listed below: 12 a. Party principals or executives who are required to participate in policy 13 decisions with reference to this action; 14 b. Deponents and their counsel, who have a need to review this Material in 15 connection with their deposition testimony in this action; 16 c. Witnesses in this litigation who need to review this material in 17 connection with their testimony in this action; 18 d. Technical personnel of the parties with whom Counsel for the parties 19 find it necessary to consult, in the discretion of such Counsel, in 20 preparation for trial of this action; and 21 e. Stenographic and clerical employees associated with the individuals 22 identified above. 23 Prior to receiving any Confidential Information of the producing party, the persons listed 24 in subparagraphs (a) through (d) must execute a copy of the "Agreement to Be Bound by 25 Stipulated Protective Order," attached hereto as Exhibit A. Counsel for the receiving 26 party must retain executed copies of such exhibits. 27 28-5-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 6 of 14 1 6. All information that has been designated as "CONFIDENTIAL – FOR 2 COUNSEL ONLY" by the producing or disclosing party and any and all reproductions of 3 that information, must be retained in the custody of the Counsel for the receiving party, 4 except that independent experts authorized to view such information under the terms of 5 this Order may retain custody of copies such as are necessary for their participation in this 6 litigation, but only during the course of this litigation. The principals, employees, or other 7 agents of the parties who received information prior to and apart from this litigation that 8 was subsequently disclosed in this litigation as being either "CONFIDENTIAL" or 9 "CONFIDENTIAL – FOR COUNSEL ONLY" may also retain copies of that information 10 as is necessary for use in their respective businesses. 11 7. Before any Materials produced in discovery, answers to interrogatories, 12 responses to requests for admissions, deposition transcripts, or other documents which are 13 designated as Confidential Information are filed with the Court for any purpose, the party 14 seeking to file such material must seek permission of the Court to file the material under 15 seal. Such party seeking to file under seal, shall within the applicable deadline, file a 16 redacted, unsealed version of any motion, response or reply if such party is waiting for a 17 ruling from the Court on filing an unredacted, sealed version of the same document.1 18 8. Confidential Information and Materials designated "CONFIDENTIAL" or 19 "CONFIDENTIAL – FOR COUNSEL ONLY" shall be used solely for prosecution or 20 defense of this action. A party who wishes to use Confidential Information and/or 21 Materials designated "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL 22 ONLY" for a purpose other than the prosecution or defense of this action must 23 request permission, in writing, from Counsel for the producing party. The receiving 24 party’s request must identify the Confidential Information and/or Materials designated 25 26 1 If a party wishes to use the opposing party’s confidential designations to support or oppose a motion, the opposing party bears the burden of making the "compelling reasons" 27 showing. In the event the party wishing to use the confidential information anticipates this scenario arising, the party shall comply with the Court’s discovery dispute 28 procedures.-6-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 7 of 14 1 "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY" that the receiving 2 party wishes to use, and identify the purpose for which it wishes to use 3 Confidential Information and/or Materials designated "CONFIDENTIAL" or 4 "CONFIDENTIAL – FOR COUNSEL ONLY." If the parties cannot resolve the question 5 of whether the receiving party can use Confidential Information and/or Materials 6 designated "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY" for a 7 purpose other than the prosecution or defense of this action within fourteen (14) days of 8 the producing party’s receipt of such a request, the parties shall comply with the Court’s 9 discovery dispute procedures. In the event any party files a motion seeking to use 10 Confidential Information and/or Materials designated "CONFIDENTIAL" or 11 "CONFIDENTIAL-FOR COUNSEL ONLY" for a purpose other than the prosecution or 12 defense of this action, the Confidential Information and/or Materials designated 13 "CONFIDENTIAL" or "CONFIDENTIAL – FOR COUNSEL ONLY" shall be submitted 14 to the Court, under seal, for an in-camera inspection. Any Confidential Information 15 and/or Materials designated "CONFIDENTIAL" or "CONFIDENTIAL – FOR 16 COUNSEL ONLY" at issue must be treated as Confidential Information, as designated by 17 the producing party, until the Court has ruled on the motion or the matter has been 18 otherwise resolved. 19 9. At any stage of this proceeding, any party may object to a designation of 20 Materials as Confidential Information. The party objecting to confidentiality must notify 21 in writing, Counsel for the producing party of the objected-to Materials and the grounds 22 for the objection. If the dispute is not resolved consensually between the parties within 23 fourteen (14) days of receipt of such a notice of objections, the parties shall comply with 24 the Court’s discovery dispute procedures. 25 10. At any stage of these proceedings, any party may request that it be permitted 26 to disclose Materials designated as Confidential Information to individuals not permitted 27 by this Order to view such Materials. The party must notify, in writing, Counsel for the 28-7-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 8 of 14 1 producing party of the identity of relevant Materials and the individuals to whom the party 2 wishes to disclose the Materials. If the request is not resolved consensually between the 3 parties within fourteen (14) days of receipt of such request, the parties shall comply with 4 the Court’s discovery dispute procedures. 5 11. All Confidential Information must be held in confidence by those inspecting 6 or receiving it. To the extent the Confidential Information has not been disclosed prior to 7 and apart from this litigation, it must be used only for purposes of this action. If the 8 Confidential Information was exchanged between the parties prior to and apart from this 9 litigation for purposes of conducting their respective business, the parties may continue to 10 use that otherwise Confidential Information for that purpose. The parties may not 11 distribute the Confidential Information beyond those persons or entities that had received 12 the Confidential Information prior to this litigation. In addition, counsel for each party, 13 and each person receiving Confidential Information, must take reasonable precautions to 14 prevent the unauthorized or inadvertent disclosure of such information. If Confidential 15 Information is disclosed to any person other than a person authorized by this Order, the 16 person responsible for the unauthorized disclosure must immediately bring all pertinent 17 facts relating to the unauthorized disclosure to the attention of the other party, and, 18 without prejudice to any rights and remedies of the other parties, make every effort to 19 prevent further disclosure by the party and by the person(s) receiving the unauthorized 20 disclosure. 21 12. No party will be responsible to another party for disclosure of Confidential 22 Information under this Order if the information in question is not labeled or otherwise 23 identified as such in accordance with this Order. 24 13. The inadvertent production of any Confidential Information or disclosure of 25 Materials in this case shall not be deemed a waiver or impairment of any claim of 26 confidentiality or privilege (including under the attorney-client privilege or work-product 27 doctrine) concerning any such Materials or the subject matter thereof. Furthermore, each 28-8-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 9 of 14 1 party reserves the right to re-designate as Confidential Information or privilege or exempt 2 any Material that the party inadvertently produces or has already produced. Inadvertently 3 disclosed privilege material must be immediately returned to producing party upon 4 request. 5 14. If a party, through inadvertence, produces any Confidential Information 6 without labeling or marking or otherwise designating it as such in accordance with this 7 Order, the producing party shall give written notice to the receiving party that the 8 Materials produced are deemed Confidential Information, and that the Materials produced 9 should be treated as such in accordance with that designation under this Order. The 10 producing party shall accompany the written notice with copies of the designated 11 Materials bearing the appropriate Legend. Any party receiving such notice and copies of 12 the designated Materials pursuant to this subparagraph shall return to the designating party 13 all undesignated copies of such Materials in its custody or possession or shall affix the 14 appropriate Legend to all copies of the designated documents in its custody or possession. 15 The receiving party must treat the Materials as confidential, once the producing party so 16 notifies the receiving party. If the receiving party has disclosed the Materials before 17 receiving the designation, the receiving party must (i) notify the producing party in 18 writing of each such disclosure and (ii) take reasonable steps to notify any person(s) 19 known to have possession of such designated Materials of the effect of such designation 20 under this Order. 21 15. Information designated Confidential pursuant to this Order also may be 22 disclosed if (a) the party or non-party making the designation consents to such disclosure; 23 (b) the Court, after notice to all affected persons, allows such disclosure; or (c) the party to 24 whom Confidential Information has been produced thereafter becomes obligated to 25 disclose the information in response to a lawful subpoena, provided that the subpoenaed 26 party gives prompt notice to Counsel for the party which made the designation, and 27 permits Counsel for that party sufficient time to intervene and seek judicial protection 28-9-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 10 of 14 1 from the enforcement of this subpoena and/or an appropriate protective order in the action 2 in which the subpoena was issued. 3 16. Nothing in this Confidentiality Order shall limit any producing party’s use 4 of its documents or shall prevent any producing party from disclosing its own 5 Confidential Information to any person. Such disclosures shall not affect any confidential 6 designation made pursuant to the terms of this Order so long as the disclosure is made in a 7 manner which is reasonably calculated to maintain the confidentiality of the information. 8 Nothing in this Order shall prevent or otherwise restrict Counsel from rendering advice to 9 their clients, in the course thereof, relying on examination of stamped confidential 10 information. 11 17. Within thirty (30) days of the final termination of this action, including any 12 and all appeals, Counsel for each party must purge all Confidential Information from all 13 machine-readable media on which it resides and must either (a) return all Confidential 14 Information to the party that produced the information, including any copies, excerpts, 15 and summaries of that information, or (b) destroy same. With respect to paper copies, 16 return or destruction of Confidential Information is at the option of the producing party. 17 Notwithstanding the foregoing, Counsel for each party may retain all pleadings, briefs, 18 memoranda, motions and other documents filed with the Court that refer to or incorporate 19 Confidential Information, and will continue to be bound by this Order with respect to all 20 such retained information, after the conclusion of this litigation. Further, attorney work 21 product Materials that contain Confidential Information need not be destroyed. 22 18. The restrictions and obligations set forth within this Order will not apply to 23 any information that: (a) the parties agree should not be designated Confidential 24 Information; (b) the parties agree, or the Court rules, is already public knowledge; or (c) 25 the parties agree, or the Court rules, has become public knowledge other than as a result of 26 disclosure by the receiving party, its employees, or its agents in violation of this Order. 27 28-10-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 11 of 14 1 19. Any party may designate as "CONFIDENTIAL" OR "CONFIDENTIAL – 2 FOR COUNSEL ONLY" any Materials that were produced during the course of this 3 action without such designation before the effective date of this Order, as follows: 4 a. Parties to this action may designate such Materials by sending written 5 notice of such designations, accompanied by copies of the designated 6 Materials bearing the appropriate legend of "CONFIDENTAL" or 7 "CONFIDENTIAL – FOR COUNSEL ONLY" to all other parties in 8 possessions or custody of such previously undesignated Materials. Any 9 party receiving such notice and copies of designated Materials pursuant 10 to this subparagraph shall return to the producing party all undesignated 11 copies of such Materials in its custody or possession, or shall affix the 12 appropriate legend to all copies of the designated Materials in its custody 13 or possession. 14 b. Upon notice of designation pursuant to this paragraph, parties shall also: 15 (i) make no disclosure of such designated Materials or information 16 contained therein except as allowed under this Order and (iii) take 17 reasonable steps to notify any persons known to have possession of such 18 designated Materials or information of the effect of such designation 19 under this Order. 20 c. All such designations must be made within thirty (30) days of the date of 21 the Order. 22 20. Transmission by email or facsimile is acceptable for all notification 23 purposes within this Order. 24 21. This Order may be modified by agreement of the parties, subject to approval 25 by the Court. 26 22. The Court may modify the terms and conditions of this Order for good 27 cause, or in the interest of justice, or on its own order at any time in these proceedings. 28-11-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 12 of 14 1 23. After termination of this action, the provisions of this Order shall continue 2 to be binding, except with respect to those documents and information that became a 3 matter of public record. This court retains and shall have continuous jurisdiction over the 4 parties and recipients of Confidential Information and Materials designated as confidential 5 for enforcement of the provisions of this Order following termination of this litigation. 6 Dated this 15th day of November, 2016. 7 8 9 10 Honorable Roslyn O. Silver Senior United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-12-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 13 of 14 1 EXHIBIT A 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF ARIZONA 7 8 Pamela Julian, on her own behalf, and on No. CV-16-576-PHX-ROS 9 behalf of all others similarly situated, 10 Plaintiffs, AGREEMENT TO BE BOUND BY 11 vs. STIPULATED PROTECTIVE ORDER 12 Swift Transportation, Inc., et al, 13 Defendants. 14 15 I, ________________________________________, declare and say that: 16 1. I am employed as ______________________________________________ 17 by _________________________________________________. 18 2. I have received a copy of the Stipulated Protective Order (the "Order") 19 entered in Julian et al v. Swift Transportation, Inc. et al, CV-16-0576-PHX-ROS pending 20 in the United States District Court, District of Arizona; I have read the Order and am 21 familiar with its terms. 22 3. I promise that I will use any and all "Confidential" or "Confidential – For 23 Counsel Only" information as defined in the Order, given to me only in a manner 24 authorized by the Order, and only to assist Counsel in the litigation of this matter. 25 4. I promise that I will not disclose or discuss such "Confidential" or 26 "Confidential – For Counsel Only" information with anyone other than the person 27 permitted pursuant to the terms of the Order. 28-13-Case 2:16-cv-00576-ROS Document 46 Filed 11/15/16 Page 14 of 14 1 5. I acknowledge that, by signing this agreement, I am subjecting myself to the 2 jurisdiction of the United States District Court for the District of Arizona with respect to 3 the enforcement of the Order. 4 6. I understand that any disclosure or use of "Confidential" or "Confidential – 5 For Counsel Only" information in any manner contrary to the provisions of the Protective 6 Order may subject me to sanctions for contempt of court. 7 7. I will return all "Confidential" or "Confidential – For Counsel Only" 8 Materials (as defined in the Order) to the attorney who provided it to me, upon request 9 that attorney, and I shall not retain any copies of said Materials or any information 10 contained within "Confidential" or "Confidential – For Counsel Only" Materials. 11 I declare under penalty of perjury that the foregoing is true and correct. 12 13 Date:________________________ ___________________________ 14 Signature 15 16 17 18 19 20 21 22 23 24 25 26 27 28-14-

NOTICE re: Filing of Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 47 Filed 11/15/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 47 Filed 11/15/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 7. Mary Ausbon 7 8 Dated: November 15, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1 Case 2:16-cv-00576-ROS Document 47 Filed 11/15/16 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 15, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS

NOTICE of Service of Discovery filed by Swift Transportation Company of Arizona LLC.

Case 2:16-cv-00576-ROS Document 48 Filed 11/16/16 Page 1 of 2 1 David T. Barton #016848 C. Christine Burns #017108 2 Alison Pulaski Carter #025699 BURNSBARTON LLP 3 45 West Jefferson, 11th Floor 4 Phoenix, AZ 85003 Main: 602.753.4500 5 david@burnsbarton.com christine@burnsbarton.com 6 Attorneys for Defendant 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF ARIZONA 10 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 11 on behalf of all others similarly situated, 12 Plaintiffs, DEFENDANT’S NOTICE OF 13 vs. SERVICE 14 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 15 ARIZONA, LLC, 16 Defendants. 17 18 Notice is hereby given that Defendant Swift Transportation Co. of Arizona, LLC 19 ("Swift" or "Defendant")1, served their Second Supplemental Response to Plaintiff’s First 20 Set of Requests for Production on counsel for Plaintiffs via electronic mail on November 21 15, 2016. 22 RESPECTFULLY SUBMITTED this 16th day of November, 2016. 23 BURNSBARTON LLP 24 25 By/s/Alison Pulaski Carter 26 David T. Barton C. Christine Burns 27 Alison Pulaski Carter 28 1 Swift is unaware of any legal entity such as the entity identified in the Complaint as "Swift Transportation, Inc." Case 2:16-cv-00576-ROS Document 48 Filed 11/16/16 Page 2 of 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 16, 2016, I electronically transmitted the 3 foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 Joshua Konecky (CA SBN 182897) 5 Nathan Piller (CA SBN 300569) 6 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 7 2000 Powell Street, Suite 1400 Emeryville, California 94608 8 Tel: (415) 421-7100 9 Fax: (415) 421-7105 Email: jkonecky@schneiderwallace.com 10 Email: npiller@schneiderwallace.com Attorneys for Plaintiffs 11 12/s/Carolyn Galbreath 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-2-

NOTICE of Service of Discovery filed by Swift Transportation Company of Arizona LLC.

Case 2:16-cv-00576-ROS Document 49 Filed 11/16/16 Page 1 of 2 1 David T. Barton #016848 C. Christine Burns #017108 2 Alison Pulaski Carter #025699 BURNSBARTON LLP 3 45 West Jefferson, 11th Floor 4 Phoenix, AZ 85003 Main: 602.753.4500 5 david@burnsbarton.com christine@burnsbarton.com 6 Attorneys for Defendant 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF ARIZONA 10 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 11 on behalf of all others similarly situated, 12 Plaintiffs, DEFENDANT’S NOTICE OF 13 vs. SERVICE 14 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 15 ARIZONA, LLC, 16 Defendants. 17 18 Notice is hereby given that Defendant Swift Transportation Co. of Arizona, LLC 19 ("Swift" or "Defendant")1, served their Third Supplemental Response to Plaintiff’s First 20 Set of Requests for Production on counsel for Plaintiffs via electronic mail on November 21 16, 2016. 22 RESPECTFULLY SUBMITTED this 16th day of November, 2016. 23 BURNSBARTON LLP 24 25 By/s/Alison Pulaski Carter 26 David T. Barton C. Christine Burns 27 Alison Pulaski Carter 28 1 Swift is unaware of any legal entity such as the entity identified in the Complaint as "Swift Transportation, Inc." Case 2:16-cv-00576-ROS Document 49 Filed 11/16/16 Page 2 of 2 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 16, 2016, I electronically transmitted the 3 foregoing document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: 4 Joshua Konecky (CA SBN 182897) 5 Nathan Piller (CA SBN 300569) 6 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 7 2000 Powell Street, Suite 1400 Emeryville, California 94608 8 Tel: (415) 421-7100 9 Fax: (415) 421-7105 Email: jkonecky@schneiderwallace.com 10 Email: npiller@schneiderwallace.com Attorneys for Plaintiffs 11 12/s/Carolyn Galbreath 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28-2-

NOTICE re: Filing Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 50 Filed 11/22/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 50 Filed 11/22/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 CONSENT TO JOIN COLLECTIVE ACTION: 5 7. Christopher D. Hoskins 6 7 Dated: November 22, 2016 Respectfully Submitted, 8 9 By:/s/Joshua Konecky 10 Joshua Konecky SCHNEIDER WALLACE 11 COTTRELL KONECKY WOTKYNS LLP 12 2000 Powell Street, Suite 1400 Emeryville, California 94608 13 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 14 jkonecky@schneiderwallace.com 15 Attorney for Plaintiffs 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1 Case 2:16-cv-00576-ROS Document 50 Filed 11/22/16 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 22, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS

NOTICE re: Filing Consents to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 51 Filed 11/29/16 Page 1 of 3 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENTS TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENTS TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 51 Filed 11/29/16 Page 2 of 3 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consents to Join Collective Action in the above cited action, submitted herewith as Exhibit 1 3 and Exhibit 2, pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 CONSENTS TO JOIN COLLECTIVE ACTION: 5 8. Robyn Ann Lane 6 9. Michael Simpson 7 8 9 Dated: November 29, 2016 Respectfully Submitted, 10 11 By:/s/Joshua Konecky 12 Joshua Konecky SCHNEIDER WALLACE 13 COTTRELL KONECKY WOTKYNS LLP 14 2000 Powell Street, Suite 1400 Emeryville, California 94608 15 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 16 jkonecky@schneiderwallace.com 17 Attorney for Plaintiffs 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENTS TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 51 Filed 11/29/16 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 29, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS

Exhibit 1 and 2

Case 2: 16-cv-00576-ROS Document 51-1 Filed 11/29/16 Page 1 of 4 EXHIBIT 1 Case 2: 16-cv-00576-ROS Document 51-1 Filed 11/29/16 Page 2 of 4 2 * * *........ "--"... VS. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PAMELA JULIAN, on her own behalf, and on behalf of all others similarly Case No. 2: 16-cv-00576-ROS situated, Plaintiffs, CONSENT TO JOIN COLLECTIVE ACTION Fair Labor Standards Act of 1938 SWIFT TRANSPORTATION, INC. and 29 U. S. C. & 216 (6) SWIFT TRANSPORTATION CO. OF ARIZONA, LLC Defendants. I worked for Swift Transportation, Inc. and/or Swift Transportation Co. of Arizona, LLC. (" Swift "), within the past three years. I want to join this lawsuit alleging that Swift has violated the Fair Labor Standards Act. I understand that this lawsuit seeks unpaid minimum wages that may be owed to me, and that by joining the lawsuit I will become a party plaintiff. By joining this lawsuit, I designate the plaintiffs named in the Complaint as my representatives, to the fullest extent possible under applicable laws, to make decisions on my behalf concerning the litigation, the method and manner of conducting and resolving the litigation, and all other matters pertaining to this lawsuit. I understand I have the right to choose other counsel, and I choose to be represented in this matter by the Law Offices of Schneider Wallace Cottrell Konecky Wotkyns LLP, and other attorneys with whom they may associate.--" " " ܬܩܛܠܠܐ ܓ Roh) ܘܬܣ ܡܟܥܥܛܝܘ Name HEEFTupi Scutusunuswanie Signature u Qolico! · · · · ·.......................-...-Date Signed ܝܥܩܘܿܓܝܢ CONSENT TO JOIN COLLECTIVE ACTION Case 2: 16-cv-00576-ROS Document 51-1 Filed 11/29/16 Page 3 of 4. EXHIBIT 2 Case 2: 16-cv-00576-ROS Document 51-1 Filed 11/29/16 Page 4 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA PAMELA JULIAN, on her own behalf, and on behalf of all others similarly Case No. 2: 16-cv-00576-ROS situated, Plaintiffs, CONSENT TO JOIN COLLECTIVE ACTION VS. Fair Labor Standards Act of 1938 SWIFT TRANSPORTATION, INC. and 29 U. S. C. & 216 (6) SWIFT TRANSPORTATION CO. OF ARIZONA, LLC Defendants. I worked for Swift Transportation, Inc. and/or Swift Transportation Co. of Arizona, LLC. (" Swift "), within the past three years. I want to join this lawsuit alleging that Swift has violated the Fair Labor Standards Act. I understand that this lawsuit seeks unpaid minimum wages that may be owed to me, and that by joining the lawsuit I will become a party plaintiff. By joining this lawsuit, I designate the plaintiffs named in the Complaint as my representatives, to the fullest extent possible under applicable laws, to make decisions on my behalf concerning the litigation, the method and manner of conducting and resolving the litigation, and all other matters pertaining to this lawsuit. I understand I have the right to choose other counsel, and I choose to be represented in this matter by the Law Offices of Schneider Wallace Cottrell Konecky Wotkyns LLP, and other attorneys with whom they may associate. Name Michael Man miniaturenganakan Signature n \ 23 til Date Signed CONSENT TO JOIN COLLECTIVE ACTION

NOTICE re: Filing Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 52 Filed 11/30/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 52 Filed 11/30/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 11. Joseph Halaka 7 8 Dated: November 30, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1 Case 2:16-cv-00576-ROS Document 52 Filed 11/30/16 Page 5 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on November 30, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS

NOTICE of Errata re: {{50}} Notice (Other) by Plaintiffs of Filing of Consent to Join Collective Action by Plaintiff Pamela Julian.

Case 2:16-cv-00576-ROS Document 53 Filed 12/02/16 Page 1 of 3 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE OF ERRATA 15 v. SWIFT TRANSPORTATION, INC. and SWIFT 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE OF ERRATA Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 53 Filed 12/02/16 Page 2 of 3 1 Plaintiff hereby notifies the Court that the NOTICE BY PLAINTIFFS OF FILING OF 2 CONSENT TO JOIN COLLECTIVE ACTION [Document 50], filed on November 22, 2016, 3 inadvertently listed the Consent to Join form of Christopher D. Hoskins as the seventh Consent to Join 4 form filed. A corrected copy of the notice, listing the Consent to Join form of Christopher D. Hoskins as 5 the tenth Consent to Join form filed, is attached hereto as Exhibit A. 6 7 Dated: December 2, 2016 Respectfully Submitted, 8 9 By:/s/Joshua Konecky 10 Joshua Konecky SCHNEIDER WALLACE 11 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 12 Emeryville, California 94608 13 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 14 jkonecky@schneiderwallace.com 15 Attorney for Plaintiffs 16 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF ERRATA Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 53 Filed 12/02/16 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 2, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS

Exhibit A

Case 2:16-cv-00576-ROS Document 53-1 Filed 12/02/16 Page 2 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 53-1 Filed 12/02/16 Page 3 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 10. Christopher D. Hoskins 7 8 Dated: November 30, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1

NOTICE re: Notice by Plaintiffs of Filing of Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 54 Filed 12/02/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 54 Filed 12/02/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 12. Christopher Newell 7 8 Dated: December 2, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 54 Filed 12/02/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 2, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1

NOTICE re: Notice by Plaintiffs of Filing Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 55 Filed 12/07/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 55 Filed 12/07/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 13. Earl Barnes 7 8 Dated: December 7, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 55 Filed 12/07/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 7, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 55 Filed 12/07/16 Page 4 of 5 EXHIBIT 1

NOTICE re: Notice by Plaintiffs of Filing of Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 56 Filed 12/12/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 56 Filed 12/12/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 14. David Bailey 7 8 Dated: December 12, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 56 Filed 12/12/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 12, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1

NOTICE re: Notice by Plaintiffs of Filing Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 57 Filed 12/16/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 57 Filed 12/16/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 15. Tegan Arnold 7 8 Dated: December 16, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 57 Filed 12/16/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 16, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1

NOTICE re: Notice by Plaintiffs of Filing Consent to Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 58 Filed 12/23/16 Page 1 of 5 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 58 Filed 12/23/16 Page 2 of 5 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1, 3 pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 16. Theodore Thompson 7 8 Dated: December 23, 2016 Respectfully Submitted, 9 10 By:/s/Joshua Konecky Joshua Konecky 11 SCHNEIDER WALLACE 12 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 13 Emeryville, California 94608 Telephone: (415) 421-7100 14 Facsimile: (415) 421-7105 15 jkonecky@schneiderwallace.com 16 Attorney for Plaintiffs 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 58 Filed 12/23/16 Page 3 of 5 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 23, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS EXHIBIT 1

NOTICE re: Notice by Plaintiffs of Filing Consent of Join Collective Action by Pamela Julian.

Case 2:16-cv-00576-ROS Document 59 Filed 12/28/16 Page 1 of 7 1 Joshua G. Konecky (SBN 182897) jkonecky@schneiderwallace.com 2 Nathan B. Piller (SBN 300569) 3 npiller@schneiderwallace.com SCHNEIDER WALLACE 4 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 5 Emeryville, California 94608 6 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE DISTRICT OF ARIZONA 11 12 PAMELA JULIAN, on her own behalf, and on Case No.: 2:16-CV-00576-ROS 13 behalf of all others similarly situated, 14 Plaintiffs, NOTICE BY PLAINTIFFS OF FILING 15 v. CONSENT TO JOIN COLLECTIVE SWIFT TRANSPORTATION, INC. and SWIFT ACTION 16 TRANSPORTATION CO. OF ARIZONA, LLC, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 1 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 59 Filed 12/28/16 Page 2 of 7 1 Plaintiff Pamela Julian, on behalf of herself and all others similarly situated, hereby files the 2 following Consent to Join Collective Action in the above cited action, submitted herewith as Exhibit 1 3 through Exhibit 2, pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b). 4 5 CONSENT TO JOIN COLLECTIVE ACTION: 6 17. Thomas Covington 7 18. Yitayal M. Emeru 8 9 10 Dated: December 28, 2016 Respectfully Submitted, 11 12 By:/s/Joshua Konecky Joshua Konecky 13 SCHNEIDER WALLACE 14 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 15 Emeryville, California 94608 Telephone: (415) 421-7100 16 Facsimile: (415) 421-7105 17 jkonecky@schneiderwallace.com 18 Attorney for Plaintiffs 19 20 21 22 23 24 25 26 27 28 2 NOTICE BY PLAINTIFFS OF FILING CONSENT TO JOIN COLLECTIVE ACTION Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 59 Filed 12/28/16 Page 3 of 7 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 28, 2016, I electronically filed the above document with the 3 Clerk of the Court using the CM/ECF system, which will send a notification of electronic filing to all 4 CM/ECF participants interested in this matter. 5 6 7/s/Joshua Konecky 8 Joshua Konecky (SBN 182897) SCHNEIDER WALLACE 9 COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 10 Emeryville, California 94608 11 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 12 jkonecky@schneiderwallace.com 13 Attorney for Plaintiffs 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 59 Filed 12/28/16 Page 4 of 7 EXHIBIT 1 Case 2:16-cv-00576-ROS Document 59 Filed 12/28/16 Page 6 of 7 EXHIBIT 2

MOTION to Certify Class Motion for Conditional Certification and, MOTION to Facilitate Notice Pursuant to 29 U.S.C. Section 216(b) by Pamela Julian.

Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 1 of 25 1 Garrett W. Wotkyns (AZ SBN 025887) SCHNEIDER WALLACE 2 COTTRELL KONECKY WOTKYNS LLP 3 8501 North Scottsdale Road, Suite 270 Scottsdale, Arizona 85253 4 Tel: (480) 428-0142 Fax: (866) 505-8036 5 gwotkyns@schneiderwallace.com 6 Joshua Konecky (CA SBN 182897) Nathan Piller (CA SBN 300569) 7 SCHNEIDER WALLACE COTTRELL KONECKY 8 WOTKYNS LLP 2000 Powell Street, Suite 1400 9 Emeryville, California 94608 Tel: (415) 421-7100 10 Fax: (415) 421-7105 jkonecky@schneiderwallace.com 11 npiller@schneiderwallace.com 12 Attorneys for Plaintiffs 13 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE DISTRICT OF ARIZONA 16 17 PAMELA JULIAN, on her own behalf, and Case No.: 2:16-CV-00576-ROS on behalf of all others similarly situated, 18 PLAINTIFF’S MOTION TO 19 Plaintiffs, FACILITATE NOTICE PURSUANT v. TO 29 U.S.C. § 216(b); MEMORANDUM 20 OF POINTS AND AUTHORITIES IN SWIFT TRANSPORTATION, INC. and 21 SWIFT TRANSPORTATION CO. OF SUPPORT THEREOF ARIZONA, LLC, 22 Judge: The Honorable Roslyn O. Silver 23 Defendants. ORAL ARGUMENT REQUESTED 24 25 26 27 28 PLAINTIFF’S MOTION FOR CONDITIONAL CERTIFICATION Pamela Julian, et al. v. Swift Transportation, Inc., et al. Case No.: 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 2 of 25 1 TABLE OF CONTENTS 2 3 I. INTRODUCTION.................................................................................................................. 1 4 II. STATEMENT OF FACTS.................................................................................................... 4 5 A. Overview of Swift’s business 4 6 B. Swift’s new driver orientation program 4 7 C. Swift’s on-the-road training program and studying requirements 4 8 D. The Trainees have similar job duties and working conditions, and are subject to the same common operational policies 5 9 E. Swift’s timekeeping and compensation policies are uniform across the 10 collective 6 11 F. Swift’s timekeeping and compensation policies are designed to maximize productivity and comply with DOT, but not DOL regulations 6 12 G. Swift admits that it uniformly does not compensate Trainees for discrete 13 periods of time while being required to ride in a moving truck 8 14 H. Swift admits that it uniformly does not compensate Trainees for any time logged as "sleeper berth" 8 15 I. Swift admits that it does not compensate Trainees for time spent 16 studying while logged as "off duty" or "sleeper berth," despite instructing them to study and learn as much as possible when not 17 driving 9 18 J. Opt-in plaintiffs uniformly report having to perform various work tasks off-the-clock, while logged as "off duty" or "sleeper berth" 10 19 III. LEGAL ARGUMENT......................................................................................................... 10 20 A. The FLSA’s protective standards for employees and obligations for 21 employers 10 22 B. Plaintiffs easily meet the lenient standard for conditional certification 11 23 C. The Trainees have the same basic job duties and responsibilities 12 24 D. The Trainees are similarly situated with respect to the policies that govern their timekeeping and compensation 13 25 E. Swift’s discrete policies defining compensable time present facial 26 challenges and common legal disputes that can be decided for all Trainees in one stroke 13 27 F. The Trainees are similarly situated with respect to Swift’s pattern and 28 practice of under-recording work time 14 i PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. § 216(b) Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 3 of 25 1 G. The Trainees are similarly situated with respect to Swift’s common defenses 15 2 H. Similar collectives alleging analogous violations are regularly certified 15 3 I. Any variation in the Trainees’ schedules and routes presents, at most, 4 premature damages questions that do not preclude certification 16 5 J. The Court should facilitate notice to current and former Trainees working for Swift at any time beginning three-years before the filing of 6 the case 16 7 V. CONCLUSION..................................................................................................................... 17 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ii PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. § 216(b) Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 4 of 25 1 TABLE OF AUTHORITIES 2 Federal Cases 3 Adams v. Inter-Con Sec. Sys., Inc. 4 242 F.R.D. 530 (N.D. Cal. 2007)..................................................................................... 16, 17 5 Anderson v. Ziprealty, Inc. 6 2013 WL 1882370 (D. Ariz. May 3, 2013)..................................................................... 11, 13 7 Baldozier v. Am. Family Mut. Ins. 8 375 F.Supp.2d 1089 (D.Colo.2005)........................................................................................17 9 Barrera v. US Airways Grp., Inc. 10 11 2013 WL 4654567 (D. Ariz. Aug. 30, 2013).........................................................................14 12 Campbell v. C.R. England, Inc. 13 2015 WL 5773709 (D. Utah Sept. 30, 2015).........................................................................15 14 Carter v. Anderson Merchandisers 15 2008 WL 2783193 (C.D. Cal. July 10, 2008)................................................................. 12, 17 16 Collinge v. Intelliquick Delivery, Inc. 17 2012 WL 3108836 (D. Ariz. July 31, 2012)..........................................................................11 18 Daniels v. Aeropostale W., Inc. 19 2013 WL 1758891 (N.D. Cal. Apr. 24, 2013).......................................................................11 20 Flores v. Velocity Exp., Inc. 21 2013 WL 2468362 (N.D. Cal. 2013).......................................................................................12 22 Forrester v. Roth’s I.G.A. Foodliner, Inc. 23 646 F.2d 413 (9th Cir. 1981)....................................................................................................10 24 Gerlach v. Wells Fargo & Co. 25 2006 WL 824652 (N.D. Cal. 2006).........................................................................................12 26 Goodman v. Port Auth. of N.Y. & New Jersey 27 850 F. Supp. 2d 363 (S.D.N.Y. 2012).....................................................................................16 28 iii PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. § 216(b) Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 5 of 25 1 Graham v. Overland Sols., Inc. 2 2011 WL 1769737 (S.D. Cal. May 9, 2011)................................................................... 11, 12 3 Heeg v. Adams Harris, Inc. 4 907 F. Supp. 2d 856 (S.D. Tex. 2012)....................................................................................16 5 Hoffmann-La Roche Inc. v. Sperling 6 493 U.S. 165 (1989)..................................................................................................................11 7 Kellgren v. Petco Animal Supplies, Inc. 8 2015 WL 5167144 (S.D. Cal. Sept. 3, 2015).........................................................................12 9 Leyva v. Medline Indus. Inc., 716 F.3d 510 (9th Cir. 2013)....................................................16 10 Nance v. May Trucking Co. 11 2013 WL 10229756 (D. Or. June 10, 2013)..........................................................................15 12 Partlow v. Jewish Oprhans’ Home of S. Cal., Inc. 13 645 F.2d 757 (9th Cir. 1981)....................................................................................................17 14 Petrone v. Werner Enterprises, Inc. 15 121 F.Supp.3d 860 (D. Neb. 2015).........................................................................................15 16 Petrone v. Werner Enterprises, Inc. 17 2014 WL 1309690 (D. Neb. Mar. 31, 2014)..........................................................................15 18 Probert v. Family Centered Servs. of Alaska, Inc. 19 651 F.3d 1007 (9th Cir. 2011).................................................................................................10 20 21 Punter v. Jasmin Intern. Corp. 22 2014 WL 4854446 (D.N.J. 2014)............................................................................................15 23 Riendeau v. Apache Carson Partners LP 24 2013 WL 2422689 (D. Ariz. June 3, 2013)............................................................................11 25 Slack v. Swift Transp. Co. of Arizona, LLC 26 2013 WL 6095548 (W.D. Wash. 2013)..................................................................................15 27 Tennessee Coal Iron & R. Co., v. Muscoda Local No. 123 28 321 U.S. 590 (1944)..................................................................................................................10 iv PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. § 216(b) Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 6 of 25 1 Torres v. Transguard Ins. Co. of Am. Inc. 2 2014 WL 3362124 (D. Ariz. June 20, 2014)............................................................................ 2 3 Tyson Foods, Inc. v. Bouaphakeo 4 136 S. Ct. 1036 (2016)..............................................................................................................16 5 Juvera v. Salcido 6 294 F.R.D. 516 (D. Ariz. 2013)..................................................................................11, 12, 13 7 8 9 Federal Statutes 10 United States Code Title 29, Section 206...................................................................................10 11 United States Code Title 29, Section 216.............................................................................. 3, 17 12 United States Code Title 29, Section 255...................................................................................16 13 14 Rules and Regulations 15 Code of Federal Regulations Title 29, Section 785.13.................................................. 2, 11, 14 16 Code of Federal Regulations Title 29, Section 785.22........................................................ 2, 13 17 Code of Federal Regulations Title 29, Section 785.41........................................................ 2, 13 18 Code of Federal Regulations Title 29, Section 790.21(b)(2)(ii)....................................... 11, 16 19 Code of Federal Regulations Title 49, Section 395.3.............................................................5, 7 20 Federal Rules of Civil Procedure, Rule 30(c)(2)......................................................................... 9 21 22 23 24 25 26 27 28 v PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. § 216(b) Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 7 of 25 1 TO ALL PARTIES AND ATTORNEYS OF RECORD: 2 Plaintiff Pamela Julian ("Plaintiff") hereby moves the Court, pursuant to 29 U.S.C. 3 § 216(b) of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. ("FLSA"), to facilitate 4 notice of this action to, and for conditional certification of, the following proposed 5 collective: 6 All individuals currently or formerly employed by Swift as a Trainee or other 7 equivalent hourly position in the United States at any time from December 29, 8 2012 to the present. 9 This "216(b) Motion" is based on the Memorandum of Points and Authorities below, 10 the opt-in consent forms of the 18 Plaintiffs to date, the Declarations of Plaintiff Pamela 11 Julian and opt-in Plaintiffs Earl Barnes, Joseph Halaka, David Leister, Jose Quintero, 12 Michael Russ, and Kevin Browder, the Declaration of Joshua Konecky filed in support of 13 the Motion ("Konecky Decl."), including the exhibits attached thereto, the other papers and 14 pleadings on file in this Action, and any other argument the Court may consider. 15 Accompanying this motion are also: (1) Plaintiff’s Proposed Notice of Collective 16 Action Lawsuit, attached as Exhibit 1 to the Konecky Declaration; and (2) Plaintiff’s 17 Proposed Opt-in Consent Form, attached as Exhibit 2 to the Konecky Declaration. 18 Respectfully submitted, 19 20 SCHNEIDER WALLACE 21 COTTRELL KONECKY WOTKYNS LLP 22 23 Dated: January 6, 2017 By:/s/Joshua Konecky 24 JOSHUA KONECKY Attorney for Plaintiffs 25 26 27 28 i PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. § 216(b) Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 8 of 25 I. INTRODUCTION 1 This is an action for minimum wage on behalf of "Trainee" truck drivers who work for 2 Defendants Swift Transportation Inc. and Swift Transportation Company of Arizona, LLC 3 ("Defendants" or "Swift"). The Trainees drive, ride, study, and work—day and night for 4 weeks on end—training to become full-time truck drivers. They drive with and assist a 5 "mentor," usually in the mentor’s truck. Swift pays the Trainees a modest hourly wage. 6 Unfortunately, Swift also has a uniform set of pay policies that all too often cause the Trainees 7 to take home less than minimum wage. 8 Swift’s Trainees throughout the United States are subject to Swift’s common plan of 9 defining compensable work hours according to the Department of Transportation (DOT) 10 regulations, rather than the Department of Labor (DOL) regulations. The DOT regulations 11 prescribe various safety rules governing when and for how long truck drivers may drive and 12 remain otherwise "on duty," and when and for how long they must be "off duty." They do not 13 define compensable work time. The DOL regulations do define compensable work time. 14 Nevertheless, Swift uniformly determines Trainees’ compensable hours according to how 15 their time is logged for purposes of DOT compliance, not whether the time is compensable 16 under the DOL regulations. 17 Plaintiffs maintain that the conditions and duties imposed on Trainees during periods of 18 time considered "off duty" under the DOT regulations, are at the same time deemed 19 compensable time under the DOL regulations. Plaintiffs further contend that Swift’s common 20 plan of defining compensable time by reference to the DOT regulations results in systematic 21 minimum wage violations under the Fair Labor Standards Act (FLSA). 22 Swift’s discrete, uniform policies for determining which activities constitute 23 compensable work present common legal questions under applicable DOL regulations that can 24 be decided in one stroke for all Trainees: 25  Under the DOL regulations, employees "required to ride" in a truck are "working while 26 riding, except during bona fide meal periods or when [] permitted to sleep in adequate 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 1 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 9 of 25 1 facilities furnished by employer." 29 C.F.R. § 785.41 (emphasis added). Nonetheless, 2 based on a narrow provision in the DOT regulations, Swift uniformly does not compensate 3 Trainees for discrete periods of time spent riding in the passenger seat (as opposed to the 4 truck’s "sleeper berth") while the truck is in route. In addition, Trainees report that they 5 must regularly stay alert and assist the mentor while in the passenger seat. 6  Under the DOL regulations, only a "regularly scheduled sleeping period of not more than 7 8 hours" during each 24-hour period may be excluded from the compensable hours worked 8 by employees on continuous tours of duty. 29 C.F.R. § 785.22(a) (emphasis added). 9 Nonetheless, Swift uniformly excludes all time logged as sleeper berth from the Trainees’ 10 compensation—even when it exceeds 8 hours in a 24-hour period. 11  The DOL regulations only permit sleep time to be excluded from the compensable hours 12 worked by employees on continuous tours of duty when the employees "can usually enjoy 13 an uninterrupted night’s sleep" and also are able to "get at least 5 hours’ sleep during the 14 scheduled period." 29 C.F.R. § 785.22(a), (b) (emphasis added). Still, Swift does not 15 compensate Trainees for any time logged as "sleeper berth"—regardless of whether the 16 time is interrupted and/or whether Trainees get at least 5 hours of sleep. Cf. Torres v. Transguard Ins. Co. of Am. Inc., 2014 WL 3362124, at *6 (D. Ariz. June 20, 2014) (Silver, 17 J.) (holding sleeper berth time to be "on duty" under the terms of an insurance contract 18 where it was subject to interruption). 19  Although the DOL permits sleep time to be excluded from compensable hours worked by 20 employees on continuous tours of duty only where the parties "agree to exclude" such time, 21 29 C.F.R. § 785.22(a) (emphasis added), Swift has not identified any such agreement with 22 any Trainee. 23  Although "it is the duty of the management to exercise its control and see that the work is 24 not performed if it does not want it to be performed," 29 C.F.R. § 785.13, Swift suffers 25 and permits Trainees to perform productive tasks (including but not limited to studying) 26 while logged as "off duty" or "sleeper berth." 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 2 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 10 of 25 1  Swift also requires Trainees to attend mandatory safety trainings and go through a driver 2 qualification process on the first day of their orientation, without paying them for it. 3 On top of these straightforward legal challenges to Swift’s admitted policies, Plaintiffs 4 have submitted substantial evidence in the form of sworn affidavits from opt-in party 5 plaintiffs, opt-in consent forms from 18 Plaintiffs from 11 different states, policy documents 6 produced by Swift, and deposition testimony provided by Swift’s PMK witnesses 7 demonstrating Swift’s pattern and practice of suffering and permitting Trainees to work off-8 the-clock, in addition to not paying them for work it does not compensate as a matter of policy. 9 On the merits, Plaintiffs maintain that the foregoing policies and practices result in the 10 systematic denial of minimum wage compensation for Swift’s Trainees across the Country. 11 Plaintiffs’ burden at this conditional certification stage, however, is not to demonstrate that 12 they will prevail on the merits. Nor do Plaintiffs need to present evidence that would be 13 sufficient to meet the more rigorous standards of a class certification motion under Rule 23, 14 or a decertification motion under the FLSA. Rather, as discussed herein, Plaintiffs’ burden at 15 this initial "notice" stage is simply to present substantial allegations and minimal evidence that 16 Swift maintains a policy or plan that results in the denial minimum wage. This case is still in its early stages. Discovery has been limited to targeted PMK 17 deposition testimony and Swift’s production of basic policy documents. But even this minimal 18 discovery confirms: (1) the uniformity of the policies Plaintiffs challenge here; and (2) that 19 the Trainees are "similarly situated" for purposes of satisfying the lenient standard for 20 conditional certification and facilitating notice to the proposed collective under 29 U.S.C. § 21 216(b). Indeed, Plaintiffs have gone above and beyond this low bar; they have presented 22 undisputed facts concerning Swift’s policies, a common legal theory of recovery for the 23 Trainees, and even anecdotal testimony from Trainees in various locations across the country. 24 Thus, the Court should order that notice be distributed to the proposed collective of low-wage 25 Trainees so that they may be informed of this action and be allowed to opt-in before their 26 claims expire. 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 3 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 11 of 25 II. STATEMENT OF FACTS 1 A. Overview of Swift’s business 2 Swift is a company that provides long-haul transportation services throughout the 3 continental United States and Canada. Defendants’ Answer to Collective Action Complaint 4 [ECF 31] at 8:3-8. Swift employs both full-time truck drivers and Trainee truck drivers to 5 perform its long haul transportation and delivery services. Exhibit 3,1 Deposition of Sarah 6 Koogle, Payroll Project Leader ("Koogle Depo.") at 44:23-45:3.2 Swift generally has over a 7 thousand Trainee truck drivers completing on-the-road training periods at a time, throughout 8 the United States. Exh. 4, Deposition of Carl DiCharo, Driver Development Team Leader 9 ("DiCharo Depo.") at 31:19-32:3. Swift’s Payroll Project Leader estimates that the company 10 currently employs approximately 3,000 Trainees. Koogle Depo. at 61:21-24. 11 B. Swift’s new driver orientation program 12 Swift requires all of its Trainees to attend a 3-day orientation to the company and its 13 policies and procedures. DiCharo Depo. at 18:22-25; Exh. 5, Deposition of Jack Workman, 14 New Driver Onboarding Leader ("Workman Depo.") at 27:5-28:25. The materials and 15 curriculum Swift presents to Trainees at orientation are standardized across all of Swift’s 16 locations. Id. at 16:12-17:4; 22:14-23:4; 30:18-32:3. Swift does not pay trainees for attending 17 the first day of orientation. Id. at 33:16-25. 18 C. Swift’s on-the-road training program and studying requirements 19 After orientation, Trainees embark on a period of behind-the-wheel training with an 20 assigned mentor, hauling and delivering freight as part of a two-driver team. DiCharo Depo. 21 at 25:18-26:10; 34:10-19; 34:20-35:15; 38:9-12. The team model lets Swift maximize the 22 efficiency of the trucks by ensuring that one person can drive while the other can be logged 23 24 25 1 All exhibits referenced herein are attached to the Konecky Declaration. 26 2 All deponents referred to herein have been designated by Swift as PMK witnesses. 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 4 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 12 of 25 1 "off-duty." Workman Depo. at 98:24-100:12.3 It also benefits Swift by putting more capable 2 drivers on the road, hauling freight full-time for company. DiCharo Depo. at 32:6-24. 3 Swift expects Trainees to spend as much time driving the truck as legally possible under 4 the DOT regulations, with a required minimum at least 200 hours during their training. 5 DiCharo Depo. at 27:14-28:16. At the same time, Swift instructs Trainees that when not 6 driving, and "whenever legally possible," they "must be on duty, not driving and engaged in 7 the learning process; actively studying." Exh. 6, Training Paperwork, at SWIFT-8 Julian.000095. DiCharo Depo. at 75:25-76:18; Workman Depo. at 57:6-19. Swift also 9 instructs Trainees to study standardized "training paperwork," among other standardized 10 materials. DiCharo Depo. at 13:14-15:8; 35:16-23; 53:18-54:6; 62:18-63:6. 11 After completion of at least 200 hours behind the wheel, Swift administers a written 12 knowledge test, a "Performance Assessment," and a road evaluation. Id. at 89:6-90:21. If 13 Trainees fail these tests, they must undergo additional training. Id. at 90:5-16; 92:14-96:4. 14 D. The Trainees have similar job duties and working conditions, and are 15 subject to the same common operational policies 16 Trainees all have the same basic job duties of driving and riding in their mentor’s truck, hauling loads, delivering freight, and serving Swift’s customers. DiCharo Depo. at 39:17:40:2. 17 18 Transporting any load and completing a trip requires Trainees to perform the same basic work tasks. Id. at 151:3-155:8; Workman Depo. at 38:4-41:18. Swift’s corporate representatives 19 20 further confirm that the company’s written policies applicable to Trainees are all contained in 21 the Swift’s common "Driver Handbook," "Mentor-Student Guide" and other training paperwork, which Swift distributes to all Trainees. DiCharo Depo. at 41:21-43:18; 53:18-54:6; 22 23 Workman Depo. at 31:10-13; 50:22-51:3; Exh. 7, Mentor-Student Guide; Exh. 8, Handbook. It is common for Trainees to work multi-day trips traversing hundreds of miles of 24 25 highway. Workman Depo. at 42:6-43:5; 74:22-75:5. During these continuous tours of duty 26 3The DOT regulations require drivers to stop driving after 11 hours, and log off as "off duty" or "sleeper berth" for 10 hours before driving again. 49 C.F.R. § 395.3. 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 5 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 13 of 25 1 away from home, Trainees often try to rest in the sleeper berth while their mentors drive the 2 truck (and vice versa). Id. at 98:24-99:9. Aside from occasional nights in a motel and hours 3 spent at truck stops to refuel, eat, and use the restroom, Trainees spend most of their time in 4 the truck. Id. at 74:9-20; DiCharo Depo. at 104:22-105:19; 153:16-25; Declaration of Pamela 5 Julian ("Julian Decl.") at ¶ 5; Declaration of Michael Russ ("Russ Decl.") at ¶ 5; Declaration 6 of Jose Quintero ("Quintero Decl.") at ¶ 5; Declaration of David Leister ("Leister Decl.") at ¶ 7 6; Declaration of Joseph Halaka ("Halaka Decl.") at ¶ 6; Declaration of Earl Barnes ("Barnes 8 Decl.") at ¶ 6; Declaration of Kevin Browder ("Browder Decl.") at ¶ 6. 9 E. Swift’s timekeeping and compensation policies are uniform across the 10 collective 11 Swift’s Trainees are uniformly paid by the hour, although Swift pays the vast majority of its full-time drivers by the mile. Koogle Depo. at 44:13-45:3. Swift tracks all of its 12 13 Trainees’ working hours using a device called an Omnitracs MCP-200 (formerly the "Qualcomm"), which is in every truck. DiCharo Depo. at 71:2-10. Swift’s common 14 15 timekeeping procedure is that all hours during the training period are logged into the MCP-16 200 as either "driving," "on-duty, not driving," "off duty," or "sleeper berth." Id. at 119:14-23. Swift uses these categories to create a record for purposes of compliance with the DOT’s 17 18 hours of service regulations, but also to determine how much to pay the trainees. Id. at 70:2-71:10. Specifically, Swift pays trainees at a rate of approximately $9.50 for all time logged as 19 20 "driving," and minimum wage or close to it for all time logged as "on-duty, not driving." 21 Koogle Depo. at 45:4-12. All time logged as "off duty" or "sleeper berth"—that is, all other time spent during training—is not paid. Koogle Depo. at 47:13-48:18. Swift defines the four 22 23 duty statuses based on the DOT regulations. Workman Depo. at 85:5-13; 92:2-21. 24 F. Swift’s timekeeping and compensation policies are designed to maximize productivity and comply with DOT, but not DOL regulations 25 Swift instructs Trainees to spend as much time as possible driving or otherwise on-duty 26 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 6 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 14 of 25 1 without incurring DOT "hours of service" violations,4 which benefits Swift by increasing 2 productivity. Workman Depo. at 53:15-54:17. Swift also expects Trainees to remain "engaged 3 in the learning process" and "actively studying" when not driving. Exh. 9, Deposition of Victor 4 Malchesky, Director of Safety ("Malchesky Depo.") at 54:4-14; 54:24-55:6; Workman Depo. 5 at 57:6-14. To these ends, Swift uses a proprietary software program called "Virtual Hours of 6 Service," which optimizes drivers’ schedules to let them transport loads as efficiently as 7 possible. Exh. 10, Deposition of Joshua Grow, Director of IT ("Grow Depo.") at 49:19-50:21. 8 Swift adopted the software specifically to add extra work to drivers’ schedules. Id. at 52:5-12. 9 Swift also has a "compliance team," which conducts monthly audits of Trainees’ 10 electronic logs to ensure that time is logged in compliance with DOT hours of service 11 regulations. Malchesky Depo. at 11:13-12:5; 13:7-22; see also id. at 24:2-25:7. The audits 12 screen for whether Trainees are correctly logging their time in the four duty statuses, and/or 13 doing work tasks while logged as "off-duty" or "sleeper berth." Id. at 16:12-17:14; 24:2-25:7; 14 32:7-24; 33:18-25. However, Swift’s safety director is not aware of any communication 15 between the audit team and the payroll department to correct Trainees’ pay where working 16 time was logged in one of these two non-compensable duty statuses. Id. at 38:20-39:21. On 17 the other end, the Payroll Department does not audit the Trainees’ recorded hours for purposes 18 of ensuring full and accurate compensation either. Koogle Depo. at 56:16-57:20. 19 Again, Trainees’ compensation is determined from hours logged for DOT compliance. 20 Still, the primary purpose of the driver log and hours of service class in orientation is to address 21 Swift’s concern about Trainees’ compliance with DOT hours of service regulations, not to 22 explain what time is compensable for payroll purposes. Workman Depo. at 70:8-72:3. 23 24 25 4 The DOT sets limits on the number of hours someone can drive, the number of hours 26 someone can be on duty, and how much off-duty time they must have before driving or going on duty again. See, e.g., note 3, supra; 49 C.F.R. § 395.3. 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 7 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 15 of 25 G. Swift admits that it uniformly does not compensate Trainees for 1 discrete periods of time while being required to ride in a moving truck 2 Swift’s head of orientation testified that generally, it would be inappropriate to log 3 oneself as "off duty" while in the passenger seat of a moving truck because "[t]he truck is 4 moving. They can’t get out of the truck." Workman Depo. at 91:11-22. Nevertheless, Swift’s 5 policy is to not compensate Trainees for up to 2 hours riding in the passenger seat while their 6 mentors drive the truck, so long as the two hours are immediately before or after 8 hours 7 logged as "sleeper berth." Malchesky Depo. at 84:4-13; Workman Depo. at 76:11-23; 77:16-8 78:8; Exh. 11, Hours of Service Training, at SWIFT-Julian.000359. Swift’s Director of Safety 9 confirms that this policy is derived from the DOT regulations, not the FLSA or other wage 10 laws. Malchesky Depo. at 84:4-13. Of course, Trainees are not free to go where they please 11 during these 2 hours logged as "off-duty," while riding in the passenger seat; after all, they are 12 confined to a moving truck. Workman Depo. at 88:3-19 ("When the student is in that passenger 13 seat while off-duty, they can’t go and do what they want, can they? A. They can’t leave the 14 truck, obviously, if it’s moving."); 91:11-22. Swift’s only guidance for determining whether 15 time riding in the passenger seat of the truck is "off-duty" or "on-duty" is the DOT regulation 16 defining "off duty" for purposes of hours of service. Malchesky Depo. at 84:18-85:10. 17 H. Swift admits that it uniformly does not compensate Trainees for any 18 time logged as "sleeper berth" The sleeper berth is a "small, little area" that is part of the truck’s cab. DiCharo Depo. 19 at 107:8-12. There is no solid barrier between the sleeper berth and the driver’s seat, so 20 mentors can communicate with Trainees while in the sleeper berth. DiCharo Depo. at 108:3-21 12. Swift’s Director of Safety testified that he was not aware of any rules or regulations 22 prohibiting interaction between the driver and the person in sleeper berth. Malchesky Depo. 23 at 63:16-22; 64:25-65:10. Opt-in plaintiffs consistently report communicating with their 24 mentors, and responding to their mentors’ requests for assistance, in the sleeper berth. Julian 25 Decl. at ¶ 20; Quintero Decl. at ¶ 22; Halaka Decl. at ¶ 22; Leister Decl. at ¶¶ 15-16; Barnes 26 Decl. at ¶ 19; Browder Decl. at ¶ 19. They also report being routinely interrupted while trying 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 8 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 16 of 25 1 to sleep, keeping them from consistently being able to get a full night’s sleep. Julian Decl. at 2 ¶¶ 5, 18-21; Quintero Decl. at ¶¶ 5, 20-22; Russ Decl. at ¶¶ 16-21; Halaka Decl. at ¶¶ 6, 20-3 23; Barnes Decl. at ¶¶ 18-20; Browder Decl. at ¶¶ 17-20. 4 Having Trainees spend time in the truck’s sleeper berth maximizes efficiency for Swift 5 by allowing the two-driver team to cut down on idle time and have the truck continue moving 6 even when one team member must be "off-duty" to comply with the DOT regulations. Id. at 7 98:24-100:12.5 However, Swift does not pay Trainees for any time logged as "sleeper berth." 8 I. Swift admits that it does not compensate Trainees for time spent studying 9 while logged as "off duty" or "sleeper berth," despite instructing them to study and learn as much as possible when not driving 10 As discussed above, Swift instructs Trainees that when not driving, and "whene ver 11 legally possible," they "must be on duty, not driving and engaged in the learning process; 12 actively studying." Training Paperwork, at SWIFT-Julian.000095; Swift’s head of orientation 13 testified that a lot of studying is necessary during the training period because "there is a lot to 14 know." Workman Depo. at 57:6-19; see also DiCharo Depo. at 103:24-104:4 (Swift instructs 15 Trainees to take notes throughout training). Remarkably, Swift’s head of driver training 16 testified that "[s]tudying’s different than work" and Trainees should not be logged as "on duty" 17 when studying unless it is necessary to perform "a work function." DiCharo Depo. at 77:7-25. 18 Swift "has no real policy" for determining when being engaged in the learning process 19 or studying is compensable. DiCharo Depo. at 78:5-18; Workman Depo. at 127:23-128:7. 20 Likewise, Swift provides no guidance to Trainees in orientation or during training as to 21 whether they should or should not study while logged as "sleeper berth," Workman Depo. at 22 93:11-22; DiCharo Depo. at 82:16-25. Nor does Swift track the amount of study time or where 23 it is performed. DiCharo Depo. at 82:16-25; Grow Depo. at 38:25-39:7. Not surprisingly, opt-24 25 5 Swift prevented Plaintiffs from eliciting further testimony regarding the benefit to Swift of "sleeper berth" time by instructing Mr. Workman not to answer any more questions on the 26 topic, even in his personal capacity. Workman Depo. at 99:25-102:21. The instruction violated Fed. R. Civ. P. 30(c)(2). 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 9 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 17 of 25 1 in plaintiffs consistently report regularly studying in the sleeper berth and while otherwise off-2 duty so that they are adequately prepared for Swift’s post-training tests and evaluations. Julian 3 Decl. at ¶¶ 10-11, 20; Quintero Decl. at ¶¶ 13, 22; Russ Decl. at ¶¶ 16, 20; Leister Decl. at ¶ 4 16; Halaka Decl. at ¶ 22; Barnes Decl. at ¶ 19. 5 J. Opt-in plaintiffs uniformly report having to perform various work tasks off-the-clock, while logged as "off duty" or "sleeper berth" 6 Opt-in plaintiffs from numerous locations consistently report having to perform various 7 work tasks off-the-clock, while logged as "off-duty" or "sleeper berth." Julian Decl. at ¶¶ 16-8 24; Quintero Decl. at ¶¶ 19-24; Russ Decl. at ¶¶ 16-23; Halaka Decl. at ¶¶ 19-23; Leister Decl. 9 at ¶¶ 14-20; Browder Decl. at ¶¶ 16-22. As discussed above, although Swift conducts regular 10 audits of its Trainees’ timekeeping, Swift has not identified any process for correcting 11 compensation errors related to incorrectly logged hours. 12 III. LEGAL ARGUMENT 13 A. The FLSA’s protective standards for employees and obligations for employers 14 The FLSA is a remedial statute intended to protect the rights of workers and "must not 15 be interpreted or applied in a narrow, grudging manner." Tennessee Coal Iron & R. Co., v. 16 Muscoda Local No. 123, 321 U.S. 590, 597 (1944) (abrogated on other grounds). It "is'to be 17 liberally construed to apply to the furthest reaches consistent with Congressional direction.’" 18 Probert v. Family Centered Servs. of Alaska, Inc., 651 F.3d 1007, 1010 (9th Cir. 2011). 19 Section 206 of the FLSA requires that employers pay non-exempt employees minimum 20 wage. 29 U.S.C. § 206. The FLSA and applicable DOL regulations impose specific 21 affirmative duties on employers to ensure compliance with this fundamental entitlement. Work 22 need not be explicitly ordered or required by the employer to be compensable. Indeed, an 23 employer "who knows or should have known" that an employee is performing work must 24 compensate that employee for time spent performing it. Forrester v. Roth’s I.G.A. Foodliner, 25 Inc., 646 F.2d 413, 414 (9th Cir. 1981). "It is the duty of management to exercise its control 26 and see that the work is not performed if it does not want it to be performed." 29 C.F.R. § 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 10 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 18 of 25 1 785.13. "The mere promulgation of a rule against such work is not enough. Management has 2 the power to enforce the rule and must make every effort to do so." Id. 3 B. Plaintiffs easily meet the lenient standard for conditional certification 4 Section 216(b) of the FLSA requires a person to affirmatively "opt-in" to an FLSA 5 action by filing a consent to join form with the court. Because of this requirement, Section 6 216(b) also authorizes a court to issue court-supervised notice to "similarly situated" 7 employees informing them of the case and their right to opt-in. Hoffmann-La Roche Inc. v. 8 Sperling, 493 U.S. 165, 169 (1989). Issuing notice allows potentially aggrieved employees to 9 preserve their claims, because unlike Rule 23 class actions, the statute of limitations for 10 putative class members in Section 216(b) collective actions is not automatically tolled with 11 the commencement of the action. 29 C.F.R. §790.21(b)(2)(ii). 12 While the Ninth Circuit has not formally prescribed the standard for managing FLSA 13 collective actions, "the majority of courts, including this Court, have adopted the two-tiered 14 approach." Juvera v. Salcido, 294 F.R.D. 516, 519 (D. Ariz. 2013). The first step in the two-15 tiered approach requires the Court to determine whether the plaintiffs are "similarly s ituated" 16 and whether notice of the action should be given to potential opt-in plaintiffs. Daniels v. 17 Aeropostale W., Inc., 2013 WL 1758891, at *2 (N.D. Cal. Apr. 24, 2013). Plaintiffs may meet 18 this burden by "making substantial allegations of classwide determination. Anderson v. 19 Ziprealty, Inc., 2013 WL 1882370, at *3 (D. Ariz. May 3, 2013). The standard is "fairly 20 lenient" and "typically results in certification of a representative class." Collinge v. Intelliquick 21 Delivery, Inc., 2012 WL 3108836, at *1 (D. Ariz. July 31, 2012). "All that need be shown [] 22 is that some identifiable factual or legal nexus binds together the various claims of the class 23 members in a way that hearing the claims together promotes judicial efficiency and comports 24 with the broad remedial policies underlying the FLSA." Graham, 2011 WL 1769737, at *2; 25 Riendeau v. Apache Carson Partners LP, 2013 WL 2422689, at *1 (D. Ariz. June 3, 2013). 26 The "similarly situated" standard is minimal because requiring a "higher evidentiary 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 11 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 19 of 25 1 hurdle" at the first stage of certification would frustrate the purpose of the FLSA by 2 "precluding employees who have suffered the same illegal treatment by an employer fr om 3 prosecuting one action more efficiently and economically than would be possible with 4 numerous individual claims." Carter v. Anderson Merchandisers, 2008 WL 2783193, at *2 5 (C.D. Cal. July 10, 2008).6 By the same token, the "more lenient standard" also recognizes 6 that "there are no absent class members to protect" in an FLSA collective action, as opposed 7 to in a Rule 23 class action. See Graham, 2011 WL 1769737, at *2.7 8 Here, conditional certification is appropriate because Plaintiff has made a substantial 9 showing that the Trainees are similarly subject to a "common decision, policy or plan that 10 leads to FLSA violations." See Kellgren v. Petco Animal Supplies, Inc., 2015 WL 5167144, at 11 *2 (S.D. Cal. Sept. 3, 2015). To begin with, Plaintiffs make facial challenges that Swift’s 12 admittedly uniform policy of paying Trainees based on how they are logged into the 13 timekeeping system for purposes of DOT compliance, while excluding categories of time that 14 are compensable under the FLSA, leads to systematic FLSA violations. Moreover, initial 15 discovery documents, the depositions of Swift’s first PMK witnesses, the named Plaintiff’s 16 declaration, the illustrative declarations of other Trainees across the Country, as well as signed 17 consent-to-join forms from 18 opt-in Plaintiffs covering 11 states, provide far more support 18 than necessary to for conditional certification and court-facilitated notice. 19 C. The Trainees have the same basic job duties and responsibilities 20 For an opt-in class to be created under Section 216(b), "[p]laintiffs need show only that 21 6 At the second stage of the analysis, which usually occurs after the close of discovery and 22 when the case is ready for trial, the party opposing certification may move to decertify the class. Graham v. Overland Sols., Inc., 2011 WL 1769737, at *3 (S.D. Cal. May 9, 2011). It 23 only is at this subsequent stage where the more rigorous analysis of "similarly situated" occurs. Juvera, 294 F.R.D. at 520. 24 7 Indeed, the standard for conditional certification of an "opt in" collective is more lenient than 25 the standard for certification of an opt-out class under FRCP 23. See Gerlach v. Wells Fargo & Co., 2006 WL 824652, at *2-*3 (N.D. Cal. 2006) (interpreting the "‘similarly situated’ 26 standard by simply incorporating the requirements of Rule 23 would effectively ignore Congress' directive."); Flores v. Velocity Exp., Inc., 2013 WL 2468362, at *7 (N.D. Cal. 2013). 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 12 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 20 of 25 1 their positions are similar, not identical, to the positions held by the putative class members." 2 Anderson, 2013 WL 1882370, at *3; Juvera, 294 F.R.D. at 520. Here, Plaintiff has more than 3 sufficiently demonstrated that the positions are similar. Indeed, Swift admits that all Trainees 4 perform the same basic duties and employee declarants have consistently testified that they 5 have very similar, if not the same job duties and responsibilities. See Section II.D, supra. 6 D. The Trainees are similarly situated with respect to the policies that govern their timekeeping and compensation 7 Swift’s PMK witnesses and corporate documents establish that the company uses the 8 same timekeeping and compensation policies for all the Trainees nationwide. See Section II.E, 9 supra. Specifically, Swift’s policy is that Trainees log their hours into the Omnitracs MPC-10 200 system (formerly "Qualcomm") as either "on-duty, not driving"; "driving"; "off-duty"; or 11 "sleeper berth," but that they are only paid for hours logged as "on-duty, not driving" and 12 "driving." See id. Plaintiff’s facial challenges and pattern and practice allegations are common 13 across the proposed Collective because they flow from Swift’s common policy of not paying 14 Trainees for any time logged as "off-duty" or "sleeper berth." 15 E. Swift’s discrete policies defining compensable time present facial challenges 16 and common legal disputes that can be decided for all Trainees in one stroke 17 Plaintiffs allege that Swift’s undisputed class-wide policy of treating up to 2 hours of 18 time spent in the passenger seat of a moving truck and logged as "off-duty," and all the time 19 logged as "sleeper berth" as non-compensable, are unlawful under the FLSA. This is a facial 20 challenge to Swift’s admitted policies, which is well-suited for collective action treatment. 21 Indeed, all Trainees are subject to the same allegedly unlawful policies. 22 Plaintiffs allege that these policies result in the systematic failure to compensate 23 Trainees for the time they spend performing work tasks that the DOL regulations treat as 24 compensable, including, but not limited to time logged as: (1) "Off duty" while required to 25 ride in the passenger seat while the mentor is driving the truck, see 29 C.F.R. § 785.41; (2) 26 "Sleeper berth" in excess of 8 consecutive hours, see 29 C.F.R. § 785.22(a); (3) "Sleeper berth" 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 13 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 21 of 25 1 that is interrupted by work such that Trainees are not able to get at least 5 hours of sleep and/or 2 not usually able to enjoy an uninterrupted night’s sleep, see 29 C.F.R. § 785.22(a), (b); (4) 3 "Sleeper berth" that Swift suffers and permits and/or requires without an agreement with the 4 Trainee that it will not be compensated, see 29 C.F.R. § 785.22(a); and (5) "Off-duty" or 5 "Sleeper Berth" while studying and performing other productive tasks (without taking legally 6 required steps to prevent off-the-clock work). See 29 C.F.R. § 785.13. In addition, Swift 7 admits Trainees uniformly are not paid for attending the first day of orientation. 8 Again, Swift does not dispute that this time is uncompensated. The common, 9 overarching question for the proposed collective of Trainees, then, is whether these policies 10 pass muster under applicable DOL regulations. 11 F. The Trainees are similarly situated with respect to Swift’s pattern and practice 12 of under-recording work time 13 Swift uniformly instructs Trainees to drive, study and engage in learning as much as possible. As discussed above, however, it does not maintain a policy as to whether study time 14 15 is compensable, nor does it track when, where, or for how long it is performed. See Sections 16 II.C, F, I, supra; cf. 29 C.F.R. § 785.13 (providing that employers have a duty to prevent off-the-clock work). At the same time, the DOT regulations require Trainees to be logged as "off 17 18 duty" or "sleeper berth" for several hours in a 24-hour period before they can resume driving and other productive work, even if the truck is moving. See Section II.F, supra. With this 19 20 backdrop, Plaintiffs have provided substantial allegations that they are subject to the same 21 pattern and practice of being required to work during DOT-mandated "off-duty" or "sleeper berth" time by studying, engaging in learning, and performing other productive tasks, as part 22 23 of Swift’s common plan to promote compliance with DOT regulations without losing productivity. See Section II.J, supra; see also Barrera v. US Airways Grp., Inc., 2013 WL 24 25 4654567, at *6 (D. Ariz. Aug. 30, 2013) (granting conditional certification based on 26 allegations of "a pattern or practice" of not paying employees in compliance with FLSA). 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 14 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 22 of 25 G. The Trainees are similarly situated with respect to Swift’s common defenses 1 Swift also has raised defenses to Plaintiff’s FLSA claims that are similar across the 2 collective. These include the positions that: (1) Swift is protected from all liability based on 3 good faith, Answer [ECF 26] at 22:4-9; and (2) applicable DOT regulations permit it to 4 maintain the very admittedly uniform policies that Plaintiff alleges facially violate applicable 5 DOL regulations. Joint Plan [ECF 31] at 5:1-6:19. These defenses illustrate that the parties 6 have common disputes on the merits as to the requirements of the law when it comes to 7 paying the Trainees. As a matter of judicial efficiency and FLSA compliance, they can and 8 should be addressed collectively. 9 Although it is premature to decide the merits here, Plaintiffs note that their position on 10 the merits will be well-supported by applicable law. See, e.g., Petrone v. Werner Enterprises, 11 Inc., 121 F.Supp.3d 860, 866-69 (D. Neb. 2015) (resolving dispute over whether "sleeper 12 berth" time in excess of 8 consecutive hours is compensable under the DOL regulations in 13 the employees’ favor); see also Punter v. Jasmin Intern. Corp., 2014 WL 4854446 at *5-7 14 (D.N.J. 2014) (entering default judgment for plaintiff truck drivers on theory that time spent 15 logged as "sleeper berth" is compensable); Petrone v. Werner Enterprises, Inc., 2014 WL 16 1309690, at *1 (D. Neb. Mar. 31, 2014) (defendants could "point to the sparse federal case 17 law to support their argument that sleeper berth time is not compensable under the FLSA."). 18 19 H. Similar collectives alleging analogous violations are regularly certified 20 This case is similar to other cases in the same long haul trucking industry certified by 21 courts in recent years, see, e.g., Petrone v. Werner Enterprises, Inc., 2013 WL 3479280, at *6 (D. Neb. July 10, 2013) (analogous minimum wage claims brought by student drivers, certified 22 23 under stricter Rule 23 standard); Nance v. May Trucking Co., 2013 WL 10229756, at *5 (D. Or. June 10, 2013) (over-the-road truck drivers); Campbell v. C.R. England, Inc., 2015 WL 24 25 5773709, at *1 (D. Utah Sept. 30, 2015), including a case certifying an analogous class of 26 trainee truck drivers employed by Swift, under the stricter Rule 23 standard. Slack v. Swift Transp. Co. of Arizona, LLC, 2013 WL 6095548, at *4 (W.D. Wash. 2013). 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 15 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 23 of 25 I. Any variation in the Trainees’ schedules and routes presents, at most, 1 premature damages questions that do not preclude certification 2 Plaintiff alleges that Swift’s violations flow from its uniform unlawful timekeeping and 3 compensation policies, and that all Trainees have sustained the same type of injury, even if 4 they do not work the same exact schedules. Any variation in Trainees’ work schedules and 5 routes presents, at most, a premature question of damages. The presence of individualized 6 damages does not defeat certification. Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036, 1050 7 (2016); Leyva v. Medline Indus. Inc., 716 F.3d 510, 514 (9th Cir. 2013). To hold otherwise 8 would preclude certification of any wage and hour class, as "damages determinations are 9 individual in nearly all wage-and-hour class actions." Leyva, 716 F.3d at 513. 10 Moreover, the minimal discovery conducted thus far indicates that the calculation of 11 damages will be manageable. Indeed, damages can be determined largely by utilizing 12 Defendants’ "ICC" database, which contains comprehensive information showing the 13 Trainees’ total hours, compensation, when and to what extent time was logged in any one of 14 the four duty statuses, and when specific tasks were performed. Grow Depo. at 34:21-38:16; 15 53:6-54:12; 55:20-59:3. This will enable the reasonable determination of damages at a later 16 stage. 17 J. The Court should facilitate notice to current and former Trainees working for 18 Swift at any time beginning three-years before the filing of the case 19 The FLSA has a two or three year statute of limitations depending upon whether the 20 violation is willful. 29 U.S.C. § 255. Willfulness is a fact-intensive inquiry for the merits, 21 after discovery on the merits of the issue. See Goodman v. Port Auth. of N.Y. & New Jersey, 22 850 F. Supp. 2d 363, 381 (S.D.N.Y. 2012); Heeg v. Adams Harris, Inc., 907 F. Supp. 2d 856, 23 865 (S.D. Tex. 2012). 24 Plaintiff filed the complaint on December 29, 2015, in the United States District Court, 25 District of Delaware. While the statute of limitations initially runs from the date the employee 26 files a consent to join, 29 C.F.R. §790.21(b)(2)(ii) the limitations period can be equitably 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 16 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 24 of 25 1 tolled where defendants refuse to supply contact information until after conditional 2 certification. See Adams v. Inter-Con Sec. Sys., Inc., 242 F.R.D. 530, 542-43 (N.D. Cal. 2007). 3 Here, Swift declined to produce names and contact information of the Trainees in response to 4 Plaintiff’s request back in January 2016, Exh. 12, even though doing so would have facilitated 5 notice at an earlier date and given employees an earlier opportunity to toll the statute of 6 limitations. Swift again declined to produce the information in formal discovery. See Exh. 13, 7 at 2:9-28 (objecting to request for contact information). Additional considerations of equity 8 militate in favor of tolling to protect the rights of potential opt-in plaintiffs whose claims are 9 being extinguished or diminished every day through no fault of their own. 8 10 Plaintiff has submitted a proposed form of notice and consent to join form as Exhi bits 11 1 and 2 to the Konecky Decl. Plaintiff proposes that the Court appoint a third party 12 administrator (to be proposed by the parties) to send the notice and administer the process. 13 Plaintiff proposes that Trainees have 90 days from the mailing to opt in to the collective 14 action. See Carter, 2008 WL 2783193, at *6-7. 15 V. CONCLUSION 16 For all the reasons stated above, the Court should grant Plaintiff’s Motion for 17 Conditional Certification and to Facilitate Notice Pursuant to 29 U.S.C. § 216(b). 18 Respectfully submitted, 19 Dated: January 6, 2017 SCHNEIDER WALLACE 20 COTTRELL KONECKY WOTKYNS LLP 21 By:/s/Joshua Konecky 22 JOSHUA KONECKY Attorney for Plaintiffs 23 24 25 See Adams, 242 F.R.D. at 542-43; see also Partlow v. Jewish Oprhans’ Home of S. Cal., Inc., 8 645 F.2d 757, 760-61 (9th Cir. 1981), abrogated on other grounds by Hoffman-La Roche, Inc., 26 493 U.S. 165; Baldozier v. Am. Family Mut. Ins., 375 F.Supp.2d 1089, 1092-93 (D.Colo.2005). 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 17 Case 2:16-cv-00576-ROS Document 60 Filed 01/06/17 Page 25 of 25 CERTIFICATE OF SERVICE 1 2 I hereby certify that on January 6, 2017, I electronically filed the foregoing document 3 with the Clerk of the Court using the Court's CM/ECF system, which will send a notice of 4 electronic filing to all CM/ECF participants. 5 6 7/s/Joshua G. Konecky Joshua G. Konecky (SBN 182897) 8 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 9 2000 Powell Street, Suite 1400 Emeryville, California 94608 10 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 11 jkonecky@schneiderwallace.com 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MPA ISO PLAINTIFF’S MOTION TO FACILITATE NOTICE PURSUANT TO 29 U.S.C. 216 (b) 1

Affidavit Declaration of Joshua Konecky

Case 2:16-cv-00576-ROS Document 60-1 Filed 01/06/17 Page 1 of 5 Garrett W. Wotkyns (AZ SBN 025887) 1 SCHNEIDER WALLACE COTTRELL KONECKY 2 WOTKYNS LLP 8501 North Scottsdale Road, Suite 270 3 Scottsdale, Arizona 85253 Tel: (480) 428-0142 4 Fax: (866) 505-8036 gwotkyns@schneiderwallace.com 5 Joshua Konecky, SBN 182897 6 jkonecky@schneiderwallace.com Nathan Piller, SBN 300569 7 npiller@schneiderwallace.com SCHNEIDER WALLACE 8 COTTRELL KONECKY WOTKYNS LLP 2000 Powell St., Suite 1400 9 Emeryville, CA 94608 Telephone: (415) 421-7100 10 Facsimile: (415) 421-7105 11 Attorneys for Plaintiffs 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF ARIZONA 15 16 PAMELA JULIAN, on her own behalf, and Case No.: 2:16-CV-00576-ROS 17 on behalf of all others similarly situated, DECLARATION OF JOSHUA 18 Plaintiffs, KONECKY IN SUPPORT OF v. PLAINTIFFS’ MOTION TO 19 FACILITATE NOTICE PURSUANT 20 SWIFT TRANSPORTATION, INC. and TO 29 U.S.C. § 216(b) SWIFT TRANSPORTATION CO. OF 21 ARIZONA, LLC, Judge: The Honorable Roslyn O. Silver 22 Defendants. ORAL ARGUMENT REQUESTED 23 24 25 26 27 DECLARATION OF JOSHUA KONECKY IN SUPPORT OF PLAINTIFFS’ MOTION TO FACILITATE NOTICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS Case 2:16-cv-00576-ROS Document 60-1 Filed 01/06/17 Page 2 of 5 1 I, Joshua G. Konecky, hereby declare as follows: 2 1. I am a partner at Schneider Wallace Cottrell Konecky Wotkyns LLP, and one of 3 the attorneys of record for Plaintiffs in the above-captioned case. I am submitting this 4 declaration in support of Plaintiffs’ Motion to Facilitate Notice Pursuant to 29 U.S.C. § 5 216(b). I am familiar with the file, the documents, and the history related to this case. The 6 following statements are based on my personal knowledge and review of the files. If called 7 on to do so, I could and would testify competently thereto. 8 2. Schneider Wallace Cottrell Konecky Wotkyns LLP is regarded as one of the 9 leading private plaintiff’s firms in employment and civil-rights class actions. In November 10 2012, the Recorder listed our firm as one of the "top 10 go-to plaintiffs’ employment firms 11 in Northern California." Our partners and attorneys have litigated major wage and hour 12 class actions, have won several prestigious awards, and sit on important boards and 13 committees in the legal community. More details on the work, experience and 14 accomplishments of the firm can be found at www.schneiderwallace.com. 15 3. I have substantial experience in the area of employment and civil rights law. In 16 2013, the Daily Journal named me as one of the leading labor and employment lawyers in 17 California, and I have been on the Northern California Super Lawyers list each year since 18 2011. In 2010, the Consumer Attorneys of California honored me as a Finalist for the 19 Consumer Attorney of the Year Award, which recognizes attorneys for using skill and 20 determination to create a more just society for consumers in California. 21 4. I personally have been lead counsel for numerous class and collective action 22 cases. I have successfully litigated contested motions for conditional certification under 29 23 U.S.C. § 216(b), and class certification under FRCP 23, involving the legality of wage and 24 hour policies. 25 5. Our offices have worked closely with the named Plaintiff, Pamela Julian, to 26 understand her experiences working for Defendants and to evaluate her claims. We also 27 DECLARATION OF JOSHUA KONECKY IN SUPPORT OF PLAINTIFFS’ MOTION TO FACILITATE NOTICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS 1 Case 2:16-cv-00576-ROS Document 60-1 Filed 01/06/17 Page 3 of 5 1 have worked with the other opt-in party plaintiffs who submitted declarations to the Court in 2 support of Plaintiff’s motion to facilitate notice. This work has been important in enabling 3 us to obtain a real-world understanding of the facts and experiences at issue in this case. 4 6. With respect to formal discovery, our offices have issued initial sets of requests 5 for production of documents and interrogatories on Defendants to gather information and 6 evidence to assist in our investigation and prosecution of the case at this early stage. In 7 connection with these discovery requests, we have conducted meet and confer sessions with 8 defense counsel to obtain more documents and information than initially provided. 9 7. On November 18, 2016, Nathan Piller, the associate from my firm assigned to 10 this case, traveled to Salt Lake City, Utah to take the deposition of Carl DiCharo. Mr. 11 DiCharo is Swift’s Corporate Driver Development Team Leader, and appeared for 12 Defendants as a Person Most Knowledgeable witness under FRCP 30(b)(6). On December 13 2, 2016, I traveled to Phoenix, Arizona to take the deposition of Victor Malchesky, Swift’s 14 Director of Safety, who also appeared as a designee witness under FRCP 30(b)(6). From 15 December 7 to 8, 2016, Mr. Piller took the depositions of three more designee witnesses, 16 Jack Workman, Sarah Koogle, and Joshua Grow, also in Phoenix, Arizona. 17 8. My offices and I are committed to continuing to prosecute the case vigorously 18 on behalf of the Plaintiff and proposed collective. We have substantial experience 19 prosecuting wage and hour claims such as this one, and will commit the resources necessary 20 to achieve the best result we can for the collective. As in our other class and collective 21 action cases, we are committed to fairly and adequately representing the interests of the 22 collective here 23 EXHIBITS 24 9. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiff’s proposed 25 notice of collective action. 26 27 DECLARATION OF JOSHUA KONECKY IN SUPPORT OF PLAINTIFFS’ MOTION TO FACILITATE NOTICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS 2 Case 2:16-cv-00576-ROS Document 60-1 Filed 01/06/17 Page 4 of 5 1 10. Attached hereto as Exhibit 2 is a true and correct copy of Plaintiff’s proposed 2 consent to join collective action form. 3 11. Attached hereto as Exhibit 3 are true and correct copies of excerpts of the 4 deposition of Sarah Koogle, Swift’s Payroll Project Leader, and one of Swift’s corporate 5 designee witnesses, taken on December 8, 2016. 6 12. Attached hereto as Exhibit 4 are true and correct copies of excerpts of the 7 deposition of Carl DiCharo, Swift’s Corporate Driver Development Team Leader, and one 8 of Swift’s corporate designee witnesses, taken on November 18, 2016. 9 13. Attached hereto as Exhibit 5 are true and correct copies of excerpts of the 10 deposition of Jack Workman, Swift’s New Driver Onboarding Leader, and one of Swift’s 11 corporate designee witnesses, taken on December 7, 2016. 12 14. Attached hereto as Exhibit 6 is a true and correct copy of a document entitled 13 "Student Driver Training Paperwork," produced by Swift in this litigation, and bates 14 stamped as SWIFT-Julian.000094-101. 15 15. Attached hereto as Exhibit 7 is a true and correct copy of a document entitled 16 "Mentor-Student Guide," produced by Swift in this litigation, and bates stamped as SWIFT-17 Julian.000525-611. 18 16. Attached hereto as Exhibit 8 is a true and correct copy of a document entitled 19 "Driver handbook," produced by Swift in this litigation, and bates stamped as SWIFT-20 Julian.000131-310. 21 17. Attached hereto as Exhibit 9 are true and correct copies of excerpts of the 22 deposition of Victor Malchesky, Swift’s Director of Safety, taken on December 2, 2016. 23 18. Attached hereto as Exhibit 10 are true and correct copies of excerpts of the 24 deposition of Joshua Grow, Swift’s Director of IT, taken on December 8, 2016. 25 26 27 DECLARATION OF JOSHUA KONECKY IN SUPPORT OF PLAINTIFFS’ MOTION TO FACILITATE NOTICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS 3 Case 2:16-cv-00576-ROS Document 60-1 Filed 01/06/17 Page 5 of 5 1 19. Attached hereto as Exhibit 11 is a true and correct copy of a document entitled 2 "Hours of Service Log Class," produced by Swift in this litigation, and bates stamped as 3 SWIFT-Julian.000343-425. 4 20. Attached hereto as Exhibit 12 is a true and correct copy of correspondence 5 between Plaintiffs’ counsel and Defendants’ counsel, dated January 25, 2016. 6 21. Attached hereto as Exhibit 13 is a true and correct copy of Defendant’s 7 Responses and Objections to Plaintiff’s First Set of Interrogatories, served on October 28, 8 2016. 9 I declare under penalty of perjury under the laws of the United States that the 10 foregoing is true and correct. 11 Executed on this 6th day of January, 2017, in Emeryville, California. 12 13/s/Joshua Konecky Joshua G. Konecky 14 Attorney for Plaintiffs 15 16 17 18 19 20 21 22 23 24 25 26 27 DECLARATION OF JOSHUA KONECKY IN SUPPORT OF PLAINTIFFS’ MOTION TO FACILITATE NOTICE Julian v. Swift Transportation, Inc., et al.-Case No. 2:16-CV-00576-ROS 4

Exhibit 1-6 to Declaration of Joshua Konecky

EXHIBIT 1 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 2 of 117 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA OFFICIAL COURT AUTHORIZED NOTICE (This is not a solicitation from a lawyer) If you are or were a Trainee Truck Driver for Swift Transportation, Inc. and/or Swift Transportation Company of Arizona, LLC ("Swift") between December 29, 2012 and the present, please read this notice.  A lawsuit is pending in federal district court claiming that Swift has failed to pay its Trainee Truck Drivers minimum wage, in violation of the Fair Labor Standards Act.  The Court authorized the parties to send notice of this lawsuit under the Fair Labor Standards Act to individuals employed by Swift as a Trainee Truck Driver at any time during the period of December 29, 2012 to the present.  Swift denies that the claims have merit. Swift contends that it has paid the Trainee Truck Drivers properly under the Fair Labor Standards Act and that the matter cannot proceed as a collective action.  The Court has not decided who is right or wrong. 1. Why Did I Get This Notice? On [INSERT DATE], the Federal District Court overseeing this case granted "conditional certification" for the case to proceed as a "collective action" and directed that notice of the lawsuit be sent to current and former Trainee Truck Drivers of Swift. This notice has been sent to you because Swift’s records indicate that you are or were a Trainee Truck Driver employed by Swift during the relevant time period. This notice is intended to inform you of this lawsuit and of your right to join it as a plaintiff. FOR YOU TO BE INCLUDED IN THIS CASE AND IN ANY JUDGMENT, WHETHER FAVORABLE OR NOT, YOU MUST MAIL THE ENCLOSED "CONSENT TO JOIN" FORM IN ACCORDANCE WITH THE INSTRUCTIONS BELOW. 2. What Is The Lawsuit About? The Plaintiffs allege that Swift has denied minimum wages to its Trainee Truck Drivers by requiring them to perform work off-the-clock, without compensation. The categories of work Plaintiffs allege were not compensated include time spent: riding in the truck while in route; studying; and performing other productive tasks while off-the-clock. Plaintiffs allege that the off-the-clock work results in the denial of minimum wage. Swift denies that the claims have merit. Swift contends that it has paid the Trainee Truck Drivers properly under the Fair Labor Standards Act. The lawsuit is entitled Julian, et al. v. Swift Transportation Co. of Arizona, LLC, et al., Case No. 2:16-CV-00576-ROS, and is filed in U.S. District Court for the District of Arizona. **NOTE** Return the enclosed Consent to Join form as soon as possible if you wish to preserve your rights and to be included in this case. Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 3 of 117 3. What Are My Choices? If you worked for Swift as a Trainee Truck Driver in the United States at any time from December 29, 2012 to the present, you are eligible to join this action as a plaintiff. Joining this action does not necessarily mean that you will obtain money, only that the Court will determine whether your rights have been violated under the Fair Labor Standards Act. To take part in this lawsuit, you must sign and mail the "Consent to Join Collective Action" Form that is enclosed with this notice. You must sign the form and it must be postmarked no later than [insert date], to be considered timely. You should send the form to the following address: [ADD ADDRESS OF THIRD PARTY ADMINISTRATOR] All Consent Forms will be filed with the Court. 4. What Happens If I Join? If you join, the named Plaintiff in the case and the lawyers listed below will represent you and work with you to try to obtain relief on your behalf. The Court or a jury will determine whether your rights have been violated. You will be bound by the Court’s judgment, whether it is favorable or unfavorable to you. If there is a recovery, Plaintiffs’ attorneys will be compensated for their fees and costs either by receiving a portion of the recovery or by a separate payment by Swift (or a combination of the two), in an amount approved or determined by the Court. If there is no recovery, you will not be required to pay Plaintiffs’ attorneys for any of their fees or costs. Your decision to submit a Consent to Join Form does not necessarily determine whether or not you will be required to participate in discovery during this case. Discovery might be taken from both those who submit a Consent to Join form as well as those who do not. 5. What Happens If I Do Not Join? If you do not join, you will not be entitled to share in any amounts recovered under the FLSA in this action, if any. Your rights under the FLSA will not be affected by any judgment issued or settlement approved, if any, by the Court in this case—whether it is favorable or unfavorable. 6. How Do I Join? Enclosed is a "Consent to Join Collective Action" form. If you wish to join this lawsuit, it is extremely important that you read, sign, and return the Consent to Join form. The return envelope has been pre-addressed and pre-paid for your convenience. The signed Consent to Join form must be postmarked by [insert date 90 days from mailing] for it to be considered timely. Please mail the Consent to Join form to: [ADD NAME/ADDRESS OF 3rd PARTY ADMINISTRATOR] **NOTE** Return the enclosed Consent to Join form as soon as possible if you wish to preserve your rights and to be included in this case. Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 4 of 117 If your signed Consent Form is not postmarked by [insert date 90 days from mailing], you may not be eligible to participate in this lawsuit. Signing a Consent Form does not guarantee any recovery in this lawsuit. If you have any questions about filling out or sending in the Consent Form, you may contact the lawyers listed on page [number] of this notice. 7. No Retaliation Permitted. It is a violation of federal law for Swift to discriminate in any manner, or to retaliate against you for taking part in this case. If you believe that you have been penalized, discriminated against, or disciplined in any way as a result of your receiving this notice, considering whether to join this lawsuit, or actually joining this lawsuit, you should contact an attorney. 8. How Can I Get More Information? Additional information can be obtained by contacting the Plaintiffs’ lawyers listed below. The Court file in the case can also be examined in person at the Clerk’s Office of the United States District Court, Sandra Day O'Connor U.S. Courthouse, Suite 130, 401 West Washington Street, SPC 1, Phoenix, AZ 85003-2118. Court documents may also be viewed electronically for a charge by visiting the Court’s Electronic Records database PACER at www.pacer.gov, and inputting the case information. The case name is Julian, et al. v. Swift Transportation Co. of Arizona, LLC, et al., Case No. 2:16-CV-00576-ROS, and the Court is the United States District Court, District of Arizona. Other than in-person requests to examine the file at the Clerk’s office, no inquiries concerning this case should be directed to the Court or to the Clerk of the Court. 9. Who are the attorneys representing the Plaintiffs? Plaintiffs are represented by the following attorneys: Joshua Konecky jkonecky@schneiderwallace.com Nathan Piller npiller@schneiderwallace.com SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS LLP 2000 Powell Street, Suite 1400 Emeryville, California 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 You may also choose to retain alternative counsel of your choice. THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE FEDERAL DISTRICT COURT, THE HONORABLE ROSLYN O. SILVER, UNITED STATES DISTRICT COURT JUDGE PLEASE DO NOT CONTACT THE COURT. **NOTE** Return the enclosed Consent to Join form as soon as possible if you wish to preserve your rights and to be included in this case. EXHIBIT 2 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 6 of 117 CONSENT TO JOIN FORM Fair Labor Standards Act of 1938, 29 U.S.C. § 216(b) I WANT TO JOIN THE LAWSUIT Julian et al. v. Swift Transportation Co. of Arizona, LLC, et al seeking unpaid minimum wages against Swift Transportation, Inc. and/or Swift Transportation Company of Arizona, LLC ("Swift"). I have worked for Swift as a Trainee Truck Driver at some point during the period of December 29, 2012 to the present. I want to join this lawsuit alleging that Swift has violated the Fair Labor Standards Act. I understand that this lawsuit seeks unpaid wages that may be owed to me, and that by joining the lawsuit I will become a party plaintiff. By joining this lawsuit, I designate the Plaintiff named in the complaint as my representative, to the fullest extent possible under applicable laws, to make decisions on my behalf concerning the litigation, the method and manner of conducting and resolving the litigation, and all other matters pertaining to this lawsuit. I understand I have the right to choose other counsel, and I choose to be represented in this matter by the law firm of Schneider Wallace Cottrell Konecky Wotkyns LLP, and other attorneys with whom they may associate. I affirm that I worked for Swift at some point during the period December 29, 2012 to the present and that I want to join this lawsuit against Swift. RETURN THIS SIGNED FORM POSTMARKED NO LATER THAN [INSERT DATE 90 DAYS AFTER MAILING] ________________________________________ Date:______/______, 2017 Signature ____________________ Print Name ________________________________________ ________________________________________ Address ____________________ Phone number ____________________ E-mail address EXHIBIT 3 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 8 of 117 Page 1 1 SARAH KOOGLE 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF ARIZONA 4 PAMELA JULIAN, on his own) Case No. 5 behalf, and on behalf of all) 2:16-CV-00576-ROS others similarly situated,) 6) Plaintiffs,) 7) vs.) 8) SWIFT TRANSPORTATION, INC.,) 9 and SWIFT TRANSPORTATION CO.) OF ARIZONA, LLC,) 10) Defendants.) 11 _______________________________) 12 13 14 15 DEPOSITION OF SARAH L. KOOGLE 16 Phoenix, Arizona 17 December 8, 2016 18 10:09 a.m. 19 20 Job no. 116754 21 22 REPORTED BY: 23 Janice Gonzales, RPR, CRR 24 AZ Certified Court 25 Reporter No. 50844 TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 9 of 117 Page 44 1 SARAH KOOGLE 2 A. Because our per diem pay is programmed to 3 do reductions in rates per mile and hourly employees 4 are not paid a rate per mile. 5 Q. Okay. What do you mean by reductions? 6 I'm sorry. Let me--I'm a little confused. When 7 you say "reductions in rates per mile," can you just 8 explain what you mean by that? 9 A. For mileage-paid employees, if they're in 10 the per diem program, then they take a reduction on 11 their mileage rate and receive a reimbursable credit 12 to their paycheck which reduces their taxable wages. 13 Q. I see. Okay. All right. So going back 14 to 520, it reads, "Student pay package: Paid by the 15 hour." So am I correct that all trainee truck 16 drivers are paid by the hour? 17 A. Yes. 18 Q. And full-time drivers are paid by the 19 mile, right? 20 A. No, we have a group of nonstudents that 21 are on dedicated accounts or driving--not driving 22 but local at our terminals that are paid hourly. 23 Q. Do you know what proportion of the total 24 full-time-driver worker base for Swift is paid by the 25 hour? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 10 of 117 Page 45 1 SARAH KOOGLE 2 A. About 8,000 mileage pay drivers, company 3 drivers. The hourly nonstudents are roughly 1,000. 4 Q. And students--well, just the second 5 bullet point reads, "Time logged on duty not driving 6 is paid minimum wage for your terminal state location 7 or your state of residence, whichever is higher. 8 Time logged driving is paid at $9.50 except for if 9 minimum wage is higher." So I take it, then, student 10 drivers are paid by the hour for all time logged as 11 on duty not driving and driving; is that right? 12 A. Yes. 13 Q. Is that the same for that group of, say, 14 about 1,000 folks who are full-time drivers but who 15 are paid by the hour? 16 A. There's some of the roughly 1,000 drivers 17 are paid through the same type of a program where 18 it's based on E-log hours. So there's probably 400 19 of those employees, and then the other 600 are off 20 time clocks that are in our terminal locations. So 21 they're actually clocking in and out on a time clock. 22 Q. And so for those folks, the ones who are 23 clocking in and out on a time clock, their hourly pay 24 is not determined by the on duty not driving time or 25 the driving time that they log in the Qualcomm; is TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 11 of 117 Page 47 1 SARAH KOOGLE 2 drivers so much per hour, then they're hourly, or 3 just based on what account they're on, they're paid 4 hourly. 5 Q. Do you know anyone in the company who 6 might know why it is that the company pays the 7 trainees by the hour as opposed to by the mile? 8 A. I would say Otto Welch since that's his 9 area. 10 Q. Are you familiar with the other duty 11 statuses, off duty and sleeper berth? 12 A. Yes, I'm familiar with it. 13 Q. Okay. Is time logged as off duty ever 14 paid under any circumstances? 15 A. Not that I'm aware of. 16 Q. And what about time logged as sleeper 17 berth? 18 A. Not that I'm aware of. 19 Q. Okay. So as a general matter, trainees 20 are compensated for time logged as on duty not 21 driving and driving but not for time logged at off 22 duty or sleeper berth, right? 23 A. They're not--they're not paid a wage 24 for that time, but down here in the section on page 25 520, this downtime would actually be logged in a TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 12 of 117 Page 48 1 SARAH KOOGLE 2 sleeper berth or in the off-duty time. So I don't 3 want to say that they're not paid for that time, but 4 they're not paid through taxable wages. We give them 5 a straight $50 reimbursement that goes straight into 6 their check, and they would be logged in one of those 7 other statuses. 8 Q. So other than the maximum of $50 for some 9 undetermined amount of downtime that may be logged as 10 sleeper berth or off duty, there's no compensation 11 for time logged as off duty or logged as sleeper 12 berth, right? 13 A. Right. 14 Q. Okay. I think earlier you testified that 15 there had been a change in the policy whereby 16 trainees began getting paid by the hour; is that 17 right? 18 A. Yes. 19 Q. Do you know when Swift started paying 20 trainees by the hour? 21 A. Yes. 22 Q. When was that? 23 A. November 2012. 24 Q. And how were the trainees paid before 25 November of 2012? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 13 of 117 Page 56 1 SARAH KOOGLE 2 reports where if the route line is showing originally 3 that we paid it at 1,000 miles, the driver leader 4 goes in and adjusts the route line to say it's 5 supposed to be 1,200. There's nothing that comes 6 through to us that automatically corrects the pay for 7 the driver. So we ensure that we are originally 8 paying them 1,000 miles and now we're paying them an 9 additional 200 because it was changed. We have a 10 very high volume of that, so it is something that we 11 focus on to make sure that the driver is paid 12 correctly. If the route's changed in the opposite 13 way where we paid him 1,200 and they changed it to 14 1,000 miles, we do not make a pay correction on it. 15 BY MR. PILLER: 16 Q. Okay. So then what's the reason why 17 auditing would be necessary for the hourly folks? 18 A. What would we audit? I don't know--19 what would we be auditing? They're confirming their 20 hours. Their hours are accurate because they 21 confirmed them. We know they're in the--what state 22 they're assigned to and what their resident state is. 23 Q. So there would be no reason to audit the 24 accuracy of the logs because it's the responsibility 25 of the driver to maintain accurate logs; is that TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 14 of 117 Page 57 1 SARAH KOOGLE 2 right? 3 A. Yes. 4 Q. What about auditing the accuracy of 5 payroll's internal processing of the logs? 6 A. We don't have any auditing on that. 7 Q. Okay. Are you aware of any audits being 8 conducted at Swift regarding regulatory compliance? 9 A. I wouldn't--10 MR. BARTON: Objection. Foundation. 11 I'm sorry, did you say no? 12 THE WITNESS: No, that's what I was 13 saying. 14 MR. BARTON: Sorry. I was throwing my 15 objections out. 16 BY MR. PILLER: 17 Q. So as a general matter, the payroll 18 department just does not concern itself with 19 regulatory issues? 20 A. Correct. 21 Q. Okay. All right. So, Ms. Koogle, 22 besides your attorneys, have you communicated with 23 anyone about this case? 24 A. No. 25 Q. Okay. Have any drivers ever raised any TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 15 of 117 Page 61 1 SARAH KOOGLE 2 Q. Could that information be determined by 3 reviewing Swift's records? 4 A. I assume so. 5 Q. You have no estimate of a range of hours 6 paid for a trainee truck driver during a training 7 period? 8 A. No. 9 Q. What about a range of pay hours during a 10 week during the training period? 11 A. No. 12 Q. Do you know anybody who might be able to 13 provide that estimate? 14 A. Anyone from driver services, they would 15 know by their fleet of drivers what's the average 16 that they're--what are the average hours that 17 they're working. 18 Q. So you mentioned before that you have 19 reviewed payroll data in the aggregate for Swift? 20 A. Yes. 21 Q. Okay. Do you know the approximate number 22 of trainee drivers that Swift employs in the United 23 States at a single time? 24 A. My estimate is roughly 3,000. 25 Q. And what do you base that estimate on? TSG Reporting-Worldwide 877-702-9580 EXHIBIT 4 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 17 of 117 Page 1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE DISTRICT OF ARIZONA 5 PAMELA JULIAN, on his) 6 own behalf, and on) 30(b)(6) deposition of behalf of all others) 7 similarly situated,) SWIFT TRANSPORTATION) 8 Plaintiffs,) By: CARL DICHARO) 9 vs.)) 10 SWIFT TRANSPORTATION,) Case No. INC. and SWIFT) 2:16-CV-00576-ROS 11 TRANSPORTATION CO. OF) ARIZONA, LLC,) 12) 13 Defendants.) 14 15 16 17 November 18, 2016 * 9:59 a.m. 18 19 Location: Kirton & McConkie 20 50 East South Temple, Suite 400 21 Salt Lake City, Utah 22 23 Reporter: Dawn M. Perry, CSR 24 Notary Public in and for the State of Utah 25 Job No. 115597 TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 18 of 117 Page 13 1 CARL DICHARO * NOVEMBER 18, 2016 2 Q. What is the part that the development 3 department pays in the development training program? 4 A. What part? 5 Q. Can you just explain what you mean by the 6 part that they play? 7 A. Just--I guess I don't understand your 8 question. 9 Q. So I think you mentioned just a second ago 10 that, you know, the driver development department has 11 some role in designing Swift's training program, and 12 I was wondering if you could describe that role for 13 me. 14 A. Well, we have a mentor student guide that 15 we use, and that's really the part that we're 16 involved in. 17 Q. Does the department draft the mentor 18 student guide? 19 A. Yes. 20 Q. Did you personally draft it or participate 21 in drafting it? 22 A. Did I draft--personally draft it? No. 23 Q. Were you involved in putting it together 24 in any way? 25 A. It was really already there when I came on TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 19 of 117 Page 14 1 CARL DICHARO * NOVEMBER 18, 2016 2 board. 3 Q. I take it you're responsible for knowing 4 the policies contained in it. 5 A. Yes. 6 Q. And the policies in that guide cover the 7 trainees across the country? 8 A. Are they given to the trainees? Yes. 9 Q. And would--is it Swift's expectation 10 that they would apply to all the trainees? 11 A. What do you mean, apply it to all the 12 trainees? 13 Q. The trainees and the mentors would follow 14 the policies contained in the guide. 15 A. Yes. 16 Q. That's throughout the United States? 17 A. Yes. 18 Q. Are there any other training materials 19 that you are aware of that have come out of the 20 driver development department? 21 MR. BARTON: Objection. Vague. 22 But go ahead. 23 THE WITNESS: The training paperwork. 24 Q. (BY MR. PILLER) What is the training 25 paperwork? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 20 of 117 Page 15 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. What is it? 3 Q. Yes. 4 A. It's just a guide while they are in 5 training that--it's a worksheet for them to follow 6 while they are in training. 7 Q. Is that used across the country? 8 A. Yes. 9 Q. Are you the only corporate driver 10 development team leader at Swift or are there others 11 in the department? 12 A. I'm the corporate one, yes. 13 Q. You're based in Utah? 14 A. Salt Lake City, Utah, yes. 15 Q. Is that where the department is based for 16 Swift or... 17 A. I don't understand your question. 18 Q. The driver development department, is that 19 located here in Utah for Swift, or is it located 20 somewhere else? 21 A. The department itself is country-wide. I 22 mean, we have members throughout the whole country. 23 The leader is in Salt Lake City. 24 Q. I see. And so do you work in an office 25 building? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 21 of 117 Page 18 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. Yes. 3 Q. And where do you see them, precisely? 4 A. In passing. They're in our orientation. 5 That's really the only contact I have with them. 6 Q. And the orientation, does that take place 7 in your building where you work? 8 A. The one that's held in West Valley City, 9 Utah, yes. 10 Q. But there are orientations held across the 11 country, though? 12 A. Yes. 13 Q. Are you participating in the orientations? 14 A. No. 15 Q. Are the orientations something that the 16 trainees go through before their on-the-road 17 training? 18 A. Yes. 19 Q. And that's all trainees across the 20 country? 21 A. Yes. 22 Q. What is the purpose of having this 23 orientation before the on-the-road? 24 A. What is the purpose? To get knowledge of 25 the company and policies, procedures. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 22 of 117 Page 25 1 CARL DICHARO * NOVEMBER 18, 2016 2 MR. BARTON: Objection. Speculative. 3 Go ahead. 4 THE WITNESS: Themselves. I mean... 5 Q. (BY MR. PILLER) What do you mean by that? 6 A. Their ability to perform. 7 Q. What makes for a quality performance at 8 Swift as a truck driver? 9 A. I--everything's--I mean, there is a 10 number of things that could relate to that. Being 11 safe. Being legal. 12 Q. Would you say safety is kind of of 13 paramount importance at Swift? 14 A. Yes. 15 Q. Is that something that is featured in 16 training when it comes to new truck drivers? 17 A. Yes. 18 Q. Okay. So I just want to move on to the 19 training program as a general matter. So I'm 20 correct, then, that Swift maintains a training 21 program for new drivers. Is that right? 22 A. Yes. 23 Q. And it's on-the-job training. I know you 24 mentioned--I'm sorry, let me back up. I know you 25 mentioned there is an orientation component to it, TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 23 of 117 Page 26 1 CARL DICHARO * NOVEMBER 18, 2016 2 but then there is an on-the-road--on-the-job 3 component to it; is that right? 4 A. Yes. 5 Q. Is there a different name for the 6 orientation versus the on-the-job component of the 7 training? 8 A. There is driver orientation, if that's 9 what you're referring to. And then there's the 10 mentor program. 11 Q. Got it. How long does the orientation 12 program last? 13 A. I don't know the exact timeline on it, but 14 it's roughly two and a half, three days. 15 Q. And that would be at a Swift terminal? 16 A. Yes. 17 Q. What is going on during those three days? 18 Is it classroom work, primarily, or presentations 19 being made by management? Can you just describe it a 20 little bit? 21 MR. BARTON: I'm going to object to this 22 question only because it's outside the scope of the 23 30(b)(6), and he's not the designee on the 24 orientation program. 25 MR. PILLER: Okay. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 24 of 117 Page 27 1 CARL DICHARO * NOVEMBER 18, 2016 2 MR. BARTON: That's Jack Workman. 3 Q. (BY MR. PILLER) Mr. Dicharo, to the 4 extent you have any knowledge of the program, you can 5 provide it. If you don't have any knowledge of the 6 orientation program, then you don't need to provide 7 any testimony on it. 8 A. Okay. 9 Q. But if you know, what is the basic nature 10 of the program, classroom training, presentations 11 being made by management? How would you describe it? 12 A. There is a structured orientation and, you 13 know, I do not know the details of that structure. 14 Q. Fair enough. Okay. So the mentor 15 program. That's the on-the-road component, correct? 16 A. Yes. 17 Q. How long does that component of the 18 training last? 19 A. It's different for every student. 20 Q. And why would it be different from one 21 student to the next? 22 A. Their ability to learn. 23 Q. I think we're going to get into that a 24 little bit later, but just as a general matter, are 25 you saying that if a student is unable to complete TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 25 of 117 Page 28 1 CARL DICHARO * NOVEMBER 18, 2016 2 the training requirements in a certain time, then 3 they are going to have to complete further training? 4 Is that right? 5 MR. BARTON: Objection. Vague. 6 Go ahead, if you can. 7 THE WITNESS: Yeah. If they don't meet 8 the standards within the time period of the training, 9 then they do not get additional training with us. 10 Q. (BY MR. PILLER) And what are the time 11 standards that you mentioned there? 12 A. Zero to 300. So the program itself was 13 200 to 300 hours. They have to complete at least 200 14 hours. 15 Q. And that's behind the wheel? 16 A. Behind the wheel, yes. 17 Q. Is there any amount of weeks that that is 18 intended to cover, like, the 200 hours of 19 behind-the-wheel training, are they--at the 20 training are they expected to spend a certain amount 21 of weeks? 22 A. No. 23 Q. Okay. Could the 200 hours be broken up, 24 you know, let's say into several different weeks 25 throughout the year or would it have to be in one TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 26 of 117 Page 31 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. Can you say that again? 3 Q. In any given 24-hour period would it be--4 let me just rephrase. 5 Would it be unusual for the trainee and 6 the mentor to spend the entire 24-hour period in the 7 truck? 8 A. Again, there's really no way to measure 9 that time period. 10 Q. What are some of the reasons why the 11 mentor or the trainee would get out of the truck? 12 A. Use the restroom. 13 Q. Are there restrooms in the truck? 14 A. No. 15 Q. Refuelling, I assume? 16 A. Refuelling, yes. 17 Q. Loading, unloading? 18 A. If required, yes. 19 Q. Do you know approximately how many trainee 20 truck drivers are working throughout Swift's 21 operations in the United States currently? 22 A. Not off the top of my head, no. 23 Q. Is it in the thousands? 24 A. Is it in the thousands? 25 Q. Yes. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 27 of 117 Page 32 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. Generally it's over that, but I don't know 3 what the exact number is. 4 Q. In the tens of thousands? 5 A. No. 6 Q. So I think you mentioned briefly your 7 understanding of what the purpose of the orientation 8 program was, and I know that's not your topic, but in 9 terms of the mentor program, what is Swift's purpose 10 in implementing this mentor program? 11 MR. BARTON: Objection. 12 THE WITNESS: What is Swift's purpose for 13 it? 14 MR. PILLER: Yes. 15 THE WITNESS: To help the new drivers, the 16 new students that come into the company. 17 Q. (BY MR. PILLER) And what is the benefit 18 to Swift of having the mentor program, if any? 19 A. To help those new drivers get the 20 experience and knowledge of their driving abilities. 21 Q. That benefits Swift by making sure that 22 there are more capable drivers on the road working 23 for Swift; is that right? 24 A. Yes. 25 Q. Is this training, this mentor program, TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 28 of 117 Page 34 1 CARL DICHARO * NOVEMBER 18, 2016 2 full-time drivers? 3 A. Student drivers. 4 Q. And what's the difference between a 5 student driver and a regular new hire driver? 6 A. Somebody with zero experience. 7 Q. All right. And then in order for a 8 trainee to be--actually, let me back up just to 9 kind of close the loop on that. 10 So then am I understanding correctly that 11 a driver who already has experience and starting with 12 Swift anew, with the new company, Swift, they don't 13 need to go through any training? 14 A. It depends. They have to have at least 15 three months' experience. 16 Q. So as long as they have the three months, 17 there is no need for them--18 A. Yeah, if they have less than three months, 19 they have to go through the training program. 20 Q. Got it. Are there specific requirements 21 that must be met for a trainee to have been certified 22 as having completed the training? 23 A. What do you mean by "specific 24 requirements"? 25 Q. I think you mentioned the 200 driving TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 29 of 117 Page 35 1 CARL DICHARO * NOVEMBER 18, 2016 2 hours. Are there any other requirements that need to 3 be completed before the training is complete? 4 A. Yes. 5 Q. And what are those requirements? 6 A. Those are outlined in our training 7 paperwork. 8 Q. What are some of the important ones? 9 A. They're all important. 10 Q. Can't argue with that. 11 But as a general matter, am I correct that 12 in addition to the driving hours there needs to be 13 some amount of practice of specific skills--14 on-the-job skills related to long-haul trucking? 15 A. Yes. 16 Q. Okay. So all the requirements that we've 17 just discussed, in a general sense, those are 18 applicable to all the Swift trainees throughout the 19 United States, correct? 20 A. The things that we just talked about, yes. 21 Q. All the things contained in the training 22 paperwork? 23 A. Yes. 24 Q. Okay. And then we've already touched on 25 the concept or the term mentor. Can you just tell TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 30 of 117 Page 38 1 CARL DICHARO * NOVEMBER 18, 2016 2 "Get paid while you train." 3 The training period--the on-the-job 4 training is paid; is that right? 5 A. On-the-job training is paid? Is that what 6 you said? 7 Q. That's right. 8 A. After they've been hired, yes. 9 Q. So the mentoring program where the 10 trainees are riding in the truck with the mentor, 11 that's a paid job? 12 A. Yes. 13 Q. And do you know why this training is paid 14 for? 15 MR. BARTON: Objection. 16 THE WITNESS: It's work to be done. 17 It's--they're working. 18 Q. (BY MR. PILLER) Okay. So the text below, 19 under the image there, reads, "Drivers: Receive paid 20 training for recent CDL grads." 21 Do you know what a CDL is referring to? 22 A. Commercial driver's license. 23 Q. So the commercial driver's license is a 24 prerequisite to entering the training program, right? 25 A. If that's what they're referring here. I TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 31 of 117 Page 39 1 CARL DICHARO * NOVEMBER 18, 2016 2 guess I don't understand what you're asking. 3 Q. I'm just trying to help myself to 4 understand--5 A. Okay. 6 Q.--since I'm not in the trucking industry. 7 The commercial driver's license of course, is 8 different from a--I guess it's a Class C license or 9 a regular driver's license? 10 A. There are different C--commercial 11 driver's license. 12 Q. Uh-huh. Okay. So--but as a general 13 matter, just a regular old driver's license is not 14 going to be sufficient to start work with Swift, 15 correct? 16 A. Correct. 17 Q. All right. So the next paragraph--the 18 second paragraph here reads, "Recent CDL grads will 19 spend between 200 and 300 hours behind the wheel on a 20 mentor's truck hauling loads, delivering freight and 21 taking care of customers' needs." 22 Is that a fair description of the basic 23 duties of a trainee truck driver? 24 A. That is a driver's--for all drivers. 25 Q. For all drivers, including trainees? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 32 of 117 Page 40 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. Including trainees, yes. 3 Q. Are there any other important training 4 duties that aren't listed in that short summary? 5 A. What's in the driver handbook. What's in 6 the mentor student guide. 7 Q. So between the driver handbook, the mentor 8 student guide and this short summary, hauling loads, 9 delivering freight, taking care of customers' needs, 10 that pretty much encompasses the duties of a trainee 11 truck driver; is that right? 12 A. Again, it's for all drivers. There is 13 really no difference there. But there's different--14 I mean, it--there's a lot more than what's in 15 writing that goes along with being a truck driver. 16 Q. Sure. Sure. So maybe that's a good way 17 to lead into my next question, which is--maybe you 18 could just walk me through a typical 24-hour period 19 for a trainee truck driver on the road. 20 A. There's no way to cover everything that 21 happens in a 24-hour period. I mean, I can give you 22 the basic essentials, pick up and deliver freight 23 safely and, you know, on time and cargo damage free. 24 Q. I imagine a good chunk of that time is 25 going to be spent driving? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 33 of 117 Page 41 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. Again, it depends. 3 Q. Is there anything in particular that a 4 trainee has to do when they wake up? 5 A. No. 6 Q. All right. Well, maybe we'll get into 7 some of the specify duties later. 8 (EXHIBIT 3 WAS MARKED.) 9 Q. I'm guessing this is going to be more 10 familiar to you. Do you need a moment to look 11 through it to see if you recognize it or--12 A. I recognize it, yes. 13 Q. Okay. So what is this document? 14 A. This is the driver handbook. 15 Q. Okay. And I'll just represent for the 16 record, this is a document produced in discovery, 17 Bates stamped Swift-Julian 000131 through 18 Swift-Julian 000309. 19 MR. BARTON: Not quite, 310. 20 MR. PILLER: Oh. Thank you. 310. 21 Q. And I think you mentioned earlier that the 22 driver handbook is distributed to all the trainees; 23 is that right? 24 A. To all drivers. 25 Q. To all drivers. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 34 of 117 Page 42 1 CARL DICHARO * NOVEMBER 18, 2016 2 When do trainees specifically receive this 3 document? 4 A. In orientation. 5 Q. And is this handbook used throughout 6 Swift's operations? 7 A. I don't understand the question. 8 Q. Or maybe a better way to ask it would be, 9 is the same handbook provided to all the trainees 10 across the country? 11 A. All drivers. 12 Q. All drivers, including trainees? 13 A. Including trainees, yes. 14 Q. And what is the purpose of this handbook? 15 MR. BARTON: Objection. It's vague. 16 But go ahead. 17 THE WITNESS: What do you mean by 18 "purpose"? 19 Q. (BY MR. PILLER) Well, how is it used by 20 Swift? 21 A. How is it used? 22 Q. Yes. 23 A. In my--in the mentor program or... 24 Q. Let's start with how it's used in the 25 mentor program. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 35 of 117 Page 43 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. This is a driver's reference book. It's 3 their handbook to reference all the policies and 4 procedures of the company. And, you know, there are 5 some safety pieces in here that give them, you know, 6 written knowledge and experience of those safety 7 pieces. Logging. Safe practices. It's a driver's 8 reference book, is really how it's--is what its 9 purpose is. 10 Q. So then Swift's expectation would be that 11 drivers, whether they are trainees or any other 12 driver working for Swift, would consult this handbook 13 if they ever had a question about how to do their 14 job? 15 A. That's the expectation. 16 Q. I take it, then, that mentors also are 17 expected to abide by the guidelines in this handbook. 18 A. Yes. 19 Q. Are there any other written policies that 20 aren't contained in the driver handbook that are 21 applicable to trainees? 22 A. Just what's in the mentor student guide 23 and the training paperwork. 24 Q. Does Swift do anything to ensure that the 25 guidelines contained in the driver handbook are being TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 36 of 117 Page 53 1 CARL DICHARO * NOVEMBER 18, 2016 2 deliver that freight, then they would communicate 3 that to us. 4 Q. But they ultimately have to complete the 5 freight delivery at some point? 6 A. Only if they've committed to being able to 7 meet that schedule, based on their hours that they 8 have legally available to them. 9 Q. All right. We can put this aside for the 10 moment. I may return to it, but we'll keep it handy. 11 (EXHIBIT 4 WAS MARKED.) 12 Q. Are you familiar with this document? 13 A. Yes. 14 Q. Okay. And can you just describe for me 15 what this document is? 16 A. This is the Student Driver Training 17 Paperwork. 18 Q. Okay. And just for the record, this is a 19 document produced by defendants in discovery. It's 20 Bates stamped Swift-Julian 000094 through 000101. 21 Okay. And how is this document used at 22 Swift? 23 A. This document is given to the student once 24 they're hired, and it is the responsibility of the 25 student and the mentor to make sure that this TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 37 of 117 Page 54 1 CARL DICHARO * NOVEMBER 18, 2016 2 document is completed during their 200 to 300 hours 3 while in training. 4 Q. And is this document used throughout the 5 United States for all trainees? 6 A. All student drivers, yes. 7 Q. And just in terms of terminology, I keep 8 saying trainees. Is that--is the proper term 9 student driver? 10 A. Student, trainee, they're both the same. 11 Q. Okay. 12 A. I believe we use student more than we do 13 trainee. 14 Q. Got it. So I'll try to use student. If I 15 don't, you know what I'm talking about? 16 A. That's fine. Yes. 17 Q. Okay. So just flipping to Bates number 18 95, the second page of the document. Under Training 19 Expectations, the first category, Hours of Service, 20 the first bullet point. "Student driver must drive 21 maximum number of hours per load whenever legally 22 possible." 23 Then it goes on to say, "Student driver 24 must average a minimum of 40 hours behind the wheel 25 per week." TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 38 of 117 Page 62 1 CARL DICHARO * NOVEMBER 18, 2016 2 work of it, no. 3 Q. How are they different, though, if there 4 is any difference? 5 A. Just our expectations of the mentor during 6 that period. 7 Q. And what are Swift's expectations of the 8 mentor? 9 A. That they help our students with the 10 knowledge and experience and, you know, the--the 11 evaluations that we need to ensure that they can 12 perform the functions of the job. 13 (EXHIBIT 5 WAS MARKED.) 14 Q. Are you familiar with this document? 15 A. Yes. 16 Q. Okay. And what is this document? 17 A. This is our mentor/student guide. 18 Q. Okay. And, for the record, this is a 19 document produced in discovery, Bates stamped 20 Swift-Julian 000525 through Swift-Julian 000611. 21 So this mentor/student guide, is this 22 document distributed by Swift to mentors? 23 A. Once they're certified, yes. 24 Q. And it's not distributed to student 25 drivers, correct? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 39 of 117 Page 63 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. No, it is distributed to students also. 3 Q. Oh, okay. So this document is something 4 that all student drivers receive and all mentors 5 receive? 6 A. Yes. 7 Q. Okay. All right. So then just on Bates 8 number 527. And, actually, before I get into this. 9 This document, this is distributed to all mentors and 10 all student drivers throughout the United States for 11 Swift? 12 A. Yes. 13 Q. Okay. And is it considered a reference 14 guide, much like the employee handbook is? 15 A. Yes. 16 Q. Similar purpose, in that sense? 17 A. Yes. 18 Q. Okay. So on Bates number 527, the 19 introduction reads, "Welcome to the Swift Mentor 20 Certification Program." 21 And I think you alluded to this program 22 before, but is this the name of the program that's 23 used to certify new mentors? 24 A. Swift Mentor Certification Program, yes. 25 Q. Okay. And this is the same program that's TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 40 of 117 Page 70 1 CARL DICHARO * NOVEMBER 18, 2016 2 Q. I see. Okay. And so why would it be so 3 important to have the trainee begin training on the 4 Qualcomm so early in the process? 5 A. Pay purposes would be one. 6 Q. Any other reasons? 7 A. The knowledge of the experience they need 8 to be able to function through the Qualcomm once they 9 get by themselves. 10 Q. And the information put into the Qualcomm, 11 that's also important when it comes to regulatory 12 requirements for Swift; is that right? Hours of 13 service? 14 A. Hours of service is there, yes. 15 Q. So the information put into the Qualcomm, 16 it's sort of a dual purpose, then; it's used for 17 payroll, but it's also used in terms of recordkeeping 18 for regulatory purposes; is that right? 19 A. Are you referring to students or drivers? 20 Q. Both. 21 A. Yeah, for the drivers it's the pay. Or--22 excuse me. For the students it is for pay. For the 23 drivers and the students it is their logbook that is, 24 you know, required by the Department of 25 Transportation. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 41 of 117 Page 71 1 CARL DICHARO * NOVEMBER 18, 2016 2 Q. Okay. And this device is used all 3 throughout the country for Swift, right? 4 A. It's in every truck. 5 Q. Got it. But the driver, the mentor, the 6 nonstudent, Qualcomm is not used for payroll purposes 7 for that person; is that right? 8 A. Yes. 9 Q. And why is that? 10 A. Because they get paid by the mile. 11 Q. Is there any reason why the drivers are 12 paid by the mile and the mentors are paid--or, I'm 13 sorry--and the student drivers are paid by the 14 hours? 15 MR. BARTON: Objection. Foundation. 16 Beyond the scope of his knowledge? 17 THE WITNESS: The students--the miles 18 that each load represents isn't based around the 19 student so--I mean, I don't--I honestly don't 20 know why Swift elected to go to the hourly pay. 21 Q. (BY MR. PILLER) Okay. All right. All 22 right. So then--I think this is towards the middle 23 of these bullet points. It reads, "After week one, 24 the student should be planning the trip, establishing 25 directions, communicating with the driver manager and TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 42 of 117 Page 75 1 CARL DICHARO * NOVEMBER 18, 2016 2 GPS, if that's what you're referring to. 3 Q. Such as, for example, the mentor is 4 driving, he might ask the student to help him with 5 directions in some way; would that ever happen? 6 A. I can't honestly answer that. 7 Q. Okay. So just physically establishing 8 directions, planning the trip, these are tasks that 9 are typically performed in the cab before the truck 10 is moving; is that right? 11 A. Yes. 12 Q. Okay. Are they ever performed outside of 13 the cab? 14 MR. BARTON: Objection. Speculative. 15 THE WITNESS: Again, that's one of them--16 it could if they were at a truck stop. They could go 17 over the directions, sit there while they were, you 18 know, getting fuel or whatever. 19 MR. PILLER: All right. I need to use the 20 restroom, so we're just going to take a brief break 21 and we'll get back to this. 22 (A break was taken from 11:38 a.m. to 23 11:45 a.m.) 24 MR. PILLER: Back on the record. 25 Q. I want to return to the Student Driver TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 43 of 117 Page 76 1 CARL DICHARO * NOVEMBER 18, 2016 2 Training Paperwork exhibit. I can't remember what 3 number it is. On that same page, Bates number 95. 4 The third bullet point under Hours of Service reads, 5 "Student driver, whenever legally possible, must be 6 on-duty not driving and engaged in the learning 7 process; actively studying." 8 Is this another description of Swift's 9 expectation for what goes on in the training period? 10 A. Is it our expectation for them to do what 11 now? I'm sorry. 12 Q. To be on-duty not driving and engaged in 13 the learning process; actively studying, wherever 14 legally possible. 15 A. If they have available time, yes. 16 Q. And that would be Swift's expectation for 17 all trainees across the country? 18 A. Yes. 19 Q. And what does it mean to be engaged in the 20 learning process for a student driver? 21 A. Utilizing the things that we have listed, 22 Qualcomm, for an example. The mentor student guide. 23 Q. So reviewing the training materials, 24 gaining experience with the Qualcomm. What about--25 well, let me back up. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 44 of 117 Page 77 1 CARL DICHARO * NOVEMBER 18, 2016 2 Being engaged in the learning process, 3 could that also include communications with the 4 mentor? 5 A. If it was work-related, it could possibly 6 be that, yeah. 7 Q. Being engaged in the learning process, is 8 that ever not work-related? 9 A. It could be. 10 Q. In what situations could being engaged in 11 the learning process not be work-related? 12 A. If they're off-duty and they don't have 13 any work assignment and they're not physically 14 working and the mentor wants to share knowledge with 15 them. 16 Q. What about studying? The statement here 17 reads, again, "Whenever legally possible, student 18 driver must be on-duty not driving and engaged in the 19 learning process; actively studying." 20 Is actively studying--is that ever not 21 work-related? 22 A. Studying's different than work. If 23 they're using the book to reference something that 24 they're doing right now as a work function, they need 25 to be on duty. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 45 of 117 Page 78 1 CARL DICHARO * NOVEMBER 18, 2016 2 If they're taking their personal time and 3 want to read through the book, I would say that would 4 be the difference. 5 Q. So if the study is not being directly 6 applied to a work task, it's not work-related? 7 MR. BARTON: Objection. 8 THE WITNESS: Again, that would be the--9 I'd have to be in that situation to determine whether 10 it was work-related or not. 11 Q. (BY MR. PILLER) Does Swift have any 12 policies or standards for determining when such tasks 13 are work-related or not work-related? 14 MR. BARTON: Objection. Vague. 15 THE WITNESS: There is no real policy. If 16 they're working, they need to be clocked in. And in 17 the driver's case, they need to be on-duty not 18 driving. 19 Q. (BY MR. PILLER) But then, like you were 20 saying before, it's the case that a student driver 21 could be studying and it wouldn't be related to a 22 work task, and that would be considered by Swift to 23 be off-duty time. 24 A. We wouldn't make that determination. If 25 the driver felt they were working, they needed to be TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 46 of 117 Page 82 1 CARL DICHARO * NOVEMBER 18, 2016 2 Q. What are these required materials? 3 A. I believe it's in the--one of the 4 orientation--it's covered in the orientation. 5 Q. Okay. So maybe we'll get to that later. 6 But those are requirements of Swift for 7 the training program, right? 8 A. To complete, yes. 9 Q. And, if you know, when trainees are 10 actively studying during the training period, where 11 do they typically study? Is it in the cab? 12 A. I couldn't tell you that. 13 Q. Do you know if it's ever in the sleeper 14 berth that they study? 15 A. I--I couldn't tell you that either. 16 Q. Is there any, like--is there any 17 prohibition against studying in the sleeper berth 18 that Swift maintains? 19 A. That Swift? 20 Q. Yes. 21 A. That's the driver's decision on what to do 22 in his sleeper berth. 23 Q. Does Swift have any way of tracking study 24 time? 25 A. No. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 47 of 117 Page 89 1 CARL DICHARO * NOVEMBER 18, 2016 2 was stopped? 3 A. Just the phone review. We still do the 4 reviews, but just the phone communication. Those are 5 done by the actual coordinators. 6 Q. Got it. Okay. The road and written 7 evaluation at 200 miles, what--I'm sorry, let me 8 back up. That is a situation where the driver 9 development person is actually in the truck; is that 10 right? 11 A. No. 12 Q. Oh, no. How do they observe the driving, 13 then? 14 A. The training paperwork. They turn in the 15 training paperwork at 200 hours. 16 Q. Uh-huh. 17 A. And then we administer a written knowledge 18 evaluation, and there is a road evaluation that is 19 then completed. 20 Q. And the road evaluation, how is that 21 conducted? 22 A. That is conducted by one of our certified 23 mentors, not the one that was training that person, 24 but another, and/or our local close quarters 25 training--certified trainers. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 48 of 117 Page 90 1 CARL DICHARO * NOVEMBER 18, 2016 2 Q. And the written evaluation, how lengthy is 3 that? How many pages is it? 4 A. I'm not sure offhand. 5 Q. Is it like a written test? 6 A. Yeah. It's a knowledge test. 7 Q. And for a student driver to perform well 8 on such a test, it would require applying knowledge 9 they learned during the training period, during the 10 orientation and during their study time? 11 A. Yes. More orientation and hands-on 12 experience. 13 Q. How is it that the written test is 14 actually administered? 15 A. How is it what? 16 Q. How is the written test actually 17 administered? In other words, is there a set time 18 when the test is taken? Is it taken in the truck? 19 A. Only--it's not taken in the truck. Only 20 after they have reached that minimum 200 hours, they 21 come in to our office and take the evaluation. 22 Q. I see. And is it a timed evaluation? 23 A. Not currently, no. 24 Q. Okay. So let's move on to page 109 here. 25 And I do want to continue with this--just a couple TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 49 of 117 Page 92 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. It's right below that in that next 3 section, "Additional 50 to 100 hours behind the wheel 4 required." 5 Q. So presumably at this point, the 6 training--the student driver has already completed 7 their 200, at least, hours behind the wheel. They've 8 taken a written evaluation. They haven't met the 9 80 percent standard. And so then they need an 10 additional 50 to a hundred hours behind the wheel to 11 complete before they can become a full-time driver 12 for Swift; is that right? 13 A. Yes. 14 Q. Okay. And that's consistent throughout 15 Swift's U.S. operations, right? 16 A. Yes. 17 Q. And is it also the case that in addition 18 to having to do an additional 50 to a hundred hours 19 behind the wheel, they also must take the written 20 test again? 21 A. Yes. 22 Q. And then hopefully that time they pass the 23 test at over 80 percent? 24 A. Yes. 25 Q. Okay. So these other two requirements, TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 50 of 117 Page 93 1 CARL DICHARO * NOVEMBER 18, 2016 2 the first bullet point, "Score below 75 points on the 3 performance assessment"--now, what is the 4 performance assessment? 5 A. That is the evaluation that the mentor is 6 completing based on the 25 performance functions that 7 are in the mentor's student guide. 8 Q. Okay. And just like with the written 9 evaluation, a score below 75 points requires them to 10 complete the additional 50 to a hundred hours of 11 behind-the-wheel training. And do they then also 12 have to complete the written evaluation again? 13 MR. BARTON: Objection. Go ahead. 14 THE WITNESS: We won't--if they fall 15 below 75 points, we won't even evaluate them. 16 Q. (BY MR. PILLER) So they just need to go 17 ahead and do the additional training? 18 A. Yes. 19 Q. Is that right? 20 A. That's correct. 21 Q. Okay. And then the Unsatisfactory Road 22 Evaluation. So what makes a road evaluation 23 satisfactory as opposed to unsatisfactory? 24 A. Passing the minimum standards. 25 Q. What are the minimum stands for a road TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 51 of 117 Page 94 1 CARL DICHARO * NOVEMBER 18, 2016 2 evaluation? 3 A. There is a copy of the road evaluation in 4 one of the forms. I thought I seen it. 5 Q. It would have been helpful for me to pull 6 it out when I got it, but unfortunately I did not. 7 A. I don't think it's in any of these forms. 8 (Discussion off the record.) 9 Q. So just as a general matter, what are the 10 kinds of things that would lead to an unsatisfactory 11 road evaluation? 12 A. Unsafe practice, you know, while they're 13 out there. While that evaluation is being completed, 14 if they do anything that's unsafe, the road eval is 15 stopped. If they have things that are acceptable 16 but--but needs more improvement, they'll mark that. 17 Q. So is there sort of a zero tolerance 18 policy for unsafe practice? 19 A. Yeah, zero tolerance. 20 Q. What about performance when it comes to 21 nonsafety-related duties? For example, how is the 22 road evaluation assessing--well, actually, let me 23 back up for a second. 24 Are there any nonsafety-related aspects of 25 driving that the road evaluation is assessing? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 52 of 117 Page 95 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. No. 3 Q. So it's mostly just a safety test? 4 A. (Witness nods head.) 5 Q. Or it's entirely a safety test? 6 A. Road evaluation is their ability to 7 perform our standard expectation behind the wheel. 8 And there are categories that we're grading on on 9 that road evaluation. 10 Q. And all those categories pertain to 11 safety? 12 A. Not necessarily. There are some things in 13 there that are, you know, just guiding the ability to 14 do the function at hand. 15 Q. Can you give an example of a nonsafety 16 related? 17 A. I would have to look at the form. 18 Q. Okay. These three assessments are 19 performed on all student drivers for Swift throughout 20 the United States, though, correct? 21 A. Correct. 22 Q. Does Swift communicate, other than this 23 PowerPoint, that they--I'm sorry. Let me back up. 24 So as part of the orientation, Swift 25 communicates to student drivers that if they fail to TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 53 of 117 Page 96 1 CARL DICHARO * NOVEMBER 18, 2016 2 meet these requirements, that they'll have to perform 3 additional training; is that right? 4 A. This is in orientation, correct. 5 Q. Are there any other instances when this is 6 communicated to the student drivers? 7 A. As far as their training period? Just in 8 the training paperwork, the evaluation itself. 9 Q. Are the mentors ever instructed to remind 10 trainees of their evaluations at the end of the 11 training period? 12 A. It's hands-on, their evaluation. So 13 they're getting those results at each benchmark. 14 They're sharing that feedback with them to help 15 improve. 16 Q. In other words, the trainees' duties in 17 many ways are guided by the ultimate evaluation at 18 the end of the training period? 19 A. Say that again, please. 20 Q. The trainees' duties are guided by the 21 ultimate evaluation at the end of the training 22 period. 23 A. What do you mean by "guided"? 24 Q. Well, as a trainee, with the knowledge 25 that an evaluation--a failed evaluation could lead TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 54 of 117 Page 103 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. Are we still on the--3 Q. Same document, yeah. Okay. So this page 4 of the PowerPoint reads "Student's Role." It goes on 5 to list, "Be willing to learn, practice new skills 6 daily, ask questions and take notes, be open to 7 feedback, learn from mistakes, live the Swift values, 8 work closely with driver development, focus on 9 safety." 10 Is this a description of Swift's 11 expectations for how a student--for what a 12 student's role is during their training period? 13 A. Is it the--Swift's expectation? It's 14 just defining, you know, really, their role. 15 Q. As Swift sees it? 16 A. It's not--I mean, it's just basically 17 giving them bullet points on what--you know, what 18 to focus on while they're out there. 19 Q. Okay. And one of these items is ask 20 questions and take notes. Is that referring to 21 communications between the mentor and the student or 22 between the coordinator and the student? 23 A. It could be anybody. 24 Q. So is it Swift's expectation that the 25 student driver will be taking notes throughout the TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 55 of 117 Page 104 1 CARL DICHARO * NOVEMBER 18, 2016 2 process? 3 A. It's--it's suggesting that they do that 4 to help them learn. 5 Q. Okay. All right. I just want to close 6 the loop on a couple of other pages here. So back to 7 page 119. It reads, "Students have three nights of 8 lodging available during training, not to exceed more 9 than two consecutive nights." 10 Is this referring to a benefit provided, a 11 per diem-type lodging benefit? 12 A. Is it provided as a benefit? Is that--13 Q. Is Swift paying for them to stay at a 14 hotel or a motel--15 A. No. 16 Q.--three nights? 17 A. No. What we're doing here is explaining 18 what our motel policy is. 19 Q. Okay. And so--20 A. If it's needed. It's not something that 21 happens. 22 Q. So the policy is that during the training 23 period students shouldn't spend more than three 24 nights in a motel. 25 MR. BARTON: Objection. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 56 of 117 Page 105 1 CARL DICHARO * NOVEMBER 18, 2016 2 THE WITNESS: Uh-huh. Correct. 3 Q. (BY MR. PILLER) Okay. And they shouldn't 4 exceed more than two consecutive nights in a motel, 5 right? 6 A. Right. 7 MR. BARTON: Same objection. 8 Q. (BY MR. PILLER) That's Swift's policy? 9 MR. BARTON: Objection. 10 THE WITNESS: Yes. 11 Q. (BY MR. PILLER) Okay. Does that then 12 mean that all the other nights during the training 13 period the student driver is sleeping in the sleeper 14 berth? 15 A. If--if they're working and they're doing 16 the job, then that's where they would stay normally. 17 This motel policy is mainly if the truck's not 18 available. So if they were broke down, for an 19 example, then our motel policy comes into play. 20 Q. Okay. We'll get to the sleeper berth a 21 little bit later in more detail, but I'm just 22 wondering; the sleeper berth, what does it actually 23 look like physically? 24 A. There's different sleeper berths. 25 Sleeper--you're talking about the cab of the truck? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 57 of 117 Page 107 1 CARL DICHARO * NOVEMBER 18, 2016 2 side of the space and another bed on the other side 3 of the space? 4 A. I don't know if you call it bunk beds, but 5 there are two beds in each tractor, and one's top and 6 one's bottom and I think--I do believe they 7 reference them bunks, top bunk, bottom bunk. 8 Q. When someone is the sleeper berth, is it 9 possible to communicate with the other person in the 10 truck? 11 A. Yeah. I would say yes. It's a small, 12 little area. 13 MR. BARTON: Is this a good time to break? 14 MR. PILLER: Give me, like, five or ten 15 minutes. We're almost done with this. 16 MR. BARTON: I told somebody I would jump 17 on a call at about 12:30 so--18 MR. PILLER: We can take a break now. 19 That's fine. 20 MR. BARTON: Let's do that now if that's 21 all right. 22 (A break was taken from 12:32 p.m. to 23 1:36 p.m.) 24 Q. (BY MR. PILLER) Mr. Dicharo, you 25 understand you are still under oath, correct? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 58 of 117 Page 119 1 CARL DICHARO * NOVEMBER 18, 2016 2 Victor Malchesky's area. 3 Q. (BY MR. PILLER) So, Mr. Dicharo, I 4 understand you're not necessarily familiar with the 5 hours of service regulations. However, you are 6 familiar, though, with the difference between on 7 duty, off-duty, on-duty not driving and driving, 8 those categories that are reported in the hours of 9 service log, correct? 10 A. Yes. 11 Q. And so there is a PowerPoint here which I 12 will introduce as an exhibit, Exhibit 8, I believe. 13 (EXHIBIT 8 WAS MARKED.) 14 Q. So before we get into the document, the 15 question I have for you is--we've already discussed 16 today that there are certain categories that can be 17 logged into the Qualcomm. If I'm not mistaken, 18 they're driving, on-duty not driving, off-duty, 19 sleeper berth. Are there any other categories--I'm 20 sorry, before I get into that. Are those the four 21 categories that you are familiar with that can be 22 logged into the Qualcomm? 23 A. Yes. 24 Q. There is no other categories that you are 25 aware of? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 59 of 117 Page 151 1 CARL DICHARO * NOVEMBER 18, 2016 2 is. 3 Q. Step one is pick up; is that right? 4 A. Well, of course, there is a lot of things 5 that lead into that, and that's kind of why--you 6 know, it's hard to say what that day is. There is 7 trip planning, there's, you know, pre-trip 8 inspection. 9 Q. Well, so start from the beginning. What 10 comes before the pickup? 11 A. What? 12 Q. What comes before the pickup, then? 13 A. I mean, it depends. If I'm on duty, we're 14 getting a load assignment. I mean, kind of help me 15 with what you're asking there. 16 Q. Well, I'm assuming that the person is on 17 duty, okay? 18 A. Okay. 19 Q. It's a trainee, they are on duty. 20 They're--the task is to pick up the load and 21 ultimately transport the load to the destination. 22 Would the first task then be trip planning? 23 A. It's hard to say what--I mean, it could 24 be--they could have already logged in on duty and 25 did their pre-trip inspection. I mean, things change TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 60 of 117 Page 152 1 CARL DICHARO * NOVEMBER 18, 2016 2 every minute of the day out there. And if it's work 3 related, you have to change your log accordingly. 4 Q. So, not in any particular order, but some 5 of the tasks that would need to be completed before 6 pickup might include pre-trip inspection? 7 A. Pre-trip inspection, trip planning. You 8 know, getting the load assignment. Going to pick up 9 the load. 10 Q. What's involved in going to pick up the 11 load? 12 A. What involves in that? 13 Q. What is involved in that? 14 A. Trailer. I mean, there is trailer 15 requirements. There's requirements on the trailer. 16 Pre-trip the trailer. I mean, it could be a number 17 of things that could happen from A to Z. 18 Q. Is the trailer already filled with goods 19 for transport or--20 A. If they're on their way to pick it up. 21 Q. But the truck drivers are not the ones 22 actually loading the goods into the trailer? 23 A. Generally, no. 24 Q. But they're responsible for connecting the 25 trailer to the tractor? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 61 of 117 Page 153 1 CARL DICHARO * NOVEMBER 18, 2016 2 A. They're responsible for what? 3 Q. Connecting the trailer to the tractor. 4 A. (Witness nods head.) 5 Q. Okay. So then let's say they've gotten to 6 the point where the trailer is connected to the 7 tractor. What's the next part of the journey? 8 A. Securing the trailer. Locking the doors. 9 Going to the customer. Backing in the dock. Get 10 loaded. 11 Q. These are all things that are necessary 12 for transporting any load? 13 A. Any load. Generally, yes. 14 Q. So after those tasks are complete, you're 15 on the road, correct? 16 A. After they've gotten loaded, then 17 generally, yeah, they are on the road. 18 Q. So then they transport the load and--19 until they get to the destination, there may be stops 20 for refueling, correct? 21 A. Correct. 22 Q. Any other stops? 23 A. They could stop for anything. 24 Q. Restroom? 25 A. Water. Restroom. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 62 of 117 Page 154 1 CARL DICHARO * NOVEMBER 18, 2016 2 Q. And once they reach the final destination, 3 what happens then? 4 A. Generally speaking, they check in, 5 security, customer. 6 Q. Is that going to be on the customer's 7 premises or some other facility? 8 A. It could be somewhere else. Drop yard. 9 One of our terminals. 10 Q. Okay. So it depends, but it needs to be a 11 secure location? 12 A. Yes. 13 Q. Okay. So you check in with the customer. 14 Then what's the next step after that? 15 A. They give you their expectations. Maybe a 16 door. Then you back into the door. Wait to be 17 unloaded. Then get everything signed off on. 18 Q. So then when everything is signed off and 19 unloaded, what's the next step? 20 A. Leave the premises. Maybe another 21 assignment has already come in. 22 Q. Okay. If another assignment has come in, 23 would they then travel to whatever terminal or 24 location is necessary to pick up the load? 25 A. Depending on the timing, you know. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 63 of 117 Page 155 1 CARL DICHARO * NOVEMBER 18, 2016 2 Q. Subject to legal requirements? 3 A. Yeah. 4 Q. Yes? 5 A. Yes. 6 Q. And then that would be the same for 7 transporting any load? 8 A. Any load. 9 Q. Okay. All right. One other question. So 10 this phrase "Log what you do and do what you log," is 11 that a phrase that the driver development department 12 came up with? 13 A. No. I don't know who came up with that 14 phrase. I mean, that's one that I personally use for 15 all of my years of service. 16 Q. So I know you mentioned before that any 17 work time should be logged as on duty. Is that 18 right? 19 A. That is our expectation. 20 Q. Does Swift provide any instruction or 21 guidance to trainees in orientation as to what the 22 difference is between work time and non-work time? 23 A. I'm not familiar with what they say in 24 orientation. 25 Q. Are you familiar with any instruction TSG Reporting-Worldwide 877-702-9580 EXHIBIT 5 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 65 of 117 Page 1 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE DISTRICT OF ARIZONA 3 PAMELA JULIAN, on his own behalf) 4 and on behalf of all others) similarly situated,) 5) Plaintiffs,) 6) vs.) No. 2:16-CV-00576-ROS 7) SWIFT TRANSPORTATION, INC., and) 8 SWIFT TRANSPORTATION CO. OF ARIZONA,) LLC,) 9) Defendants.) 10) 11 12 13 14 DEPOSITION OF JACK WORKMAN 15 16 17 Phoenix, Arizona December 7, 2016 18 10:15 a.m. 19 20 21 22 23 REPORTED BY: Kristy A. Ceton, RPR 24 AZ Certified Court Reporter No. 50200 25 Job No. 116232 TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 66 of 117 Page 16 1 JACK WORKMAN 2 this, and we looked at what we currently had and 3 looked at changes that needed to be made. 4 Q. Got it. 5 Do you remember any particular changes 6 that were made after that HIKE? 7 A. I think we got more on board with 8 uniformity, so to speak, because we have 28 locations 9 and some of them weren't accurately, I guess, 10 covering some of the material, which we now have a 11 locked-down presentation after that HIKE. 12 Q. So part of the purpose of the HIKE was to 13 make sure that the materials were standardized across 14 all of the locations? 15 A. Yeah. And update anything that was 16 outdated. 17 Q. Got it. 18 So now, all the materials that are 19 covered in orientation are standardized throughout 20 Swift's operations? 21 A. Yes. 22 Q. Okay. And that goes for the curriculum? 23 A. Yes. 24 Q. What about the materials provided in 25 orientation? Are those standardized--TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 67 of 117 Page 17 1 JACK WORKMAN 2 A. Yes. 3 Q.--across Swift's U.S. operations? 4 A. Yes. Sorry. 5 Q. No problem. 6 Why was it important to standardize these 7 materials? 8 A. Well, we had a lot of confusion, I guess, 9 on what some of our drivers, to where they might go 10 to one location and ask a question and then go 11 somewhere else and get a different answer based on a 12 perspective there. So we have a standard curriculum 13 and orientation now that's spread throughout our 27, 14 28 terminals. I forget exactly how many. It's close 15 to within one or two of the number throughout the 16 country. 17 Q. Okay. All right. 18 And so your current title, what is your 19 current title? 20 A. I'm the new driver on-boarding leader. 21 Q. And are you in a particular department at 22 Swift? 23 A. I'm in the recruiting department. 24 Q. Recruiting. 25 And so the recruiting department, what TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 68 of 117 Page 22 1 JACK WORKMAN 2 Q. Just one question comes to mind. 3 So when you travel to other--I guess 4 other terminals--5 A. Uh-huh. 6 Q. Is that a yes? 7 A. Oh, yes. I'm sorry. When I travel to 8 other terminals. Okay. 9 Q.--that's where the gemba walks are 10 taking place at the other terminals? 11 A. Or I could be going there for training a 12 new employee or whatever. Helping them fit into 13 their new organizational skills. 14 Q. So when you're traveling to the other 15 terminals, are you also observing to make sure that 16 the orientation programs are being run smoothly at 17 these other terminals? 18 A. Correct. 19 Q. And part of that would be to make sure 20 that the same curriculum is being communicated to the 21 students? 22 A. Yes. 23 Q. Okay. Are you aware of any differences 24 in the way that the curriculum is administered across 25 different regions? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 69 of 117 Page 23 1 JACK WORKMAN 2 A. I am not. I mean, everybody's going to 3 present a little differently, but it's the same 4 curriculum. 5 Q. Got it. Okay. I'm going to mark this as 6 Exhibit 11, I think is the number we're on. 7 (Exhibit 11 was marked for identification.) 8 THE WITNESS: Okay. 9 Q. BY MR. PILLER: All right. So have you 10 seen this document before, Mr. Workman? 11 A. Only one section. 12 Q. And what section is that? 13 A. This one right here. 14 Q. Got it. Okay. 15 So, Mr. Workman, this is a--I'll 16 represent this is a deposition notice. Your 17 deposition--notice of your deposition of Swift's 18 Person Most Knowledgeable Pursuant to Federal Rules 19 of Civil Procedure Rule 30(b)(6) and Rule 34. 20 Mr. Workman, do you understand that 21 you're here to testify on behalf of Swift today? 22 A. Yes. 23 Q. And do you understand that you're 24 speaking on behalf of Swift as its person most 25 knowledgeable regarding topic 1 under the matters for TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 70 of 117 Page 27 1 JACK WORKMAN 2 Q. Okay. So I just want to get into the 3 orientation program in a little more detail. 4 A. Uh-huh. 5 Q. So I'm correct that Swift maintains an 6 orientation program for new drivers, right? 7 A. Yes. 8 Q. And what is that program called? 9 A. Orientation. 10 Q. That's a creative title? 11 A. I'm sorry. I don't know what else to 12 call it. It's orientation. 13 Q. All right. So no specific title. Just 14 orientation? 15 A. Uh-huh. 16 Q. All right. And how many days does the 17 orientation last? 18 A. Well, orientation itself is actually two 19 days, but they're there for three because the first 20 day is a--like a finish-up qualification day. 21 Q. What's involved in finishing up the 22 qualification process? 23 A. So, one of the areas when they come into 24 the orientation is if we have an applicant that needs 25 to get a physical or we do have to drug screen all. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 71 of 117 Page 28 1 JACK WORKMAN 2 If the applicant needs a road test or road evaluation 3 to see if they're at the level just for us to put 4 them out in Carl's team with mentors. That's all 5 prequalifications, so to speak. It's finishing up 6 the qualification to attend orientation on day 2 and 7 3. 8 Q. And so day 2 and 3, though, are focused 9 on the curriculum? 10 A. Yes. 11 Q. How many hours per day? 12 A. Generally, it's about eight. 13 Q. And this is taking place at the Swift 14 terminals? 15 A. Yes. 16 Q. And how many terminals are there, if you 17 know? 18 A. I would say--Like I say, it's anywhere 19 from 26 to 28, probably. 24. I don't know. I've 20 opened and closed a couple of them, so I couldn't 21 give you an accurate--I know when I started the 22 position, there were 28. I think we're probably down 23 to maybe about 25, 26 now. 24 Q. That's all throughout the United States? 25 A. Yes. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 72 of 117 Page 30 1 JACK WORKMAN 2 A. Yes. Uh-huh. 3 Q. Are there ever any other accompanying 4 handouts that are provided to the trainees during 5 this PowerPoint presentation? 6 A. I would say during log class, we give 7 them the off-duty authorization during that class. 8 Q. That's just one piece of paper? 9 A. Yeah. 10 Q. It's not like a study guide or a summary 11 of the material; is that right? 12 A. No. Huh-uh. 13 Q. So you don't provide--14 A. It just says they're allowed to go off 15 duty. 16 Q. So it's not a learning tool? 17 A. No. 18 Q. Okay. Are there any learning tools in 19 paper form that are provided to the trainees during 20 orientation? 21 A. Well, we have our--our orientation 22 workbook that we give out to follow along and fill in 23 during orientation. We have several books that we 24 give out, so to speak. We give out FMCSR. Federal 25 Motor Carrier Safety Regulations. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 73 of 117 Page 31 1 JACK WORKMAN 2 We give out a HAZMAT guide. We have a 3 HAZMAT book that's put out by JJ Keller with kind of 4 a test that we go through with them. 5 We have our Quick Notes, which is a 6 document that provides--Well, it's more like a 7 little book. It gives like terminal information. It 8 shows pretrips. It shows various things that we feel 9 are important to a new driver. 10 Q. Is the driver handbook distributed at 11 orientation? 12 A. The driver manual is, yes. 13 Q. Driver manual. 14 And I think you mentioned the FMCSR. Is 15 that--Are you speaking about an actual book 16 containing all of the written regulations from the 17 Federal Motor Carrier Safety Act? 18 A. Yes. And driver development hands that 19 out, now that I think about it. 20 Q. I'm sorry. Say that one more time. 21 A. Driver development hands that out. We 22 don't do it at orientation anymore. We changed that 23 not too long ago. I didn't remember that. 24 Q. And these materials are provided at all 25 orientations throughout the country? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 74 of 117 Page 32 1 JACK WORKMAN 2 A. Yes. 3 Q. And what's the purpose of providing the 4 FMCSR regulations? 5 A. So that if the driver has any type of 6 issue, they are able to refer to that book to look up 7 pretty much anything that involves regulations. 8 Q. And compliance with the Federal Motor 9 Carrier Safety Act regulations is a very important 10 part of the job, right? 11 A. Yes. Yes. 12 Q. And I think you mentioned some 13 orientation paperwork--or, I don't know if you used 14 a different word for it. But some sort of document 15 that the trainees fill out during orientation? 16 A. Correct. It's our workbook. 17 Q. The workbook. 18 Is that something that the trainees are 19 required to fill out and then submit after the 20 orientation? 21 A. No. It's--it's a document that they 22 are supposed to fill out during orientation, and it's 23 a book that they can refer back to once they're out 24 on the road. We don't--we don't get it back. 25 Q. Are there any of these materials that the TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 75 of 117 Page 33 1 JACK WORKMAN 2 trainees are supposed to submit back to Swift after 3 orientation, or are they all provided just for the 4 trainees to keep? 5 A. No, we don't get anything back from our 6 applicants in orientation. Everything we give them 7 is information for them to take with them. 8 Q. Do you know approximately how many 9 trainee truck drivers are participating in the 10 orientation program in the United States at a time? 11 A. We have a daily report, but I couldn't 12 tell you what it is without looking at it. 13 Q. But that's information that could be 14 found in Swift's records; is that right? 15 A. I'm sure it can, yeah. 16 Q. Are the trainees paid for the time they 17 spend in orientation? 18 A. For day 2 and 3, yes. 19 Q. But not for the qualification day? 20 A. Correct. 21 Q. Do you know why that is? 22 A. Well, let's say an applicant changes 23 their mind, we just qualified them to go work for 24 another carrier. So everything they do on day 1 is 25 something they can use elsewhere as well. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 76 of 117 Page 38 1 JACK WORKMAN 2 You know, how are you going to get from point A to 3 point B safely and on time. 4 Q. I wonder if you could just go step by 5 step, point A to point B, what is--what is the 6 process that the trainee will have to do in making a 7 trip? 8 A. Well, first, they've got to make sure 9 they have the hours to do it. We have a system in 10 place, our dispatch system, I believe, is where we 11 have planners that plan the trips and our applicants 12 or our drivers, I should say at that point, they get 13 that information on their Qualcomm. They review it. 14 They see basically how many miles. Where they've got 15 to go. They can verify that they're permitted to 16 travel in the states depending upon what they're 17 carrying. 18 Looking at where truck stops might be. 19 Where they're going to stop and sleep. Whatever the 20 case may be. I think I mentioned permits. 21 And then they will--once they determine 22 whether they can or can't do it, they send back a 23 message on the Qualcomm, what's called Macro 9, and 24 they either accepted the load or they didn't or they 25 can put in a counteroffer. So it's really up to the TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 77 of 117 Page 39 1 JACK WORKMAN 2 driver, in general, if they're going to take the load 3 or not. 4 Q. So let's say they accept the load and 5 they've already determined that they're--they have 6 the hours and that they can make the trip. At that 7 point, I'm thinking about a trainee and mentor and a 8 team. Would they then start driving to the 9 destination? 10 A. Well, it depends on where they're at. 11 They might have to go get the load first. 12 Q. So--13 A. If they just, you know, like, if I 14 finished a load in Tucson, and I got a dispatch to 15 pick up here in Phoenix, I got to deadhead up here to 16 Phoenix to pick the load up. That's all part of the 17 planning process. 18 Q. So they pick the load up, and then they 19 begin the journey to the final destination? 20 A. Correct. 21 Q. And then during the trip, they may stop 22 at a truck stop to sleep; is that right? 23 A. Yeah. 24 Q. But they might also, you know, have the 25--have one of the either the mentor or the trainee TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 78 of 117 Page 40 1 JACK WORKMAN 2 drive while the other person is in the sleeper berth 3 and the truck's moving, right? 4 A. Correct. 5 Q. And then before they reach their final 6 destination, there may be other tasks that need be to 7 completed; is that right? 8 A. Well, yeah. 9 Q. What are those tasks? 10 A. If they get a flat, they're going to have 11 to call for service. If they need fuel, they've got 12 to stop for fuel. If they get pulled into any scale 13 outs, or port of entry in the United States, they're 14 going to have to pull in there. And if they undergo 15 an inspection, whatever the case may be. I mean, 16 there's various things that are done. 17 Q. And then they reach their final 18 destination and they deliver the load; is that right? 19 A. Yeah. 20 Q. So those are the basic duties of the 21 trainee truck driver? 22 A. Well, during that process, they want to 23 learn how to plan trips and watch things that are 24 being done. Learn how to use the Qualcomms. You 25 know, all that is done during the process of TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 79 of 117 Page 41 1 JACK WORKMAN 2 delivering a load. I mean, it's not--I don't want 3 to make--assume hey, pick up and go there. I mean, 4 there's things that need to be done, yes. 5 Q. I'm sure it's certainly a complicated 6 process and there's a lot of learning, I'm sure--7 A. Uh-huh. 8 Q.--involved. 9 Are there any other tasks, duties, that 10 you haven't mentioned? 11 A. Well, you've got to stop and eat and 12 shower and, you know, regulated by hours of service. 13 You've got to take mandatory breaks here and there. 14 Q. So then all those duties you've just 15 discussed, those are the--those duties are 16 consistent for all trainees in Swift's operations, 17 right? 18 A. I would assume, yeah. 19 Q. All right. So I know that your area of 20 expertise isn't orientation. But if you don't have 21 knowledge on this subject, just, you know, answer to 22 the best of your ability. 23 MR. BARTON: I'm getting my objection 24 ready. I love the last line, though, because I don't 25 care, but, yeah, let's try and focus on his area. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 80 of 117 Page 42 1 JACK WORKMAN 2 Go ahead. 3 MR. PILLER: Okay. So don't worry. I 4 will be focusing on his area. 5 THE WITNESS: Okay. 6 Q. BY MR. PILLER: So I know you were a 7 truck driver and you transported loads yourself. But 8 is there a range that you can give me approximately 9 how long it takes to complete a trip? I know there's 10 some trips that take a long time and some that don't 11 take as long. But is there a range? 12 MR. BARTON: Objection. 13 Go ahead. 14 THE WITNESS: Again, that's one of those 15 deals, it depends on how long the trip is. How many 16 days you've got to get there. I mean, there's too 17 many variables you're asking me. Every trip is 18 different. Driving from here to Tucson is different 19 than driving here to Orlando. 20 Q. BY MR. PILLER: So from here to Orlando, 21 we're talking several days, a several day trip? 22 A. Probably, yeah. 23 Q. And during the training period, is it 24 common for trainees to have trips that last more than 25 24 hours? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 81 of 117 Page 43 1 JACK WORKMAN 2 MR. BARTON: Objection. Foundation. 3 Beyond the scope. 4 Go ahead, if you know. 5 THE WITNESS: I would assume so, yeah. 6 Q. BY MR. PILLER: Does Swift require 7 trainees to be on duty for more than 24 hours at a 8 time? 9 MR. BARTON: Objection. Foundation. 10 Beyond the scope. 11 THE WITNESS: I can still answer? 12 MR. BARTON: Yeah, if you can. 13 THE WITNESS: Can you repeat that 14 question? 15 Q. BY MR. PILLER: Does Swift require 16 trainees to be on duty for more than 24 hours at a 17 time? 18 A. No. 19 MR. PILLER: All right. So, David, you 20 might be getting a couple of objections ready. 21 MR. BARTON: Okay. 22 MR. PILLER: We're just going to ask a 23 couple of questions about Exhibit 6. It's a previous 24 exhibit. 25 MR. BARTON: Okay. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 82 of 117 Page 50 1 JACK WORKMAN 2 most inappropriate conduct. What we found is, and I 3 don't want to make it seem like it's in a negative 4 area because it kind of--they kind of bring it out 5 and it covers, like, our rider policies, that 6 benefits the driver, pet policy, that kind of stuff. 7 Q. Okay. 8 A. It's like in policies and inappropriate 9 conduct are kind of in the same area, so... 10 Q. Are the trainees told during orientation 11 how to use this manual during their training process 12 and then after training? 13 MR. BARTON: Objection. Vague. 14 But go ahead. 15 THE WITNESS: I wouldn't say this is an 16 actual--this is how the book works. It's a book. 17 Open it up and read it. 18 Q. BY MR. PILLER: Are the trainees told, 19 for example, This is a manual. You can reference it 20 if you have questions? 21 A. Yeah. 22 Q. And would you say that it contains all of 23 the policies that are applicable to trainees that 24 Swift maintains? 25 A. Without reading the entire book, I would TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 83 of 117 Page 51 1 JACK WORKMAN 2 say that it does, yes. I haven't read the whole 3 book, so I really can't answer that accurately. 4 Q. Okay. If you could turn to page 251. 5 That's the Bates number in the lower right-hand 6 corner, not the number that's on the manual itself. 7 A. Are you talking about the Julian one? 8 Q. That's right. Yeah. So 251. I'm just 9 getting it myself. Okay. 10 So the heading there reads section 4, 11 "Driver leader and dispatch expectations"? 12 A. Yes. 13 Q. First of all, what is the driver leader? 14 MR. BARTON: Objection. Foundation. 15 Beyond the scope. 16 Go ahead. 17 THE WITNESS: Once a--And I'm going 18 to, I guess, use the word trainee would be the best 19 or student driver is upgraded into solo status. They 20 are moved into--out of Carl's fleet and into driver 21 development fleet and moved into the operations fleet 22 at that point. And the driver leader would basically 23 be their manager. 24 Q. BY MR. PILLER: Okay. And the trainees 25 are having regular contact with the driver leader? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 84 of 117 Page 53 1 JACK WORKMAN 2 showing new applicants how to utilize their time and 3 manage their time because with the hours of service 4 that are in place, if they mismanage their time, it 5 could actually, you know, prevent them from making 6 money. 7 Q. BY MR. PILLER: So would the goal be to 8 spend as much time on duty and/or driving without 9 incurring hours of service violation--10 MR. BARTON: Same objection. 11 Q. BY MR. PILLER:--if possible? 12 A. Well, I would--I mean, I can only speak 13 for myself on this one. As a driver, I want to be 14 driving the truck because that's how I get paid. 15 Q. Okay. Is the idea of maximizing hours 16 something that is communicated in orientation? 17 MR. BARTON: Objection. Same objection. 18 THE WITNESS: We would go through those 19 steps in trip planning, basically. 20 Q. BY MR. PILLER: What do you mean by that? 21 A. I mean by learning how to plan a trip for 22 your day, where you're going to stop, that kind of 23 thing, so you don't--24 Let's say there's extra time on a load, 25 you don't get to the customer and sit outside their TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 85 of 117 Page 54 1 JACK WORKMAN 2 parking lot for the next six hours or show up late 3 because you might have mismanaged your time because 4 now, due to hours of service, you're required to 5 stop. 6 Q. Okay. I imagine that, you know, through 7 the trip planning process and maximizing your 8 available hours, that also increases the efficiency 9 of your work, right? 10 A. Yeah. 11 Q. And, in theory, that could increase the 12 amount of total loads that you could transport during 13 a training period? 14 A. Yeah. I would assume so. 15 Q. And so that would be a benefit to the 16 driver and to Swift, right? 17 A. Correct. 18 Q. Probably going to come back to this 19 handbook at some point later. You can put it aside 20 for now. 21 So I want to return to another exhibit 22 that has been used previously. This is Exhibit 4. 23 Student driver training paperwork. It's Bates No. 24 SWIFTJULIAN000094 through 000101. Take a moment to 25 review it. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 86 of 117 Page 57 1 JACK WORKMAN 2 not in the driver development area. Obviously, like, 3 I referred back to, we want our drivers driving 4 legally as much as possible because that's how they 5 get their experience. 6 Q. BY MR. PILLER: And then this third 7 bullet point stating "Student driver, whenever 8 legally possible, must be on duty, not driving, 9 engaged in a learning process, actively studying." I 10 take it then Swift also would like its trainees to be 11 on duty, not driving, and engaged in the learning 12 process, actively studying whenever legally possible 13 as well; is that right? 14 A. Yes. 15 Q. And what's the reason for that? 16 A. There's a lot to know. 17 Q. So a lot of studying is necessary? 18 A. Yeah. I mean, yeah. There's just a lot 19 to know. 20 Q. When it comes to the studying, what kind 21 of subjects are we talking about the trainees study? 22 A. They can be looking at, you know, 23 planning trips on their own. You know, the mentor 24 shows them how to do it. Now, let's see if I can do 25 it. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 87 of 117 Page 70 1 JACK WORKMAN 2 correct? 3 A. Yes. 4 Q. All right. So I understand that time 5 worked by trainees is tracked using the Qualcomm 6 device; is that right? 7 A. Yes. 8 Q. And this time is logged in a few 9 different categories, right? Or there are--I'm 10 aware of four categories: Driving; on duty not 11 driving; off duty; and sleeper berth? 12 A. Duty statuses, yes. 13 Q. Duty statuses. 14 Four duty statuses, and the four 15 different duty statuses that trainees might log their 16 time into the Qualcomm? 17 A. Yes. 18 Q. Okay. And I think you mentioned before 19 that teaching trainee drivers how to log time is an 20 important part of orientation, right? 21 A. Yes. 22 Q. And so part of the reason why it's 23 important is just because they need to know the hours 24 of service rules; is that right? 25 A. Uh-huh. Yes. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 88 of 117 Page 71 1 JACK WORKMAN 2 Q. It's important to make sure their hours 3 of service are accurate; is that right? 4 A. Yes. 5 Q. Another reason is that they're paid based 6 on the time that they logged in the Qualcomm; is that 7 right? 8 A. Yes. 9 Q. Any other reasons why it's an important 10 part of the orientation process? 11 A. Well, we need to make sure that our 12 drivers remain legal, obviously. 13 Q. And if drivers are not legal, then that 14 hurts Swift because they're not able to operate, 15 right? 16 A. In some cases. 17 Q. So is the main reason why the hours of 18 service regulations are covered in orientation 19 because of concerns about regulatory compliance for 20 the drivers? 21 MR. BARTON: Objection. 22 THE WITNESS: Do you want to repeat that? 23 Q. BY MR. PILLER: Is the main reason that 24 the hours of service are covered in orientation 25 because of concerns about regulatory compliance for TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 89 of 117 Page 72 1 JACK WORKMAN 2 the trainee drivers? 3 A. Yes. 4 MR. BARTON: Same objection. I didn't 5 quite get it in there. 6 THE WITNESS: I'm sorry. 7 MR. BARTON: That's all right. Give me a 8 chance to object. 9 THE WITNESS: I'm sorry. 10 Q. BY MR. PILLER: All right. So I'm going 11 to move on to Exhibit 7, which is the Driver 12 Orientation Workbook. It's Bates No. 13 SWIFTJULIAN000311 through SWIFTJULIAN000342. Take a 14 moment to familiarize yourself with it. 15 A. I'm familiar with it. 16 Q. All right. Okay. 17 So I just want to start with page 315. 18 And, actually, before I get to the specific page, I 19 just want to make sure I understand. Is this 20 document used in orientation? 21 A. Yes. 22 Q. And how is it used in orientation? 23 A. We hand it out at the beginning of 24 orientation and throughout the presentation, there's 25 areas that are being covered that we ask our drivers TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 90 of 117 Page 74 1 JACK WORKMAN 2 orientation about this requirement, right? 3 A. Yes. 4 Q. And, specifically, they need to take the 5 10 consecutive hours off duty before they can drive 6 again after 11 hours of driving or 14 hours of 7 driving or otherwise on duty, right? 8 A. Yes. 9 Q. Okay. And I think you mentioned earlier 10 that trainees sometimes are on trips during the 11 training period that require them to be sleeping in 12 the truck and in the truck for more than 24 hours; is 13 that right? 14 MR. BARTON: Objection. Foundation. 15 THE WITNESS: Well, for a--I don't know 16 how--I don't recall that area. 17 But, first of all, it's impossible to be 18 in a truck for 24 hours. You have to stop and take 19 breaks. You have to stop and use the rest room 20 facility. Shower. Fuel. 21 Q. BY MR. PILLER: Right. 22 So I guess a better way to phrase it is, 23 there will be times when the trainee with their 24 mentor, maybe they'll stop for fuel or stop for the 25 rest room or to take a break, but they'll be sleeping TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 91 of 117 Page 75 1 JACK WORKMAN 2 in the truck. They won't be staying in a hotel--3 MR. BARTON: Objection. Foundation. 4 Q. BY MR. PILLER:--is that right? 5 A. Yeah. 6 MR. BARTON: Objection. Foundation. 7 Q. BY MR. PILLER: Okay. So then am I 8 correct that sometimes during the training period, 9 these 10 consecutive off-duty hours will have to be 10 spent inside the truck? 11 MR. BARTON: Objection. Foundation. 12 Beyond the scope. 13 THE WITNESS: I do not recall when the 14 rules changed, but I know they can have two hours off 15 duty in that 10 consecutive hours with 8 consecutive 16 hours in the sleeper berth. 17 Q. BY MR. PILLER: Okay. And then under 18 those circumstances, would those two hours off duty, 19 that would be part of this continuous 10 hours 20 straight of off duty? 21 MR. BARTON: Objection. Vague. 22 Foundation. Beyond the scope. 23 THE WITNESS: Yes. 24 Q. BY MR. PILLER: Okay. And the 10 25 consecutive hours, including the 8-hour period in the TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 92 of 117 Page 76 1 JACK WORKMAN 2 sleeper berth and then the 2 hours off duty, all 10 3 of those hours could be spent in the truck, right? 4 MR. BARTON: Objection. Speculative. 5 Vague. Foundation. Beyond the scope. 6 Go ahead. 7 THE WITNESS: Well, yeah. The 10 hours 8 can be in the truck, but they can't log the off-duty 9 time--well, yeah, they can, if they're in the front 10 seat for the two hours. 11 Q. BY MR. PILLER: So the off-duty time, 12 that would be immediately preceding the 8-hour 13 sleeper berth time or immediately after the 8-hour 14 sleeper berth time. I think you just mentioned, it 15 could be spent in the passenger seat; is that right? 16 A. Yes. 17 Q. Any other part of the truck where it 18 could be spent? 19 A. The off-duty time? 20 Q. Yes. 21 A. In the truck? 22 Q. Yeah. 23 A. No. 24 Q. Is there any requirement that some 25 portion of this 10 hours of off-duty time be spent in TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 93 of 117 Page 77 1 JACK WORKMAN 2 the sleeper berth? 3 MR. BARTON: Objection. Foundation. 4 Beyond the scope. 5 THE WITNESS: If an applicant is in the 6 sleeper berth, they need to be logged in the sleeper 7 berth. 8 Q. BY MR. PILLER: But there's no rule that 9 some portion of this 10 hours consecutive off-duty 10 time needs to be in the sleeper berth? 11 MR. BARTON: Objection. Foundation. 12 Beyond the scope. 13 THE WITNESS: If the truck is in motion, 14 they would need to be in the sleeper because I can 15 take 10 hours off and go get a hotel room, if I want. 16 Q. BY MR. PILLER: Okay. But, in any event, 17 some portion of this 10-hour off-duty time could be 18 spent in the passenger seat, right? 19 MR. BARTON: Objection. Speculation. 20 Vague. 21 THE WITNESS: The two hours. 22 Q. BY MR. PILLER: Is this two-hour period 23 during which trainees can log off duty in the 24 passenger seat immediately preceding a sleeper berth 25 period of eight hours or immediately following a TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 94 of 117 Page 78 1 JACK WORKMAN 2 sleeper berth period of eight hours, is there any 3 instruction given in orientation as to whether to log 4 that time as off duty or not? 5 A. We have examples in the log presentation. 6 Q. What are those examples? 7 A. I would have to refer back to the 8 presentation. 9 Q. So trainees, though, are instructed that 10 they can log themselves as off duty during those 11 two-hour periods? 12 A. Right. 13 Q. Is there any instruction provided in 14 orientation as to what the trainees should be doing 15 during those two-hour periods? 16 A. Well, they're off duty, so they might 17 just be enjoying the scenery. I mean, if they're 18 doing any type of learning, they can't do that. They 19 need to be on duty and not driving. 20 Q. Is there any instruction provided in 21 orientation as to whether time should be considered 22 engagement in learning versus enjoying the scenery? 23 A. I'm not sure I understand what you're 24 asking. 25 Q. How is it--How are trainees instructed TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 95 of 117 Page 85 1 JACK WORKMAN 2 A. Yes. 3 Q. So the definition--or, while--I'm 4 sorry. Let me back up. 5 The text in the box to the right reads, 6 "Driver relieved of all responsibility and not 7 required to be in work readiness or team. Up to two 8 hours riding in passenger seat immediately preceding 9 or following an eight-hour sleeper berth period." 10 Is this Swift's definition of off-duty 11 time? 12 A. Well, it's Swift's responsibility and 13 FMCSR. 14 Q. But this isn't the text of the FMCSA, 15 right? 16 MR. BARTON: Objection. Foundation. 17 THE WITNESS: No. I would--I would say 18 it's not. 19 Q. BY MR. PILLER: This is something that 20 Swift put together? 21 A. This is something to define the legal 22 jargon in the FMCSRs. 23 Q. So it's sort of Swift's interpretation--24 Well, let me back up here. 25 This is Swift's language, though, TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 96 of 117 Page 88 1 JACK WORKMAN 2 want to walk down there. 3 Q. So, generally, being in work readiness 4 means not being able to go do what you want? 5 A. Correct. 6 Q. And that's the instruction provided at 7 orientation? 8 A. Yes. 9 Q. Okay. And so I know we already discussed 10 the second part of this definition. The team. Up to 11 two hours riding in passenger seat immediately 12 preceding or following an eight-hour sleeper berth 13 period. When the student is in that passenger seat 14 while off duty, they can't go do what they want, can 15 they? 16 MR. BARTON: Objection. Foundation and 17 vague. 18 THE WITNESS: They can't leave the truck, 19 obviously, if it's moving. 20 Q. BY MR. PILLER: Would it be important for 21 them during that two-hour period for them to remain 22 awake for safety purposes? 23 A. Well, an extra set of eyes on the road. 24 I mean, I have my wife sitting next to me when I'm 25 driving my pickup and she's talking away. If she TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 97 of 117 Page 91 1 JACK WORKMAN 2 MR. BARTON: Speculation. 3 Go ahead. 4 THE WITNESS: So, basically, what I guess 5 what I'm understanding is, so if I'm sitting in a 6 truck stop, okay, the vehicle's not in motion, I'm 7 not doing my 10-hour break. Mentor is inside taking 8 a shower, eating, I got done early, I come back and I 9 sit in the passenger seat of the truck, that's off 10 duty. 11 Q. BY MR. PILLER: So when the truck is 12 moving, would it ever be appropriate to log as off 13 duty when you're in the passenger seat if you're not 14 in this two-hour period preceding or following the 15 sleeper berth? 16 A. No. 17 Q. That's because the truck is moving and 18 what other reasons? 19 A. I don't think there is any other reasons. 20 The truck is moving. They can't get out of the 21 truck. I mean, like I say, they're either working or 22 they're not. 23 Q. Okay. All right. So line 2. Even 24 easier. This is sleeper berth, correct? 25 A. Yes. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 98 of 117 Page 92 1 JACK WORKMAN 2 Q. Okay. And the text to the right reads, 3 "Any off-duty time resting in the sleeper berth." 4 Again, is this Swift's definition of what it means to 5 be in the sleeper berth? What it means to log in the 6 sleeper berth? 7 A. Without looking at the actual definition 8 in the Federal Motor Carrier Regulations, I'm going 9 to say it's either exact or very close to being what 10 is written in the FMCSRS. 11 Q. So this is all based on what's written in 12 the FMCSR, correct? 13 A. Yeah. 14 Q. That's what's driving these definitions? 15 A. Correct. 16 Q. Okay. That would include off-duty time, 17 on-duty time, sleeper berth, correct? 18 A. Yes. 19 Q. Okay. All right. So I take it this is 20 the definition that's used in orientation, right? 21 A. Uh-huh. Yes. I'm sorry. Yes. 22 Q. And so any off-duty time resting in the 23 sleeper berth, what is the meaning of "resting"? 24 A. Well, I would assume that's different for 25 every person. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 99 of 117 Page 93 1 JACK WORKMAN 2 Q. So not necessarily sleeping, right? 3 A. Yeah. It doesn't say "sleeping." It 4 says "resting." Reading a book. Watching TV. 5 Whatever. 6 Q. So Swift doesn't concern itself with how 7 people spend their time in a sleeper berth; is that 8 right? 9 A. Well, it's considered off duty, so it's 10 not really our business. 11 Q. Are trainees instructed at orientation as 12 to what they can or cannot do in a sleeper berth? 13 A. No. 14 Q. Are they told not to do anything in a 15 sleeper berth during orientation? 16 A. Well, they shouldn't be working. 17 Q. What about studying? Are they told not 18 to study when they're in the sleeper berth? 19 A. They're not specifically told not to 20 study, but I would go back to what we've already said 21 several times. That if they're working, they log it 22 "on duty, not driving." 23 Q. So it's possible for somebody who is in 24 the sleeper berth to communicate with the person who 25 is driving, right? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 100 of 117 Page 96 1 JACK WORKMAN 2 MR. BARTON: Objection. Speculation. 3 THE WITNESS: I don't know. 4 Q. BY MR. PILLER: In orientation, are 5 trainees told, "If you perform work in the sleeper 6 berth, you're going to have to log it"? Is that 7 something they're told? 8 A. Again, it goes back to if you're 9 performing anything work-related, you're on duty, not 10 driving. The physical location doesn't matter. You 11 have to log it. 12 Q. So there's no instruction provided in 13 orientation that trainees should not go ahead and 14 perform work in the sleeper berth just so they can 15 maintain the 10 consecutive hours of off duty? 16 MR. BARTON: Objection. Vague. 17 THE WITNESS: Not that I'm aware of. 18 Q. BY MR. PILLER: Okay. So just as a 19 general matter, though, the trainees are required to 20 be in the sleeper berth for some portion of time 21 during the training period, right? It's not like the 22 trainee could spend the whole training period without 23 ever going in the sleeper berth, right? 24 A. No. They're going to be in the sleeper 25 at one point or another. They've got to get rest. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 101 of 117 Page 97 1 JACK WORKMAN 2 Q. And why is it important for them to be 3 well rested? 4 MR. BARTON: Objection. Foundation. 5 THE WITNESS: I don't know. You, as a 6 driver, do you want somebody driving an 80,000-pound 7 truck next to you that's fatigued? 8 Q. BY MR. PILLER: So a better rested driver 9 is safer, right? 10 A. Yes. 11 Q. And a better rested driver would 12 presumably be more efficient at doing their job, 13 right? 14 MR. BARTON: Objection. 15 THE WITNESS: I would assume so. 16 Q. BY MR. PILLER: And the sleeper berth 17 time is also important because the DOT hours of 18 service regulations require some sleeper berth time 19 before a trainee can resume driving, right? 20 MR. BARTON: Objection. Foundation. 21 Beyond the scope. Speculation. 22 If you can, answer. 23 THE WITNESS: Trying to figure out a way 24 to answer this. I don't think there's any required 25 amount of time that somebody has to be in a sleeper TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 102 of 117 Page 98 1 JACK WORKMAN 2 berth for their off-duty time. Because, again, if I 3 want to go out there every day and spend the money on 4 a hotel room, I'm still getting my 10 hours off, but 5 I'm not logging the sleeper berth because that's not 6 where I'm at. 7 Q. BY MR. PILLER: I thought you said 8 Swift's policy was that--no more than two 9 consecutive nights at a hotel, though, for a trainee? 10 A. No. That's when the mentor is on home 11 time. 12 Q. So, otherwise, there's no limit on the 13 amount of time a trainee can spend in hotel rooms? 14 Spend the night in a hotel throughout the whole 15 training period? 16 A. As long as a truck is doing what it needs 17 to be doing and continue with the trip properly, they 18 can go to one every night if they want to. 19 If the mentor is on home time in Florida 20 and the applicant lives in Arizona, we don't want 21 them there for more than two nights in a row. But if 22 the applicant is doing their 10 hours, leaving the 23 next day, have a good trip. 24 Q. So when the trainee and the mentor are on 25 the truck at the same time, another thing that the TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 103 of 117 Page 99 1 JACK WORKMAN 2 sleeper berth does, is it allows someone to sleep 3 while the other person is driving the truck, right? 4 A. Yes. 5 Q. And that would allow the truck to be more 6 efficient because it would let one person drive while 7 the other person is getting their off-duty time and 8 then vice versa, right? 9 A. Yes. 10 Q. I assume that would allow the team to 11 complete their trip more quickly than if it wasn't a 12 two-person team? 13 A. Yeah. 14 Q. So in that sense, having the sleeper 15 berth available, that benefits Swift, right, because 16 it allows the trip to be completed more efficiently, 17 right? 18 A. Say that again. 19 Q. I think we--I think you just testified 20 that it allows the trip to be completed more quickly, 21 the fact that there's a sleeper berth available and 22 in a team situation, one person can be driving while 23 the other person is in the sleeper berth? 24 A. Yes. 25 Q. And so my question is, does that benefit TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 104 of 117 Page 100 1 JACK WORKMAN 2 Swift by making the loads transported more quickly? 3 A. Yeah. I guess, yeah. 4 Q. You guess? 5 A. I would say yes. But the--I don't want 6--I don't want--because I'm taking the impression 7 that the sleeper berth is there for team trucks and 8 that's not the case. 9 Q. Right. 10 But in a situation with a team truck, the 11 sleeper berth provides that value, right? 12 A. Yes. 13 Q. Okay. Is this one of the reasons why 14 Swift uses the team model? 15 MR. BARTON: Objection. Vague. 16 THE WITNESS: I have no idea. 17 MR. BARTON: Foundation. 18 Q. BY MR. PILLER: Maybe I can ask the 19 question in a little bit more detailed way. 20 The benefits that we just discussed that 21--making the trips more efficient and quicker--22 MR. BARTON: I'm going to object. This 23 is well, well beyond the scope of his expected 24 testimony. So I'm going to instruct him not to 25 answer at this point. I don't know where we're TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 105 of 117 Page 101 1 JACK WORKMAN 2 coming with on benefits to Swift from sleeper berths, 3 but it's not something that he is identified as a 4 witness for Swift on. So I'm going to instruct him 5 not to answer. 6 MR. PILLER: Okay. Well--7 MR. BARTON: Let's get back to the 8 topics. 9 MR. PILLER: I understand the 10 instruction. You know, I would say that this 11 deposition, part of it, is determining policies 12 pertaining to the amount of time that training truck 13 drivers spend off duty. As we know, sleeper berth 14 time is off duty, and it's logged as off duty. It's 15 another form of off-duty time. 16 So these questions are getting at the 17 determination of whether--you know, what the nature 18 of this sleeper berth time is. 19 MR. BARTON: I disagree. You asked about 20 policies and procedures and guidelines pertaining to 21 time spent off duty. But that doesn't--what you're 22 asking now is whether some kind of a benefit to Swift 23 with regard to the sleeper berth. How does that fit 24 that definition at all? 25 MR. PILLER: Well, if sleeper berth is TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 106 of 117 Page 102 1 JACK WORKMAN 2 suffering and permitting training trainees to--3 MR. BARTON: If you want to ask him what 4 the policies are, that's fine. What the procedure 5 is, that's fine. What the guidelines and practices 6 are, that's fine. But don't ask him whether it's a 7 benefit to Swift. 8 MR. PILLER: Well, this is getting 9 directly at the reasons for these policies in the 10 first place. I don't think that's totally unrelated. 11 MR. BARTON: You didn't ask him about the 12 reasons for the policies. You said, What are the 13 policies, guidelines, procedures, and practices? 14 MR. PILLER: I didn't use those magic 15 words, no. I think we have a disagreement about the 16 scope. 17 MR. BARTON: That's fine. 18 MR. PILLER: But if you're going to 19 instruct him not to answer, I'm going to proceed with 20 the next section here. 21 MR. BARTON: Thank you. 22 MR. PILLER: All right. So I think I 23 have about another hour or so. We can--I'm not 24 going to guarantee that. It could be an hour and a 25 half. So if we want to take a quick lunch break. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 107 of 117 Page 127 1 JACK WORKMAN 2 A. No. 3 Q. Is it considered on duty, any training? 4 A. No. Required training. 5 Q. So only required training is considered 6 on duty? 7 A. Correct. 8 Q. So nonrequired training is not considered 9 on duty? 10 A. Huh-uh. 11 Q. Okay. All right. 12 So, Mr. Workman, besides your attorneys, 13 have you communicated with anyone about this case? 14 A. Huh-uh. No. Sorry. 15 Q. That's all right. I should be on top of 16 that. 17 All right. I'm just going to take a 18 moment to look through some of my notes. 19 MR. BARTON: Sounds good. 20 (A break was taken at 2:07 p.m.) 21 Q. BY MR. PILLER: Okay. I just have one 22 more question. 23 So, Mr. Workman, are you aware of any 24 policy as to whether study time is considered off 25 duty or on duty by Swift? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 108 of 117 Page 128 1 JACK WORKMAN 2 A. Can you repeat that? I didn't catch the 3 first part. 4 Q. Are you aware of any Swift policy 5 pertaining to trainee study time during the training 6 period? 7 A. No. 8 MR. PILLER: All right. I have no 9 further questions. 10 MR. BARTON: Okay. Thank you. Read and 11 sign. 12 (The proceedings concluded at 2:10 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25 TSG Reporting-Worldwide 877-702-9580 EXHIBIT 6 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 110 of 117 STUDENT NAME: DRIVER CODE: HOME TERMINAL: DRIVER DEVELOPMENT COORDINATOR: COORDINATOR’S NUMBER: MENTOR NAME: MENTOR CODE: TRUCK NUMBER: Rev 08/16/2016 CONFIDENTIAL SWIFT-Julian.000094 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 111 of 117 TRAINING EXPECTATIONS HOURS OF SERVICE-Student driver must drive maximum number of hours per load whenever legally possible-Student driver must average a minimum of 40 hours behind the wheel (BTW) per week-Student driver, whenever legally possible, must be on duty, not driving and engaged in the learning process; actively studying. o Mentor/Student Driver Guide and other training materials o Qualcomm ○ OS&D expectations o Practice coupling/uncoupling of trailer ○ Fuel Routing o Practice adjusting the tandems ○ Chaining o Trip Planning, Time Management, Paperwork Handling o Pre-trip and Post-trip Inspections DRIVER LOGS-Student will utilize the E-log program from day one, becoming proficient before completing training. o Student will approve E-logs daily and submit the electronic Driver Vehicle Inspection Report (DVIR).-Student shall maintain paper logs parallel to the electronic logs for the ENTIRE duration of the training phase. o Changes of Duty status must be logged at the change of duty and match the student’s electronic log. o Do not sign the log and write "Student Training Log Only" in the remarks area. o Driver Development will review these logs when student reports to release to solo status. o Student driver required to scan logs ONLY if Qualcomm tractor unit is offline. Rev 08/16/2016 CONFIDENTIAL SWIFT-Julian.000095 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 112 of 117 Failure To Obey Acknowledgement Form "Failure to obey a traffic control device" means the driver has not obeyed a recognized, legal traffic device such as a speed limit sign, traffic light, pavement markings, lane restriction, or entrance into a Port of Entry or open Department of Transportation inspection station. Behaviors which contribute to a driver failing to obey a traffic control device are:-Not trip planning to identify DOT inspection stations or Ports of Entry.-Not understanding how a pre-pass works-Not scanning ahead-Not reading approaching signs-Failure to identify a "stale" green light-Distracted while driving and Fatigue Consequences for failing to obey a traffic control device are:-Citations o Points on license o Fines start at $100.00 and can go above $1000.00-Points added to the driver’s CSA score-Added delays at inspection stations-Points added to Swift Transportation’s CSA score-Risk analysis points issued to your Swift Transportation driver record-A written performance counseling report from Swift Transportation Answer these questions correctly to indicate your knowledge on how to avoid our most frequent citation. 1. Provide three (3) types of traffic control devices? a. ___________________________________________________________________________ b. ___________________________________________________________________________ c. ___________________________________________________________________________ 2. What are some of the consequences for failing to obey a traffic signal? ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________ 3. What behaviors can lead to failing to obey a traffic control device? ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________ Rev 08/16/2016 CONFIDENTIAL SWIFT-Julian.000096 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 113 of 117 STUDENT DRIVER CODE: ____________ STUDENT TRAINING LOG Training Today’s # of Today’s BTW Total BTW Approved Date Today’s Focus/Goal Backings Hours Hours E-Logs Day 1 Yes/No Day 2 Yes/No Day 3 Yes/No Day 4 Yes/No Day 5 Yes/No Day 6 Yes/No Day 7 Yes/No Day 8 Yes/No Day 9 Yes/No Day 10 Yes/No Training Today’s # of Today’s BTW Total BTW Approved Date Today’s Focus/Goal Backings Hours Hours E-Logs Day 11 Yes/No Day 12 Yes/No Day 13 Yes/No Day 14 Yes/No Day 15 Yes/No Day 16 Yes/No Day 17 Yes/No Day 18 Yes/No Day 19 Yes/No Day 20 Yes/No Training Today’s # of Today’s BTW Total BTW Approved Date Today’s Focus/Goal Backings Hours Hours E-Logs Day 21 Yes/No Day 22 Yes/No Day 23 Yes/No Day 24 Yes/No Day 25 Yes/No Day 26 Yes/No Day 27 Yes/No Day 28 Yes/No Day 29 Yes/No Day 30 Yes/No Training Today’s # of Today’s BTW Total BTW Approved Date Today’s Focus/Goal Backings Hours Hours E-Logs Day 31 Yes/No Day 32 Yes/No Day 33 Yes/No Day 34 Yes/No Day 35 Yes/No Day 36 Yes/No Day 37 Yes/No Day 38 Yes/No Day 39 Yes/No Rev 08/16/2016 CONFIDENTIAL SWIFT-Julian.000097 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 114 of 117 STUDENT PERFORMANCE ASSESSMENT MENTOR EVALUATION SCORE 1 2 3 4 SCORING BTW 50 BTW 100 BTW 150 BTW 200 BTW 250 BTW 300 Read and Interpret Control Systems Perform Vehicle Inspections Fueling Procedures Exercise Basic Control Execute Shifting Back and Dock Tractor-Trailer Couple Trailer Uncouple Trailer Perform Visual Search Manage and Adjust Vehicle Speed Manage and Adjust Vehicle Space Relations Check and Maintain Vehicle Systems and Components Diagnose and Report Malfunctions Identify Potential Driving Hazards and Perform Emergency Maneuver Identify and Adjust to Difficult and Extreme Driving Conditions Handle and Document Cargo Deal with Accident Scenes and Reporting Procedures Deal with Environmental Issues Plan Trips and Make Appropriate Decisions Use Effective Communication and Public Relations Skills Manage Personal Resources and Deal with Life on the Road Record and Maintain Hours of Service Requirements Qualcomm Theft Prevention Flatbed Tarping and Tie Down Procedures (Flatbed only) Commentary Driving and Drill Driving SCORE Mentor Initials 1 = Does Not Meet Expectations Student does not perform the basic functions of this task 2 = Needs Improvement Student performs some of the functions of the task but needs assistance to complete task 3 = Meets Expectations Student successfully performs the functions of the task according to the standard 4 = Exceeds Expectations Student successfully performs the functions of the task, going above and beyond standard CONFIDENTIAL SWIFT-Julian.000098 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 115 of 117 Provide feedback of student’s strong points at Each benchmarked BTW hour. BTW 50 BTW 100 BTW 150 BTW 200 BTW 250 BTW 300 Provide feedback of any additional road development needed at Each benchmarked BTW hour. BTW 50 BTW 100 BTW 150 BTW 200 BTW 250 BTW 300 Provide feedback of any additional backing development needed at Each benchmarked BTW hour. BTW 50 BTW 100 BTW 150 BTW 200 BTW 250 BTW 300 ACKNOWLEDGEMENT OF COMPLETION OF TRAINING PROGRAM MENTOR: SIGNATURE DATE CODE STUDENT: SIGNATURE DATE CODE CONFIDENTIAL SWIFT-Julian.000099 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 116 of 117 STUDENT BACKING LOG Mentors and students to discuss the importance of ensuring all areas around equipment are free of any objects or people prior to moving/backing equipment. If you lose sight of your co-driver or spotter, stop and GET OUT AND LOOK (GOAL), and make sure it is safe. A minimum of 40 successful backings are REQUIRED to release to solo. Time City & of Mentor’s Date State Position Day G.O.A.L. Comments Initial 1 Straight Day Y N 2 Straight Day Y N 3 Straight Day Y N 4 Straight Day Y N 5 Straight Day Y N 6 Straight Day Y N 7 Straight Day Y N 8 Straight Day Y N 9 Straight Day Y N 10 Straight Day Y N 11 Straight Night Y N 12 Straight Night Y N 13 Straight Night Y N 14 Straight Night Y N 15 Straight Night Y N 16 Angle Day Y N 17 Angle Day Y N 18 Angle Day Y N 19 Angle Day Y N 20 Angle Day Y N 21 Angle Day Y N 22 Angle Day Y N 23 Angle Day Y N 24 Angle Day Y N 25 Angle Day Y N 26 Angle Night Y N 27 Angle Night Y N 28 Angle Night Y N 29 Angle Night Y N 30 Angle Night Y N 31 Blind Day Y N 32 Y N 33 Y N 34 Y N 35 Y N 36 Y N 37 Y N 38 Y N 39 Y N 40 Y N CONFIDENTIAL SWIFT-Julian.000100 Case 2:16-cv-00576-ROS Document 60-2 Filed 01/06/17 Page 117 of 117 STUDENT REEFER LOG Training Tractor Trailer Date Number Number Location Pre-Trip? Chute? Codes? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 CONFIDENTIAL SWIFT-Julian.000101

Exhibit 7 to Declaration of Joshua Konecky

EXHIBIT 7 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 2 of 88 Table of Contents Driver Development Mission 1 Company Values 1 Company Mission 1 Introduction 2 Truck Rules 3 Primary Functions or Duties: Professional Tractor-Trailer Driver 4 Skills Standards 5 Read and Interpret Control Systems 5 Performance Vehicle Inspections 6 Exercise Basic Control 9 Execute Shifting 10 Back and Dock Tractor-Trailer 11 Couple Trailer 14 Uncouple Trailer 15 Perform Visual Search 16 Manage and Adjust Vehicle Speed 17 Mange and Adjust Vehicle Space Relations 18 Check and Maintain Vehicle Systems and Components 19 Diagnose and Report Malfunctions 20 Identify Potential Driving Hazards and Perform Emergency Maneuvers 21 Identify and Adjust to Difficult and Extreme Driving Conditions 22 Handle and Document Cargo 25 Deal with Accident Scenes and Reporting Procedures 26 Deal with Environmental Issues 29 Plan Trips and Make Appropriate Decisions (with Exercises) 30 Use Effective Communications and Public Relations Skills 48 Manage Personal Resources and Deal with Life on the Road 49 Record and Maintain Hours of Service Requirements 54 Reference Materials Qualcomm 56 Swift Decision Driving (SDD) 57 SDD: Speed Appropriate for Conditions 58 SDD: Watch Other Motorist and Pedestrians 62 SDD: Indicate Your Intentions 65 SDD: Follow Other Vehicles Safely 68 SDD: Take the Path of Least Resistance 71 Driving Commentary: 10 Keys 73 Drill Drive Exercise 74 Save Work Methods 76 Clutch Use and Shifting 77 Mentor Guidelines and Expectations 81 Notes 83 0 CONFIDENTIAL SWIFT-Julian.000525 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 3 of 88 Driver Development Mission: Through our "Best in Class" Mentoring program we develop safe, professional, long-term, committed drivers. Together, we develop a culture where every driver will aspire to work for Swift, and every current driver will work proudly because they are part of the Swift family. The Values That Guide Us: ETHICS: Do the "right thing" and always encourage others to do the right, honest and ethical things. RESPECT: Treat others with the same personal and professional consideration we expect for ourselves. BALANCE: Manage your time for both business and personal success. WINNING ATTITUDE: Have a "can-do" attitude. Be positive, upbeat and focused. We are winners. COMMUNICATION: Share information, ask questions, listen effectively, speak thoughtfully, and let ideas live. DEVELOPMENT: Learn from each other. Teach, coach, and listen. Create an environment where everyone can be a "star." TEAMWORK: Value different viewpoints. Execute the agreed-upon plans. Together everyone achieves more! CHANGE: Accept it. Embrace it. Initiate it. Do everything better, faster and more value added. INITIATIVE: Seek opportunities. Use good judgment. Take intelligent risks. Champion ideas. ACCOUNTABILITY: Know your responsibilities. Live up to your commitments. TRUST: There’s nothing faster than the speed of trust! Extend it, cherish it, build it! SAFETY: Choose to make safety a personal value. Think SAFE, Act SAFE, Be SAFE. CHARITY: Do your best at improving the quality of life for our employees, our families and the communities where we live and work. Swift Mission: At Swift Transportation, our mission is to attract and retain customers by providing Best in Class transportation solutions and fostering a profitable, disciplined culture of safety, service and trust. 1 CONFIDENTIAL SWIFT-Julian.000526 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 4 of 88 Introduction Welcome to the Swift Mentor Certification Program. As a Mentor, no one has a more profound effect on the future of Swift than you do. When a Student gets on your truck, they are in a strange, new environment. All are starting a new career; some because they want to, some because they are displaced workers and some who are simply starting over or making a mid-life career change. Which one you mentor does not matter because they are equally impressionable. Their first impression of you, Swift and the trucking industry is in your hands. This certification program was created to ensure that our direction, leadership and training are focused in the right direction and achieve optimal results. This program will unite the Driver Development Department, Mentors, Students and Operations as key components of Swift’s Vision. This book is to be used as a guide and referenced throughout the training process and throughout your Mentoring career. Keep it with you and read it each time you train a new driver. 2 CONFIDENTIAL SWIFT-Julian.000527 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 5 of 88 Truck Rules The following list is intended to keep both the Mentor and Student safe, clean and professional. Prior to getting on the truck the Mentor and Student should review these, as you will both have to live by them for the next few weeks. 1. ______________________________________________________ 2. ______________________________________________________ 3. ______________________________________________________ 4. ______________________________________________________ 5. ______________________________________________________ 6. ______________________________________________________ 7. ______________________________________________________ 8. ______________________________________________________ 9. ______________________________________________________ 10.______________________________________________________ 11.______________________________________________________ 12.______________________________________________________ 13.______________________________________________________ 14.______________________________________________________ 15.______________________________________________________ 3 CONFIDENTIAL SWIFT-Julian.000528 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 6 of 88 Primary Functions or Duties: Professional Tractor-Trailer Driver A professional tractor-trailer driver should be able to perform the following functions: 1. Read and interpret control systems 2. Perform vehicle inspections 3. Exercise basic control 4. Execute shifting 5. Back and dock tractor-trailer 6. Couple trailer 7. Uncouple trailer 8. Perform visual search 9. Manage and adjust vehicle speed 10. Manage and adjust vehicle space relations 11. Check and maintain vehicle systems and components 12. Diagnose and report malfunctions 13. Identify potential driving hazards and perform emergency maneuvers 14. Identify and adjust to difficult and extreme driving conditions 15. Handle and document cargo 16. Deal with accident scenes and reporting procedures 17. Deal with environmental issues 18. Plan trips and make appropriate decisions 19. Use effective communication and public relations skills 20. Manage personal resources and deal with life on the road 21. Record and maintain Hours of Service requirements 4 CONFIDENTIAL SWIFT-Julian.000529 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 7 of 88 SKILL STANDARDS FOR PROFESSIONAL SOLO TRACTOR-TRAILER DRIVERS PERFORMANCE SKILL: READ AND INTERPRET CONTROL SYSTEMS PERFORMANCE SKILL STANDARD Conditions of Performance: While seated at the controls of the truck that the driver will operate. Statement of Work to Be Performed: The driver will identify, locate, read and correctly interpret the vehicles instruments and controls. Performance Criteria:  Identify and locate each of the vehicular driving controls and the various monitoring devices (gauges, alarms, lights, etc.) required to operate the vehicle safely and efficiently, Section 4 of the Driver Manual.  Read instruments and gauges accurately.  Operate, control and switch correctly each time.  Supplement gauge and control information with other data.  Make appropriate adjustments for all types of company-specific equipment and operations. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA 1. Identify, locate, read and operate each of the primary controls, including those required for steering, accelerating, shifting, braking and parking. 2. Identify, locate, read and operate each of the secondary controls, including those required for control of lights, signals, windshield wipers and washers, interior climate, engine starting and shutdown, suspension and coupling. 3. Identify, locate, read, operate and indicate the acceptable reading range of the various instruments required to monitor vehicle and engine speed as well as the status of fuel, oil, air, cooling, exhaust and electrical systems. 4. Augment with displayed information from other sources, given that instruments may malfunction or not be entirely accurate. 5. Make appropriate adjustments for company-specific equipment, especially for various transmissions, engines, types of trailers, types of loads, and other factors. 6. Identify typical problem points in equipment specific to Swift’s fleet. 5 CONFIDENTIAL SWIFT-Julian.000530 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 8 of 88 PERFORMANCE SKILL: PERFORM VEHICLE INSPECTIONS PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer truck and a trip, Statement of Work to Be Performed: The driver will conduct pre-trip, en route, and post-trip inspections of all types and correctly complete required reports. Performance Criteria:  Inspect and make a correct determination of the condition of various critical vehicle components, including instruments and controls; engine and drive train; chassis and suspension; steering system, braking system; tires; wheels and rims; lighting and signaling system; emergency equipment; and cargo securement device(s).  Perform pre-trip inspections in a regular, systematic sequence that is legal, accurate, uniform, and time efficient using pre-trip inspection outline in driver quick notes and Section 4 of the Driver Manual.  Perform en route inspections by checking mirrors for signs of trouble; checking connections, hoses, and gauges; and monitoring instruments and looking, listening, and feeling for indications of malfunctions.  Make periodic roadside stop inspections of critical items, and meet en route requirements for transporting various cargoes.  Perform post-trip inspections by making accurate notes of actual and suspected component abnormalities or malfunctions that occurred during the trip using a Daily Vehicle Inspection Report (DVIR)(Macro32).  Refuse to operate a vehicle found to be in unsafe (for vehicle, drivers, and other road users) operating condition, either prior to a trip or en route.  Deal with issues such as vehicle registration, permits, tags, road-based inspections, border crossings, scaling, and other situations. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Perform each type of inspection according to rules and policy and as adjusted for specific equipment or cargo. 2. Inspect and determine the condition of critical vehicle components, including the instrument and controls, engine and drive train, chassis and suspension, steering system, braking system, coupling system, emergency equipment, and cargo securement devices. 3. Perform pre-trip inspections in a regular, systematic sequence that is legal, accurate, uniform, and time efficient using pre-trip inspection outline in driver quick notes. 4. Perform en route inspections by checking mirrors for signs of trouble, monitoring instruments and looking, listening, and feeling for malfunctions, making periodic roadside inspections of critical components, and meeting en route requirements for transporting all types of cargo. 5. Perform post-trip inspections by making accurate notes of actual and suspected component abnormalities or malfunctions, accurately complete required reports (Macro 32) in a timely fashion. 6. Deal effectively with all types of external inspections such as road-based inspections and border crossings, as well as issues such as permits, tags, vehicle registration. 6 CONFIDENTIAL SWIFT-Julian.000531 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 9 of 88 TRAINING PRE-TRIP INSPECTION CHECKLIST Tr# 1_______2_______3_______4_______5_______6_______7_______8_______9_______ 10______11______12______13______14______15______16______17______18______ Check Daily Days of the week to be checked: Mon Tues Wed Thur Fri Sat Sun Walk Reefer – Check Around setting, record temp at reefer Record temp, unit. Do a pre-trip at rear door. on reefer. Reefer Fuel – Check and record fuel level. Never let it drop below a quarter tank. Tires – Check the Windows Lights & Reflectors – Leaks – Look for water, Coupling Devices – tread, rims, lugs, & Mirrors Turn on headlights and oil, gas, transmission or Check glad hands, lines pressure and overall – Not four-way flashers. Check other fluid leaks under the and electrical plug. condition. Check mud cracked the high and low beams vehicle. Check fifth wheel and flaps also. or broken. on the headlights. trailer pin setting. Under Hood – Check fluids, oil, coolant and washer. Check Check front brakes, hoses, shocks, springs, etc. Check belts and electric connections. steering mechanism and overall condition, etc. Record Mon Tues Wed Thurs Fri Sat Sun Interior starting mileage each day. Cleanliness/Items Secured – Emergency Equipment – Check fire Windows & Mirrors – Not cracked or Check for cleanliness: no debris to extinguisher (on board, fully charged, broken, set and adjusted for you while roll under the pedals, all cab and secured), triangle warning kit, extra driving with the seat belt on and without bunk items secured (e.g. maps, fuses, lights and chains (when having to lean forward. spray cleaners, drinks, luggage, applicable). etc.) Qualcomm – Make sure you have done all messages before driving. Log Book – Make sure you have Training Packet – Make sure you done your paper log book before have done all you need to do in it Trip Planning – Make sure you have driving to understand it if the before driving. done your routes and exits, where to Qualcomm were to go out. scale if needed, fuel stops, checked Trip Planning – Make sure you have done your routes and exits, where to Seat Belts/Safety Restraints – scale if needed, fuel stops, checked Door, Windows – Check that door is Check that all are available, for weigh stations, possible places to locked and windows are clean and in functioning and in good condition (no do bathroom breaks every 3 hours, good working order before driving. fraying or other wear). And utilize and where you will likely stop for the yours before driving. day before driving. Refreshments – Make sure you have Remember, as a precaution so no Radio/Communication Equipment drinks or snacks that are easy to reach one gets left behind, the person in the – Phone is off. Radio, CD or other is without distracting you and that they bunk will put the Qualcomm in the set or chosen before driving. No use of CB while driving. are secure to not shift or obstruct your driver’s seat if stepping out after the safe operation while driving. Nothing other driver stops while they are in should be on the dash ever. the sleeper. Trainer verify Mon Tues Wed Thur Fri Sat Sun and sign off before you sat to drive. 7 CONFIDENTIAL SWIFT-Julian.000532 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 10 of 88 Date Performed///////TRAINING POST-TRIP INSPECTION CHECKLIST Tr# 1_______2_______3_______4_______5_______6_______7_______8_______9_______ 10______11______12______13______14______15______16______17______18______ Check Daily Days of the week to be checked: Mon Tues Wed Thur Fri Sat Sun Walk Reefer – Check Around setting, record Record temp, temp at reefer at rear door. unit. Do a pre-trip on reefer. Reefer Fuel – Check and record fuel level. Never let it drop below a quarter tank. Tires – Check the Windows Lights & Reflectors – Leaks – Look for water, Coupling Devices – tread, rims, lugs, & Mirrors Turn on headlights and oil, gas, transmission or Check glad hands, lines pressure and overall – Not four-way flashers. Check other fluid leaks under the and electrical plug. condition. Check mud cracked the high and low beams vehicle. Check fifth wheel and flaps also. or broken. on the headlights. trailer pin setting. Under Hood – Check fluids, oil, coolant and washer. Check Check front brakes, hoses, shocks, springs, etc. Check belts and electric connections. steering mechanism and overall condition, etc. Record Mon Tues Wed Thurs Fri Sat Sun Interior starting mileage each day. Cleanliness – Clean and debris and Training Packet & Log Book – spills, do the cleaning routine. Sanitize Make sure you have done all you your hands, the steering wheel and Qualcomm – Make sure you have need to in it before heading to the shifter, sweep and take out the trash as done all messages before driving. sleeper. Also make sure you have well as spraying air freshener inside and done your paper log book before washing the windows, mirrors and lights. heading to the sleeper. Remember, as a precaution so no one gets left behind, the person in the bunk will put the Qualcomm in the driver’s seat if stepping out after the other driver stops while they are in the sleeper. Sleeper – Clothes will be worn at all times in truck. No sleeping naked or only in underwear. Men can sleep shirtless, but women need a shirt, tank top, sports bra, etc. No wearing of bra and panties. You must never use the top bunk when I am driving. Trainer verify Mon Tues Wed Thur Fri Sat Sun and sign off before you sat to drive. Date Performed///////8 CONFIDENTIAL SWIFT-Julian.000533 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 11 of 88 PERFORMANCE SKILL: EXERCISE BASIC CONTROL PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer rig, loaded or unloaded, a typical road surface, and a trip to make, Statement of Work to Be Performed: The driver will start, move (drive), and steer the tractor-trailer effectively and efficiently. Performance Criteria:  Start and drive tractor-trailer such that he/she scores acceptable proficiency rating on an operational checklist for basic controls in areas such as executing left and right turns, centering the vehicle, and maneuvering in restricted areas.  Keep tractor-trailer in center of traffic lane.  Avoid obstacles on both sides, front, and back.  Achieve smooth and effective acceleration and stopping.  Position tractor-trailer to begin and complete turns in proper lane.  Perform all necessary adjustments for equipment, cargo, and conditions.  Demonstrate safe operating procedures. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Get into and out of cab using 3 points of contact, adjust seat, and fasten seat belt, Section 2 of the Driver Manual. (See reference material Safe by choice not by chance). 2. Start, warm up, cool down, and shut off engine. 3. Make correct adjustments for company and cargo-specific equipment. 4. Monitor controls, instruments, gauges (every 1-3 sec.), and mirrors (every 4-6 sec.). 5. Get Out And Look for obstructions, position, and paths or use appropriate spotters with clearly understood signals (SDD Take the Path of Least Resistance). 6. Judge path of tandems and clearances of trailer. 7. Activate warning flashers prior to moving into reverse gear. Tap horn periodically if tractor does not have a back-up alarm. (Keep window open and radio off.) 8. Position vehicle correctly before beginning a backing/docking maneuver. 9. Execute reverse steering of an articulated vehicle. 10. Back slowly (using idle speed) in straight and curved lines. 11. Check constantly on both sides and to the rear when backing—look in mirrors; watch for things that could tilt trailer; watch for overhead obstructions; watch behind tractor tires. 12. Pull up and start over when necessary. 13. Park trailer in 90 degree and parallel positions. 14. Parallel park rig. 15. Use and adjust for sliding tandems on trailers (SWM Wheel Smart). 16. Demonstrate correct use of speed control and engine brakes. 17. Demonstrate safe operating procedures for driving in all types of situations. 18. Demonstrate appropriate driving behavior for all types of high-risk areas, in various conditions, in different climates, and in unfamiliar surroundings. 9 CONFIDENTIAL SWIFT-Julian.000534 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 12 of 88 19. Demonstrate use of Qualcomm communication device. PERFORMANCE SKILL: EXECUTE SHIFTING PERFORMANCE SKILL STANDARD Conditions of Performance: Given a multi-speed, dual range transmission and any number of driving conditions (traffic, terrain, speed, and highway conditions), Statement of Work to Be Performed: The driver will execute proper, smooth, and efficient up and down shifting technique, matched to engine needs and safe operations for road and traffic conditions. Performance Criteria:  Match shifting to engine needs and safe operations for road conditions.  Shift smoothly to protect equipment and to control vehicle while shifting.  Shift to maximize fuel efficiency. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Shift up and down through all gears of multi-speed, dual range transmissions. 2. Double clutch and time shift for smooth and fuel-efficient performance. 3. Select proper gear for speed, terrain, turns, and highway conditions. 4. Avoid riding the clutch. 5. Demonstrate progressive shifting technique. 6. Demonstrate and explain skip shifting. 7. Demonstrate proper gear recovery. 8. Demonstrate how to stop in any gear. 9. Make appropriate adjustments for the typical company-specific equipment the driver will be operating. 10 CONFIDENTIAL SWIFT-Julian.000535 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 13 of 88 PERFORMANCE SKILL: BACK AND DOCK TRACTOR-TRAILER PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer the driver operates in a specific carrier, a load, a route, or direction to back, and a place to park the rig, Statement of Work to Be Performed: The driver will back and dock the tractor-trailer safely and efficiently, Section 3 of the Driver Manual & SDD Take the Path of Least Resistance. Performance Criteria:  Back trailer on performance test to acceptable criteria with at least 40 complete backs.  Back and park in appropriate safe locations.  Back in straight and curved lines.  Park at alley docks, in 90 degree and parallel positions.  Safely execute "blind-side" backing.  Pull away from dock safely and efficiently, Section 3 of the Driver Manual.  Execute backing and docking maneuvers in a reasonable amount of time. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: *PROPERLY ADJUST MIRRORS AS TAUGHT AT MIRROR ADJUSTMENT STATION 1. Get out and check dock area for obstructions, position, and paths. 2. Judge path of tandems and clearances of trailer, by Getting Out And Looking. 3. Activate warning flashers prior to moving into reverse gear. Tap horn periodically if tractor does not have a back-up alarm. (Keep window open and radio off.) 4. Position vehicle correctly before beginning a backing/docking maneuver. 5. Use appropriate spotter with clear signals, as necessary, explain how to stop traffic and warn of backing process. 6. Avoid blind-side backing where/when possible; where blind-side backing must be done, get out and look at situation. 7. If doors have to be opened and properly secured prior to backing, in use of SWM "Open Slow, Be In The Know" 8. Execute reverse steering of an articulated vehicle. 9. Back slowly (using idle speed) in straight and curved lines. 10. Perform serpentine backing slowly and using idle speed. 11. Back into restricted space. 12. Constantly check when backing—look in mirrors; watch for things that could tilt trailer; watch for overhead obstructions; watch behind tractor tires. 13. Pull up and start over when necessary. 14. Park trailer in 90 degree and parallel positions. 15. Parallel park rig. 16. Adjust to differences at a given customer location. 17. Follow audio and visual directions, as necessary, for authorized personnel. 18. Execute backing and docking maneuvers in a reasonable amount of time. 11 CONFIDENTIAL SWIFT-Julian.000536 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 14 of 88 * NOTE – Instructor Positions-If you are instructing a student in the truck, you must not be any closer than 5’-10’ from driver side open window and must not be in contact with moving truck.-If you need to talk to a student during their driving time, you must instruct them to stop, set the brakes, and turn the motor off. The student observers must be with you during this time as well. 12 CONFIDENTIAL SWIFT-Julian.000537 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 15 of 88 Align driver mirror with this Eliminate Blind sign, or post. Spots Mirror Adjustment Station 13 CONFIDENTIAL SWIFT-Julian.000538 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 16 of 88 PERFORMANCE SKILL: COUPLE TRAILER PERFORMANCE SKILL STANDARD Conditions of Performance: Given verbal or written instructions to connect to a specific trailer, given the trailer and the time for pick-up, Statement of Work to Be Performed: The driver will demonstrate safe coupling of typical tractor-trailer units, u. Performance Criteria:  Couple tractor-trailer units within a reasonable amount of time, often 8 to 10 minutes.  Complete coupling in accord with, Section 4 of the Driver Manual and SWM "Down Under"  Complete coupling with secure connections, including air lines and electrical cables.  Make specific adjustments to deal with company equipment, cargo needs, or rules/regulations.  Check trailer connections and conformance to regulations. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Check and adjust mirrors. 2. Check trailer numbers to ensure match of specific trailer to paperwork. 3. Align tractor and trailer units and back to position where fifth wheel plate just touches apron of trailer. Get out and check height of fifth wheel. 4. Secure trailer against movement and recheck trailer height. 5. Connect and check air lines. 6. Connect and check electrical cable. 7. Back tractor slowly and straight into trailer kingpin at right level and with appropriate force, check coupling and pin engagement. 8. Visually check kingpin to ensure connection has been made and locked in; also tug on trailer to check connection. 9. Check connection for security by pulling tractor forward gently. If it is okay, release brake; if not, secure connection. 10. Check for symptoms of improper/incomplete connections and make necessary adjustments. 11. Set in-cab air brake controls, retract and secure landing gear, and adjust mirrors and remove chocks (if used). 12. Adjust tandems, as necessary. 13. Make any necessary adjustments for company-specific equipment, state/provincial regulations, and/or to adjust weight distribution and axle limits. 14 CONFIDENTIAL SWIFT-Julian.000539 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 17 of 88 PERFORMANCE SKILL: UNCOUPLE TRAILER PERFORMANCE SKILL STANDARD Conditions of Performance: Given verbal or written instructions about where and when to leave a trailer, and a trailer of any size attached to a tractor, Statement of Work to Be Performed: The driver will demonstrate safe uncoupling of typical tractor-trailer units, SWM Wheel Smart. Performance Criteria:  Make any necessary adjustments for company-specific equipment, cargo, or location.  Uncouple tractor-trailer units within a reasonable amount of time, often 5 to 7 minutes and in accordance with approved procedures.  Complete uncoupling in accord with safety requirements and approved practices, Section 4 of the Driver Manual.  Secure trailer from movement.  Follow correct sequence for disconnecting electric lines and air hoses.  Pull away safely and efficiently. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Spot trailer on surface capable of supporting weight, adjust for surface conditions, and secure vehicle against movement, SWM Safe Landing. 2. Set in-cab air brake controls and trailer brakes. 3. Lower gear to raise trailer to correct height and check support. 4. Let tension off the fifth wheel so it is easier to uncouple. 5. Uncouple trailer and disconnect dolly. 6. Disconnect and secure air and electrical units prior to uncoupling. 7. Pull tractor partially clear of trailer. 8. Secure tractor, check trailer supports and brakes/chocks. 9. Pull tractor completely clear of trailer. 10. Complete paperwork, as necessary. 15 CONFIDENTIAL SWIFT-Julian.000540 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 18 of 88 PERFORMANCE SKILL: PERFORM VISUAL SEARCH PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer and a driving situation, Statement of Work to Be Performed: The driver will efficiently, effectively, and continually conduct a systematic visual search of the road for potential hazards and critical objects. Performance Criteria:  Demonstrate adequate, appropriate, and effective visual search technique by pointing out important obstacles in various types of traffic, using the "commentary driving" technique.  Demonstrate appropriate visual scanning behavior through use of 5 minute commentary driving drills.  Demonstrate use of SDD "Watch other Motorists and Pedestrians" techniques. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: *SEE DRILL DRIVING EXERCISE ON PAGE 73 & 74. 1. Correctly adjust any type of rear view mirrors to appropriate specifications. 2. Correctly calculate speed and distance to maintain a minimum 12 to 16 second vehicle lead time (Speed section of SDD). 3. Scan both sides of the road using quick glances to observe roadside activity and vehicles nearby. 4. Check mirrors for hazards (every 4-6 sec.), and always before changing speed or direction. 5. Check instrument panel frequently (every 1-3 sec.). 6. Look ahead as far as possible during turns and on curves. 7. Check to the side before turning or changing lanes. 8. Monitor overtaking traffic in order to be aware of vehicles behind and in blind spots. 9. Avoid diverting attention from the path ahead. 10. Maintain a straight-line path whenever necessary to divert attention/eyes from the path ahead. 11. Check all intersections and crossings using proper technique. 12. Recognize and adjust for blind spots and no-see zones. 16 CONFIDENTIAL SWIFT-Julian.000541 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 19 of 88 PERFORMANCE SKILL: MANAGE AND ADJUST VEHICLE SPEED PERFORMANCE SKILL STANDARD Conditions of Performance: Given a tractor-trailer, a trip, and a route with varying conditions, Statement of Work to Be Performed: The driver will read/identify conditions, adjust speed, and manage speed effectively in response to various road, terrain, weather, and traffic conditions. Using techniques identified in SDD "Speed, appropriate for conditions". Performance Criteria:  Adjust speed correctly to the configuration and condition of the roadway; terrain, weather, and visibility conditions; traffic conditions; and vehicle, cargo, and driver conditions.  Maintain ramp speed 10 mph or more below posted speed, under ideal conditions; reduce ramp speed to 50 percent of posted speed for top-heavy loads.  Proper use of deaccleration lane & off ramps.  Obey the legal speed limit.  Drive at speeds appropriate to road condition, traffic, and necessary stopping distances.  Proper use of Engine brakes PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Judge maximum safe speed at which a curve and on/off ramps can be entered and adjust speed to under maximum. 2. Obey speed limit. 3. Maintain proper speed to manage the space around the truck from other vehicles. 4. Judge maximum safe speed that traction will permit and adjust speed accordingly. 5. Recognize and interpret all types of driving conditions and road surfaces. 6. Adjust speed appropriately and effectively to various conditions and load. 7. Judge and adjust maximum safe speed at which vehicle control can be maintained under traffic conditions, crosswinds, road conditions, weather conditions, and limited visibility along with allowable traction. 17 CONFIDENTIAL SWIFT-Julian.000542 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 20 of 88 PERFORMANCE SKILL: MANAGE AND ADJUST VEHICLE SPACE RELATIONS PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer, a road, a route of travel, and traffic, Statement of Work to Be Performed: The driver will properly manage the space required for safe vehicle operation by using techniques in SDD "Follow Other Vehicles Safely". Performance Criteria:  Select a lane offering the best mobility and least traffic interruption, in accordance with the law, to cause minimum interference to other vehicles, SDD "Take the Path of Least Resistance".  Ensure a safe gap before changing lanes, passing other vehicles, merging, and crossing or entering traffic; position vehicle correctly in the lane and relative to crosswalks so as to minimize hazards to other road users.  Position tractor-trailer appropriately before initiating and completing a turn so as to prevent other vehicles from passing on the wrong side and to minimize encroachment on other lanes, SDD "Watch Front, Sides and Mirrors" Ground viewing habits.  Maintain a following distance appropriate to traffic, road surface, visibility, and vehicle weight; maximize separation from traffic when vehicle is disabled.  Avoid structures having inadequate overhead clearance.  Demonstrate safe following distance guideline.  Manage space in relationship to speed and speed in relationship to safe distance. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Explain basic formula for determining safe following distance. 2. Demonstrate capacity to calculating safe following distances and apply general 6-8 second following distance rules according to SDD "Follow Other Vehicles Safely". 3. Adjust following distances for loads, road conditions, environmental factors, and traffic density. 4. Judge adequacy of gaps in traffic for passing, crossing traffic, entering traffic, changing lanes, and dealing with vehicles moving at different speeds. 5. Use proper visual scanning techniques (SIPDE) to determine and achieve appropriate space. 6. Properly position vehicle for making all driving moves and avoiding getting other drivers or pedestrians in the wrong spot. 7. Judge clearances on all sides of truck in motion, especially above the trailer. 18 CONFIDENTIAL SWIFT-Julian.000543 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 21 of 88 PERFORMANCE SKILL: CHECK AND MAINTAIN VEHICLE SYSTEMS AND COMPONENTS PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer rig, a trip, and a basic tool kit, Statement of Work to Be Performed: The driver will check each system function, correctly note indications of problems for various systems, and fix those within his/her jurisdiction. Systems to check include engine, steering, cooling, electrical, tires, fuel, air intake and exhaust systems, brakes, drive train, coupling systems, and suspension. Performance Criteria:  Explain proper range of function for all key vehicle systems, Section 4 of the Driver Manual.  Check each component and vehicle system, Section 3 of the Driver Manual.  Correct problems within jurisdiction.  Explain company policy on maintenance and repair, Macro 55. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Check and service engine, fuel, oil, coolant, battery, and filters. 2. Perform simple emergency repairs to enable a vehicle to reach a maintenance facility. 3. Check tire air pressure. 4. Check for proper tire and wheel mounting. Report problem. 5. Drain moisture from air brake supply reservoirs and fuel system. 6. Check brakes. Report problems or adjust according to regulation, certification, and company policy. 7. Clean and repair light bulbs and lenses. 8. Change fuses and reset circuit breakers. 9. Differentiate among company policy for driver-controlled maintenance items, shop maintenance, and vendor maintenance. 19 CONFIDENTIAL SWIFT-Julian.000544 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 22 of 88 PERFORMANCE SKILL: DIAGNOSE AND REPORT MALFUNCTIONS PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer rig and either a description of problem symptoms or actual symptoms of poor performance. Statement of Work to Be Performed: The driver will troubleshoot symptoms, identify vehicle malfunctions, and report problem, Section 4 of the Driver Manual. Performance Criteria:  Identify symptom and vehicle systems and match symptom to likely problem.  Troubleshoot/identify problem, and/or identify if a problem exists.  Report problem accurately and according to guidelines.  Fix problems within jurisdiction of driver, as described by company policy and regulation.  Follow company policy on repairs and reporting, Macro 55. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Know and recognize the types of issues or typical breakdowns for the company-specific equipment operated by the driver. 2. Check each component and vehicle system. Identify vehicle systems or components that are functioning properly, are in imminent danger of failing, or are functioning improperly. 3. Identify and interpret symptoms of malfunction. 4. Match symptom to possible list of problems. 5. Describe symptoms of improper operation completely and accurately to maintenance personnel. 6. Correct problems within jurisdiction. 7. Avoid attempting to perform maintenance for which driver is unqualified. 8. Follow company procedure for arranging for other repairs. 9. Properly report breakdowns occurring en route within company policy. 10. Properly complete Daily Vehicle Inspection Report (DVIR). 20 CONFIDENTIAL SWIFT-Julian.000545 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 23 of 88 PERFORMANCE SKILL: IDENTIFY POTENTIAL DRIVING HAZARDS AND PERFORM EMERGENCY MANEUVERS PERFORMANCE SKILL STANDARD Conditions of Performance: While operating equipment for the conveyance of freight. Statement of Work to Be Performed: The driver will recognize the potential dangers in the driving environment and take appropriate action(s) before the dangers develop into emergency situations, or will respond appropriately to an emergency. Driver will apply techniques in SDD "Watch other motorists and pedestrians" and affectively use techniques like SIPDE. Performance Criteria:  Identify road conditions and other road users that are a potential threat to the safety of the tractor-trailer, through use of 5 minute commentary driving drills.  Suggest appropriate adjustments, as indicated by demonstrating skill.  Explain causes of and techniques to avoid skids and jackknifes.  Explain how to deal with skid.  Demonstrate through proper speed and space management and proper acceleration and braking techniques that he/she should be able to avoid a skid.  Explain how to perform emergency evasive maneuvers, for example dealing with and avoiding head on collision with vehicle that has crossed over.  Explain what to do in case of a front axle blowout. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Perceive immediately a potential threat from visible characteristics and actions of other road users, road conditions, and the environment. 2. Match and initiate prompt defensive or evasive action. 3. Use proper evasive steering techniques. 4. Practice good visual search techniques. 5. Identify and explain situations where skids and jackknifes are likely. 6. Use brakes in a manner that will stop the vehicle in the shortest possible distance while maintaining directional control. 7. Oversteer and countersteer out of a skid in a way that will regain directional control and not produce another skid. 8. Operate brakes properly to provide maximum braking without loss of control. 9. Judge maximum safe speed for slippery surface conditions. 10. Deal with blowout with proper steering and stopping, never immediately brake. 11. Maintain control. 21 CONFIDENTIAL SWIFT-Julian.000546 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 24 of 88 PERFORMANCE SKILL: IDENTIFY AND ADJUST TO DIFFICULT AND EXTREME DRIVING CONDITIONS PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer rig, a load, a route, and a set of difficult or extreme driving conditions, Statement of Work to Be Performed: The driver will identify the conditions and make the appropriate defensive adjustments before the dangers develop into emergency situations. Performance Criteria:  Explain and demonstrate correct defensive adjustments for at least the following conditions, Section 4 of the Driver Manual and SDD "Speed, appropriate for conditions":  night operations  cold weather operation  hot weather operation  mountainous terrain  wet conditions  windy conditions  foggy conditions  Check for weather information before and during trip.  Never use cruise control in any of these conditions. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: Night Operations 1. Judge and adjust speed, distances, and separation under nighttime conditions so as to operate safely and not overrun headlights/outdrive visibility. 2. Demonstrate improved scanning techniques from SDD "Watch other motorists and pedestrians" and affectively use techniques like SIPDE. 3. Use high beams legally; dim headlights in accord with law and safety. 4. Respond safely to glare of other vehicles. 5. Manage driver’s fatigue. 6. Use proper signaling techniques. 7. Make appropriate physical adjustments for night operation such as cleaning mirrors and lights, removing glasses, taking frequent breaks, and so forth. 22 CONFIDENTIAL SWIFT-Julian.000547 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 25 of 88 Cold Weather 1. Prepare for operation in cold weather, including removing snow and ice from windows, mirrors, brakes, lights, and hand holds. 2. Inspect for cold weather operation by paying special attention to coolant level and mixture, heater, defrosters, wipers, washers, tire tread, brakes, lights, reflectors, wiring system, hoses, fuel, exhaust system, and fifth wheel. 3. Make sure that moisture is expelled from the air tanks after each trip. 4. Check weather information before and during trips and adjust plan accordingly. 5. Check for ice accumulation (and remove it) on brakes, air hoses, electrical wiring, and radiator shutters during operation. 6. Adjust operation of vehicle to weather conditions and ice, including speed selection, braking, direction changes, and following distance to maintain control and avoid jackknifing. 7. Ensure safe operation of brakes after driving through deep water. 8. Use windshield wipers, washers, and defrosters to maintain visibility. 9. Start engine in cold weather. 10. Observe road surface for changes in conditions, what’ the spray telling you? 11. Continually check for changing road conditions and adjust rate of change in speed and direction to road conditions to avoid skidding. 12. Coordinate acceleration and shifting to overcome the resistance of snow, sand, and mud. 13. Carry additional food, water, and clothing to deal with "stop" situations. 14. Deal with fuel mixtures and additive for extreme cold weather. 15. Be prepared for BLACK ICE when outside temperatures are 40 degrees F or under the possibility for Black Ice exists, watch for spray coming off of the vehicles around you, look for a shine/wet look on the road surface, shaded areas of the road, overpasses are all potential areas for Black Ice to form. Hot Weather 1. Check tires, lubrication, levels and operation of cooling system, fan belts, fans, and hoses and check the radiator for debris. 2. Carry an ample supply of drinking water. 3. Inspect tires frequently. 4. Avoid leaving the vehicle if it is disabled in the desert and keep extra supplies. Mountains 1. Check brake adjustment prior to mountain driving. 2. Use right lane or special truck lane going up grades. 3. Place transmission in appropriate gear for engine braking before starting downgrade. 4. Use proper braking technique and maintain proper engine braking before starting downgrades. 5. Use Snub braking, apply just enough brake pressure to hold your speed. 6. During poor traction conditions use winter driving techniques. 7. Use special speed reduction devices properly; e.g., engine brakes. 8. Use truck escape ramp, if available, when brakes fail on a downgrade. 9. Observe temperature gauge frequently when pulling heavy loads up long grades. 10. Use four-way flashers, on uphill and downhill grades. 23 CONFIDENTIAL SWIFT-Julian.000548 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 26 of 88 Fog 1. Use lights appropriately. 2. Adjust speed and distance for safe operations. 3. Do not drive on another driver’s lights; if unable to see safe following distance, stop. MORE SAFETY TIPS  Give snowplows plenty of room. If you need to pass, do it carefully. Snowplows usually have to move over towards the center to clear bridge abutments so don’t pass near a bridge.  Swirling snow behind your trailer can cover your tail light and brake lights. Make sure you clean them as needed. Also, the lights or other vehicles may be obscured by snow.  Watch for white out conditions caused by blowing snow whenever one vehicle passes another. When a truck passes a car, expect it to brake hard as the driver is blinded by the snow. SKID AVOIDANCE & CONTROL  To understand what happens in a skid, think of friction as a force holding you back. When a set of tires skids, they lose most of their friction with the road. Since they no longer have as much force holding them back, they try to "pass" the other sets of tires that still have friction. Drivers who have been in a jackknife have commented that it felt as if they were actually picking up speed.  Tires will follow the path of least resistance. Normally, roads are crowned for drainage. Even though this is slight, it is enough to affect the skid.  A steering-tire skid (caused by over-steering) will cause the front of the tractor to move to the right (following the crown of the road "downhill").  A drive-tire skid (caused by over-acceleration or braking too hard) will cause the drive tires to move to the right (following crown of the road "downhill"). Since the drive tires are no longer held back by friction, they will attempt to "pass" the slower-moving steering tires. This type of jackknife develops very quickly.  A trailer-tire skid (caused by use of the trailer brakes only or unevenly adjusted brakes) will cause the trailer tires to move to the right (following the crown of the road "downhill"). Since the trailer tires are no longer held back by friction, they will attempt to "pass" the slower moving drive and steering tires. This type of jackknife tends to develop more slowly because of the greater distance between the trailer tires and the drive axles.  Think of your sets of tires as a parade. As long as the steering tires steer, the drive tires drive, and the trailer tires trail, your parade stays in line. If any of the tires skid, they will try to "lead" the parade. 24 CONFIDENTIAL SWIFT-Julian.000549 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 27 of 88  If you ask your truck to do more than it has traction to do it will jackknife. Most jackknifes are associated with winter driving, but remember, even in wet conditions water can build up between your tires and the pavement causing you to hydroplane and jackknife.  There are three things to do in a jackknife, and they must be done very quickly. When you start to skid: 1) depress the clutch fast; 2) look at the left mirror only; 3) steer and counter steer as fast as you can to get back in front of the trailer. Keep fighting it.  One point that should be stressed is: Good drivers don’t get good at pulling out of jackknifes; good drivers get good at avoiding jackknifes.  To avoid jackknifes; don’t ask your unit to do more than it can do! COMMENTARY DRIVING This is a method of teaching the student all the important steps to driving safely while speaking what action and surroundings are taking place at the time. PERFORMANCE SKILL: HANDLE AND DOCUMENT CARGO PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical trailer, a typical load, and a "bill of lading" or cargo list, Statement of Work to Be Performed: The driver will perform all cargo handling safely and complete documentation procedures accurately, 393 of the FMCSR & Section 3 of the Driver Manual.. Performance Criteria:  Verify nature, amount, and condition of cargo on both pick-up and delivery.  Verify load is distributed and tied down correctly to meet legal requirements.  Verify information on "bill of lading" and properly record and report discrepancies and damage to the cargo.  Obtain appropriate signatures on delivery receipts and other required forms.  Properly prepare a manifest.  Move heavy loads safely, as verified by a performance test.  Obtain hazardous materials endorsement prior to carrying hazardous materials.  Follow company procedure on handling cargo.  Ensure safe and secure locations to park and/or drop cargo. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Prepare manifest, as required. 2. Verify cargo types, nature, amount, and condition on pick-up and delivery. 3. Verify seals, if used. 4. Cover cargo, as necessary. 5. Obtain appropriate signatures. 6. Verify information on "bill of lading" and properly record/report discrepancies and damage. 25 CONFIDENTIAL SWIFT-Julian.000550 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 28 of 88 7. Adjust/verify that load distribution on trailer fits within regulations. 8. Adjust/verify that placards match load and meet regulations; correct placards, as necessary, Hazmat Hotline Driver Quicknotes. 9. Safely operate common types of cargo handling equipment; demonstrate correct use of cargo handling equipment such as a pallet jack. 10. Select proper sizes of chain, cable, nylon webbing, steel strapping, or rope. 11. Secure load with chains, cables, webbing, or strapping and correctly use the binding system. 12. Block and brace cargo properly. 13. Stop to inspect cargo, according to regulations. 14. Demonstrate knowledge of proper lifting techniques required to safely load and unload cargo, SWM "Carry Wise, No Surprise". 15. Adjust controls or elements of tractor and/or trailer for cargo and load. 16. Ensure secure places to park and/or drop cargo. 17. Open, close, and secure doors safely and appropriately. 18. Choose routes and stops to avoid theft risk. PERFORMANCE SKILL: DEAL WITH ACCIDENT SCENES AND REPORTING PROCEDURES PERFORMANCE SKILL STANDARD Conditions of Performance: Given an accident on the road, Statement of Work to Be Performed: The driver will follow safe and legal procedures at an accident scene and properly report accidents, all according to company procedure, Section 3 of the Driver Manual & Macro 52. Performance Criteria:  Be able to discuss or demonstrate practices outline in company procedures. Among the topics to include are guarding the scene of an accident to prevent further injury or damage and obtain assistance; obtaining all information needed for accident reports to law enforcement, the employer, and the insurance company; rendering assistance to any injured parties, including providing first aid, provided he/she has had proper training; extinguishing fire including cargo, engine, electrical, and tire fires; and discussing liability only with law enforcement, the company, or the company’s representative. 26 CONFIDENTIAL SWIFT-Julian.000551 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 29 of 88 PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Stop and park truck in safe location. 2. Notify police; call for assistance; place warning devices. 3. Apply first aid as necessary, especially in relation to shock and stopping bleeding. 4. Protect injured persons from others, except from trained emergency personnel. 5. Choose and operate fire extinguishers correctly. 6. Protect self from blood-borne pathogens. 7. Direct traffic, as necessary. 8. Obtain information for accident reporting, including photographs. 9. Discuss accident details only with appropriate officials. 10. Make sure any truck cargo that is spilled is cleaned up. Arrange for cleanup as necessary. If hazardous materials are involved, call appropriate authorities. 11. Stay at scene until law enforcement and company say it is okay to leave. 12. Follow company policy on issues involving accidents, Section 3 of the Driver Manual. Crashes CRASH KITS ARE REQUIRED IN ALL SWIFT TRUCKS, THIS INCLUDES THE CAMERA. (2 KITS ARE RECOMMENDED) 1. STOP. Failure to stop at the scene of a crash is against the law and may result in serious penalties. 2. SET OUT WARNING DEVICES. Secure the scene by immediately putting out your triangles or flares. 27 CONFIDENTIAL SWIFT-Julian.000552 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 30 of 88 4. ASSIST THE INJURED. Give the injured aid to the best of your ability and training. Do not move the injured, keep them warm and comfortable. 5. NOTIFY THE POLICE. If a telephone is not available, ask a passing motorist to call for you. Never leave the equipment and cargo unattended to seek help, except to save a life. This Macro is to be sent as soon as involved in any crash. This Macro goes to a claims representative and is monitored 24 hours a day 7 days a week. Send this Macro: When involved in ANY CRASH. To notify Safety of ANY FUEL SPILL. To notify Safety of ANY HAZMAT SPILLS/LEAKS. 6. STATEMENTS. Your statement at the scene can and will be used to determine who, if anyone, is at fault. DO NOT GIVE A STATEMENT TO ANYONE, EXCEPT POLICE, UNLESS YOU ARE INSTRUCTED BY SWIFT CLAIMS. 7. COMPLETE CRASH KIT. Complete the crash forms as instructed in packet. Get as much information as possible, be accurate and print clearly. 8. 8. TAKE PHOTOS. Photos can help determine who is at fault, whether an incident is preventable or non-preventable. Always take photos, even if there is no damage. 28 CONFIDENTIAL SWIFT-Julian.000553 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 31 of 88 When taking photos remember:  Get a photo with your truck number visible.  Include photos of damaged vehicles including license plates.  Include photos of license plates of eyewitness vehicles.  Get photos of signs or landmarks that can identify the location of the crash  Get photos of skid marks.  Be sure to photograph the eight "corners" of the vehicles.  Take photos of anything that you feel had an impact on the crash, such as limited visibility due to buildings or trees, bad designs in construction areas or intersections.  Fill out the information on the bottom of the camera and be sure you include a picture with your truck number on it. Take photos showing NO DAMAGE!!!!!! PERFORMANCE SKILL: DEAL WITH ENVIRONMENTAL ISSUES PERFORMANCE SKILL STANDARD Conditions of Performance: Given a typical tractor-trailer rig and a trip, Statement of Work to Be Performed: The driver will recognize environmental hazards/issues and obligations and act to meet responsibilities. Performance Criteria:  Identify potential hazards and appropriate responses that may exist in or around equipment.  Indicate idle requirements and demonstrate how to monitor and adjust to them, Section 4 of the Driver Manual.  Follow company policy and regulations on environmental issues. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Check hoses, couplings, and other components that may contribute to environmental issues, leaks. 2. Monitor idle time and make appropriate adjustments. 3. Check regularly for signs of leaks. 4. Fuel carefully to avoid spills. 5. Recognize and report spills en route. 29 CONFIDENTIAL SWIFT-Julian.000554 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 32 of 88 6. Make appropriate adjustments in operation, especially idle, as indicated in state/provincial regulations. 7. Act to mitigate spill as indicated by company policy and the Emergency Response Guide. PERFORMANCE SKILL: PLAN TRIPS AND MAKE APPROPRIATE DECISIONS PERFORMANCE SKILL STANDARD Conditions of Performance: Given proposed trip orders, loads, and resources Statement of Work to Be Performed: The driver will lay out and plan trips attending to breaks, sleep, permits, regulations, money, fuel, weather, time of arrival, and other issues, as necessary. Performance Criteria:  Plan all trips to follow DOT regulations.  Correctly identify necessary/required permits.  Estimate time of arrival to within 30 minutes.  Identify fuel stops.  Calculate and budget money correctly to within $10.  Choose most effective route for time, budget, load, and conditions.  Identify and prepare for all adjustments such as bridge regulations, anticipated traffic conditions, weather, scales, and so forth. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: *COMPLETE TRIP PLANNING EXERCISE 1-3 1. Plan a route from one point to another that is optimal in terms of travel time; fuel costs; potential hazards; and federal, state, and local travel restrictions. 2. Arrange to secure permits required by the nature of the vehicle, its cargo, and route to be traveled, Section 4 of the Driver Manual. 3. Arrange a secure place for vehicle on layovers, especially when transporting hazardous materials, Section 3 of the Driver Manual. 4. Use math to calculate miles, fuel use, and expenses. 5. Interpret maps and regulations, Macro 12 vs. Macro 23. 6. Estimate travel time and plan rest stops and layovers to ensure adequate rest. 7. Estimate fuel consumption and plan fuel stops. 8. Estimate needed expense money and obtain funds and/or company credit cards. 9. Accurately document expenses according to policy and regulation. 10. Scale loads. 30 CONFIDENTIAL SWIFT-Julian.000555 Trip Planning Trip# 1 Load Assignment Origin (Ask your mentor to assist you with the following trip planning exercises) Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 31 CONFIDENTIAL SWIFT-Julian.000556 Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 32 CONFIDENTIAL SWIFT-Julian.000557 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 35 of 88 Load Assignment Destination Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 33 CONFIDENTIAL SWIFT-Julian.000558 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 36 of 88 Fueling Locations Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Fill in the blanks for Trip 1: Pick Up Date & Time: ___________________________________________ Pick Up Location: ______________________________________________ Delivery Date & Time: __________________________________________ Delivery Location: _____________________________________________ Timezone changes: ____________________________________________ What are the trip factors? ______________________________________ 34 CONFIDENTIAL SWIFT-Julian.000559 How many states am I crossing? State Names Restricted Routes per State State Restricted Route Low Clearance per State State Low Clearance Toll Roads per State State Toll Roads 35 CONFIDENTIAL SWIFT-Julian.000560 Are there any ports of Entry on your route Comments Kingpin Settings State Comments What is your route? State Hwy Distance 8hrs, 10hrs and 34hrs Breaks reset. City and State Which break? 8hrs, 10hrs and 34hrs reset. 36 CONFIDENTIAL SWIFT-Julian.000561 Trip Planning Trip #2 Load Assignment Origin Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 37 CONFIDENTIAL SWIFT-Julian.000562 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 40 of 88 Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Load Assignment Destination Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 38 CONFIDENTIAL SWIFT-Julian.000563 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 41 of 88 Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Fueling Locations Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 39 CONFIDENTIAL SWIFT-Julian.000564 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 42 of 88 Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Fill in the blanks for Trip 2: Pick Up Date & Time: ______________________________ Pick Up Location: _________________________________ Delivery Date & Time: _____________________________ Delivery Location: ________________________________ Timezone changes: _______________________________ What are the trip factors? _________________________ 40 CONFIDENTIAL SWIFT-Julian.000565 How many states am I crossing? State Names Restricted Routes per State State Restricted Route Low Clearance per State State Low Clearance Toll Roads per State State Toll Roads 41 CONFIDENTIAL SWIFT-Julian.000566 Are there any ports of Entry on your route Comments Kingpin Settings State Comments What is your route? State Hwy Distance 8hrs, 10hrs and 34hrs Breaks reset. City and State Which break? 8hrs, 10hrs and 34hrs reset. 42 CONFIDENTIAL SWIFT-Julian.000567 Trip Planning Trip# 3 Load Assignment Origin Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 43 CONFIDENTIAL SWIFT-Julian.000568 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 46 of 88 Load Assignment Destination Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ 44 CONFIDENTIAL SWIFT-Julian.000569 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 47 of 88 Fueling locations Notes: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Fill in the blanks for Trip 3 Pick Up Date & Time: ______________________________ Pick Up Location: _________________________________ Delivery Date & Time: _____________________________ Delivery Location: ________________________________ Timezone changes: _______________________________ What are the trip factors? _________________________ 45 CONFIDENTIAL SWIFT-Julian.000570 How many states am I crossing? State Names Restricted Routes per State State Restricted Route Low Clearance per State State Low Clearance Toll Roads per State State Toll Roads 46 CONFIDENTIAL SWIFT-Julian.000571 Are there any ports of Entry on your route Comments Kingpin Settings State Comments What is your route? State Hwy Distance 8hrs, 10hrs and 34hrs Breaks reset. City and State Which break? 8hrs, 10hrs and 34hrs reset. 47 CONFIDENTIAL SWIFT-Julian.000572 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 50 of 88 PERFORMANCE SKILL: USE EFFECTIVE COMMUNICATION AND PUBLIC RELATIONS SKILLS PERFORMANCE SKILL STANDARD Conditions of Performance: Given a trip order, a truck, and a route, Statement of Work to Be Performed: The driver will communicate effectively with all those around him/her as well as those with whom the driver must communicate to complete his/her work. Performance Criteria:  Convey clear intentions so message receiver knows intention.  Deal effectively with dispatch; receive and send clear messages from/to dispatcher from Qualcomm.  Present a good public image, Sections 2 & 5 of the Driver Manual. Maintain a professional attitude and appearance because to our customers and the public YOU are Swift Transportation. Keep up the appearance of your truck, inside and out. Promote safety and drive safely.  Follow company policy when communicating/using communication equipment. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Signal intentions such as lane changes, hazards, and backing up. 2. Use horn, headlights, and other lights appropriately. 3. Establish and use eye contact with drivers and pedestrians as a warning. 4. Avoid making decisions only on basis of another’s signal. 5. Interact tactfully with customers and general public, family, and company. 6. Use effective and appropriate conversation with customers, company personnel, and family. 7. Demonstrate proficiency in the use of the Qualcomm and policies on its use. 8. Ask effective questions, including clarifying questions. 9. Avoid directing traffic while operating vehicle. 10. Use conflict resolution techniques to help resolve issues with others. 48 CONFIDENTIAL SWIFT-Julian.000573 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 51 of 88 PERFORMANCE SKILL: MANAGE PERSONAL RESOURCES AND DEAL WITH LIFE ON THE ROAD PERFORMANCE SKILL STANDARD Conditions of Performance: Given a trip over the road that requires days and nights away from home, Statement of Work to Be Performed: The driver will actively manage own life and resources so as to take care of self and job, as well as meet responsibilities, Section 3 of the Driver Manual. Performance Criteria:  Correctly identify problems and strategies that deal effectively with personal resources by describing, demonstrating, and matching problems and solutions for issues such as  fatigue  diet  exercise  personal hygiene  stress  financial issues  free time/entertainment PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Employ fatigue-reducing strategies, Section 3 of the Driver Manual. 2. Use stress-reducing techniques, as needed. 3. Exercise restraint with diet and recreation while on the road. 4. Get exercise while on the road. 5. Make good decisions about where to stop and stay; remain always aware of surroundings. 6. Practice good personal hygiene. 7. Practice good communication skills with family, stay in touch. 8. Manage financial resources prudently, both those of self and of company. 9. Actively work to resolve conflict with company or within family. 10. Find effective ways to stay connected to family or significant others and to company. 11. Manage rest time, given the circumstances, so that loads can be picked up and delivered in compliance with federal motor carrier rules. 49 CONFIDENTIAL SWIFT-Julian.000574 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 52 of 88 STRESS MANAGEMENT Stress Management What is it – How Can We Respond In the days of prehistoric man stress was easy to define: the tiger in the jungle, an attack by a hostile tribe, or any other threat to survival. Now stress is much more complicated, and pinpointing a simple definition isn’t easy. Stress Can Be Broken Down Into Two Types: 1. Physical stress 2. Mental stress Physical stress triggers our body’s "fight or flight" biochemical mechanism. Adrenalin is released which tenses our muscles, dilates our pupils and increases our heart rate. We are physically poised to respond. Once the stressful situation is overcome, our body returns to normal and we stop producing adrenalin. Mental Stress is Much More Complicated Because: • It is harder to identify. • It usually involves complex and highly emotional issues that are often difficult to view objectively. • It often involves other people and their emotions, values and behavior. People, Situations or Events That Cause Us Mental Stress Do So for One of Four Reasons: 1. We feel threatened. 2. We experience change. 3. We lose our sense of control. 4. Our expectations aren’t realized. Regardless of Whether the Case of Stress is Mental or Physical We Can Respond in Three Basic Ways: 1. Resist. We can fight the tiger, our co-workers, our spouses or anyone else. 2. Avoid. We can bury our heads in the sand and hope whatever is making us feel bad will go away. 3. Confront/Adapt. We can work to identify the real cause of our stress and eliminate it. Things You Can Do: • Understand that with change comes stress • Anticipate change • Help prepare for change • Help accept change 50 CONFIDENTIAL SWIFT-Julian.000575 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 53 of 88 HOW TO MANAGE CONFLICT Conflict is a Fact of Life, it is inevitable The Chinese symbol for conflict is a product of two Chinese words: danger and opportunity. Conflict is neither positive nor negative. Resolution can move in either direction. With this definition conflict is manageable. The Three Stages of Conflict 1. Daily events 2. Challenges 3. Battles Characteristics of Conflict  As conflict escalates, concern for self increase.  Desire to win increase with a rise on self interest. Looking for Solutions a one-alarm fire does not require full gear and every truck in the fire dept. The intensity of a fire determines the response of a fire department. Conflict and intensity it presents determines the strategy you should use. The Three Stages of Conflict Require Different Management Strategies:  Stage One conflict and the accompanying emotions can best be addressed by both parties. At this stage a "live and let live" attitude works pretty well. Early warning signs.  Stage Two conflicts require some management involvement. We are here to help you.  Stage Three conflicts require intervention. Whenever You Are Trying to Handle Conflict Remember the Following:  Create a safe atmosphere.  Be hard on the facts not on the people.  Look for middle ground.  Remember two people looking at the same things can see something completely different. (Illusions Test) 51 CONFIDENTIAL SWIFT-Julian.000576 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 54 of 88 A New Attitude The Importance of a Positive Mental Attitude Experts estimate that success is 80 percent attitude and 20 percent aptitude. If this is the case, it’s easy to see why a positive mental attitude is an important ingredient to success. Are you a Pessimist or an Optimist? Pessimism Can Lead to the Following: • Hard time getting up • Require more sleep • Sick more often • Argue more • Less patience • Make more mistakes • Engage in self-destructive behavior Developing and Maintaining a Positive Mental Attitude The Self-fulfilling Prophecy – Change Negative Self-talk into Positive Self-talk. • Visualize the positive • Attack problems head-on • Look for the bright side • Put your sense of humor to work • Making work fun • Accentuate the positive • Verbalize positive experiences • Reward yourself • Be open-minded Help set expectations with your trainees. Train to Retain (Retrospect – remember when you were new.) Remember your attitude will go a long way in your success and the success of your trainees. 52 CONFIDENTIAL SWIFT-Julian.000577 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 55 of 88 RECOGNIZING SLEEP DISORDERS COMMON SIGNS OF SLEEP DISORDERS Experts recommend at least eight hours of uninterrupted sleep each night. Sleep disorders prevent or disrupt this quality sleep and greatly increase crash risks. Most people who have them don’t realize it, and have not been diag-nosed or treated. Do You …  Feel groggy or sleepy all day?  Fall asleep during the day when you want to be awake?  Take a long time to fall asleep?  Wake up feeling tired?  Snore and gasp for air while asleep? Did you answer yes to any of these signs? If so, you may have a sleep disorder and should see a doctor. MANAGING FATIGUE  Get to know your own "biological clock" and pay attention to it. – When are you most alert? – When are you most drowsy? – Comply with hours-of-service regulations.  Develop a sleep routine and stick to it every day. Accept responsibility to get plenty of rest during off-duty time.  Take a 10-45 minute nap before a long trip. This helps maintain performance and alertness.  Take a break every three hours or 150 miles. Stretch, take a walk, get some exercise, or do a safety check.  Keep to a regular meal schedule on the road and at home. Avoid heavy meals and junk food before bedtime since digestion disturbs sleep.  Avoid using alcohol and taking medications that may affect your driving ability. Both interfere with sleep quality and affect next-day performance.  If driving alone, listen to the radio or music. If driving in a team, talk to your co-driver. If you are both too sleepy, find a safe place to pull over and rest.  Avoid smoking, If you are tired, it will make you feel more tired.  Avoid caffeine near bedtime. It can cause poor quality sleep.  Stay fit. Get regular exercise, but do so well before sleeping. 53 CONFIDENTIAL SWIFT-Julian.000578 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 56 of 88 PERFORMANCE SKILL: RECORD AND MAINTAIN HOURS OF SERVICE REQUIREMENTS PERFORMANCE SKILL STANDARD Conditions of Performance: Given a trip and a tractor-trailer, Statement of Work to Be Performed: The driver will adhere to the legal requirements of the "Hours of Service Regulations" and complete a driver’s daily log. Section 6 of the Driver Manual & FMCSR Section 395. Performance Criteria:  Comply with Hours of Service requirements.  Properly log into Qualcomm E-logs.  Change duty status as required. (LOG WHAT YOU DO, DO WHAT YOU LOG).  Review logs daily for accuracy i.e.(fuel stops, pick up & deliveries, vehicle inspections), make any necessary correction to ensure logs are accurate & legal.  Approve logs daily.  Ensure student understands time zone to be logged is their own home terminal time zone, may differ from mentors.  Have the ability to complete a paper log if necessary. Trainees are required to keep a paper log for training purposes throughout the training process.  Know location of required HOS information card. PERFORMANCE ELEMENTS AND ASSESSMENT CRITERIA: 1. Use and follow Hours of Service regulations correctly. 2. Have an understanding and ability to operate E-log system to include logging in changing active driver, changing duty status, reviewing logs, making any necessary corrections, approving logs. 3. Keep time accurately and adjust to changes in time zones. 4. Determine driving hours remaining on a particular day or tour of duty. 5. Keep pick-up & delivery records. 6. Submit paper logs as required by company policy and using Kiosk scanning systems 7. Know location of required HOS information card. 54 CONFIDENTIAL SWIFT-Julian.000579 Reference Materials: 55 CONFIDENTIAL SWIFT-Julian.000580 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 58 of 88 Qualcomm 1. What macro is used to accept a preplan? 2. What macro is sent when you arrive at the shipper? 3. What macro is sent before you leave the shipper? 4. What macro is sent when you arrive at an additional stop? 5. What macro is sent when you are leaving an additional stop? 6. What macro is sent if you are not going to be on time? 7. What macro is sent when you get to the final (also known as consignee or stop 90)? 8. What macro is sent when you are finished at the final? 9. What macro is sent if you need roadside assistance 10. What macro is your freeform? 11. What macro is sent to set your home time? 12. What macro needs to be sent at the end of each work day stating you inspected your vehicle? 13. What macro is used to update your eta/pta? 14. What macro should you check weekly to make sure you’re not missing any bills of lading? 15. What macro is sent if you were involved in an accident? A. Macro 9/Accept Preplan I. Macro 3/arrived at stop# B. Macro 47 – Accelerated pay status J. Macro 6/Empty call C. Macro 32-DVIR K. Macro 34 – updates ETA/PTA D. Macro 0 – Freeform L. Macro 5/arrived at final destination E. Macro 22/running late macro M. Macro 2/Loaded call F. Macro 52 – Attention I have an accident N. Macro 8-Home time G. Macro 1/Arrived at Shipper O. Macro 4/depart from stop off H. Macro 55/Breakdown 56 CONFIDENTIAL SWIFT-Julian.000581 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 59 of 88 SWIFT Decision Driving Speed, appropriate for conditions How do you do it? Adjust to changes in road conditions, load dynamics and posted limits. What does it do for you? Allows you to safely operate your equipment in all conditions and road types. Key phrase: Controlled and appropriate for conditions Watch Other Motorists and Pedestrians How do you do it? Look, see, and identify potential hazards early. Scan front every 1-3 seconds and rear every 4-6 seconds. Have an escape route. Use ground viewing habit. Remember S.I.P.D.E. What does it do for you? Eliminates uncertainty; makes you safe in your actions. Keeps you safe when at intersections, stops, turns, lane changes, merging and passing. Key phrase: Avoid surprises by being prepared Indicate Your Intentions How do you do it? Use signals, lights, and horn to communicate in traffic. What does it do for you? Lets others know your intentions. Helps prevent unexpected actions by others. Helps establish eye-to-eye contact. Key phrase: Let others know your intentions Follow Other Vehicles Safely How do you do it? Maintain at least 6-8 seconds of following time, and increase based on weather, traffic, or other adverse conditions. Practice 12-16 seconds of vehicle lead time (VLT) What does it do for you? Increases forward visibility. Improves the ability to respond to changes in traffic. Prevents sudden stopping and swerving. Key phrase: Rear-ending another vehicle is completely avoidable and preventable Take the Path of Least Resistance How do you do it? See the entire driving picture. Plan the safest, forward or backward, travel path in advance. What does it do for you? Keeps you from "driving blind", eliminates surprises. Provides a safe path on turns. Reduces backing hazards. Buys time. Key phrase: Have a plan for getting to your MIS 57 CONFIDENTIAL SWIFT-Julian.000582 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 60 of 88 Speed, Appropriate for Conditions Speeding is often so common place many do not think of it as a violation of the law. Face it, how many of you can actually say you drive the exact speed limit and not go one mile per hour more than that? Ever hear of the plus five rule? That’s the rule that says whatever the speed limit is you can drive 5mph over that and be ok. Unfortunately that’s just not true. Speed too fast for conditions is a factor in almost 25% of all large truck crashes. A driver who is cited for driving too fast for conditions is 62% more likely to be involved in a crash some time in the future. It doesn’t have to be this way since you have complete control of the speed of your truck. Speed or speeding does several things when it comes to vehicle crashes. 1) Ability to identify hazards becomes more difficult and you have less time for responding to hazards. 2) Increases the inertia or energy that will be delivered at the time of a crash. Three elements or factors that contribute to all crashes are the Driver, the Equipment and the Environment. 1) The driver is clearly under your control and the decisions you make or actions you take are your responsibility. 2) The equipment is being controlled by you. The condition of the equipment, whether it moves or not and how it moves is all controlled by you. 3) The environment is the one element we have no control over. You must adapt or adjust to the environment and you are constantly making decisions on how you must control yourself and the equipment in order to arrive safely. Speed or rate is calculated by taking a known distance and dividing it by the time it takes you to go that distance. Commonly speed is referred to in units of Miles per Hour (mph). However, most of our decisions are occurring in seconds and based on events that are only seconds in duration. Furthermore, they are occurring feet or inches away not miles. Calculating  60mph x 1.5 = 90 fps or 60 + 30 = 90 or 1.5 truck lengths every second.  50 mph x 1.5 = 75 fps or 50 + 25 = 75 or 1 truck length every second. 58 CONFIDENTIAL SWIFT-Julian.000583 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 61 of 88 Speed too fast for conditions  The most common factor seen in single and multi-vehicle crashes.  Rollovers and jackknifes are typically a result of the drivers speed being too fast for the conditions or environment.  Posted speed limits are intended for four wheeled vehicles not tractor trailers. Turns and curves are areas where controlling your speed and adjusting it to the dynamics of your vehicle is critical.  Slowing before you enter a curve, on ramp or off ramp.  Keep in mind; you can always accelerate if you have gone too slowly through a curve. o As you can see in this example the driver failed to reduce his speed sufficiently enough to make this turn safely. He tried to take the turn at the posted limit and you can see the results. o Video of a truck on Donner Pass, notice signs and pickup. Low visibility conditions are another type of environment element that you must be able to correctly adapt to.  Anything that affects your ability to see the road, the quality of the road surface or the weather.  Adjust your speed to these conditions.  Don’t out drive your headlights!  Example of driver who failed to recognize the hazard and ended up rear-ending a slower vehicle. 59 CONFIDENTIAL SWIFT-Julian.000584 Poor weather and road conditions  Speed is the greatest factor in poor weather or poor road condition crashes. o Results in jackknifes, rollovers or ran off the road crashes.  You must slow down as much as it takes to safely operate your equipment.  Conditions like snow and ice may require greater reductions in speed than rain slicked roads. o Do not forget that in areas where rain is infrequent oil builds up in the road surface. When it first rains these oils are released and the roads are as slick as ice covered roads.  If you find yourself on roads where no matter how slow you go it’s just not safe the best thing you can do is find a safe and legal place to park and wait it out. Speed control is critical in avoiding traffic crashes.  How often have we seen another vehicle that is constantly slamming on the brakes and accelerating in bumper to bumper traffic.  The throttle is not a light switch, it’s not just on or off, learning to modulate your speed.  As traffic begins to go, slowly accelerate and allow a gap to form between you and the vehicle in front of you. 60 CONFIDENTIAL SWIFT-Julian.000585 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 63 of 88 o Scan ahead so you can see when traffic begins to slow. o Take your foot off the throttle in advance of traffic stopping.  In most cases you will not have to come to a complete stop. o This makes driving less fatiguing since you have to shift less, you will improve your fuel economy and find driving less stressful.  On and off ramps are another area where controlling your speed is important. o Don’t speed up and not let them in. Grades and hills are another environment where speed control is important.  Use the signs on the roadway to help you prepare for a down grade. o Using the proper gear will help control your speed on the grade and help you not have to over use your brakes. o Never use downgrades as a way to get speed for an upgrade.  If you cannot maintain post speed when climbing a hill turn-on your 4-way flashers.  It’s not the really steep grades that catch drivers. o It’s the unmarked or the 3% grade that’s 5 miles long. Cruise control  Cruise control can help increase the fuel economy of your truck as well as reduce fatigue to you as the driver.  Can also be a dangerous tool when used at inappropriate times. o Two lane roads and in cities you should never use your cruise control. o When the weather and roads are not perfect. o At night.  Your cruise control is a convenient and helpful tool but it must be respected and used only when it is appropriate. It is your responsibility to ensure your speed is appropriate for whatever environment you may be in.  Never estimate your speed by feel or other traffic, always use your speedometer.  Those drivers who don’t are the ones you see involved in crashes and not the ones you see receive multi million mile safe driving awards. Always wear your safety belt any time the wheels are in motion. 61 CONFIDENTIAL SWIFT-Julian.000586 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 64 of 88 Watch Other Motorist and Pedestrians Decision driving involves the professional Driver remaining constantly alert and observant to conditions and changes around him which present potential hazards. Upon recognition of hazards, the Driver must make timely decisions to be able to manage the hazards in order to avoid collisions or the necessity for dangerous emergency maneuvers. Developing and utilizing scanning habits.  Effective scanning and observation is not passive, but an active and conscious behavior.  Scanning forward, to each side, properly using mirrors and ground viewing habits will benefit the Driver in numerous ways. Proper scanning and observation techniques enable you to anticipate the unsafe or illegal actions of others, and thereby eliminate elements of surprise and uncertainty.  It allows the Driver to o Manage space around truck. o More safely make stops and turns. o Safely make lane changes, merge, and pass. The end result of developing good visualization skills is safe arrival at your Most Important Stop. How do you do it? These guidelines should be a part of developing effective scanning and observation habits. 1. Pay attention to all sides of your vehicle. While paying close attention to conditions and developing situations in front of your vehicle, do not neglect to watch for hazards to the sides of your vehicle; merging traffic, pedestrians, traffic approaching at intersections. Make it a habit to turn your head from side to side and observe what is happening out your side windows. 2. Check the front every 1-3 seconds. A very large percentage of hazards, and certainly some of the most costly in terms of damage, injury, and potential fatality, will develop in front of the vehicle. While actively observing what is happening on each side of your vehicle, return to the broad view in front of your vehicle every one to three seconds. Don’t lose sight of the big picture. 3. Watch your mirrors, checking to the rear. Every 4-6 seconds, check your mirrors to observe what is happening to the sides and behind you. 62 CONFIDENTIAL SWIFT-Julian.000587 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 65 of 88  Hazards behind you can be managed. Got a "tailgater"? Slow down a little, giving yourself more space to stop if necessary. This may also encourage the person behind you to either slow down also, or pass and get around you.  Proper usage of mirrors will also enable you to manage your "blind spots." In order to get into a "blind spot", a vehicle must pass through your field of vision. 4. Ground viewing habits. Observing ground and road surface conditions frequently enables the professional Driver to anticipate actions of other Drivers, and developing road conditions. o With a vehicle in an adjacent lane or in front of you, watch for movement of the vehicles steer tire. o As you approach a turn, pay close attention to the radius of the curb. A wide, sweeping radius allows significantly more turning area than a sharp radius.  In winter weather conditions, observing the road surface will provide subtle warnings of hazardous conditions. If road spray coming off of tires suddenly stops, beware! You may be on ice. Another helpful hint is to remember the acronym SIPDE, which represents: SCAN – as described above, being perpetually observant of your environment. IDENTIFY – although you cannot control your environment, as you observe what is going on around you; recognize hazards and potentially developing hazards. Do not be a passive observer, just a sightseer; actively watch and search for potential hazards! PREDICT-by watching the actions of others, and using the ground viewing habits described above, a professional Driver is frequently able to predict the actions of other Drivers and imminent road situations. DECIDE – once the Driver has observed all that is going on around his vehicle, and to the extent possible, has anticipated actions of other drivers and impending road situations, the professional Driver is able to make decisions to manage any potential hazards. EXECUTE – having accurately assessed the conditions surrounding the vehicle, and making decisions to defensively and safely respond to the circumstances, the Driver is able to execute his decisions. 63 CONFIDENTIAL SWIFT-Julian.000588 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 66 of 88 Avoid "Highway Hypnosis" This can occur when a driver allows himself or herself to only watch forward. The brain gets bored or drifts and day dreaming can occur.  Scanning techniques and SIPDE not only keep you aware of the hazards around you but keep your brain engaged. Additional Tips to help get you to your Most Import Stop safely. 1. Use Mirror adjustment stations at Swift Terminal facilities; 2. Routinely clean your windshield, windows, and mirrors; 3. Keep the cab of your truck and your dashboard clean and clear of any obstructions to your vision. 4. Distracted Drivers. You cannot properly watch & scan if your attention is pulled away.  Cell phones, CBs & eating or drinking while driving are all distractions.  FMCSA data shows that 71% of crashes are a result of a distracted driver. Don’t glance and guess. Watch and KNOW your surroundings. 64 CONFIDENTIAL SWIFT-Julian.000589 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 67 of 88 Indicate Your Intentions It is so important that we remember that as drivers we all share the road with those around us. As drivers we all have stories where someone we shared the road with didn’t feel like they had to share. Sharing can be such an easy word to say, but since the environment we are in and those that we are sharing with are ever changing, challenges can arise. In this section we hope to present ways to properly and effectively communicate your intentions with those we share the roads with. This will make not only your trips less stressful but also the trips of those we share the roads with. Communication is easy when you’re sitting in front of someone.  Examples include contact, verbal, gestures, body and others.  Try communicating without using any of the signals. What happens? We do this every day when we interact with others and we don’t even really think about it. So why is it so hard when we are driving?  The problem is that we are not in front of the person we are interacting with when we are behind the wheel.  Knowing that these gaps exist we must find ways of bridging them so that we can successfully indicate our intentions. How do we indicate our intentions while driving? Let’s rephrase that question. How do we affectively and positively indicate our intentions while driving?  We have many tools available to us while seated at the controls of a Swift truck. o Turn signals o Headlights o Four way flashers o Brake lights o City horn and some have a larger air horns. o What else?  These communication devices must be used with great responsibility so that we project the correct message.  We have all observed another driver using them to indicate or communicate their dissatisfaction.  The goal is either to establish eye contact between you and another driver or ensure the other driver understands your intentions if eye contact is not practical. 65 CONFIDENTIAL SWIFT-Julian.000590 Turn Signals-These are primarily used when turning, changing lanes or merging. In general, drivers should turn their signal on approximately 100 feet before your intended turn. You need to be vigilant for drivers who are waiting to pull into traffic from a driveway or street before your intended turn. They may pull out in front of you thinking you are pulling into where they are pulling out of. In this case you should wait until your passing that vehicle to turn your signal on. When changing lanes or merging you should check your mirrors for your opportunity. Turn your signal on to indicate your intentions and check your mirrors again. Once your truck and trailer is completely in the lane you can the turn off your turn signal. Headlights-Beyond their obvious use to improve low light visibility. Headlights can communicate your presence when used during daylight hours. You can also use them to get the attention of other drivers. This is very helpful in establishing eye contact between you and another driver. At night it is not advisable to flash your high beams or turn your lights off to signal other drivers. You do not want to create hazards by blinding other drivers or eliminating your ability to see hazards. Four Way Flashers-When driving these are the universal sign of trouble. They should be used when you are climbing hills and unable to move at the posted speed limit. If you see a hazard ahead and are slowing and want to warn others behind you of this. You can also use them to signal other trucks that it’s ok to move over after passing you. Again, refer to headlights on why we do not use our headlights. Brake Lights-Obviously they are used when slowing but there are other ways to use them as well. When using the throttle to decelerate your truck you can lightly tap the brakes to flash the lights so those behind you notice you are slowing. City Horn-Much like your headlights the city horn can be a great way to establish eye contact with other drivers. For example if you going to allow another driver to pull in front of you or wanted to signal them. The key is to use a short tap of the horn not a long blast as this may convey the wrong message. You may also need to use your horn if you feel another driver isn’t aware of your presence to avoid possible contact. Air Horn-This horn being much louder should really only be used in emergency situations where you need to get the immediate attention of another driver. 66 CONFIDENTIAL SWIFT-Julian.000591 Many different ways to communicate or indicate your intentions when operating your truck have been discussed.  Do not become a driver who over communicates in a negative way. o This is road rage or aggressive driving and is not acceptable or professional. o Flashing your lights, honking your horn or using your body to indicate your dissatisfaction with another driver helps no one. We share the roads with hundreds if not thousands of different people every day. In order to safely and efficiently deliver your load you have to be able to effectively indicate your intentions to other drivers.  As you more effectively and efficiently indicate your intentions you will find driving to be less stressful. 67 CONFIDENTIAL SWIFT-Julian.000592 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 70 of 88 Follow Other Vehicles Safely In an earlier segment we discussed safe driving techniques using the acronym S.I.P.D.E., which represents five steps of the Decision Driving process.  Scan … actively scan in front, to the sides, and to the rear of your vehicle. This allows you to;  Identify … the presence of hazards and potential hazards in your surroundings.  Predict … the unsafe and/or illegal acts of other drivers.  Decide … what actions to take to manage the hazards and avoid collision.  Execute … or, carry out the actions you have determined will help avoid collision and provide safety for yourself and those around you. This process uses valuable time and space. The other drivers, vehicles, and developing hazards do not pause while you make decisions and execute them. Space Management is critical to the Professional on the road, especially in front of you, to ensure that you are able to execute your decisions IN TIME to avoid collision.  Always maintain adequate following distance between yourself and the vehicle in front of you. Crashes can be avoided by the Professional Driver committing himself to maintaining a generous following distance.  Drivers testify that something happened in front of them, and they "did not have time to stop!"  To avoid they make a sudden, swerving lane change, or some other hasty evasive maneuver. o These actions can cause other collisions.  Video of Swift truck following unsafely. In determining the preventability of crashes is that a Professional Driver must operate his or her vehicle, so as to be able to stop within their available clear distance. This means:  Do not out-drive your field of vision. At night when vision is limited due to darkness, the Driver must compensate by reducing speed. You must be able to stop within your field of vision.  The same applies when driving on highways with rapidly changing topography and curves. You have no way of knowing what is around that curve or over that rise. You must be able to stop within your field of vision.  The vehicle in front of you may be required to slow or stop suddenly. If and when that happens, you must be able to stop safely, avoiding sudden swerving, or other evasive maneuvers. 68 CONFIDENTIAL SWIFT-Julian.000593 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 71 of 88 How much following distance is enough?  Conditions dictate adequate following distance.  It is important for all Drivers to give themselves an added margin of safety in less than perfect conditions. "Three Seconds"  In any event requiring a sudden stop, there are three seconds over which the Driver has little or no control. o Perception time o Reaction time o Air brake lag time  Perception time is the amount of time from when a Driver sees a hazardous situation, and recognizes that he must react. o The moment that those drivers who are not scanning, PANIC! o For a Driver who is alert and in good physical condition, this is generally about 1 ¾ seconds. o Can be increased by…  Driver focus  Distractions  Driver’s physical condition, etc.  Reaction time is the amount of time from when the Driver perceives a hazard, and his brain and muscles react to the stimuli, and the Driver takes his foot off of the throttle and places it on the brake pedal. o Generally this is about ¾ seconds. o Affected by other factors like Perception time. o It has now been 2 ½ seconds, but the vehicle has not yet begun to stop.  Air Brake lag time occurs when the Driver first applies the brakes, the air within the system does not instantly act upon the brakes components, shoes or pads. o Caused by releasing the air. o This time, even though short in duration, approximately ½ second can be felt by the Driver. 69 CONFIDENTIAL SWIFT-Julian.000594 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 72 of 88  The combination of Perception time, Reaction time, and Air Brake lag time, approximately 3 seconds has passed before the vehicle actually begins to slow and stop.  Other factors also extend the stopping distance: o General Condition of vehicle; o Condition of tires; o Road surfaces (asphalt, concrete, etc.); o Road conditions (wet, dry, icy, etc.). o Speed. o Driver distractions. SWIFT POLICY: SAFE FOLLOWING DISTANCE. (Driver Handbook, Section 3, page 12) Determine safe following distance for your vehicle, you need to know the vehicles speed.  Always add one second for each adverse condition and add one second for every two hours of driving time. Example of calculations:  For a typical sleeper truck with a 53 foot loaded trailer. o Use 6 seconds following distance for speeds below 40 MPH. o Use 8 seconds following distance for speeds above 40 MPH.  The highway is wet from rain, an "adverse condition". o Add 1 second.  The Driver has been driving for 2 hours without a break. o Add 1 second.  There is a tailgater behind you, another adverse condition. o Add 1 second. ALWAYS practice maintaining safe following distance. It makes good sense.  It will increase your forward field of vision, giving you greater visibility;  It will increase your available time and space to respond to changes in traffic and hazardous situations;  It will prevent having to make sudden stops and swerving maneuvers;  It will prevent a potentially catastrophic rear-end crash. Safe following distances will help you and those around you make it to your Most Important Stop. 70 CONFIDENTIAL SWIFT-Julian.000595 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 73 of 88 Take the Path of Least Resistance What is the path of least resistance?  Use example like river crossing. o It’s also the path of lower risk. o Often we think of least resistance to mean "easier" but, it also can be looked at from the stand point of "least risk".  So if Swift routes you how will you find the path of least resistance or the path of least risk? Must have a plan  No matter what the environment, you must have a plan. o Think back to S.I.P.D.E for a moment. What are you really doing?  You must create a plan before every trip, pickup or delivery and before every move you will make with your truck.  Don’t drive blind. Let’s look at an example that you may face to illustrate how this works.  Use story or examples like story provided.  Examples should cover these topics and more. o Trip planning. o Planning for traffic flows o Fueling o Breaks o Pickup & Delivery o Dealing with unfamiliar locations o Etc.  Show how the path of least resistance lowers risk and exposure. Backing  "GOAL" o Get Out And Look  Allows you to find the path of least resistance and identify the safest path to take.  Highest frequency crashes that occur are backing crashes.  If backing is the smallest amount of time, then why is it one of the highest frequency crashes?  In every case is due to the driver not getting the entire picture.  Forward motion vs. backward motion. Walk the path you plan to take.  As a rule you should stop and Get Out And Look as many times as it takes to guarantee you back safely. o The environment may change.  Never blind side back if you do not have to. o Examples of Blind Side vs. Sight Side. 71 CONFIDENTIAL SWIFT-Julian.000596 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 74 of 88 Lane use is another frequently overlooked path of least resistance.  Drivers shoot across a multi-lane highway so they can get off at their exit.  Proper lane makes driving much less stressful and safer.  Three lane highway example. o Middle lane use. o Right lane use.  City street example, 2 lane. o Left lane use. o Right lane use. Never drive blind!  The more information you gather and the more you plan your trips and maneuvers the safer you will be.  Get to your Most Important Stop safely every time. 72 CONFIDENTIAL SWIFT-Julian.000597 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 75 of 88 Driving Commentary: 10 keys 1. Stopped in Traffic – when stopped in traffic leave enough space between you and the vehicle in front to safely pull around if necessary. 2. Scan left-right-left – when starting up at an intersection or approaching any major intersection always scan left, right, and then left again to clear the intersection. 3. Identify hazards – be aware of the actions of other motorists and pedestrians to identify potentially hazardous behavior. 4. Predict actions of others – anticipate what others will do based on your observation of their actions and knowledge of driving hazards. 5. Decide on your response – have a planned escape route in mind at all times. Play the "if/then" game (if the other driver does this, then I will do that) and be prepared for the unexpected. 6. Execute on your decisions – when the unexpected does happen, execute your plan of action immediately. Train – Prepare – Execute 7. 6-8 second following time-the minimum amount of space, measured in time, that you should be following other traffic. When another vehicle takes your space, simply adjust and re-establish your following time. 8. 12-16 second lead time – the distance in front of your vehicle, measured in time, where you should be seeing. Once safe following time is established, you can safely lift your eyes to see what is happening well ahead of the traffic in front of you. 9. Use of mirrors – check mirrors every 4-6 seconds, or more if necessary to ensure maximum awareness of activity beside and behind your vehicle. 10. Eye to eye contact – establishing communication with others when driving is key to being able to reduce unexpected actions. See them seeing you. 73 CONFIDENTIAL SWIFT-Julian.000598 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 76 of 88 Drill Drive Exercise Explanation: The driver drill exercise is designed to give the mentor and student driver an opportunity to interact and to practice all 5 keys to Swift Decision Driving and the 10 Point Commentary, while building a "new" way of seeing, called the Triangular Viewing Method. The drill is a conversation between the mentor and student that focuses on the primary areas of concern for drivers. These are things that many drivers already see, but don’t always recognize as driving hazards and consequently don’t always take the proper precautions. The 4 major areas of concern for drivers are: Intersections, Traffic Signals, Motorists & Pedestrians, and Mirrors Review with Student: After the mentor has reviewed the 5 keys of Swift Decision Driving and completed the Commentary Drive, he/she will have the student stop in a safe, legal place so that the Drill Drive Exercise can be fully reviewed. An example of what the mentor would say is, "Now that we have reviewed SDD and you have practiced talking about the 10 points on the commentary checklist, we want to do another exercise we call the Driver Drill. In this drill, I am going to take control of your eyes for a few minutes and direct you to look at each of the 4 major areas of concern; intersections, traffic signals, motorists/pedestrians, and mirrors. I will be very specific such as calling out left mirror, left curb, left intersection, traffic signal, right mirror, and etc. When I call out one of these areas, I want a one or two word response from you that will indicate to me and you that you clearly understand what you are seeing and how it impacts your ability to drive safely." The mentor should frequently ask if the student fully understands what has been said so far. "Your responses will be clear or hazard for mirrors, intersections, and curbs. Your response for traffic lights will be either stale green, red, or yellow. Response for following time should be how many seconds you feel you are following at that moment. Response for vehicle lead time will be the point at which your eyes should be focused most of the time like the curve ahead or a bridge or some other physical object about 12 to 16 seconds ahead of your vehicle." Always remind the driver that he/she is still in control of the vehicle and if the mentor calls out left mirror (for instance) but there is a pedestrian on the right curb, the driver should look to the right curb, clear the hazard, and then get back in the drill. The terms clear and hazard should indicate what you see at the instant you respond. The definitions are as follows: 1. Mirror – clear means when you check that mirror there are no vehicles or other obstructions that would prevent you from taking that lane; hazard means that there is another vehicle in the mirror or you might be next to a median or curb that would prevent you from having the escape route you need. 2. Intersections-clear means that when you check that intersection (right or left) it is completely clear of any motorists, cyclists, pedestrians, or anything else that could present a problem; hazard response means it is not clear, even if the other vehicle is stopped. 3. Curb – clear means that when you check that curb (right or left) there are no pedestrians on that side of the street, even on the sidewalk; hazard means that there are pedestrians present that could cause a problem. 4. Stale Green traffic light – this means the first time you see the light it is already green and you don’t know when it changed to green. The significance is because you didn’t see it change to green, there is no way you can anticipate when it might change back to red, and you have to be prepared to stop as you approach the intersection. Once past the point that a safe stop is possible and the light is still green, then check left – right – left and proceed with caution through the intersection. Remember the goal of Scan Front, Sides, and Mirrors is to check a different potential hazard in front of the vehicle at least every 1 to 3 seconds and to check for hazards to the rear (using mirrors) every 4 to 6 seconds. This means that the mentor should be calling out a different area approximately every 2 seconds. We call this the Triangular Seeing Method, because if a driver is scanning properly, they will start at one mirror and move across the front of the vehicle, ending up at the other mirror. The diagram below graphically illustrates what the Triangular Seeing Method looks like. Remember to never move from right mirror to left mirror without seeing and talking about something up front. 74 CONFIDENTIAL SWIFT-Julian.000599 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 77 of 88 Scan left to right and then right to left and repeat. 1. Left Mirror 2. Left Curb 3. Left Intersection 4. Traffic Signal/Gauges/other 5. Following Time or Lead Time 6. Right Intersection 7. Right Curb The drill "conversation" consists of 1 or 2 8. Right Mirror word sentences between mentor and student: 7. Right Curb 6. Right Intersection Who What Timing 5. Following Time or Lead Time Mentor: Left Mirror 1 sec. Student: Clear 4. Traffic Signal/Gauges/other Mentor: Left Curb 3 sec. 3. Left Intersection Student: Pedestrian 2. Left Curb Mentor: Left Intersection 5 sec. 1. Left Mirror Student: Hazard Mentor: Traffic Light 7 sec. Repeat – but don’t miss other Student: Stale Green potential hazards Mentor: Following Time 9 sec. Student: 9 seconds 75 CONFIDENTIAL SWIFT-Julian.000600 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 78 of 88 Swift Transportation Safe by Choice, Not by Safe Work Methods Chance. Version: Driver Training "Those who work the safest way, live to work another day" IMPORTANT Things Learned SAFE WORK METHODS (SWM) Recognize Hazards "Watch Your Back" "Carry Wise, No Surprise" Exercise Controls LIFTING PPE, Admin, Engineering CARRYING >Start in a safe position >Examine size & weight of object Make Choices >Keep objects close >Clear the path Practice Safe Work Methods >Maintain natural curve in lower back >Clear visibility Daily Exercise&Eat Healthy >Use your legs >Use proper lifting SWM’s >Center the load between Dress for Conditions shoulders and waist Make a Commitment to Safety >Firmly hold object close to body Lead by Example >Set item down slowly, with VALUES: bent knees * Ethics "Boot Camp" "3 Points of Contact" * Respect WALKING "Tug of War" CLIMBING * Balance >Proper footwear PUSH, PULL >Proper footwear * Winning Attitude >Choose the safest path >It’s better to push than pull >Both Feet * Communication >Pay attention, look where you >Clear the path >One Hand Development are going >Ask for help, if you need it >Be aware of surface conditions Teamwork >Clear the path >Use entire body weight >Clear steps Change >Slow down >Secure load >Stabilize Initiative >Clear visibility Accountability Tip: Use a flash light if needed Trust Safety DRIVER—SWM REMEMBER: Always wear proper footwear!!!! "Safe Landing" "Wheel Smart" "Open Slow, Be in the "Down Under" Know" LANDING GEAR 5TH WHEEL INSPECTING >Remove pressure off locking ENTERING/EXITING EQUIP EQUIPMENT >Park on level ground mechanism >Be cautious, open door slow >Protect your eyes >Wear proper footwear >Wear Gloves, hold firm, both >Secure trailer doors >Ensure head clearance >Stand to the side of handle hands >Clear steps (entering) >Ensure level footing >Keep head clear of handle >Secure feet on solid ground, use split stance >Enter or Exit facing equipment >Rise up slowly >Firmly grip handle, 2 hands >Use entire body weight >Use 3 points of contact >Use entire body weight, back straight >Back straight 76 CONFIDENTIAL SWIFT-Julian.000601 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 79 of 88 Clutch usage Demonstrate where the Clutch pedal is located and the proper use. Ensuring you emphasize the 4 basic pedal positions:-The pedal is pushed within 2 inches of the Disengaged floor. When the pedal is in this position, the engine and drive train are separated. The clutch must be disengaged to start the engine and shift gears. – The clutch brake is used to stop and control Clutch brake the speed of the transmission input shaft and countershaft. The clutch brake is used only when the vehicle is fully stopped. It works when the pedal is within 1 or 2 inches of the floor, depending on the adjustment. Free play –This is the amount of pedal movement possible at the top of the stroke without engaging or disengaging the clutch. It should be between ½ and 2 ½ inches. –The pedal is fully released. Engaged 77 CONFIDENTIAL SWIFT-Julian.000602 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 80 of 88 Shifting NOTE: The Mentor is always responsible and liable for the safe operation of the truck, our student’s and the safety of the motoring public. I am going to give you a demonstration on NOTE: shifting. This is what I will be teaching you and expecting of you when we are in the-The only time the Mentor is to drive is when truck this week. doing a demonstration on shifting, commentary or making turns, the rest of the Shifting gears properly is one of the skills time the student is to drive the truck. that will take a lot of coordination, patience, and practice.-Starting from a stopped position, or changing directions-When you start out from a stop you need to be able to fully depress the clutch pedal,-Clutch Brake this disengages the transmission from the engine, and allows you to shift into Reverse, or 1st gear.-Hold the clutch down to the floor for a couple of seconds this should give the clutch brake time to work properly. The clutch brake will slow down the revolutions the transmission is making so you can easily put the transmission into gear.-Releasing the Tractor and Trailer Brakes 78 CONFIDENTIAL SWIFT-Julian.000603 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 81 of 88 Mentor Note:-When the transmission is in gear, and you’re ready to go, hold your foot on the Stress the importance of pushing the clutch in brake pedal, push the trailer protection approximately 2 inches past the free play so they valve (red valve) releasing the trailer do not engage the clutch brake. brakes.-Do a tug test and watch the mirrors to ensure the locking jaws on the tractor fifth wheel are securely connected to the trailer king pin.-Progressive shifting Now push the tractor protection valve Stress to the student there is a 400 RPM split (yellow valve) on the dash releasing the between each gear. tractor brakes.-With one foot pushing on the clutch and the other foot still on the brake pedal, slowly start to release the clutch, when you start feeling torque on the engine and Mentor Note: transmission, start to release the clutch a little bit more and at the same time you are Explain to the student that there are 2 steps in this going to start to release some of the method of upshifting. pressure you have with your other foot on the brake pedal.  Accelerate/RPM’s  Clutch Neutral/Clutch Gear-When you get the truck moving and you have completely released both the brake and the clutch you can start to gently accelerate to the proper RPM to upshift to the next gear. Mentor Note:-Now that we have the truck moving we are going to start using progressive shifting. Explain to the student that there are 4 steps in this method of downshifting.-When this is done properly the gears should not grind or clash.  Brake/Slow to proper RPM  Clutch Neutral-Release the accelerator, push in the clutch  Rev the engine approximately 500 RPM approximately 2 inches past the free play, shift the transmission to neutral, release the  Clutch Gear clutch, push the clutch in approximately 2 inches past the free play, shift the transmission into the next higher gear, completely release the clutch again smoothly and press the accelerator. 79 CONFIDENTIAL SWIFT-Julian.000604 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 82 of 88 NOTE:-The same thing goes when downshifting, you must double clutch, it makes it easier to When down shifting the student will need to rev shift and it is not as hard on the the engine approximately 500 RPM to allow for transmission, or engine the time it takes the student to react and put the transmission into gear.-To do this you need to take your foot off the accelerator.-Gently push the brake pedal and watch your tachometer.-Slow the truck down to approximately 1000 RPM.-Release the brake.-Push in the clutch approximately 2 inches-Place the transmission in neutral.-Completely release the clutch.-Put your foot on the accelerator and give it a quick rev to approximately 1500 RPM, at the same time you need to push in the clutch approximately 2 inches.-Now that I am in gear I am going to release the clutch smoothly, I am not going to just jerk my foot off of the clutch or dump it.-When you have the clutch released its time to push on the brake again to slow the truck down so you can down shift to the next lower gear.-We are going to keep repeating this process until we get to the proper gear or speed. 80 CONFIDENTIAL SWIFT-Julian.000605 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 83 of 88 Guidelines and Expectations  Student driver is to start training on Qualcomm from Day One.  Student driver is to do most of the backing.  Headlights are expected to remain on while student is driving  No cruise control or jake brake usage during the first two weeks of Mentoring.  Conduct walk-around inspections each time the Mentor and student driver get into the unit.  Nothing should be on the dashboard and the windshield should be clear from obstructions.  Review the student’s log for accuracy, daily.  The truck is clean, inside and out.  After Week One, the student should be planning the trip, establishing directions, communicating with the Driver Manager and communicating with the shipper/consignee.  Clothing must be neat and clean. No open toed shoes may be worn.  No cellular phone use while driving.  It is mandatory that the Mentor remain on duty during the first week of training to evaluate required objectives.  Company mentor cannot refuse loads while mentoring unless they lack sufficient hours to complete the trip or have a specific safety concern or problem.  At no time while the tractor is in motion, will any driver occupy the top bunk in the sleep area. Mileage Limitations: During the student’s first 50 hours of driving, the mentor must be in the passenger seat on duty, not driving. Once a student has driven 50 hours, it is at the mentor’s discretion to decide if the student is ready to participate in team driving. 81 CONFIDENTIAL SWIFT-Julian.000606 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 84 of 88 Performance Standards  A neat, clean appearance is expected to be maintained.  No pets or passengers while training.  Mentor is responsible for all permit tickets received during training, regardless of who is driving. Make sure your tractor is permitted properly.  All permits in the permit book, which include – Insurance, IFTA stickers & license, as well as current registrations-along with license plates on trucks and trailers.  All Overweight, Over Length-routing and kingpin violations.  Mentor is responsible for all overweight tickets during training. Ensure the load is legal.  Mentor is responsible for making an X-Call when student assists or does the entire driver unload to ensure the student gets paid for the unload.  Expected to maintain a positive attitude about yourself and Swift Transportation. 82 CONFIDENTIAL SWIFT-Julian.000607 Case 2:16-cv-00576-ROS Document 60-3 Filed 01/06/17 Page 85 of 88 Notes ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 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Exhibit 8 to Declaration of Joshua Konecky

EXHIBIT 8 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page FC1 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 2 of 181 Version: 1-2016-Swift CONFIDENTIAL SWIFT-Julian.000131 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page IFC1 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 3 of 181 CONFIDENTIAL SWIFT-Julian.000132 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page i Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 4 of 181 ACKNOWLEDGEMENT AND AGREEMENT By my signature below, I acknowledge that I have received a copy of the Swift Driver Handbook and understand that it sets forth the terms and conditions of my employment as well as the duties, responsibilities and obligations of employment with Swift. I acknowledge that I have seven (7) days from the date of this acknowledgement in which to read and review the Swift Driver Handbook, after which time I will be deemed responsible for having read and reviewed it. If I do not provide notice to Swift Human Resources during the seven-day period described above to indicate a lack of understanding, my silence will be taken to mean I understand and agree to be bound by the rules, policies and standards set forth in the Driver Handbook. I acknowledge that a copy of the Swift Driver Handbook is available on the Company's intranet in the Human Resources section. I also acknowledge that my employment with Swift is not for a specified period of time and can be terminated at any time for any or no reason, with or without cause or notice, by me or by the Company. I acknowledge that no statements or representations regarding my employment can alter the foregoing. As to the circumstances in which employment may be terminated, this is the entire agreement between me and Swift; there are no oral or collateral agreements of any kind. I also acknowledge that no supervisor or employee has the authority to enter into an employment agreement – express or implied – providing for employment other than at will. I also acknowledge that, except for the policy of at-will employment, the Company reserves the right to revise, delete, and add to the provisions of this Driver Handbook. All such revisions, deletions, or additions must be in writing and must be signed by the Chief Executive Officer of the Company. No oral statements or representations can change the provisions of this Driver Handbook. I also acknowledge that, except for the policy of at-will employment, terms and conditions of employment with the Company may be modified at the sole discretion of the Company, with or without cause or notice at any time. No implied contract concerning any employment-related decision or term and condition of employment can be established by any other statement, conduct, policy, or practice. I understand that the foregoing agreement concerning my employment at-will status and the Company’s right to determine and modify the terms and conditions of employment is between me and Swift concerning the duration of my employment, the circumstances under which my employment may be terminated, and the circumstances under which the terms and conditions of my employment may change. I further understand that this agreement supersedes all prior agreements, understandings, and representations concerning my employment with Swift. Employee Signature: _________________________________________________________________________ Employee’s Name (printed): ___________________________________________________________________ Driver Code: ________________________________________________________________________________ Date: ______________________________________________________________________________________ CONFIDENTIAL SWIFT-Julian.000133 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page ii Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 5 of 181 CONFIDENTIAL SWIFT-Julian.000134 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 1 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 6 of 181 OUR MISSION Our mission is to attract and retain customers by providing best in class transportation solutions and fostering a profitable, disciplined culture of safety, service, and trust. The values that guide us in all our actions and relationships are: • Ethics: Do the "right thing" and always encourage others to do the right, honest, and ethical things. • Respect: Treat others with the same personal and professional consideration we expect for ourselves. • Balance: Manage your time for both business and personal success. • Winning Attitude: Have a "can-do" attitude. Be positive, upbeat, and focused. We are winners. • Communication: Share information, ask questions, listen effectively, speak thoughtfully, and let ideas live. • Development: Learn from each other. Teach, coach, and listen. Create an environment where everyone can be a "star". • Teamwork: Value different viewpoints. Execute the agreed-upon plans. Together everyone achieves more! • Change: Accept it. Embrace it. Initiate it. Do everything better, faster, and more value added. • Initiative: Seek opportunities. Use good judgment. Take intelligent risks. Champion ideas. • Accountability: Know your responsibilities. Live up to your commitments. • Trust: There’s nothing faster than the speed of trust! Extend it, cherish it, build it! • Safety: Choose to make safety a personal value. Think SAFE, Act SAFE, Be SAFE. • Charity: Do your best at improving the quality of life for our employees, our families, and the communities where we live and work. 1 CONFIDENTIAL SWIFT-Julian.000135 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 2 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 7 of 181 Dear Drivers, I believe congratulations are in order, as you have chosen to join the Swift Transportation team. Welcome to the family! At Swift, our goal isn’t to be just another trucking company. We aspire to something greater. We aspire to fulfill our mission and truly deliver a Better Life to all the individuals with whom we come in contact, each and every day. What does this mean? I’d like to introduce you to the four groups we impact most, and briefly share how we view our purpose. Swift seeks to better the lives of our Swift strives to deliver significant value to our employees through exceptional career customers, providing them exceptional opportunities. We have a proud on-time service and partnering to history of building and rewarding solve their most daunting people and are committed to organizational challenges. Ours continuing this into the is not just a passive future. We want all our commitment to supporting employees to share in customers. We care about Swift’s successes we them. They are part of our believe it all starts with family and we succeed Delivering a Better Life to when they succeed. drivers. Swift is committed to Swift operates with a honoring the trust that strong sense of purpose our investors have placed and responsibility to the in us. This industry is greater good of the resource intensive, trucks, communities in which we trailers, facilities, etc., live and do business. This require capital to acquire. Our includes our commitments to shareholders, many of whom are the highest levels of safety employees, are critical to our standards, as well as through success as they provide the participation with charitable partnership resources to grow and continue our organizations across the country. leading competitive position in the industry. You have become part of an organization with a rich tradition and a bright future and you’ve now joined our cause to Deliver a Better Life to millions of people every single day. Let me thank you for selecting Swift as your place of employment. Welcome to the Swift family. Richard Stocking, President & Chief Operation Officer 2 CONFIDENTIAL SWIFT-Julian.000136 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 3 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 8 of 181 SAFETY POLICY STATEMENT At Swift Transportation the safety of Swift people, the general public, and our customers is of utmost importance to us. Safety is and has always been one of our key cultural values and of highest priority. Safety is the responsibility of everyone including our professional drivers, our shop technicians, our office staff and all levels of leadership. We believe Safety is more than simply following the Federal, State, and Local laws and regulations. It is about continuing to strengthen a culture in which everyone chooses to work and drive safely and are recognized appropriately for doing so. We strive to hire drivers with a safety mind-set and a proven record of safe driving performance. We provide best in class training solutions for new entrants into the driving profession, and we provide the newest, best maintained equipment in the industry. We want everyone to always make it to their Most Important Stop-Home. Our objective is to provide best in class service to our customers by focusing continually on the three fundamentals of Safety, Service, and Speed. SAFETY VISION Swift’s Safety vision is a socially and environmentally responsible corporate citizen that is focused on the need to create a Safety Culture in which every employee is responsible for their personal safety and in which people "actively care" about the safety of others. The people of our organization are singularly focused on achieving a Crash-free and Injury-free workplace. Always be Safe by Choice, Not by Chance. Scott Barker, Vice President of Safety 3 CONFIDENTIAL SWIFT-Julian.000137 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 4 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 9 of 181 TABLE OF CONTENTS Section 1 – Employment Policies.................................................. 5 Includes: At-Will, Union Free, Equal Employment Practices, Employment Practices and Procedures, Code of Professional Conducts, Workplace Violence Policy, Dress Code, Benefits, Vacations, Holidays, Work Injury, Available Leaves, Facilities, Driving Related Policies, Keys, Medical Examination, Loss of CDL and Citations Section 2 – Safety Procedures & Prevention, Permits, Cargo & Equipment, Security & Theft...... 57 Includes: Safety Procedures & Prevention, Safe Driving Practices, Hazardous Materials, Crash/Cargo Claims, Citations and Violations, Security & Theft Prevention, Equipment Operation Section 3 – Equipment Operations............................................... 107 Section 4 – Driver Leader & Dispatch Expectations................................... 117 Section 5 – Logging Information................................................. 119 Includes: Procedure and Compliance, Sleeper Berth, Required Log Information, Keeping your Logs, Federal Regulation Rules and Discipline & Corrective Action Section 6 – Compensation..................................................... 137 Includes: Pay Period, Direct Deposit, Comchek, Advances, Lumper Reimbursement, Reimbursements, Accelerated Pay and Per Diem Pay Section 7 – Detention Processes and Pay.......................................... 142 Section 8 – Qualcomm and Macros............................................... 145 Section 9 – Student Information................................................. 170 4 CONFIDENTIAL SWIFT-Julian.000138 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 5 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 10 of 181 SECTION 1 – EMPLOYMENT POLICIES ABOUT THIS DRIVER HANDBOOK This Driver Handbook contains information about the employment policies and practices of Swift Transportation and its affiliated entities (hereinafter referred to as "Swift" or the "Company"). We expect SECTION 1 each Driver to read this Driver Handbook carefully as it is a valuable reference for understanding your job and the Company. All previously issued Driver Handbooks and any inconsistent policy statements — oral or written — are superseded. Except for the employment-at-will policy, Swift reserves the right to revise, delete or add to any and all policies, procedures, work rules or benefits stated in this Driver Handbook. All such revisions, deletions or additions must be in writing and must be signed by the Chief Executive Officer of the Company. No oral statements or representations can change or alter the provisions of this Driver Handbook. Nothing in this Driver Handbook (with the exception of the employment-at-will policy), or in any other personnel document, including benefit plan descriptions, creates, or is intended to create a contract, promise or representation of continued employment for any Driver. No Driver Leader or Leader has any authority to enter into a contract of employment — express or implied — with any Driver. Only the Chief Executive Officer of the Company has the authority to enter into an employment agreement, and then only in writing. Any binding commitments regarding your employment being anything other than at-will must be in writing and signed by the Chief Executive Officer of the Company. Not all Company policies and procedures are set forth in this Driver Handbook. We have summarized only some of the more important ones. If you have any questions or concerns about this Driver Handbook or any other policy or procedure, please ask your Driver Leader. EMPLOYMENT AT SWIFT IS AT-WILL Employment at Swift is at-will. This means that employment may be terminated for any or no reason, with or without cause or notice, at any time by you or Swift. Nothing in this Driver Handbook or in any other document or oral statement shall limit the right to terminate employment at-will. This policy of at-will employment may be revised, deleted or superseded only by a written employment agreement signed by the Chief Executive Officer, which expressly revises, modifies, deletes or supersedes the policy of at-will employment. Unless your employment is covered by such a written employment agreement signed by the Chief Executive Officer, this policy of at-will employment is the sole and entire agreement between you and the Company as to the duration of employment and the circumstances under which employment may be terminated. With the exception of employment at-will, terms and conditions of employment with Swift may be modified at the sole discretion of Swift with or without cause or notice at any time. No implied contract concerning any employment-related decision or term or condition of employment can be established by any other statement, conduct, policy or practice. Examples of the types of terms and conditions of employment that are within the sole discretion of Swift include, but are not limited to, the following: promotions; demotions; transfers; hiring decisions; compensation; benefits; qualifications; discipline; layoffs or recalls; rules; hours and schedules; work assignments; job duties and responsibilities; production standards; subcontracting; reduction, cessation, or expansion of operations; sale, relocation, merger, or consolidation of operations; determinations concerning the use of equipment, methods, or facilities; or any other terms and conditions. WORD ABOUT UNIONS OUR POSITION: UNION-FREE AND PROUD TO BE We are proud to say that Swift is union-free. We prefer to deal directly with our employees rather than through a union. Our personnel policies and programs are designed to meet the needs of employees, providing a positive environment where each employee enjoys maximum opportunity for open 5 CONFIDENTIAL SWIFT-Julian.000139 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 6 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 11 of 181 communication, conflict resolution and job satisfaction. We work hard to avoid the need for a union and do not think a union would add any value to us and our workforce. We want you to express your problems and suggestions to us directly via Human Resources, management or the Quality Assurance Feedback system so that we can understand each other better. You have that opportunity, and you may do so without having a third party limit the direct communication between you SECTION 1 and the Company. We will listen, and do our best to keep you safe, satisfied, informed and motivated. UNION CARDS Signing a union card is a significant matter. If you are ever approached, we urge you not to sign one. Union cards frequently contain language which "authorizes" a union to take away the right you now have to speak for yourself about your job. Unions sometimes use these signed cards and legal proceedings to try and get into a facility without an election. In effect, the signed cards become legally binding documents which turn many individual job rights over to the union. Experience has shown that once a card is signed and given to the union, it is difficult for an employee to get it back. If you are ever presented with a union card and would like more information or clarification, please feel free to speak with your supervisor or leader. EQUAL EMPLOYMENT PRACTICES The Company is an equal opportunity employer and makes employment decisions on the basis of merit. In accordance with applicable law, the Company prohibits discrimination based on race, color, religion, creed, sex, age, national origin or ancestry, disability, veteran status, or any other consideration protected by applicable federal, state or local laws. All such discrimination is unlawful. Further, Swift will not use genetic and/or family history information in any decision-making related to terms or conditions of employment. The Company’s commitment to equal opportunity employment applies to all persons involved in the operations of the Company and prohibits unlawful discrimination by any employee of the Company, including leaders and coworkers. If the Company determines that discrimination in violation of this policy has occurred, remedial action will be taken, commensurate with the severity of the offense. Appropriate action will also be taken to deter any future discrimination. The Company will not retaliate against any employee for filling a complaint and will not permit retaliation. Swift’s policy of nondiscrimination applies to all personnel and employment practices, including but not limited to: • Recruitment activities • Hiring • Promotions • Transfers • Layoffs or termination • Compensation of any kind • Selection for training • Educational programs HARASSMENT AND DISCRIMINATION Swift is committed to providing an environment free of unlawful harassment and discrimination. In accordance with applicable law, the Company prohibits discrimination and harassment and takes all reasonable steps to prevent such conduct from occurring. Harassment and/or discrimination on the basis of race, color, national origin, ancestry, religion, veteran status, creed, disability, age genetic information or any other basis protected by applicable federal, state, or local law is strictly prohibited. An employee or applicant who believes he/she has been subject to any form of harassment or discrimination may provide a verbal or written report to his/her leader and/or Human Resources representative. Such reports should be submitted as promptly as reasonably possible, and should be specific, and include names of the individuals involved and the names of any witnesses. All incidents of harassment, and or 6 CONFIDENTIAL SWIFT-Julian.000140 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 7 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 12 of 181 discrimination that are reported will be investigated. The Company will endeavor to protect the privacy and confidentiality of all parties involved to the extent possible, consistent with an appropriate investigation. If the Company determines that harassment or discrimination has occurred, it will take corrective action commensurate with the circumstances. Other action may also be taken to deter any future harassment or discrimination. SECTION 1 LIABILITY FOR HARASSMENT AND DISCRIMINATION Any Swift employee, including any supervisor or leader, who is found to have engaged in harassment or discrimination is subject to disciplinary action up to and including termination of employment. An employee who engages in harassment and/or discrimination may be held personally liable for monetary damages. The Company will not pay damages assessed personally against an employee. SEXUAL HARASSMENT DEFINED Federal law defines sexual harassment as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive working environment. Other examples of sexual harassment include, but are not limited to, unwanted sexual advances or visual, verbal or physical conduct of a sexual nature. This definition included many forms of offensive behavior. The following is a partial list: * Offering employment benefits in exchange for sexual favors or threatening reprisals after a negative response to sexual advances. * Visual conduct: leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons or posters. * Verbal conduct: making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee’s body or dress. * Verbal sexual advances or propositions. * Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations. * Physical conduct: touching, assaulting, impeding or blocking movements. * It is unlawful for males to sexually harass females or other males, and for females to sexually harass males or other females. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a supervisor or leader, or by persons doing business with or for the Company. This applies but is not limited to all electronic means of Company communication such as: telephones, voice mail, cellular phones, e-mail, text messages, Intranet, and Qualcomm. SWIFT’S HARASSMENT/DISCRIMINATION REPORTING PROCEDURE Swift’s reporting procedure provides for a prompt, thorough and objective investigation of any harassment or discrimination claim, appropriate disciplinary action against anyone found to have engaged in prohibited harassment or discrimination, and appropriate remedies to any victim of harassment or discrimination. An employee may have a claim of harassment or discrimination even if he or she has not lost their job or some other benefit. If you believe you have been harassed and/or discriminated against on the job, or if you are aware of the harassment or discrimination of others, please provide a written or verbal report as soon as possible to a Human Resources representative or your supervisor. Supervisors learning of, or observing, conduct which may constitute any type of harassment or discrimination will immediately advise a Human Resources 7 CONFIDENTIAL SWIFT-Julian.000141 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 8 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 13 of 181 representative. Any supervisor who fails to report a complaint or observed incident of any type of harassment or discrimination will be subject to discipline. The report should include details of the incident(s), the names of individuals involved, the names of any witnesses, direct quotes when relevant, and any documentary evidence (notes, pictures, cartoons, etc.). A Human Resources representative will investigate all incidents of harassment or discrimination that are SECTION 1 reported. The Company will endeavor to protect the privacy and confidentiality of all parties involved to the fullest extent possible consistent with a thorough investigation. Only those members of the Human Resources Department and other leaders with a "need to know" will be involved or provided details of the incident or investigation. If the Company determines that harassment or discrimination in violation of this policy has occurred, the Company will take remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment or discrimination. If a complaint of harassment or discrimination in violation of this policy is substantiated, appropriate disciplinary action, up to and including discharge, will be taken. PROTECTION AGAINST RETALIATION Applicable law also prohibits retaliation against any employee by another employee or by the Company for reporting an incident of harassment or discrimination, filing a complaint alleging unlawful harassment or discrimination or testifying, assisting or participating in any manner in any investigation, proceeding or hearing conducted by the Company, a federal or state enforcement agency, court of law, or arbitrator regarding a claim for harassment or discrimination. Please report any retaliation to a Human Resource representative or supervisor of the Company. Supervisors learning of, or observing, conduct which may constitute retaliation, regardless of whether or not it is their employee, or whether or not it is in their department, must promptly advise a Human Resources representative. Any report of retaliatory conduct will be promptly, objectively and thoroughly investigated in accordance with the Company’s investigation procedure outlined above. If a report of retaliation in violation of this policy is substantiated, appropriate disciplinary action, up to and including discharge, will be taken. AMERICANS WITH DISABILITIES ACT Swift complies with all relevant and applicable provisions of the Americans with Disabilities Act ("ADA"), and the ADA Amendments Act of 2008 ("ADAAA") as well as applicable state and local laws relating to disability in employment. In this regard, Swift will not discriminate against any qualified employee or job applicant with respect to any terms privileges, or conditions of employment because of his or her physical or mental disability. Swift will also reasonably accommodate all employees and/or applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential functions of the position and provided further that any such accommodation does not present an undue hardship to the Company. REASONABLE ACCOMMODATION To comply with applicable laws ensuring equal employment opportunity to qualified individuals with disabilities, the Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability unless an undue hardship on business operations or a direct threat to safety would result. An applicant who requires an accommodation to perform essential functions of the job he or she is seeking may request an accommodation during the interviewing/hiring process. An employee who requires an accommodation in order to perform the essential functions of the job he or she holds or is seeking should contact his/her leader and Human Resources representative to request an accommodation. Requests for accommodation may be made orally; written requests are not required (though they are recommended). A request for accommodation may be made by the employee or applicant, or by someone else on behalf of the employee or applicant. All requests for accommodation made by an employee or applicant will be forwarded to the Human Resources Department for consideration. 8 CONFIDENTIAL SWIFT-Julian.000142 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 9 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 14 of 181 The accommodation request should specify the accommodation(s) the employee or applicant needs to perform the job. The Company will consider the requested accommodation(s) and will engage in a dialogue with the employee/applicant regarding the request. The Company may also conduct an investigation to identify the barriers that make it difficult for the employee or applicant to perform the essential functions of the job. As part of the interactive process, the Company may propose an alternative to the requested accommodation(s), may substitute one reasonable accommodation for another and retains the ultimate SECTION 1 discretion to choose between or among reasonable accommodations. Every employee/applicant is expected to fully cooperate with Human Resources in the interactive process, including without limitation providing current medical information from his/her physician which demonstrates that a disability exists and the restrictions associated with the disability. The employee/applicant must supply requested information to be eligible for consideration. All medical information submitted will be maintained confidentially, to the extent possible and as required by law. INTERNAL COMPLAINT PROCEDURE Swift promotes open lines of communication to provide you an effective method to resolve work-related problems. We encourage open, honest, direct communication among all employees and supervisors/leaders. The Company’s Internal Complaint Procedure is there to resolve differences of opinion between you and your supervisor about how a Company policy is being applied. This procedure is not intended to limit direct communication between you and your supervisor. It is intended as a remedy when informal communication between you and your supervisor has failed to solve a problem. When you believe you have suffered employment discrimination or harassment you may take your complaint directly to a Human Resources representative. Under no circumstances will you be punished or adversely treated because you used the complaint procedure to resolve a problem. The complaint procedure consists of three steps: 1. A verbal discussion with in your supervisor. Your supervisor will generally provide a verbal response within 5 days. 3. If you disagree with your supervisor’s response, you may submit a signed, written appeal within ten business days, to your next level supervisor. Before you file a written appeal, you may discuss with a Human Resources representative whether or not the facts warrant a written complain; however, the decision rests with you. Your next level supervisor will respond to your complaint in writing generally within ten business days after receiving your appeal. A copy of the response will be provided to the Human Resources Department. 3. If you disagree with your next level supervisor’s answer, you may submit a signed, written appeal within ten business days to Human Resources. A designated Human Resources representative will thoroughly investigate the matter and make a written recommendation within ten business days to the Director/Vice President of Human Resources. The Director/Vice President will make a decision and respond to you generally within ten business days after receiving the recommendation of a Human Resources representative. The decision of the Director/Vice President of Human Resources will be final. Appeals involving issues relating to Safety, Security, Compliance, Training and disciplinary actions as a result of accidents or cargo claims will be determined by Driver Safety Performance Auditors. Appeals involving the preventability or non-preventability of crashes must be submitted to the Terminal Safety Consultant on a Crash Review Form within sixty (60) days from the determination of the crash. 9 CONFIDENTIAL SWIFT-Julian.000143 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 10 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 15 of 181 Written appeals may be typed or handwritten and must contain the following: 1. Policy that was not followed. 2. Driver Leader you advised about the situation. 3. Specific facts related to the situation. SECTION 1 4. The specific remedy that you want. EMPLOYMENT PRACTICES AND PROCEDURES EMPLOYMENT STATUS INTRODUCTORY PERIOD The first 90 days of continuous employment at Swift, during which you learn your responsibilities and get acquainted with your fellow employees, is considered an Introductory Period. During this time your performance will be closely monitored. Also, during this time you will have a chance to decide whether you are and will be happy with your job, and your Driver Leader will have the opportunity to determine whether you are adapting to your new work at the Company. After your Introductory Period, your continued employment will be determined based on your performance. If the Company decides you should continue to be employed, you will be advised of any improvements expected from you and you will be given the opportunity to express any recommendations that you have to improve the efficiency of the Company. The Company reserves the right to extend the Introductory Period for up to an additional 90 days with written notice to the employee. Completion of the Introductory Period does not guarantee continued employment. You remain employed at-will, which means employment may be terminated for any or no reason, with or without cause or notice, at any time by the Company or by you. DRIVER CLASSIFICATIONS Generally, Drivers at Swift are classified according to the Motor Carriers Act (MCA); however, because of their duties some Drivers are classified according to the Fair Labor Standards Act (FLSA). FULL-TIME DRIVERS: Hourly or salaried Drivers are normally scheduled to work at least 30 hours in a designated workweek, and are required to report time worked. PART-TIME DRIVERS: Hourly or salaried Drivers are scheduled to work less than 30 hours in a designated workweek. Part-time non-exempt Drivers may be assigned a regular work schedule or may work on an as needed basis, and are required to report time worked. Part-time Drivers are not eligible for benefits, except as required by applicable law. Part-time Drivers must report their time worked during the prior seven days to the Log Compliance Department. TEMPORARY DRIVERS: Temporary Drivers are those who are employed for short-term assignments. Short-term assignments will generally be periods of three months or less. Temporary Drivers are not eligible for Driver benefits, except as required by applicable law. BACKGROUND CHECKS The Company recognizes the importance of maintaining a safe and productive workplace. Our commitment is to employ only the best qualified individuals who are honest, trustworthy, reliable, non-violent and who do not present a risk of serious harm to their coworkers or others. For the benefit of all employees/drivers and the Company, in furthering these interests and enforcing the Company’s policies, the Company may 10 CONFIDENTIAL SWIFT-Julian.000144 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 11 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 16 of 181 perform, or request that third parties perform, "background checks," or other types of investigations. These background checks and investigations may be performed by the Company in whole or in part, at the Company’s discretion. Background checks and investigations performed for the Company may include the use of Consumer Reporting Agencies, which may gather and report information to the Company in the form of consumer or SECTION 1 investigative Consumer Reports. Such reports, if obtained, may contain information concerning your credit standing or worthiness, credit capacity, character, general reputation, personal characteristics, or mode of living. The types of reports that may be requested from Consumer Reporting Agencies under this policy include, but are not limited to, credit reports, criminal records checks, court records checks, driving records, and/or summaries of educational and employment records and histories. The information contained in these reports may be obtained by a Consumer Reporting Agency from private or public records sources or through personal interviews with your coworkers, neighbors, friends, associates, current or former employers, or other personal acquaintances. Pursuant to this policy, the Company may request Consumer Reports, including records checks and investigative reports based on interviews, in connection with your application for employment, or at any time during the course of your employment with the Company, for purposes of evaluating your suitability for employment, promotion, reassignment or retention as a Driver. The Company may otherwise obtain such reports, before, during and after your employment with the Company, for purposes of evaluating, investigating, or enforcing compliance with Company policies or in connection with responding to grievances or complaints, regardless of whether you remain in the employ of the Company at the time the report is requested. Employees/Drivers are expected to cooperate fully with this background check and investigation policy. Such cooperation includes, among other things, providing truthful and complete information in response to inquiries made by the Company or third party investigators during the course of investigations. Failure to cooperate in these respects, or any attempt to interfere with the Company’s implementation of this policy, or the Company’s efforts to obtain relevant information, will result in discipline, up to and including termination of employment. IMMIGRATION COMPLIANCE The Company will comply with applicable immigration law, including, but not limited to the Immigration Reform and Control Act of 1986 and the Immigration Act of 1990. Federal law requires all employers to verify the identity and employment eligibility of all persons hired in the United States. As a condition of employment, every individual must provide satisfactory evidence of his or her identity and legal authority to work in the United States. The most common forms of identification are a driver’s license and social security card; however, other documents can be used. Swift participates in E-verify, the service of the Department of Homeland Security ("DHS") and Social Security Administration ("SSA") to determine whether an employee’s From I-9 documentation is valid. If you have any questions or need more information on immigration law issues, please contact a Human Resource representative. RELATIVES AND INTIMATE RELATIONSHIPS AT WORK For the purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. Swift will not take any adverse employment action against any employee for engaging in relationships outside of work (either family or otherwise) during non-working hours and away from Swift’s premises. However, the Company will consider such relationships when they affect job performance, occur during working time or on company premises. A familial or intimate relationship among employees can create an actual, potential or perceived conflict of interest in the employment setting, especially where one relative, spouse, partner, etc., supervises another relative, spouse, partner, etc. To avoid this problem, the Company may refuse to hire or place a 11 CONFIDENTIAL SWIFT-Julian.000145 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 12 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 17 of 181 relative or other intimately associated individual in a position where the potential for favoritism or conflict exists. The Swift employee in the highest ranking position is required to notify his/her leader of the relationship. The Company will not allow a manager to directly supervise a relative or intimately associated individual. Relatives or intimately associated individuals currently involved in a manager/subordinate employment relationship which began before 1/1/2002 are'grandfathered’ in. Exceptions to this policy must be approved in writing by the Chief Executive Officer and kept on file in Human Resources. SECTION 1 In other cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship involved, one employee must be transferred to another position, to resolve the conflict, within ninety days. If a transfer is not feasible, one of the two employees must resign from the Company. If neither resigns, the Company will determine which employee, based on business necessity, is retained. JOB DUTIES During the Introductory Period, your Driver Leader will explain your job responsibilities and the standards that will be expected. Because flexibility is necessary, your job responsibilities may change at any time during your employment. One of the most important job duties of all Swift Drivers is the expectation that you will maintain a degree of loyalty to the Company. As part of your job, you are expected to perform all duties and assignments with the Company’s legitimate business interests in mind. You are also expected not to take any actions that would directly conflict with the Company’s legitimate business interests. In addition to your regularly assigned job responsibilities and duties you may, from time to time, be asked to work on special projects or to assist with other work important to the operation of your department or the Company. Your cooperation and assistance in performing additional work is expected. The Company reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities. WORKING HOURS AND SCHEDULES Your work schedule will be determined by Company requirements, freight availability for delivery and DOT regulations. TIMEKEEPING PROCEDURES ~ CITY OR LOCAL DRIVERS All hourly paid, city or local Drivers are required to record time worked for payroll purposes. These Drivers must record their own time at the start and end of each period, including before and after any lunch break required by local, state or federal law. Completing another Driver’s time record, allowing another Driver to complete your time record, altering or falsifying a working time record is prohibited. Your Driver Leader must approve any changes to your reported time worked. Drivers are prohibited from violating the Hours of Service Regulations. Any errors in your working time record should be reported immediately to your Driver Leader, who will attempt to correct legitimate errors. PAYCHECKS Paychecks and direct deposit confirmations are distributed on a weekly basis. Check with your Driver Leader for details. Only the Driver may receive his or her paycheck or direct deposit confirmation, unless written permission is given to release it to a specific individual. Information concerning a Driver’s paycheck, insurance coverage or federal and state tax withholding will only be released to the employee, unless the employee provides written authorization to release information for a personal or home loan or similar situation. 12 CONFIDENTIAL SWIFT-Julian.000146 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 13 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 18 of 181 PERFORMANCE EVALUATIONS Your supervisor will periodically review your performance and discuss the review with you. The frequency of performance evaluations may vary depending upon, among other things, length of service, job position, past performance, changes in job duties or recurring performance problems. Your performance evaluations will include a review of the quality and quantity of the work you perform, your SECTION 1 knowledge of your job, your initiative, your work attitude and your demonstrated adherence to Company policies, values and other related topics. The performance evaluation should help you become aware of the progress you are making, the areas in which you need to improve, and objectives or goals for future work performance. Positive performance evaluations do not guarantee increases in pay, promotions or continued employment. Pay increases and promotions are solely within the discretion of the Company and depend upon many factors in addition to your individual performance. JOB OPPORTUNITY Swift endeavors to afford career opportunities to employees by promoting or transferring employees from within the Company whenever possible. To facilitate this, designated full-time office and shop positions may be posted internally whenever possible, to allow Drivers to pursue promotional and career path opportunities. Management reserves the right to fill positions from sources outside the Company when Drivers are not selected internally, or when required by special circumstances or operational necessity. PERSONNEL RECORDS Your personnel file is the property of the Company, and the information it contains is private and extremely important, therefore, you should ensure that the personal data in the file is accurate and to date. Please immediately update any change of address, phone number, etc., on the kiosk. As a Driver of the Company you may inspect your personnel file, as provided by law, in the presence of a Company representative at a mutually convenient time. You may add your version of any disputed item to the file. The Company will restrict disclosure of your personnel file to authorized individuals within the Company. Any request for information from personnel files must be directed to the Human Resources Department. Only the Human Resources Department is authorized to release information about current or former Drivers. Requests for past employment information about employment dates, termination dates, number of preventable accidents, preventable accident details, reason for termination, re-employment status and DOT drug and alcohol results information on current or former Swift Drivers should be directed to Driver Facts at http://www.driverfacts.com or by calling 888-844-4730. Disclosure of personnel information to outside sources will be limited; however, the Company will cooperate with requests from authorized law enforcement or local, state or federal agencies conducting investigations, and will respond to subpoenas when required by law. Health/medical records are not included in your personnel file. These records are confidential and maintained in separate files. The Company will safeguard them from disclosure and will divulge such information only (1) as allowed by law; (2) to the Driver’s personal physician upon written request with permission of the Driver; or (3) as required for Work Injury cases or upon request by DOT. VOLUNTARY TERMINATIONS If you decide to leave your employment with Swift, we ask that you give us at least two weeks written notice. This will give us the opportunity to make the necessary adjustments in our operation. All Company-owned property (e.g., Qualcomm, vehicles, keys, lock kits, Driver Manual, identification badges, toll, credit and fuel cards, CB and/or radios, permit book and other company property) must be returned at the time of termination. The Company will track assets, and property not returned may be charged back to the employee in accordance with federal or state law. 13 CONFIDENTIAL SWIFT-Julian.000147 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 14 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 19 of 181 DRIVER REFERENCES All Driver requests for references must be from DriverFacts at www.driverfacts.com or 888-844-4730. No Leader, Driver Leader or other Swift employees is authorized to release references or prepare letters of recommendation for current or former Drivers. Swift complies with all DOT regulations regarding reporting and reserves the right to provide information to DriverFacts about accidents regardless of whether they are DOT-reportable or not. If you believe errors exist in your reference information, please contact SECTION 1 DriverFacts. CODE OF PROFESSIONAL CONDUCT Swift’s mission includes promotion of professional conduct in the practice of all employees, officers, and board members throughout the Company. One of our values is that all employees are held to the highest standards of veracity. We are honest and ethical in all our business dealings, starting with how we treat each other. We keep our promises and admit our mistakes. Our personal conduct ensures that Swift will be there to deliver for your future. Swift employees, officers, and board members hold an important and elevated role in corporate governance in that they are uniquely capable and empowered to ensure that all stakeholder’s interest are appropriately balanced, protected and preserved. This Code provides principles to which Swift’s employees, officers, and board members are expected to adhere and advocate. It embodies rules regarding individual and peer responsibilities as well as responsibilities to other employees, the public and other stakeholders. Employees, officers, and board members are expected to abide by this Code as well as any other applicable Swift policies or guidelines in the Driver and Non-Driver handbooks relating to the areas covered by this Code. The Company’s employees, officers, and board members will: * Act with honesty, integrity and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships. Compliance with this provision means that transactions involving conflicts of interest shall be approved by the Chief Financial Officer, Internal Audit Department, and/or any other appropriate person designated by the Company at its sole discretion or, if required by the Company’s policies or SEC rules, assuming the Company is an SEC registrant, by the Board of Directors or committee of directors. Provided appropriate approvals are obtained in accordance with the Company’s and the SEC’s policies and rules, a conflict of interest transaction will be considered to be in compliance with this Code and not a waiver of the Code. All employees, officers and board of Swift members are expected to: * Provide stakeholders with full, fair, accurate, timely, and understandable disclosures in reports and documents that the Company is required to file or submit to the SEC, registrant, and with its creditors and senior note holders. * Comply with applicable rules and regulations of federal, state, provincial and local governments, and other appropriate private and public regulatory agencies. * Act in good faith, responsibly, with due care, competence and diligence, without misrepresenting material facts or allowing one’s independent judgment to be subordinated. * Maintain the confidentiality of information obtained in the course of one’s work except when authorized or otherwise legally obligated to disclose. * Ensure that confidential information acquired in the course of one’s work is not used for personal advantage. * Obtain adequate training and share knowledge applicable to one’s duties and responsibilities to Swift and its stakeholders. * Proactively promote and be an example of ethical behavior among peers, in the work environment and in the community. * Achieve accountability of and control over all assets and resources engaged or entrusted in the course of one’s work. 14 CONFIDENTIAL SWIFT-Julian.000148 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 15 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 20 of 181 REPORTING UNPROFESSIONAL CONDUCT, ILLEGAL CONDUCT OR FRAUD All employees should promptly report any and all suspected violations of company policy to appropriate personnel. Reports may be anonymous however it is the Company’s policy that employees may make reports without fear of dismissal or retaliation of any kind. All reports will be thoroughly investigated. Safety related concerns may be reported to any Leader, the Human Resources or Safety Departments. SECTION 1 Employment related concerns should be reported through the internal complaint process and/or normal human resource channels. Reports of theft or unauthorized use of company property or services may be reported through the Security Tipline at 1-877-261-6622. Reports of fraud, questionable accounting or auditing matters or other illegal or improper conduct relating to the Company may be reported through Swift’s Whistleblower Policy, which is published externally to this Handbook. Whistleblower reports may be filed in writing, mailed to the attention of Swift’s General Counsel at Swift Transportation, 2200 South 75th Avenue, Phoenix, AZ 85043. In addition, these reports may be made by calling the Compliance Alertline at 1-888-293-3043 or by emailing whistleblower@swifttrans.com. Examples of whistleblower reports include but are not limited to questionable accounting or auditing matters, unlawful actions by or related to the Company, violation of company policy including the Code of Business Conduct and Ethics and Securities Trading Policy or any other serious improper or unethical conduct related to the Company. PERFORMANCE IMPROVEMENT PROCESS The Performance Improvement Process is designed to let Drivers know when their conduct or job performance does not meet acceptable standards and advise them that immediate and sustained improvement to meet standards must be attained. Swift Drivers are expected to demonstrate the highest level of personal conduct and job performance during scheduled work hours, when on Company property, when representing the Company and when operating Company vehicles. Should a driver’s conduct or job performance not meet the Company’s high standards, leaders will review the situation, and if warranted, will counsel the Driver to raise conduct or job performance to an acceptable level. A Driver’s inability or unwillingness to modify conduct or improve job performance to an acceptable level may result in termination. Management reserves the right to immediately terminate employment without following the performance improvement process for conduct or job performance incidents. Generally, the process will begin with one or more Informal (written) Performance Counseling Reports (PCR). If the Driver’s conduct or job performance does not improve, the process will generally progress to more serious steps, up to and including termination of employment. Such steps may involve Formal (written) PCRs which become a permanent part of the Driver’s personnel file. If a Driver disagrees with the PCR, he or she may file an appeal by following the Internal Complaint Procedure. Leaders maintain the absolute discretion to determine the appropriate level of discipline based on relevant the circumstances. With prior Human Resources approval, a supervisor may suspend a Driver for a reasonable period of time to permit the Company to investigate whether the facts surrounding serious policy violations or misconduct should lead the Company to summarily terminate the Driver. Suspensions should normally last no longer than one work week. 15 CONFIDENTIAL SWIFT-Julian.000149 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 16 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 21 of 181 PROHIBITED CONDUCT There are many employees working together at Swift, and we need to safeguard our security, personal safety, welfare and Company operations. The following prohibited conduct will not be tolerated by Swift and may lead to immediate termination of employment. This list of prohibited conduct is ILLUSTRATIVE ONLY. Other types of conduct detrimental to security, personal safety, employee welfare and the Company’s interests may also be prohibited: SECTION 1 1. A violation of the DOT and/or Company Drug and Alcohol Policy. 2. Text messaging, videotaping or emailing while driving a Company vehicle or while acting within the scope of employment. 3. Failure to report an incident or accident regardless of its severity, or multiple incidents or accidents while driving a Company vehicle. 4. The destruction, abuse, misuse, theft, or unauthorized removal, use or possession of property belonging to the Company, another employee, or a Swift account or customer. May be subject to criminal prosecution. 5. Disregard for the safety of one’s self or other employees, or committing unsafe acts. 6. Tampering with Company equipment (e.g. engine management systems; fuel pump; etc.). 7. Destruction of Company equipment or property. May be subject to criminal prosecution. 8. Committing or threatening to commit an unsafe act that results in, or may result in serious injury of one’s self or other employees or destruction of Company property. 9. Concealing, carrying or possessing weapons or explosive devices while on Company time, business, property (includes tractor and trailer) or while representing the Company. May be subject to criminal prosecution. 10. Threats, coercion or use of insulting, offensive or abusive language or conduct toward others, including employees, Managers or customers. 11. Insubordination, including refusal or failure to perform work in accordance with instruction. 12. Dishonesty. 13. Unauthorized passenger(s) or pet(s) in a Company vehicle. 14. Improper completion, misrepresentation, omission or falsification of employment application, expense reports, timecards or any other Company records or reports. 15. Unauthorized absence from work for three (3) or more consecutive scheduled workdays. This will be considered a voluntary resignation. 16. A pattern of harassment or an extremely serious single incident of harassment 17. Deviation from assigned work schedule, leaving the job or work area without Driver Leader’s approval, or sleeping on duty (sleeper berth time-is not on duty time). 18. Solicitation or distribution of materials during work time or in work areas. 19. Failure to cooperate in a Company investigation. 20. Possessing a radar detector and/or jamming device in any Company owned vehicle 21. Failure to provide,'Yearly Violation Statement,’ or failure to be medically certified as required by DOT. 22. Violations of the Hours of Service regulations, missing logs or falsifying of log books/e-logs. Failure to obtain Terminal Leader’s approval prior to working a second job outside of the transportation industry, or working a second job related to the transportation industry. 23. Dropping a loaded trailer at any location other than a secured terminal or secured drop yard, or failing to obtain consignee’s signature prior to dropping at a consignee’s yard. Failure to maintain visual contact at all times with any HIGH VALUE load trailer; dropping a HIGH VALUE load trailer at any unsecured terminal or drop yard; failure to follow the King Pin and Padlock procedure. 24. Failure to report any citations or violations within 24 hours of receipt. Or, failure to resolve such violations. 25. Posting notices, signs or writings in any form on official Company bulletin boards or property, or removing any Company placed notices, signs or writings from Company bulletin boards or property. 16 CONFIDENTIAL SWIFT-Julian.000150 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 17 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 22 of 181 26. Gambling, lottery or any other games of chance on Company or customer property (includes tractor or trailer), time or while representing the Company. 27. Offering to sell, selling, offering to buy or buying while in the course and scope of employment, what a'reasonable person,’ would believe to be stolen or misappropriated merchandise; attempting to remove or removing, attempting to accept or accepting any product being transported. May result in criminal prosecution. SECTION 1 28. Having three or more service failures within a twelve-month period that fall below 97.5% on time delivery. 29. Disclosure of trade secrets or other confidential information. 30. Performing other work, whether or not it is self-employment or the Driver’s own business enterprise, while on any leave of absence (except military duty while on military leave of absence) or during scheduled work hours. 31. Unauthorized physical contact or threats with a Swift employee, customer, vendor or a member of the motoring public; assault, battery, violence or threats of violence against one’s self or others. May be subject to criminal prosecution. 32. At no time will a Student Driver operate any Swift tractor without a Driver Trainer being present. 33. Taking prescription medications without proper approval from the Safety Dept. prior to performing a safety sensitive function. 34. Failure to report to the Driver’s Driver Leader within 72 hours the loss, revocation, or suspension of CDL or any other license or certification required to perform a job (or required by the job description). This statement of prohibited conduct does not alter the Company’s policy of employment at-will. Either you or the Company may terminate the employment relationship at any time, for any or no reason, with or without cause or with or without prior notice. SWIFT TRANSPORTATION SPEED PARAMETER ADDENDUM This policy supersedes, replaces and voids any and all prior speed parameter policies in the Driver Handbook or elsewhere. SPEED PARAMETERS A primary concern to Drivers and the motoring public is their safety. We have set the following speed parameters guidelines: Company Drivers: 62 MPH The following parameters are violations of our speed policy: • Recorded speed of 67 MPH or higher • Any time between the range of 67 – 70 MPH (Excessive) • Any time greater than 70 MPH (Flagrant) • Any tampering of equipment. The following disciplinary action may occur if any of the above is discovered within 12 months of another violation: First warning: Written warning Second warning: Written warning and personal conference Third warning: Probation and suspension Fourth warning: Recommended termination of employment 17 CONFIDENTIAL SWIFT-Julian.000151 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 18 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 23 of 181 OFF-DUTY CONDUCT The Company will not take any adverse employment action against any Driver for engaging in unlawful conduct occurring during non-working hours away from Swift’s premises. However, under certain circumstances, if a Driver’s personal conduct begins to adversely affect either his or her performance on the job, or begins to make it impossible for him or her to carry out any one or all of his or her job duties while at work, appropriate discipline up to and including discharge may be appropriate. Off duty conduct SECTION 1 which adversely affects the Company’s legitimate business interests or your ability to perform your job will not be tolerated. DISCLOSURE OF CONFLICTS OF INTEREST Each employee should make prompt and full disclosure in writing to his or her immediate supervisor and, as appropriate, the Chief Financial Officer and the Director of Internal Audit, any situation that may involve a conflict of interest. This includes, by way of example, but not as a complete list: • Ownership of a material financial interest in any outside enterprise that does or seeks to do business with, or is a competitor of, the Company. • Serving or performing work for an outside enterprise that does or seeks to do business with, or is a competitor of, the Company. This includes, for example, serving as an employee, partner, director, officer or consultant. • Acting as a broker, finder or intermediary for the benefit of a third party in transactions involving the Company or its interests. • Incurring significant personal indebtedness to any concern or business with whom Swift is conducting business or has the potential to conduct business, either as a vendor, customer or service provider. • Any arrangement or circumstance, including family or other personal relationships, which might cause the employee not to act in the best interest of the Company, or that presents the appearance of a conflict of interest. • An individual shall not vote on, influence, or make recommendations regarding a transaction or decision when an individual or a member of his or her family has a material interest in an entity or property involved in the transaction or decision, unless such interest or relationship has been properly disclosed to and approved by Swift. For individuals whose duties include the purchase of goods or services for Swift, such individuals must seek multiple vendor bids/proposals and select a vendor that will best serve the interests of Swift. If the Company has reason to believe that an individual subject to this policy has failed to disclose an actual or potential conflict of interest, it shall inform the employee of the basis for such belief and afford the individual an opportunity to explain the alleged failure to disclose. If, after hearing the response of the individual and making any further investigation the Company determines that the individual has failed to make a required disclosure, it shall take appropriate disciplinary and corrective action up to and including termination of employment. CONFIDENTIALITY POLICY Information about Swift, its employees, customers, suppliers and vendors is to be kept confidential and divulged only to individuals within the Company who have a need to know and are authorized to receive such information. This applies to all employees responsible for maintaining the integrity of information, with added emphasis for those employees working in Finance, Payroll, Human Resources, Safety, Operations, Customer Service, Shop and other departments where fiduciary, vendor and/or customer information is maintained. If in doubt as to whether information should be divulged, err in favor of not divulging information and discuss the situation with your supervisor. Nothing in this provision shall be deemed to abridge an individual’s right to discuss wages, working conditions or any right guaranteed under the National Labor Relations Act, as amended, and this provision should and will be construed and interpreted to ensure that such rights remain unaffected. 18 CONFIDENTIAL SWIFT-Julian.000152 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 19 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 24 of 181 All records and files maintained by the Company are confidential and remain the property of the Company. Records and files are not to be disclosed to any outside party without the express permission of the Chief Executive Officer or an Executive Vice President. Under no circumstances may any person disclose or discuss confidential information or any information pertaining to other employees to which this person gains access as a result of his or her position and job duties, to any third-party or to any employees within the Company not otherwise allowed to gain access to such information. Confidential information includes, but is in no way limited SECTION 1 to financial records, personnel information, medical records, customer/account information, information regarding vendors or suppliers, or any documents or information regarding Company operations, procedures or practices. Such confidential information may not be removed from the Company premises without express authorization. If violations occur, such as breach of trust from an individual with access to customer or personnel information, or the improper accessing of such information, it will result in immediate termination. Confidential information obtained during or through employment with the Company may not be used by any employee, for the purpose of furthering current or future outside employment or for obtaining personal gain or profit. The Company reserves the right to avail itself of all legal or equitable remedies to prevent impermissible use of confidential information or to recover damages incurred as a result of such impermissible use of confidential information. UNAUTHORIZED USE OF COMPANY PROPERTY OR SERVICES You may not use Company property and services for your personal benefit or the benefit of others unless approved by a Vice President or Executive Vice President. You are responsible for protecting Company assets, including the Company’s trade secrets, technology and other confidential or proprietary data and information. Personal Gain. All employees should act in the best interest of the Company to the exclusion of personal advantage in their dealings with current and potential customers, suppliers, contractors and competitors. Corporate Opportunities. Directors and employees shall not personally gain from opportunities that are discovered through the use of Company information or as a result of the director or employee’s position with the Company. Furthermore, directors and employees should not compete with the Company unless such competition is disclosed to the Chief Financial Officer or Director of Internal Audit and approved or determined to be immaterial. Employees and directors have a duty to the Company to protect its legitimate business interests. Loans or Guarantees. Directors, executive officers and other employees may not, except as permitted by law, accept loans or guarantees from the Company for themselves or their family members. OUTSIDE EMPLOYMENT The Company understands that occasionally an employee must obtain other employment to supplement his/her primary employment or operate his/her own business operation. Outside employment is not prohibited, but it must not conflict in any way with your responsibilities within our Company. The policy of the Company is that no employee is permitted to have an outside interest that: * Conflicts with his/her work schedule, duties and responsibilities or creates a conflict of interest. * Impairs or has a detrimental effect on his/her work performance with the Company. * Requires him/her to conduct work or related activities on Company property, during Company working hours or using Company facilities and/or equipment. * Gives the impression that Swift sponsors, promotes or supports the outside interest, event, or Company where the individual is also employed. 19 CONFIDENTIAL SWIFT-Julian.000153 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 20 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 25 of 181 For the purposes of this policy, self-employment is considered outside employment. Outside employment related to the transportation industry, or that would have a direct impact on Swift, must be approved in writing by the Chief Executive Officer or an Executive Vice President. The Company shall not provide Work Injury coverage or any other benefit for injuries occurring from or arising out of outside employment. SECTION 1 DRUG AND ALCOHOL POLICY Swift Transportation is dedicated to the health and safety of our Drivers. Drug and/or alcohol use may pose a serious threat to Driver health and safety. Therefore, it is the policy of Swift Transportation to prevent the use of drugs and alcohol from having an adverse effect on our Drivers. The serious impact of drug use and alcohol abuse has been recognized by the federal government. The Federal Motor Carrier Safety Administration (FMCSA) has issued regulations, which require the Company to implement an alcohol and controlled substances testing program. The purpose of the FMCSA issued regulations is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by Drivers of commercial motor vehicles. Swift has adopted certain policies, procedures, rules and regulations that will enable the Company personnel to work more efficiently and safely together and with others. The Company will comply with these regulations and is committed to maintaining a drug-free workplace. SWIFT IS A ZERO TOLERANCE COMPANY 1. Drugs Swift’s drug policy provides that the use, sale, purchase, transfer, possession, or presence in ones system of any controlled substance (except medically prescribed drugs) by any driver while on the Company premises, engaged in Company business, operating Company equipment, or while under the authority of Swift Transportation is strictly prohibited. Appropriate disciplinary action will be imposed for any violation of this policy 2. Alcohol Swift’s alcohol policy provides that a driver may not: • Consume or be under the influence of alcohol within 12 hours of: (A) going on duty, (B) being on Swift’s property; or (C) operating, or having physical control of a motor vehicle; or • Consume or be under the influence of alcohol while on duty, or operating, or in physical control of a motor vehicle; or • Possess any alcohol while on duty, or operating, or in physical control of a motor vehicle, other than intoxicating beverages transported under a manifest as part of a shipment. This prohibition includes having any alcoholic beverage containers, full or empty, consumed or unconsumed, on a Swift truck or property at any time. Swift’s zero tolerance policy also extends to any drug or alcohol paraphernalia. This includes items used to defeat or tamper with company and DOT drug and alcohol tests. This policy also includes substances that may impair your ability to safely operate the equipment (ie. "Fake Weed", "K-2", "Spice", "JWH 018", "Bath Salts", "Bliss", "Ivory Snow", "Vanilla Sky", etc.) Any such items found will be grounds for immediate termination of employment or contract. Neither this policy nor any of its terms is intended to create a contract of employment or contain the terms of any contract of employment. The Company retains the sole right to change, amend, or modify any term or provision of this policy without notice. This policy supersedes all prior policies and statements relating to alcohol or drugs. 20 CONFIDENTIAL SWIFT-Julian.000154 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 21 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 26 of 181 DRUG AND ALCOHOL PROCEDURES All Drivers who operate commercial motor vehicles that require a commercial Driver’s license under 49 CFR Part 383 are subject to the FMCSA’s drug and alcohol regulations, 49 CFR Part 382. The Federal Motor Carrier Safety Regulations (FMCSRs) set the minimum requirements for testing. The Company’s policy in certain instances may be more stringent. Any differences between the FMCSR’s and SECTION 1 Company policy are clearly noted. WHO IS RESPONSIBLE It is the Company’s responsibility to provide testing for the Driver that is in compliance with all federal and state laws and regulations, and within the provisions of this policy. The Company will retain all records related to testing, and the testing process in a secure and confidential matter. Swift Transportation’s alcohol and drug program administrator who is designated to monitor, facilitate, and answer questions pertaining to these procedures is: Safety Director Drug & Alcohol Compliance Supervisor P.O. Box 29243 Phoenix, AZ 85038-9243 (800) 800-2200 The Driver is responsible for complying with the requirements set forth in this policy. All supervisors must make every effort to be aware of a Driver’s condition at all times the Driver is in service of the Company. The supervisor must be able to make reasonable suspicion observations to determine if the Driver is impaired in some way, and be prepared to implement the requirements of this policy if necessary. DEFINITIONS When implementing and interpreting the drug and alcohol policies and procedures required by the FMCSA as well as the policies and procedures required by the Company, the following definitions apply: • Actual knowledge means actual knowledge by an employer that a Driver has used Alcohol or controlled substances based on the employer’s direct observation of the Driver, information provided by the Driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or a controlled substance, or a Driver’s admission of alcohol or controlled substance use under the provisions of Sec. 382.121. Direct observation as used in this definition means observation of alcohol or controlled substance use and does not include observation of Driver behavior or physical characteristics sufficient to warrant reasonable suspicion testing under Sec. 382.307 • Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. • Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test. • Alcohol screening device (ASD). A breath or saliva device, other than an Evidential.Breath-Testing device (EBT) that is approved by the National Highway Traffic Safety Administration (NHTSA) and placed on a conforming products list (CPL) for such devices. • Alcohol use means the consumption of any beverage, liquid mixture, or preparation, including any medication, containing alcohol. • Breath Alcohol Technician (or BAT). An individual who instructs and assists individuals in the alcohol testing process, and operates an evidential breath testing device (EBT). • CFR means Code of Federal Regulations. • Collection site. A place designated by the Company, where individuals present themselves for the purpose of providing a urine specimen for a drug test. 21 CONFIDENTIAL SWIFT-Julian.000155 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 22 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 27 of 181 • Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: o Has a gross combination weight rating of 26,001 or more pounds (11,794 or more kilograms) inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds (4,536 kilograms); or o Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); SECTION 1 or o Is designed to transport 16 or more passengers, including the Driver; or o Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placard under the Hazardous Materials Regulations (49 CFR Part 172, subpart F). • Confirmation (or confirmatory) drug test means a second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite. • Confirmation (or confirmatory) validity test means a second test performed on a urine specimen to further supports validity test result. • Confirmed drug test means a confirmation test result received by an MRO from a laboratory. • Consortium/Third-party administrator (C/TPA) is a service agent that provides or coordinates the provision of a variety of drug and alcohol testing services for the Company. C/TPAs typically perform administrative tasks concerning the operation of the Company’s drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members. C/TPAs are not "employers." • Controlled substances mean those substances identified in 49 CFR, Section 40.85. In accordance with FMCSA rules, urinalyses will be conducted to detect the presence of the following substances: • Marijuana • Cocaine • Opiates • Amphetamines • Phencyclidine (PCP) Detection levels requiring a determination of a positive result shall be in accordance with the guidelines adopted by the FMCSA in accordance with the requirements established in 49 CFR, Section 40.87. • Designated employer representative (DER) is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove Drivers from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee of the Company. Service agents cannot serve as DERs. • Disabling damage means damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs Inclusions: • Damage to motor vehicles that could have been driven, but would have been further damaged if so driven. Exclusions: • Damage that can be remedied temporarily at the scene of the accident without special tools or parts. • Tire disablement without other damage even if no spare tire is available. • Headlight or taillight damage. • Damage to turn signals, horn, or windshield wipers that make them inoperative. 22 CONFIDENTIAL SWIFT-Julian.000156 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 23 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 28 of 181 • Driver means any person who operates a commercial motor vehicle. This includes, but is not limited to: full time, regularly employed Drivers; casual, intermittent or occasional Drivers; leased Drivers and independent, owner-operator contractors who are either directly employed by or under lease to an employer or who operates a commercial motor vehicle at the direction of or with the consent of an employer. • Drug means any substance (other than alcohol) that is a controlled substance as defined in this SECTION 1 policy and 49 CFR Part 40. • Evidential breath testing device (EBT). A device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath alcohol concentrations, placed on NHTSA’s Conforming Products List (CPL) for "Evidential Breath Measurement Devices’’ and identified on the CPL as conforming with the model specifications available from NHTSA’s Traffic Safety Program. • FMCSA means Federal Motor Carrier Safety Administration, U.S. Department of Transportation. • Licensed medical practitioner means a person who is licensed, certified, and/or registered, in accordance with applicable federal, state, local, or foreign laws and regulations, to prescribe controlled substances and other drugs. • Medical Review Officer (MRO). A person who is a licensed physician (Doctor of Medicine or Osteopathy) and who is responsible for receiving and reviewing laboratory results generated by the Company’s drug testing program and evaluating medical explanations for certain drug test results. • Performing (a safety-sensitive function) means a Driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. • Prescription Medications means the use (by a Driver) of legally prescribed medications issued by a licensed health care professional familiar with the Driver’s work related responsibilities. • Refuse to submit (to an alcohol or controlled substances test) means that a Driver: o Fails to appear for any test (except pre-employment) within a reasonable time, as determined by the Company, consistent with applicable DOT regulations, after being directed to do so by the Company. This includes the failure of a Driver (including an owner-operator) to appear for a test when called by a C/TPA; o Fails to remain at the testing site until the testing is complete (except pre-employment if the Driver leaves before the testing process begins); o Fails to provide a urine specimen for any DOT required drug test (except pre-employment if the Driver leaves before the testing process begins); o In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the Driver’s provision of the specimen; o Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; o Fails or declines to take a second test the employer or collector has directed the Driver to take; o Fails to undergo a medical examination or evaluation, as directed by the MRO as pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment); o Fails to cooperate with any part of the testing process; or o Is reported by the MRO as having a verified adulterated or substituted test result. o Safety-sensitive function means all time from the time a Driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. 23 CONFIDENTIAL SWIFT-Julian.000157 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 24 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 29 of 181 SAFETY-SENSITIVE FUNCTIONS INCLUDE: • All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the Driver has been relieved from duty by the Company; • All time inspecting equipment as required by Secs. 392.7 and 392.8 or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; • All time spent at the driving controls of a commercial motor vehicle in operation; SECTION 1 • All time, other than driving time, in or upon any commercial motor vehicle, except time spent resting in a sleeper berth (a berth conforming to the requirements of Sec. 393.76); • All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and • All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle SCREENING TEST (OR INITIAL TEST) MEANS: • In drug testing, a test to eliminate "negative" urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs. • In alcohol testing, an analytical procedure to determine whether a Driver may have a prohibited concentration of alcohol in a breath or saliva specimen. • Screening test technician (STT). A person who instructs and assists Drivers in the alcohol testing process and operates an alcohol-screening device (ASD). • Stand-down means the practice of temporarily removing a Driver from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive drug test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test results. • Substance abuse professional (SAP). A person who evaluates Drivers who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. A SAP must be: o a licensed physician (Doctor of Medicine or Osteopathy); o a licensed or certified social worker; o a licensed or certified psychologist; o a licensed or certified employee assistance professional; or o a drug and alcohol counselor certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission (NAADAC) or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC). ALCOHOL PROHIBITION Swift’s policy provides that a Driver may not: 1. Consume or be under the influence of alcohol within 12 hours of: (A) going on duty, (B) Being on Swift’s Property; (C) operating, or having physical control of a motor vehicle; or 2. Consume or be under the influence of alcohol while on duty, or operating, or in physical control of a motor vehicle; or 3. Possess any alcohol while on duty, or operating, or in physical control of a motor vehicle, other than intoxicating beverages transported under a manifest as part of a shipment. Note: Swift’s Alcohol Prohibition Policy provides for zero tolerance. This policy differs from that prescribed in FMCSR Sec. 382.505. 24 CONFIDENTIAL SWIFT-Julian.000158 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 25 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 30 of 181 DRUG PROHIBITION Part 382, Subpart B, prohibits any drug use that could affect the performance of safety-sensitive functions. This drug prohibition includes: – use of any drug, except when administered to a Driver by, or under the instructions of, a licensed medical practitioner, who has advised the Driver that the substance will not affect the Driver’s ability to safely operate a commercial motor vehicle. (The use of marijuana under California Proposition SECTION 1 215; or the use of any Schedule I drug under Arizona Proposition 200; or any other state propositions/laws similar to these are not a legitimate medical explanation. Under federal law, the use of marijuana or any Schedule I drug does not have a legitimate medical use in the United States.); – testing positive for drugs; or – refusing to take a required test. All Drivers will inform his/her Driver Leader of any therapeutic drug use prior to performing a safety-sensitive function. He/she may be required to present written evidence from a health care professional which describes the effects such medications may have on the Driver’s ability to perform his/her tasks. An non-driving employee of Swift Transportation transferring to a driving position is also subject to and must pass a urine drug test as a condition of the transfer. A Driver who tests positive for controlled substances, alcohol or other intoxicants in his/her body will be subject to disciplinary action up to and including termination. Reasonable Suspicion Testing (Sec. 382.307): If the Driver’s supervisor or another Company official designated to supervise Drivers believes a Driver is under the influence of alcohol or drugs, the Driver will be required to undergo a drug and/or alcohol test. The basis for this decision will be specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of the Driver. The Driver’s supervisor or another Company official will immediately remove the Driver from any and all safety-sensitive functions and take the Driver or make arrangements for the Driver to be taken to a testing facility. The person who makes the determination that reasonable suspicion exists to conduct an alcohol test may not administer the alcohol test. Per FMCSA regulation, reasonable suspicion alcohol testing is only authorized if the observations are made during, just preceding, or after the Driver is performing a safety sensitive function. A Driver awaiting the results of a reasonable suspicion drug test will be suspended pending results of the test. Post-Accident Testing (Sec. 382.303): Drivers are to notify the Swift Claims Department as soon as possible if they are involved in an accident. According to FMCSA regulations (Sec. 382.303), if the accident involved: – a fatality, – bodily injury with immediate medical treatment away from the scene and the Driver received a citation, or – disabling damage to any motor vehicle requiring tow away and the Driver received a citation for a moving traffic violation arising from the accident, The Driver will be tested for drugs and alcohol as soon as possible following the accident. The Driver must remain readily available for testing. If the Driver isn’t readily available for alcohol and drug testing, he/she may be deemed as refusing to submit to testing. A Driver involved in an accident may not consume alcohol for 8 hours or until testing is completed. 25 CONFIDENTIAL SWIFT-Julian.000159 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 26 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 31 of 181 If the alcohol test is not administered within 2 hours following the accident Swift Claims Department will prepare a report and maintain a record stating why the test was not administered within two hours. If the alcohol test is not administered within 8 hours following the accident, all attempts to administer the test will cease. A report and record of why the test was not administered will be prepared and maintained. The drug test must be administered within 32 hours of the accident. If the test could not be administered SECTION 1 within 32 hours, all attempts to test the Driver will cease. Post-accident testing will be done in accordance with DOT regulations. Random Testing (Sec. 382.305): Swift Transportation will conduct random testing for all Drivers as follows: – Swift Transportation will use a Company wide selection process based on a scientifically valid method, prescribed by FMCSA regulations. The random testing will be spread reasonably throughout the calendar year. All random alcohol and drug tests will be unannounced, with each Driver having an equal chance of being tested each time selections are made. A Driver may only be tested for alcohol while he/she is performing a safety-sensitive function, just before performing a safety-sensitive function, or just after completing a safety-sensitive function. Once notified that he/she has been randomly selected for testing, the Driver must proceed immediately to the assigned collection site. REFUSAL TO SUBMIT According to Sec. 382.211, a Driver may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or controlled substances test required by the regulations. A Driver who refuses to submit to such tests may not perform or continue to perform safety-sensitive functions and must be evaluated by a substance abuse professional as if the Driver tested positive for drugs or failed an alcohol test. (Please refer to page 20 for Swift’s policy.) Refusal to submit includes failing to provide adequate breath or urine sample for alcohol or drug testing and any conduct that obstructs the testing process. This includes adulteration or substitution of a urine sample. ALCOHOL TESTING PROCEDURES Alcohol testing will be conducted at a collection site authorized by Swift by a qualified breath alcohol technician (BAT) or screening test technician (STT), according to 49 CFR Part 40 procedures. Only products on the conforming products list (approved by the National Highway Traffic Safety Administration (NHTSA)) and Part 40 requirements will be utilized for testing under this policy. The testing will be performed in a private setting. Only authorized personnel will have access, and are the only individuals who can see or hear the test results. When the Driver arrives at the testing site, the BAT or STT will ask for identification. The Driver may ask the BAT or STT for identification. Refusal to complete and sign the alcohol testing form or refusal to provide breath or saliva will be considered a failed test, and the Driver will be removed from all safety-sensitive functions until the matter is resolved. DRUG TESTING PROCEDURES Drug testing will be conducted at a Swift approved collection site. Specimen collection will be conducted in accordance with 49 CFR Part 40 and any applicable state law. The collection procedures have been designed to ensure the security and integrity of the specimen provided by each Driver. The procedures will strictly follow federal chain of custody guidelines. 26 CONFIDENTIAL SWIFT-Julian.000160 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 27 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 32 of 181 A drug testing custody and control form (CCF) will be used to document the chain of custody from the time the specimen is collected at the testing facility until it is tested at the laboratory. When the Driver arrives at the collection site, the collection site employee will ask for identification. The Driver may ask the collection site person for identification. The Driver will be asked to remove all unnecessary outer garments (coat, jacket) and secure all personal SECTION 1 belongings. The Driver may keep his/her wallet. Results: According to FMCSA regulation, the laboratory must report all test results directly to Swift Transportation’s medical review officer (MRO). All test results must be transmitted to the MRO in a timely manner, preferably the same day that the review by the certifying scientist is completed. All results must be reported. The MRO is responsible for reviewing and interpreting all confirmed positive, adulterated, substituted, or invalid drug test results. The MRO must determine whether alternate medical explanations could account for the test results. The MRO must also give the Driver who has a positive, adulterated, substituted, or invalid drug test an opportunity to discuss the results prior to making a final determination. After the decision is made, the MRO must notify the DER. If the MRO, after making and documenting all reasonable efforts, is unable to contact a tested Driver, the MRO shall contact the DER instructing him/her to contact the Driver. The DER will arrange for the Driver to contact the MRO before going on duty. The MRO may verify a positive, adulterated, substituted, or invalid drug test without having communicated with the Driver about the test results if: – the Driver expressly declines the opportunity to discuss the results of the test; – neither the MRO or DER has been able to make contact with the Driver for 10 days; or – within 72 hours after a documented contact by the DER instructing the Driver to contact the MRO, the Driver has not done so. Split Sample: As required by FMCSA regulations, the MRO must notify each Driver who has a positive, adulterated, substituted, or invalid drug test result that he/she has 72 hours to request the test of the split specimen. If the Driver requests the testing of the split, the MRO must direct (in writing) the lab to provide the split specimen to another certified laboratory for analysis. The applicant or employee will pay for the testing of the split specimen. NEGATIVE DILUTE POLICY Drivers and driver applicants who receive a Negative Dilute drug screen test result will be immediately retested. A second negative dilute test will result in termination of employment or contact. If the driver wishes to contest the termination, he or she may submit to a hair sample test. The hair sample test must be completed within 72 hours of notification of the second Negative Dilute test result. The test will be conducted as a NON-DOT test, (over and above what is required by DOT) and must be completed at a Swift designated location. The driver will not be allowed to operate equipment pending the outcome of the test. The initial cost of the hair sample test will be paid for by the driver. If the test results are negative, the driver will be reimbursed for the testing and will not be terminated. If the results are positive, the driver’s employment or contract will be terminated and the driver will not be reimbursed for the test. 40.197 What happens when an employer receives a report of a dilute specimen? (a) As the employer, if the MRO informs you a positive drug test was dilute, you simply treat the test as a verified positive test. You must not direct the employee to take another test based on the fact the specimen was dilute. 27 CONFIDENTIAL SWIFT-Julian.000161 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 28 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 33 of 181 (b) If the MRO informs you a negative drug test was dilute, you may, but are not required to, direct the employee to take another test immediately. Such recollections must not be collected under direct observation, unless there is another basis for use of direct observation. (c) You must treat all employees the same for this purpose. For example, you must not retest some employees and not others. You may, however, establish different policies for different types of tests (e.g., SECTION 1 conduct retests in pre-employment test situations, but not in random test situations). You must inform your employees in advance of your decisions on these matters. (d) If you direct the employee to take another test, you must ensure the employee is given the minimum possible advance notice that he or she must go to the collection site. (e) If you direct the employee to take another test, the result of the second test — not that of the original test-becomes the test of record, on which you rely for purposes of this part. (f) If you require employees to take another test, and the second test is also negative and dilute, you are not permitted to make the employee take a third test because the second test was dilute. (g) If you direct the employee to take another test and the employee declines to do so, the employee has refused the test for purpose of this part and DOT agency regulations. DOT INTERPRETATIONS-40.197 Question: May an employer adopt and maintain a policy of declining to hire applicants who have a negative dilute test result on a pre-employment drug test? – The Department’s rules do not require an employer to hire anyone. That decision is an employer’s. – While 40.197(b) authorizes an employer to obtain one additional test following a negative dilute result (in pre-employment or other testing situations), a negative dilute test result is a valid negative test for DOT’s purposes. – Since a negative dilute test is a negative test for DOT program purposes, the employers authorized to have the applicant begin performing safety-sensitive functions. – If the employer declines to hire the applicant in this situation, the employer’s decision is based solely on its own policy. The employer cannot claim that its action is required or authorized by DOT rules. ACCOMMODATION OF DRIVERS SEEKING TREATMENT/REHABILITATION Swift will attempt to reasonably accommodate Drivers with chemical dependencies (alcohol or drugs), if they voluntarily wish to seek treatment and/or rehabilitation at the Driver’s expense. Drivers desiring assistance should request an unpaid treatment or rehabilitation leave of absence. Swift’s support for treatment and rehabilitation does not obligate the Company to employ any person who violates the Company’s drug and alcohol abuse policy or whose job performance is impaired because of substance abuse. Swift is also not obligated to reemploy any person who has participated in treatment or rehabilitation if Swift believes there is a risk that the person’s job performance could be impaired as a result of dependency. Drivers who are given the opportunity to seek treatment and/or rehabilitation and are involved in any further violations of this policy will not be given a second opportunity to seek treatment or rehabilitation at the Driver’s expense. CONFIDENTIALITY/RECORD KEEPING All Driver alcohol and controlled substance test records are considered confidential (Sec. 382.401). For the purpose of this policy/procedure, confidential record keeping is defined as records maintained in a secure manner, under lock and key, accessible only to the program administrator. Driver alcohol and controlled substance test records will only be released in the following situations: – to the Driver, upon his/her written request; – upon request of a DOT agency with regulatory authority over Swift Transportation; – upon request of state or local officials with regulatory authority over Swift Transportation; 28 CONFIDENTIAL SWIFT-Julian.000162 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 29 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 34 of 181 – upon request by the United States Secretary of Transportation; – upon request by the National Transportation Safety Board (NTSB) as part of an accident investigation; – upon request by subsequent employers upon receipt of a written request by a covered Driver; – in a lawsuit, grievance, or other proceeding if it was initiated by or on behalf of the complainant and arising from results of the tests; or SECTION 1 – upon written consent by the Driver authorizing the release to a specified individual or entity. All records will be retained for the time period required in Sec. 382.401. DRIVER ASSISTANCE Driver Education and Training (Sec. 382.601): All Drivers will be given information regarding the requirements of Part 382 and this policy by their supervisor. All Drivers will be given a copy of the regulations. Supervisor Training: According to FMCSA regulation, all employees of Swift Transportation designated to supervise Drivers will receive training on this program. The training will include at least 60 minutes on alcohol misuse and 60 minutes on drug use. The training content will include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and drug use. The training allows supervisors to determine reasonable suspicion that a Driver is under the influence of alcohol or drugs. Referral, Evaluation, and Treatment (Sec. 382.605): According to FMCSA regulation, a list of substance abuse professionals will be provided to all Drivers who fail an alcohol test or test positive for drugs. According to FMCSA regulation, no person who has failed an alcohol or drug test, or refused to test, will be allowed to perform safety-sensitive functions until the referral, evaluation, and treatment requirements have been complied with. The following Company disciplinary measures apply to all reasonable suspicion, post-accident, and random tests. Controlled Substance Positive Test Result: Upon notification that a Driver has a drug test result of positive, adulterated, substituted, or invalid, the Driver will be given the option of requesting a test of the split sample within 72 hours. If the Driver has requested a test of the split sample, the Driver will be suspended without pay until the results of a split sample test are obtained. If the Driver doesn’t request a split sample test or the split sample test confirms the initial positive, adulterated, substituted, or invalid drug test result, the Driver will be terminated. If the split sample testing disputed the initial test results or if the initial test results are designated invalid, the Driver will be reinstated. Refusal to Test: A Driver’s refusal to test for alcohol or controlled substances will be considered a positive test result. Adulteration or tampering with a urine or breath sample is considered conduct that obstructs the testing process and is considered a refusal to test. A Driver whose conduct is considered a refusal to test will be terminated. Failed Alcohol Test Result: Upon notification that a Driver has failed an alcohol test pursuant to Swift’s policy the Driver will be terminated. ATTENDANCE AND SERVICE FAILURES As a Driver of Swift you are expected to be regular in attendance and deliver freight on time. The late delivery of freight (Service Failure) causes problems for our customers, your fellow Drivers and your Driver Leader. When you are absent, others must perform your workload, just as you must assume the workload of others who are absent. Drivers are expected to report to work as scheduled, on time and prepared to start work. If you are unable to report for work on any particular day, you must call your Driver Leader as soon as possible before the time you are scheduled to begin working for that day. In all cases of absence or tardiness, Drivers must provide their Driver Leader with an honest reason or explanation. Drivers must 29 CONFIDENTIAL SWIFT-Julian.000163 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 30 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 35 of 181 also inform their Driver Leader of the expected duration of any absence. With exception to extenuating circumstances, you must call in on any day you are scheduled to work and will not report to work. The Company will comply with applicable laws relating to time off from work, but it is the Driver’s responsibility to provide sufficient information to enable the Company to determine if any such law(s) applies to the absence. Drivers should keep in touch with their Driver Leader and notify the Company of any change in their status as soon as possible. Excessive absenteeism or Service Failures may lead to disciplinary action, SECTION 1 up to and including termination of employment. Their Driver Leader, according to the Performance Improvement Process will counsel Drivers when excessive absenteeism or service failures occur. If you fail to report for work without any notification to your Driver Leader, you may be considered to have abandoned your employment with the Company. A service failure is defined as any occurrence in which a customer’s requirements or expectations are not executed to their satisfaction. All service failures will be reviewed. Disciplinary action will be taken when service failures are attributed to driver error equivalent to the severity of the event and/or impact to the customer. Generally, the process will begin with a first formal Performance Counseling Report (PCR) when on time delivery falls below 97.5%. If the employee’s conduct or job performance does not improve, the process will generally progress to more serious steps, up to and including termination of employment. Excessive absenteeism or Service Failures may lead to disciplinary action, up to and including termination of employment. Their Driver Leader, according to the Performance Improvement Process will counsel Drivers when excessive absenteeism or service failures occur. If you fail to report for work without any notification to your Driver Leader, you may be considered to have abandoned your employment with the Company. Customers are to be treated courteously and given proper attention at all times. Never regard a customer’s question or concerns as an interruption or an annoyance. Inquiries made by the customer, whether in person or by telephone, must be addressed promptly and professionally. All correspondence and documents, whether to customers or others, must be neatly prepared and error-free. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business. Never argue with a customer. If a problem develops or if a customer remains dissatisfied, ask your Driver Leader for assistance. BUSINESS CONDUCT No Driver may accept a gift or gratuity valued in excess of $100.00 from any customer, vendor, supplier, or other person doing business with the Company. Drivers may not accept or give gifts in excess of $20.00 to other employees when a supervisory relationship exists, or that their work directly impacts. You must obtain advance approval from your Driver Leader to accept or give a gift or gratuity of a greater value. In the case of expenses paid by such persons for business meals or trips, please discuss this in advance with your Terminal Leader. In no event may a gift, gratuity or expense payment influence a business decision, transaction or service. Gifts of alcohol may never be accepted. INSIDER TRADING Swift prohibits insider trading to protect the Company and you from securities law violations. Swift policy is applicable to all directors, officers and employees of the Company, its affiliates or subsidiaries. It is illegal for any person, either personally or on behalf of others, to trade in securities on the basis of non-public information. It is also illegal to communicate (or "tip") material, non-public information to others who may trade in securities on the basis of that information. These illegal activities are commonly referred to as "insider trading". 30 CONFIDENTIAL SWIFT-Julian.000164 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 31 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 36 of 181 DRESS CODE Because each Driver is a representative of the Company in the eyes of the public, it is important that each Driver report to work properly groomed and wearing appropriate clothing that is neat, clean and in good condition. Dress guidelines include the following: – Hygiene practices should include a daily shower and change of clothing (more often if needed). SECTION 1 – Generally, jeans, casual shorts and t-shirts are allowed provided they are neat, clean and in good condition. – Dirty, damaged clothing (holes, tears, stains, faded or raveled) or excessively tight or oversized clothing is not allowed. – Workout clothes, such as sweatshirts, sweat pants, leotards or tights are not allowed. – Beach/picnic wear, such as shorts, thong sandals, tank tops are not allowed. – Clothing with offensive graphics, words or sayings is not allowed (some examples may include, but are not limited to, clothing with sexual, violent or profane connotations). – No bare midriffs are allowed. – SHOES: Closed toe, slip resistant rubber soled shoes or boots must be worn when on duty anytime entering or exiting Swift equipment. No leather soled shoes, flip flops, sandals or open toed shoes are allowed. Your Driver Leader will inform you of additional requirements regarding acceptable attire. Certain Drivers may be required to wear safety equipment or clothing. Your Driver Leader must approve any deviations from these guidelines. Terminal and Driver Leaders are responsible for enforcing this policy. Drivers who violate the dress code will first receive an Informal (written) Performance Counseling Report (PCR) from their Terminal or Driver Leader. If the Driver violates the dress code a second time, he or she will receive a First Formal (written) Performance Counseling Report. The Driver may be relieved of duty and required to obtain appropriate clothing. During the period a Driver is not working, he or she will not be paid for the time they are away from work. Additional violations will lead to further disciplinary action, up to and including termination. POLICY REGARDING WORKPLACE VIOLENCE STATEMENT OF POLICY Swift recognizes that violence in the workplace is a growing nationwide problem necessitating a firm, considered response by employers. The costs of workplace violence are great, both in human and financial terms. Therefore, the Company has adopted this policy regarding workplace violence. The safety and security of Swift employees is of vital importance. Acts or threats of physical violence, including intimidation, harassment and/or coercion, which involve or affect the Company, or which occur on Company property, will not be tolerated. This prohibition against threats and acts of violence applies to all persons involved in the operation of the Company, including, but not limited to, Swift personnel, contract and temporary workers and anyone else on Swift property. Violations of this policy, by any individual, will lead to disciplinary and/or legal action as appropriate. DEFINITIONS Workplace violence is any conduct which is sufficiently severe, offensive or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends and/or property such that employment conditions are altered or a hostile, abusive or intimidating work environment is created for one or several Swift employees. Examples of workplace violence include, but are not limited to, the following: – Threats or acts of violence occurring on Company premises, regardless of the relationship between the Company and the parties involved in the incident. 31 CONFIDENTIAL SWIFT-Julian.000165 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 32 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 37 of 181 – Threats or acts of violence occurring off Company premises involving someone who is acting in the capacity of a representative of Swift. – Threats or acts of violence occurring off Company premises involving an employee of the Company, if the threats or acts affect the business interests of Swift. – Threats or acts of violence occurring off Company premises of which a Driver of the Company is a victim if the Company determines that the incident may lead to an incident of violence on Company SECTION 1 premises. – Threats or acts resulting in the conviction of a Driver or agent of Swift, or of an individual performing services for Swift on a contract or temporary basis, under any criminal code provision relating to violence or threats of violence which adversely affect the legitimate business interests of Swift. Specific examples of conduct that may be considered threats or acts of violence under this policy include, but are not limited to the following: – Threatening physical or aggressive contact directed toward another individual. – Threatening an individual or his or her family, friends, associates or property with physical harm. – The intentional destruction or threat of destruction of Company property or another’s property. – Harassing or threatening phone calls, letters, or Qualcomm, e-mail or intranet messages. – Surveillance. – Stalking. – Veiled threats of physical harm or like intimidation. ENFORCEMENT Drivers who believe threats or acts of violence have been made against them or others should report the details of the incident(s) as soon as possible to a Human Resources representative, their Driver Leader or the Security department. All incidents of violence and threats of violence that are reported will be investigated and may be reported to law enforcement for criminal prosecution. Any person who engages in a threat or violent action on Company property may be removed from the premises as quickly as safety permits and may be required, at the Company’s discretion, to remain off Company premises pending the outcome of an investigation into the incident. When threats are made or a Company employee commits acts of violence, a judgment will be made by the Company as to what actions are appropriate, including possible disciplinary action. Once a threat has been substantiated, it is Swift’s policy to put the threat maker on notice that he or she will be held accountable for his or her actions and then follow through with the implementation of a decisive and appropriate response. Under this policy, decisions may be needed to prevent a threat from being carried out, a violent act from occurring or a life-threatening situation from developing. No existing Company policy or procedure should be interpreted in a manner that prevents the above from occurring. Important Note: Swift will make the sole determination of whether, and to what extent, the Company will act upon threats or acts of violence. In making this determination, the Company may undertake a case-by-case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence has occurred. No provision of this policy shall alter the at-will nature of employment at Swift. DRIVER BENEFITS ELIGIBILITY AND ENROLLMENT All new hires and rehires classified as full-time and working 30 hours or more per week are eligible to enroll in company benefits. Enrollment can be done online or by phone. You will receive specific instructions about how and when to enroll during your orientation and in your new hire benefits packet which will be mailed to you once you are hired. 32 CONFIDENTIAL SWIFT-Julian.000166 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 33 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 38 of 181 You can enroll as early as one week after your hire or rehire date. You must enroll before your benefits eligibility date. Your eligibility date is based upon your status at the time of your hire or rehire date. Eligibility dates: • Trainee Drivers is the 1st of the month after 60 days of continuous full-time employment. You are considered a trainee driver if you have less than 6 months of verifiable, professional truck driving SECTION 1 experience at the time of your hire or rehire. • Experienced Drivers is the 1st of the month after 30 days of continuous full-time employment. You become eligible to participate in Swift’s 401(k) after six months of service and if you are at least 21 years old. Once you are eligible, you can enroll at any time and your account will become active on the first day of the following month. REINSTATEMENT OF BENEFITS AFTER REHIRE If you are rehired, you will need to re-enroll in benefits and satisfy a new waiting period. Enroll online or by phone prior to your new eligibility date. You will receive an enrollment packet that explains how and when to re-enroll in the mail. If you are rehired after 13 weeks of your date of separation, you’ll need to satisfy a new waiting period for all plans. If you are rehired within 13 weeks of your date of separation, you’ll be eligible for the medical plan with an effective date of the 1st of the month following your rehire date. Your eligibility for all other benefit plans will follow the eligibility dates for your job class as stated above. Please note that some individual insurance policies may require you to re-enroll by contacting the insurance company directly. To re-enroll in the Swift Transportation 401(k) plan, please contact the Principal Financial Group online at principal.com or by phone at 1-800-547-7754 if you wish to resume contributions into the 401(k) plan. Remember, if you want Company benefits it is your responsibility to enroll before your eligibility date. If you do not enroll during your new hire/rehire enrollment period, you must wait until the next Benefits Annual Enrollment. Benefits Annual Enrollment is held only once each year, generally in October or November. DIRECT BILL POLICY All employees that participate in company sponsored benefit plans are required to make timely premium payments to retain eligibility and coverage. The Company will withhold premiums from your paycheck to the extent possible. The policy describes how premiums will be invoiced (i.e., billed) if the Company is unable to withhold from your paycheck premiums for one or more of the company sponsored benefit plans you elected. As described below, invoiced premiums must be received and processed by the Company within 30 days of the invoice date to maintain coverage. Any unpaid/underpaid invoices will result in a retroactive cancellation of benefits back to the invoice date. WHEN WILL I GET AN INVOICE? You’ll get an invoice if: • Your pay is not sufficient for the Company to deduct your premium from your payroll check. • Your existing premium increases (or you have a new premium) because of a permitted midyear enrollment. For example, within 31 days of the birth of your child, you add your newborn child to your existing medical coverage (or you newly elect coverage for both yourself and your newborn). You will be invoiced for any shortfall in premium until the new premiums are withheld from your paycheck. 33 CONFIDENTIAL SWIFT-Julian.000167 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 34 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 39 of 181 The invoice will list each type of coverage for which you owe premiums. However, you will not get an invoice for premiums for supplemental coverage you elect (such as supplemental group accident, supplemental hospital/medical, critical illness, and permanent life) which must be paid directly to the insurance carrier who insures the benefit. Rather, if you want to keep that coverage, it is your responsibility to ensure that you timely pay those premiums directly to the insurance carrier. SECTION 1 HOW MUCH WILL I OWE? You will owe the amount shown on the invoice which will equal the amount of premium that was unable to be withheld from your payroll check. WHAT ARE ACCEPTABLE METHODS OF PAYMENT? Online payments via credit card or PayPal, cashier’s check and money orders are acceptable forms of payment. The invoice will provide complete details and instruction. WHEN WILL PAYMENT BE DUE? Payment will be due on the date of the invoice, but you will be treated as having made a timely payment if payment is received and processed within 30 days after the date of the invoice. Allow 5-7 days for processing time. ARE PARTIAL PAYMENTS OF AN AMOUNT INVOICED FOR A BENEFIT ALLOWED? No. Any partial payment of an amount invoiced for a benefit will be returned to you and that coverage will be cancelled as described below. Please note that an invoice may include amounts owed for more than one benefit (such as medical and dental). In that case, you can choose to pay the invoiced amount for one benefit (e.g., medical) and not pay the invoiced amount for the other benefit (e.g., dental), in which you did not pay the full invoiced amount (e.g., dental) will be cancelled. It is your responsibility to indicate on the invoice the benefit(s) to which your payment should be applied. If you fail to do so, your payment will be applied as determined by the Company in its discretion. WILL COVERAGE BE CANCELLED IF PAYMENT IS NOT TIMELY MADE? Yes. If you do not pay the entire amount due for a benefit within 30 days of the date of the invoice, (or if your payment does not clear or is otherwise not honored by your bank), coverage will be cancelled retroactively as of the date of the invoice. This mean that you (and, if applicable, your dependents) will not have coverage on or after the date of the invoice. If your (or your and your dependents’) coverage is retroactively cancelled as described above, any premiums that you paid for that coverage after the effective date of cancellation will be refunded to you. Remember, if you want to avoid cancellation of your (or your and your dependents’) coverage, it is your responsibility to make sure that payment is both timely made and actually received. Allow 5-7 days for processing time. CAN I USE A PREMIUM REFUND TO REDUCE THE AMOUNT OWED? No. A premium refund through payroll cannot be used to reduce the amount owed on an invoice. Rather, you must separately pay the invoiced amount. IF A QUALIFIED MEDICAL CHILD SUPPORT ORDER REQUIRES DEPENDENT COVERAGE, WILL COVERAGE STILL BE CANCELLED DUE TO NONPAYMENT? Yes. You are responsible for paying the cost of your dependent’s coverage, even if that coverage is required by a qualified medical child support order. This means that, if you receive an invoice and you do not pay the entire amount due within 30 days of the invoice, your dependent’s coverage will be cancelled, even if that coverage is required by a qualified medical child support order. HOW WILL A CANCELLATION OF COVERAGE AFFECT MY FLEXIBLE SPENDING ACCOUNTS? If your health care and/or dependent care spending account coverage is cancelled because you do not timely pay an invoice for that coverage, any expenses you incur on or after the effective date of cancellation cannot be reimbursed from your account(s). 34 CONFIDENTIAL SWIFT-Julian.000168 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 35 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 40 of 181 WILL I BE ELIGIBLE FOR COBRA COVERAGE IF MY COVERAGE IS CANCELLED? No. A cancellation of coverage due to failure to pay premiums is not a COBRA qualifying event. CAN I RE-ENROLL IN REGULAR (I.E., NON-COBRA) COVERAGE IF MY COVERAGE IS CANCELLED? Yes, but you will not be able to re-enroll until the next open enrollment period occurs for the coverage that SECTION 1 was cancelled (unless reinstatement of coverage occurs pursuant to the Company’s rehire policy or as required by law). The Company reserves the right to change its rehire policy at any time without prior notice. By law, if group health care coverage (for example, medical, dental, vision or health care spending account) is cancelled due to nonpayment of premiums during an approved FMLA or military leave of absence, the cancelled coverage will be reinstated when you return to work, but you will not have coverage on or after the effective date of cancellation and prior to your return to work. PROTECTED HEALTH INFORMATION In compliance with the Health Insurance Portability and Accountability Act (HIPAA), Swift Transportation has policies and procedures in place to safeguard the maintenance, storage and handling of Protected Health Information (PHI). This data may include reports of diagnosis and treatments submitted on a benefit claim form, records related to enrollment eligibility, and statements generated by a health insurance company reflecting payment for specific medical care. PHI does not include health information created or received by Swift for employment related purposes. Swift’s policy includes provisions that employees authorized to receive or manage PHI are trained on all responsibilities related to compliance with this data. BENEFITS FRAUD STATEMENT Swift counts on each of you to be honest and accurate with your benefit enrollment. If Swift discovers that you have committed insurance fraud and/or have enrolled someone who is not your legal spouse or dependent, you will be subject to disciplinary action up to and including termination of employment. Swift reserves the right to request documentation and to investigate such matters at any time. DISABILITY INSURANCE If you are employed in a state in which State Disability Insurance (SDI) covers you, SDI may be payable when you cannot work because of illness or injury not caused by employment at the Company or when you are entitled to temporary Work Injury at a rate less than the daily disability benefit amount. WORK INJURY At no cost to you, you are protected by Worker Injury Insurance while employed as a Driver at the Company. The policy covers you in case of occupational injury or illness by providing, among other things, medical care, compensation and vocational rehabilitation, in accordance with state law. To ensure that you receive any worker injury benefits to which you may be entitled, you will need to: – Report any work-related injury to the Work Injury department within 24-48 hours of occurrence. – Seek medical treatment for any life threatening injuries immediately. – Comply with all treatment and reporting requirements including authorized third party requests. The Company is required by law to notify the Worker Injury Insurance Company of any concerns of false or fraudulent claims. Any person who makes, or causes to be made any knowingly false or fraudulent material statement or material misrepresentation for the purpose of obtaining or denying Workers’ Injury benefits or payments may be guilty of a felony. A violation of this law may be punishable by imprisonment or by a fine, or both. Additional civil penalties may also be assessed. 35 CONFIDENTIAL SWIFT-Julian.000169 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 36 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 41 of 181 WORK INJURY FRAUD POLICY In addition to potential criminal charges listed above, Swift maintains a policy in regard to work injury fraud, whereby an employee willfully or intentionally makes a false statement or representation in order to obtain or defeat any benefit payment. Swift and its affiliates may investigate any allegations of work injury fraud. For this purpose, all company activities, records, property or other relevant items are subject to review during the investigation of the alleged fraud. SECTION 1 Swift’s General Counsel or legal representative may provide guidance to designated personnel in enforcing this policy. Examples of work injury fraud include, but are not limited to: – Making a false or misleading statement to receive work injury benefits. (Example: reporting an injury that does not exist) – Misrepresenting or concealing a material fact to receive work injury benefits. (Example: reporting an off-duty injury as a work related injury) – Fabricating, altering, concealing or destroying a document to receive work injury benefits. (Example: withholding a doctor’s release form authorizing return to work) – Acting outside the course and scope of any limitations related to work injury. (Example: lifting heavy objects when restrictions prohibit lifting in excess of listed limit) – Conspiring to commit an act described above. (Example: helping another employee stage or fake a work related injury) Employees who are determined to have violated this policy will be subject to disciplinary action up to or including termination of employment. Furthermore, Swift will cooperate fully with federal, state, and local law officials to identify and prosecute any employee who commits work injury fraud Any employee who suspects work injury fraud must notify the Work Injury Unit immediately at 1-800-800-2200, extension 907-4961. BEREAVEMENT LEAVE The Company will provide time off in the event of death of the following family members: Spouse, Child, Stepchild, Sibling, Parent, Parent-in-law, Grandparent or Grandchild. The Driver and his or her Driver Leader will determine the amount of time the employee will be absent from work. The maximum unpaid leave is three (3) days. Leave for attendance at the funeral of non-immediate family members or persons with some especially close relationship may be granted without pay. The Driver’s Driver Leader will make this determination after consultation with the Human Resource Department. LEAVES OF ABSENCE GENERAL PROVISIONS Swift may grant a leave of absence in certain circumstances. It is important to request any leave in writing as far in advance as possible, to keep in touch with your Driver Leader during your leave, and to give prompt notice if there is any change in your return date. Accepting or continuing other employment while on leave that is contrary to the restrictions indicated on any doctor’s certification for leave, or filing for unemployment insurance benefits while you are on leave of absence, may be treated as a voluntary resignation from employment with Swift. Vacation and other benefits will not accrue while you are on a leave of absence unless otherwise required by law. Upon return from a leave of absence, you will be credited with the full employment status that existed prior to the start of the leave of absence. While you will retain your original date of hire, you will not receive length of service credit for the time you were on leave, unless otherwise required by law. 36 CONFIDENTIAL SWIFT-Julian.000170 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 37 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 42 of 181 FAMILY MEDICAL LEAVE The Company will grant Family Medical Leave in accordance with the requirements of applicable state and federal law in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in such state or federal laws. In certain situations, the federal law requires that provisions of state law apply. In any case, Drivers will be eligible for the most generous benefits available under either law. SECTION 1 Please contact your Driver Leader or a Benefits representative as soon as you become aware of the need for a family medical leave. The following is a summary of the relevant provisions. DRIVER ELIGIBILITY To be eligible for Family Medical Leave Act benefits, you must: 1. have worked for the Company for at least 12 months prior to taking the unpaid leave; 2. have worked for the Company at least 1,250 hours during the twelve months immediately preceding the leave; and 3. work at a location where at least 50 employees are employed by the Company within 75 miles; LEAVE AVAILABLE If you are eligible, you may receive up to a total of 12 (or 26) work weeks (depending on the circumstances discussed below) of unpaid leave during a 12-month period. For bonding leave, family care leave, an employee’s own medical condition, and qualifying exigency leave, Swift measures FMLA on a 12 month rolling calendar. Accordingly the 12-month period begins on the date of your first use of Family Medical Leave. Successive 12-month periods commence on the date of your first use of such leave after the preceding 12-month period has ended. For military personnel or veteran care leave, Swift measures FMLA on a "single 12 month period" basis. Accordingly, a single 12-month period begins on the first date of your first use of the military personnel or veteran care leave and ends 12 months after that date. Leave may be used for one or more of the following reasons: (1) for the birth or placement of a child for adoption or foster care within first year of birth or placement; (2) to care for an immediate family member (spouse, child, or parent) with a serious health condition; (3) to take medical leave when you are unable to work because of a serious health condition; or (4) for immediate family members (spouse, child or parent) of soldiers, reservists, and members of the National Guard who have a "qualifying exigency." Employees who provide care to wounded U.S. military personnel or veterans may receive up to 26 weeks of unpaid leave. The service member must have a "serious illness or injury" incurred while on active duty that may render the member unable to perform the duties of his or her office, grade or rank and must be a spouse, son, daughter, parent or next of kin of the care giver. Under some circumstances, you may take Family Medical Leave intermittently — which means taking leave in blocks of time, or by reducing your normal weekly or daily work schedule. If you are pregnant, you may have the right to take a pregnancy disability leave in some states in addition to a Family Medical Leave. Certain restrictions on these benefits may apply. NOTICE AND CERTIFICATION Drivers seeking to use Family Medical Leave are required to provide ALL the following: • 30-day advance notice when the need for the leave is foreseeable; complete and submit the FMLA request form. • Forms are available on the Informer Kiosk, Driver Website or can be obtained from the Benefits department. • Certification of Health Care Provider within 15 days of the request for leave, and a physician’s release for reinstatement. Forms are available on the Informer Kiosk, Driver Website or can be obtained from the Benefits department. • Periodic re-certification; and • Periodic reports to their Driver Leader during the leave. 37 CONFIDENTIAL SWIFT-Julian.000171 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 38 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 43 of 181 When leave is needed to care for an immediate family member or your own serious health condition, and is for planned medical treatment, you must try to schedule treatment so as not to unduly disrupt the Company’s operation. Employees are expected to cooperate with the Company, in obtaining additional medical opinions the Company may require. COMPENSATION DURING LEAVE SECTION 1 Family Medical Leave is unpaid. JOB REINSTATEMENT Under most circumstances, upon return from Family Medical Leave, you will be reinstated to the same position held at the time of the leave or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions. However, you have no greater right to reinstatement than if you had been continuously employed rather than on leave. For example, if you would have been laid off had you not gone on leave, or if your position has been eliminated during the leave, then you will not be entitled to reinstatement. PREGNANCY DISABILITY, MATERNITY, OR PATERNITY LEAVE In some states, employees may be eligible for unpaid pregnancy disability, maternity, or paternity leaves of absence. Contact a Benefits representative for more information regarding the type of leave available in the state where you work. In most circumstances, leave taken as a pregnancy disability, maternity, or paternity leave runs concurrently with Family Medical Leave under federal law. Furthermore, such a leave may also run concurrently with Family Medical Leave under state law. NOTICE AND CERTIFICATION REQUIREMENTS If you need to take a pregnancy disability leave, you must provide the Company with reasonable advance notice. In addition, you must provide the Company with a health-care provider’s statement certifying the last day you can work and the expected date of return. COMPENSATION DURING LEAVE Pregnancy disability, maternity or paternity leave is without pay. WORK INJURY DISABILITY LEAVE The Company will grant a Work Injury Disability Leave if you have an occupational illness or injury in accordance with state law. In order to qualify for leave the injured employee is required to provide supporting medical documentation to the Work Injury Department and any authorized third parties for review. As an alternative, the Company may offer you modified work. Leave taken under the Work Injury disability policy runs concurrently with Family Medical Leave and/or Personal Leave of Absence under both federal and state law. NOTICE AND CERTIFICATION REQUIREMENTS You must report to the Claims department all workplace accidents, injuries and illnesses no matter how minor. In addition, you must have a health care provider furnish the Company with a certification of your workplace injury or illness, your inability to work, and/or your work restrictions, and the expected duration of your restrictions and/or inability to work, from a health-care provider. COMPENSATION DURING LEAVE Work Injury Disability Leaves are without pay. JOB REINSTATEMENT Upon the submission of a medical certification that you are able to return to work, you will be reinstated in accordance with applicable law. If you are disabled due to an industrial injury, the Company will attempt to accommodate you. If you are returning from a Work Injury Disability Leave that runs concurrently with a Family Medical Leave, then the provisions of the Family Medical Leave policy will also apply. 38 CONFIDENTIAL SWIFT-Julian.000172 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 39 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 44 of 181 PERSONAL LEAVE Swift may grant an unpaid personal leave of absence for up to 30 days per 12 month period for certain circumstances. Drivers are eligible for unpaid personal leave after 6 months of continuous full-time employment. You are required to submit a Request for Personal Leave form 30 days in advance, when foreseeable, stating the reasons for the leave (serious medical condition, family emergency, etc.) for approval or disapproval from your Driver Leader, Terminal Manager and a designated Benefits SECTION 1 representative. If the Leave is disapproved, the Driver may appeal the decision with the VP of Human Resources. It is important to keep in touch with your Driver Leader during your leave, and to give prompt notice if there is any change to your return date. If you do not return to work on your scheduled return date, you will be considered as having voluntarily resigned your position with the Company. COMPENSATION WHILE ON LEAVE Personal Leaves are without pay. MILITARY LEAVE (ACTIVE AND RESERVE SERVICE) Leave without pay is provided to you when you enter military service of the Armed Forces of the United States or are in the Armed Forces Reserves. You are afforded reemployment rights and retain full non-discretionary seniority benefits for all prior service upon reemployment in accordance with the Uniformed Services Employment and Reemployment Rights Act and applicable state laws. You need to communicate your military service orders to your Driver Leader or a Benefits representative for review prior to commencement of the leave. COMPENSATION WHILE ON LEAVE Military Leaves are without pay. BENEFITS DURING LEAVES OF ABSENCE If you take a leave of absence, the Company will maintain your insurance benefits on the same terms as if you had continued to work if such insurance was provided before the leave was taken. For example, if you elect to continue dental insurance coverage while on leave you must pay the premium for this coverage under the same terms as if you were working. Failure to pay the Premiums will result in cancellation of the benefit. You will be reinstated in these benefits upon your return to active full-time status if required by law. Please see the Direct Bill Policy for more information. LIMIT-ON-CONTINUOUS ABSENCE An Employee’s length of continuous absence, except for Military Leave, may not exceed twelve months. Except where prohibited by federal or state law, if an Employee’s absence exceeds that limit for any reason, or combination of reasons, the Employee’s employment shall terminate. These length of service limitations do not restrict the Company’s right to terminate Employees for other reasons, where appropriate. FACILITIES USE OF EQUIPMENT All Swift property—including tractors and trailers, Qualcomm, desks, storage areas, work areas, lockers, file cabinets, credenza, computer systems, office telephones, cellular telephones, modems, facsimile machines and duplicating machines—must be used properly and maintained in good working order. Drivers who lose, steal or misuse Swift property may be personally liable for replacing or fixing the item and may be subject to discipline, up to and including termination of employment. Swift reserves the right, at all times and without prior notice, to inspect and search all Company property for the purpose of determining whether this policy or any other policy of Swift has been violated, or when an inspection and investigation is necessary for purposes of promoting safety in the workplace or compliance with state and federal laws. These inspections may be conducted during or outside of business hours and in the presence or absence of the Driver. 39 CONFIDENTIAL SWIFT-Julian.000173 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 40 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 45 of 181 In addition, in order to ensure the safety and security of Drivers and customers, and to protect Swift’s legitimate business interests, Swift reserves the right to question and inspect or search any Driver or other individual entering onto or leaving Swift premises. The inspection or search may include any packages or items that the individual may be carrying, including briefcases, handbags, knapsacks, shopping bags, etc. These items are subject to inspection and search at any time, with or without prior notice. Swift also may require Drivers while on the job or on Swift’s premises to agree to reasonable inspection of their personal property and/or persons. SECTION 1 The individual may be requested to self-inspect his or her personal property or person by displaying the contents of any packages and/or turning out his or her pockets, etc., in the presence of a representative of Swift, typically a management employee of the same gender. Swift will not tolerate any Driver’s refusal to submit to a search. Swift technical resources, such as its computer system, Qualcomm, voice mail system, and e-mail, are provided for use in the pursuit of Swift business and are to be reviewed, monitored, and used only in that pursuit, except as provided in this policy. As a result, Qualcomm messages, computer data, voice mail messages, and e-mail transmissions are readily available to numerous persons. If, during the course of your employment, you perform or transmit work on Swift Qualcomm, computer systems or other technical resources, your work may be subject to the investigation, search, and review of others in accordance with this policy. In addition, any electronically stored communications that you either send to or receive from others may be retrieved and reviewed when doing so serves the legitimate business interests and obligations of Swift. Swift technical resources, such as its computer system, Qualcomm, voice mail system, and e-mail, are provided for use in the pursuit of Swift business and are to be reviewed, monitored, and used only in that pursuit, except as provided in this policy. As a result, Qualcomm messages, computer data, voice mail messages, and e-mail transmissions are readily available to numerous persons. If, during the course of your employment, you perform or transmit work on Swift Qualcomm, computer systems or other technical resources, your work may be subject to the investigation, search, and review of others in accordance with this policy. In addition, any electronically stored communications that you either send to or receive from others may be retrieved and reviewed when doing so serves the legitimate business interests and obligations of Swift. Drivers are not otherwise permitted to use Swift equipment for non-work purposes with permission from their Driver Leader. Nevertheless, Drivers have no right of privacy as to any information or file maintained in or on Swift property or transmitted or stored through Swift Qualcomm, computer systems, voice mail, e-mail, or other technical resources. All bills and other documentation related to the use of Swift equipment or property is the property of Swift and may be reviewed and used for purposes that Swift considers appropriate. Drivers may access only files or programs, whether computerized or not, that they have permission to enter. Computer software is protected from unauthorized copying and use by federal and state law; unauthorized copying or use of computer software exposes both Swift and the individual Driver to substantial fines and/or imprisonment. Therefore, Drivers may not load personal software onto Swift’s computer system, and may not copy software from Swift for personal use. All Drivers must contact the Information Technology department to install any software on Swift’s computer system. Unauthorized review, duplication, dissemination, removal, installation, damage, or alteration of files, passwords, computer systems or programs, or other property of Swift, or improper use of information obtained by unauthorized means, may be grounds for disciplinary action up to and including discharge. Messages stored and/or transmitted by Qualcomm, voice mail or e-mail must not contain content that may reasonably be considered offensive or disruptive to any employee. Offensive content would include, but not be limited to, sexual comments or images, racial slurs, gender-specific comments or any comments or images that would offend someone on the basis of his or her age, sexual orientation, religious or political beliefs, national origin or disability. 40 CONFIDENTIAL SWIFT-Julian.000174 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 41 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 46 of 181 QUALCOMM AND VOICE MAIL Qualcomm and Voice Mail have been provided to Company Drivers for the benefit of the Company and its customers, vendors and suppliers. This access enables Drivers to remain in contact with their Driver Leader and other departments and Drivers of the Company at all times. All Drivers are required to maintain and enhance the Company’s public image, and to use this resource in a productive manner in accordance with the following guidelines. Qualcomm will be used only for business purposes or on limited occasions for SECTION 1 emergency personal matters only. The use of profane, offensive, harassing, insulting, rude or threatening language is prohibited. INTERNET AND E-MAIL USE Internet, Intranet, and e-mail access has been provided to Company employees for the benefit of the Company and its customers, vendors and suppliers. This access enables employees to connect to information and other resources around the world. All employees are required to maintain and enhance the Company’s public image, and to use these resources in a productive manner in accordance with the following guidelines. ACCEPTABLE USES OF THE INTERNET Employees accessing the Internet, and/or the Company’s own Intranet are representing the Company when doing so. Accordingly, all such communications should be for professional, business reasons and should not be for personal use. Each employee is responsible for ensuring that they use their Internet access privilege in an effective, ethical and lawful manner. "Chat rooms" may be used to conduct official Company business, or to gain technical or analytical advice. E-mail may be used for non-confidential business contacts. Blogging or social networking websites such as Twitter, Facebook, YouTube or subsequent generations of similar websites or features are prohibited. UNACCEPTABLE USE OF THE INTERNET The Internet, and/or the Company’s Intranet should not be used for personal gain or advancement of individual views. Solicitation of non-Company business, or any use of the Internet for personal gain, is strictly prohibited. Use of the Internet must not disrupt the operation of the Company network or the networks of other users, and must not interfere with an employee’s productivity. Copyrighted materials belonging to entities other than employees on the Internet may not transmit to this Company. One copy of copyrighted material may be downloaded for an employee’s personal use in research if pre-approved by the employee’s leader. Employees are not permitted to copy, transfer, rename, add or delete information or programs belonging to other users unless given express permission to do so by the owner of such information or programs. Failure to observe copyright or license agreements may result in disciplinary action from the Company or legal action by the copyright owner. Employees should be aware that harassment of any kind is prohibited. No messages with derogatory or inflammatory remarks about an individual or group’s age, disability, gender, race, religion, national origin, physical attributes, sexual orientation or any other classification protected by federal, state or local law will be transmitted. COMPUTER AND SYSTEM SECURITY All computers and the data stored on them are, and remain at all times the property of the Company. As such, all messages created, sent or retrieved over the Internet or the Company’s e-mail systems are the property of the Company, and should be considered public information. The Company reserves the right to retrieve and read any message composed, sent, or received on the Company’s computer equipment and e-mail system. Employees should be aware that, even when a message is deleted or erased, it is still possible to recreate the message; therefore, ultimate privacy of a message cannot be ensured to anyone. Accordingly, Internet and e-mail messages are public communication and are not private. Furthermore, all communications including text and images can be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver. 41 CONFIDENTIAL SWIFT-Julian.000175 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 42 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 47 of 181 VIOLATIONS Violations of any guidelines listed above may result in disciplinary action up to and including termination. In addition, the Company may advise appropriate legal officials of any illegal violations. This policy is in no way intended to modify the at-will nature of employment with the Company. DRIVER PROPERTY SECTION 1 Drivers are urged not to keep valuables in their truck. If necessary to do so, all valuables should be secured. The Company assumes no responsibility for the loss, theft or damage of any Driver personal property, such as, but not limited to CB radios, refrigerators, TV’s. This includes periods of time when the truck has been turned over to the maintenance department for repairs or periodic preventative service. SECURITY Security of Company facilities as well as the welfare of our Drivers and customers requires that every individual be constantly alert to security risks. In this regard please note the following: – Immediately notify your Driver Leader of suspicious persons, or persons acting in a suspicious manner, in or around the facility. – Immediately notify a Driver Leader of the loss of keys, security passes or identification badges. – Do not lend keys, security passes, or identification badges to anyone who is not authorized to possess them. – Do not disclose any other security access information to anyone who is not authorized to have that information. RULES REGARDING SOLICITATION, DISTRIBUTION OF LITERATURE & POLITICAL ADVOCACY The Company has established rules applicable to all employees and non-employees which govern solicitation, distribution of written material, political advocacy and access to Company property. Strict compliance with these rules is required. – Employees are prohibited from engaging in solicitation during their working time or during the working time of the employees at whom such activity is directed. – Employees are prohibited from distributing or circulating written or printed material in work areas at any time, or during their working time or during the working time of the employee or employees at whom such activity as directed. – Employees are prohibited from engaging in political advocacy on a subject over which the Company has no control in a manner that is disruptive to Company operations. – Off duty employees are not permitted in the interior of the Company’s facilities or in working area. – Non-employees are not permitted on Company property at any time, except when on official Company business. As used in this policy, "working time," does not include break periods, meal periods, or periods in which an employee is not scheduled to be performing for the Company. BULLETIN BOARDS Bulletin boards are reserved for the exclusive use of the Company for posting work-related notices or notices which must be posted pursuant to local, state and federal law. From time to time, special notices and information for employees will be posted by the Company on the bulletin boards. Please check the boards regularly for such notices. Employee postings are not permitted. This section is a summary of the important employment policies and procedures of the Company. We know that one of the most important aspects of any employment relationship is the communication between the employer and the employee. These policies and procedures lets you know what you can expect from the Company and what we expects in return. If you have questions regarding our employment policies, contact our Quality Assurance Hotline. 42 CONFIDENTIAL SWIFT-Julian.000176 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 43 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 48 of 181 SMOKING The Company maintains a smoke-free working environment. This includes electronic, steam-based, or any device that simulates smoke or smoking. Smoking is not allowed in any buildings or near trucks and trailers as stated in the safety portion of the handbook. DRIVING RELATED POLICIES SECTION 1 MENTOR/STUDENT ASSIGNMENT Once a Driver has successfully completed a "Truck Driving Course" and has been employed with Swift Transportation Co., Inc., that Driver must complete a 200-300 behind the wheel hour apprenticeship program before beginning on solo status. Persons with less than six (6) months commercial driving experience may be required to complete up to 50-100 behind the wheel hour apprentice training depending on the outcome of new hire roadtest. Swift’s mentor assignment policy is to match mentors with students without consideration of gender. Swift is firmly committed to equal employment opportunities and will continue to aggressively seek out and hire, develop, and promote members of protected groups, including women. The Mentor Assignment policy is made up of the following sections: • Policy Regarding Mentor/Student Assignment • Policy Regarding Temporary Mentor During the road-training program, a mentor and student driver may be on the road together for up to 300 btw hours, sharing a tractor cab during sleeping breaks. In the event that a mentor or a student objects to being paired with a member of the opposite sex, he/she will be required to provide a mentor/student objection form stating such reasons. Swift is an equal opportunity employer and maintains a strict policy against gender discrimination. Accordingly, Swift must be satisfied in each case that objections to being paired with a member of the opposite sex during the road training are for legitimate reasons and relate only to concerns for religious beliefs or personal privacy (which Swift interprets to include family concerns). If Swift approves of a mentor or student’s reason(s) not to be paired with a member of the opposite sex, he or she may have to wait until an individual of the same sex is available before receiving the training assignment. Swift emphasizes that it will not tolerate sexual harassment of any kind. Disciplinary action will be taken promptly against any employee, supervisor, or Company official who violates this policy. All mentors and students will receive a copy of Swift’s policy against harassment and will be expected to abide by it. After training, to the degree that two persons, first seat Driver teams are utilized, such pairings may be persons of the same sex, related persons of the opposite sex, or unrelated persons of the opposite sex. Mentors and students will be permitted to request same sex training assignments if they object to co-ed training for'good cause’. Good cause to object to co-ed training must be based on religious, ethical, family, or personal considerations. Good cause to object cannot be based upon objections to the employment of women in general or as truck Drivers. TEMPORARY TRAINING A full-time solo Company Driver may train another person prior to the time required by Swift policy to be certified as a mentor (generally six months solo driving experience) if the following conditions are met: 1. The Driver must have been released by Swift as a solo driver and Swift, in its sole discretion, must be satisfied from a review of the driver’s final road test score and recommendation from his/her mentor that he/she has the sufficient skill level to serve as a mentor. 2. The Driver must have had no major preventable accidents (either as an over the road commercial Driver or otherwise) within twelve (12) months prior to his/her application to serve as a mentor, Driver cannot be under any Safety Probations. 43 CONFIDENTIAL SWIFT-Julian.000177 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 44 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 49 of 181 3. The prospective mentor must submit his/her application through his/her Driver Leader, Terminal Manager and Training Coordinator then obtain the final approval of the Driver Finishing Approval Training Manager. The request to train shall include the name of the prospective student. 4. The prospective student must have graduated from a Swift approved Driver Training Program, obtained a full CDL, have been approved for employment with Swift, including past employment checks, drug screen, DOT physical, etc. SECTION 1 5. The prospective mentor must attend a Swift Mentor course and become certified. 6. The mentor must complete and submit all required student documents on the student in accordance with Swift guidelines. QUALIFICATION AS A TEMPORARY MENTOR In order to qualify as a Temporary-Mentor you must meet or satisfy the criteria for Certified Driver Mentor, Driver Mentor Performance Standards, and Guidelines Mentors must follow while training. For detailed information contact the Driver Services Department. JOB QUALIFICATION At the time of application for employment with Swift, the Spouse-Student will be required to certify that he/she can meet Swift’s job requirements for either a first seat or second seat Driver. In the event that a Spouse-Student ceases to team with his/her spouse, or who cannot perform the physical job requirements contained in the job description for a first seat Driver, will not be permitted to drive solo and must find another first seat Driver with whom to team. Although the Company may assist the Driver in finding another first seat Driver to team with, it is the Driver’s ultimate responsibility to locate a compatible first seat Driver with whom to team. AUTHORIZED PASSENGERS – SPOUSE, CHILD, ROOMMATES & D.O.T. EMERGENCY Unless specifically authorized in writing by Swift, or only in an emergency situation as described in FMCSR 392 no Driver shall transport any person or permit any person to be transported in any Company vehicle nor shall they be permitted to board the vehicle pursuant to the rules & regulations of the FMCSR 392 and Company policy. To the extent FMCSR 392 and/or Company policy permits another individual on the vehicle, a Driver may only have one rider on his/her truck at any time. Only "full-time" Swift Drivers and Swift office casual Drivers (not local or other casual Drivers) may participate in the Permitted Rider Program. Passenger Identification and Proof of Eligibility Requirements 1. All Passengers: must provide a copy of Driver License or State ID except children. 2. Children: Driver must provide all of the information specified in Special Requirements With Respect To Children, as well as evidence that the child resides with the driver, or in the event the child does not reside with the driver, evidence satisfactory to Swift that the Driver has the authorization to transport the child, such as a letter from the custodial parent, etc. Paper must be notarized. Special Requirements with Respect to Children ages 12 thru 18 1. All children must be the natural, adopted, or stepchildren of the Driver or the Driver (or his/her spouse) must be legally appointed guardian of the child. 2. The driver must submit a copy of the child’s birth certificate, adoption papers and/or court documents designating the Driver as the parent or guardian of the child. In the event the child is a stepchild, the Driver must furnish a copy of his marriage certificate as well as the child’s birth certificate or other proof the driver’s spouse is the natural or adoptive parent or legal guardian of the child. 3. Children may ride on the vehicle only during scheduled school vacation periods. ______ This child resides with me and I am authorized to make the decision for this child to travel with me on a Swift vehicle. ______ This child does not reside with me, however, I have been granted permission by (name or legal guardian)(relationship to child) to allow this child to travel with me on a Swift vehicle. Written authorization is attached and includes the address and a contact number. 44 CONFIDENTIAL SWIFT-Julian.000178 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 45 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 50 of 181 GENERAL REQUIREMENTS The Driver must have an application approved by an employee of Swift Transportation, before allowing a Rider on his/her truck. The Driver will be responsible for paying any and all costs associated with rider authorization fees and insurance coverage for the rider. Permitted Rider authorization coverage will be deducted from your payroll or settlement check on a monthly basis. SECTION 1 Swift shall not bear any responsibility for injury to any Rider and all riders travel in Swift equipment at their risk. Both the Driver and the Rider must execute the Release and Indemnification Agreement releasing Swift from all liability before a rider is allowed to ride in Swift owned or leased equipment. Swift, in its sole discretion, may deny or revoke the Permitted Rider Authorization at any time. Each Rider, or his/her legal guardian, must complete the Indemnification Agreement and Rider Information and Authorization. INDEMNIFICATION AGREEMENT (Must be completed for each rider-make additional copies if needed) Rider release. The undersigned, being of lawful age, and with the knowledge of the hazard involved in the transportation industry, hereby voluntarily agrees to the following: 1. I will abide by all policies and procedures as outlined in the Driver Manual related to the Permitted Rider Program titled "Authorized Passengers" and any policy and procedure clarification subsequently issued. 2. In exchange for free transportation on a Company-owned vehicle or a vehicle leased to Swift Transportation Co., Inc., I agree to indemnify, defend and hold harmless Swift Transportation Co., Inc., its affiliates, subsidiaries, officers, employees, independent contractors and agents (collectively "Swift"), from any and all loss, damage, fines, expense, actions and claims (including reasonable attorney’s fees) for bodily injury (including injury resulting in death) and damage to property in any way resulting from or arising out of my participation in the Permitted Rider Program, to the fullest extent permitted under Arizona law. PROHIBITED CONDUCT The following are additional conditions for participation in the Permitted Rider Program. Drugs and Alcohol: Swift is a zero tolerance company. 1. Drugs: Swift’s drug policy prohibits the use, sale, purchase, transfer, possession, or mere presence in a person’s body of any controlled substance (except physician prescribed medications) by any driver or permitted rider under this Program, either on Swift or customer premises, or while driver is engaged in Swift’s business, or while riding in Swift-controlled motor vehicle equipment, or even while in the presence of a Swift driver who has current control or authority over a Swift motor vehicle is absolutely prohibited. 2. Alcohol: A driver or permitted rider may not consume or be under the influence of alcohol within 12 hours before riding or while riding in Swift equipment. 3. Neither the driver nor the rider under this Program may possess any alcoholic beverage while riding in Swift motor vehicle equipment. General Policies for Permitted Riders in the Program: The following conduct is prohibited and will not be tolerated; any such conduct will lead to the immediate and permanent revocation of rider authorization, at the sole discretion of the Safety Department. Besides the following, there may be other conduct, in Swift’s sole discretion, that may be deemed hazardous or detrimental to security, safety, employee welfare or Swift’s interests and will also be prohibited, leading to the immediate and permanent revocation of rider authorization. 1. The rider is prohibited from operating the Company equipment under any circumstances, or performing any driver work or assisting in any driver-related functions. 2. The destruction, abuse, misuse, theft, or unauthorized removal, or improper use or possession of property belonging to Swift, its agents, employees, vendor or customers is prohibited.(Individuals engaging in such conduct may be subject to criminal prosecution.) 45 CONFIDENTIAL SWIFT-Julian.000179 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 46 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 51 of 181 3. Interference or tampering with the operation of any motor vehicle equipment. 4. Failure to cooperate with a Swift representative. 5. Disclosure of Swift confidential information. 6. Destruction of Swift equipment or property. (Individuals engaging in such conduct may be subject to criminal prosecution.) 7. Disregard for the safety of anyone, including himself, or committing or permitting the commission SECTION 1 of unsafe acts. 8. The use of any language or communication which could be construed as a threat, coercion, insult, abusive behavior or improper conduct toward any person. (Individuals engaging in such conduct may be subject to criminal prosecution.) 9. Having, carrying or otherwise possessing any weapons or explosive devices which could cause bodily injury or property damage while in the presence of a Swift employee under this Program. (Individuals engaging in such conduct may be subject to criminal prosecution.) 10. Posting notices, signs or writing in any form on Swift, agent, customer or vendor property. 11. Offering to sell, selling, offering to buy or buying anything which could be construed as either stolen, misappropriated or contraband material or merchandise; or, attempting to remove or removing, anything being transported. (Individuals engaging in such conduct may be subject to criminal prosecution.) 12. Unauthorized physical contact or threats against any person or organization, including any Swift employee, agent, customer, vendor or any person or organization, including any Swift employee, agent, customer, vendor or any member of the motoring public; any assault, battery, violence or threats of violence against anyone, including one’s self. (Individuals engaging in such conduct may be subject to criminal prosecution.) Physical & Medical Requirements 1. Permitted riders must be in good physical condition. The Company reserves the right to deny rider authority based on any medical conditions which could interfere with the operation of Swift. 2. Riders must understand and demonstrate the ability to get into and out of the Truck using the three-point technique and hereby agree to use the three-point technique when entering or exiting the vehicle. 3. Riders must have valid identification with them at all times under the Program, including but not limited to a state driver’s license or state-issued identification card, or birth certificate for minors. 4. Riders may not have in their possession under the Program any medication unless properly prescribed by a physician and contained within labeled containers. PET RIDER PROGRAM/CLEANLINESS OF EQUIPMENT Pet Rider Program Swift’s policy is that no pets or animals are allowed inside Company owned vehicles; unless a Driver meets certain requirements. Driver Requirements: 1. Full-time Company Driver hired prior to September 17, 2007 and had previously obtained pet authorization. 2. Local and casual Drivers, as well as office personnel are not entitled to participate in the pet rider program. 3. Drivers released from student to solo status who was hired prior to September 17, 2007 and had previously obtained pet authorization. 4. Trainers are not entitled to participate in the pet rider program while training. Pet Requirements: 1. Pet must be a domestic animal. One (1) pet only per truck and must be a cat or dog. Contact the Safety Compliance Department with questions. 2. Pet should be current with all vaccinations. Proof of Vaccinations must be supplied. Two copies of the proof of vaccinations are needed. One copy for the file and one to be kept with the truck. 46 CONFIDENTIAL SWIFT-Julian.000180 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 47 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 52 of 181 3. Completion of the "Pet Authorization Information Sheet." 4. Completion of the "Pet Acknowledgement and Waiver" form. 5. Driver must post a $500.00 security deposit. + $250.00 of the security deposit is non-refundable + Once approval has been given, the deposit is due in advance, if the Driver does not have cash "up front" the deposit will be payroll deducted on a weekly basis at a minimum of $100.00 per week. SECTION 1 6. Driver must have the designated individual, at their home terminal, visually inspect their pet and have a photograph taken for the pet rider file. 7. Driver Mentors are not permitted to participate in the Pet Rider Program while training. 8. NOTE: ONLY ONE PET MAY BE AUTHORIZED TO RIDE ON A COMPANY OWNED TRUCK. 9. Reimbursement for $250.00 of deposit with tractor check-in sheet stating truck is clean inside. Please contact the Safety Department for further information LOSS OF DRIVERS LICENSE Drivers are required to notify Swift when there is a change in the status of their Commercial Driver’s License (CDL). Immediately upon first notice that your license has been suspended, withdrawn, revoked or otherwise denied, you are required to report the fact to the Safety Department by calling 800-842-6005, option #2. REGULATIONS FOR DISQUALIFICATION 391.15 Disqualification of drivers (a) General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle. (b) Disqualification for loss of driving privileges. (b)(1) A driver is disqualified for the duration of the driver’s loss of his/her privilege to operate a commercial motor vehicle on public highways, either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator’s license, permit, or privilege, until that operator’s license, permit, or privilege is restored by the authority that revoked, suspended, withdrew or denied it. (b)(2) A driver who receives a notice that his/her license, permit or privilege to operate a commercial motor vehicle has been revoked, suspended or withdrawn shall notify the motor carrier that employs him/her of the contents of the notice before the end of the business day following the day the driver received it. (c) Disqualification for criminal and other offenses. (c)(1) General rule. A driver who is convicted of (or forfeits bond or collateral) upon charge of a disqualifying offense specified in paragraph (c) (2) of this section is disqualified for the period of time specified in paragraph (c)(3) of this section, if-(c)(1)(i) The offense was committed during on duty time as defined in 395.2(a) of this subchapter or as otherwise specified and (c)(1)(ii) The driver is employed by a motor carrier or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate or foreign commerce; (c)(2) Disqualifying offenses. The following offenses are disqualifying offenses: (c)(2)(i) Driving a commercial motor vehicle while under the influence of alcohol. This shall include: (c)(2)(i)(A) Driving a commercial motor vehicle while the person’s alcohol concentration is 0.04% or more; (c)(2)(i)(B) Driving under the influence of alcohol, as prescribed by State law; or (c)(2)(i)(C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of 391.15(c)(2)(i)(A) or (B), or 392.5(a)(2). (c)(2)(ii) Driving a commercial motor vehicle under the influence of a 21 CFR 1308.11 Schedule I identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphetamine or a derivative of a narcotic drug; 47 CONFIDENTIAL SWIFT-Julian.000181 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 48 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 53 of 181 (c)(2)(iii) Transportation, possession, or unlawful use of 21 CFR 1308.11 Schedule 1 identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty, as the term on-duty time is defined in 395.2 of this subchapter; (c)(2)(iv) Leaving the scene of an accident while operating a commercial motor vehicle; or (c)(2)(v) A felony involving the use of a commercial motor vehicle. SECTION 1 DRIVER DISQUALIFICATIONS AND PENALTIES 383.51 Disqualification of drivers (a) General. (a)(1) A driver or holder of a CDL who is disqualified must not drive a CMV (a)(2) An employer must not knowingly allow, require, permit or authorize a driver who is disqualified to drive a CMV. (a)(3) A driver is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder of a CDL drives a CMV or non-CMV and is convicted of the violations. (a)(4) Determining first and subsequent violations. For purposes of determining first and subsequent violation of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 of this section resulting from a separate incident, whether committed in a CMV or non-CMV must be counted. (a)(5) Reinstatement after lifetime disqualifications. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (b)(8) of this section (Table 1 to 383.51) after 10 years if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently convicted of a disqualifying offense described in paragraphs (b)(1) through (b)(8) of this section. (Table 1 to 383.51) must not be reinstated. (c) Disqualification for serious traffic violations. Table 2 to 383.51 contains a list of the offenses and the periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows: Table 2 to 383.51 1 Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense. (d) Disqualification for railroad-highway grade crossing offenses. Table 3 to 383.51 contains a list of the offenses and he periods for which a driver must be disqualified, when the driver is operating a CMV at the time of the violation, as follows: Table 3 to 383.51 (e) Disqualification for violating out-of-service orders. Table 4 to 383.51 contains a list of the offenses and periods for which a driver must be disqualified when the driver is operating a CMV at the time of the violation, as follows: Table 4 to 383.51 Should a Driver receive a citation and/or be arrested for the use of alcohol; the Driver shall be terminated until the disposition of their case in court. If the charge is dismissed, the Driver will be eligible for rehire. The purpose is to stress the importance of notifying Swift immediately when there has been a change in status of a Driver’s license. For Drivers to understand the importance of following all DOT rules & regulations and Company policies while operating a commercial vehicle. 48 CONFIDENTIAL SWIFT-Julian.000182 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 49 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 54 of 181 DRIVERS LICENSE USE A Driver of Swift Transportation Co., Inc. must have a Commercial Driver’s License (CDL), Class A and authorization to operate a commercial vehicle owned or leased by Swift. Additional endorsements may be required. No person shall operate a Company commercial vehicle, owned or leased, without Company permission SECTION 1 and a valid CDL, which authorizes them to operate the type of vehicle used in their work. Operation of a Company vehicle without proper authorization and a CDL will result in disciplinary action. Safety is our top priority, and we make no compromise when it comes to the safety and well-being of our Drivers, customers and general public. The loss, cancellation or revocation of Driver’s CDL must be reported immediately to the Safety Department. No Driver (Driver) shall knowingly let any other Driver, a non-Swift employee or other individual operate a Company b) Disqualification for major offenses. Table 1 to 383.51 contains a list of the offenses and periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows: Table A If a driver operates a For a first conviction For a first conviction For a first conviction For a second For a second motor vehicle and is or refusal to be or refusal to be or refusal to be conviction or refusal conviction or refusal convicted of: tested while tested while tested while to be tested in a to be tested in a operating a CMV, a operating a non‐CMV, operating a CMV separate incident of separate incident of person required to a CDL holder must be transporting any combination of any combination of have a CDL and a disqualified from hazardous materials offenses in this Table offenses in this Table CDL holder must be operating a CMV for: required to be while operating a while operating a disqualified from placard under the CMV, a person non‐CMV, a CDL operating a CMV for: Hazardous Materials required to have a holder must be Regulations (40 CFP CDL and a CDL disqualified from part 172, subpart F), holder must be operating a CMV a person required to disqualified from for.... have a CDL and CDL operating a CMV for holder must be disqualified from operating a CMV for... (1)Being under the influence of alcohol 1 year 1 year 3 years Life Life as prescribed by State law (2) Being under the influence of a 1 year 1 year 3 years Life Life controlled substance (3) Having an alcohol concentration of 0.04 1 year Not Applicable 3 years Life Not Applicable or greater while operating a CMV (4) Refusing to take an alcohol test as required by a State or jurisdiction under its 1 year 1 year 3 years Life Life implied consent laws or regulations as defined in 383.72 of this part (5) Leaving the scene 1 year 1 year 3 years Life Life of an accident (6) Using the vehicle to commit a felony other than a felony 1 year 1 year 3 years Life Life described in paragraph (b) (9) of this table 49 CONFIDENTIAL SWIFT-Julian.000183 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 50 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 55 of 181 (7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver’s 1 year 1 year 3 years Life Life CDL is revoked, suspended, or SECTION 1 cancelled or the driver is disqualified from operating a CMV (8) causing a fatality through the negligent operation of a CMV, including but not limited to the crimes 1 year Not Applicable 3 years Life Not Applicable of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. (9) Using the vehicle in the commission of a felony involving Life‐not eligible Life‐not eligible Life‐not eligible Life‐not eligible Life‐not eligible manufacturing, for 10‐year for 10‐year for 10‐year for 10‐year for 10‐year distribution or reinstatement. reinstatement. reinstatement. reinstatement. reinstatement. dispensing a controlled substance Table B If a driver operates a For a second conviction of For a second conviction of For a third or subsequent For a third subsequent motor vehicle and is any combination of any combination of conviction of any conviction of any convicted of: offenses in this Table in a offenses in this Table in a combination of offenses in combination of offenses in separate incident within a separate incident within a this Table in a separate this Table in a separate 3‐year period while 3‐year period while incident within a 3‐year incident within a 3 year operating a CMV, a person operating a non‐CMV, a period while operating a period while operating a required to have a CDL CDL holder must be CMV, a person required to non‐ CMV, a CDL holder and a CDL holder must be disqualified from have a CDL and a CDL must be disqualified from disqualified from operating a CMV, if the holder must be operating a CMV, if the operating a CMV for.... conviction results in the disqualified from conviction results in the revocation, cancellation, operating a CMV for... revocation, cancellation, or suspension of the CDL or suspension of the CDL holder’s license or non‐ holder’s license or CMV driving privileges, non‐CMV driving privileges, for... for... (1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or 60 days 60 days 120 days 120 days more above the posted speed limit. (2) Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a 60 days 60 days 120 days 120 days motor vehicle in willful or wanton disregard for the safety of persons or property. (3) Making improper or erratic traffic lane 60 days 60 days 120 days 120 days changes. (4) Following the vehicle 60 days 60 days 120 days 120 days ahead too closely. 50 CONFIDENTIAL SWIFT-Julian.000184 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 51 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 56 of 181 (5) Violating State or local law relating to motor vehicle traffic control (other than a parking 60 days 60 days 120 days 120 days violation) arising in connection with a fatal accident. SECTION 1 (6) Driving a CMV without 60 days Not applicable 120 days Not applicable obtaining a CDL (7) Driving a CMV without a CDL in the driver’s 60 days Not applicable 120 days Not applicable possession.1 (8) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group 60 days Not applicable 120 days Not applicable being operated or for the passengers or type of cargo being transported. Table C If a driver is convicted of For a first conviction a person For a second conviction of any For a third or subsequent operating a CMV in violation of a required to have a CDL and a combination of offenses in this conviction of any combination of Federal, State or local law CDL holder must be disqualified Table in a separate incident offenses in this Table in a because.... from operating a CMV for.. within a 3 year period a person separate incident within a 3 year required to have a CDL and a period a person required to have CDL holder must be disqualified a CDL and a CDL holder must be from operating a CMV for.... disqualified from (1) The driver is not required to always stop, but fails to slow No less than 60 days No less than 120 days No less than 1 year down and check that tracks are clear of an approaching train. (2) The driver is not required to always stop, but fails to stop No less than 60 days No less than 120 days No less than 1 year before reaching the crossing, if the tracks are not clear. (3) The driver is always required to stop, but fails to stop before No less than 60 days No less than 120 days No less than 1 year driving onto the crossing. (4) The driver fails to have sufficient space to drive No less than 60 days No less than 120 days No less than 1 year completely through the crossing without stopping. (5) The driver fails to obey the traffic control device or the No less than 60 days No less than 120 days No less than 1 year directions of an enforcement official at the crossing (6) The driver fails to negotiate a crossing because of insufficient No less than 60 days No less than 120 days No less than 1 year undercarriage clearance. 51 CONFIDENTIAL SWIFT-Julian.000185 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 52 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 57 of 181 Table D If a driver operates a CMV and is For a first conviction while For a second conviction in a For a third or subsequent convicted of... operating a CMV, a person separate incident within a 10 conviction in a separate incident required to have a CDL and a year period while operating a within a 10 year period while CDL holder must be disqualified CMV, a person required to have a operating a CMV, a person from operating a CMV for.. CDL and a CDL holder must be required to have a CDL and a disqualified from operating a CDL holder must be disqualified SECTION 1 CMV for... from operating a CMV for.. (1) Violating a driver or vehicle out‐of‐service order while No less than 90 day No less than 1 year No less than 3 years transporting nonhazardous or more than 1 year. or more than 5 years. or more than 5 years. materials. (2) Violating a driver or vehicle outof‐ service order while transporting hazardous materials required to be placard under part No less than 180 days No less than 3 years No less than 3 years 172, subpart F of this title, or or more than 2 years or more than 5 years. or more than 5 years. while operating a vehicle designed to transport 16 or more passengers, including the driver. DEDUCTIONS Swift reserves the right under certain circumstances to deduct all or part of the expense caused by the Driver in performing his/her duties as a Driver for Swift. A loss (expense) caused by the Driver resulting in: 1. product damage, shortage or theft, 2. equipment or property damage 3. equipment abandonment 4. unauthorized "dead head", 5. unauthorized use of Company trailers These items will be charged against the Driver in a payroll deduction. A Driver is responsible for the proper loading, tie-down, protection, and safety of the load. The Driver is responsible for asking the Dispatcher or Driver Leader whether this load is a "Driver Load and Count" or a "Shipper Load and Driver Count" or a "Shipper Load and Shipper Count". The Driver is responsible for the safe operation of the vehicle so that there is no loss (expense) incurred from damage to property or equipment. If a Driver terminates his/her employment, it is his/her responsibility to return Swift’s equipment to the nearest terminal. Should the Driver abandon Swift’s equipment elsewhere, any expenses incurred to retrieve the equipment will be deducted from the Driver’s final paycheck. A rate of $1.00 per mile will be deducted for unauthorized "deadhead" or a rate of $100.00 for unauthorized use of Company trailers. Authorization for use of Company equipment must be made prior to use and authorized by Swift management. UNAUTHORIZED EQUIPMENT/RADAR DETECTOR The Federal Highway Administration has issued a final ruling banning use of radar detectors in all commercial motor vehicles (CMV) traveling interstate. The ruling was published in the Federal Register (pg. 67370). If a Driver Leader or any State Enforcement Official finds a radar detector and/or jamming device in any Company-owned vehicle, it will be considered a violation of Federal and Company policy and the Driver will be subject to disciplinary action. Radar detectors and/or jamming devices are considered to be an admission of speeding when used in Company vehicles; as well as a violation of the Federal Highway Administration’s ruling (390.5 & FMCSR pg. 67370). Safety is our top priority, and we make no compromise when it comes to the safety and well being of our Drivers, customers and general public. 52 CONFIDENTIAL SWIFT-Julian.000186 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 53 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 58 of 181 It is prohibited to install an inverter in Company or IEL leased tractors with the following exceptions. IEL purchased/leased equipment may have an inverter installed by the manufacturer or an authorized representative only to prevent voiding warranties. Drivers operating Company trucks may have an inverter installed only with the permission of the Director of Safety. Drivers are responsible for complying the Federal Highway Administration’s ruling (390.5 & FMCSR pg. SECTION 1 67370) related to banning use of radar detectors and/or jamming devices on all commercial vehicles. Steering wheel mounted spinner knobs are not permitted to be installed on any equipment operated under Swift’s operating authority. KEYS Swift Transportation Co., Inc. retains full ownership of all equipment and the right to assign equipment for use by its Drivers as it sees fit. The Driver shall at all times respect Swift’s property as if it were their own. Under no circumstances shall Company Drivers loan or permit duplication of any keys belonging to the Company without the express permission of Driver Leader personnel. Truck keys shall remain in the Driver’s possession at all times unless otherwise instructed by his Driver Leader. Drivers are required to notify their Driver Leader if they should ever lose their keys. The Driver Leaders are responsible for filling out a shop order request for duplication of keys. YEARLY VIOLATIONS STATEMENT The DOT requires that "Yearly Violation Statement" be filled out by every new-hire, rehire or current Driver once a year. Drivers are required to submit yearly a DOT prescribed form listing all of your traffic convictions, regardless of type, with the exception of parking violations, setting forth your date of conviction, the offense, location, and type of vehicle you were operating at the time of the offense. Drivers are required by DOT to prepare this document by submitting information upon request by completing and sending Macro 58 even if they have no convictions during the time period. The purpose of this policy is to fulfill this DOT requirement by the Driver and Company and to note any violations that have occurred in the past year that may have an effect on one’s employment with the Company. All are required to submit this form once a year. Failure to do so could affect employment status. MEDICAL EXAMINATION All applicants, rehires, and current Drivers must meet DOT Rules and Regulations pertaining to health requirements to drive or continue to drive a commercial vehicle. A DOT Physical and Drug Screen will be administered to each applicant who has received a conditional offer of employment, rehire and current Driver. • All Swift Drivers must meet DOT Rules and Regulations (see Section 391) to be hired and continue driving for the Company. • All Swift Drivers are required to have a valid medical certificate, not over two years old since it was issued, with them at all times while operating Company equipment. • Company drivers must use a Swift Clinic or a Swift approve clinic. List of Swift approved clinics is located on the Swift Driver Portal. The purpose of this policy is to meet all DOT Rules and Regulations pertaining to health requirements so that a Driver is DOT certified. Drivers are responsible for recertification of their medical card every two years or as required by the examining physician. Compliance will send the Driver’s Driver Leader a reminder requiring renewal of the medical card prior to expiration. 53 CONFIDENTIAL SWIFT-Julian.000187 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 54 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 59 of 181 MEDICAL DISQUALIFICATION DOT Rules and Regulations state that a Driver’s medical card may be revoked, suspended or reevaluated for medical reasons. Even though a Driver may have a valid medical card, if the Driver’s ability to perform his/her normal duties have been impaired by a physical or mental injury or disease, the Driver is required to get a new medical examination SECTION 1 in accordance with Part 391.45 (FMCSR) and approval from the by the Safety Compliance Department. This will ensure that every Driver meets all DOT health requirements even after that Driver has a medical card. The Driver is responsible for contacting the Safety Department and Human Resources whenever the Driver cannot perform his/her normal duties. LOG RULES & REGULATIONS Violations found to be Flagrant or Willful may result in immediate termination of employment or placed out of service. Hours of service regulations apply to all carriers and Drivers involved in transportation of property or passengers while conducting interstate or foreign commerce. Hours of service are regulated to ensure safer trucking operations. To ensure that each Driver understands daily log rules and regulations. See Driver Operations Manual and Logging Instructional Manual for "how to’s". To ensure that each Driver understands the disciplinary action taken if a violation occurs. The Driver must follow all FMCSR rules and regulations pertaining to hours of service. The Dispatcher, Driver Leader and Operations Representative must ensure that the Driver is complying with the hours of service rules and regulations. FULL-TIME, CASUAL, AND/OR LOCAL DRIVERS Should you receive a citation, FOR ANY REASON, you must note that citation on the Vehicle Inspection Report of your logs. Any citation received must be remitted to the Licensing & Permits Department for payment by Swift. Should it be determined that the citation fine is the responsibility of the Driver, a payroll deduction will be made until such fine amount has been paid back. Also, you must contact the Safety Compliance Department so that the citation may be entered into your Driver file. You must report ANY citation: DWI, DUI, Suspensions, Revoked, Moving Violations, Equipment, etc. FAILURE TO REPORT Failure to report citations or violation as required by DOT Regulations may result in immediate termination of employment. CITATIONS Should a driver receive a citation that is determined to be driver responsibility he or she will be subject to disciplinary action including but not limited to termination. Part 396.9(d)(1) requires driver to submit all inspection forms to the motor carrier upon arrival at the next terminal or facility or within 24 hours it needs to be mailed to the motor carrier. Driver’s that fail to submit their inspection or citation forms will be subject to disciplinary action including but not limited to termination. 396.9 Inspection of motor vehicles in operation. (a) Personnel authorized to perform inspections-Every special agent of the FMCSA is authorized to enter upon and perform inspections of motor carrier’s vehicles in operation. (b) Prescribed inspection report-The Driver Vehicle Examination Report shall be used to record results of motor vehicle inspections conducted by authorized FMCSA personnel. (c) Motor vehicles declared "out of service" (c)(1) Authorized personnel shall declare and mark "out of service" any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An "Out of Service Vehicle" sticker shall be used to mark vehicles "out of service". 54 CONFIDENTIAL SWIFT-Julian.000188 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 55 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 60 of 181 (c)(2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked "out of service" until all repairs required by the "out of service notice" have been satisfactorily completed. The term "operate" as used in this section shall include towing the vehicle, except vehicles marked "out of service" may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of an emergency towing vehicle and an "out of service" vehicle shall not be operated unless such SECTION 1 combination meets the performance requirements of this subchapter except for those conditions noted on the Driver Vehicle Examination Report. (c)(3) No person shall remove the "out of service vehicle" sticker from any motor vehicle prior to completion of all repairs, required by the "out of service notice". (d) Motor carrier disposition. (d)(1) The driver of any motor vehicle receiving an inspection report shall deliver it to the motor carrier operating the vehicle upon his/her arrival at the next terminal or facility. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier. (d)(2) Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected. (d)(3) Within 15 days following the date of the inspection, the motor carrier shall-(d)(3)(i) Certify that all violations noted have been corrected by completing the "Signature of Carrier Official Title and Date Signed" portions of the form; and (d)(3)(ii) Return the completed roadside inspection form to the issuing agency at the address indicated on the form and retain a copy at the motor carrier’s principal place of business or where the vehicle is housed for 12 months from the date of the inspection. CITATION/OOS POLICY The purpose is to reduce the number of citations and violations that our drivers receive while operating Swift equipment. All inspections and citations must be sent to the Safety group in Phoenix. A record of the violation(s) will be entered into the Driver Performance area of the Swift AS400. The following corrective action process has been established to hold the driver accountable for his/her failure to submit roadside inspection reports and citations within the 24 hour period as prescribed by federal regulation. If a driver should receive a violation or citation while employed by Swift Transportation: a. All inspections and citations are entered into a database as they are received from drivers. In addition, the monthly MCMIS information is loaded into the same data base where both lists will be cross checked and duplicates will be removed. The level of discipline will be based on a rolling 12-month cycle. b. Drivers who receive a combination of three or more Driver and Equipment OOS Violations in a single inspection, will be elevated 2 levels within the process regardless of where they are currently in the process; i.e., 0-2, 1-3, 2-4. c. Drivers who are convicted of offenses listed in FMCSR 383.51 (found in tables B, C and D found on page 50 of the Driver Handbook) will be elevated 2 levels within the process regardless of where they are currently in the process; i.e., 0-2, 1-3, 2-4. d. Drivers who receive Tier II Driver Violations (see the Tier II list below) will be elevated 2 levels within the process regardless of where they are currently in the process; i.e., 0-2, 1-3, 2-4. *Exception: Drug/Alcohol use or possession will result in immediate termination under Swift’s zero tolerance policy. UPDATE 7/2015: Those violations outlined in the "**Tier II Escalated Violations/Citations" matrix below will result in a Final Performance Counseling Report (PCR) for the first Tier II Escalated violation and termination of employment or contract for the second Tier II Escalated violation within a twelve month period. e. Drivers who receive three or more equipment violations in a single inspection will be escalated 1 level. f. Drivers who receive two or more OOS equipment violation in a single inspection will escalate 1 level. 55 CONFIDENTIAL SWIFT-Julian.000189 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 56 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 61 of 181 Safety Performance Review: consists of a review of a driver’s entire safety performance including length of service, accidents/incidents, road reports, citations/violations, and log violations. The findings of the review will result in further disciplinary action which may consist of any of the following: suspension, probation, PCR, suspension of mentor status or termination of employment or contract. Violations/Citations Disciplinary Process SECTION 1 Level 1 Level 2 Level 3 Level 4 Level 5 PCR/Written Warning PCR/Written Warning Performance Review Performance Review Termination PCR/Written Warning PCR/Written Warning Remedial Training Remedial Training 3 Probation 5 day day suspension suspension Performance Review Termination Mentor Termination Mentor Mentor Status Status Suspension Status Terminated Suspension 30 days 60 days for 1 year Tier II Violations/Citations Reckless/Careless/Negligent Driving Failure to keep in proper lane *Drug/Alcohol/use or possession Improper passing Failure to yield right of way Improper lane change Following too closely Improper turn Too fast for conditions False log book or E‐logs Failure to obey traffic control devise No log book or E‐logs Speeding > 15 MPH Hours of service violation **Tier II Escalated Violations/Citations Speeding > 10 MPH Speeding in Construction Zone Failure to obey traffic control device Texting/Handheld phone use while driving RESTRICTED USE OF THE TOP BUNK The top bunk is never to be used when the truck is in motion. The top bunk may only be used when the truck is parked. This restriction is necessary to control the risk of serious injuries resulting from the occupant being ejected from the bunk during hard braking or other driving maneuvers. Drivers running team must rotate sleeper berth periods with the use of the lower bunk. Should the team not want to share the bedding on the lower bunk sleeping bags may be used to make bedding personal. CONCLUSION Many Company policies and Driver benefits have been treated only briefly in this Driver Handbook. If you have any questions or want more information, your Driver Leader will be glad to fill in the details for you. The Director of Human Resources or Director of Safety will also be happy to help you with questions or problems. 56 CONFIDENTIAL SWIFT-Julian.000190 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 57 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 62 of 181 SECTION 2 – SAFETY PROCEDURES & PREVENTION, PERMITS, CARGO & EQUIPMENT, SECURITY & THEFT SAFETY PROCEDURES & PREVENTION VEHICLE INSPECTIONS You are required to perform a pre-trip inspection: • Before you leave a terminal. • Any time you have been off-duty for 8 or more consecutive hours. • Any time you drop one trailer and pick up another. Federal Motor Carrier Regulations (FMCSR) require that, prior to driving a motor vehicle, the driver "shall be satisfied that the motor vehicle is in safe operating condition." If any equipment is found to be unsafe, the driver must cease operation of the vehicle until the situation is remedied. This implies to a pre-trip inspection of the vehicle done by the driver. *Note: All vehicle inspections must be properly recorded on the driver’s daily record. Pre-trip inspections shall include the following: 1) Vehicle overview – While approaching the vehicle, look for damage and general vehicle condition. Look for leaks, and check for hazards near the vehicle. 2) Check engine compartment – Remove the keys and make sure brakes are set. • Check the oil level. SECTION 2 • Check coolant level and condition of radiator and hoses. • Check power steering fluid and hoses. • Check windshield washer level. • Check battery fluid level if easily accessible, connections, and tie downs. • Check transmission fluid level. • Check belts for tightness and excessive wear. • Check for any leaks. • Check for cracked or worn wiring. 3) Get in and start engine – Make sure brakes are set, gearshift is in neutral, engage clutch and start engine. Listen for unusual noises, release clutch. • Check Oil Pressure gauge. It should be up to normal in seconds. • Check Voltmeter. It should read in normal range. • Check Coolant Temperature. It should begin gradual rise to normal range. • Check Engine Oil Temperature. It should begin gradual rise to normal range. • Check Warning Lights and Buzzers. They should go out right away. • Check Air Gauge. It should be rising to normal. • Check for proper operation of the clutch, steering wheel, accelerator, brake controls, transmission controls, interaxle differential lock, horns, windshield wiper/washer, defroster, lights, signals, and flashers. • Inspect mirrors and windshield for cracks, cleanliness and obstructions. • Check emergency equipment, fuses, triangles, fire extinguisher, seatbelts. 4) In cab brake check – Check the brake system. • Check rate of air pressure build up. The pressure should build up from 85-100 psi within 45 seconds in dual air systems. • Check Air Compressor Governor Cut-In and Cut-Out Pressures. The compressor should cut-in at 60 psi and cut-out at 120 psi. • Test Air Leakage Rate. Build up full pressure and turn off the engine. The loss rate should not 57 CONFIDENTIAL SWIFT-Julian.000191 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 58 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 63 of 181 be more than two psi in one minute for a single vehicle and not more than three psi for a combination. • Test low pressure warning signal. Turn the electrical power on, but not the engine, release the brakes if safe to do so, and step on and off the brake pedal to reduce air tank pressure until the spring brakes come on automatically. The parking brake knob should pop out when the air pressure falls between 20-40 psi. The low pressure warning signal must come on before the pressure drops below 60 psi. 5) Turn off the engine and check lights. Turn on the low beams and four-way flashers. • Go to the front of the vehicle and check that the low beams and clearance lights are on and four-way flashers are working. • Turn off the four-way flashers. • Push dimmer switch and check that the high beams work. • Activate the left turn signal. • Go down the left side of vehicle and check all clearance lights and turn signals. • Activate the right turn signal. • Go down the right side of vehicle and check all clearance lights and turn signals. • Turn off turn signal and activate hand brake or have a helper put on brake pedal to check to make sure brake lights are operating. 6) Do walk around inspection. • Check front axle. • Check steering system for looseness and damage. • Check windshield and wipers. • Check lenses and reflectors, make sure they are clean and the correct color. • Check wheels and rims condition, lugs are tight, no hub oil leaks, tire tread depth. • Check suspension, shocks, shackles, u-bolts. SECTION 2 • Check brakes, hoses, air chambers, slack adjusters, and brake drums. • Check door glass. • Check fuel tanks, mounts, crossover lines, fuel level and caps. • Check exhaust system is secure and not leaking, clear of wiring. • Check frame and cross members. • Check air lines and electrical wiring condition and are free from snagging. • Check spare tire and mount for damage. • Check drive shaft is tight and not twisted or broken. • Check rear axle. • Check for license plate. • Check splash guards condition, not dragging on pavement. • If you find damage, report it to claims immediately – Before Leaving. • Termination before leaving inspection area and final brake system check. • Set the parking brake. • Check required paperwork, trip manifest, bills of lading, required permits • Test parking brake. Fasten seat belt, set parking brake, place in low gear and pull lightly against the brakes to ensure they will hold the vehicle. Release brakes and pull trolley valve. Pull lightly against brakes to ensure they will hold. • Adjust brakes if they failed to hold the vehicle. • Test service brake stopping action. Go about five miles per hour and push brake pedal firmly. Pulling to one side or the other or delayed stopping action could mean brake trouble. 58 CONFIDENTIAL SWIFT-Julian.000192 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 59 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 64 of 181 7 POINT BRAKE CHECK SECTION 2 Refer to Driver Quick Notes. You must be able to perform this operation at a roadside inspection when an officer asks you to demonstrate. Tractor Start-up: • 15 seconds for oil pressure buildup. • 15 seconds for oil light & buzzer to go off. • Check volt or amp meter. • Check water temperature. 1) Engine Check • Rate of pressure buildup – With the engine at 1500 rpm’s, the pressure should build from 85 to 100 psi within 45 seconds. • Governor check – Check the air compressor. The Cut-In and Cut-Out should start at about 100 psi and stop at about 125 psi. 2) Parking Brake Check • Tractor valve out/trailer valve in. While in first gear, give the parking brake two tugs. • Trailer valve out/tractor valve in. While in first gear, give the parking brake two tugs. 3) Service Brake Check • Push both the tractor and trailer valves in. Pull ahead at 5 mph. While lightly holding the steering wheel, apply the brakes, check for pulling to the right or to the left. Any pulling could indicate one of the following: grease on the brake lining, a low tire, the load has shifted, or a broken spring. 4) Static Test • Turn the engine off. Push the tractor and trailer valves in (system is then charged). Air loss rate should be less than 2 psi in one minute for a single vehicle and 3 psi for a combination vehicle. 5) Applied Test • Apply 90 psi or more to the brake system. After the initial pressure drop, air pressure should not fall more than 3 psi in one minute for a single vehicle or 4 psi for a combination vehicle. If it does, the air loss rate is too much. 59 CONFIDENTIAL SWIFT-Julian.000193 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 60 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 65 of 181 6) Low Pressure Light Test • Turn the key on, pump the brake. The low pressure warning light and buzzer should come on by 60 psi. 7) Spring Brake Test • Bleed the air from the system by pumping the brakes. When the air falls between 40 psi and 20 psi, the trailer knob should pop-out followed by the tractor knob, or both at the same time. The tractor knob should never be first. SAFE DRIVING PRACTICES There are countless variables that can make a crash happen. Behind the variety of unique reasons for every crash are common contributing factors that repeatedly come into play. They include: • Inattention • Improper scanning techniques • Poor time management • Poor space management • Not allowing for the mistake of other Drivers • Not enough training • Failure to adjust to conditions • Attitude • Driver impairment • Vehicle failure By utilizing "SWIFT Decision Driving" we can avoid crashes that are caused by many of these factors. 1) Speed: Appropriate for conditions How do you do it? Adjust to changes in road conditions, load dynamics, and posted speed limits. SECTION 2 What does it do for you? Allows you to safely operate your equipment in all conditions and road types. Key Phrase: Controlled and appropriate for conditions 2) Watch other motorists and pedestrians How do you do it? Look, see, and identify potential hazards early. Scan front every 1-3 seconds and rear every 4-6 seconds. Have an escape route. Use ground viewing habit. Remember S.I.P.D.E. What does it do for you? Eliminates uncertainty; makes you safe in your actions. Keeps you safe when at intersections, stops, turns, lane changes, merging and passing. Key Phrase: Avoid surprises by being prepared 3) Indicate Your Intentions How do you do it? Use Signals, lights, and horn to communicate in traffic. What does it do for you? Lets others know your intentions. Helps prevent unexpected actions by others. Helps establish eye-to-eye contact. Key Phrase: Let others know your intentions 4) Follow other vehicles safely How do you do it? Maintain at least 6-8 seconds of following time, and increase based on weather, traffic, or other adverse conditions. Practice 12-16 seconds of vehicle lead time (VLT). What does it do for you? Increases forward visibility. Improves the ability to respond to changes in traffic. Prevents sudden stopping and swerving. Key Phrase: Rear-ending another vehicle is completely avoidable and preventable. 5) Take the path of least resistance How do you do it? See the entire driving picture. Plan the safest, forward or backward, travel path in advance. What does it do for you? Keeps you from "driving blind", eliminates surprises. Provides a safe path on turns. Reduces backing hazards. Buys time. Key Phrase: Have a plan for getting to your MIS (Most Important Stop) 60 CONFIDENTIAL SWIFT-Julian.000194 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 61 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 66 of 181 NIGHT DRIVING Driving at night is more dangerous simply because we cannot see hazards as far ahead quickly as in daylight. Here are some factors that make night driving so dangerous. • Vision... People cannot see as sharply at night or in dim light. Give your eyes time to adjust to the changing light conditions before you start driving your truck. Dimming the lights inside the cab of the truck, like the dash lights, will help reduce the impact they have on your low light vision. It also reduces eye strain. • Glare... The glare from the headlights of oncoming traffic can be extremely dangerous. If an oncoming vehicle’s headlights blind you, it could take your pupils four to seven seconds to readjust. At 55 mile per hour, you would travel between 360 and 560 feet. A football field is 360 feet long. Keep your eyes focused on the right side of your lane when oncoming glare is bad. If other drivers do not dim their lights, do not get back at them by turning your brights on. All this does is result in two temporarily visually-impaired drivers. • Fatigue... Fatigue and lack of alertness are big problems in night driving. The body’s need for sleep is beyond a person’s control. After midnight is generally when fatigue hits the hardest. When fatigue sets in, perception and reaction times increase. The only safe cure for fatigue is to get off the road and sleep. • Poor lighting... Artificial lighting allows us to see very limited distances. Be sure to drive slow enough to be sure you can stop in the distance you can see ahead. • Impaired Drivers... Drivers who are under the influence of drugs and alcohol are more likely to be encountered at night. Watch for drivers who have trouble maintaining speed or control of their vehicles, stay away from them. • Headlights... Only allow you to see approximately 250 feet on low beam and 350-500 feet on high beam. Go slow enough to be able to stop within the range of your headlights. Clean your headlights, turn signals, and reflectors every time you fuel your truck. SECTION 2 WINTER DRIVING Being properly prepared for winter is extremely important. Following some simple tips from the Swift Onroad department can help avoid downtime in cold weather. 1. Antifreeze should be tested (good to-34°) and coolant level should be checked daily to ensure system is full. Never check the coolant level when the engine is hot. 2. Watch your volt meter. It should never read below 13.5 V at 1500 RPM. 3. After parking overnight, brakes can freeze to the drums and cause the tires to drag rather than roll. It is important to make sure that your tires are rolling freely and that you're checking your mirrors periodically to ensure that they are. Note: please make sure you let your trailer brakes cool down before setting the parking brakes. This will help prevent trailer brakes from sticking to the brake drums. Never exit the truck without setting your parking brakes. 4. Make sure you have tire chains on your truck. Law requires six sets of chains to be carried during the winter months. Chains can be obtained at any swift term 5. Do not engage your inter-axle differential lock while the tires are spinning. The preferred method is to engage while all tires are STOPPED. 6. All tractors are equipped with a positive jumpstart stud. The stud is located under the hood on the left side and is clearly marked. Hook the positive jumper to the stud and the negative cable to the frame. 7. Park at a Swift Terminal whenever possible (or a truck stop) where help is nearby. 8. Avoid parking at home or far from help. 9. Drain water out of your fuel water separator every week. If you are not sure how to do this see a Swift shop for instructions. 10. Drain water out of your air tanks every day. This will help prevent the air system from freezing up. 11. Make sure you have warm clothing, water, and food in the truck at all times. 12. If the high daily temperature will be below 15 degrees: 61 CONFIDENTIAL SWIFT-Julian.000195 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 62 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 67 of 181 a. Fill your fuel tanks to prevent fuel gel. b. If you will be staying in your truck, it is OK to idle continuously. c. If you will be away from your truck, you must start your truck and idle it for approximately 2 hours for every 8 hours of the truck sitting to prevent fuel gel and no starts. 13. If the high daily temperature will be between 15 degrees and 30 degrees: a. If you will be in your truck OR away from your truck, start and idle for approximately 2hrs for every 8 hours of the truck sitting to prevent fuel gel and no starts. Note: Swift has fuel additive available at the terminals. Please ask the shop for some bottles to take with you. All Swift bulk fuel has been treated and does not need any additional additive(s). If fueling in cold climates, the fuel additive is already in the fuel. But, if fueling in Southern states, please be sure to purchase and/or add diesel fuel additive. Effective 12/8/13, you will be able to purchase fuel additive with your Comdata card. DRIVING IN SNOW Snowy conditions create their own unique road conditions due to the type of snow, temperature, and visibility. In these adverse conditions you must slow down and increase following distance, and possibly get off the road until conditions improve. Here are some tips for driving in snow: • Start out smoothly, if your drive tires start to slip, back off the accelerator and begin again. • Steering and braking should be done smoothly to avoid skidding. • Dry powdery snow usually provides a stable driving surface. • Hard packed snow is usually safe to drive on if you use extra caution. • Be extra cautious on snow covered roads where the top layer melts during the day then freezes when the sun goes down. • Be sure to carry extra warm clothing, survival rations, a small shovel and first aid supplies. SECTION 2 • NEVER USE YOUR JAKE BRAKE IN SNOWY CONDITIONS. DRIVING ON ICE Even though driving on ice is always dangerous, there are degrees of danger. Here are some tips for driving on ice. • Very cold ice is safer to drive on than wet melting ice. • Slow down and increase following distance. • Ice forms first on bridges and overpasses. • Shaded areas such as mountain areas, shaded curves, under bridges, may be icy even though the roads appear dry. • IF YOU ENCOUNTER BLACK ICE, GET OFF THE ROAD UNTIL CONDITIONS IMPROVE. • Watch the forecast in the areas you are destined to, be prepared for the conditions you will encounter. • NEVER USE JAKE BRAKE IN ICY CONDITIONS. DRIVING IN FOG The number one rule for driving in reduced visibility is SLOW DOWN! Here are some tips for driving in fog: • Reduce speed to within visual stopping distance. • Increase following distance. • Use your low beam lights and fog lights only. • Keep your windshield wipers and defroster going in heavy fog. • Listen to the road. Roll down your window part way so you can hear the road. • Anticipate slow moving traffic. • Use your horn at blind or obstructed view intersections. • If you decide to pull off the road due to reduced visibility, park well off the road and turn off all your lights. 62 CONFIDENTIAL SWIFT-Julian.000196 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 63 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 68 of 181 DRIVING IN WIND Driving in strong winds is a hazard that every part of the country has to learn to deal with. Strong winds can blow a high profile commercial vehicle on to its side. Most often the wind causes the vehicle to drift out of the intended lane of travel, which may cause contact with vehicles in adjacent lanes or objects on the sides of the road. Here are some tips for operating in high winds: • Be especially cautious when coming out of tunnels, from behind mountain peaks, or valleys. • Slow down. • Avoid driving next to other vehicles when possible. • Not all wind can be safely driven in. When conditions become unsafe, find a safe place to park the truck and wait for conditions to improve. MOUNTAIN DRIVING In mountain driving, gravity plays a major role. On any upgrade, gravity slows you down. The steeper the grade, the longer the grade, and/or the heavier the load — the more you will have to use lower gears to climb hills or mountains. In coming down long steep downgrades, gravity causes your vehicle to increase speed. When confronted with any downgrade, your most important consideration is to select a speed that is not too fast for the weight of the vehicle and cargo, length of the grade, steepness of the grade, road conditions or weather. Here are some tips for mountain driving: • Shift the transmission into a lower gear BEFORE starting the downgrade. • Never exceed the posted "Maximum Safe Speed". • Do not try to downshift going downhill. You may not be able to get back into any gear. • You must use the braking effect of the engine as the principle way of controlling your speed. SWIFT POLICY FOR BRAKING IS THE USE OF "SNUB BRAKING" Once the vehicle is in proper low gear, the following is a proper braking technique: SECTION 2 1) Apply the brakes just hard enough to feel a definite slowdown. 2) When your speed has been reduced to approximately five mph below your "safe" speed, release the brakes (this brake application should last for about three seconds). 3) When your speed has increased to your "safe" speed, repeat steps 1 and 2. Swift does not use light steady pressure as a means of braking on downgrades. It has been proven ineffective and causes excessive brake wear and overheating. TAILGATERS Large trucks are not capable of going as fast as other traffic. As a result you will find yourself being tailgated on occasion. When you suspect you are being tailgated, follow these simple rules: • Avoid quick changes. If you need to slow down or turn, signal early and reduce speed very gradually. • Increase your following distance. Opening up room in front of you will help avoid having to make sudden speed or direction changes. It also will make it easier for the tailgater to get around you. • Don’t speed up. It is safer to be tailgated at a low speed than at a high speed. • Avoid tricks. Don’t turn on your taillights or flash your brake lights. U-TURNS U-turns can only be completed when safe and legal. When assessing whether it is safe to do a U-turn check the following: • Is it legal? • Is it necessary? • Is there any danger of crossing the path of moving vehicles? • Is there sufficient space to avoid hitting anything with trailer overhang? • Will the wheels dig up the asphalt or dirt and cause damage? • Are there any overhead hazards? • Can it be done without jackknifing the equipment and causing damage? • Never do a U-turn across any roadways or lanes of travel. 63 CONFIDENTIAL SWIFT-Julian.000197 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 64 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 69 of 181 GRADE CROSSINGS Rail crossings are extremely dangerous. Following some very simple guidelines can prevent a crash and save your life and the lives of others. • Never enter a crossing unless you can fully clear the tracks on the other side. • Never shift gears while on the tracks. • If the gate comes down after you have started across, drive through and get off the tracks even if it means breaking the gate. • Stop no closer than 15 feet from the tracks and no farther than 50 feet from the tracks. • Roll your window down and listen for trains while looking both ways until you are sure it is clear to cross. LOOK + LISTEN = LIVE FATIGUE Fatigue kills. When you are tired you must sleep. Identifying when you are tired is extremely important. Here are some of the ways to recognize when you are tired: • Eyes close or go out of focus by themselves. • Trouble keeping your head up. • Frequent yawning. • Squirming in your seat, wandering disconnected thoughts. • Can’t remember driving the last few miles. • You missed your exit. • Keep drifting out of your lane. • Your speed becomes variable. SECTION 2 • Tailgating the vehicle in front of you. • Frequently change lanes for no apparent reason. • Driving slow in the high speed lane. • You are braking for no apparent reason. If you have determined that you are tired, take the following steps immediately. • Turn off your cruise control. • Roll down a window and get some fresh air. • Talk on the C-B. • Pull over in a safe place and get some sleep. WHEN YOU ARE TIRED, SLEEP IS THE ONLY THING THAT WILL HELP!!!! PARKING Drivers must always consider safety when parking. • Only park in locations where it is safe and legal to park. • Never park on exit or entrance ramps to highways. • Never park on a highway shoulder in a non-emergency situation. • Preplan your trip to include safe parking locations for your rest breaks. If going into unfamiliar locations, allow yourself extra time. • Avoid obstructing other motorists’ views. • Never park at intersections. • Be courteous. Park in a location where your vehicle is not a nuisance or an eyesore to the community. • Be a "good neighbor." 64 CONFIDENTIAL SWIFT-Julian.000198 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 65 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 70 of 181 OVERHEAD CLEARANCES A Driver must know the height of his equipment at all times. Swift utilizes many different heights and lengths of trailers as well as different sizes of tires on this equipment. Here are some things a Driver can do to prevent hitting overhead hazards. • Carry a heavy-duty 25-foot tape measure and use it whenever you are unsure of your equipment height or the height of an overhead hazard. Do not climb on the equipment when measuring the height, do it from the ground. • During the pre-trip inspection, note the trailer height. Write it down and say it out loud as you are writing, this will help place it in your memory. • If the trailer tire size differs from your tractors’ tire size, the height of your trailer will increase. (See diagram 1) • Remember, all heights are measured when the equipment is parked. The height of the truck and trailer will increase as your speed increases. THIS INCREASE CAN REACH UP TO SEVERAL INCHES due to suspension movement and road conditions. Never assume the posted height of a bridge or overpass is correct. Recent resurfacing, bridgework or snow and ice on the road can decrease the clearance. • The weight of your load can affect the height of your van. A trailer loaded with 45,000 pounds will be slightly lower than an empty trailer. What this means is you may clear a low overhead hazard when loaded and not clear it when you are empty. Pay attention to possible low hazards that you will encounter when both loaded and empty, such as wires and trees near shippers and consignee’s. • Beware of tunnels or overpasses that have rounded openings. The posted clearance height may be measured in the center of the opening and be safe to pass. However, the clearance height may decrease on the right side of the opening due to the curve of the wall. • Before backing Get Out And Look. This means look up and make sure there are no overhead hazards in your intended path of travel. SECTION 2 65 CONFIDENTIAL SWIFT-Julian.000199 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 66 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 71 of 181 THESE MEASUREMENTS ARE WITH THE TRUCK PARKED ADD AN ADDITIONAL ONE TO TWO INCHES TO THE HEIGHT WHILE TRUCK IS MOVING SECTION 2 66 CONFIDENTIAL SWIFT-Julian.000200 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 67 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 72 of 181 DOCK SAFETY POLICY AND PROCEDURE Serious injuries and fatalities occur at loading docks because some drivers’ do not take proper steps to ensure the trailer is not occupied or being loaded or unloaded. Swift expects every one of its drivers to follow the shipper/receivers dock safety procedures in addition to the procedures contained herein. 1. Conduct a visual inspection of the trailer and surrounding area for potential hazards. 2. Make a visual inspection of the trailer to ensure it is not being loaded or unloaded. 3. Check to see if the dock plate has been removed from between the trailer and dock or in the case of automatic dock plates ensure it is in the raised position. This can be done by looking up at the area between the dock and trailer. 4. Ensure the trailer is not occupied. When a visual inspection is not possible you must pound on the side of the trailer with an open hand and with a loud voice identify yourself and the intent to pull the trailer from the dock. Listen for sounds from within or near the rear of the trailer. Once you have ensured yourself the trailer is not being loaded/unloaded or occupied, couple the tractor to the trailer. 5. Once the tractor has been coupled to the trailer and is ready for movement, recheck the trailer once again to ensure it is unoccupied. Once satisfied the trailer is not occupied pull the trailer about 2 feet away from the dock. Set the brakes on unit, go to the rear of the trailer and make a final visual inspection. Once satisfied the trailer is unoccupied pull completely away from the dock and close the trailer doors. Now you may perform an equipment inspection and proceed as directed. SECUREMENT OF ITEMS ATTACHED TO THE REAR OF THE SEMI-TRACTOR Swift Transportation forbids the carriage of personal belongings in the space from the rear of the cab to the 5th wheel. Carriage in this area is restricted to the spare tire, ladders and specialty equipment, such as rollers and load locks. Chains, binders and tarps may be carried in this area when affixed to racks or panels specifically designed for this purpose. SECTION 2 It is the driver’s responsibility to ensure the spare tire is secured in the spare time mount with a steel chain and lock. Rollers, load locks and ladders are to be secured with rope, chain or cable. DISTRACTED DRIVING POLICY – UPDATED NOVEMBER 10, 2014 Distracted driving is something we see every day in many forms while we drive America’s roadways. It is our mission at Swift to not contribute to this problem with the following distracted driving guidelines. 1. Drivers are not permitted to use a hand-held cell phone while operating a motor vehicle on company business and/or on company time. The only exception is when necessary to communicate with law enforcement or other emergency services. 2. Drivers are not permitted to read or respond to e-mails or text messages while operating a motor vehicle on company business and/or on company time. 3. This policy also applies to use of PDAs, Qualcomms, laptops, GPS, or any other electronic device. 4. While Driving: Phone calls can be made or received while operating a motor vehicle on company business and/or on company time, if the driver is using a hands-free system and it is used in voice activated mode only. NOTE: This policy does NOT apply to Student Drivers and Driver Trainees. 5. It is the driver’s responsibility to also adhere to all local, state, and any other jurisdictional statues regarding the use of mobile communication/entertainment devices when driving. 6. "Operating" a motor vehicle includes driving and when temporarily stopped due to traffic or control devices. Violation of this policy will subject the driver to discipline up to and including termination of employment or contract. It is important to also understand that FMCSR 392.80 prohibits texting while driving and 392.82 prohibits the use of a hand-held mobile telephone while driving a CMV. Steep fines may result if you are found in violation of this law. You are a professional commercial motor vehicle driver and as such you must constantly focus on defensive driving and the safety of yourself, your equipment, and the other motoring public. The change in this policy does not relieve you of the responsibility for practicing 100% Safe Driving behaviors and making decisions based on when hands-free talking on the phone might not be safe. 67 CONFIDENTIAL SWIFT-Julian.000201 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 68 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 73 of 181 CRITICAL EVENT RECORDING Swift Transportation CER Policy Swift Transportation strives to be the safest motor carrier on the road. Driver behavior has been linked, in many ways, to accident frequency and prediction. Our ultimate goal is to insure our drivers and the rest of the motoring public safely share the road. As a result, the Critical Event Recording (CER) system on Qualcomm was developed. The system measures hard braking events and stability control events and reports them to Swift. The ultimate goal is for drivers to have zero events. But, when an event occurs, the driver is required to call the Claims Intake Advisor and Add or use the InGauge App to provide information on the circumstances surrounding the CER. Drivers who fail to comply, within 24 hours, will be placed on a Safety hold. The driver is encouraged to call in or fill out in the InGuage App as soon as possible so he/she is able to recall the event details clearly. Drivers who have three or more events in a continuous 60-day window or any single dynamic event will be subject to a full safety review. The Driver Safety Performance Auditors will include, but is not limited to, the following areas in the review. * Current and past CER Events * Road Reports * Citations * Accident History * VCRO History * Logs * Any other safety or performance records Based on the findings from the review the following actions may be required and taken to address the deficiency. * Safety Notice SECTION 2 * Remedial Safety Training * Termination The ultimate goal is to address unsafe behaviors before they result in an accident or injury. SEASONAL MIGRATIONS Each year, twice a year, we see a spike in the number of deer and elk related crashes. The first period occurs during May and June of each year. The second, and the one with twice as many occurrences as the first period, is during October and November of each year. It is important to be familiar with these two periods and understand what you should do during these seasonal migration periods. 1) During these periods watch for deer & elk warning signs. When driving in these areas, scan the edges of the roadway and fence lines, especially around dawn and dusk. If you spot them earlier you can take action sooner, like slowing down or using your air horn. 2) If deer or elk are in the roadway or suddenly jump into the roadway NEVER SWERVE! This can cause you to lose control of your truck and have a much more serious crash. Instead, apply the brakes as needed and use your horn to scare them out of the roadway. Again, NEVER SWERVE! BACKING Before beginning any backing maneuver the driver must Get Out and Look (GOAL) as well as honk their horn (city horn) and then must honk the horn intermittently (every few seconds) during the process of backing. This rule must be adhered to in all backing situations; whether on Swift property, customer property, truck stops, rest areas, or anywhere it is necessary for the driver to back. Obviously, whenever possible, the first preference would be for the driver to pick a parking position that does not require backing, such as pulling through a space, however in this industry backing to docks and under trailers is an everyday occurrence. It is our desire, with this new procedure, to enhance the awareness of the driver at the controls of the truck as well as anyone who might be in the immediate area during the backing maneuver. 68 CONFIDENTIAL SWIFT-Julian.000202 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 69 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 74 of 181 RIGHT TURNS • Anticipate the turn. • Check behind. • Get safely into the proper lane in advance of the turn. • Use your turn signal and slow down. • Keep the rear of the vehicle close enough to the right curb to keep other vehicles out. • Check your right mirror to make sure there are no small vehicles in the way. When clear, turn the wheel. • Make your turn at no more than 3 mph. • Make your turn without crossing the center line of the street you are leaving and, if possible, not into the opposing traffic lanes of the road you are entering. Note: Remember, when making a left turn from a one way onto another street or from a one lane left turn lane, this same procedure must be followed for the left turn. LEFT TURNS • Anticipate the turn. • Check behind. • Get in the lane next to the center line well ahead of turning. • Use your turn signal before the turn and slow down. • Keep your wheels pointed straight. • Let oncoming traffic clear and yield to pedestrians. SECTION 2 • Turn into the lane next to the center line. • Keep to the right of and close to the center line of the road just entered. Don’t let your wheels pass over the center line. • After the turn, check behind you to make sure the right lane is clear. • Signal you will be moving right. • Move to the right lane. SAFE FOLLOWING DISTANCE It is the responsibility of the driver to always maintain a safe following distance between his/her vehicle and the vehicle in front of them. As a rule you should use: * 6 second following distance for speeds below 40 MPH * 8 seconds following distance for speeds above 40 MPH Always add one second for each adverse condition like traffic, rain, snow, etc. Add one second for every two hours of driving time. ALWAYS practice maintaining safe following distance. * It will increase your forward field of vision, giving you greater visibility. * It will increase your available time and space to respond to changes in traffic and hazardous situations. * It will prevent having to make sudden stops and swerving maneuvers. * It will prevent a potentially catastrophic rear-end crash. Safe following distance will help you and those around you make it to your Most Important Stop. 69 CONFIDENTIAL SWIFT-Julian.000203 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 70 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 75 of 181 SAFE PASSING If you have determined that you may pass legally and it is necessary, there are some basic maneuvers you should perform in a safe pass. 1) Maintain a proper following distance. • One second for every 10 feet of vehicle length in ideal conditions. • Look ahead for oncoming traffic. • Look behind, then check your mirrors. • Signal left to alert traffic that you are about to pull into the passing lane. • Turn your head 90 degrees to the left and check your blind spot. • Tap horn to warn other Driver. 2) Start to pass. • Increase speed to the posted limit. • Move left completely into the passing lane. • Check the front tires of the vehicle you are passing to make sure they are stable in their lane. • Signal right. • Check right. using the right side mirror to make sure you don’t cut back in too soon and to make sure the Driver you are passing doesn’t accelerate to prevent you from completing the pass. 3) Complete the pass. • Move right when the mirror shows clear pavement in front of the vehicle you have passed. • Cancel the signal. • Maintain proper speed. Do not slow down. • When being passed. • Never flash your lights or signal the driver passing you to indicate they can move over. You may want to slow down to widen the gap to help the other vehicle merge in safely but never flash your lights. SECTION 2 HAZARDOUS MATERIALS Swift drivers are to call the Swift Hazmat Hotline at 1-800-842-6005 option 2. Always call from the pick up location on each and every hazmat load. All Swift drivers are required to carry the Federal Motor Carrier Safety Regulations, The Hazardous Materials Compliance Pocketbook, and the Emergency Response Guidebook (ERG) in their trucks at all times. The regulations governing the transportation of hazardous materials are extremely complicated, however they must be followed. Here are some tips that can help you stay in compliance with these regulations.(Note: All hazmat loads must be locked) Swift is authorized to haul these types of Hazardous Materials. • Explosives 1.4 • Very Insensitive Explosives: Blasting Agents 1.5 • Extremely Insensitive Detonating Substances 1.6 • Flammable gas 2.1 • Non-Flammable Compressed Gas 2.2 • Flammable and Combustible Liquid 3 • Flammable Solid 4.1 70 CONFIDENTIAL SWIFT-Julian.000204 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 71 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 76 of 181 • Oxidizer 5.1 • Organic Peroxide 5.2 • Poison 6.1 • Corrosive Material 8 • Miscellaneous Hazardous Material 9 • Other Regulated Material ORM-D Hazmat Endorsement – Any driver who transports materials classified as "Hazardous" by the federal government must have a Hazardous Materials Endorsement on their CDL. Shipper Responsibility – The shipper is responsible for providing accurate paperwork and proper placards if needed for any Hazmat shipment. They are required to do this, however; they do not always do it correctly. Driver Responsibility – The driver is responsible for ensuring the placards are the correct placards as well as placing them correctly on the trailer. The driver should check all of the UN numbers listed on the Bill of Lading against the hazardous materials table in the Hazardous Materials Compliance Handbook to make sure the placards are correct. If the load is not preloaded and sealed the driver must ensure the load is properly secured (blocked, tied down, stacked, wrapped, etc.) Fines levied against Swift for failure to have correct placards will be charged back to the driver. (ERG) Emergency Response Guide Book Bills of Lading – The Bills of Lading must be within easy reach of the driver at all times when the driver is sitting in the driver seat. When the driver exits the vehicle the papers must be placed in the driver side door pouch or on the driver’s seat. No exceptions. Parking – A vehicle containing hazardous materials other than Class A or B explosives must not be parked on or within five feet of the traveling portion of a public street or highway except for brief periods when the SECTION 2 necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. Dropping a Hazmat Load – Hazmat loads can only be dropped at Company approved "Safe Havens," or Company terminals. En-Route Inspections – In addition to your Pre-Trip Inspection, inspections must be done when load is first picked up and each and every time the vehicle is parked, which must be logged in your log book, Inspections of Hazmat Loads are to be accomplished at the beginning of the trip and every time the driver stops. These inspections must be documented in your log book. Driver must inspect the cargo security, oil, water, brakes and tires. Any tire found to be flat, leaking, or improperly inflated must be repaired. The vehicle may be driven to the nearest safe place to perform the required repair. Routes – All states and some local governments have their own Hazardous Material routing regulations. All drivers must follow the posted Hazmat routes. Most states have a phone number listed in the atlas that can answer Hazmat routing questions. State DOT or Highway Patrol offices can also assist in answering questions about routing. Fires – Vehicles loaded with hazardous materials must not be operated near an open flame unless the driver has first determined that it is safe to do so. A vehicle containing hazardous materials must not be parked within 300 feet of an open fire. Smoking – No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of a vehicle containing hazardous materials. Fueling – When fueling a vehicle with a Hazmat load, the engine must be turned off and a person must be in control of the process at the point where the fuel tank is filled. Citations and Inspections – any DOT inspection or citation given to a driver while hauling a Hazmat load must be turned in to the Safety Department immediately. It must also be entered in your log book. 71 CONFIDENTIAL SWIFT-Julian.000205 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 72 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 77 of 181 If in doubt – Any time you have a question about a Hazmat load do not move it until you have asked your Driver Leader or Safety Department for help. HAZARDOUS MATERIALS EMERGENCY RESPONSE • In case of emergency follow these rules: • Do not touch, walk on or breathe the hazardous material. • Keep unauthorized people away, if you can safely do so. • Set up warning devices on the highway. • Keep open flames away. • Stay upwind of the spill. • Notify local authorities. • Prevent leaking liquid from draining onto ground. Contain the liquid in one spot. Keep it from all sewers or streams or contact with anything other than concrete. • Give all paperwork from the shipment to authorities when they arrive on the scene. • Advise Swift Claims Department of the emergency by using Macro 52. Call 1-800-467-2793 and press Option 1. • Anytime you open a trailer door and discover a suspicious odor or substance, contact the Safety Department for instructions on handling the material or entering the trailer. • Do not use a fire extinguisher on a Hazmat fire FUEL SPILLS All fuel spills must be reported to Swift’s Claims Dept. immediately and driver must complete and send Macro 52. Try to stop the leak. If you cannot stop the leak, move the vehicle onto the pavement and contain the leak in as small of area as possible. Do not allow the fuel to drain into sewers, drainage ditches or any non-paved ground. Fuel spills are extremely expensive to clean up, watch your clearances. SECTION 2 WEIGH YOUR LOADS Upon being assigned to a truck, the driver should load the truck with normal gear used for travelling and weigh the unit without a trailer. Note the fuel level and keep this figure for your records. When figuring fuel weight, use seven pounds per gallon as a fuel weight guideline. Do not trust the weight listed on Bills of Lading as they are often incorrect. Swift reimburses Company Drivers for scale tickets so weigh every load. Drivers who receive citations for being overweight and do not have a legal scale ticket, will be responsible for paying these fines. In some cases, overweight citations are issued directly to Swift rather than the driver. Swift assumes responsibility for the initial payment of these citations, issued directly to the company, this ensures that the citations are paid in a timely manner and Swift’s operations are not disrupted. Swift will then charge the driver, if it is found, that the driver is in fact responsible for the violation resulting in these fines. HOW TO SCALE 1) Always obtain a certified scale receipt if possible before leaving loading area. If no one knows of any scales, call a local moving or storage company. 2) Pull onto the scale and weigh each axle. 3) Get three (3) weights. 4) Add them: 1 + 2 + 3. 5) If over 80,000 lbs.: STOP! Your vehicle is overweight. 6) Compare each weight to allowable limits (A, B, and C). Note: These may vary from state to state. See your road atlas, state directory for details. 7) Determine axle(s) over or under. 8) Follow the chart to shift the weight from too heavy axle to those with leeway. 9) After each shift, reweigh. If you can’t shift enough weight this way, moving the freight by hand may be the only option. 10) Don’t drive until legal! Call your Driver Leader if you need help. Be prepared to tell them each axle weight and what you have done so far. 72 CONFIDENTIAL SWIFT-Julian.000206 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 73 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 78 of 181 SECTION 2 EACH NOTCH ON THE 5TH WHEEL MOVES ABOUT 500 POUNDS EACH NOTCH ON THE TRAILER TANDEMS MOVES ABOUT 250‐300 POUNDS 73 CONFIDENTIAL SWIFT-Julian.000207 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 74 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 79 of 181 THE MAIN POINTS TO REMEMBER ARE: 1) Sliding the fifth wheel will transfer weight only between the steer axle and drive tandems. Sliding the fifth wheel will not transfer weight between the trailer tandems and the drive tandems. Moving the fifth wheel forward transfers weight from the drive tandems to the steer axle, while moving the fifth wheel back transfers weight from the steer axle to the drive tandems. 2) Sliding the trailer tandems transfers weight between the trailer tandems and the drive tandems. Sliding the trailer tandems forward takes weight off the drive tandems and transfers it to the trailer tandems, while sliding the trailer tandems back takes weight off the trailer tandems and transfers it to the drive tandems. 3) After scaling your load, determine if you are over gross weight before attempting any tandem or fifth wheel adjustments. 4) Determine where the problem is and which axles are overweight. 5) Determine how much "problem" you have. How much overweight is each axle? 6) Determine what tandem and/or fifth wheel adjustments need to be made to legalize the load. Start with the steering axle and work your way back. If you cannot balance a load this way, the only option is to physically move the freight toward the front or rear of the trailer. Maximum allowable weight is 80,000 pounds. Maximum by axles: Single trailer Doubles *Steer Axle 12,000 Steeraxle 12,000 Drive Axle 34,000 Drive Axle 34,000 Combination Trailer tandems 34,000 First Trailer 20,000 cannot exceed Dolly axle 20,000 80,000 pounds. Second Trailer 20,000 SECTION 2 The interior of the 53’ trailers has a large black line at the 48’ mark on the inside of the trailer. When you are loading a heavy load, over 36,000 lbs., do not load to the rear of this mark. * Many states allow more than 12,000 lbs. on a single axle such as steers or single axle trailers. Refer to state guidelines for more information. 74 CONFIDENTIAL SWIFT-Julian.000208 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 75 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 80 of 181 KINGPIN SETTING STATE ABBREVIATION HEIGHT LENGTH KINPIN SETTINGS DIAGRAM ALABAMA AL 13’6" 57’ 41’ 1 ALBERTA AB 13’6" 53’2" 41’-ARIZONA AZ 14’ 57'6"/INTERSTATE ONLY NONE-ARKANSAS AR 14’ w/Permit 59’6"' w/Permit NONE-BRITISH COLUMBIA BC 13’6" 53’2" 41’-CALIFORNIA CA 14’ 53’ 40’ 1 COLORADO CO 14’ 57’ NONE-CONNECTICUT CT 13’6" 53’ 42’8" 1 DELAWARE DE 13’6" 53’ 41’-FLORIDA FL 13’6" 57' w/Permit 41’ 2 GEORGIA GA 13’6" 57' w/Permit NONE-IDAHO ID 14’ 57' w/Permit NONE-ILLINOIS IL 13’6" 53’ 45'6" 1 INDIANA IN 13’6" 53’ 43' 1 IOWA IA 13’6" 53’ NONE-KANSAS KS 14’ 57' NONE-KENTUCKY KY 13’6" 53’ NONE-LOUISIANA LA 14’ w/Permit 57' NONE-MAINE ME 13’6" 53’ 43’ 1 MANITOBA MB 13’6" 53’2" 41’-MARYLAND MD 13’6" 53’ 41’ 1 MASSACHUSETTS MA 13’6" 53’ NONE-MICHIGAN MI 13’6" 53’ 41' 2 MINNESOTA MN 13’6" 53’ 43’ 2 MISSISSIPPI MS 13’6" 57' w/Permit NONE-MISSOURI MO 13’6" 53’ NONE-MONTANA MT 14’ 53’ NONE-NEBRASKA NE 14’ 53’ NONE-NEVADA NV 14’ 53’ NONE-NEW BRUNSWICK NB 13’6" 53’2" 41’-SECTION 2 NEW HAMPSHIRE NH 13’6" 53’ 41’ 2 NEW JERSEY NJ 13’6" 53’ 41’ 2 NEW MEXICO NM 14’ 57'/INTERSTATE ONLY NONE-NEW YORK NY 13’6" 53’ 43' 2 NORTH CAROLINA NC 13’6" 53’ 41’ 1 NORTH DAKOTA ND 14’ 53’ NONE-OHIO OH 13’6" 53’ 41’-OKLAHOMA OK 14’ w/Permit 59’6" NONE-ONTARIO ON 13’6" 53’2" 41’-OREGON OR 14’ 53’ NONE-PENNSYLVANIA PA 13’6" 53’ 41’ 2 QUEBEC QB 13’6" 53’2" 41’-RHODE ISLAND RI 13’6" 53’ INTERSTATE ONLY 41’ 1 SASKATCHEWAN SK 13’6" 53’2" 41’-SOUTH CAROLINA SC 13’6" 53’ 41’ 2 SOUTH DAKOTA SD 14’ 53’ NONE-TENNESSEE TN 13’6" 53’ 41’ 2 TEXAS TX 14’ 57' NONE-UTAH UT 14’ 57' w/Permit NONE-VERMONT VT 13’6" 53’ 41’ 1 VIRGINIA VA 13’6" 53’ 41’ 2 WASHINGTON WA 14’ 53’ NONE-WASHINGTON DC DC 13’6" 53’ 41’-WEST VIRGINIA WV 13’6" 53’ 41’-WISCONSIN WI 13’6" 53’ 43’ 1 WYOMING WY 14’ 53’ NONE-T H 75 CONFIDENTIAL SWIFT-Julian.000209 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 76 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 81 of 181 CRASH/CARGO CLAIMS The following policy covers the definition of a crash and cargo claim, the consequences, and the responsibilities of the driver. CRASH: A driver shall be considered to have been involved in a crash if any motor vehicle he/she is driving or of which he/she is in charge, shall have an occurrence with any person, animal, and vehicle or inanimate object in a manner which results in death, injury or property damage. Any such occurrence shall be considered a "CRASH" regardless of who was killed or injured, what property was damaged and to what extent, where the "CRASH" occurred, whether on a public thoroughfare or on private property. MAJOR CRASH: Any vehicle operating under Swift Authority that is involved in an crash which results in death or results in $5,000.00 or more damages. PREVENTABLE CRASH: Every crash in which a driver is involved shall be considered undetermined until it is established by investigation and review that there was no action which a driver could have reasonably taken to avoid the crash and that his/her action in no way contributed to the occurrence of the crash. DOT REPORTABLE CRASH: Any occurrence with results in a fatality; bodily injury to a person who, as a result on the injury, immediately received medical treatment away from the scene; or One or more motor vehicles incurring disabling as a result of the crash, requiring the vehicles to be transported from the scene by a tow truck or other motor vehicle. DRIVER REVIEW PROCESS: Any Driver involved in one of the following occurrences will have his/her performance file reviewed by the Safety Department. • A "crash"; • A negative Incident Report or a Road Report; • A documented violation of Company Safety Policy; SECTION 2 • Evidence of Hours of Service violations and/or Logbook falsification. Preventable crashes and incidents do not just happen. They are frequently the direct result of an error in judgment by the driver. Reviewing the driver’s performance file following an incident or accident helps the Company identify drivers who can benefit by additional training or other remedial actions. Not only are driving techniques addressed, but also driver attitudes toward compliance with rules, regulations, policies and safety protocols. Following review of the Driver’s performance file, the driver may be assigned remedial classes or further training. This may include various Defensive Driving classes, in-truck training with a certified mentor, simulator training, log and time management classes or other procedures to help the driver prevent future occurrences. The driver may also be placed on a probationary work period of up to one year, or placed on suspension pending further investigation of any serious incident/crash. Drivers who continue to be involved in incidents and crashes following prescribed remedial actions will be subject to discharge. TIER ONE CRASHES Swift Transportation has designated these crash types as being egregious and are weighed heavily during the driver review process. These crashes are historically the most likely to cause injury or death and the most costly for Swift. These crashes are almost always preventable due to the basic safety protocols involved in driving. • Lane-change crashes. Most are caused by inattention, the Driver failing to properly use his/her mirrors, and aggressive lance changes to avoid a rear-end crash. • U-Turn crashes. A U-turn is a willful decision made by the Driver. U-turns are rarely necessary. U-turns should only be made when absolutely necessary, safe and legal to do so. • Ran off road crashes. These are usually the result of speed that is inappropriate for the conditions or distracted driving and/or driver fatigue. • Jackknife crashes. Caused by speed that is inappropriate for road conditions and/or fatigue. • Head on crashes. Caused by speed that is inappropriate for road conditions, distracted driving and/or fatigue or improperly passing another vehicle when it is not safe to do so. 76 CONFIDENTIAL SWIFT-Julian.000210 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 77 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 82 of 181 In addition, if you are involved in one of the two most severe tier one crashes, preventable rear-ended other or overturn crash, your employment or your contract may be immediately terminated. • Rear-ended other crashes. Caused by following too closely and/or speed that is inappropriate for the conditions. It should also be noted "following too closely" is designated by the Federal Motor Carrier Safety Administration as a "serious traffic violation." • Overturns. Caused by speed that is inappropriate for road conditions and/or fatigue. If a crash occurs the driver must: 1. Notify the Claims Department immediately, from the scene, and follow their instructions. 2. Take photos of the crash or incident to include a photo of the truck number. 3. DO NOT discuss the crash with anyone other than Company personnel. 4. DO NOT admit guilt or liability to anyone. 5. DO NOT sign any kind of statement of guilt. 6. Cooperate with Safety, Federal, State, and local authorities. BREAKDOWNS AND EMERGENCY STOPS • Pull over as far off the road as possible. • Immediately activate warning flashers. • Contact dispatch to report your situation. • Remain on duty during breakdown or emergency stop. • Put on the reflective vest and have your flashlight ready BEFORE exiting the cab, if you have them. • When it is necessary to exit the cab always exit on the non-traffic side. • Place reflectors within 10 minutes of stopping. • Access the reflectors from inside the cab. OTR trucks, from under the bunk. • Caution: Always watch for, and avoid oncoming traffic. When putting out the triangles, hold them SECTION 2 between yourself and the oncoming traffic lane for your own safety, and so other drivers can see you. • When outside the cab, continually monitor traffic always. Stay away from the flow of traffic. • Return to the cab as quickly as possible, stay in the cab until assistance arrives. • If assisting in repairs continue to monitor traffic and be aware of potential hazards and be a look out for person(s) performing service and alert if needed. • If repairs are being made to your unit, either stay in the cab and do not touch anything unless directed to do so by the mechanic or stand in a safe place away from the unit. • If staying in the cab or standing outside away from the unit is not possible or if the weather is cold/bad ask the service provider or tow truck operator if you can sit in their vehicle. PLACING WARNING DEVICES On one way or divided highways: • One device no more than 10 feet from the rear of the truck. • One device 100 feet (40 paces) and one 200 feet (80 paces) from the truck toward approaching traffic. • Place them in the center of the lane or on the shoulder where the truck is stopped. 77 CONFIDENTIAL SWIFT-Julian.000211 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 78 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 83 of 181 On a two lane highway: • One device on the traffic side within 10 feet (4 paces) of the rear of the truck. • One device about 100 feet (40 paces) from the truck in the center of the traffic lane or shoulder where the truck is stopped. • One device 100 feet from the truck in the other direction. On obstructed view roadways: • If line of sight is obstructed due to hill or curve, move the rear-most triangle to a point back down the road so warning is provided. • In business or residential districts, use emergency devices when there is not enough light to give oncoming Drivers a view of your truck from 500 feet SECTION 2 away. 78 CONFIDENTIAL SWIFT-Julian.000212 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 79 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 84 of 181 VEHICLE ACCIDENT REPORT Complete all of the vehicle and injury info on the inside of accident report. BE ACCURATE!!! Give detailed description of what happened. BE ACCURATE!!! SECTION 2 Draw diagram of the accident. BE ACCURATE!!! Give responding authorities info. BE ACCURATE!!! 79 CONFIDENTIAL SWIFT-Julian.000213 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 80 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 85 of 181 WITNESS INFORMATION Complete witness cards. Your packet should include at least 3. BE ACCURATE!!! EXONERATION CARD Complete exoneration card. This can be used in claim denial for improper SECTION 2 claims filed against Swift. Use when assisting at the scene of an accident we were not involved in, yet we witnessed or rendered aid at. Claims Department CONTACTS Use business card enclosed in crash kit for contact name and address at Swift. P.O. Box 29243, Phoenix, AZ 85038-9243 602-269-9700 800-467-2793 Fax 623-907-7342 80 CONFIDENTIAL SWIFT-Julian.000214 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 81 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 86 of 181 CRASH PHOTOS ALWAYS TAKE PHOTOS IF POSSIBLE. 1) INCLUDE PHOTOS OF DAMAGED VEHICLES INCLUDING LICENSE PLATES. 2) GET PHOTOS OF PEOPLE INVOLVED IN THE CRASH. 3) GET PHOTOS OF SIGNS OR LANDMARKS THAT CAN IDENTIFY THE LOCATION OF THE CRASH. 4) GET PHOTOS OF SKID MARKS, POLICE AND SERVICE VEHICLES, AND YOUR TRUCK NUMBER. 5) BE SURE TO PHOTOGRAPH SEVERAL DIFFERENT ANGLES OF THE CRASH. 6) TAKE DETAILED PHOTOS OF YOUR TRUCK DAMAGE TO INCLUDE AT LEAST ONE PICTURE OF YOUR TRUCK NUMBER. ***YES, TAKE PHOTOS EVEN WHEN THERE IS NO DAMAGE*** • THE CAMERA IS NOT FOR PERSONAL USE. • IF YOU HAVE A CRASH AT NIGHT, MAKE SURE YOU USE A CAMERA WITH A FLASH. BUY ONE IF NEEDED, SWIFT WILL REIMBURSE YOU. • FILL OUT THE INFORMATION ON THE BOTTOM OF THE CAMERA AND BE SURE YOU INCLUDE A PICTURE WITH YOUR TRUCK NUMBER ON IT. CITATIONS Transportation industry research and analysis has shown that traffic violations may be pre-indicators of crash risk. Swift Transportation engages in proactive measures to minimize these risks, by identifying SECTION 2 drivers with patterns of violations, and providing necessary counsel and training for the driver. Not all traffic and/or driving violations result in a citation involving a monetary sanction or fine imposed on the driver. However, for risk management purposes, Swift Transportation administers remedial measures for all violations, whether accompanied by a citation and a monetary sanction, or documentation and/or warning without a citation. Swift Transportation Policy requires drivers to report all citations to the Company within 24 hours. Do not wait until court dates. See section below, CITATIONS/INSPECTION REPORTS for procedures. Federal Motor Carrier Safety Regulations (FMCSR §383.3) require each Driver operating a Commercial Motor Vehicle to notify both their employer and the state of jurisdiction issuing his/her Commercial Driver’s License of all convictions of traffic violations other than parking violations. This applies to both Company Drivers and Owner Operators. The notification must be made within 30 days. The notification must be made in writing. Send to: Swift Transportation Attention: Citations P.O. Box 29243 Phoenix, AZ 85038-9243 The notification must include: (1) Driver’s full name; (2) Driver’s license number; (3) Date of conviction; (4) The specific criminal or other offense(s), serious traffic violation(s) and other violation(s) of state or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation or cancellation of certain driving privileges which resulted from the conviction(s); 81 CONFIDENTIAL SWIFT-Julian.000215 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 82 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 87 of 181 (5) Indication whether the violation was in a commercial motor vehicle; (6) Location of the offense; and (7) Driver’s signature DAMAGED EQUIPMENT If a tractor or trailer that you are going to use has been previously damaged, contact the ACT (Advanced Contact Team) before moving the equipment. The ACT manages all onroad breakdown calls, as well as intake for all damage and injury claims. The ACT provides "round-the-clock" service, and can be reached by telephone at 800-467-2793. If personnel are handling emergency or high priority situations, be patient. THIS CONTACT IS FOR YOUR PROTECTION. If you do not report previously damaged equipment prior to moving it, you may be charged for the damage. TRACTOR ASSIGNMENT After you are assigned a truck it should be inspected and inventoried before you move it. The same process should be followed when you are returning a truck or swapping out trucks. You must fill out Tractor Equipment Check in/Out Sheet. Fill out the sheet completely, listing and diagramming all damage no matter how small. In addition to damage, list any equipment that is missing, or out of place. Anything that you do not want to be held responsible for must be listed on this form. A copy of this form should be sent to your Driver Leader. You should keep a copy of this form for each tractor you are assigned to as long as employed by Swift. If damages are noted on the Tractor Equipment check in/out sheet, contact the ACT as mentioned above. Obtain a claim number for the ACT representative and mark it on the sheet or a journal for future reference. This is especially critical in the event you do not have a Tractor Equipment check in/out sheet. SECTION 2 SEAT BELTS Section 392.16 of the D.O.T. Federal Motor Carrier Safety Regulations states as follows: "A COMMERCIAL MOTOR VEHICLE WHICH HAS A SEAT BELT ASSEMBLY INSTALLED AT THE DRIVER’S SEAT SHALL NOT BE DRIVEN UNLESS THE DRIVER HAS PROPERLY RESTRAINED HIMSELF OR HERSELF WITH THE SEAT BELT ASSEMBLY" It is Company policy for all Drivers and passengers to wear seat belts while driving, or riding. Sleeper safety belts are required to be used while vehicle is moving. WORK RELATED INJURIES Steps to follow if you are injured on the job: • Call the Work Injury Department at 800-467-2793 immediately. The phones are monitored 24 hours a day, seven days a week. This call opens the claim so our insurance company may arrange to initiate any treatment needed. • If the injury is a non-emergency, you may be referred to a medical center for medical attention as needed. • If the injury is an emergency situation, seek medical assistance first, then call the Work Injury as soon as you can safely do so. • The Work Injury will assist you with the Insurance carrier that will handle your claim and will direct any additional actions needed by you or Swift. TEAMS Any time there is more than one person in the truck, the person not driving MUST be buckled in the 2nd seat or sleeping in the bottom bunk. The top bunk is NEVER to be used when the truck is in motion! 82 CONFIDENTIAL SWIFT-Julian.000216 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:45 AM Page 83 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 88 of 181 PROHIBITION OF SPINNER KNOBS AND/OR SUICIDE KNOBS The use of steering accessories commonly known as spinner knobs and suicide knobs have been identified by Swift as hazards which pose a risk to the safe operation of a commercial highway vehicle and the safety of the driver. Thus, Swift prohibits the installation and use of these devises on commercial vehicles being operated in the Swift fleet. Drivers of vehicles with spinner knobs must remove or have them removed immediately. Failure to comply with the spinner knob policy may result in disciplinary action up to and include the termination of employment or contract. Although these devices may be beneficial while used on equipment in spotting operations and on forklifts, they have no significant use on a commercial highway vehicle. Spinner knobs mounted on a steering wheel, spinning out of control from the loss of power steering due to mechanical failure and/or the steering tire striking a fixed object, has broken fingers, hands and arms. Spinner knobs are also obstructions when trying to bring a vehicle under control in panic situations. Exception: The spinner knob may be used when making an accommodation in accordance with the ADA requirements. WHAT IS DRIVECAM? DriveCam consists of an inward and outward facing video event recorder that can provide information in the event of an accident and can also help correct unsafe driving behaviors. Studies show that about 80% of the collisions that occur are actually the result of unsafe actions by other motorists, NOT the professional truck driver. The DriveCam device is controlled by your driving behaviors. Swift cannot watch you in real-time and this program is not intended to monitor everything you do in the cab. This technology will only capture a 20 second video (10 seconds before and 10 seconds after the event) if an event occurs. Events that will trigger the recording are triggered by the truck or by a manual trigger triggered by the Driver (please see SECTION 2 the "Manual Triggering Guidelines" section of the DriveCam policy for more details). For a full list of FAQs, please see the DriveCam Program tab on the Driver Portal. To see what the lights on the video event recorder mean, refer to the Light Card in your truck’s permit book (you should receive this card at the time the DriveCam device is installed in your truck). Before you receive the DriveCam device, you should take the "DriveCam Orientation Video" Training Course on Swift University. You will also receive more information when the device is installed in your truck. DRIVECAM POLICY Once your truck is equipped with the DriveCam device, you shall not: – Tamper with the device in any way including unplugging or ripping it out of the truck. Please see the "USE OF EQUIPMENT" policy found in Section 1; page 40 of the Driver Handbook. – Cover the event recorder while your truck is in motion. When you are stopped and off-duty, should you need extra privacy, you may cover the inward facing event recorder only with a soft item like a t-shirt, hat or sheet. Please make sure to uncover before the truck is in motion again. You should never cover the outward facing event recorder to assure that video can be captured in the event that your truck gets hit while parked. Violations will result in disciplinary action up to, and including, termination. Event videos are accessible through the DriveCam Program tab on the Driver Portal and through your Driver Leader who will discuss any coachable events with you. NOTE: Not all events are coachable events, but all event videos that are tied to you will be viewable on the DriveCam portal. Drivers will access their videos through the Driver Portal on a Kiosk or computer. Videos cannot be downloaded by the Driver. Only the Claims Department has the ability to download videos that are tied to a crash. 83 CONFIDENTIAL SWIFT-Julian.000217 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 84 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 89 of 181 It is expected that you will take the information learned through the event videos and coaching sessions and correct any unsafe driving behaviors. The DriveCam program is intended to improve overall Driver safety and for all Drivers to learn and practice safe driving. DriveCam is a coaching tool, however discipline and accountability may be issued, should you continue to practice unsafe driving behaviors. Please see the corrective action process outlined further in the policy. All current policies in place surrounding safety still apply. DRIVECAM CORRECTIVE ACTION PROCESS Below are some unsafe observed behaviors that will result in disciplinary action. If multiple behaviors are observed in one situation, the level of diciplinary action will be determined by the most egregious behavior. Coached Behaviors Rolling 12 Months – 1st offense 2nd offense 3rd offense Based on a rolling 12 month cycle Aggressive 2nd Warning 3rd/Final Warning Terminate Aggressive – Level 2 2nd Warning 3rd/Final Warning Terminate Cell Phone – Handheld 3rd/Final Warning Terminate Cell Handheld – Observed 3rd/Final Warning Terminate Cell Handheld – Distraction 3rd/Final Warning Terminate Cell HandFree – Distracted 2nd Warning 3rd/Final Warning Terminate Drowsy 3rd/Final Warning Terminate Electronic Device – Distraction 2nd Warning 3rd/Final Warning Terminate SECTION 2 Falling Asleep 3rd/Final Warning Terminate Following too Close 2nd Warning 3rd/Final Warning Terminate Other Communication Device Distraction 3rd/Final Warning Terminate Reckless Driving 2nd Warning 3rd/Final Warning Terminate Red Light 3rd/Final Warning Terminate Rolling Stop 2nd Warning 3rd/Final Warning Terminate Speeding 2nd Warning 3rd/Final Warning Terminate Stop Sign 3rd/Final Warning Terminate Too Fast for Conditions 2nd Warning 3rd/Final Warning Terminate Unsafe Lane Change 2nd Warning 3rd/Final Warning Terminate U-Turn 2nd Warning 3rd/Final Warning Terminate Unusual Event – this is coded when drugs, alcohol, or firearms are observed Refer to DERS 84 CONFIDENTIAL SWIFT-Julian.000218 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 85 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 90 of 181 DRIVECAM SELF-COACHING Driver Leader’s goals will be to monitor and ensure 100% completion. Driver Leaders will also monitor the behaviors that keep occurring. It will be the Driver Leaders responsibility to have a documented conversation with the driver and to utilize Swift’s formal disciplinary process. SELF COACH Driver Unbelted (Roadway) Driver Unbelted (Residential Roadway) Driver Unbelted (Off Identifiable Roadway) ER Obstruction/Abuse Failed to Keep an Out Food/Drink (Risky) Passenger (Risky) Not Looking Far Ahead Blank Stare Not Scanning Roadway Not Scanning Intersection Mirrors Not Checked Judgment Error SECTION 2 MANUAL TRIGGERING THE DRIVECAM DEVICE The DriveCam device allows you to manually trigger an event should you see something you feel is important for Swift Operations to see including but not limited to: • A crash that may not have otherwise been triggered due to low force or low speed. • An incident where the other party in a collision is attempting to leave the scene. • A 3rd party crash or criminal act. • A service issue such as a locked entry gate which prevents the Driver from delivering or picking up a load. • A security or safety concern such as another motorist threatening the driver. • Misconduct by others in the cab. Please do not trigger an event to stare at the camera, to curse at the camera or to show something "cool" happening around you as Swift is allotted a certain amount of manual triggers per month before an extra charge occurs. CONFIRMATION OF THE DRIVECAM POLICY By reviewing this policy, you acknowledge that you have received instruction regarding Swift’s use of the DriveCam Technology. You understand and consent to Swift’s use of DriveCam in any truck you may operate. Additionally, you understand that the DriveCam device is Swift’s property and you will be held liable for any damage caused to the device. You further understand that you are responsible at all times for the safe, legal, and appropriate methods of operation of any truck containing the DriveCam device. 85 CONFIDENTIAL SWIFT-Julian.000219 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 86 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 91 of 181 PERMIT CONTACT INFORMATION Permits & Citations Department Mailing Address: 2200 S. 75th Avenue, Phoenix, AZ 85043 ATTENTION: PERMITS (or CITATIONS) TOLL-FREE NUMBER: 800-557-1254 (Option 1-Permits, Option 2-Citations) FAX NUMBER: 623-907-7534 PERMITS PERMIT BOOK Every tractor is equipped with a Permit Book. The Permit Book contains several important documents necessary for the equipment and the driver to be legal on the road. Prior to each trip, it is important to become familiar with the contents of your Permit Book. It is the responsibility of the driver to ensure his/her equipment is correctly permitted for each trip. The three most important documents in the Permit Book are the: 1) IRP tractor registration, 2) IFTA Fuel License, and 3) Insurance Certificate. In addition, each Permit Book contains copies of fleet permits for transporting HazMat and alcohol in certain states, and for the Canadian authorities. PLEASE NOTE: Some permits are only valid for a particular tractor and/or a particular trip and therefore are not included in the Permit Book. These permits are highlighted in the permit book and instruct the driver to "CALL PERMITS." Before each trip, please review the permits required for each state through which you plan to travel. If you are missing a permit, or have a question, contact the Permits Department immediately. SECTION 2 Additionally, every Permit Book contains a "Supplement" booklet. Included in this supplement are copies of non-expiring fleet permits, maps, and helpful information about permit requirements in each state. If you have any questions about the supplement, please contact the Permits Department. Expiration dates for each permit may vary. To ensure your Permit Book remains current, you should have it updated every 30-60 days. The following terminals can assist you with periodic updates: Columbus, Edwardsville, Gary, Greer, Fontana, Phoenix and Memphis. If you are scheduled to travel through Phoenix, you are strongly encouraged to visit the Permits Department to have your Permit Book updated. OVERSIZED/OVERHEIGHT LOADS-VANS & FLATBEDS Always verify that you have the necessary permits prior to transporting an over-sized or over-height load. If you are transporting a 53’ trailer or a double, you may be required to obtain a permit, depending on the states through which you will be traveling. Although some permits may be purchased at the ports of entry, others must be ordered through the Permits Department and faxed to the driver at a nearby truck-stop or terminal. To expedite your request, please have the following information available prior to contacting the Permits Department: the planned route of travel through each state, the name of the shipper/consignee, the travel dates, and the dimensions of your equipment and/or load. If you have any questions regarding an over-sized or over-height load, please contact the Permits Department for assistance. CREDENTIALS Prior to every trip, it is important to verify that your equipment has the proper credentials. Every tractor is furnished with a state-issued license plate, and a corresponding registration. If the tractor is new, it may be operating under 45 or 90-day temporary registration. Every trailer and dolly is also equipped with a license plate and a registration (located in the registration box). As a reminder, all licenses and cab cards are received in Phoenix, and will be forwarded to your home terminal. 86 CONFIDENTIAL SWIFT-Julian.000220 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 87 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 92 of 181 In addition, please verify all necessary decals (i.e.,IFTA) are properly affixed to your equipment. If your equipment is missing credentials or if you have questions regarding credentials, immediately contact the Permits Department so replacements can be ordered. Traveling without proper credentials may result in a heavy fines and/or citations. IMPORTANT: If you are cited for any permit violation-including over-length, over-weight, or mechanical citations for any tractor-trailer combination, you will be responsible for paying the citation and any fines incurred. CITATIONS By following some simple guidelines, you can prevent misplaced, forgotten, or lost citations that could result in a warrant for you arrest for failure to appear in court. On the other hand it is important that Swift be contacted when a citation is issued. Down time due to the suspension of your CDL and additional fines could also occur. CITATIONS/INSPECTION REPORTS If you receive a citation or DOT Vehicle Inspection Report, please submit all Vehicle Inspection Reports to the Phoenix Permits Department-ATTENTION: CITATIONS. It is important to keep copies of these documents and submit originals to the Citations Department within 24 hours. Failure to do so could result in severe legal consequences, and may result in additional fines and/or suspension of your CDL. If you have questions regarding a citation or Vehicle Inspection Report, please contact the Citations Department at 800-557-1254 and follow the prompts to be transferred to a Citations Service Representative. SECTION 2 CANADIAN REQUIREMENTS When you are dispatched to Canada, it is important to be aware of the following requirements when traveling across the border. After your review of the guidelines, if you have any questions, please contact the Permits department for further instructions. AUTHORITY Swift holds operating authority in British Columbia, Manitoba, New Brunswick, Nova Scotia, Ontario, Quebec, and Saskatchewan. A copy of the authority must be carried in the vehicle at all times when traveling into or through Canada. This information is contained in the supplement included in your Permit Book. REGISTRATION The tractor must have a current original vehicle Registration (IRP) in the permit book. FUEL The tractor will need an IFTA decal on each side of the unit and a copy of the IFTA license in the permit book. I. BORDER CROSSING Verify with your Driver Leader or Customer Service Representative that you have been routed to the correct Port of Entry. You must verify the correct broker information before leaving customer pickup. PARS (PRE-ARRIVAL RELEASE SYSTEM) A PARS sticker can be obtained: * Enter Macro 19 (type PARS# ex., 2998 PARS xxxxxxxx) * Paperwork required Bill of Lading and Canada Customs Invoice. This must be picked up from the shipper. * One PARS sticker must be attached to BOL or invoice before the driver arrives at the border. A PARS sticker can be obtained at any terminal. 87 CONFIDENTIAL SWIFT-Julian.000221 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 88 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 93 of 181 * Multiple BOL’s require multiple PARS stickers. * Canada Customs Date Stamp is REQUIRED for each BOL/PARS sticker. Make sure you receive a stamp from the officer at the PORT of Entry. Do NOT clear customs without a stamp. ($1,000.00 fine) * If PARS "fails", driver must have a fully completed A8A/In bond or OPS 2018 Manifest to give the Canadian officer otherwise driver and load will be returned to U.S.A. CSA (CUSTOMS SELF ASSESSMENT PROGRAM) * Enter Macro 19 (type CSA) * Paperwork includes Bill of Lading & Canada Customs Invoice. * Verify Importer Bar Code. Current CSA customers include Schneider, Dupont, Chrysler, General Motors, Michelin and Ford. * Drivers present Customer FAST registration card and/or the lead sheet showing carrier’s bar code and importer’s business number. * No stamp required by Canada Customs. * Broker is not required for CSA loads. PARS are not required for CSA loads * Driver must be FAST certified. * Everyone in the conveyance must have a valid FAST/CDRP card if using the dedicated lane. * If any of the above does not apply, the shipment will be referred for complete risk assessment and IN-BOND/A8A/OPS 2018 * Driver completes the A8A manifest/OPS 2018 * Paperwork includes Bill of Lading and Canada Customs Invoice. * Broker will provide a pre-generated 7512 Form. This form must be signed by a Swift representative before the goods are moved. Swift signs for liability of the goods. * Enter Macro 19 at border crossing (type Bond # 2998 or the Acquittal Number). SECTION 2 * Driver presents A8A manifest to Canada Customs for review and allow movement to Inland Canada Customs Sufferance Warehouse. * The shipment is NOT RELEASED yet. The shipment stays under CBSA control until released at the bonded warehouse. No delivery to consignee is allowed until released inland. * To release inland bond, you must receive an Acquittal Number on OPS 2018 from Customs officer. * To release inland bond, you must also receive a date stamp. * Failure to obtain and properly release the bond will result in fines and penalties in excess of $10,000.00 per violation. Driver is responsible for paying all such fines. TRAVEL INTO THE US ACE (AUTOMATED COMMERCIAL ENVIRONMENT/ELECTRONIC MANIFEST) * Entry into the US requires the ACE coversheet. * CSR or Driver Leader will provide the shipment control number (SCN). Do Not use PAPS stickers. * Entry into the US requires an entry fee of $10.75 Contact Permit to order a U.S. Decal/Transponder to by-pass this fee * Failure to properly submit the ACE electronics manifest may result in fines in excess of $5,000.00 per violation. Driver is responsible for all fines and citations. DO NOT USE PAPS STICKERS ACE ELECTRONIC MANIFEST COVERSHEET TRIP NUMBER (SCAC+ UNIQUE TRIP#)-SWFTTX123456 DRIVER’S NAME-TOM JONES Truck License Plate-OK 2KK370 OPTIONAL DATA * Shipment Control Number (SCN)-SWFTX123456 * Shipment Description for each SCN-Rolls of paper 88 CONFIDENTIAL SWIFT-Julian.000222 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 89 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 94 of 181 II. DRIVER ELIGIBILITY FAST CARD APPLICATION Driver Approval Process 1. Complete FAST Application. Contact your Driver Leader, Permits or go to Swift’s Portal, Driver Portal or Kiosk & click on Operational info and Permits to print a copy of the application & instructions. 2. Attach 2 copies of Driver’s License and proof of citizenship i.e. birth certificate. 3. Return (inter-office) to Permits. Must include original signature of driver. Swift pays the application fee. TRAVEL INTO CANADA * Passport * FAST Card Canada uses Interpol for immigration clearance for individuals. You can go to www.bordercrossing.com or call 1-800-438-7020 if eligibility is questioned. NOTE: Firearms, knives, mace or pepper spray are prohibited from entering Canada. Regulations and policies regarding travel to and from Canada are subject to change with little or no notice. If you have any questions or concerns, contact the Licensing & Permits department. They can assist you to insure a legal crossing with minimum delay. To further assist you, a document containing up to date border crossing information can be obtained at any Swift Terminal in border crossing locations. These are: Syracuse, NY; Detroit, MI; Minneapolis, MN; Lewiston, ID; and Sumner, Wa. TRAVEL INTO U.S. SECTION 2 * U.S. Passport, U.S. Passport Card * FAST Card * Enhanced Driver’s License, Enhance Tribal Card * U.S. Military Identification Card (Must have photo, name, DOB and only valid with Military Travel Orders) * U.S. Merchant Mariner Document * Native American Tribal Photo * ID Card * Form I-872 American Indian Card If driver does not have one of the above documents, the driver may select one document from ID documents and one document from Citizenship documents below. Both must be presented: ID DOCUMENTS * Drivers License or ID card issued by Federal, State, County, Territory or Municipal Authority. * U.S. Military ID card (must have photo, name, DOB, and only valid with Military Travel Orders). CITIZENSHIP DOCUMENTS * U.S. Birth Certificate issued by Federal, State, County, Territory or Municipal Authority. * U.S. Consular Report of Birth Abroad. * U.S. Certification of Naturalization or Citizenship. * U.S. Citizen ID card. V. MISCELLANEOUS INFORMATION METRIC SYSTEM Most highways in Canada are two lanes and their system of weights and measures is metric. 89 CONFIDENTIAL SWIFT-Julian.000223 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 90 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 95 of 181 KINGPIN There is a difference between U.S.and Canadian kingpin regulations. In Canada, the overhang is measured from the rear bumper forward (not to exceed 35% overhang). Please ensure your equipment is in compliance. CURRENCY It is recommended that US currency be exchanged prior to entering Canada. Using a credit card for purchases in Canada may provide additional benefits. PLEASE NOTE: Comcheks are not a recognized or accepted form of payment in Canada. CANADIAN OPERATIONS CANADIAN REQUIREMENTS When you are dispatched to Canada, you need to be aware of the requirements for each province. If you have any doubts, be sure to call the Permits department for further instructions. Not all of our tractors are fully permitted for travel north of the border. When returning to the U.S., a $10.75 fee will be charged. Contact Permits to order U.S. Decal and waive the entrance fee. ALBERTA ONTARIO Tractor must have the following permit: Tractor must have each of the following permits: 1) Authority License – IFTA 1) Authority License 2) Tractor Registration 2) Fuel License – IFTA 3) Tractor Registration BRITISH COLUMBIA Tractor must have each of the following permits: QUEBEC SECTION 2 1) Authority License Tractor must have each of the following permits: 2) Fuel License – IFTA 1) Authority License 3) Tractor Registration 2) Fuel License – IFTA 3) Tractor Registration MANITOBA Tractor must have each of the following permits: SASKATCHEWAN 1) Authority License Tractor must have each of the following permits: 2) Fuel License – IFTA 1) Authority License 3) Tractor Registration 2) Fuel License – IFTA 3) Tractor Registration BORDER CROSSING Be sure you are routed to the correct border crossing. Know the difference between Bond vs. Border Declaration. Be sure all paperwork for processing is in order for departure from Canada – Identify your U.S. Entry Port and the Broker. By insuring all paperwork is completed, you can avoid costly delays. Identify the type of clearance used i.e., PARS, CSA, Bond and verify you have a copy of the ACL coversheet before reaching the border (for entry back in the U.S.). DRIVER ELIGIBILITY Effective-January 2008 oral communication of citizenship is not allowed you must provide proof of citizenship i.e., Birth Certificate, Passport, or FAST card. Contact Permits for questions. Canada uses Interpol for immigration clearance on individuals. This can be extremely thorough depending on the processor and the Driver’s attitude. Non-eligibility includes but is not limited to, unpaid traffic violations, DWI or DUI, and any felony. (Misdemeanors in the U.S. are felonies in Canada). No firearms, knives, mace or pepper spray are allowed to enter Canada. Please be truthful and courteous... remember, you are representing Swift Transportation. 90 CONFIDENTIAL SWIFT-Julian.000224 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 91 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 96 of 181 WEATHER Minus 50° is not uncommon, so prepare yourself and your truck for cold weather. Be sure to carry warm clothing – headgear, gloves, insulated boots, blankets, and extra clothes. Bring extra food and liquids. Review chain-up procedures. Blend fuel or straight #1 Diesel with additives and prepare radiator coolant. Keep your landing gear in low hole; grease will freeze into solid plastic and your fifth wheel will be difficult to unhook. Hard bumps and curbs will break tire beads and airlines can crack and/or break. Be sure you have the correct number of chains. SECURITY & THEFT PREVENTION Any questions regarding security or in case of theft, contact the Security Operations Center 24/7 at 800-800-2200 ext. 907-7744, 623-907-7744 and/or "TRLRSEC" on the Qualcomm. TRUCK, TRAILER & THEFT PREVENTION Due ongoing theft of cargo, trucks and trailers: Drivers and employees (Driver Leaders, Fleet Leaders, Planners, ECT personnel, customer service representative, Gate operators, and Terminal Leaders) who fail to comply with (or report violations of) the following policies and procedures will be disciplined up to and including termination of employment. Only a Terminal Leader may authorize a driver to deviate from the Loss Prevention Policy. Permission must be given by Qualcomm computer messaging or entered into the check call screen comments. Driver Leaders, Fleet Leaders, ECT personnel, nor CSR’s have the authority to authorize security policy deviation and could be held accountable for those decisions. HIGH VALUE LOADS (HVL) • The lock shall be placed sideways through both holes of the Enforcer security hasp on trailers equipped with this feature. SECTION 2 • All loaded trailers must be taken to a Swift secured drop yard or terminal location. If no secured yard or terminal is available, the driver must remain with the load until departure or delivery. • Do not drop or leave unattended for any reason (this includes being checked into a hotel), the driver must remain in the truck. • Do not park in residential areas or take the load home (includes friend’s or relative’s home). • The driver must keep a visual on the load at all times (reasonable exceptions include short periods for using the facilities on the property where the driver is parked for restroom, shower and to eat). • Do NOT deviate from the designated route given to the driver with the dispatch for the load. • Park backed up against a wall, light post or other barrier where available to prevent doors from being opened. Special Security Instructions: Specific customer HIGH VALUE LOADS have an additional security requirement placed upon them which requires the driver to travel 200-miles from the shipper without stopping (unless stopping at a Swift secured/approved terminal or drop yard). This is to protect the driver (and freight) from being followed and the driver being involved in an active theft situation. The driver should not stop within that first 200 miles for any reason (scaling the load, emergencies, break down, safety Issues are exceptions which the driver must notify the CSR of immediately). If the driver does not have the driving hours or enough fuel to take the load and travel beyond 200 miles, they are directed by a Special Security Instructions message to refuse the load. Fuel prior to pick up or after the driver has completed the required 200 mile minimum (unless fueling at a Swift terminal). Drivers are able to stop at Secured Swift terminals or drop yards for HOS breaks and fuel with in the first 200 miles. 91 CONFIDENTIAL SWIFT-Julian.000225 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 92 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 97 of 181 HIGH THEFT AREA (HTA) Southern California, Southern Florida, Augusta Georgia or other Company Designated High Theft areas • The Enforcer Padlock shall be placed sideways through both holes of the Enforcer security hasp on trailers equipped with this feature. • All loaded trailers must be taken to a Swift secured drop yard or terminal location. If no secured yard or terminal is available, the driver must remain with the load until departure or delivery. • Do not drop or leave unattended for any reason (this includes being checked into a hotel), the driver must remain in the truck. • Do not park in residential areas or take the load home (includes friend’s or relative’s home). • The driver must keep a visual on the load at all times (reasonable exceptions include short periods for using the facilities on the property where the driver is parked for restroom, shower and to eat). • Do NOT deviate from the designated route given to the driver with the dispatch for the load. • Park backed up against a wall, light post or other barrier where available to prevent doors from being opened. SECTION 2 92 CONFIDENTIAL SWIFT-Julian.000226 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 93 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 98 of 181 SECTION 2 93 CONFIDENTIAL SWIFT-Julian.000227 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 94 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 99 of 181 SECTION 2 94 CONFIDENTIAL SWIFT-Julian.000228 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 95 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 100 of 181 SECTION 2 95 CONFIDENTIAL SWIFT-Julian.000229 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 96 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 101 of 181 DROPPING LOADED TRAILERS No loaded trailer is to be disconnected from the tractor and dropped for any reason at any location, except at a Swift Secured/approved terminal or drop yard OR at the consignee after the BOL has been signed for and an empty call done. • Loaded trailers must be received and signed for by the consignee prior to dropping them at a consignee’s yard. • No load is allowed to be dropped or left unattended at any load at location after a loaded call has been completed. • No load is allowed to be dropped or left unattended at any receiver location. Only a Terminal Leader may authorize a load to be Tcalled at a non-Swift secured/approved terminal or drop yard. A notation must be made in the F2 notes. If a load is Tcalled anywhere other than a Swift secured terminal or approved drop yard, the driver Tcalling the load must remain connected to and with the load until the relay/repower driver takes control of the load. PARKING TRUCKS WITH LOADED TRAILERS Drivers are authorized to park trucks with non-HVL loaded trailers in non-HTA areas if they are in compliance with Company parking policies. They must be parked legally and have written permission from the property owner. The assigned driver will be responsible for paying all towing fees, citation fines, and all other related charges for any tractor or trailer that is parked illegally or towed. SECTION 2 If parking for longer than 2 hours, driver must drop the landing gear, pull forward and place the kingpin lock on the trailer. Then back up close enough to reconnect the power lines and hoses. Roll up all windows and do not leave any keys in or on the truck (spare tire, dip stick, cup holder or cubby holes). 96 CONFIDENTIAL SWIFT-Julian.000230 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 97 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 102 of 181 SECTION 2 ENFORCER LOCK KITS Swift Transportation requires the use of Swift issued Enforcer locking devices to prevent theft. The Enforcer Kingpin Lock and Padlock are keyed the same and are distributed as a kit to drivers. The Enforcer Lock Kit will include: – Enforcer King Pin Lock – Enforcer Padlock – Enforcer Keys (2) 97 CONFIDENTIAL SWIFT-Julian.000231 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 98 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 103 of 181 Enforcer Kingpin Lock: Kingpin locks must be installed on all loaded trailers that are parked for more than two (2) hours except at Swift secured/approved terminals or drop yards (see Parking Trucks With Loaded Trailers). Remember High Value loads and loads in the High Theft Areas can never be left unattended. Enforcer Padlock: Padlocks shall remain on all loaded trailers until T-called in a Swift secured/approved terminal or drop yard or at the consignee when backing into the dock. The driver will not be authorized to leave a terminal gate without an Enforcer Padlock in proper use on the loaded trailer. (Refer to below picture) The lock shall be placed sideways through both holes of the Enforcer security hasp on trailers equipped with this feature. Drivers should carry pliers, or other tools, to assist in placing the padlock on the security hasp in cases where hasp may be bent. If the hasp is too bent, the Enforcer padlock should be hung through either the top or bottom holes. As a last resort or if the trailer does not have a security hasp, the lock should be placed on the passenger side trailer door handle hasp. Every driver (company and owner operator) will be required to have an Enforcer Security Lock Kit. Driver should see the parts desk at the driver’s home terminal (or any terminal) regarding the process in acquiring a lock set. Lost keys may be replaced at the driver’s expense by contacting the Security Department at the Phoenix Terminal. Lost padlocks can be ordered with the same key code or by purchasing another Enforcer padlock SECTION 2 and keys at Swift shop locations. Lost kingpin locks can also be replaced. Drivers will sign a "Receipt of Acknowledgment" for the Enforcer lock kit and the driver handbook, which states the driver has read and agrees to follow all security policies and procedures established by Swift Transportation in the use of the Enforcer kingpin lock and padlock (including dropping loaded trailers, parking trucks with trailers, and the protection of equipment and cargo from theft). The driver also agrees to have any towing and/or equipment recovery expenses deducted from his/her payroll in the event he/she does not follow theft prevention procedures. The driver also understands that if he/she fails to follow all established policies and procedures he/she will be subject to disciplinary action up to and including termination of employment and/or cancellation of truck lease from the Company. 98 CONFIDENTIAL SWIFT-Julian.000232 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 99 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 104 of 181 SEALS • If there is cargo on board a trailer, a seal and lock must be applied to the appropriate rear door latch prior to leaving the shipper or pick up location (Including any and all quantities of cargo and any and all distances). • Verify that the seal number is the same as stated by the shipper on the shipping documents. • Verify that the seal is the original seal and is intact at the time of pick up. If seal is different, get seal and/or paperwork corrected before accepting load and leaving shipper. • Inspect seal for any evidence of tampering after every stop or HOS break. • Properly document the original and subsequent seal numbers on the BOL. • The driver must immediately notify the CSR if a seal is broken in transit and the number of the new seal that is placed on the trailer. • If there is no breach, but a seal integrity issue occurs the driver must immediately notify the customer service representative (CSR), whom in turn will notify the shipper (and security if needed). • If the driver’s trailer has been breached the driver needs to remain at the location of theft and contact Security operations (623-907-7744) for further direction. • Seals SHALL NOT be cut or broken off under any circumstances without prior authorization by the customer. • ONLY the customer may authorize the removal of any seal on a loaded trailer that is not at the consignee location. This permission is to be gained through contacting the CSR assigned to the SECTION 2 load. • Law Enforcement Officers may break seals in their official capacity. Driver’s should install a new seal and request that officer sign the BOL with the new seal number. When law enforcement breaks a seal, the driver shall notify the CSR to update the notes on the order. • If a trailer is found with cargo but does not have a seal (shipper, rail, repower, "T-Call"), a Swift seal should be applied and recorded onto the B.O.L., security, the customer or a member of the terminal should witness and initial the new seal application. A message should also be sent to the driver leader or dispatcher. • Swift bolt and band seals can be picked up at most terminals. GATE SECURITY All vehicles shall stop at the entrance/exit gate; which will be identified by a stop sign, a regular traffic stop light and/or a gate arm. All vehicles are required to shut-off their engines so they can speak to and hear the Security Gate Controller. The security gate controller personnel will ask the driver for the following information: • The driver’s truck number • The trailer number(s) (as applicable) • The driver’s code • Drivers will not be permitted to exit terminals without having the Enforcer Padlock properly installed. 99 CONFIDENTIAL SWIFT-Julian.000233 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 100 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 105 of 181 EMPTY TRAILERS Seals or red tags SHALL NOT be placed on empty trailers for the purpose of making the trailer appear to be loaded, needing repairs, or to secure or save a trailer for later use. Empty trailers SHALL NOT be taken home, concealed, or saved for later use without permission from operations. Unless directed by Operations, all empty trailers are to be parked or dropped at terminals, assigned drop yards, or assigned customer locations. Drivers concealing trailers through the use of seals, red tags, or "hiding out" a trailer will be placed on notice and disciplined. BORDER SECURITY POLICY & PROCEDURES **Canada and Mexico Border Crossing** Conveyance (tractor and trailer) integrity procedures must be maintained to protect against the introduction of unauthorized personnel and material. The Security Operations Center must be contacted in all cases where foul play is determined at 623-907-7744. An inspection of all trucks and trailers (loaded or empty) shall be completed by authorized Border Crossing drivers upon entering and departing from the truck yard and at the last point of loading (if possible) prior to reaching the U.S. Border. The Border Crossing driver shall visually perform these inspections. The following inspection is recommended for all trailers and tractors: Tractors: 1. Bumper/tires/rims 2. Doors/tool compartments 3. Battery box SECTION 2 4. Engine compartment 5. Air breather 6. Fuel tanks 7. Interior cab compartments/sleeper 8. Faring/Roof 9. Outside/Undercarriage Trailers: 1. Fifth wheel area-check natural compartment/skid plate 2. Interior-floor/walls/ceiling (if empty) 3. Exterior-front/sides 4. Rear-bumper/doors 5. Roof 6. Inside/outside doors 7. Outside/Undercarriage 8. Seal/Locking device 100 CONFIDENTIAL SWIFT-Julian.000234 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 101 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 106 of 181 TRAILER SEALS A high security seal must be affixed to all loaded trailers bound for the U.S. This would include bolt seals and/or a cable seal which would be applied to the door handles. All seals must meet or exceed the current PAS ISO 17712 standards for high security seals. SECTION 2 If the trailer is equipped with the above hasp, the C-TPAT certified bolt seal shall be installed as shown on all loaded trailer entering the United States. The Border Crossing driver should be briefed on the seal requirement for each load. The Border Crossing driver should know and understand the following procedures: • Verifying that the seal is the original seal and is intact at time of pick up. If seal is different, get seal and/or paperwork corrected before accepting load and leaving shipper. • Inspect seal for any evidence of tampering along the route. • Properly document the original and second seal numbers. • Verify that the seal number and location of the seal is the same as stated by the shipper on the shipping documents. • If the seal is removed in-transit to the border, even by government officials, a second seal must be placed on the trailer. The seal change must be documented and signed by the person who broke the seal and replaced with a second seal. • The Border Crossing driver must immediately notify the Dispatcher/Driver Leader that the seal was broken, by whom; and the number of the second seal that is placed on the trailer. • The Dispatcher/Driver Leader must immediately notify the customer service representative, whom in turn will notify the shipper, the customs broker and/or the importer of the second seal information. 101 CONFIDENTIAL SWIFT-Julian.000235 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 102 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 107 of 181 OS&D PROCEDURES GENERAL LOADING • Unless shipper or its agent has assumed responsibility for the load, then when loading any trailer, you, as Professional Truck Driver, are responsible for the proper loading, tie down, protection and safety of the cargo. You must accept responsibility for the entire load in all respects, during transit and until completion of the unloading. • Unless shipper or its agent has assumed responsibility for the load, it is your responsibility to know what kind of load (SLC/DCL/SLDC/etc.) you are picking up or repowering from another Driver on a T-call. 1. Comments and instructions are tied to each Load Assignment in the Qualcomm. If they are not clear, talk to your Driver Leader. 2. The Driver should confirm his/her responsibilities verbally with the shipper on the dock. If there is a difference of opinion, call your Driver Leader or Claims at once. SHIPPER LOAD & COUNT LOADS (SLC) WHEN PICKING UP: • Inspect the trailer thoroughly for damage. Report any prior trailer damage to claims (as per Accident & Property Claims instructions) before leaving the facility. • For pre-loads, physically look at the seal on the trailer and have the shipper notate it on the Shipper B.O.L. • All SLC loads have two (2) requirements that must be on the Shippers B.O.L. to keep the responsibility on the shipper. 1. SLC must be stamped or written on the B.O.L. SECTION 2 2. If written, get the shipper representative’s signature as an acknowledgement on the B.O.L. • Unless these two requirements are met, the Driver will be responsible for the count and condition of the load. • Make sure the doors and seals are properly latched. • Apply your Enforcer Padlock to the trailer door. WHEN DELIVERING: • Make sure the consignee witnesses and confirms the seal is intact before you break it. • For all SLC loads, the consignee must sign your B.O.L. "Seal Intact". • If this is not done, the Driver will be responsible for any shortage or damage claim. DRIVER COUNT & LOAD SHIPMENTS (DCL) WHEN PICKING UP: • Count your load on by using a TALLY SHEET. • TALLY SHEETS are available in pads at all terminals. • You are responsible for the amount you sign for. Count and Inspect every item. • Watch loaders to ensure they are loading only perfect product and are not damaging cartons while loading. You are responsible for damages in DCL loads and are signing for perfect cases. • Refuse to let damaged freight be loaded. Ask for them to be replaced. • It is your right under ICC regulations to refuse any freight that is not in perfect condition. Any resulting claims will be charged to your employment performance record. • If assorted products are on a pallet, have the shipper assist you in breaking that pallet down and recount until you are completely satisfied. • Tally Sheets are provided and required to assist you with the count. Use them. • If you experience a different count at the shipper, ask for the Loading Supervisor or Manager to help resolve the discrepancy. If still no match, call the Claims Department before you sign the B.O.L. We will help you resolve the issue. 102 CONFIDENTIAL SWIFT-Julian.000236 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 103 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 108 of 181 STC – SAID TO CONTAIN • If you are picking up freight that is: a) palletized and b) shrink wrapped tightly and completely, you may use STC on the B.O.L. • This will allow you to be responsible for a reasonable number of pallets vs. hundreds of even thousands of cartons. It can also save you and the shipper a significant amount of counting and stacking time. • Loads going to Target are prime candidates for this technique. WHEN DELIVERING: • Count your load off by using a TALLY SHEET. This also applies to SLC loads with multiple retail delivery stops. On these loads, once the seal is broken at stop #1, the seal integrity is gone. Thus, the Driver and Swift are responsible for the counts and condition at all remaining stops. • Examples are: Discount Tire, Michelin Tire, Beer, Target, etc. • Make sure you turn in your completed TALLY SHEETS with the correct B.O.L. and Trip assignment. REPOWER LOADS ("T" CALL) • Driver #1 who picked up the load and dropped it, will be responsible for the count and condition of the load at the time of delivery, even though he did not deliver it. • However, if he uses a TALLY SHEET, Driver #2, or the delivery driver will be responsible to: a. Have the load signed with seal INTACT and b. Use a TALLY SHEET to count the freight off. • If he doesn’t, he’ll be responsible for any shortages. NOTE: A Driver may use or hire a lumper to load freight on or off but the Driver is still responsible for the count and condition of the freight. • Multi delivery loads will also require the Driver to re-secure cargo after each drop with loadlocks. SECTION 2 When needed, restage boxes in a stair step fashion (relocating heavy and higher cartons down to the floor) to prevent damage while in transit to the next stop. • ICC Regulations allow a customer nine (9) months to file a Cargo Claim. Therefore, it is important for the Professional Truck Driver to execute all B.O.L. transactions correctly at the time they occur. • If you have any problems or questions while at the shipper or consignee you should call your Driver Leader or Cargo Claims at the 1-800-467-2793. REPORTING OS&D DISCREPANCIES • When unloading freight at a customer’s facility and there is a discrepancy on the B.O.L. vs. the actual count, you are required to complete a Macro 59 on your Qualcomm to the Claims Department to report the Over, Short, or Damaged discrepancy. This must be done before leaving the customer’s dock. By doing this, Swift has a much greater chance of resolving the issue and preventing a claim. • Make sure you use the Macro 59 when sending in an OS&D report. • Macro 59 is the proper CLAIMS reporting tool to use. If you use any other means, your response time will be much longer. • Claims staff is on duty 24 hours a day, 7 days a week. So there is no reason to NOT report your OS&D discrepancy while at the consignee’s dock. Call (800) 467-2793, Option 2. • Late reporting will result in the Driver being charged with the claim on his performance record and disciplinary counseling by his/her Driver Leader. • If you fail to Macro 59 in an OS&D report, you may be put on probation that may result in termination. • Do not send messages through the Qualcomm or leave phone messages (for your Driver Leader or others) as a means of reporting OS&D or cargo problems. You must use the correct Macro number 59! • Do not start another dispatch or trip assignment until you have completed the OS&D Macro report and have been released by claims. • Discrepancies are as follows: a. Damaged cargo that is refused. 103 CONFIDENTIAL SWIFT-Julian.000237 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 104 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 109 of 181 b. Overage/Shortage (amount delivered is not the same as what is listed on the B.O.L.). • Have your paperwork available before you send the Macro 59. a. Make sure you understand how your B.O.L. and paperwork has been signed with exactly what occurred at the delivery. b. If you have product refused, make sure you know why it was refused. c. Be prepared to take pictures of any product or freight that is being refused. The claims clerk may ask or instruct you to do so. d. Have all product numbers written down accurately and be prepared to enter them into the Macro fields. e. Make sure all fields are filled in with correct information or your report will be rejected and returned to your Qualcomm unit. NOTE: The Driver should ask the consignee to record the product numbers for any Over, Short, or Damage cartons onto the B.O.L. This will help Swift significantly with claims processing and reduction. • If it is determined the Driver will be keeping the refused freight to take to a Swift terminal, the clerk will give an RN# (Return Number). Write this down on a paper that will stay with you. a. It is a confirmation or proof that you sent in your Macro 59 report and have authorization to drop at a terminal. b. It will have a combination of letters and numbers. c. An example is RNG789. d. Keep this for your records. • If the Driver is instructed to take refused freight to an LTL terminal or another designated location, a RA# (Return Authorization) will be given from the shipper. • When taking refused freight to the designated Swift terminal, the Driver will be asked to fill out a Cargo Return Receipt and get it signed by a terminal staff member. SECTION 2 a. Make sure to get the pink copy (of the signed and completed form) as a receipt for your records. b. This is your proof of delivery to the terminal for refused customer freight. SPECIAL INSTRUCTIONS BEER LOADS • Unless shipper or its agent has assumed responsibility for the load, then the Driver is totally responsible for the proper blocking, bracing, strapping and securing of all freight in the trailer. • Beer is a HEAVY liquid that will shift easily no matter what type of container: kegs, bottles, cans, etc. • Load Lock expansion bars must be applied at all times! • Seals don’t protect Swift for beer DAMAGE. Break the seal to inspect the load every 2-4 hours while en-route to the consignee. No witness required. (Inspection only-No sampling allowed). • Cross out the old seal number and record the new number onto the B.O.L. Message your Driver Leader thru the Qualcomm when you perform each inspection. If your load goes down, you are required to stay and clean it up at the consignee. • Beer is very sensitive to extreme temperatures. Hot summer heat in May through August or cold winter temperatures of 25 degrees or below in December through March can damage this cargo. Therefore, all beer should be delivered within 48 hours from the time it is loaded. • A tip to follow: open the back doors to the trailer as little as possible. • At no time is any damaged or refused beer to be put back into a trailer. The customer must keep the product and file a claim for the amount in question. If the customer does not understand, they should call the Claims Department for an explanation and help. FLATBED LOADS • Unless shipper or its agent has assumed responsibility for the load, then the Driver is totally responsible for the proper blocking, bracing, strapping and securing of all freight on the trailer. If something falls off your trailer, it could cause an accident. You should always check the load periodically throughout the course of your trip, in accordance with D.O.T. Regulations. 104 CONFIDENTIAL SWIFT-Julian.000238 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 105 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 110 of 181 • If you need a Specialty Permit, call your Driver Leader and they will assist you with the process. If it is after hours, please contact ECT. • If you need a Specialty Permit, call your Driver Leader who will assist you thru the Phoenix Flatbed division for the West and the Shoals Flatbed division for issues in the East. • Tarp your load every time. It should always be protected from bad weather elements, bad road elements, and fraud from other motorists. Remember, the customer may also have reasons for tarping, which are not apparent to us. Exceptions should be discussed with and approved by your Driver Leader. • When T-Calling a flatbed load always remember to "yard tarp" the load and use bungee cords or ropes. If you are unable to find a tarp contact dispatch immediately for help. • There is never a reason for a load to be rejected because it is wet. • Inspect and count the load when picking up or repowering. Report damages and any count discrepancies to Claims at the time of inspection to avoid a charge against you and Swift. • Note any damages or count discrepancies in the shippers B.O.L. before leaving their facility and have the shipper verify these notations. • Always remember, you are signing for what the B.O.L. says is on your load. This makes you the responsible party. Make sure you actually have what the B.O.L. calls for; always check the count. • Count pieces or bundles. If the B.O.L. reflects a piece count, count the pieces yourself. • Always feel free to discuss each and every load, its tie down, and protection, with your Driver Leader or Dispatcher. Don’t be afraid to ask questions. • Cargo that most often presents problems is: a. Steel Coils b. Automotive Chassis c. Structural Steel d. Large Loose Pipe SECTION 2 REFRIGERATED LOADS • Temperature control is vital. Know your refer unit: the switches, gauges and how to use them. • Always carry a pulp thermometer. If the bills call for you to maintain a certain temperature, pulp before signing the bills and note the pulping temperature on the bills next to your signature. Make sure this also appears on the shipper’s copy. • If you have any mechanical problems on the road, contact your Driver Leader and the Claims Department immediately. • Check your unit and load often enough to ensure protection. • Always keep plenty of fuel in your unit. • If you note problems, contact the Claims Department before delivery. • Though different loads will require various "check-in" temp times throughout the dispatch, at a minimum you should report the temperature listed on the BOL and the actual box temperature at least twice. Once after the trailer is loaded and also upon arrival at each stop off or consignee." • Refrigerated loads are generally Shipper Load Count (SLC). Just as a reminder, if this is the case then it is imperative that you mark the BOL that way. MOST CHALLENGING CARGO • ROLL PAPER loads are hard to secure and top heavy. They will shift easier than most cargo and cause trailer damage and even ROLLOVERS if you do not use caution and control your speed. Allow plenty of distance ahead and avoid quick stops. Regular Roll Paper shippers should have Swift’s Roll Paper guidelines to refer to for prevention of damage and rollovers. • BEVERAGES of all types (beer, soda, bottled water, punch, etc.) will shift easier than most other freight. Kegs, cans, glass, bottles and plastic bottles are all less stable because of the liquid content. Most shifting occurs on the tail end of the trailer load. Heavy Shrink Wrapping, tight quality loading, quality blocking and bracing with expansion bars or straps, and controlling speed for a smooth ride are all preventable measures that Professional Truck Drivers can take to avoid beverage claims and clean up expenses. 105 CONFIDENTIAL SWIFT-Julian.000239 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 106 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 111 of 181 MISCELLANEOUS • Your work performance record will not be charged unless a claim is filed. • Wet damages are not charged unless it is a flatbed load that has not been tarped properly. SUMMARY • As a Professional Truck Driver, you should always take pride and responsibility for: a. Ensuring your cargo is secure. b. Knowing what type of load and responsibilities you have during pick-ups and deliveries. c. Making sure the B.O.L. gets notated, signed, and processed into the corporate office properly and promptly. d. Communicate clearly with your Shipper, Consignee, Driver Leader and Claims Department personnel. Ask questions. All questions are wise questions; let us help you. SECTION 2 106 CONFIDENTIAL SWIFT-Julian.000240 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 107 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 112 of 181 SECTION 3 – EQUIPMENT OPERATION COOLANT TEMPERATURE • Coolant should be checked when you check your oil. • Never run with the water temperature over 220 degrees. If this occurs, pull off the roadway and make necessary inspection to determine the problem. Call the On-Road Department and get instructions. • Never run the engine hot or low on coolant, either of these will cause severe damage. • The correct operating range is 180 to 220 degrees. TRANSMISSION TEMPERATURE • Standard operating range is 200 to 300 degrees. • The transmission temperature will vary with surrounding temperatures. • On a hard pull temperatures can run from 275 to 300 degrees, however they should not remain at these temperatures. ENGINE RETARDERS • All Swift tractors are equipped with engine retarders. The switch for operation is located on the dash, steering column stalk or the steering wheel. • Depending on type of engine and retarder, there could be a single switch or double switches. • The single switch operates the two position retarder. • The double switches operates the three stage version. 2,4,6 cylinder retarder or 1-6 on some trucks. INTER AXLE DIFFERENTIAL (POWER DIVIDER) & COMPANY POLICY • All three axle, Company tractors are equipped with inter axle differential lock or differential lock if it has a tag axle the operation is the same for both. • This lock should only be used in emergency traction loss. • It is mandatory Company policy that all axles be at a full dead stop, breaks applied before locking differential in or out. • If this policy is not followed, serious damage to the equipment could result and may be charged to the driver. FIFTH WHEEL • To slide a fifth wheel properly, the tractor must in a parking lot or other safe location. Start at a complete stop, set the trailer brakes and lower the landing gear. • This will allow the fifth wheel to slide easier and will reduce strain on the drive line. • Failure to use this procedure could be deemed abuse and will not be tolerated. BRAKES The quality of the brakes on your equipment could be the difference between life and death for you and everyone around you. It is the Driver’s responsibility to inspect the brakes on his equipment. • Never assume when it comes to safety. Check your brakes as required by FMCSA each day during the required safety inspection. • Properly adjusted brakes shall be no more than 2" brake travel for all short stroke brake cans and no more than 2.5" brake travel for all long stroke brake cans. Note: How to determine the brake can type: All short brake chambers have round air ports where the brake lines connect to the brake chamber and all long stroke brake chambers have square ports where the brake lines connect to the brake chamber. • Due to self-adjusting brakes do not attempt to adjust the brakes. SECTION 3 • For general braking, service brakes shall be applied by using the foot brake only. • The trailer brake hand valve is to be used only in case of emergency. • Do not use trailer brakes for parking an unattended unit. • To cool down hot brakes, run at slow speeds without applying brakes. • The parking brake is to be used for parking only. • Excessive use of brakes on long grades is not only costly but also dangerous. Remember that your personal safety, as well as the safety of others is dependent upon your ability to stop in any emergency situation. Know the capacity of your brakes. Know how to use them properly. Overheated brakes will not stop you in an emergency. 107 CONFIDENTIAL SWIFT-Julian.000241 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 108 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 113 of 181 AIR BRAKE SYSTEM • Air brake systems are designed to operate at 120 to 130 psi • Air tanks are required to be drained to get moisture out of the system and to prevent ice blockages in the air system in winter. • All trucks with air brakes are equipped with both visual and audible low pressure warning devices which will activate below 60 psi. These are both required by FMCSA. • If the low pressure warning device activates, clear your vehicle from the highway and park immediately. • Set the spring parking brake and do not move the vehicle until the problem is corrected. • Do not operate a vehicle that has an audible air leak. • To check for air leaks, the engine should run until the governor cuts out at approximately 120 to 130 pounds per square inch (P.S.I.). • In the event excessive pressure drop occurs (an air pressure drop of more than 3 psi in one minute (single units) 4 psi in one minute (combos) with the engine running at idling speed and the service brake applied or an audible air leak is detected contact the On-Road Department. DESCENDING GRADES • Be in the right gear before starting down the hill; it is recommended to be conservative with your gear selection. To avoid becoming stuck in neutral do not shift gears while moving on a downhill. • Use the engine brake retarder, The engine brake is most effective at higher engine RPM’s maximum RPM allowed is 2150. Qualcomm is set to alert for over RPM at 2200 • Drivers will need to use lower gears going down a hill than would be required to go up a hill. • For long downhill grades go slow enough that a fairly light use of brakes will keep your speed from increasing. This will keep your brakes from getting too hot. • All trucks are set with Speed droop settings that will allow the truck to go 3 more MPH above the governed speed, this is to save fuel in rolling hills. • The new Freightliner "Smart Trucks" have a feature that is called Smart Cruise. This will allow the truck to speed up to 66mph in rolling hills to conserve fuel. This is only active if cruise is set. Keep in mind reaching 67mph is an overspeed violation. Drivers must always follow all posted speed limits for tractor trailers. • Use the 5 MPH rule. Apply brakes to slow truck 5 MPH and then release brakes. If it has to be done more than 3 times to keep control the truck is in too high of a gear for the grade. • Never pump or fan the brakes, this uses up the air supply and may cause brake fires. Apply even steady pressure. • For tractors with automated manual transmissions: – For the Detroit DT-12, it's called "Descent Control". Set your engine brakes to desired level, slow to the speed at which you want to descend the grade and set the cruise control. When selecting your speed, you must factor in your combined gross vehicle weight, weather conditions and road grade. – For the Eaton Smart Advantage, it's called "Low Mode Operation". Set your engine brakes to the desired level, slow to the speed at which you want to descend the grade and move the gear selector to LOW mode. When selecting your speed, you must factor in your combined gross vehicle weight, weather conditions and road grade. For the Volvo I-Shift XE13, it's called "IVED". Put the engine brake stalk in the "A" position. Slow to the speed at which you want to descend the grade and press the "+" button to engage "Engine Brake Cruise". The IVEB engine brake will hold this speed within limits. Pull the stalk down for more engine brake force. The "B" position provides the maximum engine brake force available. If you still need to go slower, apply SECTION 3 the foundation brakes. When selecting your speed, you must factor in your combined gross vehicle weight, weather conditions and road grade. TIRES • When transporting any quantity of hazardous materials, a D.O.T. tire check is required at the beginning of every trip and if you stop. • No tire or wheel shall be left at any place other than a Swift terminal. • Under no circumstances may you lend or borrow a tire from another carrier. • Tire air pressure is to be maintained in strict accordance with the Company’s recommendation. 108 CONFIDENTIAL SWIFT-Julian.000242 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 109 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 114 of 181 • Air is not to be bled off, improper tire pressure causes excessive tire wear and can cause a blow out or throw a cap. • In the event of a flat or damaged tire, contact the Phoenix On-Road Department. • The sidewall rating of a low profile radial is approximately 6,175 pounds. • When asked to "single out" a failed tire, one tire and wheel must be removed. To do this the weight of the axle with the failure must be known. Divide the weight of the axle by the remaining three tires i.e.; 17,000 pound axle weight divided by the three remaining tires equals 5,666 pounds. This would be legal, except where prohibited by law. • Tire size will be uniform on each unit and radial or bias ply tires will be uniform throughout the vehicle. • In case of emergency, mismatched tires are to be run only to the nearest authorized replacement source. • Call the Phoenix On-Road Department for authorization numbers on any tire repair or purchase before work is started. Note: If unit is equipped with a spare tire, it’s the driver’s responsibility to make sure the spare tire is good for use. It’s also the driver’s responsibility to make sure the spare tire is restocked after the spare has been used. This can be done at any Swift shop. TIRE PRESSURE • The only correct way to check air pressure in a tire is to use an air gauge while the tires are cool. • 22.5 tire = 110 PSI • 22.5 wide base = 110 PSI • 19.5 tire = 115 PSI • Container tire = 90 PSI GUIDE FOR ON-ROAD TIRE FAILURE PROCEDURES • Get your truck and trailer off the road. If you cannot move or are sitting on the side of the road, set out triangles. • Call the Phoenix On-Road Department at 1-800-467-6017 for information on where to go for repairs, road service, tire repair, and replacement. • Flat Repairs: After an authorization number is obtained, get the tire repaired and have the vendor call the On-road department with the invoice information to get payment. Please note: Any time a tire cannot be repaired, we need to use the spare. • Tire blow outs: Call the Phoenix On-road department for information on where to go for tire replacement. Please note: Anytime we have a tire replaced, we need to use the spare tire. If no spare tire is with the unit, On-road will buy a tire on our National Account programs. This helps cut our new tire cost by 40%. • Off Tires: Anytime a tire is removed from a company unit, the tire must be returned to the nearest Swift terminal regardless of condition. • Steering Tires: Steering tires can be patched only under emergency conditions. If patched the tire must be replaced at the nearest Swift terminal. This is done for safety reasons. • Return Tire Procedure: Tires can be returned at all terminals. If you are dropping off after hours, the truck number, Driver’s name, trailer number, and unit which the tire came from and why tire failed, must be recorded. Obtain a receipt for your records from shop or dispatch. • Report empty trailers at customer sites needing repair to On-Road by completing a Macro 38 via Qualcomm. DIESEL ENGINE OPERATION SECTION 3 • Idle a cold engine at least three to five minutes before placing any load on it, however the warm up time will depend on engine temp at time of start up. • NEVER rev up an engine when first started, more wear occurs during the first 30 seconds after initial start up. Allow 3-5 min before starting your driving. • The engine will operate from 180 to 220 degrees under normal conditions. • In extremely warm weather and head-wind conditions, if the temperature approaches 220 degrees, back off one or two gears and allow the engine to run easy enough to prevent the temperature from going beyond 220 degrees. • Take every precaution to prevent engine overheating. 109 CONFIDENTIAL SWIFT-Julian.000243 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 110 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 115 of 181 ROAD FAILURES • Before calling in for instructions, please make every effort to learn the exact nature of the failure to enable the person called to determine the best action to take. • Do not have repairs made on Swift equipment by outsiders without prior approval. • Pulling other vehicles with Swift power equipment or backing a trailer up to them is not permitted under any circumstances. • Towing vehicles is forbidden. REPORTING AN OVER-THE-ROAD BREAK DOWN Call the ACT/ONROAD TEAM AT 1-800-467-6017 and pick the "Report break down" option or complete a Macro 55. Note: You do not need to call ACT/ONROAD TEAM OR COMPLETE A MACRO IF YOU’RE AT A SWIFT YARD WITH A REPAIR SHOP. All you need to do is walk up to the shop and see the service desk for help. When reporting an over-the-road break down, please make sure you have the following information: 1. Truck and/or Trailer number 2. Location: Address, Street name, HWY, Interstate, Mile Marker, and City and State. 3. Nature of the break down and/or problem with the unit. 4. Is unit loaded or empty? Note: Some things you do not need to call ACT/ONROAD for: 1. A yellow check engine light: As long as the unit is running, the oil PSI is good, the temperatures are good, and there is no red shut down light; you can keep running and have the unit checked at the next shop. There is no need to call ACT/ONROAD. 2. Your sleeper light went out. 3. Your radio quit working. 4. A dash light quit working. Please remember: ACT/ONROAD is for emergency on-road break downs. If you do a good pre-trip inspection, you should be able to make your load on time without a break down. MAINTENANCE-COMPANY EQUIPMENT • All trucks and trailers must cross the Safety Lane when returned to the yard. Enter the Safety Lane and refuel your truck. • This is to insure that equipment in the storage yard is in the best possible condition. • NOTE: Exceptions to refueling are if repairs are needed to fuel tanks or related lines, or if scheduled maintenance is to be performed. • Safety Lane Personnel will go over Safety Lane procedures. • Upon decision for repairs, a work request form will be generated by shop personnel and unit will be routed for repair verification. • The Driver Leader will act as liaison between Shop Manager, and Drivers with regard to maintenance. • Units in the shop must follow Lockout/Tagout procedures. If you need to access your vehicle, you must be escorted by a shop foreman or manager. SECTION 3 NOTE: The shop manager’s doors are always open to discuss any maintenance problems. Please do not block traffic lanes or entrance bays to the shop. You should do all your loading, tie down or parking in the designated areas. FUEL AND FUEL ECONOMY FUEL • Fueling your truck correctly requires you to pre-plan every trip, by following the fuel route requirements. • While fueling, the Driver must stay with the truck until the fuel and safety inspection is complete. • Always top off DEF tanks at Swift fueling sites. 110 CONFIDENTIAL SWIFT-Julian.000244 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 111 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 116 of 181 TERMINAL FUEL 1. Swipe the card. 2. Follow automated instructions. 3. Enter hub meter (odometer) readings. 4. Enter trip number, unit number. 5. Select pump. 6. Remove card. (Start fueling) 7. Unlock fuel handle before hanging nozzle. • Fuel cards are to be obtained through your Driver Leader. • You will be responsible for all charges against your Personal ID Card. OIL • Check your oil each day before starting the unit. If the unit has been running and you need to check the oil, you must wait 15 minutes after shutting down the engine to get an accurate reading. • Swift uses a series three 15w30 weight oil (semi-synthetic blend). • Always warm your engine before starting out. Three to five minutes will generally be appropriate. • Also, let your engine cool to normal operating temperatures (3-5 mins) before shutting it down; otherwise engine damage may occur. • CAUTION – This does not mean to let the engine idle excessively, just warm-up and cool-down. FUEL ECONOMY • All company owned trucks have the top speed set to 62 MPH and have progressive shifting turned ON to help keep the rpm’s low and to help minimize engine torque and horse power. • Operate the truck in top gear and in cruise control as much as possible. The ECU can regulate fuel much more precisely than a human can. 2016 model year trucks have the pedal limit set at 60mph and the cruise limit is set to 62mph. This is to encourage the use of cruise control. • Don’t downshift too soon, Engines can be lugged down to 1000 RPM’s and still pull rolling grades. • PRACTICE PROGRESSIVE SHIFTING. Upshift at 1500 RPM’s the Sweet spot on newer engines is between 1000 and 1500 RPM’s • Avoid fast take offs, always accelerate slowly and steadily. • Cost to a stop WITH the truck in gear, clutch out and your foot off of the throttle, leave the truck in the highest possible gear and coast to the stop, Downshifting while coming to a stop actually wastes fuel. • Maintain proper tire inflation on the tractor and trailer; check them daily when they are cool. • Inspect aerodynamic devices on the tractor and trailer for damage or missing parts as these defects will affect fuel economy • Run tire tread depth down to the Swift minimum for maximum fuel efficiency, worn tires are up to 5% more fuel efficient compared to new tire. • Slide the fifth wheel ahead as much as your axle weights permit, this will close the tractor trailer gap and improve fuel economy. • NEVER IDLE AN ENGINE NEEDLESSLY. You should let the engine run only to warm it up to a proper operating temperature or to cool it down after a long run. • When your engine reaches a proper operating temperature, either move the truck or shut it down. • If you let your engine run needlessly while your truck is parked, you are getting zero miles to the SECTION 3 gallon. Our truck engines burn between.5 to 1.3 gallons of fuel per hour at idle speed. If you are going to be parked for more than three minutes, shut the engine down, ALL company trucks have a 5 min. idle shutdown timer that have an override option for required driver rest periods. • WE CAREFULLY MONITOR FUEL CONSUMPTION BY INDIVIDUAL DRIVER AND POWER UNIT. • For maximum fuel economy, operate the tractor between 55 and 62 MPH. RPM should not exceed 1600 RPM in all gears. 111 CONFIDENTIAL SWIFT-Julian.000245 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 112 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 117 of 181 PARKING/AUXILLIARY BUNK HEATERS • All company owned trucks have a parking heater for driver comfort. • To Operate the heater set the parking brake, and turn off the engine. Turn off all un-needed electrical loads this will maximize heater run time and battery life. • In environments below 20 degrees the heater can be used but the trucks engine must be started every 3-4 hours. • Heaters must be operated once per month for 20 minutes year-round to ensure proper function. SAFETY LANE AND YARD OPERATION PROCEDURE • All vehicles must go through the Safety Lane procedures. The Safety Lane includes the fueling area, scale, and staging area outside the front gate. • Only drive on the scales for weighing purposes. • The purpose of the Safety Lane is to monitor all incoming/outgoing traffic and to give special attention to the condition of the load, the condition of your equipment, brakes, tire pressure, etc. • If safety violations needing repair are discovered, the Safety Lane personnel will do the necessary recording of the work to be accomplished on a Work Request, and repairs will be scheduled shortly by the Shop Manager or Service Writer. • If you have any questions regarding tire pressure, securing of loads, or anything about road safety, feel free to discuss them at the Safety Lane. • Engines should be shut down as soon as possible when arriving at the Safety Lane. • Wait for the Safety Lane personnel to chock the wheels, then release the brakes, turn on all marker lights, 4-way flashers, and brake lights. • Stay with the truck until all fueling and safety inspections are complete. • Do not remove stop signs or chocks at any time while on the Safety Lane. The attendant will do so when he is through working on your vehicle. Do not start your truck until the hood is closed and one of the attendants instructs you to do so. • Maximum speed limit is 5 mph on or around the Safety Lane. Failure to adhere to the speed limit will result in a safety violation. UNAUTHORIZED ELECTRICAL EQUIPMENT Drivers are not permitted to add additional Lights, C-B Linears, Refrigerators, Radar Detectors, or Electrical Inverter to the company owned tractors. Contact the Human Resources Department if an inverter is required for medical equipment accommodations. A letter must be issued from HR to the driver and kept in the truck for this authorization. Inverters, fuses and harnesses must be installed by a trained shop technician,,and must meet the specification requirements of the inverter/medical device that is being installed. Swift will be issuing tractors with medical grade inverters already installed in them starting late 2015. These are not to be removed from the tractors; no other inverter will be allowed in these tractors. PARKING • All of the terminals have clearly defined areas for parking. Please park in the designated areas. YARD OPERATIONS SECTION 3 • For assistance at large terminals, contact the Yard Manager. At small terminals, contact the Shop Manager. • The responsibilities of this department include the following: • Dunnage and pallets: check in and check out. • Container interchanging, including check in and check out, off loading, on loading, and supervision of all storage areas. • Forklift operations, including loading, unloading, or transferring loads. 112 CONFIDENTIAL SWIFT-Julian.000246 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 113 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 118 of 181 COUPLING AND UNCOUPLING Knowing how to couple and uncouple correctly is basic to safe operation of combination vehicles. Wrong coupling and uncoupling can be very dangerous. General coupling and uncoupling steps are listed below. There are differences between different rigs, so learn the details of coupling and uncoupling the truck(s) you will operate. 1. Inspecting the fifth wheel: Ensure the following: • No damaged or missing parts. • Mounting to tractor is secure, no cracks in frame, etc. • The fifth wheel plate is greased as required. • The fifth wheel plate is lubricated, if not, this could cause steering problems and tire wear issues because of friction between the tractor and trailer. • The proper positioning of the fifth wheel for coupling. • The wheel is tilted down toward the rear of the tractor. • The jaws are open. • The safety unlocking handle should be in the automatic lock position. • The sliding fifth wheel is locked, if applicable. • The trailer kingpin is not bent or broken. 2. Inspect area and chock wheels • The area around the vehicle must be clear. • Trailer wheels must be chocked or spring brakes are on. • Cargo must be secured against movement due to tractor being coupled to the trailer. 3. Position tractor • Put the tractor directly in front of the trailer. • NEVER: back under the trailer at an angle because you might push the trailer sideways and break the landing gear. • Check position, using outside mirrors, by looking down both sides of the trailer. 4. Back slowly • Stop just before the tractor starts to position under the trailer. • Don’t hit the trailer. 5. Secure tractor • Put on the parking brake. • Put transmission in neutral. 6. Check trailer height • It should be low enough that it is raised slightly by the tractor when the tractor is backed under it. Raise or lower as needed. • If trailer is too low, tractor may strike and damage nose of trailer; if trailer is too high, it may not couple correctly. • The kingpin and fifth wheel must be aligned. 7. Once height and alignment is correct back under trailer. • Use lowest reverse gear. • Slowly back under trailer to avoid hitting the kingpin too hard. • Stop when the kingpin is locked into the fifth wheel. 8. Inspect coupling • Use a flashlight if necessary. • There should be no space between upper and lower fifth wheel. If there is space, something is wrong. The kingpin may be on top of closed fifth wheel jaws; trailer would come loose very easily. • Go under trailer and look into the back of the fifth wheel. Make sure the fifth wheel jaws are SECTION 3 completely across 5th wheel throat. • Check that the pull handle is pulled in within 1 inch of the 5th wheel plate. • Check that the safety catch is in position over locking lever. • On some fifth wheels the catch must be put in place by hand. * IF THE COUPLING ISN’T RIGHT, DON’T DRIVE THE COUPLED UNIT; GET IT FIXED 9. Connect air lines to trailer • Check glad hand seals and connect tractor emergency air line to trailer emergency glad hand. • Check glad hand seals and connect tractor service airline to trailer service glad hand. • Make sure air lines are safely supported where they won’t be crushed or caught while tractor is backing under the trailer. 113 CONFIDENTIAL SWIFT-Julian.000247 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 114 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 119 of 181 10. Connect the electrical cord and check air lines • Plug the electrical cord into the trailer and fasten the safety catch. • Check both airlines and electrical line for signs of damage. • Make sure air and electrical lines will not hit any moving parts of the vehicle; they also cannot lay on or touch the tractor's frame or deck plate. This is an FMCSA violation; they must be suspended. 11. Supply air to trailer • From cab, push in "air supply" knob or move the tractor protection valve control from the "emergency" to the "normal" position to supply air to the trailer brake system. • Wait until the air pressure is normal. • Check brake system for crossed air lines. • Shut engine off so you can hear the brakes. • Apply and release trailer brakes; listen for sound of trailer brakes being applied and released (you should hear the brakes move when applied and air escape when the brakes are released.) • Check air brake system pressure gauge for signs of major air loss. • When the trailer brakes are working, start the engine. Make sure air pressure is up to normal. 12. Lock trailer brakes • Pull out the "air supply" knob, or move the tractor protection valve control from "normal" to "emergency." 13. Secure vehicle • Put transmission in neutral. • Engage the parking brakes. • Shut off the engine and take the key with you so someone else won’t move the truck while you are under it. 14. Raise front trailer supports (landing gear) • Use lower gear range (if so equipped) to begin raising the landing gear. Once free of weight, switch to the high gear range. • Raise the landing gear all the way up. • NEVER: drive with landing only part of the way up as it may catch on railroad tracks or other objects. • After raising landing gear, secure the crank handle safely. • When full weight of trailer is resting on tractor; check for enough clearance between rear of tractor frame and landing gear. • NOTE: When the tractor turns sharply, it must not hit the landing gear. Check that there is enough clearance between the top of the tractor tires and the nose of the trailer. UNCOUPLING TRACTOR-SEMITRAILERS The following steps will help you uncouple safely: 1. Position Rig • Make sure surface of parking area can support weight of trailer. • Have the tractor lined up with the trailer. • Pulling out at an angle can damage landing gear. 2. Ease pressure on locking jaws • Shut off trailer air supply to lock trailer brakes. • Ease pressure on fifth wheel locking jaws by backing up gently. This will help you release the fifth wheel locking lever. SECTION 3 • Engage parking brakes on while tractor is pushing against the kingpin. This will hold the rig with pressure off the locking jaws. 3. Lower the landing gear • If trailer is empty, lower the landing gear until it makes firm contact with ground. • If trailer is loaded, after the landing makes firm contact with the ground, turn crank in low gear a few extra turns; this will lift some weight off the tractor. • Do not lift trailer off the fifth wheel. This will make it easier to unlatch fifth wheel; and make it easier to couple next time. 114 CONFIDENTIAL SWIFT-Julian.000248 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 115 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 120 of 181 4. Disconnect air lines and electrical cable • Disconnect air lines from trailer. Connect airline glad hands to dummy couplers at back of cab, or couple them together. • Hang electrical cable with plug down to prevent moisture from entering it. • Make sure lines are supported so they won’t be damaged while driving the tractor. 5. Unlock fifth wheel • Raise release handle lock. • Pull the release handle to "open" position. • Keep legs and feet clear of the rear tractor wheels to avoid serious injury in case the vehicle moves. 6. Pull tractor partially clear of trailer King pin • Lower the tractors air suspension wait until all airbags are deflated. • Pull tractor forward until fifth wheel comes out from under the trailer. • Stopping with the tractor frame under trailer prevents trailer from falling to the ground if landing gear should collapse or sink. 7. Secure tractor • Apply parking brake. • Place transmission in neutral. 8. Inspect trailer supports • Make sure ground is supporting trailer. • Make sure landing gear is not damaged. 9. Pull tractor clear of trailer • Release parking brakes. • Check the area and drive tractor clear. COUPLING AND UNCOUPLING TWIN TRAILERS To couple; coupling a tractor, a semitrailer, a converter dolly and a second trailer together to form an operable combination is relatively simple. 1. Converter dollies • These weight over 2,000 pounds and all precautions involved in lifting and moving heavy objects should be exercised. • The best way to move a dolly in a drop yard is with a tractor. Do not tow dollies with the tractor on the highway. The pintle hook on the back of the tractor is designed for yard use only. This is company policy. • Use the pintle hooks on the back of tractors to move dollies. 2. Fingers and hands • These should be kept from between the pintle hook and eye. Fingers can be crushed in an instant. 3. Converter dollies • Should never be pushed under a trailer nor pulled from under it. Firmly attach to the pintle hook on a tractor or the lead trailer. 4. Weight • If the weight of the trailers differs by 10% or more, the heavier trailer should be first. This is to maintain the stability of the combination when under way. NO ONE SHOULD STAND BETWEEN THE TRAILERS WHEN HOOKUP IS TAKING PLACE. SECTION 3 SECURE SECOND (REAR) TRAILER If the second trailer doesn’t have spring brakes, drive the tractor close to the trailer, connect the emergency line, charge the trailer air tank, and disconnect the emergency line. This will set the trailer emergency breaks if the slack adjusters are correctly adjusted. • Chock the wheels if you have any doubt about the brakes. • Couple tractor and first semitrailer as described earlier. CAUTION: For the safe handling on the road, the more heavily loaded semitrailer must be in first position behind the tractor. The lighter trailer should be in the rear. 115 CONFIDENTIAL SWIFT-Julian.000249 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 116 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 121 of 181 TO POSITION CONVERTER DOLLY IN FRONT OF SECOND (REAR) TRAILER 1. Release converter dolly • Release converter dolly by opening the air tank petcock. 2. Use tractor • Pick up the converter dolly and position it so it is in line with the kingpin and as close to the front of the trailer as possible. POSITION COMBINATION 1. Position combination as close as possible to converter dolly. • Move converter dolly to rear of first semitrailer and couple it to the trailer. • Lock pintle hook and secure the safety chain. • Secure dolly support in raised position. • Pull the converter dolly into position as close as possible to nose of the second semitrailer • Lower converter dolly support. • Unhook dolly from the first trailer. • Wheel dolly into position in front of the second trailer in line with the kingpin. CONNECT CONVERTER DOLLY TO FRONT TRAILER 1. Back first semitrailer into position in front of dolly tongue. 2. Hook dolly to the front trailer and secure converter gear support in raised position. • Lock the pintle hook. 3. Secure converter gear support in raised position. CONNECT CONVERTER DOLLY TO REAR TRAILER Make sure trailer brakes are locked and/or wheels choked. 1. Make sure trailer height is correct. (it must be slightly lower than the center of the fifth wheel so trailer is raised slightly when dolly is pushed under.) • Back the converter dolly under rear trailer. • Raise landing gear slightly off ground to prevent damage if trailer moves. • Test coupling by pulling against the pin of the number two semitrailer. • Make visual check on coupling. • No space should be between the upper and lower fifth wheel; locking jaws should be closed on the kingpin. 2. Connect safety chains, air hoses and light cords. • Close converter dolly air tank petcock, and shut-off valves at rear of second trailer. 3. Open shut-off valves at rear of first trailer and on dolly if so equipped. 4. Raise landing gear completely. 5. Charge the trailers by pushing "air supply" knob in. 6. Again, check the connections of the electrical cords and the air lines. – Plug the electrical cord into the socket and fasten the safety catch. – Check all airlines and electrical lines for signs of damage. – Make sure all air and electrical lines will not hit any moving parts of vehicle. They also cannot lay on our touch the ground or run on any part of the dolly's frame. This is an FMCSA violation. SECTION 3 SAFETY SYSTEMS 1. All Swift tractors have ABS, Traction Control and Roll Stability. 2. Starting mid-2015, ALL Swift tractors will come with a collision mitigation system. 3. These systems have features that can assist and warn the driver of an unsafe situation. The driver is always responsible for the safe operation of the vehicle. 4. There are three manufacturers of these systems; Bendix Wingman, Meritor ONGuard, and Freightliner Detroit Assurance. Go to Swift University for details on how to operate these systems. 116 CONFIDENTIAL SWIFT-Julian.000250 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 117 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 122 of 181 SECTION 4 – DRIVER LEADER & DISPATCH EXPECTATIONS The primary goal of the Driver Leader is to actively promote safety, service, retention, and maximize the use of driver’s available hours to work and drive to fully maximize income potential through utilization. Other responsibilities include: • Assist in keeping you safe and legal. • Assist you in on time picked up and delivery • Productive and safe operation of the fleet. • Your liaison to other departments in the Company. • Ensures you are routed home for due time off. • Assists with fuel stops and routes. • Assists in issuing advances for company items. • Assists in scheduling B-Services. • Enforces company policies & procedures. GOALS AND EXPECTATIONS Below is a list of some of the duties we expect of you: • Effective communication with your Driver Leader. • Fill out E-log data timely and accurately, including time on duty at customers and pre-trip inspections. • Pick up and deliver on time safely and legally. • Scan all paperwork on the day the load is completed. • Promote safety and drive safely. • Follow fuel route and fuel stops provided at dispatch. • Communicate special needs, such as time off, with your Driver Leader at least one week in advance. • Keep your PTA (Projected Time of Availability) accurate and your Driver Leader informed of any changes as soon as possible • Idle Percentage – Your Driver Leader and Fleet Leader will work with you to ensure you keep your idle percentage at a minimum. Some steps you can take to ensure this happens are: – Shut the truck off every chance you can (without becoming uncomfortable or unable to rest). – Open the windows in good weather. – Use the truck bunk heater – Use the cab fan instead of running the A/C. DRIVER RANKING The driver ranking system was designed to reward and recognize company drivers for their performance. We will provide you with a weekly review of how you are performing in the following areas: preventable accidents, on time pick up and delivery, and utilization. Based on your performance in each of these metrics, we will establish a rank for you through an evaluation process of specific requirements for each metric. There will be a ranking of Diamond, Platinum, Gold, Silver, or Bronze. Talk to your Driver Leader for more details. It is important to understand how to maximize your earnings potential through superior performance. DISPATCH PROCEDURES SECTION 3 Your Driver Leader is responsible for working with the Planners to provide you with your next load and get you as many miles as possible, both safely and legally. It is important for you to communicate any special requests or home time with your Driver Leader so that we can meet your needs. The decision to put you on a particular load is determined by: • Home requests • On time pick and delivery • When you will be empty and available for dispatch (Projected Time of Availability). • Hours of service to work and drive that you have available. 117 CONFIDENTIAL SWIFT-Julian.000251 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 118 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 123 of 181 The key to the entire dispatch process is communication. Be sure you have established an open line of communication with your Driver Leader. Your Driver Leader is your immediate supervisor. It is important to build a relationship based on trust and respect. Your Driver Leader can help you through most situations that may arise. Don’t be afraid to ask a question, regardless of how simple it seems. ATTITUDE AND APPEARANCE SECTION 4 Because you are the front line representative of the Company, you must maintain a professional attitude and appearance every day. To our customers and the motoring public, YOU are Swift. • Keep a positive attitude. Don’t let any personal problems get in your way of keeping a good attitude. • Always wear clean and appropriate clothing. Jeans and non-offensive t-shirts are acceptable, but button down shirts are preferred. No clothing should be torn or have any offensive language on it. (see dress code) • Keep your truck clean, inside and out. Some Swift terminals have a truck wash for your convenience. • If you ever have a problem at a customer, please contact your Driver Leader and/or ECT staff immediately. TIPS BEFORE YOU LEAVE ON A LOAD Before leaving on your trip, it is a good idea to check the following items: • Do you have enough clothes to be gone for several days? Do you have enough money to pay for food and unexpected items? • Do a pre-trip inspection of your truck and trailer to ensure that they are in proper working condition. • Check your permit book for outdated or missing permits. Get your maps out to review your route. If you have any permit or over-dimension questions, contact the Phoenix Permit Department. • Check the mileage to your destination, ensuring you have enough hours to complete the run in the allotted time, safely and legally. • Check your fuel levels. You will receive a fuel route, including any fueling recommendations with each dispatch. If you need any additional fuel, please contact your Driver Leader or ECT. • On-time pickups and deliveries are very important, so plan your trip accordingly. When planning the trip, keep in mind the weather, traffic in and around cities, meal stops, shower stops, and fueling. • If you feel the dispatch cannot be made safely and legally in the time frame allotted, let your Driver Leader know. He or she will assist with any options that may be available. These options may include assigning the load to another driver, setting up a relay, or checking for more time on the appointment. CUSTOMER SERVICE EXPECTATIONS As a company, we have hundreds of salespeople dedicated to maintaining customers and securing new business. You, as a driver, are also a full-time sales and service person. Swift has been successful because of the relationship our drivers have built with our external customers. Customer service is what we offer – if we don’t provide it, someone else will. By picking up and delivering on time, damage free, we provide the Best in Class service that our customers expect. How you look and what you say will also have a lasting impression on the customer. For many customers, service is more important than price. Good customer service includes providing accurate information regarding arrival and departure times. Be sure to send your macros for: arrival at shipper, loaded call, arrived at stop off, depart stop off, arrive at final destination, and empty call. 118 CONFIDENTIAL SWIFT-Julian.000252 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 119 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 124 of 181 SECTION 5 – LOGGING INFORMATION PROCEDURES AND COMPLIANCE THE IMPORTANCE OF LOGS As a Professional Driver for Swift Transportation, it is important to understand proper logging rules and regulations. Hours of service are regulated to ensure safer trucking operations. In simple terms, a fatigued driver is not a safe driver. The regulations are designed to keep a fatigued driver from driving, not from working. FMCSR 392.3 states that "No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle." Swift will not require you to operate a commercial motor vehicle nor will Swift discipline you in any way for refusing to operate a commercial motor vehicle while fatigued regardless of the hours available on your log. If you are transporting a High Value Load or Hazardous Materials, the locations in which you may be able to stop could be limited for security or safety considerations. If you are fatigued or ill: * Do not start a High Value Load assignment. Send a Qualcomm message indicating that you are fatigued and cannot complete the assignment, and set your PTA for an appropriate time when you will be available. * During a High Value Load assignment, find a secure place to stop, send a Qualcomm message indicating SECTION 5 that you are fatigued or ill, your exact location, and the time you anticipate being able to resume your trip. * While transporting a Hazmat load, you must only stop at a location suitable for the load you are carrying. Once stopped, send your driver leader a Qualcomm message stating the reason for your stop, your exact location, and your anticipated return to duty time. REGULATION OF HOURS The hours of service rules governing drivers are part of the Federal Motor Carrier Safety Regulations (FMCSR), issued and enforced by the Office of Motor Carriers in the Federal Highway Administration of the Department of Transportation. In those regulations, Part 395 covers hours of service rules governing drivers and gives requirements and exceptions. HOURS OF SERVICE LIMITS Hour of service regulations apply to all carriers and drivers involved in transportation of property or passengers while conducting interstate or foreign commerce. There is no distinction with regard to whether you are a Company Driver, Contract Driver, or Owner Operator. Hours of service rules are consistent for all Drivers. FEDERAL REGULATIONS The regulations on hour of service concentrate on four basic limits: 1) 11 hours driving rule. 2) 14 hours driving rule. 3) 70 hour driving rule. 4) 30 minute break. 11-HOUR DRIVING LIMIT You are only allowed to drive your truck for up to 11 total hours. A driver may drive a total of 11 hours during the 14-hour period, however, after June 30, 2013, driving is not permitted if more than 8 hours have 119 CONFIDENTIAL SWIFT-Julian.000253 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 120 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 125 of 181 passed since coming on duty unless the required 30 minutes rest break. Once you have driven a total of 11 hours, you have reached the driving limit and must be off duty for another 10 consecutive hours (or equivalent) before driving your truck again. 14-HOUR DRIVING LIMIT This window is usually thought of as a "daily" limit even though it is not based on a 24-hour period. You are allowed a period of 14 consecutive hours in which to drive up to 11 hours after being off duty for 10 or more consecutive hours. The 14-consecutive-hour driving window begins when you start any kind of work. Once you have reached the end of this 14-consecutive-hour period, you cannot drive again until you have been off duty for another 10 consecutive hours, or the equivalent of at least 10 consecutive hours off duty. Your driving is limited to the 14-consecutive-hour period even if you take some off-duty time, such as a lunch break or a nap, during those 14 hours. 70 HOUR DRIVING LIMIT. If your company does operate vehicles every day of the week, your employer may assign you to the 70-hour/8-day schedule. This means that you are not allowed to drive a commercial motor vehicle after you’ve been on duty 70 hours in any 8 consecutive days. Once you reach the 70-hour limit, you will not be able to drive again until you have dropped below 70 hours for an 8-consecutive-day period. You may do other work, but you cannot do any more driving until you get below the limit. Any other hours you work, whether they are for a motor carrier or someone else, must be added to the total. 30 MINUTE BREAK. The hours of service regulations will require that if more than 8 consecutive hours have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take an off-duty break of at least 30 minutes before driving. For example, if the driver started driving immediately after coming on duty, he or she could drive for 8 consecutive hours, take a half-hour break, and then drive another 3 hours for SECTION 5 a total of 11 hours. In another example, this driver could drive for 3 hours, take a half-hour break, and then drive another 8 hours, for a total of 11 hours. Because of this new short break provision, drivers will be able to work 13.5 hours in the 14-hour period (if they are driving after the 8th hour on duty). The driver must be off duty for at least a half hour. Meal breaks or any other off-duty time of at least 30 minutes qualifies as a break. This time does count against the 14-hour driving window. STAY AWAKE! KNOW THE DRIVING TIME RULE How many hours can you drive without being in violation? After 10 consecutive hours off duty or sleeper berth, you can drive for 11 hours. You CAN’T drive again until you have been off duty, in the sleeper berth, or any combination of the two 10 consecutive hours. ALSO, YOU CAN’T DRIVE AFTER THE END OF THE 14TH HOUR AFTER GOING TO ON-DUTY STATUS. It is absolutely against the law! This is true even if you didn’t drive during your on-duty time. This does not limit your work time to 14 hours a day. It means that after you have been on duty for 14 hours you are not safe to drive until you have had a 10 hour break. The 14 hour rule may include times logged on line 1, 2, 3 or 4 so it’s very important to understand how to count your hours. SLEEPER BERTH You are allowed to split your rest break by utilizing the Sleeper Berth Option. But remember, you are still limited by the driving time rule. You do not need to take all of your sleeper berth time at once. You can obtain 10 hours off in two (2) separate periods. Eight hours must be in the sleeper berth and the remaining 2 hours can be in the sleeper or off duty but will count toward the 14 hour rule. Drive for part of your 11 hours. Then use a qualified split break option of either 8 consecutive hours in the sleeper berth or at least 2 hours off-duty and/or sleeper berth. Drive the rest of your 11 hours and go into the sleeper berth again to finish your 10 hours of rest before driving again. 120 CONFIDENTIAL SWIFT-Julian.000254 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 121 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 126 of 181 After your sleeper-berth time, can you drive 11 hours? Note: Don’t forget the time you were driving in between the sleeper-berth periods. You had not rested ten hours yet. So subtract the previous driving time in between the two sleeper-berth periods from the allowed eleven hours to figure your hours left to drive. You can be on duty 70 hours in any continuous eight day period if you are an interstate driver. Drivers must keep a log for every day, including days off. Even if you go on vacation or miss work for a few days, you need to show it on a log. CANADIAN HOURS OF SERVICE REGULATIONS Prior to accepting a load and/or operating a commercial vehicle in Canada you must comply with these Canadian requirements to be legal: 1. Prior to accepting a load into Canada, ensure you have in your possession a copy of your previous 14 days logs. 2. Ensure you have taken a minimum of 24 consecutive hours off duty within the previous 14 days. 3. While in Canada and when restarting the 70 hour clock, a total of 36 consecutive hours must be taken off to be legal. 4. While in Canada, comply with the United States 11, and 14 hour rules. This will ensure your log book is legal when you cross the border into the United States. United States versus Canada Driver Hours 11 Drive Hours 13 Work Hours – 14 Work Hours – 16 Work Week (70 hours 8 days) Work Week (70 hours 7 days and 140 hours in 14 days) SECTION 5 Note the Canada work week – it is actually stated as 140 hours in 14 days. Log-in using your driver code with a 'd' in front of it. Your password is the last four (4) of your social security number. Log-out, you will need to logout if you are doing one of the following. 1. Leaving the truck with the shop. 2. Switching trucks. 3. If you will be away from the truck for an extended period of time. The active driver is the driver who is driving the truck. If you are a team and your co-driver starts driving, then you must change the status to whoever the active driver is. Before moving the truck, always check that you are logged into the unit prior to driving. This will help avoid unassigned driving events. Driving the truck while logged off the unit is PROHIBITED. E-logs-display logs, if a team uses the dropdown box by name to select whose logs to display. Changing duty-you should always include a note with every change in status. Please ensure your 10 hour break is a full 10 hours, as it's to the minute with E-logs. If you are short you will be in violation. Editing/Approving Logs-you need to approve each days logs. Use the scissor icon to split a log. This is to make sure a correction when you forget to change status. Your DSSC, TSC or log support department can assist you with editing your logs. To put in your load information use the update button. Macro 32 must be done daily at the end of each shift. 121 CONFIDENTIAL SWIFT-Julian.000255 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 122 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 127 of 181 Note: The MCP200 will automatically change from driving to on duty not driving when you stop and back to driving, and it will automatically calculate all FMCSR regulations and exemptions. HOS Logs are accurate to a single minute, giving back that precious drive time. INFORMATION REQUIRED ON YOUR LOG There are many items required on your paper log; some are flexible, some are not. These are items Swift requires. 1. DATE ON THE LOG. Please use only numbers and the first set of boxes is the month, the second is the day and the third is the year. Use only zeros with a value. (The zero in 01 has no value, however the zero in 10 does.) 2. TEAM MILES. This is the total distance a truck moved from midnight to midnight. CAUTION: Use this field only for team trucks. 3. DRIVER MILES. This is the total distance you drove the truck today. 4. DRIVER CODE. Please print your driver code here. 5. MULTIPLE OFF DUTY DAYS. When you have more than one day off and are off duty for the entire day you may use this box to record several days off. The log date must be the first day off. 6. TRACTOR NUMBER. Enter the identification number of the tractor(s) you are driving today. 7. TRAILER NUMBER. Enter the identification number of the trailer(s) you are pulling today. 8. CO-DRIVER’S NAME. Please print the name of your co-driver if you have one in this space. 9. DRIVER’S SIGNATURE. Please sign your log using your legal signature. 10. GRAPH GRID. This is where you record your record of duty status F.M.C.S.R. 395.8(h) 11. RECAP. Please record the number of hours you have worked for the past 7 days, the totals and the number of hours you have available to work today as well as the number of hours you have been on duty today. SECTION 5 12. TOTAL HOURS OF SERVICE. All hours of service must be totaled to the right of the grid and must accurately reflect the hours worked and they must total 24 hours. F.M.C.S.R. 395.8(f) (11). 13. REMARKS SECTION. Please enter any remarks, locations, etc. in this area. You must spell the name of each location in full. State names may be abbreviated. 14. TRIP NUMBER. This is the Swift Bill of Lading number. One is assigned to each trip. Remember if you are empty you are either under your last trip # or if you are proceeding to your next load you are under your next trip #. If a deadhead trip # is issued use that number in this space. In addition drivers may choose to enter the customer Bill of Lading # in the remarks area of the log. 15. POST TRIP VEHICLE INSPECTION REPORT. This is the report required for each driver at the completion of each day’s work.F.M.C.S.R.396.11 AND 396.13 16. ON DUTY (not driving). Means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On duty time shall include: (1) All time at a plant, terminal, facility or other property of a motor carrier or shipper or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; (2) All time inspecting, servicing or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper birth; (5) All time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle or in giving or receiving receipts for shipments loaded or unloaded; (6) All time repairing, obtaining assistance or remaining in attendance upon a disabled commercial motor vehicle; 122 CONFIDENTIAL SWIFT-Julian.000256 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 123 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 128 of 181 (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; (8) Performing any other work in the capacity, employ or service of a motor carrier; and (9) Performing any compensated work for a person who is not a motor carrier. ADDITIONAL LOGGING REQUIREMENTS 1. ILLEGIBLE LOG ENTRIES All entries must be legible and in the driver’s own handwriting. FMCSR, 395.8(f)(2). Note: Drivers using a PC-based logging program MUST sign the logs with their own signature. An electronic or computer-generated signature is illegal. 2. SOURCE DOCUMENTATION All times and dates on documents, receipts, etc. must match all times, dates on driver’s daily log sheets. A drivers log may also be verified by using these records 3. MISSING LOGS To avoid missing logs, at the conclusion of each trip all drivers will as soon as possible, scan their completed logs at a Swift Terminal using the Informer Kiosk. Drivers should utilize Swift facilities when possible. However, if the Driver cannot get to a Swift Terminal in a reasonable amount of time, the driver may scan the logs at approved truck stops. Generally, Pilot and Love’s truck stops will provide scanning services. All logs must be scanned within 14 days of the date of the log per Regulation, 395.8. ll electronic logs should be approved daily. 4. HOURS OF DRIVING SECTION 5 No driver shall drive more than 11 hours following ten (10) consecutive hours of "off duty" time or drive for any period after having been "on duty" 14 hours following ten (10) consecutive hours of "off duty". FMCSR395. No driver shall drive after being "on duty" for more than 70 hours for any period of eight (8) consecutive days. FMCSR 395.3. Unless the driver has accumulated 34 consecutive hours "off duty" then the 70 hours may be reset to zero. 5. ABBREVIATED LOG ENTRIES Log entries that may be abbreviated are the: state, date, and references in the remarks section. This is a Swift policy. 6. MULTIPLE STOPS In such cases, the sum of all stops should be shown on a continuous line as on-duty (not driving). The aggregate driving time between such stops should be entered on the log immediately following the on-duty entry. The name of the city or town must appear in the remarks section. 7. CORRECTIONS ON A LOG Any method of correction is acceptable as long as it does not negate the obligation of the driver to certify by his/her signature that all entries are true and correct. Drivers should use "White Out" liquid paper to make current corrections to logs. 8. CORRECTED LOGS If you find that you have made a mistake on a log already turned into Swift, you can recreate the log with the corrections on it and rescan it. The only requirement is that it must be within 13 days of the creation of the original and it must have the words "CORRECTED COPY" in the remarks section of the log page. 9. POST TRIP INSPECTION REPORT This report must be filled out by each driver on the truck at the end of each driver’s daily work. Please make sure you record all items failed or if the equipment was in good operating condition, check the appropriate box. Remember to SIGN on the line that says "SIGNATURE OF DRIVER MAKING REPORT". 123 CONFIDENTIAL SWIFT-Julian.000257 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 124 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 129 of 181 10. PERSONAL USAGE OF COMMERCIAL VEHICLE Owner Operators and their employees may record personal usage, as defined by this policy, of vehicles leased to Swift Transportation, as Off-duty Driving. All driving not defined by this Policy as Personal Usage/Personal Conveyance shall be recorded as On Duty Driving, in compliance with FMCSR 395.2. Company Drivers are required to record all driving of Commercial Motor Vehicles operating under Swift Transportation Operating Authority, as On-Duty Driving. Swift Transportation Policy for Personal Conveyance Driving: 1. All Personal Conveyance driving shall be "bobtail tractors only. Any driving with a trailer, connected to the tractor, including an empty trailer, shall be On-Duty Driving. 2. Driving from a Swift customer or vendor location en route to the Driver’s Terminal, normal work reporting location, en route lodging or home shall be considered On-duty Driving. 3. Driving which repositions a vehicle for more favorable dispatch, shall be considered to be in support of a business involved in commerce, and considered to be On-duty Driving. 4. Cumulative Off-duty driving time (Personal Conveyance) shall be limited to three (3) hours per day; "per day" is defined as midnight to midnight. 5. With regard to the FMCSR 395.8, Regulatory Guidance, Question # 26, this policy stipulates: a. Driving from the Driver’s Terminal of normal work-reporting location and His/her home may be considered Off-duty driving. b. Driving to return to the Terminal or normal work-reporting location from the Driver’s home may be considered Off-duty driving. c. Drivers who drive to their home in an Off-duty status, and are then Dispatched from their home without returning to the Terminal or normal Work-reporting location shall be considered On-duty driving when departing from home. d. Time spend travelling short distances from a driver’s en route lodging (such as terminals or motels) to restaurants in the vicinity of such Lodging may be considered Off-duty driving). SECTION 5 124 CONFIDENTIAL SWIFT-Julian.000258 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 125 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 130 of 181 KEEPING/PRINTING YOUR LOGS Please be advised that because motor carriers, including Swift are required to only retain logs for 180 days, it is your responsibility to print Logs out periodically as needed. For your information, you can use the Swift SECTION 5 Kiosk and go into Safety, Training and HOS. There also is a Web Site you can use to print your logs for tax purposes. The Web Site is: https//dhos.myqualcomm.com/dhm/. You will need to access this using the same ID and Password use with your Qhos; including the "D" in front of your driver code. LOCAL DRIVERS AND TIME CARDS Local drivers are subject to Federal Hours of Service Regulations and must complete time cards or logs as required in FMCSR 395 (e)(1). SWIFT TRANSPORTATION IN COMBINATION WITH FEDERAL REGULATION RULES Contents of the record of duty status The logbook must include the following information for each day logged: 1. DATE – Use numbers only when noting the date. 2. TOTAL MILES DRIVEN TODAY – Miles driven by the Driver. For team operations, total distance truck moved today only. 3. TRUCK OR TRACTOR & TRAILER NUMBER(S). 4. NAME OF CARRIER – Preprinted on log. 5. DRIVER’S SIGNATURE/CERTIFICATION & DRIVER’S CODE. 6. 24 – HOUR PERIOD STARTING TIME. 7. MAIN OFFICE ADDRESS – Preprinted on log 8. REMARKS – Locations where change of duty station occurs. 9. NAME OF CO-DRIVER – If none, leave blank. 10. TOTAL HOURS – At right of grid. 11. TRIP NUMBER. 12. POST-TRIP DRIVER’S VEHICLE INSPECTION REPORT. 13. PRE-TRIP VEHICLE INSPECTION – On-Duty, not driving for each Driver, after 8 or more hours (off duty or sleeper berth), each change of equipment.. 125 CONFIDENTIAL SWIFT-Julian.000259 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 126 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 131 of 181 14. CITIES SPELLED OUT IN FULL WITH STATES ABBREVIATED 15. NO HIGHWAY NUMBERS, EXITS, REST AREAS WITHOUT THE NEAREST TOWN, CITY, AND STATE. 16. OFF DUTY LOGS CAN BE COMBINED WITH CONSECUTIVE DAYS OFF-As long as it is only in one month. Also, please record the number of days and list location. 17. FUELING – All time fueling On-Duty Not Driving. 18. LOADING AND UNLOADING – All time spent On-Duty Not Driving for each occurrence. 19. DROP 20. Hook ** QUALCOMM TRACKING, BILLS OF LADING, TOLL RECEIPTS, AND FUEL RECEIPTS must match logs. No Driver Leader or operations representative shall schedule or assign a load without sufficient hours for the driver to complete the trip legally and will not permit any driver to exceed the eleven (11), fourteen (14), or seventy (70) hour limits. 395.1: SCOPE OF RULES IN THIS PART. (a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (r) of this section. (2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles. (b) Driving conditions —(1) Adverse driving conditions. Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§ 395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours beyond the maximum time allowed under §§ 395.3(a) or 395.5(a) to complete that run or to reach a place ofering safety for the occupants of the commercial motor vehicle and security for the commercial SECTION 5 motor vehicle and its cargo. (2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency. (e) Short-haul operations —(1) 100 air-mile radius driver. A driver is exempt from the requirements of § 395.8 if: (i) The driver operates within a 100 air-mile radius of the normal work reporting location; (ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours; (iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty; (B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty; (iv)(A) A property-carrying commercial motor vehicle driver does not exceed the maximum driving time specified in § 395.3(a)(3) following 10 consecutive hours off duty; or (B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (A) The time the driver reports for duty each day; (B) The total number of hours the driver is on duty each day; (C) The time the driver is released from duty each day; and (D) The total time for the preceding 7 days in accordance with § 395.8(j)(2) for drivers used for the first time or intermittently. (g) Sleeper berths —(1) Property-carrying commercial motor vehicle —(i) In general. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§ 395.2 and 393.76 of this subchapter, (A) Must, before driving, accumulate 126 CONFIDENTIAL SWIFT-Julian.000260 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 127 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 132 of 181 (1) At least 10 consecutive hours off duty; (2) At least 10 consecutive hours of sleeper-berth time; (3) A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours; or (4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of this section; (B) May not drive more than the driving limit specified in § 395.3(a)(3)(i), or, in the case of drivers in Alaska, the driving limit specified in § 395.1(h)(1)(i)-(ii), following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section. However, driving is permitted only if 8 hours or fewer have passed since the end of the driver's last off-duty break or sleeper-berth period of at least 30 minutes; and (C) May not drive for more than the period specified in § 395.3(a)(2), or in the case of drivers in Alaska, the period specified in § 395.1(h)(1)(ii), after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)-(4) of this section; and (D) Must exclude from the calculation of the 14-hour period in § 395.3(a)(2) any sleeper-berth period of at least 8 but less than 10 consecutive hours. (ii) Specific requirements. The following rules apply in determining compliance with paragraph (g)(1)(i) of this section: (A) The term "equivalent of at least 10 consecutive hours off duty" means a period of (1) At least 8 but less than 10 consecutive hours in a sleeper berth, and (2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof. (B) Calculation of the driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section. (C) Calculation of the 14-hour period in § 395.3(a)(2) includes all time—or, for calculation of the 20-hour period in § 395.1(h)(1)(ii) for drivers in Alaska, all on-duty time—except any sleeper-berth period of at least SECTION 5 8 but less than 10 consecutive hours and up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 but less than 10 consecutive hours in the sleeper berth; compliance must be recalculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section. (C) Calculation of the 14-hour period in § 395.3(a)(2) includes all time except any sleeper-berth period of at least 8 but less than 10 consecutive hours and up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 but less than 10 consecutive hours in the sleeper berth; compliance must be re-calculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section. (3) Passenger-carrying commercial motor vehicles. A driver who is driving a passenger-carrying commercial motor vehicle that is equipped with a sleeper berth, as defined in §§ 395.2 and 393.76 of this subchapter, may accumulate the equivalent of 8 consecutive hours of off-duty time by taking a combination of at least 8 consecutive hours off-duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing: (i) Neither rest period is shorter than two hours; (ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours; (iii) The on-duty time in the period immediately before and after each rest period, when added together, does not include any driving time after the 15th hour; and (iv) The driver may not return to driving subject to the normal limits under § 395.5 without taking at least 8 consecutive hours off duty, at least 8 consecutive hours in the sleeper berth, or a combination of at least 8 consecutive hours off duty and sleeper berth time. (2) Passenger-carrying commercial motor vehicle. The provisions of § 395.5 do not apply to any driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska. A driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska must not drive or be required or permitted to drive— (i) More than 15 hours following 8 consecutive hours off duty; (ii) After being on duty for 20 hours or more following 8 consecutive hours off duty; 127 CONFIDENTIAL SWIFT-Julian.000261 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 128 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 133 of 181 (iii) After having been on duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day in the week; or (iv) After having been on duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day in the week. (3) A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions (as defined in § 395.2) may drive and be permitted or required to drive a commercial motor vehicle for the period of time needed to complete the run. (i) After a property-carrying commercial motor vehicle driver completes the run, that driver must be off duty for at least 10 consecutive hours before he/she drives again; and (ii) After a passenger-carrying commercial motor vehicle driver completes the run, that driver must be off duty for at least 8 consecutive hours before he/she drives again. Citation: [57 FR 33647, July 30, 1992, as amended at 58 FR 33777, June 21, 1993; 60 FR 38748, July 28, 1995; 61 FR 14679, Apr. 3, 1996; 63 FR 33279, June 18, 1998; 68 FR 22515, Apr. 28, 2003; 68 FR 56211, Sept. 30, 2003; 70 FR 50071, Aug. 25, 2005; 72 FR 36790, July 5, 2007; 72 FR 55703, Oct. 1, 2007; 72 FR 71269, Dec. 17, 2007; 76 FR 25590, May 5, 2011; 76 FR 81186, Dec. 27, 2011; 77 FR 7544, Feb. 23, 2012; 78 FR 16195, Mar. 14, 2013; 78 FR 58484, Sept. 24, 2013] No Driver Leader or operations representative shall schedule or assign a load without sufficient hours for the driver to complete the trip legally and will not permit any driver to exceed the eleven (11), fourteen (14), or seventy (70) hour limits. No driver shall accept a load if he/she does not have sufficient hours to legally complete the trip. No Driver will falsify records of duty status (logs) or exceed the eleven (11), fourteen (14), or seventy (70) hour limits. Disciplinary action for violations shall include but are not limited to: SECTION 5 DISCIPLINE & CORRECTIVE ACTION OUTLINE Safety Performance Review: consists of a review of a driver’s entire safety performance including length of service, crashes/incidents, road reports, citations/violations and log violations. The findings of the review may result in further disciplinary action which may consist of any of the following: suspension, probation, log class, safety notice or termination of employment. Discipline process will begin the first day of the month following the drivers hiring date. Any violations found during the hiring month will generate an Alert Notification for the Driver Leader to address with the driver. 128 CONFIDENTIAL SWIFT-Julian.000262 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 129 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 134 of 181 MONTHLY VIOLATIONS AUDIT COMPANY DRIVER Safety Review Notification Log Class Probation Driving Suspension Mentor Status Suspension Termination Level 1 PCR GROUP Level 2 PCR PERSONALIZED Level 3 PCR GROUP 3 DAY 60 DAY Level 4 X PCR PERSONALIZED/GROUP X 3 OR 5 DAY 60 DAY X Level 5 X PCR PERSONALIZED/GROUP X 3 OR 5 DAY 60 DAY X SWIFT HAND AUDITS (FALSIFICATION) COMPANY DRIVER Safety Review Notification Log Class Probation Driving Suspension Mentor Status Suspension Termination Level 1 PCR GROUP Level 2 PCR PERSONALIZED 3 DAY 60 DAY Level 3 X PCR GROUP X 3 OR 5 DAY 60 DAY X Level 4 X PCR PERSONALIZED/GROUP X 3 OR 5 DAY 60 DAY X § 395.2: DEFINITIONS. As used in this part, the following words and terms are construed to mean: Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of SECTION 5 information known to the person dispatching the run at the time it was begun. Agricultural commodity means any agricultural commodity, nonprocessed food, feed, fiber, or livestock (including livestock as defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471] and insects). Automatic on-board recording device means an electric, electronic, electromechanical, or mechanical device capable of recording driver's duty status information accurately and automatically as required by § 395.15. The device must be integrally synchronized with specific operations of the commercial motor vehicle in which it is installed. At a minimum, the device must record engine use, road speed, miles driven, the date, and time of day. Driving time means all time spent at the driving controls of a commercial motor vehicle in operation. Eight consecutive days means the period of 8 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period. Multiple stops means all stops made in any one village, town, or city may be computed as one. On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include: (1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; (2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All driving time as defined in the term driving time; (4) All time in or on a commercial motor vehicle, other than: (i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter; (ii) Time spent resting in a sleeper berth; or 129 CONFIDENTIAL SWIFT-Julian.000263 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 130 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 135 of 181 (iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth; (5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; (7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; (8) Performing any other work in the capacity, employ, or service of, a motor carrier; and (9) Performing any compensated work for a person who is not a motor carrier. Seven consecutive days means the period of 7 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period. Sleeper berth means a berth conforming to the requirements of § 393.76 of this chapter. Transportation of construction materials and equipment means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project) within a 50 air mile radius of the normal work reporting location of the driver. This paragraph does not apply to the transportation of material found by the Secretary to be hazardous under 49 U.S.C. 5103 in a quantity requiring placarding under regulations issued to carry out such section. Twenty-four-hour period means any 24-consecutive-hour period beginning at the time designated by the SECTION 5 motor carrier for the terminal from which the driver is normally dispatched. Citation: [57 FR 33648, July 30, 1992, as amended at 59 FR 7515, Feb. 15, 1994; 59 FR 60324, Nov. 23, 1994; 60 FR 38748, July 28, 1995; 61 FR 14679, Apr. 3, 1996; 63 FR 33279, June 18, 1998; 72 FR 36790, July 5, 2007; 75 FR 17245, Apr. 5, 2010; 76 FR 25590, May 5, 2011; 76 FR 81187, Dec. 27, 2011; 77 FR 28451, May 14, 2012] § 395.3: MAXIMUM DRIVING TIME FOR PROPERTY-CARRYING VEHICLES. (a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements: (1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty; (2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty. (3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section. (ii) Rest breaks. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes. (b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after— (1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or (2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week. 130 CONFIDENTIAL SWIFT-Julian.000264 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 131 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 136 of 181 § 395.8: DRIVER'S RECORD OF DUTY STATUS. (a) Except for a private motor carrier of passengers (nonbusiness), every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24 hour period using the methods prescribed in either paragraph (a)(1) or (2) of this section. (1) Every driver who operates a commercial motor vehicle shall record his/her duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms. (2) Every driver who operates a commercial motor vehicle shall record his/her duty status by using an automatic on-board recording device that meets the requirements of § 395.15 of this part. The requirements of this section shall not apply, except paragraphs (e) and (k)(1) and (2) of this section. (b) The duty status shall be recorded as follows: (1) "Off duty" or "OFF." (2) "Sleeper berth" or "SB" (only if a sleeper berth used). (3) "Driving" or "D." (4) "On-duty not driving" or "ON." (c) For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded. Note: If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation. (d) The following information must be included on the form in addition to the grid: SECTION 5 (1) Date; (2) Total miles driving today; (3) Truck or tractor and trailer number; (4) Name of carrier; (5) Driver's signature/certification; (6) 24-hour period starting time (e.g. midnight, 9:00 a.m., noon, 3:00 p.m.); (7) Main office address; (8) Remarks; (9) Name of co-driver; (10) Total hours (far right edge of grid); (11) Shipping document number(s), or name of shipper and commodity; (e) Failure to complete the record of duty activities of this section or § 395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable for prosecution. (f) The driver's activities shall be recorded in accordance with the following provisions: (1) Entries to be current. Drivers shall keep their records of duty status current to the time shown for the last change of duty status. (2) Entries made by driver only. All entries relating to driver's duty status must be legible and in the driver's own handwriting. (3) Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver's duty status record. (4) Total miles driving today. Total mileage driven during the 24-hour period shall be recorded on the form containing the driver's duty status record. (5) Commercial motor vehicle identification. The driver shall show the number assigned by the motor carrier, or the license number and licensing State of each commercial motor vehicle operated during each 24-hour period on his/her record of duty status. The driver of an articulated (combination) commercial motor vehicle shall show the number assigned by the motor carrier, or the license number and licensing State of each motor vehicle used in each commercial motor vehicle combination operated during that 24-hour period on his/her record of duty status. 131 CONFIDENTIAL SWIFT-Julian.000265 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 132 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 137 of 181 (6) Name of motor carrier. The name(s) of the motor carrier(s) for which work is performed shall be shown on the form containing the driver's record of duty status. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, showing a.m. or p.m., worked for each motor carrier shall be shown after each motor carrier's name. Drivers of leased commercial motor vehicles shall show the name of the motor carrier performing the transportation. (7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver's duty status record with his/her legal name or name of record. The driver's signature certifies that all entries required by this section made by the driver are true and correct. (8) Time base to be used. (i) The driver's duty status record shall be prepared, maintained, and submitted using the time standard in effect at the driver's home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver's home terminal. (ii) The term "7 or 8 consecutive days" means the 7 or 8 consecutive 24-hour periods as designated by the carrier for the driver's home terminal. (iii) The 24-hour period starting time must be identified on the driver's duty status record. One-hour increments must appear on the graph, be identified, and preprinted. The words "Midnight" and "Noon" must appear above or beside the appropriate one-hour increment. (9) Main office address. The motor carrier's main office address shall be shown on the form containing the driver's duty status record. (10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record. (11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; off duty in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid, the total of such entries shall equal 24 hours. (12) Shipping document number(s) or name of shipper and commodity shall be shown on the driver's record of duty status. (g) Graph grid. The following graph grid must be incorporated into a motor carrier recordkeeping system SECTION 5 which must also contain the information required in paragraph (d) of this section. (h) Graph grid preparation. The graph grid may be used horizontally or vertically and shall be completed as follows: (1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work. (2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in § 395.2. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.) (3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of driving time, as defined in § 395.2. (4) On duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving specified in § 395.2. (5) Location—remarks. The name of the city, town, or village, with State abbreviation where each change of duty status occurs shall be recorded. Note: If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) the highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) the highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation. (i) Filing driver's record of duty status. The driver shall submit or forward by mail the original driver's record of duty status to the regular employing motor carrier within 13 days following the completion of the form. (j) Drivers used by more than one motor carrier. (1) When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver's home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include: (i) All duty time for the entire 24-hour period; (ii) The name of each motor carrier served by the driver during that period; and 132 CONFIDENTIAL SWIFT-Julian.000266 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 133 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 138 of 181 (iii) The beginning and finishing time, including a.m. or p.m., worked for each carrier. (2) Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers. (k) Retention of driver's record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt. (2) The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and available for inspection while on duty. Note: Driver's Record of Duty Status. The graph grid, when incorporated as part of any form used by a motor carrier, must be of sufficient size to be legible. The following executed specimen grid illustrates how a driver's duty status should be recorded for a trip from Richmond, Virginia, to Newark, New Jersey. The grid reflects the midnight to midnight 24 hour period. Graph Grid (Midnight to Midnight Operation) The driver in this instance reported for duty at the motor carrier's terminal. The driver reported for work at 6 a.m., helped load, checked with dispatch, made a pretrip inspection, and performed other duties until 7:30 a.m. when the driver began driving. At 9 a.m. the driver had a minor accident in Fredericksburg, Virginia, and spent one half hour handling details with the local police. The driver arrived at the company's Baltimore, Maryland, terminal at noon and went to lunch while minor repairs were made to the tractor. At 1 p.m. the driver resumed the trip and made a delivery in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 p.m. at which time the driver started driving again. Upon arrival at Cherry Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth for a rest break until 5:45 p.m. at which time the driver resumed SECTION 5 driving again. At 7 p.m. the driver arrived at the company's terminal in Newark, New Jersey. Between 7 p.m. and 8 p.m. the driver prepared the required paperwork including completing the driver's record of duty status, driver vehicle inspection report, insurance report for the Fredericksburg, Virginia accident, checked for the next day's dispatch, etc. At 8 p.m., the driver went off duty. (Approved by the Office of Management and Budget under control number 2125-0016) Citation: [47 FR 53389, Nov. 26, 1982, as amended at 49 FR 38290, Sept. 28, 1984; 49 FR 46147, Nov. 23, 1984; 51 FR 12622, Apr. 14, 1986; 52 FR 41721, Oct. 30, 1987; 53 FR 18058, May 19, 1988; 53 FR 38670, Sept. 30, 1988; 57 FR 33649, July 30, 1992; 58 FR 33777, June 21, 1993; 59 FR 8753, Feb. 23, 1994; 60 FR 38748, July 28, 1995; 62 FR 16709, Apr. 8, 1997; 63 FR 33279, June 18, 1998; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, 28454, May 14, 2012; 77 FR 59828, Oct. 1, 2012; 78 FR 58485, Sept. 24, 2013] 133 CONFIDENTIAL SWIFT-Julian.000267 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 134 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 139 of 181 § 395.13: DRIVERS DECLARED OUT OF SERVICE. (a) Authority to declare drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to this subchapter) is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this section. (b) Out of service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part. (2) No driver required to maintain a record of duty status under § 395.8 or § 395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior seven consecutive days. (3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current. (c) Responsibilities of motor carriers. (1) No motor carrier shall: (i) Require or permit a driver who has been declared out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part. (ii) Require a driver who has been declared out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. The appropriate consecutive hours off-duty may include sleeper berth time. (2) A motor carrier shall complete the "Motor Carrier Certification of Action Taken" portion of the form MCS-63 (Driver-Vehicle Examination Report) and deliver the copy of the form either personally or by mail to the Division Administrator or State Director Federal Motor Carrier Safety Administration, at the address specified upon the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked. (d) Responsibilities of the driver. (1) No driver who has been declared out of service shall operate a SECTION 5 commercial motor vehicle until that driver may lawfully do so under the rules of this part. (2) No driver who has been declared out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. (3) A driver to whom a form has been tendered declaring the driver out of service shall within 24 hours thereafter deliver or mail the copy to a person or place designated by motor carrier to receive it. (4) Section 395.13 does not alter the hazardous materials requirements prescribed in § 397.5 pertaining to attendance and surveillance of commercial motor vehicles. Citation: [44 FR 34963, June 18, 1979, as amended at 47 FR 53392, Nov. 26, 1982; 51 FR 12622, Apr. 14, 1986; 53 FR 18058, May 19, 1988; 53 FR 38670, Sept. 30, 1988; 53 FR 47544, Nov. 23, 1988; 60 FR 38748, July 28, 1995; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, May 14, 2012] § 395.15: AUTOMATIC ON-BOARD RECORDING DEVICES. (a) Authority to use automatic on-board recording device. (1) A motor carrier may require a driver to use an automatic on-board recording device to record the driver's hours of service in lieu of complying with the requirements of § 395.8 of this part. (2) Every driver required by a motor carrier to use an automatic on-board recording device shall use such device to record the driver's hours of service. (b) Information requirements. (1) Automatic on-board recording devices shall produce, upon demand, a driver's hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the drivers' starting time at the beginning of each day. (2) The device shall provide a means whereby authorized Federal, State, or local officials can immediately check the status of a driver's hours of service. This information may be used in conjunction with handwritten or printed records of duty status, for the previous 7 days. 134 CONFIDENTIAL SWIFT-Julian.000268 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 135 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 140 of 181 (3) Support systems used in conjunction with on-board recorders at a driver's home terminal or the motor carrier's principal place of business must be capable of providing authorized Federal, State or local officials with summaries of an individual driver's hours of service records, including the information specified in § 395.8(d) of this part. The support systems must also provide information concerning on-board system sensor failures and identification of edited data. Such support systems should meet the information interchange requirements of the American National Standard Code for Information Interchange (ANSCII) (EIARS-232/CCITT V.24 port (National Bureau of Standards "Code for Information Interchange," FIPS PUB 1-1)). (4) The driver shall have in his/her possession records of duty status for the previous 7 consecutive days available for inspection while on duty. These records shall consist of information stored in and retrievable from the automatic on-board recording device, handwitten records, computer generated records, or any combination thereof. (5) All hard copies of the driver's record of duty status must be signed by the driver. The driver's signature certifies that the information contained thereon is true and correct. (c) The duty status and additional information shall be recorded as follows: (1) "Off duty" or "OFF", or by an identifiable code or character; (2) "Sleeper berth" or "SB" or by an identifiable code or character (only if the sleeper berth is used); (3) "Driving" or "D", or by an identifiable code or character; and (4) "On-duty not driving" or "ON", or by an identifiable code or character. (5) Date; (6) Total miles driving today; (7) Truck or tractor and trailer number; (8) Name of carrier; (9) Main office address; (10) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.) SECTION 5 (11) Name of co-driver; (12) Total hours; and (13) Shipping document number(s), or name of shipper and commodity. (d) Location of duty status change. (1) For each change of duty status (e.g., the place and time of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded. (2) Motor carriers are permitted to use location codes in lieu of the requirements of paragraph (d)(1) of this section. A list of such codes showing all possible location identifiers shall be carried in the cab of the commercial motor vehicle and available at the motor carrier's principal place of business. Such lists shall be made available to an enforcement official on request. (e) Entries made by driver only. If a driver is required to make written entries relating to the driver's duty status, such entries must be legible and in the driver's own handwriting. (f) Reconstruction of records of duty status. Drivers are required to note any failure of automatic on-board recording devices, and to reconstruct the driver's record of duty status for the current day, and the past 7 days, less any days for which the drivers have records, and to continue to prepare a handwritten record of all subsequent duty status until the device is again operational. (g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle an information packet containing the following items: (1) An instruction sheet describing in detail how data may be stored and retrieved from an automatic on-board recording system; and (2) A supply of blank driver's records of duty status graph-grids sufficient to record the driver's duty status and other related information for the duration of the current trip. (h) Submission of driver's record of duty status. (1) The driver shall submit, electronically or by mail, to the employing motor carrier, each record of the driver's duty status within 13 days following the completion of each record; (2) The driver shall review and verify that all entries are accurate prior to submission to the employing motor carrier; and 135 CONFIDENTIAL SWIFT-Julian.000269 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 136 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 141 of 181 (3) The submission of the record of duty status certifies that all entries made by the driver are true and correct. (i) Performance of recorders. Motor carriers that use automatic on-board recording devices for recording their drivers' records of duty status in lieu of the handwritten record shall ensure that: (1) A certificate is obtained from the manufacturer certifying that the design of the automatic on-board recorder has been sufficiently tested to meet the requirements of this section and under the conditions it will be used; (2) The automatic on-board recording device permits duty status to be updated only when the commercial motor vehicle is at rest, except when registering the time a commercial motor vehicle crosses a State boundary; (3) The automatic on-board recording device and associated support systems are, to the maximum extent practicable, tamperproof and do not permit altering of the information collected concerning the driver's hours of service; (4) The automatic on-board recording device warns the driver visually and/or audibly that the device has ceased to function. Devices installed and operational as of October 31, 1988, and authorized to be used in lieu of the handwritten record of duty status by the FMCSA are exempted from this requirement. (5) Automatic on-board recording devices with electronic displays shall have the capability of displaying the following: (i) Driver's total hours of driving today; (ii) The total hours on duty today; (iii) Total miles driving today; (iv) Total hours on duty for the 7 consecutive day period, including today; (v) Total hours on duty for the prior 8 consecutive day period, including the present day; and (vi) The sequential changes in duty status and the times the changes occurred for each driver using the device. SECTION 5 (6) The on-board recorder is capable of recording separately each driver's duty status when there is a multiple-driver operation; (7) The on-board recording device/system identifies sensor failures and edited data when reproduced in printed form. Devices installed and operational as of October 31, 1988, and authorized to be used in lieu of the handwritten record of duty status by the FMCSA are exempted from this requirement. (8) The on-board recording device is maintained and recalibrated in accordance with the manufacturer's specifications; (9) The motor carrier's drivers are adequately trained regarding the proper operation of the device; and (10) The motor carrier must maintain a second copy (back-up copy) of the electronic hours-of-service files, by month, in a different physical location than where the original data is stored. (j) Rescission of authority. (1) The FMCSA may, after notice and opportunity to reply, order any motor carrier or driver to comply with the requirements of § 395.8 of this part. (2) The FMCSA may issue such an order if the FMCSA has determined that— (i) The motor carrier has been issued a conditional or unsatisfactory safety rating by the FMCSA; (ii) The motor carrier has required or permitted a driver to establish, or the driver has established, a pattern of exceeding the hours of service limitations of this part; (iii) The motor carrier has required or permitted a driver to fail, or the driver has failed, to accurately and completely record the driver's hours of service as required in this section; or (iv) The motor carrier or driver has tampered with or otherwise abused the automatic on-board recording device on any commercial motor vehicle. Citation: [53 FR 38670, Sept. 30, 1988, as amended at 60 FR 38748, July 28, 1995; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, May 14, 2012] 136 CONFIDENTIAL SWIFT-Julian.000270 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 137 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 142 of 181 SECTION 6 – COMPENSATION Welcome to Swift. Your payroll team is here to answer questions and assist you from 6:00 am to 4 pm (Arizona time), Monday through Friday. Call 1-800-771-6317. Or, send a Qualcomm directed message to PAYHELP. This section includes important information regarding payroll processes and tools to help you. PAYMENT OPTIONS You have the option of receiving your net pay via direct deposit to your bank account, credit to your Comdata Card, or a check sent via USPS to your resident address. Direct Deposit can be set up at a Swift Informer Kiosk at our terminal locations. • Log on to the kiosk • Go to the "My Info tab. • Then "Update your Info" • Click on "Update Your Info again • Scroll down, to view the Payroll Options • Then select "Update Direct Deposit" and follow the online instructions. COMDATA CARDS Swift’s Comdata card program can be used for • Fuel • Advances for Company Expenses • Pay • Personal Advances If you do not make an election of how you want to receive your pay, your net pay will be credited to your Comdata Card. Further information regarding how to use your Comdata card is available in the Comdata Driver Card Instruction brochure distributed during orientation and at terminal locations or online at www.cardholder.comdata.com or by calling the customer service number on the back of your card. PAY CHECKS Checks can be requested by contacting payroll and are distributed to your address of record. PAY PERIOD The pay week begins Monday and ends Sunday. Payday is every Tuesday. If a pay day falls on a banking holiday, the pay day will be the prior business day. PAY STATEMENTS Pay statements can be viewed and printed from the Informer KIOSKs located at most Swift terminals, or from www.swiftdrivers.com. Submit Macro 43 to request pay statements be mailed to your address of record or request to receive your pay statement via email by submitting your personal email address. Pending pay and pay history can be viewed on the Qualcomm using Macro 7. Pending pay is updated as SECTION 6 we process pay transactions throughout the week. SUBMITTING TRIP DOCUMENTS The bill of lading and proof of delivery documents received and signed by our customer are a requirement for Swift to be paid for the services performed. It is critical that these documents are received timely and accurately. For loads other than those transferred to another driver (t-called), deadhead loads (DH) and empty trailer moves you must submit all proof of delivery documents. To ensure that you can easily submit these documents we have three options for scanning documents and submitting electronically. 137 CONFIDENTIAL SWIFT-Julian.000271 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 138 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 143 of 181 1. Kiosk Scanning-Informer Kiosks and scanning stations are available at multiple locations in the Swift terminal network. 2. Truck Stop Scanning – We use Transflo for these scanning services available at truck stops across the nation. To find the nearest location log on to http://transfloexpress.com/locations/3. Mobile Scanning Application-Swift’s InGauge Mobile application allows you to capture documents using Apple or Android devices. Download the free app using at the Google Play or Apple store. This method does not require a trip scan sheet be completed. ACCELERATED PAY Because the proof of delivery documents are critical for all of us to be paid we have a program that rewards excellent performance in this area called Accelerated Pay. This program allows you to be paid for trips in advance of receiving the documents. Drivers eligible for accelerated pay are paid for all loads emptied during the pay period and those emptied the following Monday, Tuesday and Wednesday. All drivers are placed on Accelerated Pay from solo date. In order to remain on Accelerated Pay, you MUST submit signed bills of lading within 5 days of empty call for all loads in which you are the final driver (e-call driver). You can check your accelerated pay status by submitting Macro 47. HOW TO FILL OUT YOUR TRIP SCAN SHEET • When submitting a BOL (required on most E-call loads), receipts for reimbursements, or any other trip documentation, a Swift trip sheet must be completed in full. Complete all required information on the front of the form. Use blue or black ink, write legibly, and write in block letters within the allotted boxes. • Write from left to right – it is okay to leave empty boxes at the end if necessary. • When scanning BOLs, receipts, and logs together you will write the tractor number, trip number, driver code, and trailer number. • When submitting small receipts attach to a blank sheet of paper and submit only ONE receipt per page. SECTION 6 • If you are scanning logs only, you will check the LOGS ONLY box and write in your driver code. REMEMBER – EACH TRIP GOES WITH A SEPARATE TRIP SHEET 138 CONFIDENTIAL SWIFT-Julian.000272 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 139 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 144 of 181 PAY PACKAGES Mileage is paid on Rand McNally Household Goods Guide unless otherwise specified. Your rate of pay is based on your position and experience. Additionally, dedicated fleets may have rates of pay based on the specific needs of the customer. Students get paid an hourly rate, based on ON-DUTY DRIVING and On Duty Not-DRIVING hours as recorded and confirmed via electronic logging. If a student is on an Owner Operator unit, each day the student needs to submit a Macro 27 showing he/she was on the unit for that day to ensure fueling capability. EXPENSE REIMBURSEMENTS At times employees may incur expenses that require reimbursement. To receive reimbursement you must have prior authorization (purchase order) issued by your driver leader or another operations leader and submit a valid receipt with your trip documents. Any expense over $20 must have a purchase order with the exception of tolls, permits and scales. Repair authorization is issued by our on road repair team. Advances for expenses can be requested by sending macro 28. A driver can request up to $205 in advances per week to pay for company-related expenses. Advances of wages to cover these expenses are treated like a personal advance until the receipt is received. If you do not submit a receipt the advance will be deducted from your pay. This includes advances for repairs. Get a receipt every time you have an expense. Please write your driver code, trip number, and purchase order (PO) number (if it applies) on the front of your receipts before you submit the documents. Second seat drivers must submit their own valid receipt when they are requesting reimbursement. Swift does not reimburse for items that are for personal use including but not limited to: maps, truck accessories, phones, cleaning supplies, gloves, office supplies, meals, showers, clothing, air fresheners. CASH FUEL All cash fuel and cash DEF purchases must have prior authorization (purchase order) regardless of the amount of purchase and receipt needs to be itemized: showing type of fuel/amount of gallons and per gallon price. MOTEL Motel receipts are only reimbursed for a breakdown if no other truck is available and repairs take longer than 24 hours. If the mentor is on home time and the mentor pays for a student’s motel room, the mentor must obtain a purchase order and a valid receipt must be submitted. Swift will only reimburse the mentor for 3 consecutive days in a motel up to $60.00, per night. Any exceptions must be approved by a Driver Development Regional Leader, Terminal Leader, Fleet Leader, and/or ECT Leader. Valid motel receipts include the motel name and address, the stay dates, and daily itemized charges. LUMPER REIMBURSEMENT All requests to hire a Lumper are submitted through Macro 40. If you are authorized to hire a lumper, Swift will issue a purchase order (PO) and an advance. SECTION 6 This process is only necessary if you are paying the lumper. Many locations bill Swift for lumper services. Do not submit a lumper request for those locations. To be reimbursed for the lumper service, you must obtain a valid receipt and submit the receipt in the same manner as other trip documents (see submitting Trip Documents section). A valid lumper receipt must include the following: • Date of service 139 CONFIDENTIAL SWIFT-Julian.000273 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 140 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 145 of 181 • Lumper company name • Lumper printed name and signature • Lumper social security number or taxpayer ID number • Lumper address • Dollar amount of the lumper service • Driver signature (verifying that the above is accurate). Driver code and trip information written on the receipt (as with all other expenses). If the lumper does not have a receipt you can provide a Swift lumper receipt. An example is included below. A lumper receipt book can be obtained at any Swift terminal location. SECTION 6 140 CONFIDENTIAL SWIFT-Julian.000274 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 141 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 146 of 181 PERSONAL ADVANCES Employees are allowed to take up to $105.00 personal advance each week. This is an advance from future pay. Personal advances are attached to the trip number the employee is dispatched on at the time the advance is requested. When the trip pay processes, the personal advance will be deducted in the same pay period. This can result in multiple deductions for advances per pay period. Submit macro 29 to request a personal advance. Personal advances are automatically loaded to the your Comdata card as long as you have not already taken the advance limit, are currently under dispatch and are not in arrears with advances. A $5.00 fee is charged for each authorized personal advance unless prohibited by state law. VACATION ELIGIBILITY Vacation pay will be earned at the completion of each year of full time employment. Full-time employment is defined as twelve (12) months of active, consecutive months of employment and driving a minimum of 6,500 miles each month to qualify. Vacation may be prorated for leaves based on state and federal legal regulations. VACATION PAY Vacation pay is paid in a separate pay cycle on Friday following your anniversary date regardless of when you schedule time off. An employee will be eligible for paid vacation according to the following schedule unless otherwise specified: Completion of 1 year of service – 5 days, $400.00. Completion of 2 years, 3 years, or 4 years of service – 10 days, $1,000.00. Completion of 5 years of service or more – 15 days, $1,800.00. SCHEDULING You are encouraged to use vacation each anniversary year. You should request vacation from your Driver Leader at least two (2) weeks prior to the requested time off. PER DIEM PAY Swift offers a voluntary per diem program to our mileage paid drivers. This is a tax savings plan approved by the IRS. By enrolling in the program, you should see an increase in your net pay each week (this is based on your tax filing status). The per diem program reduces your mileage rate by $0.10 per mile for solo drivers ($0.05 per mile for team drivers) therefore reducing your gross taxable wages. We then reimburse you tax free,.085 per mile for solo drivers ($0.0425 for team) and $0.0765 for mentors thereby increasing your net pay. The per diem program does reduce your gross taxable wages for social security, worker’s compensation and unemployment purposes. We strongly recommend you contact your tax preparer to see if this program SECTION 6 will be a benefit to you. To enroll in the program, send Macro 48 from your Qualcomm at anytime. If you are enrolled in the program and wish to opt out, you may do so during the months of January, April, July and October. 141 CONFIDENTIAL SWIFT-Julian.000275 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 142 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 147 of 181 SECTION 7 – DETENTION PROCESSES AND COMPENSATION Detention is an unplanned accessorial expense for our customers. If Swift fails to meet customer billing expectations, they will not pay the detention revenue that is legitimately due to Swift. Failure to comply can result in lost revenue for Swift and ineligibility of detention pay for the driver. SECTION 7 Please take the time to read and understand the guidelines and contact the detention team if you have any questions. We are more than happy to assist! Detention Team Contact Information Avaya: 907 9086 Phoenix Local: (623) 907 9086 Toll Free: 1(877)877 9086 PowerDetention@SwiftTrans.com A delay caused by the customer or one that is deemed to be no fault of Swift or the driver is considered "detention". There are two types of detention that can be billed to Swift’s customers. 1. Power detention-is when a customer detains Swift’s driver and tractor for a time frame greater than their contractual free time. 2. Trailer detention – is when a customer fails to unload a dropped trailer within their contractual free time. Detention pay is issued when a driver or owner operator meets eligibility requirements and the delay is no fault of Swift. Drivers under the following are not eligible for detention pay: • On down time (in the sleeper berth), HOS breaks, home time, or waiting to be dispatched • The delay is at a border crossing • The delay is at a Swift terminal The below rules outline your responsibility as it pertains to compensation as well as accurate and timely billing: Detention Rule #1: Use your Qualcomm to submit arrival/departure macros promptly Through satellite positioning and other technology, the detention program is able to immediately validate that the truck is positioned on customer property. Failure to submit macros promptly upon arrival and depart may result in ineligibility of detention pay. The majority of Swift’s customers are set up to receive email notifications when a Swift driver is being detained at one of their customer facilities. Email notifications are dependent on driver macros. When macros are done properly and the detention program validates, customers receive email notices. Customer notifications were designed to inform our customers of the wait time as it is occurring so they are able to take action accordingly to assist in minimizing detention time. If the macro fails to go through, please try again. If you are still having problems, contact any Driver Leader to get assistance. Driver Leaders are able to enter manual macros, however if the driver’s "attempt" is not shown, detention pay will not be processed. It is driver responsibility to ensure macros are submitted. *** Note to Driver Leaders: The time entered must match the driver’s time. Please enter legitimate arrival/departure times and note in F2 why a manual macro was entered for the driver. *** Detention Rule #2: Hit "REPLY" and respond to every detention message sent Detention time begins calculating upon a validated arrival macro. Upon two hours of being detained, and automated Qualcomm message is sent that requires a response. These automated messages will continue hourly until the detention time has ended or eight hours, whichever comes first. 142 CONFIDENTIAL SWIFT-Julian.000276 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 143 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 148 of 181 Drivers are required to send a detailed reply to every detention message at the time they are received. Failure to reply may result in ineligibility of detention pay. *** Important Note: hit the "REPLY" button, rather than sending a free form message. "REPLY" will be seen by your Driver Leader or ECT and will ensure the response populates in the order notes for review by the detention team. SECTION 7 • Hit "REPLY" • Reply to every message sent • Be specific, professional and detailed as to why you are being detained. • Provide reason the shipper/consignee is giving for being detained, name of personnel providing the information and any other additional details that will support Swift’s pursuit of collecting detention charges. Example of unacceptable reply: still waiting or still here Example of acceptable reply: Per Mary Smith with Acme Co. load delay caused by short staffing *** IMPORTANT: Do not reply to messages if on DOT hours of service break *** Please keep in mind this information is often sent to customers for detention validation and to assist in the collection of valid detention revenue due to Swift. Please be as detailed and specific as possible. • If a customer request a live load or unload on a preload or drop, obtain the name of the person requesting the change and inform your Driver Leader immediately. The Driver Leader needs to validate the change with a CSR. • If for some reason, you are detained and do not receive automated detention messages, you must send free form message with the specific details of why you are being detained. Detention Rule #3: Follow Load Assignment Instructions Many customers have specific requirements that must be followed by drivers. Drivers are required to follow specific instructions within their load assignment notes. Failure to comply with customer requirements may result in lost revenue for Swift. In turn, detention pay becomes ineligible. Detention Rule #4: Write in and out times on BOL in local customer time (and obtain signature whenever possible) Many customers require appointment information, arrival time, departure time, and/or signatures on the BOL in order to pay for the shipment or accessorial charge. Drivers must write the in and out times on the BOL and attempt to obtain a customer signature when detention is incurred. If the customer has an automated time/date stamp, it will supersede hand written times. Ensure all times are in local customer time. If the customer personnel refuse signatures, please send detention reply with that information ("Customer would not sign") as well as adding it onto the BOL. Detention Rule #5: Remain on Customer Property While Being Detained Unless specifically requested by the customer or Swift, drivers must remain on customer property while being detained by the customer. Movement may nullify detention billing, therefore making detention pay ineligible. If being requested to leave the property, please note the name of the person instructing driver to move and the time instructed to return, and send this information in a reply to an automated detention message. Detention Rule #6: When Overweight at Shipper, Submit a Second Arrival Macro In this scenario, the driver must submit a second arrival and departure macro for every time the driver returns to the original stop. The driver must inform a Driver Leader immediately. 143 CONFIDENTIAL SWIFT-Julian.000277 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 144 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 149 of 181 The detention system is unable to validate the proper arrival and departure macros to ensure accurate detention time. The Driver Leader must make clear comments in F2 and/or submit a detention pay request accordingly. Detention Rule #7: A Late Arrival Nullifies Customer Billing as well as Detention Pay An exception could be made for detention pay in "late dispatch" situations. All other guidelines would still SECTION 7 need to be followed in order to be paid. The driver must arrive at the customer’s facility and submit their arrival macro prior to one minute past the appointment time. If a validated macro is received late, detention pay will not be processed. Detention Rule #8: A Driver Leader Must Submit a manual secondary review if the Detention Occurred at a T-Call Location or the Driver was VOIDED off the Load. When a driver has been "voided" or "T-called" off a load, the system removes any record of the driver being assigned to that load. The detention program is unable to calculate valid detention time. The Driver Leader must secondary review request to payroll through the mini menu 43 option. Ensure you provide as much detail regarding detention as possible. Detention Rule #9: Max Detention = 8 or 10 hours at the Stop The detention program works in conjunction with the payroll system. The first step of the detention pay process is to validate "time". The second step is to validate "eligibility of pay". Compensation is issued in increments of 15 minutes, after the first two hours of unpaid time has expired and up to the maximum of ten hours of time at the stop for owners and eight hours at the stop for company drivers (six or eight hours of compensated time). Detention Rule #10: If you’re Not able to Reply to detention Messages Due to Not allowed to stay in Tractor Send a message before & after detention has ended, stating that you were not allowed to stay in tractor while waiting to get loaded/unloaded. Provide information as far as reason for delay. Provide name and phone # of person telling you, you’re not allowed to stay in Tractor. The preceding rules are illustrated to aid in ensuring accurate and timely detention pay. If you ever have a question or unusual scenario you would like guidance on, please don’t hesitate to contact the Detention team. 144 CONFIDENTIAL SWIFT-Julian.000278 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 145 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 150 of 181 SECTION 8 – QUALCOMM & MACROS MCP200 (QUALCOMM UNIT) DRIVER QUICK REFERENCE Introduction The MCP200 System is a two-way, satellite communication and tracking system. Often referred to as the Qualcomm, it is installed in the vehicle and serves as a method to communicate with the terminal to receive and discuss work related details including but not limited to load, safety, customer and trip planning information. SENDING FREE-FORM MESSAGES 1. Press CREATE MSG 2. Press ENTER 3. Type the message. 4. Press SEND to display the SEND MESSAGE SCREEN. 5. Type "Y" to send the message. To not send the message, type "N", then press VIEW STATUS. SENDING "CANNED" MESSAGES 1. Press CREATE MSG 2. Type the canned message number, or press the "+" or "-" key until the desired canned message is displayed. 3. Press ENTER 4. Fill in the blanks (press ENTER to move to the next field). 5. Press SEND to display the SEND MESSAGE SCREEN. 6. Type "Y" to send the message. To not send the message, type "N", then press VIEW STATUS. SECTION 8 READING NEW MESSAGES If the Message Waiting light is on or flashing, 1. Press READ NEXT 2. Press READ NEXT again to read additional unread messages READING OLD MESSAGES Press READ PREV until the desired message is displayed NO SIGNAL LIGHT The No Signal light indicates whether or not the antenna can "see" the satellite. When this light is on, messages cannot be sent or received. However, you can create and read messages. If this light comes on, try moving the vehicle to a location clear of tall buildings or other obstructions. It is best to position the vehicle with a view to the south. NOTE: Once you have a clear view (or after system power-up), it may take several minutes for the unit to "find" the signal and for the No Signal light to go out. MESSAGE WAITING LIGHT When this light is on, new messages are waiting to be read. When this light is blinking, an emergency message has been received. Once the messages have been read, the light will go out. TRAILER NUMBERING SEQUENCES Trailer numbering is one of the most important items in the operation of the QUALCOMM SYSTEM. Failure to accurately record the proper trailer or trailers results in lost/misplaced equipment. When doing load calls, it is imperative to include ALL the equipment used for that particular dispatch. This includes congears when pulling double loads. It is not acceptable to load call only one pup when pulling more that just a single pup. Also, never send a load call and leave the current trailers as blank. If you ever receive a message requesting you send in VIN. 145 CONFIDENTIAL SWIFT-Julian.000279 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 146 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 151 of 181 & plate # for verification of trailer, it is mandatory that you get this information off the affixed metal vin plate on the trailer and the license plate attached to the rear of the trailer & send the information back via Qualcomm message. The following examples will assist in explaining our numbering system to help prevent unnecessary mistakes. 1. Trailer numbers beginning with a "T" must be entered as 6 characters (T01234, T63572, T00071). 2. Dolly numbers beginning with the letter "D" must be entered with 6 characters (D00935). The letter "D" is used for congears only. Do not confuse all congear to begin with the letter "D". Some are numbered as 945D for example which is entirely different from D00945. 3. Trailer numbers beginning with the letter "C" must be entered as "C" and the number (C2424). The number does not always require 6 characters. The "C" is the designation for the original COOPER trailers. 4. Trailer number beginning with the letter "F" must be entered as "F" and the number (F8535). The number does not always require 6 characters. The "F" is the designation for the original FULTON trailers. 5. Rental/lease trailers that are rented to SWIFT are entered with the 6 digits as on the trailer. On occasion, these may begin with an alpha character like U23759. Other examples are 053269, 633129. It is possible that lease trailers may on occasion be pulled by Swift, but are not rented to SWIFT. If this occurs, most likely you will get an "INVALID TRLR, SEND VIN & PLATE FOR VERIFICATION" message. We will then need to determine WHO the trailer is actually rented to and enter it into the system before any load calls can be done with it. Your Driver Leader knows who to contact for assistance with these situations, so consult with him/her if this occurs. 6. Containers are entered with the four alpha characters and 6 numbers only. Do not use the check digit at the end of the number (the number in the box on the container.) Example: ISCU246357 7. WEST BEST trailers: The first 2 digits of the trailer number are the length of the trailer, and the letter at the end indicates type. Example: 28128A is 28' dry van, 53069R is 53' Reefer. SECTION 8 8. Some trailers are number without any letters, but are numbers only. Our new Duraplate trailers are this way such as: 531232, 533156. 9. Some new 57' trailers which are restricted to certain lanes & states of operation are identified as beginning with a "750" series number such as 750010. These are NOT California qualified and must not enter California ever. If hooked to one of these units, check with Permits/Driver Leader before loading to ensure legality. Below are listed as some examples for your reference: A. T04919, T49123 = 48' Vans, original Swift Equipment B. T02445, T27001 = Low Cube pups C. T28888, T29123, T30123 = 28' HIGH cube pups D. T00620, R00768 = Reefers E. D00945, 963D = Congears/Dolly F. C2424, C48125 = COOPER trailer G. F8423 = FULTON trailer H. F27, F126 = FULTON roller bed trailer I. F405 = 40' FULTON van J. F3626 = 45' FULTON van K. 645256, U24526, 053262 = Rental/Lease trailer L. ALPU127526, EISU626401 = Ocean Container M. 28128A = West Best 28' dry pup N. 28123R = West Best 28' Reefer pup O. 35D = West Best congear (usually orange/brown colored) P. 750123 = Restricted use 57' van Q. 531262 = 53' Duraplate van If you are dispatched on a trailer that does not belong to Swift, ALWAYS contact your Driver Leader. 146 CONFIDENTIAL SWIFT-Julian.000280 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 147 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 152 of 181 DATE 4/25/94 SWIFT TRANSPORTATION, INC. PAGE 1 TIME 15:04:09 MACRO IN SYSTEM OMQTMACO TRIP#________ STOP#________ DATE:________ AT________ TEMP________ TO________ CUSTOMER ___________________________________ ADDRESS _____________________________________ _____________________________________ _____________________________________ CITY, ST ______________________________________ PHONE___________________ B/L________________ PLTS__________ STOPOFFS B/L________________ DRIVER RESPONSIBLE FOR LDG/UNLDG: _________ HERE IS YOUR CURRENT TRAILING EQUIP. ______________________ ____________________ ______________________ ____________________ ______________________ ____________________ COMMENTS/SPECIAL INSTRUCTIONS SECTION 8 _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ CURRENT TRAILING EQUIPMENT IS AUTOMATICALLY SENT TO YOU WITH LOAD INFORMATION Pay attention to this section as it will inform you as to what is current on your tractor at the time of dispatch in the system. In other words, what did dispatch do: did they dispatch you with your current empty trailer or did they go ahead and drop it in the computer and dispatch you on the P/U trailer or Bobtail. 147 CONFIDENTIAL SWIFT-Julian.000281 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 148 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 153 of 181 GENERAL DESCRIPTION OF SENSOR TRACS SERVICE Sensor TRACS is an optional service available on the MCP200 system. It provides capabilities similar to traditional "trip recording" for commercial vehicle operators. This document describes the operational features of Sensor TRACS. The primary components of the OmniTRACS system are the MCP200 Mobile Communication Terminals (MCTs) mounted in an OmniTRACS customer’s vehicle, the Network Management Computer (NMC), and the OmniTRACS customer’s dispatch computer. A Sensor TRACS capable MCT records vehicle data by monitoring the vehicle ignition line and sensors that measure the vehicle speed and engine RPM. On some vehicles, data may be obtained via a vehicle data link. Periodically, the MCT relays the recorded information through the NMC to the dispatch computer. To credit vehicle use to the appropriate Driver, an MCT records trip data in up to four separately identified Driver account (based on Drivers’ log-on accounts) and one "unidentified" Driver account. The MCT extracts and transmits the Drivers account data back to the dispatch computer, typically upon request from the dispatcher or automatically under certain conditions. Over-the-air extraction is the only way that recorded trip data may be obtained. In addition to recording speed and RPM data, the MCT monitors several aspects of Driver performance such as the amount of time spent exceeding the customer-defined speed or RPM threshold. A Driver may view his performance data on the MCT Display Unit, and the performance data is also part of the information that the MCT extracts and sends back to the dispatch computer. To define the standard by which Driver performance is measured, a dispatch may set certain Sensor TRACS parameters for a vehicle such as overspeed or over RPM thresholds, allowed idle time for warmup or cool down, etc. These parameters are issued over-the-air by the dispatcher via the dispatch computer. All SECTION 8 configurable parameters only become applicable to a Driver account at sign on or after account reset. SIGN ON PROCEDURE FOR SENSORTRACS: 1. PRESS OPTION KEY 2. SCROLL TO Sensor TRACS MENU 3. PRESS #2 KEY 4. ENTER TRUCK NUMBER 5. PRESS ENTER 6. REPEAT STEPS 4 & 5 7. WILL ASK YOU TO TYPE IN NAME; DO SO AND PRESS ENTER 8. MCT WILL CONFIRM THAT SIGN IN SUCCESSFUL 9. TO ACCESS ALL ENGINE PERFORMANCE SCREENS AFTER SCREEN APPEARS, PRESS ENTER TO CONTINUE NOTE The following two screens (figure 5-2 through 5-3) may be disabled for viewing by the Driver as a dispatch option. 148 CONFIDENTIAL SWIFT-Julian.000282 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 149 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 154 of 181 5.1.2 DRIVER PERFORMANCE SCREEN The performance screen (figure 5-2) is displayed when the ENTER key is pressed from the active Driver summary screen. Figure 5-2. Driver Performance Screen (pre-v 10.51) In the upper left is the active Driver ID. To the right are the current values of the warm-up/cool-down violations, and the start date and time in GMT. The second line displays the overspeed time/count/maximum, the engine time, and the current trip state. The third line displays the over RPM time/count/maximum, the driving (road) time, and the current vehicle speed. The fourth line displays the total distance, the trip count, the current intertrip idle time, and the current engine RPM. NOTE Overspeed time, engine time, road time, and intertrip idle time are displayed in minutes and seconds until elapsed time exceed one (1) hour, then time is displayed in hours and minutes. SECTION 8 149 CONFIDENTIAL SWIFT-Julian.000283 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 150 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 155 of 181 5.2 SENSOR TRACS DISPLAY SCREEN (VERSION 10.51 AND ABOVE) In newer MCT software, there are six main display screens: the active Driver summary screen, the Driver performance screen, the parameters screen, the extra performance screen, the PTO screen, and the installer screen. The following paragraphs describe these screens. 5.2.1 ACTIVE DRIVER SUMMARY SCREEN The active Driver summary screen (figure 5-4) is displayed by pressing the "1" key from the main menu Sensor TRACS screen. Figure 5-4. Active Driver Summary Screen (v 10.51+) In the upper left is the active Driver name. To the right is the current trip state. The second line displays the computed over RPM percentage: over RPM time/engine time x 100% The third line displays the engine time, the total distance, and the overidle percentage: intertrip idle time/engine time x 100% The fourth line displays the total fuel consumed, the computed fuel mileage in miles/gallon (or km/gal): SECTION 8 total distance + total fuel consumed On the far right is the computed overspeed percentage fuel consumed: overspeed time + moving time x 100% 150 CONFIDENTIAL SWIFT-Julian.000284 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 151 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 156 of 181 NOTE The following five screens (figure 5-5 through 5-9) may be disabled for viewing by the Driver as a dispatch option. 5.2.2 DRIVER PERFORMANCE SCREEN The performance screen (figure 5-5) is displayed when the ENTER key is pressed from the active Driver summary screen. Figure 5-5. Driver Performance Screen (v 10.51+) In the upper left is the active Driver name. To the right are the current values of the warm-up/cool-down violations, and the start date and time in GMT. The second line displays the overspeed time/count/maximum, the engine time, and the current trip state. The third line displays the overRPM time/count/maximum, the driving (road) time, and the current vehicle speed. The fourth line displays the total distance, the trip count, the current intertrip idle time, and the current engine RPM. NOTE Overspeed time, engine time, road time, and intertrip idle time are displayed in minutes and seconds until SECTION 8 elapsed time exceed one (1) hour, then time is displayed in hours and minutes. 151 CONFIDENTIAL SWIFT-Julian.000285 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 152 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 157 of 181 5.2.3 SYSTEM PARAMETER SCREEN The system parameter screen (figure 5-6) is displayed when the ENTER key is pressed from the performance screen. Figure 5-6. System Parameter Screen (v 10.51+) In the upper left is the active Driver name. To the right are the current values of the warm-up minimum/maximum parameters in minutes. On the far right is the current setting of the BOT mileage threshold. The second line displays the version tag, the automatic extraction period in days, the cool-down minimum/maximum in minutes, and the excessive speed threshold. The third line displays the speed calibration parameter, the EOT time threshold in minutes, and speed threshold. The fourth line displays the RPM calibration parameter, the unidentified drive beep period in minutes, and the RPM threshold. SECTION 8 152 CONFIDENTIAL SWIFT-Julian.000286 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 153 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 158 of 181 5.2.4 EXTRA PERFORMANCE SCREEN The extra performance screen (figure 5-7) is displayed when the ENTER key is pressed from the parameters screen. Figure 5-7. Extra Performance Screen In the upper left is the active Driver name. To the right is the current value of the parked idle fuel. The second line displays the excessive speed time and the coast-out-of-gear time. NOTE Coasting-out-of-gear time is displayed in minutes and seconds until the elapsed time exceeds one (1) hour; then it is displayed in hours and minutes. The third line displays the ignition violation time (see section 3.2), followed by the ignition violations count. To the right is the top gear ratio parameter followed by the current gear ratio based on the current speed and RPM. NOTE The top gear ratio feature is not fully implemented at this time. The fourth line displays the extract version parameter, followed by the "XP" if the enable extracts flag is SECTION 8 set. 153 CONFIDENTIAL SWIFT-Julian.000287 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 154 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 159 of 181 5.2.5 INSTALLER SCREEN The installer screen (figure 5-9) is displayed when the ENTER key is pressed from the PTO screen. Figure 5-9. Installer Screen The fields displayed on this screen are to aid in correct installation of Sensor TRACS and to aid in diagnosis if something goes wrong later on. In the upper left is the active Driver name. To the right is an indication of whether the input data flag for the current active Driver is set to obtain information from the J1708 bus or if the flag is disabled, data is obtained from traditional sensors. The second line displays a counter of the number of J1708 messages received from the engine controller. If this number is not incrementing steadily, then either the engine is not transmitting or the J1708 bus is not correctly connected to the MCT. At the end of the second line is a field labeled PTAG, which stands for pending parameter version tag. This field displays the version tag of the pending parameters. The pending parameters are the most recent set of parameters received form the dispatch computer. By watching this field, the installer should be able to tell when the initial configuration of the Sensor TRACS parameter set packet has been received by the MCT. The third line displays an indication of the desired data items which are available or missing from the SECTION 8 J1708 bus. Some engines may not broadcast some of the desired data items. If this is the case, one or more numbers will appear on this line. If the line contains all dashes and no numbers, then the engine is able to supply all the desired data items. The MCT will start requesting data items which do not appear after 60 seconds of operation. At this point, as is often the case, most or all of the numbers will turn into dashes and this should be considered normal operation. The numbers that may appear are defined in table 5-1. The fourth line is an indication of the currently active Sensor TRACS sensor faults. If this line contains all dashes and no numbers, then there are no currently active Sensor TRACS sensor faults. If there are currently active faults, then one or more numbers will appear on this line. The numbers which may appear are defined in table 5-2. 154 CONFIDENTIAL SWIFT-Julian.000288 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 155 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 160 of 181 SEQUENCE USED FOR EACH LOAD FROM PREPLAN TO EMPTY CALL 1. MACRO 34: Revised PTA.Use to update your PTA any time you need to adjust it. Remember, PTA is the time you will be available for your next dispatch. You can check to see what your current PTA is set for at any time by sending this macro and entering "Y" next to "Check current PTA." 2. MACRO 9: Accept your next load assignment. There are two ways to use Macro 9: a. Use to accept your next load assignment as it was sent to you. b. Use to provide an alternate ETA if needed for pick up or delivery on your next load assignment before accepting it. Do so by placing an "N" beside "driver is committed to next ld" and then enter the time for the alternate ETA. 3. MACRO 1: Arrived at shipper.* 4. MACRO 2: Loaded Call. Send this macro when loaded prior to leaving the shippers location.* 5. MACRO 16: Temperature call. This must be done twice daily to ensure temperature integrity. 6. MACRO 3: Arrival on multi-stop loads only. Please fill out the correct stop number when sending. Your first intermediate stop should be entered as stop #1 and so on.* 7. MACRO 4: Depart from stop on multi-stop loads only. Please fill out the correct stop number when sending. Your first intermediate stop should be entered as stop #1 and so on. Notice there is a field to update your ETA and PTA if needed in this macro.* 8. MACRO 5: Arrived at final destination. Please send this macro while at the final delivery location.* SECTION 8 9. MACRO 6: Empty Call. Please send this macro from the final location when empty. Notice you can update your PTA in this macro. When this macro processes normally, you will be automatically dispatched on your next load at the PTA you currently have set. This empty call must be processed to ensure fuel is connected to the correct load for Owner Operators. 10. MACRO 59: OS&D. This must be sent immediately from delivery locations to initiate the OS&D process. *Note: You will receive a message if this is done incorrectly. You must resubmit ASAP. 155 CONFIDENTIAL SWIFT-Julian.000289 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 156 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 161 of 181 SECTION 8 Utilize the properQualcomm Macro Sequence to ensure your timely dispatch and on-time service to our customers. 156 CONFIDENTIAL SWIFT-Julian.000290 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 157 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 162 of 181 Macros 01 thru 06 are called the Circle of Service Macros. They include all of the Drivers involvement with the load from pickup at the origin to delivery at the final destination. After you have received your load assignment, the following Macros will need to be sent at the appropriate times by you, the Driver. ARRIVED AT SHIPPER (MACRO'01’) This Macro will need to be sent by the Driver upon arrival at the origin location of the load. There is no data entry required. The date and time that this Macro is sent will be used to update the origin location arrival date and time status. LOADED CALL (MACRO'02’) This Macro will need to be sent by the Driver just prior to departure from the origin location of the load. The date and time this Macro is sent will be used to update the load origin departure date and time status. If picking up or dropping any trailers at this location, be sure to enter on this Macro before sending. SECTION 8 ARRIVED AT STOP (MACRO'03’) (only for loads with additional stops) This Macro will need to be sent by the Driver upon arrival at all stop locations other than the origin load location and the final destination location. The only data entry required will be the stop number (01 thru 89). The date and time that this Macro is sent will be used to update the arrival date and time status of the additional stop. Macros 2, 4 and 6 will have the ETA, PTA and Driving Hours added to them. This will take care of the requirements that Macro 10 is currently satisfying. 157 CONFIDENTIAL SWIFT-Julian.000291 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 158 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 163 of 181 DEPARTED FROM STOP (MACRO'04’) (only for loads with additional stops) This Macro will need to be sent by the Driver just prior to departure from all stop locations other than the origin load location and the final destination location. The date and time that this Macro is sent will be used to update the arrival date and time status of the additional stop. If picking up or dropping any trailers at this location, be sure to enter them on this Macro before sending. Remember that Macros (03) and (04) will not be used if the load you are hauling has just the origin pickup and a final destination drop. ARRIVED AT FINAL DESTINATION (MACRO'05’) SECTION 8 This Macro will need to be sent by the Driver upon arrival at the final destination location of the load. There is no data entry required. The date and time that this Macro is sent will be used to update the arrival date and time status of the final destination location. EMPTY CALL (MACRO'06’) This Macro will need to be sent by the Driver just prior to departure from the final destination location of the load. The date and time that this Macro is sent will be used to update the final departure status date and time. This Macro should be sent only after the trailer has been emptied at the final location. If picking up or dropping any trailers at this location, be sure to enter them on this Macro before sending. IT IS IMPERATIVE THAT THESE MACROS ARE USED IN ACCORDANCE WITH THE SEQUENCE OF EVENTS THAT TAKE PLACE DURING THE COURSE OF THE TRIP! 158 CONFIDENTIAL SWIFT-Julian.000292 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 159 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 164 of 181 MISCELLANEOUS MACROS PAYROLL REQUEST (MACRO'07’) This Macro can be used to get information regarding a particular payroll check. Always use Tuesdays date. The following is an example of the information that will be returned to you after successfully sending the Payroll Request Macro: PAY: JOHN W. DRIVER DATE: 06/16/98 GROSS PAY: 02413.56 NET PAY: 01846.31 TRIP # MILES TRIP # MILES 2350876 1379 2362234 0699 2364958 1128 DIRECT ANY QUESTIONS PERTAINING TO THIS PAYROLL TO YOUR DRVR MGR AT HOME TERM. HOME CALL (MACRO'08’) This macro is used to let your Driver Leader know you are requesting to be home by entering the location zip code and the start date. SECTION 8 You receive a message letting you know your request has been processed. ACCEPT PREPLAN (MACRO'09’) After reviewing Preplan information, the Accept Preplan (#9) Macro should be sent back notifying your Driver Leader of your commitment to the load. Enter'Y’ or'N’ if unable to accept, key a'N’ and a short comment as to why. 159 CONFIDENTIAL SWIFT-Julian.000293 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 160 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 165 of 181 DISPATCH INFORMATION PREPLAN LOAD INFORMATION Once you have accepted your preplan (Macro 09), you will receive the preplan load information. Upon receiving this information you will need to determine if this load assignment is possible for you to deliver safely and on time. Keeping in mind your hours available and the length of time the load has to get to the customer. This information will also tell you whether the load is HiValue or HazMat. In this example, the load picks up in Fort Washington, PA and has no additional stop, and the final destination is Fontana, CA. SECTION 8 In this example, the load picks up in Chicago Heights, IL and has no additional stop, and the final destination is Boise, ID. 160 CONFIDENTIAL SWIFT-Julian.000294 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 161 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 166 of 181 REQUEST DIRECTIONS (MACRO'12’) This Macro is used to get directions to any of the customer locations associated with the load. Stop 01-89 = Additional Stops The following is an example of the information that will be returned to you after successfully sending the Request Directions Macro: ** DIRECTIONS ** ORD# 2351245 STP# 02 NAME: SAVE-A-LOT 10670 ACACIA ST RANCHO CUCAMONGA CA PH: 909-483-3736 FROM FRONT YD TAKE 10 W EXIT HAVEN N. ON HAVEN E ON ACACIA TO ADDRESS (10670) If no directions are available for this customer location contact your Driver Leader. DIRECTED MESSAGE (MACRO'13’) This Macro can be used to get a message to a Swift employee other than your Driver Leader if you know SECTION 8 the persons code. 161 CONFIDENTIAL SWIFT-Julian.000295 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 162 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 167 of 181 LOAD ACKNOWLEDGEMENT (MACRO'14’) The Load Acknowledgement Macro is used to acknowledge that you have or have not received your load assignment. Type in the trip # and a "Y" if you have received your assignment and "N" if you have not received your assignment. BUMPED TO DOCK (MACRO'15’) When you arrive at a customer, shipper, consignee, or additional stop and you have to wait to dock your trailer send the Bump to Dock Macro when you actually bump the dock. This will update the date and time that you actually docked the trailer. RUNNING LATE (MACRO'22’) You will use this macro when you are running late on your delivery. Be sure to add a detailed reason for the delay. SECTION 8 162 CONFIDENTIAL SWIFT-Julian.000296 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 163 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 168 of 181 COMPANY ADVANCE MACRO (MACRO 28) PERSONAL ADVANCE MACRO (MACRO 29) SWIFT CHARITIES PARTICIPATION (MACRO 39) SWIFT CHARITIES CONTRIBUTION MACRO SECTION 8 CONTRIBUTIONS TO SWIFT CHARITIES THRU PAYROLL DEDUCTION ARE A TAX-DEDUCTIBLE GIFT. DOCUMENTATION FOR TAX REPORTING PURPOSE WILL BE PROVIDED ON YOUR PAY STUB & W-2 BY SWIFT TRANPORTATION. DRVR CODE: LAST 4 OF SSS# (N,U,C) N=NEW U-UPDATE C=CANCEL (P, 1) P=PER PAY PERIOD 1= ONE TIME CONTRIBUTION. AMOUNT TO DEDUCT $. 163 CONFIDENTIAL SWIFT-Julian.000297 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 164 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 169 of 181 REQUEST X-CALL/LUMPER PAY REQUEST This Macro is used to request additional pay for performing the listed services. INSTRUCTIONS FOR USING MACRO 40 1) This is the trip number for the load that the Driver is requesting x-pay. 2) This is the location where the Driver accomplished the work, i.e. stop that you unloaded at. 3) Self-explanatory. SECTION 8 4) This will tell us who to pay and whether it needs to be split between Team Drivers. 5) Use whatever combination is necessary to get your point across. 6) This should reflect the dollar amount needed for the lumper. Be sure to turn in a Swift lumper receipt with all blocks filled in to prevent from paying the taxes on the money used to hire the lumper service. 7) We are interested in established lumper companies, not the lumpers’ names, unless they’re independent lumpers. 8) This should be requested only if you load/unloaded the entire truck BY HAND! 9) This should be requested if you assisted in the load/unloading of the trailer. CAUTION: This is subjective (there is a ceiling, however, on the amount we’ll pay). Drivers will be paid relative to the assistance level. 10) This refers to the movement of palletized goods onto or off of the trailer. 11) This pertains to both the wrapping and removal of the plastic wrap used to help secure loads on pallets. 12) Load securing. Self-explanatory. 13) Load unsecuring. Self-explanatory. 14) This refers to the placement of pallets on the floor of the trailer or on the dock so the customer can place their product on top of them (loading and unloading). 15) The most important block of the Macro 40. Use this liberally. It will greatly enhance our ability to understand what you need. Be sure to use this block to give such information as weight and pieces loaded/unloaded, number of items, type of load/unload, i.e. pallet jacked 10 pallets to the tail; or, rolled off 632 tires; or, full unload of 732 cases; or, pulled off with pallet jack, broke down all, restacked and wrapped. REMEMBER TO EXPLAIN WHAT YOU DID AS IF THE PERSON READING THESE COMMENTS DOES NOT KNOW ANYTHING ABOUT WHAT YOU DO!!! *NOTE: Use the comments section for the trip number, amount, lumper Company name, or lumpers names, and the Tax ID number. 164 CONFIDENTIAL SWIFT-Julian.000298 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 165 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 170 of 181 COMDATA CHECKS (COMCHEK) Once the macro 40 has been sent in, X-Call will review it and issue the money on his/her comdata card along with a PO (purchase order) number. You will then need to register a comcheck to pay the lumper. To register the check you will call 1-800-741-6060. It will be an automated system and it will ask you 4 questions. 1) Drivers card number SECTION 8 2) Drivers pin number Press #1 for draft registration 3) Draft number(check number located on the top right corner) 4) Draft amount You will not receive an authorization number back. Next, the comdata card number goes on the check where it says "express code or card number". You will then continue to fill out the rest of the check to pay the lumper. • Date-Today’s Date • Pay To The Order Of-Lumper Co. Name, Lumper Name. This must be filled out completely • The Sum Of-Fill in the appropriate dollar amount, similar to writing a personnel check (i.e. One Hundred Dollars and zero cents) • Dollars-Fill in numerically the total dollar & cent amount (i.e. $100.00) • Company Name-Swift Transportation, you will also need to include your Tractor and Trip Number below this line. • Authorization Number-LEAVE BLANK • Express Code/Card No.-Card number • State/Number/Payee’s Home Number-LEAVE BLANK Note: The PO number goes on the lumpers receipt only. 165 CONFIDENTIAL SWIFT-Julian.000299 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 166 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 171 of 181 PAY STATEMENT (MACRO'43’) Swift does not send out paper statements unless requested. You can send in a macro 43 to request this option. You will receive a message confirming your request. ACCIDENT NOTIFICATION (MACRO'52’) This Macro should be used only when you have had an accident, no matter how minor the accident was. This message goes straight to the Claims Intake Advisors and they will then contact you by Qualcomm with instructions. Send all available details. Do not use this Macro for any other purpose! SECTION 8 166 CONFIDENTIAL SWIFT-Julian.000300 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 167 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 172 of 181 BREAKDOWN (MACRO'55’) This Macro is used when you have broken down on the road. The message will go right to personnel monitoring this Macro. Provide as much information that you can to assist them in determining what kind of help you require. They will respond back to your truck as soon as possible. HAZMAT (MACRO'56’) This Macro is to be used anytime a placarded load is picked up. It gives the Safety Department notification SECTION 8 that we have a hazardous material load for tracking purposes. Be sure to call the phone number listed on the Macro while at the shipper to review the safety requirements for that product. PERMITS (MACRO'57’) This Macro notifies the Permit Department that you need their assistance. It could be for over-dimensional loads or for licensing, permit, or routing questions as well. 167 CONFIDENTIAL SWIFT-Julian.000301 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 168 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 173 of 181 CERTIFICATION OF ANNUAL REVIEW (MACRO'58’) Send this Macro on an annual basis to meet the Department of Transportation requirements. You will be notified in advance that the form requires your attention. OS & D REPORT (MACRO'59’) This Macro is used anytime you have any overages, shortages, damaged, or refused goods. Send the Macro while at the consignee to ensure the quickest disposition of the product. They will give you an RA or Return Authorization number. This number needs to go on the new delivery documents. SECTION 8 168 CONFIDENTIAL SWIFT-Julian.000302 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 169 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 174 of 181 MACRO LIST MACRO 0 FREE FORM MESSAGE MACRO 1 ARRIVE AT SHIPPER MACRO 2 LOADED CALL MACRO 3 ARRIVE AT STOP # MACRO 4 DEPART FROM STOP OFF # MACRO 5 ARRIVE AT FINAL DESTINATION MACRO 6 EMPTY CALL MACRO 7 PAYROLL REQUEST MACRO 8 HOME CALL MACRO 9 ACCEPT PREPLAN MACRO 10 MACRO 11 HUB READING (After Fueling) MACRO 12 MAPTUIT DIRECTIONS MACRO 13 DIRECTED MESSAGE MACRO 14 LOAD ACKNOWLEDGMENT MACRO 15 BUMP TO DOCK MACRO 16 REEFER TEMPURATURE MACRO 17 CHRYSLER ETA MACRO 18 MAPTUIT FEEDBACK MACRO 19 BORDER CROSSING MACRO 20 HUB READING MACRO 21 SWIFT CHARITY MACRO 22 RUNNING LATE MACRO 23 SWIFT DIRECTIONS MACRO 24 MAPTUIT TERMINAL DIRECTIONS MACRO 25 AVAILABLE FOR STUDENT MACRO 26 CALIFORNIA MEEL BREAK MACRO 27 STUDENT DAILY SIGN-IN SECTION 8 MACRO 28 COMPANY ADVANCE MACRO 29 PERSONAL ADVANCE MACRO 30 SHOWS REQUEST AVAILABLE LOAD MACRO 31 LOAD OFFER ACCEPTANCE MACRO 32 D.V.I.R. (At End Of Day) MACRO 33 O/O MAINTENANCE REQUEST MACRO 34 UPDATE ETA/PTA MACRO 35 DRIVER UNLOAD MACRO 36 HOS OFF-DUTY LOGS MACRO 38 DAMAGED TRAILER REPORT MACRO 39 SWIFT CHARITIES MACRO 40 X-CALL/LUMPER PAY MACRO 41 SEND PAY STATEMENT MACRO 42 HOS ACKNOWLEDGEMENT CODE MACRO 43 PAY STATEMENT MACRO 44 SHUTTLE USE MACRO 45 O/O CONTRACT ACKNOLEDGEMENT MACRO 46 DRIVER W-2 STATEMENT MACRO 47 ACCELERATED PAY STATUS MACRO 48 PER DIEM SIGN-UP MACRO 49 RAIL YARD DROP ONLY MACRO 50 SCALE LOAD MACRO 51 WALMART FLEET ORDERS MACRO 52 ATTENTION I HAVE HAD AN ACCIDENT MACRO 53 BULK FUEL PRICE MACRO 54 JIT MACRO MACRO 55 BREAKDOWN (ONROAD) MACRO 56 DMV SELF-CERTIFICATION MACRO 57 I NEED A PERMIT MACRO 58 ANNUAL REVIEW MACRO 59 OSD (OVER,SHORT, DAMAGED) MACRO 60 COMDATA CABCARD ADVANCE REQUEST MACRO 61 DRIVER SURVEY 169 CONFIDENTIAL SWIFT-Julian.000303 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 170 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 175 of 181 SECTION 9 – STUDENT INFORMATION Student Name:___________________________________ Driver Code: _____________________________ STUDENT PERFORMANCE ASSESSMENT Scoring Low Skill Developing Proficient 1 2 3 4 5 BTW 50 BTW 100 BTW 150 BTW 200 BTW 250 BTW 300 Read and Interpret Control Systems Perform Vehicle Inspections Fueling Procedures Exercise Basic Control Execute Shifting Back and Dock Tractor-Trailer Couple Trailer Uncouple Trailer Perform Visual Search Manage and Adjust Vehicle Speed Manage and Adjust Vehicle Space Relations Check and Maintain Vehicle Systems and Components Diagnose and Report Malfunctions Identify Potential Driving Hazards and Perform Emergency Maneuver Identify and Adjust to Difficult and Extreme Driving Conditions Handle and Document Cargo Deal with Accident Scenes and Reporting Procedures Deal with Environmental Issues Plan Trips and Make Appropriate Decisions Use Effective Communication and Public Relations Skills Manage Personal Resources and Deal with Life on the Road Record and Maintain Hours of Service Requirements Qualcomm Theft Prevention SECTION 9 Flatbed tarping & Tie down procedures Commentary Driving & Drill Drive Score 170 CONFIDENTIAL SWIFT-Julian.000304 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 171 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 176 of 181 Student Name:___________________________________ Driver Code: _____________________________ What are the students strong points? BTW 50 ____________________________________________________________________________________ BTW 150 ___________________________________________________________________________________ BTW 200 ___________________________________________________________________________________ BTW 250 ___________________________________________________________________________________ BTW 300 ___________________________________________________________________________________ Additional road development needed BTW 50 ____________________________________________________________________________________ BTW 150 ___________________________________________________________________________________ BTW 200 ___________________________________________________________________________________ BTW 250 ___________________________________________________________________________________ BTW 300 ___________________________________________________________________________________ Additional backing development needed BTW 50 ____________________________________________________________________________________ BTW 150 ___________________________________________________________________________________ BTW 200 ___________________________________________________________________________________ BTW 250 ___________________________________________________________________________________ BTW 300 ___________________________________________________________________________________ SECTION 9 Mentor Signature ________________________________________________ Date____________________ Student Signature _______________________________________________ Date____________________ 171 CONFIDENTIAL SWIFT-Julian.000305 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 172 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 177 of 181 Student Name:___________________________________ Driver Code: _____________________________ Training Date Actual BTW Total BTW Hours Should be at Comments Driving Hours per Training Paid Day 1 6 Day 2 12 Day 3 18 Day 4 24 Day 5 30 Day 6 36 Day 7 42 Day 8 48 Day 9 54 Day 10 60 Training Date Actual BTW Total BTW Hours Should be at Comments Driving Hours per Training Paid Day 11 66 Day 12 72 Day 13 78 Day 14 84 Day 15 90 Day 16 96 Day 17 102 Day 18 108 Day 19 114 Day 20 120 Training Date Actual BTW Total BTW Hours Should be at Comments Driving Hours per Training Paid Day 21 126 Day 22 132 Day 23 138 Day 24 144 Day 25 150 Day 26 156 Day 27 162 Day 28 168 Day 29 174 Day 30 180 Training Date Actual BTW Total BTW Hours Should be at Comments Driving Hours per Training Paid Day 31 186 SECTION 9 Day 32 192 Day 33 198 Day 34 204 Day 35 210 Day 36 216 Day 37 222 Day 38 228 Day 39 234 Day 40 240 172 CONFIDENTIAL SWIFT-Julian.000306 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 173 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 178 of 181 INDEX 7 Point Brake Check.......................................59 Direct Deposit.............................................137 Accelerated Pay...........................................138 Discipline....................................................128 Accident Report.............................................79 Disclosure of Conflicts of Interest...................18 Accommodation, ADA.......................................8 Dispatch Procedures....................................117 Advances, Company.....................................163 Distracted Driving..........................................67 Advances, Personal......................................141 Distribution of Literature.................................42 Air Brake System.........................................104 Dock Policy....................................................67 Alcohol Testing Procedures.............................26 Dress Code...................................................31 Americans with Disabilities...............................8 Driver Assistance...........................................29 Animal Hazards/Seasonal Migrations..............69 Driver Classifications.....................................10 Attendance....................................................29 Driver Count for Freight...........................52, 102 Attitude and Appearance..............................118 Driver Eligibility..............................................89 At-Will Employment..........................................5 Driver Leader & Dispatch Expectations..........117 Authorized Passenger.....................................44 Driver Property...............................................42 Available Leaves............................................36 Driver Ranking.............................................117 Background Checks.......................................10 Driving Related Policies..................................43 Backing.........................................................68 Dropping Loaded Trailers.........16, 91, 92, 96, 98 Beer Loads..................................................104 Drug testing Procedures.................................26 Benefits........................................................32 Drug and Alcohol/Zero Tolerance....................20 Bereavement Leave.......................................36 Employment Policies........................................3 Border Crossing.............................................87 Employment Practices....................................10 Brakes........................................................107 Enforcement..................................................32 Breakdowns and Emergency Stops..................77 Enforcer Lock................................................97 Bunk Heaters..............................................112 Engine Retarders (Jake Brake)......................107 Business Conduct..........................................30 Equal Employment Practices.............................6 Canadian Hours of Service...........................121 Equipment Operations..................................107 Canadian Requirements.................................87 Facilities.......................................................39 Cargo Security...............................................91 FAST Card.....................................................87 CDL use........................................................49 Fatigue....................................................61, 64 Challenging Cargo and Load Stability.............105 Fifth Wheel..................................................107 Citations and Violations................54, 71, 81, 86 Flatbed Loads..............................................104 Code of Professional Conduct.........................14 FMCSA 395.1 Logbook Scope of Rules.........119 Comcheck Registration.................................165 FMLA (Family Medical Leave)..........................37 Compensation.............................................137 Fog...............................................................62 Confidential Health Information.......................35 Fuel Additive..................................................62 Confidentiality Policy......................................18 Fuel Economy......................................110, 111 Confidentiality...............................................28 Fuel Spills.....................................................72 Coupling and Uncoupling.......................113-116 Gate Security.................................................99 Crash/Cargo Claims.......................................76 Gifts from vendors.........................................30 Critical Event Recording..................................68 Gifts to supervisors.......................................30 Customer Service Expectations.....................118 Goals and Expectations................................117 SECTION 9 Damaged Equipment......................................82 Harassment & Discrimination...........................6 Deductions for Loss.......................................52 Hazardous Materials......................................70 Definitions...............................................21, 31 High Theft Area Maps................................93-95 Definitions FMCSR.......................................129 High Value Loads...........................................91 Descending Grades......................................108 Hours of Service Limits................................119 Detention Processes & Pay...........................142 How to Scale.................................................72 Diesel Engine Operation...............................109 Ice, driving on................................................62 Direct Bill Policy.............................................33 Immigration Compliance.................................11 173 CONFIDENTIAL SWIFT-Julian.000307 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page 174 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 179 of 181 INDEX Information Required on Your Log..................119 Refrigerated Loads (Reefer Loads)................105 Insider Trading...............................................30 Refusal to Submit..........................................26 Inter-Axle Differential....................................107 Reimbursements.........................................139 Internal Complaint Procedure............................9 Relatives at Work...........................................11 Intimate Relationships at work........................11 Reporting Fraud.............................................15 Items on Catwalk (rear of tractor)....................67 Right and Left Turns.......................................69 Job Duties.....................................................12 Road Failures..............................................110 Job Opportunity.............................................13 Safe Driving Practices....................................60 Job Qualification............................................44 Safe Following Distance.................................69 Keys.............................................................53 Safety Lane.................................................112 Kingpin Settings by State...............................75 Safety Procedures & Prevention......................57 Leave of Absence.....................................38, 39 Scale............................................................72 Logging Information.....................................125 Seals............................................................99 Loss of CDL..................................................47 Security & Theft Prevention.............................91 Lumper Reimbursement...............................139 Service Failures.............................................29 Maintenance...............................................110 Smoking........................................................43 Medical Examination......................................53 Smoking near hazmat....................................71 Mentor/Student Assignment...........................43 Snow............................................................62 Mountains.....................................................63 Speed Policy..................................................17 Negative Dilute Policy.....................................27 Spinner Knobs prohibited.........................53, 83 Night Driving..................................................61 Student Information.....................................170 O S & D......................................................103 Student Pay.................................................139 Off Duty Conduct...........................................18 "T" Call.......................................................103 Oil..............................................................111 Temporary Mentor..........................................44 On-Road for Tires.........................................109 Temporary Training.........................................43 On Road/Breakdown....................................110 Terminal Parking..........................................112 Out of Service Violations..............................134 Tire failure...................................................109 Outside Employment......................................19 Tire Pressure...............................................109 Overhead Clearance.......................................65 Tires, return to terminal................................109 Parking at terminals.....................................112 Top Bunk Restriction................................56, 82 Parking Trucks with Loaded Trailers.................96 Tractor Assignment........................................82 Passing.........................................................70 Trip Sheet....................................................138 Pay on Comdata..........................................137 Truck, trailer, and Theft Prevention...................91 Pay Period...................................................137 Twin Trailers................................................115 Paychecks.....................................................12 U Turns.........................................................63 Payroll Contact Number................................137 Unauthorized Electrical Equipment................112 Per Diem Pay...............................................141 Unauthorized Equipment.................................52 Performance Evaluations................................13 Unauthorized use Company Property...............19 Performance Improvement Process.................15 Unions............................................................5 Permits.........................................................86 Vacation......................................................141 Personnel Records.........................................13 Voluntary Terminations...................................13 Pet Policy................................................16, 46 Water Temperature.......................................107 PLOA (Personal Leave)...................................39 Weigh Your Loads..........................................72 Pre-Trip..........................................................57 Wind.............................................................63 Procedures & Compliance............................119 Work Injury Fraud...........................................35 Prohibited Conduct.........................................16 Work Injury....................................................35 Prohibited Passenger Conduct........................45 Workplace Violence Policy...............................31 Proper Installation of Enforcer Lock.................98 Yard Operations...........................................112 Qualcomm & Macros....................................145 174 CONFIDENTIAL SWIFT-Julian.000308 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page IBC1 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 180 of 181 CONFIDENTIAL SWIFT-Julian.000309 Swift_Driver Handbook-2016.qxp_Swift_Driver Handbook-2016 12/10/15 9:46 AM Page BC1 Case 2:16-cv-00576-ROS Document 60-4 Filed 01/06/17 Page 181 of 181 CONFIDENTIAL SWIFT-Julian.000310

Exhibit 9-10 to Declaration of Joshua Konecky

EXHIBIT 9 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 2 of 31 Page 1 1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF ARIZONA 4 PAMELA JULIAN, on his own 5 behalf, and on behalf of 6 others similarly situated, 7 Plaintiffs, 8-against-9 Case No. 2:16-CV-00576-ROS 10 SWIFT TRANSPORTATION, INC. 11 and SWIFT TRANSPORTATION 12 CO. OF ARIZONA, LLC, 13 Defendants. 14 15 16 17 18 19 DEPOSITION OF VICTOR MALCHESKY Phoenix, Arizona 20 December 2, 2016 21 22 23 24 Reported by: Judi Johnson, RMR, RPR, CRR, CLR 25 Job No: 115598 TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 3 of 31 Page 11 1 VICTOR MALCHESKY 2 central part of the United States up to about the El 3 Paso, Denver area. And then West Coast is--everything 4 west of that is Scott. 5 Q And what is the scope of responsibility of 6 these three regional safety directors? 7 A So they're overseeing the TSEs and they're 8 working with the field operations to improve safety 9 metrics. So reduce crash rates, reduce injury rates, do 10 OSHA compliance on all our facilities. 11 Q What are TSEs for the record? 12 A Terminal safety consultants. 13 Q Okay. And then the 55 or so folks you've got 14 working here with you in Phoenix, what are their titles 15 and roles? 16 A So I have a group that is my hazmat team. So 17 if we pull a hazmat load, drivers have to call in, make 18 sure their placards and everything are in line. 19 I have a compliance team that reviews 20 driver qualification files, both on the front end and 21 back end. So when a driver comes to Swift we have to 22 build that file. And then we have to maintain that file. 23 So I have a team that kind of--one part works on one 24 end, the other part of the team works on the other. I 25 have an accident review team, compliance team, and then I TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 4 of 31 Page 12 1 VICTOR MALCHESKY 2 have a log support team. 3 And then in addition to that, I have some 4 smaller groups that work with our DOT inspections, 5 citations and then our drug and alcohol compliance. 6 Q Do you have a head of each of those teams? 7 A I have three leaders here in Phoenix. 8 Q Who are they? 9 A So John Berg, he oversees the hazmat team and 10 then the compliance audit team for the driver 11 qualification files. And then I have Gavin Lomaster, who 12 is over the log support and accident review team. And 13 then Marilyn Bellamy is over the drug and alcohol 14 citations and inspection group. And then I have one 15 other individual, Sharon Mortensen, she has no direct 16 reports, she primarily does our OSHA reporting and 17 development of IT systems. 18 Q What's log support? 19 A So that team, we're on electrical logs, as you 20 know. So that team has a couple of functions the one is 21 if a driver needs help, let's say they've gotten locked 22 out of the system or they're trying to edit their logs 23 and they're having troubles, that team can help them 24 because they can see into the system that the logs are 25 retained in. So they can help the drivers with that. TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 5 of 31 Page 13 1 VICTOR MALCHESKY 2 They also perform audits of logs. 3 So they're kind of a little multifaceted. 4 They're a phone team, if you will, where they're manning 5 the phones, taking in those calls. But then they're 6 also--between those calls, they are performing audits. 7 Q Can you describe the kinds of audits that the 8 log support team does? 9 A Yeah. So they'll look at accuracy of a 10 driver's logs. So the driver under CFR 49 395.8 is 11 required to keep an accurate reflection of their time, 12 it's their document under federal law. So it's--we 13 monitor that to some extent. The system audits the logs 14 for basic compliance, but we go a little bit further. 15 So we'll take and look at when a driver 16 maybe checked in or out of a gate, when they fueled, some 17 other activities. Much like DOT would do if they were 18 doing a compliance review. So we'll do a deeper audit 19 looking at those things to ensure the drivers are logging 20 accurately. And if they're not, we have a progressive 21 discipline process for that that leads up to and 22 including termination. 23 Q Just so I'm clear and I may have to search 24 through one of these manuals to actually find a version. 25 The logs, you're talking about these--the sort of, lack TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 6 of 31 Page 16 1 VICTOR MALCHESKY 2 A Correct. 3 Q And then people in a trainee position would use 4 paper logs for training purposes only? 5 A Correct. 6 Q But those paper logs whether used for training 7 purposes or interim basis before they get inputted 8 electronically are not audited by Swift in any way? 9 A No, sir. 10 Q "No, sir," meaning I'm correct? 11 A Sorry. They are not audited, you're correct. 12 Q All right. So I think when you were talking 13 about the audits you were referring to maybe two types of 14 audits or maybe there's more. One that's sort of an 15 automatic system audit and another one that's a little 16 more deep? 17 A Correct. 18 Q Are those--are there other types that happen 19 or are those the two types? 20 A It's pretty the primary types of audits. 21 Q Okay. 22 A The electronic log system itself is auditing 23 the logs for basic compliance to the 11-and the 14-and 24 70-hour rules. So the basic rules you have to follow. 25 And it's providing immediate feedback to the driver in TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 7 of 31 Page 17 1 VICTOR MALCHESKY 2 the cab of the truck to their compliance to those rules. 3 But then we have systems that are looking 4 beyond that, looking at fueling and other things to see, 5 okay, are those things checking in correctly? But then 6 we may go deeper in a deep audit where we're looking at, 7 okay, you know, bill of ladings and when they were 8 stamped and what you were expected to be doing to ensure 9 that you're accurately recording your on-duty for 10 example. So if a driver said that they were off-duty yet 11 the shipper requires the driver to unload the load, well, 12 we know that that's not accurate then and that's a 13 falsified log. And we would hold the driver accountable 14 to falsifying that document. 15 MR. KONECKY: Can you read back that last 16 part of the answer. 17 (Whereupon, the requested portion was read 18 back by the court reporter: 19 ANSWER: "The electronic log system itself 20 is auditing the logs for basic compliance to the 11-and 21 the 14-and 70-hour rules. So the basic rules you have 22 to follow. And it's providing immediate feedback to the 23 driver in the cab of the truck to their compliance to 24 those rules. 25 "But then we have systems that are looking TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 8 of 31 Page 24 1 VICTOR MALCHESKY 2 Q What are the different categories that get 3 looked at with respect to the monthly log audits of the 4 DOT hours of service? 5 A So it will look at the 11, the 14s, the 70s. 6 It looks to see if they're taking their required 7 30-minute break. It looks to see if they're taking their 8 10-hour breaks that they're required to take. 9 Q This is a 30-minute break at eight hours? 10 A Yes. You can take it before then, but you have 11 to take it at least by the eighth hour. 12 Q Okay. Any other categories? 13 A Well, again, the back office piece is looking 14 at, you know, fuelings, gate checks, to see if, okay, 15 they were logging--much of those because of going to 16 electronic logs, they show high accuracy because the 17 system automatically moves the driver to the drive line, 18 so you had to drive to get to the gate. So it's kind of 19 difficult to falsify that when the truck is doing it for 20 you. 21 Q Okay. I mean just in terms of the categories 22 that you're looking at on the monthly log audits, it's 23 11-hour, 14-hour, the 70-hour? 24 A The breaks. 25 Q The 30-minute break at eight hours and then TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 9 of 31 Page 25 1 VICTOR MALCHESKY 2 there's something else at 10 hours or not? 3 A Well, there's a 10-hour required break that you 4 have to have. 5 Q Okay. 6 A That's what gets you a new 11-and 14-hour 7 clock. So you're looking for compliance to that. 8 Q Anything else that--any other categories in 9 the monthly log audits? 10 A Other than the fuelings and the gate checks, I 11 can't recollect the full list of what's in there. 12 Q And the fuelings and the gate checks, that is a 13 check to make sure that some--somebody is--that it's 14 not coming off as off-duty when you're fueling 15 essentially--16 A Correct. 17 Q--or when you're at a gate? 18 So then the deeper audits, the manual log 19 audits, is there a system for when they occur on an 20 employee-by-employee basis? 21 A Much of that is is if we have concern with a 22 fleet, there's reason to be concerned, we will do a fleet 23 audit. If somebody brings to our attention concern with 24 a specific driver we will do a deep audit on them. The 25 owner-operators with their use of the line 5 personal TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 10 of 31 Page 32 1 VICTOR MALCHESKY 2 look at it on your end? 3 A No, sir. 4 Q It's just sort of you kind of see something in 5 a manual audit, there's no point in which--6 A Correct. 7 Q Okay. Have you been involved or others 8 involved in situations where you've seen more sleeper 9 berth time or more off-duty time than you would expect? 10 A It's hard to say what to expect because every 11 driver, what they're dealing with is different. 12 Q I know that. I guess my question though is you 13 had mentioned, okay, if somebody had 20 hours' sleeper 14 berth time, I'm just wondering, beyond the hypothetical, 15 if you are aware of instances where there actually has 16 been some type of further inquiry or investigation or 17 questioning that you've done or somebody else has done as 18 a result of seeing a long period of off-duty time or a 19 long period of sleeper berth time. 20 Has that ever happened? 21 A Yes. 22 Q Okay. And that's something you've been 23 involved with? 24 A Yeah. 25 Q How often has that happened that you're aware TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 11 of 31 Page 33 1 VICTOR MALCHESKY 2 of? 3 A Well, I don't know. I don't keep data to that 4 extent. I mean I built that log audit team years ago and 5 so I was participating in log audits so that would be 6 something that would be indicated. You have a driver 7 showing 12 consecutive hours in the sleeper berth, that's 8 going to be noted in the audit as questionable time. 9 Because it's just--you know, if you 10 think about the sleeper berth as your bedroom, you're 11 probably not staying in your bedroom, which is very small 12 at that point, for 12 consecutive hours and never leaving 13 it. Even if they left to go use the restroom, it's still 14 off-duty time, but we want the drivers to log it 15 accurately. And so when they're doing something like 16 that it causes us to question about the accuracy of the 17 record. 18 Q When you say "questionable time," is there, is 19 that an actual term that gets used on a manual audit 20 report? 21 A Yeah. That could be verbiage that is used that 22 the driver logged 12 hours or 14 hours of sleeper berth 23 time, this is questionable. So I don't know, I wasn't 24 there, right? So we have to ask the driver, is that 25 accurate and bring it to their attention. Sometimes they TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 12 of 31 Page 38 1 VICTOR MALCHESKY 2 that. Because what it does, the audit findings then 3 become a part of that driver's individual record. So if 4 you were audited and you had a clean audit then you're 5 notified that you had a clean audit and "thank you for 6 doing a great job." 7 If you receive notification that you've 8 got issues, you may need to come in for a log class or a 9 one-on-one log class and you need to complete that safety 10 notice with your driver leader. So the drivers are made 11 aware of it either way. And it becomes part of their 12 permanent record. 13 Q Without looking at the drivers' records 14 themselves, does the AS/400--well, you may or may not 15 know this. 16 Can you sort of scroll through or do a 17 search for the notices that have been issued so you know 18 how many notices have been issued? 19 A I am not sure. 20 Q Do you know whether there's any kind of 21 coordination with human resources or payroll with respect 22 to your audits? In other words, is there any kind of 23 coordination where if there's a notice that comes out or 24 something questionable with respect to DOT recording 25 comes up, will there be any kind of coordination that TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 13 of 31 Page 39 1 VICTOR MALCHESKY 2 you're aware of with payroll to see if there's an impact 3 on whether or not the person's been paid correctly? 4 A I'm not familiar with any connection like that. 5 One may exist. I don't know of one. 6 Q Okay. So am I correct that in your time as--7 well, in safety and in doing audits with respect to DOT 8 compliance and as corporate director of safety, that you 9 don't know and haven't been made aware of any kind of 10 coordination between your monitoring or auditing and 11 payroll and human resources to make sure that all drivers 12 and trainees are paid correctly? 13 MR. BARTON: Objection. Beyond the scope. 14 A I don't know of any process. The only 15 involvement I know HR gets into, is obviously you're 16 going to terminate a driver, the operations team is the 17 one that does the termination. So they may have HR 18 involved because you're going to have a driver that's 19 going to lose their job. Nothing with respect to pay 20 that I'm aware of. Doesn't mean it doesn't exist, I'm 21 just not aware of it. 22 Q Okay. You were talking about how in the manual 23 log audits somebody might note as an example, 24 questionable time? 25 A Uh-huh. TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 14 of 31 Page 54 1 VICTOR MALCHESKY 2 Do you understand that to be a policy or 3 guideline at Swift? 4 A That's what it says: 5 "Driver must drive the maximum number of 6 hours per load whenever legally possible." 7 Q Is that consistent with your understanding of 8 the practices at Swift? 9 MR. BARTON: Objection. Outside the 10 scope. 11 But go ahead. 12 A Yeah. You want the driver to complete the load 13 so they're welcome to drive as effectively and 14 efficiently as they can to complete the load. 15 Q Do you know what "maximum number of hours per 16 load" mean? 17 A I do not know. I didn't draft this document so 18 I don't know what the intentions were. 19 MR. BARTON: Carl Dicharo talked about 20 this and testified about this. 21 MR. KONECKY: I understand. 22 BY MR. KONECKY: 23 Q The third bullet says: 24 "The student driver, whenever legally 25 possible, must be on-duty, not driving and engaged in the TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 15 of 31 Page 55 1 VICTOR MALCHESKY 2 learning process, actively studying." 3 Is that consistent with your understanding 4 of policy and procedures at Swift? 5 A I mean that's what it states. That's my 6 understanding. 7 Q And that's consistent with the policy and 8 procedure from a safety point of view as well? 9 A Well, this isn't the safety document. The 10 safety team doesn't work with the training of the 11 students. That's something driver services does. 12 Q I understand. But there's nothing--13 A I think I know where you are going. It is 14 consistent what we do require which is the accurate 15 recording of time and if you're doing these activities, 16 then the correct way to log them would be on-duty and 17 that is what my department, from a compliance standpoint, 18 would expect. 19 Q Well, does your--do you and your department 20 also expect that the drivers are going to be on-duty as 21 much as they can be during a given load to get the load 22 done within the constraints of the hours of service 23 regulations from DOT? 24 MR. BARTON: Objection. Vague. 25 Go ahead. TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 16 of 31 Page 63 1 VICTOR MALCHESKY 2 nature. So if someone read something like that and it's 3 for their own personal edification, under the 4 regulations, I would see that being logged as off-duty 5 time. 6 Q Can the driver have any--the--if somebody 7 is in the sleeper berth, can the person driving have any 8 contact with them? 9 A What do you mean by "contact with them"? 10 Q Can you communicate with somebody from the 11 driver cab, can you communicate with somebody in the 12 sleeper berth? 13 A Well, physically, yeah, you're right there. I 14 guess I'm not--like you and I sitting here, we can 15 talk. So I guess I'm not following your question. 16 Q When you're in the sleeper berth, you can be in 17 communication with the driver? 18 A Yeah. 19 Q And the driver can be in communication with 20 you? 21 A Absolutely. I know of no regulations that 22 prohibit that. 23 Q And are there instances where somebody driving 24 the vehicle is in communication with somebody in the 25 sleeper berth? TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 17 of 31 Page 64 1 VICTOR MALCHESKY 2 MR. BARTON: Objection. Beyond the scope. 3 Speculative. Lack of foundation. 4 A I mean, I guess, hey, do you need to go use the 5 restroom? There's a truck stop coming up. You're asking 6 me to speculate on what possible communications could 7 exist. I can't. 8 Q Well, do you know one way or the other if, you 9 know, drivers that would communicate with somebody in the 10 sleeper berth for assistance in terms of directions or 11 something else as they're driving? 12 MR. BARTON: Same objections. 13 A I can't speculate to that. I'm not in the 14 truck with drivers when they're driving together, so I--15 I've never been in a truck with two drivers driving. I 16 gotta imagine though that much like you driving with 17 someone in your vehicle, that there's going to be some 18 type of communication. You know, like I said, hey, 19 there's a truck stop coming up, do you need to use the 20 restroom or get a bite to eat? 21 Q Or help with directions or something like that? 22 A Our trucks have the directions on the MCP 200s. 23 Q So is that a "no"? 24 A I can't speculate. 25 Q Is there any guidance, rule or oversight at all TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 18 of 31 Page 65 1 VICTOR MALCHESKY 2 that you're aware of from a safety perspective in terms 3 of the extent to which mentors can be asking for 4 assistance from their trainees while the trainees are in 5 the sleeper berth? 6 A I have not seen any policies or anything to 7 that extent. 8 Q There's nothing prohibiting that that you're 9 aware of, correct? 10 A I've seen nothing prohibiting or encouraging. 11 Q And would I also be correct that you're not 12 aware of any kind of auditing or monitoring or 13 investigation, whether formal or informal, into whether 14 or not mentors are interacting with or seeking assistance 15 from trainees while they're in the sleeper berth? 16 MR. BARTON: Objection. Vague. 17 Go ahead. 18 A I don't know how we would know unless a student 19 or trainee, excuse me, a trainee brought that to our 20 attention. I don't know how we would know that that 21 would take place. 22 Q So is the answer that that's not any kind of 23 particular monitoring or auditing that you have? 24 A As I stated, unless someone brought it to our 25 attention and said this is taking place, there would be TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 19 of 31 Page 84 1 VICTOR MALCHESKY 2 to this other screen, the mentor can talk them through 3 it. But they are to do their logs. 4 Q I want to go--we were talking before about 5 the potential for up to two hours off-duty in the 6 passenger seat if it precedes or subsequent to the 7 sleeper berth time? 8 A Correct. 9 Q Do you know, where did that exception originate 10 there? 11 A It's the federal government came out with that 12 allocation a few years ago. It was an update to the 13 rule. 14 Q Do you know why? 15 A No. 16 MR. BARTON: Objection to foundation. 17 A I have no idea. 18 Q And is there any policy or guidance that you're 19 aware of in terms of distinguishing between what it means 20 to be off-duty in the passenger seat as compared to 21 on-duty in the passenger seat? 22 A Well, again, you would go to what the 395.8 23 where it talks about the definition of on-duty. So you 24 would refer to that definition to tell you whether you 25 are on-duty. TSG Reporting-Worldwide-877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 20 of 31 Page 85 1 VICTOR MALCHESKY 2 Q Other than the regulation itself, is there any 3 guidance or policy document or memoranda, bulletin, that 4 you're aware of for either the trainees or the mentors to 5 distinguish between off-duty and on-duty status when 6 you're in the passenger seat of a truck? 7 A I don't know of anything that we have specific 8 to the passenger seat in the truck. We refer to the 9 federal regulations and I know that's what's referred to 10 in our manual as well. 11 Q Other than the text of the federal regulation, 12 you're not aware of anything else in which Swift would 13 describe or advise as to what is on-duty versus off-duty 14 when you're in a passenger seat? 15 A I don't know if the log training starts to 16 cover that and provides examples of that. When you get 17 your CDL, part of getting your CDL is demonstrating 18 proficiency in the hours of service, but it might be in 19 the training. Jack would know if that's something that 20 they also cover, you know, providing specific examples, 21 this is an example of what would be on-duty or this is an 22 example of what would be off-duty in their training 23 process. 24 Q But you're not aware of anything in particular 25 other than the regulation itself? TSG Reporting-Worldwide-877-702-9580 EXHIBIT 10 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 22 of 31 Page 1 1 JOSHUA GROW 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE DISTRICT OF ARIZONA 4 PAMELA JULIAN, on his own) Case No. 5 behalf, and on behalf of all) 2:16-CV-00576-ROS others similarly situated,) 6) Plaintiffs,) 7) vs.) 8) SWIFT TRANSPORTATION, INC.,) 9 and SWIFT TRANSPORTATION CO.) OF ARIZONA, LLC,) 10) Defendants.) 11 _______________________________) 12 13 14 15 DEPOSITION OF JOSHUA J. GROW 16 Phoenix, Arizona 17 December 8, 2016 18 12:59 p.m. 19 20 Job no. 116754 21 22 REPORTED BY: 23 Janice Gonzales, RPR, CRR 24 AZ Certified Court 25 Reporter No. 50844 TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 23 of 31 Page 34 1 JOSHUA GROW 2 A. Yes. 3 Q. And then the other person can do it? 4 A. Yes. 5 Q. Okay. So besides duty status, what other 6 information can be entered into the Qualcomm--or 7 the Omnitracs? 8 A. In the Omnitracs, you mean, like, by the 9 driver? 10 Q. Right. Well, let's start with by the 11 driver. 12 A. Macros. 13 Q. Okay. What are the macros? 14 A. Basically forms that the driver sends in 15 or we can send to the driver as well. 16 Q. So is there a macro, for example, 17 relating to pretrip inspections? 18 A. Let's see. I think there is one. Driver 19 hour--or DVRs, yeah. Pretrip inspections, yes. I 20 don't recall the macro number, though. 21 Q. Okay. So I'm not too concerned about the 22 actual numbers, but I'm just kind of wondering as a 23 general matter, when a driver performs some sort of 24 work task, are they instructed to enter the macro 25 related to that work task into the Qualcomm? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 24 of 31 Page 35 1 JOSHUA GROW 2 MS. CARTER: Objection. Foundation, 3 beyond the scope. 4 BY MR. PILLER: 5 Q. You can answer. 6 MS. CARTER: You can answer. 7 THE WITNESS: Yes. 8 BY MR. PILLER: 9 Q. So what are the work tasks that a driver 10 would use--or would enter using a macro? 11 A. An example would be a driver arrives at 12 the shipper location to pick up the freight. He 13 sends in a macro saying I've arrived and departs. 14 Q. Would there be a macro for loading? 15 A. Yeah, load a call. 16 Q. And would there be a macro for fueling? 17 A. Reoptimize. They can reoptimize. 18 Q. That's the same thing as fueling? 19 A. Yeah. 20 Q. Okay. Any other work tasks I'm leaving 21 out? 22 A. There's a few. Running late, depart, 23 stop-off. There's a few of them. I don't know if I 24 can list them all, if I had a list, but there's 63 of 25 them, if you want to know. TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 25 of 31 Page 36 1 JOSHUA GROW 2 Q. Okay. And so any time one of these work 3 tasks is performed, the drivers are supposed to enter 4 the macro related to that work task; is that right? 5 A. Yes. 6 Q. Okay. And that would then create a 7 record of when the work task was performed? 8 A. Yes. 9 Q. Okay. Is that information that gets 10 transmitted to the IT department? 11 A. Yes. We store it in the data, yeah. 12 Q. What database is that stored in? 13 A. It's an Innovative database. 14 Q. That's the name of it? 15 A. That's the software company that wrote 16 it. 17 Q. Do you know the name that Swift uses for 18 the database? 19 A. ICC. 20 Q. ICC. 21 A. You probably heard that one before. 22 Q. Is that the same database that contains 23 the hourly service information? 24 A. Yes. 25 Q. Okay. So then, would the IT department TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 26 of 31 Page 37 1 JOSHUA GROW 2 be able to enter that database and confirm, for 3 example, whether a particular work task, like a 4 pretrip inspection, was performed during a period of 5 on duty not driving for a particular driver? 6 A. Would IT? Not unless somebody requested 7 it. 8 Q. Okay. Let's say just hypothetically it 9 was your task to determine whether a particular 10 pretrip inspection occurred during a period of on 11 duty not driving or during a period of off duty. 12 Would that be something that the IT department could 13 determine from the records? 14 MS. CARTER: Objection. Form. 15 BY MR. PILLER: 16 Q. You can answer. 17 A. If somebody requested it, we would 18 probably--we would see if we could go mine the 19 data, yeah. 20 Q. Any reason to believe you wouldn't be 21 able to figure that out? 22 A. We can do everything. Just kidding. 23 There shouldn't be any reason. 24 Q. Okay. And that would go for all the 25 macros, right? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 27 of 31 Page 38 1 JOSHUA GROW 2 A. All of what? 3 Q. All the macros pertaining to these 4 different work tasks. The same would be true 5 determining, for example, if reoptimizing had 6 occurred during a period--a period of off duty--7 on duty not driving or off duty, what have you, 8 right? 9 A. Yes, with one stipulation. Depending on, 10 again, data retention, how long we have that data 11 for. 12 Q. Right. So assuming the data was still 13 retained, you could identify that information? 14 A. Yeah. 15 Q. Yes? 16 A. Yes. 17 Q. Okay. All right. Now, there's no macro 18 related to studying training materials, is there, 19 that you're aware of? 20 A. No. 21 Q. Okay. Does the IT department have any 22 information as to the amount of time that a trainee 23 spends studying? 24 A. Not that I'm aware of. 25 Q. Okay. Do you know if Swift tracks study TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 28 of 31 Page 39 1 JOSHUA GROW 2 time in any way? 3 A. No. 4 Q. You haven't seen any data pertaining to 5 study time in your capacity as IT director, though? 6 A. No. 7 Q. Okay. 8 A. Not in my area. 9 Q. Okay. All right. So I just want to ask 10 a few questions about Swift's computer systems and 11 databases. Okay? 12 A. Okay. 13 Q. All right. Does Swift use a companywide 14 computer system? 15 A. Companywide within Swift, yes. 16 Q. Okay. And what is that computer system 17 called? 18 A. It's an iSeries AS/400 most people call 19 them. 20 Q. And does that have an intranet capacity? 21 A. Yes. 22 Q. Okay. Is AS/400 a proprietary system 23 internal to Swift? 24 A. No. 25 Q. It is a system that is purchased from an TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 29 of 31 Page 49 1 JOSHUA GROW 2 optimizer. 3 Q. So it's designed to maximize efficiency? 4 A. Uh-huh. 5 Q. Okay. Any other third-party software? 6 A. Maptuit. 7 Q. Maptuit? 8 A. Yeah, Maptuit. 9 Q. What is that? 10 A. It's navigation software. 11 Q. Something like Google Maps-type thing? 12 A. Yeah, routing software. 13 Q. Routing software. Also, I presume, meant 14 to maximize efficiency? 15 A. Right, and give directions and stuff. 16 Q. GPS-equipped, I'm assuming, or designed 17 to function with a GPS locator? 18 A. We get that information from Qualcomm. 19 Q. I see. Any other third-party software 20 you haven't mentioned that you oversee? 21 A. Virtual Hours of Services is the other 22 one, third-party software. 23 Q. What is that? 24 A. It's where we take transit time and 25 driver hours of service and project out when a driver TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 30 of 31 Page 50 1 JOSHUA GROW 2 can deliver a load or arrive at a customer. 3 Q. And that would be designed to ensure that 4 the driver was not committing hours of service 5 violations as they were transporting the load? 6 A. No. 7 MS. CARTER: Objection. Form. 8 THE WITNESS: Sorry. No. No, there's no 9 checks in it for that. 10 BY MR. PILLER: 11 Q. So is the purpose, then, to maximize 12 efficiency by allowing the driver to transport the 13 load as quickly as possible without--14 A. Right. 15 Q.--incurring violations? 16 A. Right. We want to tell a driver you can 17 pick up at this time and we think you should be at 18 this point at 12 o'clock--or delivery at 12 o'clock 19 so he knows when--he doesn't have to stress, I 20 don't know if I can make the load. Here's the 21 information how you can make delivery on time. 22 Q. Okay. And that provides information such 23 as, well, here's when you should go off duty, here's 24 when you should go in the sleeper berth, things like 25 that? TSG Reporting-Worldwide 877-702-9580 Case 2:16-cv-00576-ROS Document 60-5 Filed 01/06/17 Page 31 of 31 Page 52 1 JOSHUA GROW 2 Q. Okay. And that's when this Virtual Hours 3 of Service software would come in? 4 A. Right. 5 Q. Okay. And again, it's designed to 6 maximize the efficiency of the transport? 7 A. Right. It was actually brought in to 8 give the driver an extra load a week. It was called 9 Plus One so we could give them an extra--we managed 10 kind of their--tell them how to manage their time 11 better so they could deliver more freight, make more 12 money. 13 Q. Okay. So I know earlier you mentioned 14 that the macros that are submitted into--or that 15 are transmitted through the Omnitracs will tell Swift 16 when specific work tasks were performed, but I'm just 17 wondering, does Swift also have information as to how 18 long it took to perform those work tasks? 19 A. Currently, we don't track that. 20 Q. Okay. And I presume, though, that the--21 A. I need to clarify with you, but we don't 22 get that information until the driver pushes the 23 buttons, right? So if they forget, the next day they 24 push it in, there's going to be a huge gap--or if 25 they don't push the button. TSG Reporting-Worldwide 877-702-9580

Exhibit 11, Part 1 to Declaration of Joshua Konecky

EXHIBIT 11 Hours of Service Log Class Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000343 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000344 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 4 of 31 Ø The Federal Motor Carrier Safety Administra6on Ø Regula6ons are the FMCSR Ø Swi; policies may go beyond FMCSR Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000345 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000346 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 6 of 31 FMCSR: Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000347 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000348 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 8 of 31 The good news… "At Swift, our system is built to maximize your hours so you can drive safely and successfully." Scott Barker, VP Safety & Driver Recruiting Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000349 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 9 of 31 Paper Logs & Qualcomm Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000350 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 10 of 31 The Graph/Grid DOT Clock Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000351 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 11 of 31 Duty Status Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000352 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 12 of 31 Line One Ø Driver relieved of all responsibility and not required to be in work readiness Ø TEAM: Up to 2 hours riding in passenger seat, immediately preceding or following an 8 hour sleeper berth period Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000353 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 13 of 31 Off Duty Authorization Form Ø Kept in truck Ø Must have drivers name Ø Allows use of non-duplicate logs Ø Authorizes being Off Duty while under dispatch Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000354 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 14 of 31 Line Two Ø Any off-duty 6me res6ng in the sleeper berth Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000355 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 15 of 31 Line Three Ø All 6me spent at the driving controls of a commercial motor vehicle in opera6on Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000356 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 16 of 31 Line Four Ø Performing any work other than driving in the employment of a motor carrier Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000357 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 17 of 31 Line Four Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000358 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 18 of 31 Line Four All Time: Ø Pre & Post-trips – All equipment inspec6ons Ø Fueling Ø Involved in an accident Ø Being towed Ø D.O.T. Inspec6on Ø Any required training (live or kiosk) Ø At the customer: check-in, loading or unloading, wai6ng further instruc6on Ø Mandatory drug/alcohol tests Ø Riding in passenger seat while in opera6on Excep6on: Up to 2 hours immediately before or a;er an 8 hour sleeper berth may be logged as off duty Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000359 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 19 of 31 On Duty Not Driving Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000360 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 20 of 31 Pre– Trip Inspections Must be completed before the first driving shi; of the day and each equipment change! Lights Seals Brakes (air brake test) Exhaust Tires Mirrors Horn Self adjusting slack adjusters Wipers Wheel seals (inner, outer) Fluid levels Frame Belts/Hoses Overall Visual Inspection For anything unordinary Gauges Visual verification that Trailer is Fire extinguisher Properly Hooked To Tractor Triangles Cargo Securement Suspension Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000361 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 21 of 31 Post Trip Inspection Ø A Post Trip must be completed at the end of a shi; and each equipment change Ø Quick walk-around visual of equipment 1. Log on-duty 2. Complete post-trip 3. Send macro 32 4. Log off-duty Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000362 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 22 of 31 Daily Vehicle Inspection Report Macro 32 must be sent daily and each 6me you change equipment Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000363 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 23 of 31 Line Five Ø Owner/Operators only Ø There are specific rules for this status Ø Students on an O/O truck do not log line 5 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000364 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 24 of 31 Logging Orientation Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000365 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 25 of 31 Paper Logs Ø Write inside boxes Ø Clean block numbers and leaers Ø Don’t get crea6ve with 2’s, 3’s, 7’s, 0’s Ø Watch the 4 and the 9 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000366 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 26 of 31 Paper Logs Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000367 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000368 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000369 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 29 of 31 Training Log 0 0 0 0 0 0 0 0 70 Do Not Sign Student Training Log Only Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000370 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 30 of 31 Hours of Service Rules Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000371 Case 2:16-cv-00576-ROS Document 60-6 Filed 01/06/17 Page 31 of 31 Time Zones Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000372

Exhibit 11, Part 2 to Declaration of Joshua Konecky

Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 1 of 32 Hours of Service Rules Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000373 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 2 of 32 Hours of Service Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000374 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 3 of 32 11 Hour Driving Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000375 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 4 of 32 11 Hour Driving Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000376 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 5 of 32 14 Hour Driving Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000377 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 6 of 32 11 Hour Driving Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000378 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 7 of 32 11 Hour Day 1 2 50 10 00 11 00 50 Day 2 2 50 8 50 12 00 1 00 11 hour violation Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000379 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 8 of 32 11 Hour Section Quiz 1. Can the driver perform on-duty not driving ac6vi6es? Yes! Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000380 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 9 of 32 Hours of Service Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000383 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 10 of 32 11 Hour Section Quiz 2. Can a driver Drive? No! Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000381 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 11 of 32 11 Hour Section Quiz 3. When can a driver drive? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000382 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 12 of 32 14 Hour Driving Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000384 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 13 of 32 14 Hour Driving Rule Ø Off-Duty (Line 1) Ø Sleeper Berth (Line 2) Ø Driving (Line 3) Ø On-Duty Not Driving(Line 4) Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000385 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 14 of 32 14 Hour Driving Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000386 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 15 of 32 14 Hour Driving Rule 14 Hour Stop Driving Line Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000387 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 16 of 32 14 Hour Driving Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000388 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 17 of 32 14 Hour Day 1 3 00 9 00 9 50 2 50 Day 2 2 50 9 00 10 00 2 50 14 hour violation Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000389 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 18 of 32 14 Hour Day 1 2 00 10 00 10 50 1 50 (3) 14 hour violations Day 2 3 00 14 00 5 00 2 00 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000390 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 19 of 32 Violation Advisory Once in viola6on, the viola6on con6nues un6l you take Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000391 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 20 of 32 11 & 14 Hour Legal 10 Hour Break, combination Line 1 and Line 2 Day 1 3 50 8 00 12 00 50 11 hour violation Day 2 4 00 8 00 9 25 2 75 14 hour violation Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000392 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 21 of 32 14 Hour Section Quiz 1. Can the driver perform on-duty not driving ac6vi6es? Yes! Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000393 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 22 of 32 14 Hour Section Quiz 2. Can a driver Drive? No! Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000394 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 23 of 32 14 Hour Section Quiz 3. When can a driver drive? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000395 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 24 of 32 Hours of Service Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000396 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 25 of 32 70 Hour Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000397 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 26 of 32 70 Hour Rule Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000398 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 27 of 32 70 Hour 4.00 11.75 10.50 9.75 8.00 11.25 6.75 10.00 12.50 4.00 65.25.75 24.00 4.75 4.75 Do Not Sign Student Training Log Only Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000399 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 28 of 32 70 Hour 11.75 70 Hour Violation 10.50 9.75 8.00 11.25 10.00 7.25 4.75 12.00 4.00 66.00.75 24.00 4.00 4.75 Do Not Sign Student Training Log Only Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000400 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 29 of 32 70 Hour Section Quiz 1. Can the driver perform on-duty not driving ac6vi6es? Yes! Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000401 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 30 of 32 70 Hour Section Quiz 2. Can a driver Drive? No! Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000402 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 31 of 32 70 Hour Section Quiz 3. When can a driver drive? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000403 Case 2:16-cv-00576-ROS Document 60-7 Filed 01/06/17 Page 32 of 32 To Reset your 70 hours Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000404

Exhibit 11, Part 3 to Declaration of Joshua Konecky

Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 1 of 21 To Reset your 70 hours Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000405 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 2 of 21 To Reset your 70 hours Ø Op6onal Ø Requires Driver Leader approval Ø Before doing a 34 hour restart, check how many hours will be gained at midnight Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000406 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000407 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000408 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 5 of 21 34 Hour Restart Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000409 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 6 of 21 Hours of Service Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000410 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 7 of 21 Qualcomm MCP200 Specifics Ø Once logged in, the system automa6cally changes status to On Duty not Driving Ø When truck is in mo6on the system automa6cally changes status to Driving when: • 5 minutes in gear, or • 1.5 miles, or • 20 mph or above Ø The system will automa6cally change status back to On Duty Not Driving 5 minutes a;er stopping Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000411 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 8 of 21 Qualcomm MCP200 Specifics Ø Duty statuses have a minimum dura6on of 5 minutes Ø Allow the system to make change of status when appropriate Ø Manual duty status change is required for Off Duty and Sleeper Berth and to correct any errors Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000412 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 9 of 21 Qualcomm MCP200 Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000413 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 10 of 21 MCP200 Hours Of Service Violations Ø Alerts begin 60 minutes prior to HOS viola6ons § At this 6me, begin to find a safe legal place to park and take a rest break Ø A voice alert indicates when driver is out of hours and in viola6on § Immediately find a safe and legal loca6on to park and obtain required rest Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000414 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 11 of 21 MCP200 Approving Logs Logs must be approved up to midnight the prior day before driver can be planned or dispatched on a load If driver has been off-duty they must first change their status to on-duty before approving logs Example: If driver is in Sleeper Berth from 2230 to 0830, driver would have to change status to on-duty to approve logs up to midnight the prior day Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000415 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 12 of 21 False Logs Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000416 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 13 of 21 Log Audit False logs may be identified by supporting documents: Ø Fuel receipts Ø Repair receipts Ø Toll receipts Ø Scale receipts Ø Bills of lading Ø DOT inspec6on reports Ø Cita6ons Ø Qualcomm messages Ø Unit Movement History Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000417 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 14 of 21 Hours of Service Summary Quiz 1. Do you need to let your Driver Leader know if you are taking a 34 hour restart? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000418 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 15 of 21 Hours of Service Summary Quiz 2. How long do you have to log when fueling 250 gallons of fuel? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000419 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 16 of 21 Hours of Service Summary Quiz 3. Do you need to log local deliveries (shuales, rails, empty trailer moves, etc…)? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000420 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 17 of 21 Hours of Service Summary Quiz 4. If you are transported by automobile from the point of breakdown, and then dispatched on another load, how is the 6me in the car logged? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000421 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 18 of 21 Hours of Service Summary Quiz 5. If you are delayed on an impassable highway, how is this 6me logged? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000422 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 19 of 21 Hours of Service Summary Quiz 6. If you are driving a non-commercial vehicle to take a physical exam how is this 6me logged? Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000423 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 20 of 21 FMCSR Resources Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000424 Case 2:16-cv-00576-ROS Document 60-8 Filed 01/06/17 Page 21 of 21 Questions Starting Your Journey to Best in Class CONFIDENTIAL SWIFT-Julian.000425

Exhibit 12-13 to Declaration of Joshua Konecky

EXHIBIT 12 EXHIBIT 13 Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 6 of 21 1 David T. Barton #016848 C. Christine Burns #017108 2 Alison Pulaski Carter #025699 BURNSBARTON LLP 3 45 West Jefferson, 11th Floor 4 Phoenix, AZ 85003 Main: 602.753.4500 5 david@burnsbarton.com Christine@burnsbarton.com 6 Attorneys for Defendant 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE DISTRICT OF ARIZONA 10 PAMELA JULIAN, on her own behalf, and No. 2:16-CV-00576-ROS 11 on behalf of all others similarly situated, 12 Plaintiffs, DEFENDANT’S RESPONSE TO 13 vs. PLAINTIFF’S FIRST SET OF INTERROGATORIES 14 SWIFT TRANSPORTATION, INC. and SWIFT TRANSPORTATION CO. OF 15 ARIZONA, LLC, 16 Defendants. 17 18 Pursuant to Rule 33, Fed. R. Civ. P., Defendant Swift Transportation Co. of 19 Arizona, LLC ("Defendant" or "Swift") submits its responses to Plaintiff Pamela Julian’s 20 First Set of Interrogatories. 21 RESERVATION OF RIGHTS WITH REGARD TO ANSWER 22 The following responses represent the best information ascertained by Defendant 23 and are based upon information obtained from records, files, and individuals within their 24 possession, custody, control or employ. Discovery in this litigation is underway and as 25 discovery progresses, witnesses, facts, documents, and evidence may be discovered which 26 are not set forth herein but which may be responsive to a discovery request. Facts and 27 evidence, or the relevance of evidence, may at this time be unknown to or imperfectly 28 understood by Defendant and may be omitted from the following responses for this Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 7 of 21 1 reason. Defendant reserves the right at any time to supplement, revise, correct, or clarify 2 any of the responses provided herein. By responding to these interrogatories, Defendant 3 does not concede the relevancy or admissibility of the information provided. 4 INTERROGATORIES 5 INTERROGATORY NO. 1: 6 IDENTIFY ALL the individuals YOU have employed as TRAINEE TRUCK 7 DRIVERS in the United States at ANY time from December 29, 2012 through the 8 present. 9 RESPONSE: 10 Defendant objects to this Interrogatory on the basis that it requests 11 information that is not relevant at this stage in the litigation pursuant to Fed. R. Civ. 12 Proc. 26(b)(1) because it seeks information that is unrelated to the standard for 13 establishing conditional class certification. See Colson v. Avnet, Inc., 687 F.Supp.2d 14 914, 925 (D. Ariz. 2010). The identities of every one of Defendant’s Trainee Truck 15 Drivers has no bearing on the threshold issue at this stage in the litigation: whether 16 there is a factual nexus that binds the named Plaintiff and putative class members 17 together as victims of a particular alleged decision, policy or practice. Colson, 687 18 F.Supp.2d at 925-26. Defendant also objects to this Interrogatory on the grounds 19 that it is overly broad and unduly burdensome, especially prior to Plaintiff obtaining 20 conditional class certification, because it seeks the identities of every one of 21 Defendant’s Trainee Truck Drivers for over a three-year period – an amount that is 22 estimated at approximately 50,000 individuals. Defendant further objects to this 23 Interrogatory to the extent it seeks information containing Defendant’s confidential, 24 proprietary, trade secret, or business sensitive information. 25 Subject to and not withstanding the foregoing objections, Defendant states 26 that it did employ Plaintiff Pamela Julian as a Trainee Truck Driver from February 27 13, 2015 to March 20, 2015. 28-2-Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 8 of 21 1 INTERROGATORY NO. 2: 2 IDENTIFY ALL states within the United States in which YOU have employed 3 TRAINEE TRUCK DRIVERS at ANY time from December 29, 2012 through the 4 present. 5 RESPONSE: 6 Defendant objects to this Interrogatory on the basis that it requests 7 information that is not relevant at this stage in the litigation pursuant to Fed. R. Civ. 8 Proc. 26(b)(1) because it seeks information that is unrelated to the standard for 9 establishing conditional class certification. See Colson v. Avnet, Inc., 687 F.Supp.2d 10 914, 925 (D. Ariz. 2010). The identification every state in which Defendant’s 11 employed Trainee Truck Drivers has no bearing has no bearing on the threshold 12 issue at this stage in the litigation: whether there is a factual nexus that binds the 13 named Plaintiff and putative class members together as victims of a particular 14 alleged decision, policy or practice. Colson, 687 F.Supp.2d at 925-26. Subject to and 15 notwithstanding the foregoing objection, Defendant states: Defendant has employed 16 Trainee Truck Drivers in every state within the United States except Alaska and 17 Hawaii. 18 INTERROGATORY NO. 3: 19 IDENTIFY ALL hubs, terminals, and other locations within the United States out 20 of which YOU have dispatched TRAINEE TRUCK DRIVERS at ANY time from 21 December 29, 2012 through the present. 22 RESPONSE: 23 Defendant objects to this Interrogatory on the basis that it requests 24 information that is not relevant at this stage in the litigation pursuant to Fed. R. Civ. 25 Proc. 26(b)(1) because it seeks information that is unrelated to the standard for 26 establishing conditional class certification. See Colson v. Avnet, Inc., 687 F.Supp.2d 27 914, 925 (D. Ariz. 2010). The identification every hub, terminal or other location 28-3-Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 9 of 21 1 from which Defendant has dispatched a Trainee Truck Driver during a three-year 2 period has no bearing on the threshold issue at this stage in the litigation: whether 3 there is a factual nexus that binds the named Plaintiff and putative class members 4 together as victims of a particular alleged decision, policy or practice. Colson, 687 5 F.Supp.2d at 925-26. Defendant further objects to this Interrogatory as vague and 6 ambiguous, including but not limited to its use of the terms "hubs," "terminals," 7 "locations" and "dispatched." Defendant also objects to this Interrogatory on the 8 grounds that it is overly broad and unduly burdensome, especially prior to Plaintiff 9 obtaining conditional class certification, because the request for information 10 regarding every "location" from which Defendant "dispatched" its Trainee Truck 11 Drivers for over a three-year period (an amount that is estimated at approximately 12 50,000 individuals) would include an exorbitant number of places. For example, 13 every location at which one Trainee Truck Driver stops during the course of a route 14 is responsive to this request. Multiplying these stops for every route driven by each 15 of Defendant’s Trainee Truck Driver over three-year time period would amount to 16 thousands of responsive locations. Subject to and notwithstanding the foregoing 17 objection and limiting the Interrogatory to Defendant’s terminal network, Defendant 18 states: Defendant has full-service terminals in the following locations: 19 1. Sumner WA 20 2. Troutdale, OR 21 3. Lewiston, ID 22 4. Sparks, NV 23 5. Lathrop, CA 24 6. Jurupa Valley, CA 25 7. West Valley City, UT 26 8. Denver, CO 27 9. Phoenix, AZ 28-4-Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 10 of 21 1 10. Nogales, AZ 2 11. Albuquerque, NM 3 12. Lancaster, TX 4 13. Houston, TX 5 14. Oklahoma City, OK 6 15. Edwardsville, KS 7 16. Memphis, TN 8 17. Minneapolis, MN 9 18. Menasha, WI 10 19. Rochelle, IL 11 20. Manteno, IL 12 21. Gary, IN 13 22. Detroit, MI 14 23. Columbus, OH 15 24. Atlanta, GA 16 25. Greer, SC 17 26. Ocala, FL 18 27. Richmond, VA 19 28. Harrisburg, PA 20 29. Syracuse, NY 21 INTERROGATORY NO. 4: 22 For each state identified in Interrogatory No. 2, above, please state the number of 23 TRAINEE TRUCK DRIVERS that YOU have employed in that state from December 29, 24 2012 through the present. 25 RESPONSE: 26 Defendant objects to this Interrogatory on the basis that it requests 27 information that is not relevant at this stage in the litigation pursuant to Fed. R. Civ. 28-5-Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 11 of 21 1 Proc. 26(b)(1) because it seeks information that is unrelated to the standard for 2 establishing conditional class certification. See Colson v. Avnet, Inc., 687 F.Supp.2d 3 914, 925 (D. Ariz. 2010). The number of Trainee Truck Drivers employed by 4 Defendant in each state for over a a three-year period has no bearing on the 5 threshold issue at this stage in the litigation: whether there is a factual nexus that 6 binds the named Plaintiff and putative class members together as victims of a 7 particular alleged decision, policy or practice. Colson, 687 F.Supp.2d at 925-26. 8 Defendant also objects to this Interrogatory on the grounds that it is overly broad 9 and unduly burdensome, especially prior to Plaintiff obtaining conditional class 10 certification, because it seeks information regarding every one of Defendant’s 11 Trainee Truck Drivers for over a a three-year period – an amount that is estimated 12 at approximately 50,000 individuals. Defendant further objects to this Interrogatory 13 to the extent it seeks information containing Defendant’s confidential, proprietary, 14 trade secret, or business sensitive information. 15 INTERROGATORY NO. 5: 16 For each of the hubs, terminals, and other locations identified in Interrogatory No. 17 3, above, please state the number of TRAINEE TRUCK DRIVERS that YOU have 18 dispatched out of that hub, terminal, and other location from December 29, 2012 through 19 the present. 20 RESPONSE: 21 Defendant objects to this Interrogatory on the basis that it requests 22 information that is not relevant at this stage in the litigation pursuant to Fed. R. Civ. 23 Proc. 26(b)(1) because it seeks information that is unrelated to the standard for 24 establishing conditional class certification. See Colson v. Avnet, Inc., 687 F.Supp.2d 25 914, 925 (D. Ariz. 2010). The number of Trainee Truck Drivers employed by 26 Defendant in each state for over a a three-year period has no bearing on the 27 threshold issue at this stage in the litigation: whether there is a factual nexus that 28-6-Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 12 of 21 1 binds the named Plaintiff and putative class members together as victims of a 2 particular alleged decision, policy or practice. Colson, 687 F.Supp.2d at 925-26. In 3 addition, Defendant objects to this Interrogatory as vague and ambiguous, including 4 but not limited to its use of the terms "hubs," "terminals," "locations" and 5 "dispatched." Defendant also objects to this Interrogatory on the grounds that it is 6 overly broad and unduly burdensome even if limited to Defendant’s full-service 7 terminals detailed in response to Interrogatory No. 3, especially prior to Plaintiff 8 obtaining conditional class certification, because it seeks information regarding 9 every one of Defendant’s Trainee Truck Drivers for over a a three-year period – an 10 amount that is estimated at approximately 50,000 individuals. Defendant further 11 objects to this Interrogatory to the extent it seeks information containing 12 Defendant’s confidential, proprietary, trade secret, or business sensitive information. 13 Subject to and nothwithstanding the foregoing objections, Defendant states that 14 Plaintiff Julian was dispatched out of the Rochelle, IL terminal. 15 INTERROGATORY NO. 6: 16 Please state the number of workweeks or workdays that TRAINEE TRUCK 17 DRIVERS, individually or collectively, have worked in the United States from December 18 29, 2012, through the present, during their training periods with YOU. 19 RESPONSE: 20 Defendant objects to this Interrogatory as vague and ambiguous, including 21 but not limited to its use of the terms "workweeks" and "workdays." In addition, 22 Defendant objects to this Interrogatory on the basis that it requests information that 23 is not relevant at this stage in the litigation pursuant to Fed. R. Civ. Proc. 26(b)(1) 24 because it seeks information that is unrelated to the standard for establishing 25 conditional class certification. See Colson v. Avnet, Inc., 687 F.Supp.2d 914, 925 (D. 26 Ariz. 2010). The number of workweeks or workdays worked by every one of 27 Defendant’s Trainee Truck Drivers has no bearing on the threshold issue at this 28-7-Case 2:16-cv-00576-ROS Document 60-9 Filed 01/06/17 Page 13 of 21 1 stage in the litigation: whether there is a factual nexus that binds the named Plaintiff 2 and putative class members together as victims of a particular alleged decision, 3 policy or practice. Colson, 687 F.Supp.2d at 925-26. Defendant also objects to this 4 Interrogatory on the grounds that it is overly broad and unduly burdensome, 5 especially prior to Plaintiff obtaining conditional class certification, because it seeks 6 information regarding every one of Defendant’s Trainee Truck Drivers for over a a 7 three-year period – an amount that is estimated at approximately 50,000 individuals. 8 Defendant further objects to this Interrogato