Common use of Technology and Discipline Clause in Contracts

Technology and Discipline. No employee driver shall be discharged if such discharge is based solely upon information received from GPS, telematics, or any successor system that similarly tracks or surveils a driver’s movements unless he/she engages in dishonesty (defined for the purposes of this paragraph as any intentional act or omission by an employee where he/she intends to defraud the Company). A driver’s failure to accurately recall what is reflected by the technology shall not by itself be considered dishonesty. The Company must confirm by direct observation or other corroborating evidence any other violations warranting discharge. The degree of discipline dealing with off-area offenses shall not be changed because of the use of the above- mentioned systems GPS. No driver shall be issued a warning notice based solely upon the above-mentioned systems without first having a verbal counseling session on an identical infraction (e.g. two seat belt violations). Any such discipline shall also comply with applicable Supplemental disciplinary procedures and requirements. The Company acknowledges that there have been problems with the utilization of technology in the past. Therefore, at the request of the Union’s Joint National Negotiating Committee Co-Chair a meeting will be scheduled with the Company Co-Chair to discuss any misuse of technology for disciplinary purposes and what steps are necessary to remedy any misuse.

Technology and Discipline. No employee driver shall be discharged if such discharge is based solely upon information received re- ceived from GPS, telematics, or any successor system that similarly similar- ly tracks or surveils a driver’s movements unless he/she engages in dishonesty (defined for the purposes of this paragraph as any intentional in- tentional act or omission by an employee where he/she intends to defraud the Company). A driver’s failure to accurately recall what is reflected by the technology shall not by itself be considered dishonestydis- honesty. The Company must confirm by direct observation or other oth- er corroborating evidence any other violations warranting dischargedis- charge. The degree of discipline dealing with off-area offenses shall not be changed because of the use of the above- above-mentioned systems GPSsystems. No driver shall be issued a warning notice based solely upon the above-mentioned systems without first having a verbal counseling session on an identical infraction (e.g. two seat belt violations). Any such discipline shall also comply with applicable Supplemental disciplinary procedures and requirements. The Company acknowledges that there have been problems with the utilization of technology in the past. Therefore, at the request of the Union’s Joint National Negotiating Committee Co-Chair a meeting will be scheduled with the Company Co-Chair to discuss any alleged misuse of technology for disciplinary purposes pur- poses and what steps are necessary to remedy any misuse.