Termination Review Board

Any full-time hourly employee, subject to the exceptions set forth in this provision, who has completed ninety (90) days of employment, who feels he or she has been unjustly terminated, may request a review of the termination decision. The termination of an hourly employee due to the employee’s failure to qualify to perform safety-sensitive functions or due to a past or present violation of a federal or state regulation, including but not limited to the regulations set forth by the Department of Transportation and the Federal Motor Carrier Safety Administration, as determined by the company, is not subject to review by a Termination Review Board. A decision by the company that an employee is not qualified to perform safety-sensitive functions or that an employee is or has been in violation of federal or state regulations is final and not appealable to the Termination Review Board.

Requests for a Termination Review Board must be made in writing and mailed directly to Human Resources. Requests must be postmarked within seven (7) days after the effective date of the termination. Requests received after seven (7) days will be denied.

The Termination Review Board, chosen by the hourly employee, is composed of three (3) hourly employees and three (3) salaried employees. A representative of the Human Resources Department, chosen by the Vice President of Human Resources, is to act as a Review Board Coordinator. The Coordinator will not vote, but will be responsible for conducting the review proceedings.

Reviews may be conducted in one of two forms chosen by the terminated employee: written or telephonically. Due to the coordination of schedules required to conduct live termination review hearings, reviews conducted through a written submission of the parties, with any supporting documentation, are anticipated to be conducted more expeditiously than a telephonic termination review hearing. An employee may only choose one type of hearing before the Board to review his or her termination.

In a written termination review hearing, the employee and the company submit written statements to the Board setting forth their position, along with any supporting documentation, to be considered by the Termination Review Board. In a telephonic review, the hearing may be conducted through any technological means or telecommunications that allows direct, live communication among the employee, the company representative, and the board members. The employee will appear at the terminal at which he or she worked. The employee does not have a right to appear live in front of a convened Board or any member of the Board.

Regardless of the form of the hearing, a company representative will present all the facts and supporting evidence upon which the termination was based. Additional information obtained after the termination and which further supports the termination decision may also be introduced. The employee will be entitled to present his or her information and evidence, including additional information obtained after the termination, which the employee believes supports reinstatement.

Witnesses are not allowed to testify in any review hearing. Neither the company nor the appealing employee will be represented by legal counsel at the review proceedings. No transcription or tape recording devices will be allowed.

The Termination Review Board is responsible for reviewing the facts and for making a determination on whether to uphold the termination or reinstate the employee. If the Termination Review Board is deadlocked, the Executive Review Committee will cast the deciding vote. If the decision is made to reinstate the employee, the Executive Review Committee will notify the President, who has sole authority to reinstate.