OOIDA SLAMS CR ENGLAND!

OOIDA SLAMS CR ENGLAND!
Posted: Tue May 24, 2005 9:13:40 AM

It's about time the courts started seeing things in favor of truck
drivers.


http://groups-beta.google.com/­group/CR-England-Sucks


SPECIAL REPORT: Federal judge rules against C.R. England in OOIDA case


A federal judge in Utah has denied C.R. England's attempt to refer
claims brought by OOIDA and several C.R. England drivers to
arbitration, and has granted OOIDA's motion for summary judgment on
those issues.


In his ruling, U.S. District Judge Ted Stewart found that the company's
independent contractor operating agreement is "unconscionable." The
judge ruled that the operating agreements are so one-sided as to
unfairly surprise an innocent party. He found that there is an overall
imbalance in favor of C.R. England and against the drivers in the
rights and obligations of the parties under the agreements.


In particular, the judge noted that during any dispute between C.R.
England and a driver, the company has control over the driver's money.
The agreements allow C.R. England to choose whether to go to court or
to bring a claim in arbitration. Also, C.R. England has the right to
sell its claims to a collection agency and avoid the cost of either
arbitration or a lawsuit.


In contrast, the agreements give drivers only one option - an expensive
arbitration proceeding. In his own words, the judge was "stunned" by
the fact that C.R. England would insist that the agreements require all
disputes with drivers to be submitted to arbitration, yet "not a single
one of its 2,591 claims under the operating agreements" was actually
sent to arbitration.


The judge also based his decision on several other grounds. He ruled
that owner-operators are exempt from arbitration under the Federal
Arbitration Act, because they are "workers actually engaged in the
movement of goods in interstate commerce." In making this finding, the
judge relied on another OOIDA litigation that came to the same
conclusion - OOIDA v. Landstar - which is in federal court in Florida.


The Utah judge additionally found that the fact that drivers would be
required to pay half the costs of an arbitration proceeding - which can
be many thousands of dollars - in and of itself made arbitration an
"inaccessible forum" for drivers to resolve their rights under the
federal truth-in-leasing regulations.


The ruling was not limited to the arbitration issues. The Utah court
became yet another court to find that owner-operators have a private
right of action to go directly to court to enforce their rights under
the truth-in-leasing regulations. Drivers do not have to go first to
the FMCSA before they can sue in federal court.


Citing three previous OOIDA cases, Judge Stewart also confirmed that
the statute of limitations on claims under the truth-in-leasing
regulations is four years, not two years. In making that ruling, the
judge relied on findings in OOIDA v. Ledar, filed in Missouri, OOIDA v.
Heartland, filed in Iowa, and OOIDA v. Bulkmatic, filed in Illinois.


It Doesn't Matter If You Read The Lease Or Not; It matters That You
Signed It In The First Place....!
DON'T WORK FOR C.R. ENGLAND!

RE: OOIDA SLAMS CR ENGLAND!
Posted: Wed Aug 31, 2005 9:59:05 PM

I made the mistake of working for C.R England four years ago, also made two other
mistakes, FED EX ground critical, and
PASCHAL. OWNER OPS GET TAKEN ADVANTAGE ALL THE TIME. Don't work for
these companies, their contracts are all one
sided agreements to benefit the company.

RE: OOIDA SLAMS CR ENGLAND!
Posted: Tue Oct 18, 2005 2:53:52 PM

CR England is not the only company holding the drivers money or writing lease agreements which are 100% in favor of the Company, I can give you a few more companies that do the exact same thing.
Try checking out the one sided agreements that Paschall trucking writes for their leased operators.. ask them why they make the operators agree to waiver their right to sue the company.
How about Swift.. you should check out their
shark attack contract, if you are not careful they will take you to the cleaners.
How about J B Hunt. all promises and no Miles.
Hell all the trucking companies are the same, they just have different ways of stealing from the one person who invests his money in the equipment and does all the work.
They are all collecting a fuel surcharge, either they keep it all, or give the owner operator a fraction of that money, which by all rights belongs to the person who is paying for the fuel.
Don't work for CR England, or Swift, or Paschall, or US Express, or for that matter none of them, they all are the same, a bunch of thieves getting rich on your work and your investment.
All the trucking industry should be investigated, as they have been braking every
law in the book, all they care about is to get you to move the next load, they don't care if you go over your hours of service, they don't care if you kill yourself or cause a mayor accident when they tell you to go get a load and deliver it. No wander the industry is suffering from a shortage of drivers, high cost of fuel and maintenance, drivers get fed up with their demands, low wages, and the lousy maintenance procedures in their equipment.
It seems that the industry is in the hands of gangsters, the only difference is that the real gangsters in this case are wearing suits and neckties, and are sitting behind a desk figuring out how they are going to stick it to the drivers, no matter if they are company drivers, lease operators, or owner operators,
they will find ways to stick it to you. CR England will nickel and dime you to death,
Paschall will steal money from you claiming
customer claims that never existed.
JB Hunt will move their trailers by rail and make their drivers sit for days.
Swuift will promise you all sorts of miles, but you will sit most of the time.
US Express, will not get you home, no matter how long you stay away from you home and family, they just don't care.
So, as a conclusion, forget this business, unless you don't mind becoming an underpaid robot, and eventually become a hermit living your life in the cab of a truck and truck stops.

RE: OOIDA SLAMS CR ENGLAND!
Posted: Wed Sep 27, 2006 9:01:32 PM

Though the previous post was posted in 2005, I would like to make a reply about J.B. Hunt.  A close friend of the family lost her job recently after driving as a company driver for a year for J.B. Hunt.  I read with interest and curiosity about the comments in the first posting here about many truck driving companies not caring about drivers going over their hours, etc.  Our family friend loved her job at J.B. Hunt; but because the night dispatcher disregarded her OBC messages during the evening before picking up a shipment and afterwards telling the dispatcher that she was running late due to very heavy traffic on the interstate, the dispatcher gave her a hard time about not being able to find someone to re-power the load, etc.  Anyway, she violated "company" policy knowingly by driving over her 14 hrs.  Needless to say, the Team Leader told our friend on the phone that they were dismissing her because she "knowingly" violated the 14 hr rule plus this Team Leader said that "someone" mysteriously told them that our friend has a disability.  The long and the short of it all, is our friend went to a Specialist after the dismissal and there is now proof that she doesn't have this "so-called" disability.  We know she will never be able to be re-hired by J.B. Hunt; but the sad thing is is that even though she has a completely "clean" BMV report, no accidents, passed her Annual Review along with the companies' road test, someone at J.B. Hunt is telling other prospective employers where our friend applies to something derogatory.  (I hate to say it; but the individual who said "she" was taking upon herself to dismiss our friend is a female.  Our friend had told her previous Supervisor at J.B. Hunt that she was experiencing problems with the new Supervisor/Team Leaders from another division. 

Anyway, this message isn't meant to bash J.B. Hunt or any other trucking company; but if there are laws made to govern the 14-hr rule, then evidently there are still truck drivers who violate the rule at times since there is still a need for the rule.  Therefore, I hope someone will come up with a support system to help other truck drivers who may experience trouble within their companies.  Maybe our family friend is the only one experiencing this type of trouble; but since we have documentation stating certain issues that happened to her while working for J.B. Hunt, we believe that there must be a better support system for drivers where they can air their complaints and not suffer needless destruction of their career, especially if they have a clean driving record. 

Thanks for letting me post here.  (This is only my opinion about said situation and not intended to be malicious).

Alan

RE: OOIDA SLAMS CR ENGLAND! DAC REPORT - how to fight it.
Posted: Wed Nov 22, 2006 4:31:03 PM

I read with interest about the friend getting a bad report from J.B.Hunt and wanted to let you know that a DAC report is like a credit report.  You have the RIGHT to fight anything that is wrong on the report.  J.B. Hunt and C.R. England are notorious for writing lies in their reports to DAC.  A person I know very well, had a brief relationship with someone at C.R.England and when he left the company 2 years later, decided to drive his own truck as a HOTSHOT and book his own work and make his own money.  His long time ex sent some really bad info to DAC about him being guilty of sexual harassment.  So not true, she chased him like a dog in heat.  Anyway, he called American Drivers Association, joined and they were able to get the information removed and he followied up after it was removed and filed a lawsuit against C.R.England for discrimination and defamation of character leading to a loss of income and he WON, over $250,000.00.  So if you are having problems like this I can only suggest you call American Drivers Association and talk to their people there.  1-800-944-4948 or go to their website at: www.americandriversassociation.com.  Just an old O/O talking about her own experiences. Good luck.

RE: OOIDA SLAMS CR ENGLAND!
Posted: Sun Dec 14, 2008 10:40:14 AM

my friend id like to comment on two things , one is the hours of service. every driver is responsible for his own hours of service not the trucking company although they can fire you for it if they knowingly allow it they get it legally but other wise it is the driver. the law says when you take control of the vehicle you are responsible for its safe operation and there are no exceptions if it is found to be unsafe or your out of hours you are required to stop at the nearest safe haven regardless of what the company says . could you get fired by the company ? hell says and you probably will but it is your call. now i no the lady in question most likly  thought see was doing somthing good for the company and in doing so was protecting her job. nope dosent work that way not with a trucking company.

now the second thing is finding a job . it can be done . most people and companys consider being fired by j.b. hunt is a statis symbol most will hire you on the spot  jb is the cheapest s.o.b in the buisnes and the biggest lier in the buisness his reputation speaks for it self.ive been in this buisnes 45 years and have had run ins with most out there todaythere is none worse some as bad but none worse.

tell the lady to keep her chin up she will be able to find another job and if she need s a reference not a problem drop me an e-mail and tell me what she needs , she can do it .-----------------j.r. horton

(rockingchairservices@cfl.rr.com ) i even no a few companys myself that aint to bad to work for .

RE: OOIDA SLAMS CR ENGLAND!
Posted: Tue Mar 31, 2009 7:53:24 PM

OOIDA  is the help      and a lawyer

RE:OOIDA SLAMS CR ENGLAND!
Posted: Tue Jun 20, 2006 11:26:11 AM

My husband worked for CR England for 2 years and he was also a lease operator. How does my husband go about fighting against CR England... I was told they are suppose to send a paper out to let you know. I am not sure if that's true. I hope every driver gets what is owed to them. I also hope CR England drowns in lawsuits. If you have anymore information please feel free to email me at..babyblue_eyez4u2000@yahoo.com, I would be very appreciative.

RE:OOIDA SLAMS CR ENGLAND!
Posted: Wed Jul 26, 2006 7:12:19 PM

A...........GOOD.........START!

RE:OOIDA SLAMS CR ENGLAND!
Posted: Tue Feb 13, 2007 4:15:06 PM

My husband worked for CR England for a few months last year. They sent me a 1099-MISC form stating he had earned $15,956.72. This is the only dollar amount shown on the paper. It does not show federal income tax witholdings or SS holdings. He should have received a W-2. What a headache this has become over just a few months of driving. Does anyone know what the heck i am suppose to do about filing for taxes?

Jenn_sw@yahoo.com

RE:OOIDA SLAMS CR ENGLAND!
Posted: Sun Apr 15, 2007 6:31:53 AM

Our son drives for CRE & we're having to file an extension for him, due to CRE's screwed up practices. (I will not get started on the issues, as I'm not sure there is enough space here to complain)  But, my first suggestion to you is contact your local IRS office & get Taxpayer Assistance to help you out. They have really helped us figure out quarterly's, etc.  I wish you luck getting anything done with CRE & safe trucking to ya'll.     Deb