The DHL lawyers decided not to obtain this declaration and hence it has never been signed and, at this point, more than likely never will. I have deleted all real names of individuals except my own.
I, Glen Draeger, declare that:
- The information contained in this declaration is true of my own personal knowledge. I could and would testify to this information under oath if I were called and sworn as a witness in this proceeding.
- I was employed by DHL Worldwide Express (DHL) from approximately May 5, 1986 to October 31, 2003, however, my last work day with DHL was September 2, 2003. I was employed by DHL in the position of Courier Guard at the Service Center located on Convoy Court in San Diego, California.
- I worked part-time during my employment with DHL. I had a many different supervisors during my employment, but my most recent supervisors during the 2000-2003 time period were -----------, ---------- (can’t remember his last name), and a woman (I think her name was ----------). ------ and -------- were my last two supervisors.
- As a Courier, my duties included going to the airport and getting material, sorting the packages and letters, and delivering the material for DHL customers in an assigned area. My route during the 2000-2003 time period included Downtown San Diego and Coronado.
- I normally worked Monday through Friday, with occasional Saturday work. I usually worked on Monday from 6:00 a.m. to 1:00 p.m. and on Tuesday through Friday from 7:00 a.m. or 8:30 a.m. – 1:00 or 2:00 p.m.
- My initial pay rate was $_7.62_____ per hour and increased to a little over $ __20.00____ per hour at the end of my employment.
- I completed an Employee Data Card (EDC) on a daily basis and I recorded all of my working time accurately on my EDCs throughout my employment. On rare occasions (approximately _3_ % of the time or less) I would take my break at the end of the shift, when I did not take one on my route. I added in my time at the end of the shift because I wanted to leave earlier and either take care of things at home or leave for a vacation. I was instructed either at meetings or individually by a supervisor to complete the EDCs as you go through your route and to be accurate when recording time. I did not note my rest periods on my EDCs because the code “998” (for a paid break) was no longer an option after about 1997. However, the supervisors told us to just take the break and to include it with code “52”- stem in – which is the code to use from the last stop to base. There was also a code 999, for an unpaid break and this code could be used for personal reasons, such as running an errand in the area I was delivering. I used the 999 every now and then – about once a month – to go to a bookstore or the Coronado library.
- I did not take meal breaks because I worked part-time, approximately a 6-hour shift.
- During my employment as a Courier Guard, I received an Employee Handbook and signed that I had received one. I read parts of it and I vaguely remember reading the meal and rest break policy. I’m not sure if the meal and rest break policy ever changed during my employment. The unofficial policy changed at least a couple of times, that is, many people took their breaks at the end of their routes by simply adding the time into code 52 and adjusting the end time to reflect that—something that everyone, including supervisors, had no problem with. There were times when we were instructed we could no longer do that I assume because our supervisors experienced some kind of pressure from those above them. However, that never really lasted and if you wanted (at least that was my experience) you could always add your break in as I described above.
- I was informed of DHL’s meal and rest break policy when I was first hired. I believe it was probably --------------- that told me about the meal and rest break policy. It was my understanding that if I worked over 4 hours, I was entitled to a 15-minute rest break. Initially upon being hired in 1986, I did not take rest breaks; I was young, single and did not need a break. In about 1990, I started taking them because it was an extra 15-minutes of pay per day and I had recently been married so we needed the money. I usually only worked a 6-hour day, so I took one break a day. I do not remember the policy changing, just that I started taking the breaks. I remember the supervisors telling us that we needed to take the breaks on route.
- After January 1, 2000, I took a rest break approximately 99% of the time. For the 1% of the time I did not take a break, it was on a Saturday and I did not take a break because I wanted to get off earlier, go home, or go on vacation. It was not explicitly stated that I could miss a break and leave early, but I assumed it was okay because I informed my supervisors that I was adding a break or breaks in and that was fine by them. That was just business as usual. At different times over my 17 years at DHL (the exact dates or years I do not remember), supervisors told us that we could not take our break at the end of our shift. The instruction was never really enforced, but it didn’t affect me in my later years because I almost always took my breaks after my last delivery. I did not need my supervisor’s permission to take a break and I was not restricted in where I could take my rest break. When I was delivering in Coronado, I would take my break at the library, by the beach, or under some big pine trees. I took my break between 12:00 noon and 1:00 p.m.
- At no time was I ever told by any of the supervisors that I could not take a rest break. I did not ever complain to any DHL supervisors that I was unable to take a rest break. I wrote a fair amount of letters to management while employed at DHL, however, I never wrote a letter to management about not being able to take my rest breaks. I wrote the The Inmate while employed at DHL, which was a kind of underground, satirical, humorous paper about the happenings at our workplace. I did write a short article in The Inmate about the 998 code going away in approximately 1997. This always seemed to me to be a very curious matter. We had codes for things that lasted less than ten minutes that were carefully monitored. So it was my opinion and that of many of my colleagues that the 998 code was done away with because DHL knew full well that couriers were not either taking their breaks or, more likely, were taking them at the end of their shifts—the latter being a common, accepted practice because of the nature of the job, particularly in the afternoon where things could change quickly. Since we were told just to add the break in without denoting when we took it if DHL was ever audited management could simply state that there was no code for breaks, but that couriers had been instructed to take them. I mentioned this idea to an Engineer who was in charge of going to stations and evaluating routes and he fully agreed as if that was, of course, obvious to any thinking person.
- I was not aware of any DHL courier who ever complained to DHL that they were unable to take their rest breaks, that is, I don’t remember any specific names, but I do know that the requirements of the job often made taking a rest break during the route a source of stress. And many couriers complained that they were not allowed to start their afternoon routes early enough to give them adequate time to complete them in a sane manner. By “sane” I mean being able to take a break and not make your route very difficult to complete. My impression was that there was a lot of pressure from CORP on Supervisors particularly in the last two or three years before the big layoff to meet statistical goals set by CORP number crunchers, hence much of the pressure gushed down on to couriers. Many of the statistical goals, in my opinion and in many if not most of my colleagues’ opinions, were unattainable and unrealistic.
- I had about 2-3 check-rides done in the 2000-2003 timeframe. I had a check-ride done as a matter of course, I think twice. I was supposed to have had them on a regular basis—I think the required amount was 4 per year or one per quarter. That never happened my entire 17 years at DHL. During the 2000-2003 timeframe, I did not request any check-ride by my supervisor because of my route being too long or unable to make deliveries. It should be noted, however, that I always believed my goals were basically unattainable, but I since I had been at DHL so long and people knew my work ethic I didn’t care whether I attained them or not. My attitude was if I didn’t attain them it was the statistical goals at fault, not me and if DHL didn’t like my work they could fire me. During the check-rides, we sometimes took rest breaks – I don’t remember if we always did but we would sometimes grab something to eat.
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