MJD-DB TRUCKING

700 SE 32 COURT

FT. LAUDERDALE, FL 33169

Sir:

It would seem right...as well as prudent, whenever a seperation of a business relationship between an employer and an employee occurs, that all parties material thereto, have a say in the general knowledge pertaining to such a seperation. To that end I have taken the time to compose this missive...in the hope that you will take the time to read it...

On, or about, August 29th, 2004, I had occassion to become gainfully employed by your firm as a CDL-A licensed driver with both Tankers and Haz-Mat Certification on my Florida drivers license. I entered into a written training contract for the express purpose of becoming qualified to load fuel out of the various terminals at Port Everglades and deliver that product to the assigned gas stations.

Of the many reasons I had for accepting employment with your firm, the sign-on bonus offered in the Sun-Sentinel of $1,000.00 was truly a major one. I was expecting that bonus to be paid, according to what I was told, at the end of my 90 day training contract. I therefore, entered into the training contract, in reliance, thereon. I am sure that you are aware that that contract held severe penalties of lost wages and required payment of medical and other attendant charges should I have quit prior to the 90 day period.

After signing the agreement and investing several weeks of my time pursuant to the terms of the said contract, your company reneged on the proffered bonus money offer and said that, rather, I was under a quarterly "SAFETY BONUS PROGRAM" which ultimately would be a thousand dollars per annum bonus. All I had to do was not become involved in a safety isssue during the quarter and a bonus of $250.00 would then be paid me.

I was denied my bonus pay for my first quarter, a completely safe first quarter, because I had charged some loads to the Donnini account which should have been charged to Rightway. This was in no way a safety issue, safety being defined by my dictionary as a noun, meaning: The state of being safe. Who paid for the product, by my error, was not a safety issue. In my opinion this was nothing more than the basest of chicanery and your company is, in fact, in default on it's payment to me of the $1,000.00 sign-on bonus.

Pursuant to CFR 49, truck drivers are limited to the number of hours they can be on duty. These limitations were routinely exceeded during my tenure with DB Trucking. It was nothing but "business as usual" at DB for me to start the day at 4:00 am and finish at 8-9:00pm!!! This was a gross violation of federal regulations, state regulations, safety considerations, and common human decency and fair play!

On the day in question, the day I purportedly told Dan D to go "F" himself, or so her purports, I woke at 0300, as usual and was in my car at 0340 heading for the yard. My car failed to crank. The starter would not work. I then proceeded into my kitchen to await the lighting of my next door neighbors bathroom or kitchen light so that I might prevail upon him to loan me one of his vehicles and/or drive me to the yard. I fell asleep sitting in the kitchen. Being "rudely" awakened my Dan D's call to my phone. He showed absolutely no concern for my condition: mechanical, physical, spiritual, emotional or otherwise..."Your supposed to be here at work now."

This "arousal", aroused me to the point I said..."Dan...I quit!" I then hung up. He immediately called me back and left a message about how he was disappointed in me for not giving notice..."he had really thought better of me..." I assure you, this is not the message Dan D would have left me had I just told him to go "F" himself.

After replacing the starter from Discount Auto, and sleeping half the day, I thought better of having quit, called Homer Pew and told him I would work for "HIM" for two weeks...out of gratitude for his having been so patient in training me. I drove that Sunday (the very next day) for DB Trucking... Do you think Dan D would have gone along with that if I had, in fact, told him to go "F" himself?

I did not come to work on monday because I had been asked to use a phony trailer number to load 9,000 gallons out of Citgo for a Marthon split.  I was very tired on sunday night when this was mentioned to me and acquiesced.  But mondy morning brought with it, after a night of sleep, the realization that this would not have been asked of me...if I were to remain at DB..ie...I was expendable...NO THANKS!!!

I will ask you to consider the following:

1. I had never seen Dan D in the office for dispatch at anytime during my tenure.

2. Bob knew that I, with Homer's approval, would often come in "late" because I would rather sleep a little more than sit in the yard for several hours (on the clock, I might add) awaiting the late arrival of my truck. This saved DB trucking several hundreds of dollars and furnished me with much needed sleep. I willingly exchanged the clock-time for sleep.

This set the stage for my quitting. I didn't expect Bob to look for me 'til nearly 0800 and felt no compulsion to call in and say I was having car trouble. My thinking was that my neighbor would carry me to the yard by 0700 and nothing would be lost. Dan D, aparently, was not privy to this arrangement and was angry when he called me... I was in no mood to be aroused from much needed deep sleep by an irate voice on the telephone. The rest is, as they say, history...sans the "F you!" chapter...that is absolute...pure...fantasy...

I am not, nor have I, ever, turned your company and it's shenningans in to any officer of the law. Do you want to know why? I'll tell you, anyway... You have some good people working for you...relying on their checks at DB to sustain their families. I have developed true feelings of friendship with many of the people at DB...Homer...Linda...and of course...Ralph, and others! I wouldn't do anything to impact negatively on people I care for...I couldn't. I'm not geared that way.

I have only wanted you to think you had a loony "loose cannon" on the deck so that perhaps you might look around you and see the things at DB that should be changed. That's not to say that there aren't many good things about DB...in many ways I miss being there...tuley...but...It would never be the job I could do and feel happy about...now...

I hope that this was not all an exercise in futility... If somehow the path I have walked is perhaps a little easier for the next person to walk...and safer...then my coming...and going...would have been worth it...

I will close with a favorite passage of mine...

"NO MAN IS AN ISLAND, ENTIRE OF ITSELF. EACH IS A PIECE OF THE CONTINENT, A PART OF THE MAIN. EVERY MAN'S DEATH DIMINSHES ME FOR I AM PART OF MANKIND. THEREFORE SEND NOT OUT TO ASK...FOR WHOM THE BELL TOLLS...IT TOLLS FOR THEE..."

If that is not a direct quote...well...I am getting old and school lies many years in the kerfuffle of my wake...

I Remain,

William M. Herring