KBR truck drivers awarded class arbitration status for unpaid overtime worked (docs)
KBR truck drivers win a major victory in the ongoing battle with KBR regarding being forced to work “off the clock”. The KBR management war cry of “84 and no more”, meaning a driver could only document 84 hours per week on their time sheet even though they were forced to work much more, meant drivers were forced to risk their lives and work for free in a profession with the highest civilian casualty rate in Iraq.
KBR truck drivers initiated class arbitration proceedings before Judicial Arbitration and Mediation Services, Inc. (JAMS) on November 1, 2007, asserting that KBR breached their employment contracts with them and other employees by failing and refusing to pay them for all hours worked.
JAMS arbitrator, Michael Loeb granted class certification Thursday to KBR truck drivers who said KBR Inc. breached an employment agreement by pressuring them to under-report hours worked under the military’s Logistics Civil Augmentation Program (LOGCAP) contract in Iraq.
While most cases involving unreported overtime should be dealt with on an individual basis because they usually involve different supervisors giving different orders to different employees, the current dispute is not a “typical ‘off-the-clock’ case,” according to arbitrator Michael Loeb.
In the Certification Award, Arbitrator Loeb granted petitioners’ motion to certify a class of truck drivers and convoy leads who worked for KBR in Iraq between November 1, 2003 and the present.
NOTICE OF MOTION AND MOTION FOR ORDER CONFIRMING ARBITRATOR’S APRIL 28, 2011 AWARD GRANTING MOTION FOR CLASS CERTIFICATION AND APRIL 28, 2011 AWARD CONFIRMING WAIVER OF RIGHT TO CHALLENGE WHETHER ARBITRATION CLAUSE ENCOMPASSES ARBITRATION OF CLASS CLAIMS
The law firms involved with this case are:
I hope other defense contractors are taking note. KBR has gotten away with these and other employee abuses for years, but it looks like it’s finally catching up with them and I do hope it costs them big. If I’m not mistaken, forcing someone to work and not paying them is and always has been considered slavery!
Where was the DoD in all this? Why were they allowing this to go on?