Overseas Civilian Contractors

News and issues relating to Civilian Contractors working Overseas

KBR truck drivers awarded class arbitration status for unpaid overtime worked (docs)

Crossposted from MsSparky May 16, 2011

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.

arbitrator, 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:

Rukin Hyland Doria & Tindall

Skikos Crawford Skikos & Joseph

Altshuler Berzon

Lewis, Feinberg, Lee, Renaker & Jackson

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?  Ms Sparky

Please see the original post and leave your comments at MsSparky

May 16, 2011 - Posted by | Civilian Casualties, Civilian Contractors, Contractor Corruption, Contractor Oversight, Department of Defense, Halliburton, Iraq, KBR, Safety and Security Issues | , , , , , , ,

4 Comments »

  1. Hey there are MORE of us out there just for starters check out our FB page. We have over 1000 members
    https://www.facebook.com/groups/4026752677/
    This is the link to our FB page. Please look at it and let us know everything
    My name is Richard Philemon Jr and I’m a member of this FB page
    Get US all involved in this Lawsuit

    Comment by Richard | January 4, 2012 | Reply

  2. Anyone Know of a law suit for time off for punishment an drivers kept in Iraq, No Up lift paid?
    Contact me here so I can talk with the attorneys handling such cases, Thank You

    http://www.facebook.com/profile.php?id=100000242142595

    Comment by Derek | January 5, 2012 | Reply

  3. I hauled fuel and flatbeds for KBR . IED’d several times, rpg’d a few times,picked up drivers military left behind when they ran for cover, shot at more than I could count , I even missed my grandfathers funeral because we were short of drivers to get the fuel where we needed to.

    Got medical evaccuated to Landstuhl, Germany where I met up with a fellow driver from my base and what does KBR do for you once you can’t be of service to them anymore? they drop you off at a hotel and make you wait there a week waiting on a plane ticket home.

    But the worst part is. . . . .you pay the hotel bill. Over $1100 for a crap room in a crap hotel If i hadn’t been there, when my buddy was, he wouldn’t have had money to eat much less pay his hotel bill.

    Just like them to screw us out of pay, and if you don’t like it. . . it’s chicken or pasta!

    Any complaints and you were transferred to a base that was getting hit more or the trucks were falling apart. When you come home with PTSD there isn’t any help for you either.

    Just like on the road..the only thing that mattered was getting it hauled and letting them bill hours.

    Not getting sleep didnt matter to them; not getting the foreign nationals fed didn’t matter. But you can bet yourself the supervisors and transportation coordinators got plenty of sleep and never missed a meal while you were on the road hauling fuel so their generators had power and they had gas for their pickup trucks while you walked or took a bus after seeing a buddy lose a limb or life.

    Hope KBR will one day realize how many drivers they screwed over, but then again they made their money, why should it matter to them. To all the guys out there I rolled with, I hope you are all doing good and when the next war comes around support the troops but screw KBR.

    JOHN RUPPEL

    Comment by John Ruppel | July 18, 2012 | Reply

  4. I can agree with that, chicken or pasta was the respond we always got from our so-called foremen’s It was the same all over Iraq with KBR. F**K KBR they did and are doing the very same to all of us injured ex-employees. To be cased aside and forgotten about. They did that to me when I was hit with an IED coming back from Qwest in a JB8 fuel truck. Yes I was injured with 3th degree burns on 30% on me. After I was e’vaced out to Germany and flown back state side to Carolina Medical Hospital I was left for dead by them. What really put the icing on the cake is that after 30 days on medical leave they will send you a notice of termination. WTF is that? I almost gave my life for our military and they, KBR fires me, WTF? This ain’t right, something wrong with them or what?

    Comment by Richard | July 18, 2012 | Reply


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