RALPH W. PHILLIPS, JR., COMPLAINANT

VS.

HEYL TRUCK LINES, INC., RESPONDENT

FINDINGS OF FACT

1. The Complainant, Ralph W. Phillips, Jr., filed verified complaint CP #03-85-12793 on March 22, 1985, charging Heyl Truck Lines, Inc. with discrimination in employment on the basis of age.

2. The complaint was investigated, probable cause found, conciliation attempted but failed and Notice of Hearing issued on March 5, 1987.

3. On February 5, 1985, Complainant filled out an application for a driver position with Heyl Truck Lines. He listed prior employment as follows:

Illini Express, Sioux City, Iowa, 12/31/84 - 1/31/85; L. B. Truck Lines, Carson, California, 1/84 - 9/84; and Ray Gibbins, Port Sulphur, Louisiana, 4-81 - 12-83.

Complainant left the Illini Express job because he did not want to run the East coast; the L.B. Truck Lines job because they went out of business; and, the Ray Gibbin's job because he was laid off.

Complainant's date of birth was also given on the application as 8-13-85.

Complainant indicated that he had lived at the Sioux City address for two months and at a Phoenix, Arizona address for 4 years. (Complainant's Exhibit 1).

4. On a return trip for Illini, Complainant found out from a Heyl driver that Heyl was taking applications. He called Heyl and was told to come in and put in his application.

When Complainant turned in his application to a Milton R. Schneider, he was asked for a medical form. He did not have it with him so went home to get it. While he was home, Schneider told him on the phone that there was no need to bring the form in because he would not be hired. He was given no reason for not being hired. Complainant assumed the reason he was not hired was his age.

5. In his Affidavit, submitted as Respondent's Exhibit A, Milton Schneider, former safety director for Heyl Truck Lines, Inc., stated that he had made the decision not to hire Phillips based on his qualifications as a driver. In checking the references given by Phillips, Schneider was only able to verify 30 days of experience as to Phillips work record. This was the job at Illini, Complainant's immediate prior employer. Illini, the only former employer who could be contacted in regard to driving experience, did not give Phillips a favorable reference. There was also a concern with the "no passenger" rule because Phillips had his wife accompany him on trips.

6. In his Affidavit submitted as Respondent's Exhibit B, Alan L. Heyl, Secretary/Treasurer of Heyl Truck Lines, Inc., stated that he exercises general supervision over matters of employment and personnel. Although he was not directly involved with the refusal to hire Phillips, his Affidavit sets forth all of the background information upon which the refusal was made. (See Respondent's Exhibit B)

7. Respondent's Exhibit C establishes that Phillips worked for Ray Gibbins Industries, Inc. in Louisiana from September 4, 1981 through November 27, 1981 and again from August 17, 1984 through November 10, 1984. Phillips' application claims he worked from April 1981 to December 1983. His work for Gibbins was as a painter, not a driver.

8. Within this same approximate time period, Respondent hired 7 persons in an age range from 21 to 34. David Bryant had 8 months experience, Heyl supervised his qualification as a driver and he had a Form 214, apparently service-connected driving. Ray Phelan had 3 months experience, was a graduate of Western Iowa Tech (WIT) and was hired as a team driver. He also had an Iowa driver's license. Richard Gunther had no experience but had a WIT certificate. Rebecca Gum had no experience, but had a WIT certificate and started as a relief driver. Dallas Baker had a WIT certificate and was hired as a second driver. Kim Dorchner's experience as a driver occurred 9 years prior to his application, but he had a Form 214. On two of these applicants, Respondent was unable to verify prior employment. Troy Kelly had no prior driving experience, but held a WIT certificate and was lured as a relief driver. Heyl testified that employment with them was a continuation of the training program at Western Iowa Tech (WIT) and that they sometimes employed recent graduates from WIT, a local area community college. Heyl also testified that in hiring "solo" drivers, they must adhere to standards imposed by their insurance carrier which include 2 years experience with equipment of the type used by Heyl. This requirement can be waived for "second" or "relief" drivers. Phillips was considered for the 'solo' position.

9. Phillips application indicated he only held a Louisiana license; his work experience in Louisiana was given as 4/81 to 12/83, as a painter, not a driver. The work for Ray Gibbons in Louisiana was actually September 4, 1981 through November 10, 1981 and again from August 17, 1984 through November 10, 1984. His Louisiana license was issued September 18, 1984. (See Respondent's Exhibit C, Transcript p. 62). His Arizona license number was not given, but had expired anyway. His Ohio license number was not given. He had no Iowa license and his driving records in Arizona and Ohio could not be checked. Other than the 30 days with Illini Express, the only driving experience listed was with L. B. Truck Lines, who had gone out of business and could not be contacted. That experience was given as 9 months in 1984. he was actually in Louisiana August 17 - November 10, 1984. He, therefore, did not meet the qualification of 2 years driving experience for "solo" driver based on the work record he provided Respondent.

10. Phillips listed his current address as Sioux City, Iowa, and his prior address as Phoenix, Arizona. He did not have a driver's license for either of those two states.

11. Phillips had only worked for Illini Express for 30 days. He quit because he didn't know the northeast coast route. That is a route that is also used by the Heyl Truck Lines. He also felt Illini was not keeping him busy enough and was dissatisfied that Illini had their tractors set down at a low speed. He stated that he could not make time to make money.

12. Phillips had approximately 10 years driving experience off and on over a period of 31 years. The longest continuous time period was about 2 years during 1955-1957.