US Xpress, Inc.
Chattanooga, TN 37421
**-**-**** **:06:19PM CST
IntelliApp
Thank you for your interest in US Xpress, Inc. To apply for a driving position, please complete our online application for employment. Incomplete information will delay the processing of your application or prevent it from being submitted. In compliance with Federal and State equal employment opportunity laws, qualified applicants are considered for all positions without regard to race, color, religion, sex, national origin, age, marital status, veteran status, non-job related disability, or any other protected group status.
Personal Information
Referral Code: chassidymoody
Name Debra Ann Emery
Residence 3 years or longer (If No,
previous addresses shown below)
Yes
Address 2818 80th Ave E
City, State/Province Zip/Postal Ellenton, FL 34222 Country United States
SSN/SIN 3812
Date of Birth
Primary Phone 941-***-****
Cell Phone 941-***-****
Preferred method of contact Cell Phone
Best time to contact you Any
Email actljs@r.postjobfree.com
How did you hear about us? Other - I used to work here Have you been working with a recruiter? Chassity Moody What position are you applying for? Experienced Company Driver (DRV-EX) Yes, I want to receive information from
U.S. Xpress concerning future employment
opportunities and consent to receiving
such information via email
Yes
Yes, I want to receive text messages from
US Xpress, Inc.. *By participating, you
consent to receive text messages sent by
an automatic telephone dialing system.
Consent to these terms is not a condition
Yes
of hire. You may opt out at any time by
texting STOP to unsubscribe. Message
and Data Rates May Apply.
Company Questions
WE PARTICIPATE IN E-VERIFY Please view the posters below English version
Poster
Right-to-Work
Spanish version
Poster
Right-to-Work
GENERAL INFORMATION
Area of Interest OTR
Are you interested in team driving? No
Gender
Do you prefer male or female partner?
Are you a smoker?
Do you prefer your partner to be a
smoker?
I give US Xpress permission to share my
phone number with any potential matches
How much OTR driving experience in the
past 3 years?
6+ Months
Have you attended truck driving school in
the past 5 years?
Yes
Which School did you attend? Other
Have you had a major preventable
accident in the last 18 months? ( Rollover,
lane change, rear end, loss of control, side
impact crashes)
No
Are you legally authorized to work in the U.
S.?
Yes
Are you currently a member of the Active
Reserves or National Guard?
No
Do you read, write, and speak English? Yes
Have you ever worked for USXpress, Inc.
before?
Yes
Have you ever been known by any other
name?
No
Enter name:
Were you referred by an employee? No
Please enter name
Employee ID
In case of Emergency
First name Louise
Last Name Dube
Phone 941-***-****
Address 2818 80th Ave E
City Ellenton
State FL
Zip Code 34222
Relationship SIGNIFICANT OTHER
DRIVING EXPERIENCE
For each class of equipment, enter type of equipment (van, reefer, tank, etc.), start and end dates. If no experience in a class, enter "NONE". Straight Truck none
Tractor and Semi-Trailer 2/2015 to 9/2015
Other Cargo Van Expediting 10/2015 to present
What states have you driven in regularly? All but Washington State, Oregon, North Dakota, Montana, and New York City
Are you applying to be Independent
Contractor- Owner Operator/Lease
Purchase driver?
No
Business Name
Federal Employee ID#
Type of Business (Sole Proprietorship,
Partnership, Corporation, Other) If Other,
describe:
ICC#
DOT#
Business Address (Street, City, State, Zip)
Business Telephone
Licenses
Please list all licenses that you presently hold or have held in the past 3 years. License Number 660
State/Province FL
Country United States
License Class Class A
License Expiration Date 02-26-2023
Physical Expiration Date 04-11-2016
Current License Yes
Commercial Driver License Yes
Endorsements None
Employment / Unemployment
SMP Trasportation
PLEASE DO NOT CONTACT
Company SMP Trasportation
Start Date 10-2015
End Date 02-2016
Address 8540 Homeplace Dr
City, State/Province Zip/Postal Jacksonville, FL 32256 Country United States
Phone 941-***-****
Position Held Driver
Reason for leaving? Not enough miles
Were you terminated/discharged/laid off? No
Is this your current employer? Yes
May we contact this employer at this time? No
Did you operate a commercial motor
vehicle?
No
Were you subject to the Federal Motor
Carrier or Transport Canada Safety
Regulations while employed/contracted by
this employer/contractor?
Did you perform any safety sensitive
functions in this job subject to drug and
alcohol testing?
Areas Driven
Miles driven weekly
Pay Range (cents/mile)
Most common truck driven
Most common trailer
Trailer length
US Xpress
Company US Xpress
Start Date 02-2015
End Date 09-2015
Address 4080 Jenkins Road
City, State/Province Zip/Postal Chattanooga, TN 37421 Country United States
Phone 800-***-****
Fax 423-***-****
Position Held Professional Driver
Reason for leaving? Sitting for days and not getting paid having to fight fo pay
Were you terminated/discharged/laid off? No
Is this your current employer? No
May we contact this employer at this time? Yes
Did you operate a commercial motor
vehicle?
Yes
Were you subject to the Federal Motor
Carrier or Transport Canada Safety
Regulations while employed/contracted by
this employer/contractor?
Yes
Did you perform any safety sensitive
functions in this job, regulated by DOT,
and subject to drug and alcohol testing?
Yes
Areas Driven All over the country
Miles driven weekly 2000-2500
Pay Range (cents/mile) .335
Most common truck driven Tractor-Trailer
Most common trailer Van
Trailer length 53 feet or more
Unemployment
Start Date 11-2014
End Date 01-2015
Comment Looking for Employment
Sega Amusement works LLC
Company Sega Amusement works LLC
Start Date 10-2012
End Date 10-2014
Address 135 Terry Dr
City, State/Province Zip/Postal Pensacola, FL 32503 Country United States
Phone 866-***-****
Position Held Courier/ Route Manager
Reason for leaving? Was looking to get into a Truck driving school
Were you terminated/discharged/laid off? No
Is this your current employer? No
May we contact this employer at this time? Yes
Did you operate a commercial motor
vehicle?
No
Were you subject to the Federal Motor
Carrier or Transport Canada Safety
Regulations while employed/contracted by
this employer/contractor?
Did you perform any safety sensitive
functions in this job, regulated by DOT,
and subject to drug and alcohol testing?
Areas Driven
Miles driven weekly
Pay Range (cents/mile)
Most common truck driven
Most common trailer
Trailer length
Gulf Coast Metals Rcyling
Company Gulf Coast Metals Rcyling
Start Date 05-2005
End Date 09-2012
Address 2251 17th St #B
City, State/Province Zip/Postal Sarasota, FL 34234 Country United States
Phone 941-***-****
Position Held Forklift/Warehouse/Cashier
Reason for leaving? Company Closed Down
Were you terminated/discharged/laid off? No
Is this your current employer? No
May we contact this employer at this time? Yes
Did you operate a commercial motor
vehicle?
No
Were you subject to the Federal Motor
Carrier or Transport Canada Safety
Regulations while employed/contracted by
this employer/contractor?
Did you perform any safety sensitive
functions in this job, regulated by DOT,
and subject to drug and alcohol testing?
Areas Driven
Miles driven weekly
Pay Range (cents/mile)
Most common truck driven
Most common trailer
Trailer length
Trucking School
Start Date 01-2015
End Date 01-2015
School Suncoast Trucking Academy
City, State/Province Punta Gorda, FL
Country United States
Phone 941-***-****
Did you graduate? Yes
Were you subject to the Federal Motor
Carrier or Transport Canada Safety
Yes
Regulations while attending this truck
school?
Did you perform any safety sensitive
functions at this truck school, regulated by
DOT, and subject to drug and alcohol
testing?
Yes
GPA 97%
Hours of Instruction 150
Border Crossing Yes
Log Books Yes
Federal Motor Carrier Regulations Yes
Hazardous Materials Yes
Motor Vehicle Record
Have you failed a DOT drug test in the
past 3 years?
No
Date of Violation
Please Explain
HAVE YOU HAD AN ALCOHOL TEST
WITH A BREATH ALCOHOL
CONCENTRATION OF 0.04 OR
GREATER IN THE LAST THREE YEARS?
No
Date of Violation
Please Explain
HAVE YOU REFUSED A REQUIRED
TEST FOR DRUGS OR ALCOHOL IN
THE LAST THREE YEARS? (INCLUDING
VERIFIED ADULTERATED OR
SUBSTITUTED DRUG TEST RESULTS)
No
Date of Violation
Please explain
HAVE YOU COMMITTED OTHER
VIOLATIONS OF DOT AGENCY DRUG
AND ALCOHOL TESTING? *If yes to any
of the above questions please attach
substance professional name, address,
and phone # for further reference.
No
Date of Violation
Please Explain
Has your license, permit or privilege to
operate a motor vehicle ever been denied,
No
suspended or revoked?
Please list all dates and explain
Vehicle Accident Record
Were you involved in any accidents/incidents with any vehicle in the last 5 years (even if not at fault)?
No Accidents
Traffic Convictions \ Violations
Have you had any moving violations or traffic convictions in the past 3 years? Violation Date 04-2013
Charge / Description Other - Please explain in Comments Violation State/Province FL
In Commercial Vehicle No
Fined? Yes
License Suspended?
License Revoked?
Perform Community Service?
Other Penalty?
Fine Amount (if any):
Comments
(If an accident was involved in this
violation, please explain):
At a random stop, I had failed to change
my address on my DL within 10 days of
moving.
Criminal Record
Residents of Massachusetts, Rhode Island, Hawaii, Minnesota, Seattle WA, Buffalo NY, Newark NJ, Philadelphia PA, Richmond California and any other state, city, county or municipality that prohibits criminal conviction inquiries in an employment application shall skip and not answer the following conviction inquiries. Residents of any state, city, county or municipality that prohibits inquiries regarding or disclosure of criminal convictions that have been erased or expunged pursuant to applicable law or pardon or that prohibits disclosure of certain convictions based the lapse of time from the date of conviction shall skip and not answer the following conviction inquiries. Have you ever been convicted of, careless
or reckless driving, 15 MPH over the
posted speed limit, leaving accident scene,
or using commercial vehicle in commission
of a Felony (LIST ALL OFFENSES)
No
Please list all dates and explain
Have you ever been convicted of a
Felony?
No
Please list all dates and explain
Have you been convicted of any
Misdemeanor other than a traffic violation?
No
Please list all dates and explain
Have you been convicted of any DUI or
DWI in the past 5 years?
No
Please list all dates and explain
Have you ever been convicted of multiple
DUI/DWI?
No
Please list all dates and explain
Federal FCRA Summary of Rights Acknowledgment
By checking this box, I acknowledge that I
have read and understand the Summary of
Rights.
Yes
Drug and Alcohol Release
I agree with the above language Yes
Certification Release
I agree with the above language Yes
PSP Release
I agree with the above language Yes
User Requested Copy
User requested a copy to be sent to this
email address actljs@r.postjobfree.com.
Yes
By checking this box, I acknowledge that I
have read and understand the Consumer
Reports Disclosure and I agree to the
release.
Yes
Signature
Full Name Debra Ann Emery
IP Address 97.96.41.213
Signature Date/Time 02-15-2016 12:06 PM
This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge.
Signed Date: 02-15-2016 12:06 PM
Signed:
U.S. Xpress, Inc.
Consumer Reports Disclosure and Release
In connection with my application for employment or to provide contractual services with U.S. Xpress, Inc. (USX), I understand that USX may obtain one or more consumer/background reports which may contain public record information, driving history, motor vehicle reports, employment history, criminal history, and/or safety history from consumer reporting agencies, including but not limited to DAC Services (also known as HireRight), e-Verifile, The Work Number, Ten Street, DriverFACTS, and/or the Federal Motor Carrier Safety Administration (FMCSA) via Pre-Employment Screening Program (PSP). These reports may include, but not be limited to the following types of information from federal, state, and other agencies which maintain such records:
1. Names and dates of previous employment/contract services 2. Reasons for termination of employment or termination of contract services 3. Work Experience
4. Accident history/Driving Record
5. Previous records requests from other companies
6. Criminal reports; and
7. Motor Vehicle Reports
USX cannot obtain consumer/background reports unless you consent in writing. If you agree that USX may obtain such consumer/background reports, please read the following and sign below: 1. In connection with your application for employment with U.S. Xpress, Inc., Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA). When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report. When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act. The Prospective Employer cannot obtain background reports from FMCSA unless you consent in writing. If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below: 2. I authorize U.S. Xpress, Inc. to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am consenting to the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee. 3. I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I am challenging crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication. 4. Please note: Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report. I also authorize USX to access consumer reports that provide information regarding my employment history and any criminal records from the previous seven (7) years. I authorize USX to conduct a background check on my driving record and to obtain Department of Motor Vehicle Report(s), which I authorize USX to obtain from a consumer reporting agency at any time prior to and during my employment. I understand and acknowledge that this release of information may assist USX to make a determination regarding my suitability as a driver or contractor. If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, you may do so by making such a request to USX and providing proper identification.
If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, if applicable, by HireRight/DAC Services, e-Verifile, PSP/FMCSA, The Work Number, Ten Street, or DriverFACTS, you may obtain a free copy from the respective consumer reporting agency within 60 days of your request. You may also dispute the accuracy or completeness of any information in your consumer/background reports via the contact information listed below:
HireRight, Inc./DAC Services Corporate:
5151 California Ave, Irvine, CA 92617
Cust. Serv.: 14002 East 21st Street, Suite 1200
Tulsa, OK 74134
Explore Information Services, LLC
2750 Blue Water Road, Suite 200, Eagan, MH 55121
PSP/FMSCA
1200 New Jersey Avenue, SE Washington, DC 20590
The Work Number
11432 Lackland, St. Louis, MO 63146
Ten Street, LLC
1120 East 25th Street, Tulsa, OK 74114-2614
DriverFACTS
5051 E Orangethorpe Ave, Suite E265, Anaheim, CA 92807 1-888-***-**** www.DriverRebuttal.com
I have read the above Consumer Reports Disclosure and Release provided to me by USX. I understand that if I sign this consent form, USX may obtain motor vehicle reports, reports of my work history, criminal history, driving, crash and inspection history. I further understand that if I am hired by USX or if USX contracts with me, that DriverFACTS and DAC Services may obtain my work history with USX and that such history will be supplied by DAC Services and DriverFACTS to other companies that subscribe to DAC Services and to DriverFACTS and to companies requesting information related to my work history with USX.
I hereby authorize USX and its employees, authorized agents and/or affiliates to obtain the information disclosed above. This authorization shall remain on file and shall serve as ongoing authorization for USX to obtain consumer/background reports at any time during my employment or while providing contractual services for USX.
Printed Name:
Debra Ann Emery
Social Security #:
3812
Signed Date: 02-15-2016
Debra Ann Emery
2818 80th Ave E
Ellenton, FL 34222
Gender:
IMPORTANT DISCLOSURE
REGARDING BACKGROUND REPORTS FROM THE PSP Online Service In connection with your application for employment with US Xpress, Inc. ("Prospective Employer"), Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration
(FMCSA).
When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report. When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act. Neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. You may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If you challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. Your request will be forwarded by the DataQs system to the appropriate State for adjudication.
Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with Federal Motor Carrier Safety Regulations (FMCSR) violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report. The Prospective Employer cannot obtain background reports from FMCSA without your authorization. AUTHORIZATION
If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below: I authorize US Xpress, Inc. ("Prospective Employer") to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am authorizing the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee.
I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I challenge crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication. I understand that any crash or inspection in which I was involved will display on my PSP report. Since the PSP report does not report, or assign, or imply fault, I acknowledge it will include all CMV crashes where I was a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, I understand all inspections, with or without violations, will appear on my PSP report, and State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on my PSP report. I have read the above Disclosure Regarding Background Reports provided to me by Prospective Employer and I understand that if I sign this Disclosure and Authorization, Prospective Employer may obtain a report of my crash and inspection history. I hereby authorize Prospective Employer and its employees, authorized agents, and/or affiliates to obtain the information authorized above. Printed Name:
Debra Ann Emery
Signed Date: 02-15-2016
U.S. Xpress, Inc.
Xpress Resolution Program and Rules for Arbitration Purpose. The Xpress Resolution Program is designed to provide quick, fair, and inexpensive resolution of disputes among U.S. Xpress, Inc. and its applicants and employees. Except as otherwise stated herein, the Xpress Resolution Program creates the only process for resolving such disputes, and no such dispute can be pursued before a judge and jury in court.
1.
Definitions. The following terms will have the following meanings herein: A. "Agreement" means a written or electronic agreement by which a Participant agrees to the Program.
"Arbitration" means a legal proceeding administered by a Neutral Provider that uses an Arbitrator who issues a signed, written decision that is binding on the Parties to a Legal Dispute. B.
"Arbitrator" means a neutral person with no personal or financial interest in a Legal Dispute who is currently licensed to practice law, has been approved by the Neutral Provider as a qualified arbitrator, and is jointly selected by the Parties to a Legal Dispute. C.
"Class Action" means a class, collective, or other representative action in which a Party pursues a Legal Dispute on behalf of not only that Party, but also on behalf of any other person or entity. D.
"Company" means U.S. Xpress, Inc. and its subsidiary or affiliated companies, together with their directors, officers, employees, agents, and benefit programs (including the fiduciaries, employees, and agents of such programs); any entity or person alleged to be liable together with U.S. Xpress, Inc.; and the successors and assigns of U.S. Xpress, Inc.
E.
"Deliver", "Delivered" and "Delivering" means to send by U.S. Postal Service with postage prepaid; by non-U.S. Postal Service delivery service providing written proof of delivery, with fee for delivery pre-paid or paid by established account. If to U.S. Xpress, Inc., delivery will be made by sending to: U.S. Xpress, Inc., Attention: Lisa Pate, 4080 Jenkins Rd. Chattanooga, TN 37421. F.
"Expenses of Arbitration" means the fees and expenses of the Neutral Provider and Arbitrator (but not respective attorney fees and disbursements, witness expenses, or costs of producing evidence). G.
H. "Initiating Party" means a Party initiating a Legal Dispute and Request for Arbitration.
"Legal Dispute" means any dispute between a Participant and the Company that involves any legal or equitable claim, regardless of when the events on which it is based occurred, including events before or after a Participant's employment and events before a Participant became subject to this Program (unless such Legal Dispute was already asserted in a court or before an administrative adjudicative body). A Legal I.
2.
Dispute does not include - (i) a Participant's claim pursuant to the California Labor Code Private Attorney General Act; (ii) a Participant's claim for workers' compensation benefits, unemployment compensation benefits, or benefits under a plan governed by the Employee Retirement Income Security Act; (iii) a Participant's claim filed in a court or an administrative adjudicative body before the Participant signed an Agreement; or (iv) claims of any Party expressly excluded from mandatory arbitration by federal or Tennessee law (e.g., claims excluded from mandatory arbitration by the Dodd-Frank Act).
"Mediation" means a settlement conference in which a Mediator assists the Parties to a Legal Dispute in trying to resolve the Legal Dispute.
J.
"Mediator" means a neutral person with no personal or financial interest in a Legal Dispute who maintains a current certification as a professional mediator and is jointly selected by the Parties to a Legal Dispute. K.
L. "Neutral Provider" means Resolute Systems, LLC. M. "Participant" means an individual who has agreed to the Program. N. "Party" means a person or entity bound by this Program. O. "Program" means the terms of this document (as amended from time to time).
"Program Director" means the person(s) U.S. Xpress, Inc. appoints to be responsible for the management and administration of this Program.
P.
Q. "Responding Party" means a Party responding to a Legal Dispute and Request for Arbitration.
"Request for Arbitration" means a document in which a Party sets forth a Legal Dispute in short and plain terms to initiate Arbitration under the Program, which shall also include the name and address of the Initiating Party.
R.
Application and Coverage. This Program applies to and binds the Company, each Participant, and the heirs, beneficiaries, and assigns of each Participant. The Program does not restrict or expand substantive legal rights of the Company or any Participant. The Program does not prohibit (i) a Participant from filing a charge with the Equal Employment Opportunity Commission, the National Labor Relations Board, or a similar government agency; (ii) any such agency from investigating any such charge; or (iii) any such agency from pursuing legal action on behalf of a Participant. The Arbitrator, however, will have no authority to grant the Company its attorney fees when it is a prevailing party.
3.
Resolution through Good Faith Negotiations and Mediation. The Parties intend to attempt to resolve Legal Disputes through prompt and informal negotiations. The Participant and a Company representative (not legal counsel where the Participant has no legal counsel present) shall meet personally in a good faith attempt to resolve the Legal Dispute. Should the Legal Dispute remain unresolved after the initial meeting, the Parties may submit the Legal Dispute to Mediation in an attempt to reach a prompt, voluntary resolution. The Parties will jointly agree on a Mediator (if needed, the Neutral Provider may provide a list of Mediators for consideration). The Parties will equally split the fees and expenses of the Mediator, unless the Company elects to pay a greater share. A Participant 4.
only will be required to engage in Mediation if the Company elects to pay all of the fees and expenses of the Mediator. Otherwise, Mediation is voluntary. Any Legal Dispute not resolved through informal negotiations or Mediation must be resolved exclusively through mandatory and binding Arbitration, as set forth herein. Mandatory and Binding Arbitration. This Program is the exclusive method through which Legal Disputes may be resolved. The Neutral Provider will administer Arbitration under its Rules (except as noted otherwise herein). Company will be responsible for paying the Expenses of Arbitration. Nothing in this Program is intended to dissuade any Participant from using Company's Equal Employment Opportunity and similar policies to report suspected violations of the law and/or policy. To the contrary, Participants must comply with those policies. 5.
Temporary Injunctive Relief and Criminal Charges. Any Party may seek from a court necessary temporary injunctive relief, including measures for the protection of persons or property, while a Legal Dispute is being pursued to final resolution under this Program.
6.
Statutes of Limitations. A Party must initiate Arbitration within the statutes of limitations established by law. Any administrative charge that is a prerequisite to litigation (e.g., an EEOC charge) must also be filed within the statutes of limitations.
7.
Fees and Expenses. Except as otherwise provided by law, (1) the expenses of witnesses will be borne by the Party calling them, (2) attorney fees will be borne by the Party incurring them, (3) discovery costs will be borne by the Party initiating the discovery, (4) cost of copies of deposition transcripts or other discovery will be borne by the Party ordering the copy, and (5) the fees and expenses of experts, consultants, and others retained or consulted by a Party will be borne by the Party using those services. 8.
Minimum Recovery for Small Value Claims. If a Party stipulates that the monetary value of a Legal Dispute is no greater than $7,500.00 (excluding possible recovery of attorney fees), and the Party recovers a greater monetary award through Arbitration than was offered as settlement before the Arbitration Hearing, then the Party's minimum recovery will be $7,500.00. A Participant also shall be eligible to recover attorney fees, as applicable by law. 9.
Class Actions. To the extent consistent with the National Labor Relations Act, no Legal Dispute may be made the subject of a Class Action in Arbitration or in a court of law. Instead, a Party must pursue a Legal Dispute only in Arbitration and only on behalf of that Party. The Arbitrator may not mandate or grant a request for Class Action Arbitration; nor may the Arbitrator order the consolidation of multiple Arbitration proceedings. Within thirty (30) days after becoming subject to this Program, a Party may inform the Program Director in writing that the Party is electing to "Opt Out" of that portion of the Program that would prohibit the Party from pursuing a Legal Dispute through a Class Action in a court of law by Delivering written notice to: U.S. Xpress, Inc., Attention Lisa Pate, 4080 Jenkins Rd., Chattanooga, TN 37421. A Party exercising the "Opt Out" right may pursue a Legal Dispute through a Class Action in a court of law, without waiver of the right to a jury, on behalf of only those Parties who also have exercised this "Opt Out" right. If such court denies class certification, the Party's Legal Dispute must again be pursued in Arbitration. By not exercising the "Opt Out" right, a Party voluntarily agrees not to pursue a Legal Dispute through a Class Action in Arbitration or in a court of law. 10.
National Labor Relations Act. The National Labor Relations Act ("NLRA") affords covered employees certain rights (http://www.nlrb.gov/rights-we-protect/employee-rights). This Program does not condition employment on a Participant's waiving non-waivable rights under the NLRA. No Participant will be retaliated against for exercising rights under the NLRA. This Program does not prohibit a Participant covered by the NLRA from filing a charge with the National Labor Relations Board ("NLRB") or from engaging in concerted activity for mutual aid or protection protected by the NLRA. The Arbitrator shall have no authority to determine whether a Party has committed an unfair labor practice as the NLRB has exclusive jurisdiction over such charges. 11.
Confidentiality. All Parties are expected to keep communications regarding a Legal Dispute strictly confidential
(except where disclosure would be necessary to protect an individual's safety or Company's property interests or where a requirement of strict confidentiality is prohibited by law). The Parties and their legal representatives may attend conferences and Arbitration Hearings. Other persons may attend only with the permission of the Parties and consent of the Arbitrator.
12.
Choice of Law and Venue.
U.S. Xpress, Inc. is headquartered in Hamilton County, Tennessee. Employees and owner/operators may work in Tennessee, as well as a number of other states. Employment decisions are typically made in Tennessee, and witnesses and relevant documents are commonly located in Tennessee. Accordingly, the Parties agree that Tennessee law will apply to Legal Disputes, without regard for conflicts of law principles. The Parties further agree that any Arbitration shall be conducted in Hamilton County, Tennessee (unless otherwise agreed). The Arbitrator will set the date and the time of the Arbitration Hearing at least 30 days in advance, unless the Parties agree to a shorter time. A.
Where a Participant is a "transportation worker" (for example, an over-the-road driver), the Tennessee Uniform Arbitration Act ("TUAA") will apply to this Program. Where not expressly inconsistent, the TUAA shall be interpreted in a manner consistent with the Federal Arbitration Act ("FAA"). Where a Participant is not a "transportation worker," the FAA shall apply. B.
13.
Rules Specific to Arbitration.
Request for Arbitration. Requests for Arbitration shall be Delivered to: U.S. Xpress, Inc., Attention Lisa Pate, 4080 Jenkins Rd., Chattanooga, TN 37421. Within ten days of receipt of a Request for Arbitration, the Program Director will forward a copy of the Request for Arbitration to the Neutral Provider. 1.
Selection of Arbitrator. Within ten days of receipt of a Request for Arbitration, the Neutral Provider will simultaneously send each Party an identical list of names of at least five persons chosen from a panel of Arbitrators. Each Party will have 15 days to strike any Arbitrator, number the remaining names in order of preference, and return the list to the Neutral Provider. If a Party does not return the list within 15 days, all Arbitrators will be deemed equally acceptable. From among the Arbitrators approved on all lists, and in accordance with the order of mutual preference, the Neutral Provider will invite one Arbitrator to serve. Each Party will have the right to strike one list of Arbitrators in its entirety. When a Party exercises this right, the Neutral Provider will issue a new list of Arbitrators consistent with the above procedures. If the lists of struck/preferred Arbitrators the Parties return to the Neutral Provider do not contain at least one Arbitrator approved by all Parties, the Neutral Provider will instruct the Parties to rank all of the Arbitrators on the list in order of preference (with number 1 being the most preferred) within 7 days of receipt. Upon receiving the Parties' lists, the Neutral Provider will invite the Arbitrator with the lowest cumulative numerical ranking to accept and serve.
2.
Answering Statements. A Responding Party will Deliver an answering statement to the Neutral Provider, the Initiating Party, and any other Responding Party within 30 days of receiving the Request for Arbitration, which shall include defenses and any counterclaim. The Initiating Party will Deliver an answering statement to any counterclaim to the Neutral Provider and all Responding Parties within 14 days of receiving the counterclaim, which shall include defenses of the Initiating Party. 3.
Initial Conference Call. Within 20 days following the Arbitrator selection, the Neutral Provider will facilitate a call between the Arbitrator and the Parties. During this call, the Arbitrator may instruct the Parties to exchange statements of claims and answering statements and take such other steps as may appear appropriate to achieve the expeditious and just disposition of the Arbitration. 4.
14.
Discovery. With a view toward making discovery expeditious and cost effective, the Arbitrator will direct the Parties to exchange witness lists and to comply with reasonable discovery requests and depositions as contemplated by the Federal Rules of Civil Procedure. The Arbitrator will have the authority, to the extent permitted by law, to enforce notices to, and to authorize the issuance of subpoenas requiring production of documents and attendance of witnesses. The Arbitrator has the authority to issue a protective order to protect the disclosure of confidential or otherwise sensitive information as contemplated by Rule 26(c) of the Federal Rules of Civil Procedure.
5.
Conferences. At the request of a Party or initiative of the Arbitrator, the Arbitrator may hold additional conferences to discuss and decide any matter which will expedite the Arbitration Hearing. The Arbitrator will issue oral or written orders reflecting his or her decisions on the above matters. Any pre-Arbitration Hearing conference may be conducted by telephone, by written submission, or in person. 6.
Summary Disposition. At any time before the Arbitration Hearing and upon written request of any Party, the Arbitrator will notify and hold conferences for discussing issues relating to the summary disposition of a Legal Dispute and will set a briefing schedule with regard to any motions for summary disposition. The Arbitrator will have the authority to issue summary disposition consistent with the procedures and standards applicable under Rules 12 and 56 of the Federal Rules of Civil Procedure. 7.
Administration of the Arbitration Hearing. The Arbitrator and Parties will attend the Arbitration Hearing in person. The Arbitrator may require witnesses to testify under oath and, if required by law or requested by a Party, will do so. The Party requesting any stenographic, audio, or video record of any conference will bear the cost of producing the same; provided, that if the Arbitrator orders all or part of the record, Company will bear the cost. Copies of the record will be furnished to all other Parties upon request and payment of the cost of reproduction. In considering a dispositive motion and in conducting an Arbitration Hearing, the Arbitrator will apply the Federal Rules of Evidence. All documentary evidence to be considered by the Arbitrator will be filed at or before the Arbitration Hearing unless the Arbitrator finds good cause to permit a post-hearing submission. All Parties will be afforded an opportunity to examine and comment on any post-hearing evidence
8.
Post-Hearing Submissions and Decision. The Arbitrator will permit the filing of post-hearing briefs at the request of a Party and will determine the procedure and timing of such filings. Unless otherwise agreed by the Parties or specified by applicable law, the Arbitrator will make a decision no later than 45 days after the date of the closing of the Arbitration (as reopened, if applicable) or, if applicable, after the submission of post-hearing briefs. The Arbitrator's decision will be in writing and signed by him or her. The Arbitrator will write a statement of reasons for the decision which includes an analysis of applicable law. The decision will be executed in any manner required by applicable law. 9.
Modification and Termination. This Program may be modified/terminated by Company by giving 30 days' written notice to Participants it then employs. No such modification/ termination will apply to (i) any Participant not or no longer employed as of the date of notice or (ii) any Legal Dispute with respect to which Arbitration is ongoing as of the date of notice.
15.
Consideration. The consideration provided to a Participant by Company for the Program (and any modification) includes, but is not necessarily limited to: (a) consideration of the Participant's application for employment or to enter into an independent contractor relationship; (b) the Participant's employment or continued employment, understanding that nothing in this document is intended to alter any "at will" employment relationship; (c) the agreement of Company to be bound by the Program; (d) the agreement of Company to give notice of any modifications or termination of the Program; (e) the agreement of Company to pay the Expenses of Arbitration; (f) 16.
the minimum recovery set forth in Paragraph 9; and (g) the agreement of Company to waive any right to recover its attorney fees when it is a prevailing Party.
Severability. Each provision of this Program is severable, and the invalidity or unenforceability of any provision will not affect that of any other. However, if a court of competent jurisdiction determines that the Class Action waiver is unenforceable with respect to a Legal Dispute, then the Parties' agreement to submit that Legal Dispute to Arbitration will be deemed terminated (subject to any appeal of the court's determination). No Arbitrator will have the authority to determine that this Program's Class Action waiver is unenforceable. 17.
No Waiver. The failure of a Party to object to any non-compliance with these Rules will not be deemed a waiver of the right of the Party to insist on full compliance with these Rules. 18.
Printed Name: Debra Ann Emery
Social Security #: 3812
Signed Date: 02-15-2016
Signed:
ARBITRATION PROGRAM AGREEMENT
I have applied to be considered for employment with U.S. XPRESS, INC. ("U.S. XPRESS"). I understand that consideration of my application, as well as any offer of employment, by U.S. XPRESS is contingent on my agreement to be bound by the terms and conditions of U.S. XPRESS's alternative dispute program known as Xpress Resolution Program and Rules for Arbitration (the "Program").
I acknowledge that US XPRESS has provided me a copy of the Program and that I have reviewed it. In exchange for the legal consideration referenced in the Program, including US XPRESS's agreement to consider my application and/or to employ me, I consent to, and agree to be bound by, the terms of the Program. In particular, and without limitation, I confirm my understanding and agreement that work disputes in which I am involved that fall within the Program's definition of
"Legal Dispute" will be resolved exclusively through final and binding arbitration rather than before a judge or jury in court or before an administrative adjudicative body. Within thirty (30) days after becoming subject to the Program, I may inform the Program Director in writing that I am electing to "Opt Out" of that portion of the Program that would prohibit my pursuing a Class Action in a court of law. By not exercising the "Opt Out" right, I would voluntarily agree not to pursue a Class Action in arbitration or in a court of law.
Printed Name: Debra Ann Emery
Social Security #: 3812
Signed Date: 02-15-2016
Signed:
Request/Consent for Information from Previous Employer(s)/Carrier(s) For Alcohol and Controlled Substances Testing Records
And changes in Parts 390 and 391 of the FMCSA
X 02-15-2016
Date
X 3812
Social Security Number
Debra Ann Emery
2818 80th Ave E
Ellenton, FL 34222
Gender:
X Debra Ann Emery
Print Name (First, MI, Last)
X
Signature
I, the above mentioned signer, hereby authorize US Xpress To release and forward in accordance with the following regulation, all known information pertaining to my alcohol and controlled substances testing/training records to US Xpress, Inc.
DISCLOSURE AND RELEASE
In accordance with DOT Regulation 49 CFR Part 391.23, I authorize the release of information from my DOT regulated drug and alcohol testing records by the carriers (company/school) listed above to US Xpress, Inc., or to HireRight for the sole purpose of transmitting such records to US Xpress, Inc.. I authorize release of the following information concerning DOT drug and alcohol testing violations including pre-employment tests during the past three years: (i) alcohol tests with a result of 0.04 or higher; (ii) verified positive drug tests; (iii) refusals to be tested (including verified adulterated or substituted results); (iv) other violations of DOT drug and alcohol testing regulations; (v) information obtained from previous employers of a drug and alcohol rule violation(s); and (vi) documents, if any, of completion of a return-to-duty process following a rule violation. I also authorize the carriers (company/school) listed above to release information about names and dates of previous employers, reasons for termination of employment, work experience, accidents, academic history, professional credentials and other information. The information that I have authorized US Xpress, Inc. or HireRight to review involves tests required by DOT. If any carrier
(company/school) listed above furnishes US Xpress, Inc. or HireRight with information concerning items (i) through (vi) above, I also authorize that carrier (company/school) to release and furnish the dates of my negative drug and/or alcohol tests and/or tests with results below 0.04 during the three-year period and the name and phone number of any substance abuse professional who evaluated me during the past three years.
Request/Consent for Information from Previous Employer(s)/Carrier(s) For Alcohol and Controlled Substances Testing Records
And changes in Parts 390 and 391 of the FMCSA
X 02-15-2016
Date
X 3812
Social Security Number
Debra Ann Emery
2818 80th Ave E
Ellenton, FL 34222
Gender:
X Debra Ann Emery
Print Name (First, MI, Last)
X
Signature
I, the above mentioned signer, hereby authorize Suncoast Trucking Academy To release and forward in accordance with the following regulation, all known information pertaining to my alcohol and controlled substances testing/training records to US Xpress, Inc.
DISCLOSURE AND RELEASE
In accordance with DOT Regulation 49 CFR Part 391.23, I authorize the release of information from my DOT regulated drug and alcohol testing records by the carriers (company/school) listed above to US Xpress, Inc., or to HireRight for the sole purpose of transmitting such records to US Xpress, Inc.. I authorize release of the following information concerning DOT drug and alcohol testing violations including pre-employment tests during the past three years: (i) alcohol tests with a result of 0.04 or higher; (ii) verified positive drug tests; (iii) refusals to be tested (including verified adulterated or substituted results); (iv) other violations of DOT drug and alcohol testing regulations; (v) information obtained from previous employers of a drug and alcohol rule violation(s); and (vi) documents, if any, of completion of a return-to-duty process following a rule violation. I also authorize the carriers (company/school) listed above to release information about names and dates of previous employers, reasons for termination of employment, work experience, accidents, academic history, professional credentials and other information. The information that I have authorized US Xpress, Inc. or HireRight to review involves tests required by DOT. If any carrier
(company/school) listed above furnishes US Xpress, Inc. or HireRight with information concerning items (i) through (vi) above, I also authorize that carrier (company/school) to release and furnish the dates of my negative drug and/or alcohol tests and/or tests with results below 0.04 during the three-year period and the name and phone number of any substance abuse professional who evaluated me during the past three years.
U.S. Xpress, Inc.
Consumer Reports Disclosure and Release
In connection with my application for employment or to provide contractual services with U.S. Xpress, Inc. (USX), I understand that USX may obtain one or more consumer/background reports which may contain public record information, driving history, motor vehicle reports, employment history, criminal history, and/or safety history from consumer reporting agencies, including but not limited to DAC Services (also known as HireRight), e-Verifile, The Work Number, Ten Street, DriverFACTS, and/or the Federal Motor Carrier Safety Administration (FMCSA) via Pre-Employment Screening Program (PSP). These reports may include, but not be limited to the following types of information from federal, state, and other agencies which maintain such records:
1. Names and dates of previous employment/contract services 2. Reasons for termination of employment or termination of contract services 3. Work Experience
4. Accident history/Driving Record
5. Previous records requests from other companies
6. Criminal reports; and
7. Motor Vehicle Reports
USX cannot obtain consumer/background reports unless you consent in writing. If you agree that USX may obtain such consumer/background reports, please read the following and sign below: 1. In connection with your application for employment with U.S. Xpress, Inc., Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA). When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report. When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act. The Prospective Employer cannot obtain background reports from FMCSA unless you consent in writing. If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below: 2. I authorize U.S. Xpress, Inc. to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am consenting to the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee. 3. I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I am challenging crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication. 4. Please note: Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report. I also authorize USX to access consumer reports that provide information regarding my employment history and any criminal records from the previous seven (7) years. I authorize USX to conduct a background check on my driving record and to obtain Department of Motor Vehicle Report(s), which I authorize USX to obtain from a consumer reporting agency at any time prior to and during my employment. I understand and acknowledge that this release of information may assist USX to make a determination regarding my suitability as a driver or contractor. If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, you may do so by making such a request to USX and providing proper identification.
If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, if applicable, by HireRight/DAC Services, e-Verifile, PSP/FMCSA, The Work Number, Ten Street, or DriverFACTS, you may obtain a free copy from the respective consumer reporting agency within 60 days of your request. You may also dispute the accuracy or completeness of any information in your consumer/background reports via the contact information listed below:
HireRight, Inc./DAC Services Corporate:
5151 California Ave, Irvine, CA 92617
Cust. Serv.: 14002 East 21st Street, Suite 1200
Tulsa, OK 74134
Explore Information Services, LLC
2750 Blue Water Road, Suite 200, Eagan, MH 55121
PSP/FMSCA
1200 New Jersey Avenue, SE Washington, DC 20590
The Work Number
11432 Lackland, St. Louis, MO 63146
Ten Street, LLC
1120 East 25th Street, Tulsa, OK 74114-2614
DriverFACTS
5051 E Orangethorpe Ave, Suite E265, Anaheim, CA 92807 1-888-***-**** www.DriverRebuttal.com
I have read the above Consumer Reports Disclosure and Release provided to me by USX. I understand that if I sign this consent form, USX may obtain motor vehicle reports, reports of my work history, criminal history, driving, crash and inspection history. I further understand that if I am hired by USX or if USX contracts with me, that DriverFACTS and DAC Services may obtain my work history with USX and that such history will be supplied by DAC Services and DriverFACTS to other companies that subscribe to DAC Services and to DriverFACTS and to companies requesting information related to my work history with USX.
I hereby authorize USX and its employees, authorized agents and/or affiliates to obtain the information disclosed above. This authorization shall remain on file and shall serve as ongoing authorization for USX to obtain consumer/background reports at any time during my employment or while providing contractual services for USX.
Employer / Contractor / Educational Institution:
Sega Amusement works LLC
Printed Name:
Debra Ann Emery
Social Security #:
3812
Signed Date: 02-15-2016
Debra Ann Emery
2818 80th Ave E
Ellenton, FL 34222
Gender:
U.S. Xpress, Inc.
Consumer Reports Disclosure and Release
In connection with my application for employment or to provide contractual services with U.S. Xpress, Inc. (USX), I understand that USX may obtain one or more consumer/background reports which may contain public record information, driving history, motor vehicle reports, employment history, criminal history, and/or safety history from consumer reporting agencies, including but not limited to DAC Services (also known as HireRight), e-Verifile, The Work Number, Ten Street, DriverFACTS, and/or the Federal Motor Carrier Safety Administration (FMCSA) via Pre-Employment Screening Program (PSP). These reports may include, but not be limited to the following types of information from federal, state, and other agencies which maintain such records:
1. Names and dates of previous employment/contract services 2. Reasons for termination of employment or termination of contract services 3. Work Experience
4. Accident history/Driving Record
5. Previous records requests from other companies
6. Criminal reports; and
7. Motor Vehicle Reports
USX cannot obtain consumer/background reports unless you consent in writing. If you agree that USX may obtain such consumer/background reports, please read the following and sign below: 1. In connection with your application for employment with U.S. Xpress, Inc., Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA). When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report. When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act. The Prospective Employer cannot obtain background reports from FMCSA unless you consent in writing. If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below: 2. I authorize U.S. Xpress, Inc. to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am consenting to the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee. 3. I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I am challenging crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication. 4. Please note: Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report. I also authorize USX to access consumer reports that provide information regarding my employment history and any criminal records from the previous seven (7) years. I authorize USX to conduct a background check on my driving record and to obtain Department of Motor Vehicle Report(s), which I authorize USX to obtain from a consumer reporting agency at any time prior to and during my employment. I understand and acknowledge that this release of information may assist USX to make a determination regarding my suitability as a driver or contractor. If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, you may do so by making such a request to USX and providing proper identification.
If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, if applicable, by HireRight/DAC Services, e-Verifile, PSP/FMCSA, The Work Number, Ten Street, or DriverFACTS, you may obtain a free copy from the respective consumer reporting agency within 60 days of your request. You may also dispute the accuracy or completeness of any information in your consumer/background reports via the contact information listed below:
HireRight, Inc./DAC Services Corporate:
5151 California Ave, Irvine, CA 92617
Cust. Serv.: 14002 East 21st Street, Suite 1200
Tulsa, OK 74134
Explore Information Services, LLC
2750 Blue Water Road, Suite 200, Eagan, MH 55121
PSP/FMSCA
1200 New Jersey Avenue, SE Washington, DC 20590
The Work Number
11432 Lackland, St. Louis, MO 63146
Ten Street, LLC
1120 East 25th Street, Tulsa, OK 74114-2614
DriverFACTS
5051 E Orangethorpe Ave, Suite E265, Anaheim, CA 92807 1-888-***-**** www.DriverRebuttal.com
I have read the above Consumer Reports Disclosure and Release provided to me by USX. I understand that if I sign this consent form, USX may obtain motor vehicle reports, reports of my work history, criminal history, driving, crash and inspection history. I further understand that if I am hired by USX or if USX contracts with me, that DriverFACTS and DAC Services may obtain my work history with USX and that such history will be supplied by DAC Services and DriverFACTS to other companies that subscribe to DAC Services and to DriverFACTS and to companies requesting information related to my work history with USX.
I hereby authorize USX and its employees, authorized agents and/or affiliates to obtain the information disclosed above. This authorization shall remain on file and shall serve as ongoing authorization for USX to obtain consumer/background reports at any time during my employment or while providing contractual services for USX.
Employer / Contractor / Educational Institution:
Gulf Coast Metals Rcyling
Printed Name:
Debra Ann Emery
Social Security #:
3812
Signed Date: 02-15-2016
Debra Ann Emery
2818 80th Ave E
Ellenton, FL 34222
Gender:
U.S. Xpress, Inc.
Consumer Reports Disclosure and Release
In connection with my application for employment or to provide contractual services with U.S. Xpress, Inc. (USX), I understand that USX may obtain one or more consumer/background reports which may contain public record information, driving history, motor vehicle reports, employment history, criminal history, and/or safety history from consumer reporting agencies, including but not limited to DAC Services (also known as HireRight), e-Verifile, The Work Number, Ten Street, DriverFACTS, and/or the Federal Motor Carrier Safety Administration (FMCSA) via Pre-Employment Screening Program (PSP). These reports may include, but not be limited to the following types of information from federal, state, and other agencies which maintain such records:
1. Names and dates of previous employment/contract services 2. Reasons for termination of employment or termination of contract services 3. Work Experience
4. Accident history/Driving Record
5. Previous records requests from other companies
6. Criminal reports; and
7. Motor Vehicle Reports
USX cannot obtain consumer/background reports unless you consent in writing. If you agree that USX may obtain such consumer/background reports, please read the following and sign below: 1. In connection with your application for employment with U.S. Xpress, Inc., Prospective Employer, its employees, agents or contractors may obtain one or more reports regarding your driving, and safety inspection history from the Federal Motor Carrier Safety Administration (FMCSA). When the application for employment is submitted in person, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer will provide you with a copy of the report upon which its decision was based and a written summary of your rights under the Fair Credit Reporting Act before taking any final adverse action. If any final adverse action is taken against you based upon your driving history or safety report, the Prospective Employer will notify you that the action has been taken and that the action was based in part or in whole on this report. When the application for employment is submitted by mail, telephone, computer, or other similar means, if the Prospective Employer uses any information it obtains from FMCSA in a decision to not hire you or to make any other adverse employment decision regarding you, the Prospective Employer must provide you within three business days of taking adverse action oral, written or electronic notification: that adverse action has been taken based in whole or in part on information obtained from FMCSA; the name, address, and the toll free telephone number of FMCSA; that the FMCSA did not make the decision to take the adverse action and is unable to provide you the specific reasons why the adverse action was taken; and that you may, upon providing proper identification, request a free copy of the report and may dispute with the FMCSA the accuracy or completeness of any information or report. If you request a copy of a driver record from the Prospective Employer who procured the report, then, within 3 business days of receiving your request, together with proper identification, the Prospective Employer must send or provide to you a copy of your report and a summary of your rights under the Fair Credit Reporting Act. The Prospective Employer cannot obtain background reports from FMCSA unless you consent in writing. If you agree that the Prospective Employer may obtain such background reports, please read the following and sign below: 2. I authorize U.S. Xpress, Inc. to access the FMCSA Pre-Employment Screening Program (PSP) system to seek information regarding my commercial driving safety record and information regarding my safety inspection history. I understand that I am consenting to the release of safety performance information including crash data from the previous five (5) years and inspection history from the previous three (3) years. I understand and acknowledge that this release of information may assist the Prospective Employer to make a determination regarding my suitability as an employee. 3. I further understand that neither the Prospective Employer nor the FMCSA contractor supplying the crash and safety information has the capability to correct any safety data that appears to be incorrect. I understand I may challenge the accuracy of the data by submitting a request to https://dataqs.fmcsa.dot.gov. If I am challenging crash or inspection information reported by a State, FMCSA cannot change or correct this data. I understand my request will be forwarded by the DataQs system to the appropriate State for adjudication. 4. Please note: Any crash or inspection in which you were involved will display on your PSP report. Since the PSP report does not report, or assign, or imply fault, it will include all Commercial Motor Vehicle (CMV) crashes where you were a driver or co-driver and where those crashes were reported to FMCSA, regardless of fault. Similarly, all inspections, with or without violations, appear on the PSP report. State citations associated with FMCSR violations that have been adjudicated by a court of law will also appear, and remain, on a PSP report. I also authorize USX to access consumer reports that provide information regarding my employment history and any criminal records from the previous seven (7) years. I authorize USX to conduct a background check on my driving record and to obtain Department of Motor Vehicle Report(s), which I authorize USX to obtain from a consumer reporting agency at any time prior to and during my employment. I understand and acknowledge that this release of information may assist USX to make a determination regarding my suitability as a driver or contractor. If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, you may do so by making such a request to USX and providing proper identification.
If you desire to receive a copy of your investigative consumer/background reports that were provided to USX, if applicable, by HireRight/DAC Services, e-Verifile, PSP/FMCSA, The Work Number, Ten Street, or DriverFACTS, you may obtain a free copy from the respective consumer reporting agency within 60 days of your request. You may also dispute the accuracy or completeness of any information in your consumer/background reports via the contact information listed below:
HireRight, Inc./DAC Services Corporate:
5151 California Ave, Irvine, CA 92617
Cust. Serv.: 14002 East 21st Street, Suite 1200
Tulsa, OK 74134
Explore Information Services, LLC
2750 Blue Water Road, Suite 200, Eagan, MH 55121
PSP/FMSCA
1200 New Jersey Avenue, SE Washington, DC 20590
The Work Number
11432 Lackland, St. Louis, MO 63146
Ten Street, LLC
1120 East 25th Street, Tulsa, OK 74114-2614
DriverFACTS
5051 E Orangethorpe Ave, Suite E265, Anaheim, CA 92807 1-888-***-**** www.DriverRebuttal.com
I have read the above Consumer Reports Disclosure and Release provided to me by USX. I understand that if I sign this consent form, USX may obtain motor vehicle reports, reports of my work history, criminal history, driving, crash and inspection history. I further understand that if I am hired by USX or if USX contracts with me, that DriverFACTS and DAC Services may obtain my work history with USX and that such history will be supplied by DAC Services and DriverFACTS to other companies that subscribe to DAC Services and to DriverFACTS and to companies requesting information related to my work history with USX.
I hereby authorize USX and its employees, authorized agents and/or affiliates to obtain the information disclosed above. This authorization shall remain on file and shall serve as ongoing authorization for USX to obtain consumer/background reports at any time during my employment or while providing contractual services for USX.
Employer / Contractor / Educational Institution:
SMP Trasportation
Printed Name:
Debra Ann Emery
Social Security #:
3812
Signed Date: 02-15-2016
Debra Ann Emery
2818 80th Ave E
Ellenton, FL 34222
Gender: