Charles A. Boyd and Darby A. Harvey - Page 7

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          tractors contained larger sleeper berths, allowing for a 60-inch            
          mattress.                                                                   
               The sleeper berth was designed to provide a driver with room           
          to rest while transporting a load of freight.  Drivers’ sleep was           
          less restful in the sleeper berth than in a motel.  The sleeper             
          berth vibrated and was not quiet because the truck engine                   
          remained on while drivers slept so that they had ventilation.               
          Additionally, drivers worried about burglary of their cargo while           
          they slept in the sleeper berth.                                            
               Drivers slept in the sleeper berth more often than not.                
          Continental management assumed that drivers slept in the sleeper            
          berth on average 6 of 7 nights per week.                                    
          Motel Rentals                                                               
               Drivers would sleep in a motel while they traveled to                  
          prevent fatigue and to maintain safety.  While they were                    
          traveling, Continental generally did not reimburse drivers for              
          motel rooms.4  Drivers slept in a motel anywhere from two or                
          three times per month to 3 nights per week.  Generally, drivers             
          did not spend more than $30 to $35 for a motel.                             



               4  Pursuant to a corporate layover policy, Continental                 
          provided $25 per day in wages and up to $30 reimbursement for a             
          motel if the driver was not moving.  For example, if a driver was           
          waiting to unload or load the trailer at its destination due to a           
          backup, the driver would receive layover pay and reimbursement              
          for a motel on the second night the driver was waiting to unload.           





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