Charles A. Boyd and Darby A. Harvey - Page 9

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          diem on a basis other than miles driven would have required a               
          duplicate accounting system.                                                
               Between 1995 and 1997, drivers were in short supply.                   
          Continental could not abruptly change its compensation system if            
          its drivers would have perceived the change to their detriment,             
          as Continental would lose large numbers of drivers to competing             
          trucking firms.  Continental management concluded that in times             
          of short labor supply, changes in a compensation system must                
          occur across the industry, and no single company can change                 
          significantly its compensation without an adverse impact on its             
          driver retention.                                                           
               Continental made a business decision to substantiate                   
          deductions for its drivers’ per diem allowance using the revenue            
          procedures prescribed by the Internal Revenue Service.                      
          Continental did not require drivers to submit receipts or records           
          of their travel expenses, if any, except pursuant to layover and            
          phone call policies.  Drivers generally did not submit receipts             
          or other records to the corporation.  Indeed, when drivers did              
          submit receipts for travel expenses not related to layover or               
          phone calls, Continental destroyed the receipts or put them back            
          in the driver’s trip envelope without consideration.                        
               Continental paid the per diem in lieu of reimbursing actual            
          expenses for meals and incidental expenses incurred by drivers.             








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