EXHIBIT III
PRIVATE FLEET DRIVER HANDBOOK
Wal-Mart's Private Fleet Driver Handbook contained terms and conditions with regard to termination of the truck drivers. According to the Wal-Mart's Private Fleet Driver Handbook, a driver could be terminated from his job if he refused to deliver an assignment given to him. However, if a driver refused to deliver the assignment due to fatigue or insufficient rest, the refusal was not considered as a violation. This book included other rules, the violation of which would result in immediate termination of the driver. This book was maintained by Wal-Mart to create awareness about the role, duties and responsibilities of a driver towards the company, society and profession in various situations. The expected actions of each driver and the 'code of behavior' was clearly detailed in this handbook and the driver had to strictly adhere to these rules and regulations. However, drivers were not terminated simply because they violated the rules and terms mentioned in the handbook. The facts, circumstances, situations and other collaborative evidence were taken into account and thoroughly assessed to decide about the termination. When a driver violated a rule or 'code of behavior', he was not terminated immediately, but was first taught the correct code of behavior by Wal-Mart.
For example, though the handbook mentioned that drivers had to be very polite and kind while dealing with the store personnel and others, a driver was not terminated for being rude. Instead, he was given a warning and asked to behave properly. He was terminated only when he showed no improvement. The drivers were also required to secure the truck trailers at the time of delivering them to the stores. The inability or failure to do so was not considered as a breach of contract that would result in immediate termination. However, a driver was once terminated from his job (in the year 2000) by Wal-Mart's
then Private Fleet Manager, Mr. Paul Darwin, (who took charge in 1998) for leaving a trailer unsecured at one of the stores near a highway.
Moreover, according to the rules mentioned in the handbook, the drivers should exchange the truck trailers in a totally 'safe and responsible' manner, so that neither the trailers are damaged during exchange or in transit, nor does it result in any loss to other people in the form of injury, etc. When a driver leaves an unloaded trailer in front of the Wal-Mart store for the store personnel to pick it up, he should ensure that the trailer is properly safeguarded and secured against a closed dock in the store. This would ensure that no other person would gain access to the unloaded trailers.
For Wal-Mart, an avoidable accident was a more severe offense than refusing to deliver an assignment for dispatch. Mr. Paul Darwin, the then Private Fleet Manager of Wal-Mart, once dismissed a driver for being involved in an accident that could have been avoided or prevented. However, the driver's dismissal was later withdrawn.