Aggregate Industries Management Inc. (“AIM”) and its U.S. subsidiaries will be contracting with a mobile phone provider for the purchase of new mobile phones for use by ready-mix (RMX) drivers in this region. These new phones will include enhanced technology to promote both operational safety and logistical efficiency. One such technological feature will be Global Positioning System (GPS) capability.
All RMX drivers will be required to carry these phones while on duty, with the GPS function enabled.
RMX driver acknowledges that the phones are not meant for any personal use whatsoever, and that their use is permitted only for working with the ConcreteDirect or Kubik application. Driver shall never operate the phone (and/or the ConcreteDirect or Kubik application) while driving or operating any vehicle. Any breach or violation of this paragraph constitutes a violation of AIM’s Cell Phone Usage Policy, and will be handled accordingly (violation of this policy will result in disciplinary action up to and including termination).
Federal and state laws permit owners of commercial vehicles to equip them with GPS tracking, whether as embedded equipment or, in this case, via the use of mobile phones assigned to drivers of company-owned trucks.
It is important to note that, during off-duty hours, no driver is required to keep the GPS-equipped mobile phone on his or her person or in his or her residence.
Those drivers who are considered “Tiger Business Drivers” or “Franchise Drivers,” (collectively, “Tiger Drivers”) i.e., drivers who are not employees of AIM, and whose trucks AIM does not own, understand and acknowledge that they are independent contractors, and this agreement in no way creates an employee/employer relationship. Such Tiger Drivers shall at all times be independent contractors and not joint venturers with, or partners, employees, agents, representatives, or servants of AIM. Tiger Drivers shall have exclusive control and direction of themselves and their employees. Nothing in this Acknowledgement (nor anything else related to Tiger Drivers’ use of the ConcreteDirect or Kubik application) shall be interpreted or construed as creating or establishing a relationship of employer and employee between Tiger Drivers and AIM, or between AIM and any employee, contractor, vendor, representative, or agent of Tiger Drivers.
If you have any questions about this issue, please contact your supervisor.
Please acknowledge you have received and read this notification.