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July 2004 Roadway Spy Newsletter Good and Happy Independence Day to all. I know it's been a long time since I published a newsletter, but with my "new scheduling", it is almost impossible to get to a computer, read the mail and compose a letter without drawing a ton of attention. One good thing is that I have the ability to move more freely throughout the system and talk with associates, one on one, and get the "insider scoop." I didn't die, haven't become complacent or been fired, just to clear things up. I have a couple of inquiries, so without any further delay: R71/T241, Cincinnati, OH: Have a look at this page at The RoadDrivers Weekly, the title of the page is The RoadWaySpy Newsletter. Follow the link to view the page: http://www.roaddrivers.org/roadwayspy.htm Everyone should be aware that an ethicspoint complaint, which is supposed to be confidential was made into a false statement by Tom Brown (relay supervisor) and the company (Cincinnati, OH). and used at a local hearing to try to fire or discipline the steward. The driver who made the complaint confirmed it was not what he said. Everyone needs to be aware that this is proof that not only is it not confidential, but that they are using it as a means of disciplining fellow Teamsters. You may contact the steward to confirm this if you wish. Spy Note: I'll do just that. Fellow Teamsters, just a reminder, Ethicspoint is a direct violation of our Constitution under Article 2, Section 2, Page 7 on lines 18 through 26. Article 19 charges can be filed against an accuser and the accuser can lose his privilege as a Teamster, along with his pension and benefits. R68, Denver, CO: This question is "edited" to allow a fast response: "Spy, I'd just like to know why Roadway doesn't seem to be able to run their sleeper operation without everybody running over the top of each other. I came from another union carrier, which is now out of business, and they had a whole lot better operation when it came to sleepers. Maybe you can advise? Spy Note: Let me have a crack at this. The company you speak of is NationsWay, owned and run by Jerry McMorris. NW ran their complete sleeper operations out of one domicile which was Denver. This operation enabled NW to set scheduling and provide service anywhere in the country without the fear of a "Run Around" claim. This was accomplished by giving the sleepers priority over their line haul section. Say you were a sleeper operator and were dispatched from Denver to Chicago. When you arrived in Chicago, your load was waiting on you. Now this load may go to Los Angeles, you as the operator had the choice of taking it there or back to Denver, depending on your respective bid. NW also didn't limit that operation to just their relays. If the load went to Caribou Maine, and you elected it, when you arrived in Caribou, you would either have a load or an empty to get you back to the closest relay, so that you could move on or return to Denver. Everything they had was contingent on passing through Denver. Now, if YRCW did that, and placed a "Sleeper" operation in say, St. Louis and Yellow followed suit by placing it's entire sleeper operation in Kansas City, we could cut the country in half, have two operating directions with just one hub and service the customers a whole lot faster. Maybe someone at YRCW will pickup on this and formulate a plan. Never Know! R73/T341 St. Louis, MO: Spy, hope you can help me. We are being forced to give up or first fueling by the company, and if we get less then 100 gallons on the fuel, they consider it a "No Fuel." Any ideas or suggestions? Spy Note: I take it that this question pertains to Sleeper Operations, so I'll address it in that fashion. I had to go dig out your contract book and take a good look at this one. Under Article 56.8 of the supplement, it states that you must give up your first fueling. When I researched it further, the language in 56.8 is in direct conflict with Article 51.1 and Article 6.1. Also, there is no mention of it in Article 8.8 of the National, so my advise to you is to grieve it and see what shakes out. 30 minutes of time doesn't seem like much, but when you multiply it by approximately 24000 sleeper drivers in YRCW, that's a hefty chunk of change. Hope that helps and keep me posted. EDITORIAL: I've been on the go since the Change but I must let you in on what transpired in February, just before it. YRCW held a conference call to it's terminals in which it stated that should our Change go badly, they were instructed to pursue and secure our $1 M plus customers. This was a contingency plan just in case of failure, but I wasn't impressed. I know this to be factual as I heard it in a Midwestern location and 5 of my associates from various location throughout the country e mailed me with the same information. Make no doubt that YRCW was and is ready to step into the breach if necessary. I have noticed on my travels that there are many things going on. In some locations, The company is taking the position of time verification at rail yards. Others are questioning fueling times. Many of the major shops do not have sufficient parts to repair the equipment, and by far, Penske Truck Leasing is doing a "Land Office" business with our sleeper operations. All the perks that we used to give to our customers are being eliminated, as we have a new brand name and logo soon to appear -- "Roadway, Your Way." Hate to say it Boss, but we didn't need to have a "brand Change" as the old name is synonymous with service as it is. Been around for over 75 years and still going strong. The rumor mill is going strong also, but folks, rest assured that there isn't a "merger" in the near future. If YRCW decides to slam these two big companies together, the results will be a disaster. Every merged company that ever was is no longer in existence. It just doesn't work. Too many job losses, in a time where, we as drivers, are at a premium. Too much overlap and too many chiefs without enough Indians. Over the next few weeks, I'm going to be purging the address books to find out who is still good and who isn't, so don't be surprised if you receive an e mail from me wishing to confirm your subscription and current e mail address. I'm also being hosted by 2 web sites of which the newsletter can be viewed and downloaded. They are: http://www.roaddrivers.org and http://www.truckingboards.com The Roadway Spy newsletter is open to all YRCW associates, management and labor. Got a beef or a question, drop me a line and let's chat. Until later, Have a Happy Independence Day and as always, Be Safe! RoadwaySpy RoadwaySpy@aol.com |
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02.20.2006 - Good
day all. Yesterday was the Change of Operations phone bid.
Preliminary reports are that less then 50 percent of what was
needed to happen was accomplished. I'll have better numbers and
results later this week, after they are analyzed. Without further
delay, here is the roundup.
USF HOLLAND, Bowling Green, OH:
Last word on Albany and Syracuse, NY, is to
stay open. Unsure of any details.
ROADWAY EXPRESS, R55/T511 Dallas, TX:
For once in 20 years I have been at
Roadway-----Dallas didn't take a screwing on the change. The
biggest problem I have with Roadway is they let drivers work
"Off the Log," much like grocery stores let employees
work off the clock. They encourage drivers to not log on
duty waiting time so the driver winds up working 90 hours a week
because it doesn't show on the log. At Dallas the mind set
is---"we can't hire drivers now" so they look the other
way to drivers who sit 2-4 hours in the yard and never log it ON
duty.
Spy Note: This isn't an isolated problem at
Dallas. ROD has been around a long time and is a throw back to the
old logging schemes with the 14 hour rule.
ROADWAY EXPRESS, R60/T682 Greenville, SC:
Well, at 682 Greenville, SC they are letting switchers take voluntary layoff. Then, because of the Carolina Supplement they can reassign into city, laying at least 6 men off. We asked if it would be possible to participate in the phone bid, Roadway agreed, but Tyson Johnson said city men are not involved (go figure). Layoff because of change -- but not involved. Then Charlotte, NC which is not involved on city side of change, has taken 6 men from Greenville, SC. The men had to resign from 682, go to bottom at 681's board but kept company seniority. They (our local) let the terminal manager in Charlotte pick who she wanted, not even in seniority.
Spy Note: Sounds like some underhanded
dealings here. There is more on Tyson Johnson coming up. Read on.
ROADWAY EXPRESS, T433 Chattanooga, TN:
Spy, We at the Chattanooga-Ringgold terminal
Are looking forward to the 4 drivers we will be getting. I went to
the hearing in Chicago. The change could not be stopped, but I
thought Tyson did a good job protecting those involved. WE are to
gain 2 Cinn. runs--don't have the freight. Company says it will be
there. We still do not have dispatch rules. That makes things
interesting at times. Most of us are from White Pine. It
closed this past June. Some Drivers are having a hard time
making the adjustment. Dispatcher Terry Paterson is leaving. He
told me living in Morristown and working in Ringgold was too much.
Good luck, you will be missed.
Spy Note: There are a number of terminals
involved in this change that do not have road drivers domiciled in
them, so they will have to create them once the operation begins.
ROADWAY EXPRESS: R64/T120 Stroudsburg, PA:
UPS "Freight" in Overnites yard --
Enough to make you sick! At the risk of sounding like a
"Company Man," Those pictures are one of the many
reasons this change is happening. Service, Service, Service!
That's what Yellow is looking for!
This change is not the one that worries me,
It's the next 3 or 4 as they "Fine tune" the system. As
for the change it scary to listen to Jr. men worry about where
they will be working next, And they are NOT talking about Roadway.
Some of the Sr. men are looking forward to this. Some want to
retire south with Rex footing the moving bill. Others want a
change of pace. It seems that 120/R-64 has one of the more top
heavy seniority lists at Rex. Guys who are 150-250 on the master
list here would be in the top 30 or 50 at 242 (Columbus, OH), 211
(Akron, OH), 231 (Buffalo, NY) , or 457 (Meridian, MS), Not to
mention the city operations!
Sunday is the big day for the phone bid. 120 is having it at the terminal. How in the hell they are planning to have 200+ men in the break room at one time is beyond me! Thank God I don't have to worry about it because there is no way in hell they would force me to wait outside for a couple of hours in the cold just so they won't have to rent a hotel banquet hall! Talk about cheap! I wonder if other Breakbulks are doing the same? I can see everyone in Greenville or Hagerstown waiting outside in freezing weather just to bid. People are pissed off as it is, Then to rub salt in an open wound? Nice gesture from Roadway Management! They are real "People person's" aren't they?
ROADWAY EXPRESS, R71/T241, Cincinnati, OH:
Company posted a note stating that NO delay
time on breakdowns or delays will be paid before you call dispatch
- No phone in my truck! Also same deal at rail heads-never
mind that most rails do not have phones for drivers. It also says
that the delay at the rail should be less than the J-1 slips
(that's the receipt for the rail you drop off or when you pick up
a trailer) . That is a good trick! How can you be there before
they print your slip and leave before you check out? LOL, some
things never change.
Spy Note: Here is the memo from the
terminal:
Attention R71 drivers:
All delay time requested much have visible documentation before we pay delay time. Some examples of visible documentation are: 1. Punch marks on the driver's paycard 2. A phone call from the driver when the delay starts and a phone call from the driver when the delay time ends One phone call from a driver requesting delay time is not considered visible documentation. For example, if a driver calls in and requests two hours of delay at a railhead, the clock would start ticking when he first notified us. We will not pay any time prior to the notification. The J-1's given at a rail yard can be used as a guideline. However, keep in mind that the amount of time we would pay would be less than the time on the J-1's because the driver is responsible for the time it takes to get to the lot. We will not pay delay time for another facility that was open. If the delay was at 411 (Atlanta, GA) then the driver should secure that time from 411. If the delay time was at the x50 railyard, while conversing with 309 (Chicago Heights, IL) dispatcher, then the driver should secure that time from 309.
Spy Comments: Mr. Brown, we don't have a time
clock in our tractors, there isn't one available at the railyard
check in desk, and ROADWAY doesn't pay for my cellphone usage. Any
suggestions on how not to violate Article 51, Section1 of the NMFA
CSS? (All time spent in the service of the Employer shall be PAID
FOR!)
ROADWAY EXPRESS, T657 Norfolk, VA:
657 will have 211 (Akron, OH) and 135
(Harrisburg, PA) as primary, problem is they can't turn 135 so
will 135 relay it to 153 (Hagerstown) so these guys can turn it
out 657 and keep the service. (idea here).
Phone bids start this Sunday and the TM has no
idea how they are going to handle the (6) incoming domiciled road
men. Work rules, dispatch procedures, cut times, bid runs are just
a few issues. Trying to get the city operation set in place to
coincide with the road so we're rebidding again for the third time
as this layoff of city guys has some not returning as certified
letters were sent out for these guys to return (good luck). Left
some of these guys out too long and they went to work elsewhere.
Freight levels has really picked up and
outbound is the driving force now, space is limited at the dock
and we need to acquire a larger facility as the former Preston
terminal in Norfolk is available (hint, hint). This would be ideal
for more doors for the container freight we been starting to get
and this is growing as brokers thought we were only LTL. If
they were smart they could acquire the new property to handled the
growth and lease the current property that is already paid for.
(just a thought)
Summary: when this COO gets up and running it
will be the rebirth of the "SUPER REGION" Preston used
to operate.
Spy Note: Yes, it looks that way, only
it will be nationwide!
ROADWAY EXPRESS, R77/T231, Buffalo, NY:
The Red Circle in Buffalo effected me in 1997;
I challenged the Red Circle as it pertains to "Dovetail
Transfer" under a Multi-Region change of operations and won
my full seniority rights back in March 1999. To understand the
Issue you must understand the intent of the Red Circle agreement
as it was written in the 1994 New York State Supplement. As I
understand it there was a shortage of qualified Hostlers.
The result?
"Break Bulk Terminals
(Local Cartage Operations)
Article 73. Section 1.
NYS Supplement The following provisions shall be applicable to those employers who operate a seven (7) day break-bulk terminal and will provide for a common seniority list between the dock and yard. City drivers shall be maintained on a separate list. Those employers who currently maintain a different seniority application as of March 31, 1994 a one (1) time master bid shall be held. Thereafter, there shall be no requirement by the Company or the Union to permit transfers. It is understood that bid yard employees by name, based on the number of current yard bids, shall be red circled as of April 1, 1994. Those red circled will be the successful bidders on the one time master bid.
Employees who are in the dock classification as
of March 31, 1994 will also be red circled as of that date. City
drivers as well as laid off city drivers, at the time of the
master bid may bid for a yard or city position. In the event a
driver cannot hold either position he will remain in layoff on the
city driver seniority list. All other provisions of the National
Master Freight Agreement and the New York State Teamster Freight
Division Local Supplemental Agreement shall apply to such
operation except as specifically amended herein."
My Opinion,
The Intent of the NYS Negotiating Committee was
to protect those City Drivers who chose the Yard Hostling position
from "Dock" Employees bidding in front of them. In turn,
the Dock employees were "Red Circled" to protect them
from Hostlers who transferred from the city bidding in front of
them. The Dock employees were not offered the Hostling positions
at this time, "Only City Drivers". This entire issue has
been convoluted and presented before the committee to somehow
suggest that Article 8, Section 6 of the NMFA is invalid as it
pertains to Buffalo, NY transferees.
Local #375 is still signatory to the NMFA unlike Local 710 Chicago; The Change of Operations Committee has made a grave error in denying the Dovetail rights to the Transferees. I personally feel the Company is applauding this decision, as it will save them a great deal of money in moving transferees that are discouraged by this decision.
Our predecessors in this great union fought
long and hard for the right to "Dovetail Transfer"
Should their work be transferred to any area across the country.
Opening and closing of terminals is a regular event in our
Industry and occurs very often. Without dovetail transfer
opportunity our career Investment as Teamsters in greatly
diminished.
Michael G Larson
LU#41 Kansas City, MO Spy Note: Thanks for your input and insight!
HEADLINES:
Did you get the email I sent you on Zollars
selling almost $6 million worth of YRC stock. He said it was
to diversify. Or, did he know something in advance? Read
this article.
YRC Lowers Earnings Figures; Will Cut Jobs at Md. Terminal Click here to write a Letter to the Editor.
YRC Worldwide lowered its previously reported
earnings for the fourth quarter and 2005, and the company will cut
about 200 jobs in Maryland, news reports said.
In a Securities and Exchange Commission filing,
YRC - formerly Yellow Roadway Corp. - restated its earnings lower
for the fourth quarter to $1.30 per share, down $1.34 it reported
in late January, the Business Journal of Kansas City reported.
The company lowered its 2005 figure to $5.07 a
share, from $5.12 previously reported. (Click here for previous
coverage.)
The lower rates were due to foreign currency
accounting for Reimer Express, a Canadian subsidiary of YRC's
Roadway Express unit, the Journal said.
Meanwhile, YRC is cutting 196 jobs at a Roadway
truck terminal in Hagerstown, Md., as part of its ongoing
restructuring following the 2003 merger of Roadway and Yellow
Transportation, the Associated Press reported.
The affected workers, who represent about
two-thirds of the terminal's work force, will be able to bid on
jobs the company is adding around the country, a local Teamsters
union official told the Hagerstown Herald-Mail newspaper, AP said.
By Transport Topics
Another funny thing is he was in the last issue of Forbes, saying how proud he was of the fact that only 500 people between both Yellow and Roadway had to be eliminated due to the merger. You and I know that is incorrect. Hell, 2 weeks after saying that, he is wacking 200 Roadway people in one shot. If it's a combined company with lower than expected earnings, why are all of the cuts at Roadway? 500....who's he kidding. He seems he was outright lying when he sold the stock in November and about the number of job losses already or in the future. It looks like the Forbes article was to "blow smoke" to Wall Street, before the earnings announcement.
Spy Note: I just read in a Business Wire
release that Mr. Zollars has accepted and signed another 5 year
deal to continue his position as CEO and President of YRCW.
#2: A federal appeals court ruled that a
customer service representative fired by Yellow Transportation did
not qualify for the transportation worker exemption in the Federal
Arbitration Act. The decision of the U.S. Court of Appeals
for the 8th Circuit, which reverses a lower court ruling, allows a
carrier to compel arbitration of the former employee's grievances
as called for in the parties' dispute resolution agreement.
The appeals court determined that the employee had never directly
transported goods, operated any vehicle, handled any packages or
directly supervised drivers in interstate commerce. The
appeals court also concluded that a strike by customer service
representatives, while inconvenient, would not disrupt interstate
commerce or halt trucks from making deliveries. The job did
satisfy certain elements of the transportation worker test
regarding the coordination of freight flow, but the central task
was to provide information to Yellow customers, not to supervise
packages moving in interstate commerce, the appeals court said.
UNION INFORMATION:
Roadway Express Change of Operations
Decision, February 2006
Affecting Locals 17, 20, 24, 25, 28, 41, 61, 63, 71, 81, 89, 100, 104, 107, 135, 150, 170, 200, 222, 229, 245, 249, 251, 294, 299, 301, 312, 317, 325, 340, 355, 364, 371, 375, 377, 384, 391, 404, 406, 407, 413, 429, 445, 449, 480, 509, 519, 528, 549, 560, 592, 597, 600, 612, 633, 651, 653, 667, 673, 676, 677, 687, 701, 707, 710, 728, 745, 773, 776, 822, 891, 988 and 992 Roadway Express Multi-Region Change of Operations Decision MR-CO-01- 02/2006
The following is the decision from the Roadway
Express Multi-Region Change of Operations, which was heard at a
special hearing, February 1, 2006, at the Sheraton Gateway Suites,
Rosemont, IL.
The Company's proposed change of operations has
been approved as clarified, modified and stipulated by the Company
on the record with the following provisions:
1. The Company's proposed method of bidding and
the date of February 19, 2006, beginning at 0900 hours CST as the
date and time of the telephone bid and the date of March 12, 2006,
as the date of implementation are approved provided, however, the
Company shall furnish all the information requested on the record
by the various Local Unions no later than 5:00 p.m. February 3,
2006. Both the road portion and the city portion of the change
shall be bid simultaneously.
2. The date of October 31, 2005, shall be the
date to determine active and inactive status for purposes of
bidding and shall also be the date to determine new hires who
shall not be eligible to bid under this decision.
3. Employees shall exercise their present
bidding and layoff seniority date for purposes of bidding under
this decision and shall be dovetailed onto the applicable
seniority list at the location they bid into using that seniority
date; provided however, employees bidding into gaining local
cartage, switcher and office clerical positions in Chicago (Local
710) shall be endtailed on the Local 710 applicable seniority list
and shall be given a bidding and layoff seniority date of March
12, 2006, but shall retain their current seniority date for
vacation purposes, and shall be ranked among other employees
bidding into Chicago in accordance with their ranking on the
master dovetail seniority list they are bidding off of.
4. Gaining switching and local dock/cartage
positions shall be bid separately at the time of the original
telephone bid; provided however, successful bidders shall be
subject to the local seniority practices at the location they bid
into for purposes of job selection. The Company is instructed to
make these seniority practices available to all losing affected
Local Unions prior to the bidding date.
5. Employees on letter of layoff at a gaining
location shall not be allowed to exercise their seniority to bump
a less senior employee who bids into that location as an active
employee unless and until such time as he is recalled to regular
employment by letter of recall at which time he shall be
dovetailed on the active seniority list.
6. Employees bidding into an Eastern Region
location that has a single line seniority (common road and local
cartage seniority list) must remain in the classification they bid
out of for a period of one (1) year unless the next annual bid at
that location occurs at least nine (9) months after the date of
implementation.
7. Employees bidding into Columbus, Ohio (Local
413) shall be subject to the Local 413 seniority practice and the
Company is instructed to make a copy of that practice available to
all losing affected Local Unions prior to the bidding date.
8. Employees bidding into Cleveland (Local 407)
shall be subject to the Local 407 seniority practice and the
Company is instructed to make a written copy of this practice
available to each of the losing affected Local Unions prior to the
bidding date.
9. Southern Modified Seniority shall be
exercised in accordance with the Southern Region Over-the-Road
negotiating committee's agreement of July 27, 1999, and shall
become effective following the implementation and the date the
employee first punches in.
10. Qualified bidders who are on long-term
disability (LTD) at the time of the bid shall be allowed to bid
and in the event they are not able to claim their bid on the date
of implementation the position they bid into shall be offered on a
hold-down basis to other employees in the same classification at
the affected losing domicile. The successful hold-down bidder
shall be dovetailed on the applicable seniority list at the
location they bid into until such time as the LTD bidder is able
to claim his bid, at which time the hold-down employee will be
afforded the opportunity to either return to the location he bid
out of with full dovetail seniority or remain at the hold-down
location, in which case he will be given a new bidding and layoff
seniority date as of the date the hold-down began but shall retain
his present bidding and layoff seniority date for vacation
purposes. Employees bidding a hold-down position shall not be
entitled to any moving or lodging expenses set forth in Article 8,
Section 6 unless and until such time as it becomes evident the LTD
employee will never return to work, in which case the hold down
bidder will be considered as a successful bidder at the time of
the original bid and shall be entitled to all of the provisions of
this decision.
11. Employees who have been discharged and
whose discharge is pending resolution under the applicable
provisions of the NMFA and its Supplemental Agreements shall be
afforded the opportunity to bid.
12. A local cartage employee (dock/cartage) who
elects to bid into a gaining location where it is mandatory to be
CDL qualified and who is not CDL qualified, shall be afforded the
opportunity, during the sixty (60) consecutive day period
following the date of implementation, to train to become CDL
qualified. The employer shall provide appropriate personnel and
equipment to train the employee at the employee's present domicile
unless otherwise mutually agreed to. In the event the employee
fails to become CDL qualified he shall forfeit his bid and remain
at his present domicile.
13. In order to bid into a gaining
over-the-road location that requires a driver to be triples
certified, the driver must be triples certifiable and become
certified as soon as possible.
14. Re-bidding at each of the affected
locations will be conducted within sixty (60) days following the
date of implementation; provided, however, primary runs that are
reversed by virtue of this decision will be re-bid at the time of
implementation as stated by the Company on the record. In
addition, existing bids will not be affected by this decision.
15. Those over-the-road domiciles that were
previously designated as Article 29, Section 3 domiciles for
purposes of driver protection under a decision rendered by the
National Intermodal Committee shall not have their earnings
protection modified by this decision, other than as specifically
provided under the provisions of Article 29, Section 3 (c) 2,
paragraph 4 of the NMFA. New road domiciles established by this
decision shall be subject to the provisions of Article 29, Section
1 of the NMFA as stipulated and agreed to by the Company on the
record.
16. Any driver affected by this decision that
is presently protected under the $700.00 per week provisions of
Article 29, Section 3 of the NMFA and a National Intermodal
Committee decision shall continue to enjoy that earnings
protection at the location they bid into under this decision. This
provision shall not have any effect on any other driver at the
location the affected driver bids into who was not previously
protected by a decision rendered by the National Intermodal
Committee. However, any such protected driver who is afforded the
opportunity and has enough seniority to relocate under this
decision but elects to remain at his present domicile where his
seniority will not allow him to remain active shall forfeit the
$700.00 earnings protection he had been entitled to.
17. Employees transferring from the
jurisdiction of one Supplemental Agreement to that of another
Supplemental Agreement shall not lose their entitlement to earned
vacation in accordance with the applicable Letter of
Understanding.
18. In accordance with the specific provisions
of Article 8, Section 6 (a) paragraph 4 of the NMFA, pension and
health and welfare contributions paid on behalf of a re-domiciled
employee shall continue to be paid into each of the respective
trusts such contributions were being paid into immediately prior
to the date the employee relocates.
19. Full time Teamster officers, business
agents and organizers who have seniority rights to return to the
Company shall be allowed to bid and if successful must claim that
bid at the time they cease to be a full time officer and/or
business agent or forfeit their bid.
20. Based on the fact the number of gaining and
losing positions involved in the cartage, switcher and office
clerical positions are equal and on the fact the Company will have
need to hire additional road drivers, which are in addition to any
new hires necessary under the applicable provisions of a
Supplemental Agreement, and on the Company's commitment to hire
these additional employees in a timely manner, there shall not be
a window period. However, the Committee shall retain jurisdiction
of this decision for 18 months to resolve any disputes relative to
the implementation and administration of this decision. As stated
by the Company on the record the Company will either recall or
hire new employees at those
gaining locations where the number of transfer opportunities do not fill.
21. The provisions of Article 5, Section 5 of
the NMFA shall be extended to all classifications of employees
affected by this decision.
22. As stipulated to by the Company on the
record at those locations where two and three bid workweeks are
implemented, affected employee's pension, health and welfare
contributions and vacation entitlement shall be calculated on five
days each week.
23. In the event a successful local cartage
bidder has to renew his CDL because of this decision when moving
from one state to another state and as a result he suffers a loss
of his driving privileges pending a background check provided he
applies for the renewal in a timely and appropriate manner, he
shall be afforded other work during the period of the delay for
which he is qualified.
24. Based on the commitments of the Company on
the record and based on the specific facts involved in this
particular change of operations, employees, who bid out of
terminals which go into a hiring mode in the successful bidders'
classification within the 90- day period following implementation,
shall have retreat rights back to the terminal they bid out of.
(This does not apply to laid off employees.) The Committee shall
retain jurisdiction over this provision during the 90-day period.
25. A sub-committee of one representatives from
Local Unions 710, 776, and 377 and three representatives of the
Company are appointed to review and monitor the legitimacy of the
Chicago Heights, Harrisburg run over the previous North Lima
operation to determine if this run can be made in accordance with
DOT Hours of Service Regulations with regularity and if not, the
sub-committee is instructed to report back to the Committee and
the Company will be afforded the opportunity to determine an
alternate point of dispatch to bring this run into compliance with
DOT Hours of Service
Regulations.
26. The request of Local 391 that the affected
391 employees who will be offered transfer opportunities under
this decision be excluded from the pool bidding and be allowed to
follow work being transferred as requested by Local 391 on the
record is specifically denied.
27. At those locations that are gaining
mechanics and office clerical employees and there are White Paper
Agreements that provide that employees transferring in will be end
tailed, successful bidders shall be end tailed on the appropriate
seniority list.
28. As stated by the Local Union and the
Company on the record, those positions in Buffalo, New York, Local
375, that are red circled for purposes of bidding only shall not
be affected by this decision.
29. Based on the Company's statements and
commitments on the record relative to providing work opportunity
for those road drivers transferring into Atlanta, the request of
Local 728 to reduce the number of transfer opportunities is
specifically denied.
30. Moving and lodging expenses shall be paid
in accordance with the provisions of Article 8, Section 6 (c) of
the NMFA; provided however, the Company's proposal to pay, on an
individual voluntary basis, $3,150.00 less applicable tax
withholdings in lieu of lodging expenses is approved.
31. Nothing contained herein is intended to be
in violation of the terms of the NMFA or any of its applicable
Supplemental Agreements.
Spy Note: Can you say Monty Hall and the
game show "Let's Make a Deal"? Tyson, Jimmy, why are you
guys dropping trousers and bending over? Must be the "Lump
Sum" cash payment!
I saw this on the www, and I am passing on to you to read. Call Doris Cash @ Local 728 (404-622-0521 or 404-664-6014) if you have any questions.....this is serious stuff for some of us.......Jimi
IBT Vice-President Tyson Johnson Signs Off on
Dropping Member Protection
The National Review Committee (Tyson Johnson
for the IBT and Jim Roberts for TMI) ruled Teamster members
covered under NMFA Supplements will no longer have the option of
requesting a 3rd doctor's evaluation in cases involving DOT
medical examinations. This giveback to the employers was tacked
onto the end of a decision involving a Harrisburg Local 776 ABF
member.
This protection has been in place for decades
and helps prevent the employers from imposing decisions made by
company doctors. Prior to the latest ruling, the decision of the
3rd Doctor was binding. It's unclear now how the difference of
opinion between a member's doctor and that delivered by a company
doctor will be resolved. Leaving each such case up to the panels
is not a solution, especially when a better procedure has been in
place for so long.
Confronted by members, Tyson Johnson now claims
that he did not sign the decision (even though his signature
appears on it) and there are rumblings that it could be
overturned. What is going on at the IBT and in the freight
division? Why are long-time provisions being traded away? If the
decision is overturned, what will the IBT end up giving the
employers in exchange?
For a copy of the letter go to: http://www.roaddrivers.org/3rddr.pdf
Spy Comment: If this is the answer to
the question, then it must have been a mighty stupid question to
begin with. It seems to me that Tyson is stepping on himself
everytime he moves here lately. I'm also checking into a piece of
legislation being pushed by Mr. Hoffa that will cut your pension
benefits in half when receiving Social Security. I'll let you know
what I dig up in the next newsletter.
COMMENT LINE:
Hello roadway spy,
Let me say first that I appreciate the info from you. In the case of the new UPS freight name, color scheme, and what not. I agree, something will have to be done. We will feel a big bite when this rolls out. Look at it from the public's view. To most of them UPS is like the be all to end all. They marvel at the hustle of the UPS employee. They brainstorm about how to get their workers to be that energetic. On another note, you can bet your butt, there will be no chrome trailer tape, cut headliners, dirty (inside or out) tractors, broken out dashboards, behind the sunvisor graffiti, half-assed, slap it together so it can roll equipment, on the roads with the UPS name associated with it.
Well, folks there you have it. The Good, Bad
and just plain Ugly of this change. Due to the length of the
newsletter, I'll reserve the Opinion section for next month. Until
then, this newsletter is open to all Yellow Roadway Corp.
associates, management or labor. Got something to say, something
you want to discuss, drop me a line and let's chat.
Roadway Spy
Comment on Spy's February Newsletter
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