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USF Holland Change of Operations Decision, August 2004

Affecting Locals 7, 20, 24, 26, 28, 40, 71, 89, 100, 120, 135, 147, 164, 179, 200, 215, 299, 325, 364, 371, 375, 391, 397, 406, 407, 413, 414, 449, 480, 486, 505, 509, 519, 538, 554, 563, 600, 612, 614, 651, 662, 667, 695, 710, 728, 916, 957, and 991

USF Holland Multi-Region Change of Operations MR-CO-07-08/2004

The following is the decision from the USF Holland Multi-Region Change of Operations MR-CO-07-08/2004, which was heard August 12, 2004, at a special hearing.

DECISION: The Company’s proposed Change of Operations be approved as modified and clarified by the Company on the record with the following provisions:

  • The Company’s proposed method of bidding and the posting of the bidding notice for a seven-day period commencing August 20 and the date of Sunday, August 29, to conduct the telephone bid and the implementation date of September 4, 2004, are approved.

  • In the event the 20 positions offered at the Buffalo Terminal are not filled through the bidding process by the current system over-the-road drivers, the filling of these positions with new hires shall be subject to the provisions of the June 22, 2004, TNFINC-USF Holland Expansion Agreement, Attachments A and B.

  • All additional new employees who are hired subsequent to the filling of the original 20 positions shall also be subject to the provisions of the June 22, 2004, TNFINC-USF Holland Expansion Agreement Attachments A and B.

  • As stated by the Company on the record, the present over-the-road system dispatch procedures shall be applicable at the Buffalo Terminal.

  • Accrued vacation rights for those employees transferring under this decision shall be protected in accordance with the applicable southern region over-the-road negotiating committee Letter of Understanding.

  • The request of Local 179 for the committee to reconstruct the seniority date of those drivers who transferred into Joliet under the provisions of Article 5, Section 5 of the NMFA is specifically denied.

  • The Agreement on the part of Local Union 375 and 449 to allow Local 375 cartage employees the opportunity to fill over-the-road positions at Buffalo that are not filled by system road drivers at the time of the original bid is specifically rejected by the Committee and shall have no application in this change of operations. In addition, the Committee finds this is a matter not subject to a multi-region change of operations but rather subject to area practices.

  • In the event the 20 positions offered at Buffalo are filled at the time of the original bid, there shall be a 120-day window period. However, in the event the bids do not fill, there shall be no window period, and this Committee shall hold jurisdiction of this decision for a one-year period.

  • Employees who have been discharged and whose discharge is pending adjudication under the grievance procedure shall be afforded the opportunity to bid.

  • Qualified bidders who are on long-term disability (LTD) at the time of the bid shall be allowed to bid. In the event they are unable to claim their bid on the date of implementation, that position shall be held for them until such time as they are able to return to active employment.

  • Health and welfare and pension contributions on behalf of employees relocating under this decision shall continue to be paid into the respective health and welfare and pension trusts such contributions were being paid immediately prior to the time the affected employee relocated. In addition, any employee offered work opportunity that is subject to the provisions of the TNFINC-USF Holland Expansion Agreement Attachments A and B shall have their health and welfare and pension contributions paid into the respective health and welfare and pension funds such contributions were paid at the time they were employees of Red Star.

  • Nothing contained in this decision is intended to be in violation of the National Master Freight Agreement or its Supplemental Agreements.