USF Holland Change of Operations Decision, May 2009
Affecting Locals 20, 24, 40, 299, 375, 397, 406, 407, 413, 449, 486 and 614.
USF Holland (YRC) Decision - MR-CO-13-05/2009
The following is the decision from the USF Holland Multi-Region Change of Operations MR-CO-13-05/2009, which was heard on Wednesday, May 27, 2009, at the Sheraton Gateway Suites O’Hare, Rosemont, IL.
Decision: Motion that the Company’s proposed Change of Operations, filed under Article 8, Section 6 of the NMFA, be approved as modified, clarified, and stipulated by the Company on the record with the following provisions:
1. The method of bidding, as proposed by the Company, with the gaining positions being posted by classification at each of the affected losing locations on Friday, May 29, 2009, for a seven (7) consecutive day period and the resulting bids being reviewed with the affected business agents and awarded on Friday June 5 with the road bids becoming effective on Sunday, June 14, and the local cartage bids becoming effective on Monday, June 15 is approved. The Company has modified their proposal in regards to the number of gaining road positions being offered from Mansfield, OH to Columbus, OH from 3 to 6; and from Mansfield, OH to Toledo, OH from 1 to 2; and from Mansfield, OH to Akron, OH from 3 to 5 and the Committee approves those modifications.
2. Gaining positions shall be bid on a classification seniority basis utilizing each respective employee’s present bidding and layoff seniority date. Successful bidders shall be dovetailed on the applicable classification seniority list at the gaining location they bid into based on their bidding seniority date. Provided however, losing positions at Erie, PA shall be bid to all qualified employees on the single line (common road and local cartage) seniority list.
3. Unsuccessful bidders shall be afforded other work opportunities under the provisions of Article 5, Section 5 of the NMFA on USF Holland system wide basis and shall be applicable to both CDL qualified road and local cartage employees. And shall be entitled to wok opportunity under the provisions of Article 3, Section 2 of the NMFA at other commonly owned NMFA companies.
4. Employees bidding into an Eastern Region location that has a single line seniority list (common road and cartage) must remain in the classification they were in at the time of the bid for a period of one (1) year unless the next annual bid occurs at least nine (9) months following the date the employee relocated under this decision.
5. Qualified employees who are on long-term disability (LTD) at the time of the bid shall be allowed to bid and if successful, they are not able to claim their bid at the time of implementation, the position they bid shall be offered to other qualified employees at the losing location affected on seniority hold down basis. The successful hold-down bidder shall be dovetailed on the applicable classification seniority list at the gaining location involved based on their present bidding and layoff seniority date until such time as the LTD employee is able to return to work and claim his bid. At which time the hold-down bidder shall be afforded the opportunity to remain at the gaining location and be given a new bidding and layoff seniority date as of the date the hold-down bid became effective or return to the location he bid out of on a dovetail seniority basis. Hold down bidders shall not be entitled to any of the relocation and moving expenses unless and until such time as it is determined the LTD employee will never return to work at which time the hold down bidder shall be considered as a successful bidder at the time of the original bid and shall then be entitled to all of the provisions of this decision.
6. Employees who have been discharged and whose discharge is pending resolution under the applicable provisions of the NMFA and its appropriate Supplemental Agreement shall be afforded the opportunity to bid.
7. Office Clerical seniority Application
Historically, the Change of Operations Committee has protected the integrity of the NMFA bargaining unit in connection with the Change of Operations by endtailing employees consolidating with the unit from facilities not covered by the NMFA collective bargaining agreements. The Committee similarly has protected the integrity of bargaining units under “white paper” agreements in conjunction with Change of Operations by endtailing employees consolidating with those units from facilities not covered by the same “white paper” agreement. In both instances, consolidating employees are endtailed onto the seniority list covering their classification of employment.
This established method of protecting the integrity of existing freight industry bargaining units shall be applied in this Change of Operations. At those locations with an office consolidation or follow the work employee moves, classification seniority in the applicable collective bargaining unit shall prevail and majority rule shall determine represented status
Accordingly, in regards to the consolidation of office clerical work from Holland, MI and Grand Rapids, MI, in Grand Rapids, the 7 employees at the Holland facility, who have classification seniority under the terms of the Michigan Office Supplemental Agreement to the NMFA, shall be afforded the opportunity to follow the work being consolidated in Grand Rapids. A new seniority list shall be established at the consolidated Grand Rapids location. Those employees without seniority under the Michigan Office Clerical Supplement shall be endtailed on the new Grand Rapids seniority list, shall be given a bidding and layoff seniority date as of the date of implementation of this decision, shall be ranked among themselves based on their Company date of hire, shall retain their Company date of hire for vacation purposes, and shall not suffer a reduction in wages as a result of this decision.
In regards to the transfer of office clerical work from Pontiac, MI to Detroit, MI the Company has modified their proposal and have increased the number of gaining positions at Detroit from 5 to 6 and the Committee approves that modification. Because both the Pontiac and Detroit office clerical facilities are subject to the terms of the Michigan Office Clerical Supplement to the NMFA employees accepting the opportunity to transfer from Pontiac to Detroit will be dovetailed on the Detroit seniority list based on their present bidding and layoff seniority dates.
8. Employees transferring into a location that has employees on layoff in the same classification as that of the transferring employee may not be bumped by a more senior employee who is on layoff unless and until such time as the senior employee is recalled for regular work opportunity by a letter of recall or the equivalent thereto, at which time he shall be dovetailed on the active seniority list.
9. Employees relocating under this decision shall not have their earned vacation adversely affected and vacation entitlement shall be paid in accordance with the Southern region Letter of Understanding.
10. Relocation and lodging expenses shall be paid in accordance with the provisions of Article 8, Section 6 (c) of the NMFA.
11. There shall be a 180 day window period, during which time if there is need for the Company to add over-the-road, local cartage or office clerical employees at any of the gaining locations, such additional positions shall be offered on a classification seniority basis, to those appropriate employees who did not have opportunity to successfully bid a gaining position at the time of the original bid. This provision shall application prior to recalling an employee from layoff for regular work opportunity.
12. The local seniority practices entered into the record by Local Unions 614, 299 and 413 are recognized by the Committee.
13. The Committee shall retain jurisdiction of this decision for a period of one year for the purpose of resolving any disputes relative to this decision.
14. Nothing contained in this decision is intended to be in violation of the terms of the NMFA or its Supplemental Agreements.