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Yellow Freight Change of Operations Decision, April 2001

Affecting Locals 25, 28, 29, 41, 71, 89, 100, 120, 135, 147, 160, 170, 171, 175, 200, 229, 236, 245, 249, 251, 294, 299, 317, 326, 375, 391, 402, 404, 406, 407, 413, 449,460, 480, 515, 519, 523, 528, 554, 600, 612, 651, 653, 662, 667, 671, 695, 707, 710, 728, 771, 795, 822, 823, 833, 878, 957, 991, 992

Local Unions: 364, 414, and 749 (for information only)

Yellow Freight System, Inc., multi-region change of operations MR-CO-02-4/2001, was heard April 20, 2001, at a special hearing in Kansas City, Mo. The company’s proposed change of operations was approved as clarified by the company on the record with the following provisions:

  • The company’s proposed date of Monday, May 7, 2001, as the date the telephone bid will be conducted and the proposed implementation date of Sunday, June 10, 2001, are approved.

  • The date of December 1, 2000, shall be recognized as the date to determine active and inactive status for purposes of this decision and shall also be the date of determine new hires, who shall not be eligible to bid under this decision.

  • Employees shall exercise their current bidding and layoff seniority date for purposes of bidding under this decision and shall be dovetailed on the appropriate seniority list at the location they bid into utilizing that seniority date; excluding, however, those employees who elect to bid into the Local 710 (Chicago) local cartage operation, including hostlers. These employees shall be entailed on the appropriate Local 710 seniority list and shall be ranked among them in accordance with their current bidding and layoff seniority date.

  • Employees bidding into an Eastern Region location that has single line seniority (i.e. combination road and local cartage) 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 relocation.

  • Southern modified seniority shall be exercised in accordance with the Southern Region road negotiating committee agreement of July 27, 1999, and shall become effective after the general bid.

  • 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, but who are unable to claim their bid on the date of implementation, that position shall then be offered on a hold-down basis. This hold-down bid will be offered to the remaining active employees at the LTD’s current location and classification who have not been offered transfer opportunity under this decision. The successful bidder shall be dovetailed on the applicable seniority list at the location bidding into. When the LTD employee returns to work and claims his bid, the hold-down employee shall be allowed to either remain at the hold-down location under the provision of Article 5, Section 5 of the NMFA with a bidding and layoff seniority date consistent with the date of implementation of this decision, but shall retain his original date of implementation of this decision, but shall retain his original seniority date for vacation purposes, or return to his original domicile with his original bidding and layoff seniority date for all purposes. The company shall not be responsible for the moving expenses under Article 8, Section 6 of the NMFA for the hold-down employee unless and until such time as it is determined that LTD employee will never be able to claim his bid, at which time the hold-down employee shall be awarded the bid.

  • A local (dock/cartage) employee who elects to bid into a gaining location where it is necessary to be CDL-qualified and who is not CDL-qualified, shall be offered a sixty (60) day period during which the company shall offer appropriate personnel and equipment to train the employee to become CDL-qualified. The training period shall commence the date the employee becomes a successful bidder. Should the employee fail to become CDL-qualified during the sixty (60) day training period, he shall forfeit his bid and remain on the seniority list at his current location. Training shall be offered at the affected employee’s current location unless otherwise mutually agreed to.

  • The company’s proposal to allow for a ninety (90) day period following the date of implementation before rebidding is reduced to sixty (60) days: provided, however, where it is obvious the sixty (60) day period is not necessary, the company is instructed to implement rebids as early as possible.

  • Based on the fact the number of gaining and losing positions in both the local and road portions of this change of operations are equal and based on the applicable provisions of Article 8, Section 6 of the NMFA, there shall be no window period nor any “hold bids” allowed. However, the committee shall retain jurisdiction of this decision for a period of one (1) year and all issues that may arise relative to this decision during this period may be filed directly with the multi-region change of operations committee for adjudication.

  • Those driver domiciles that have been previously designated as Article 29, Section 3 domiciles for purposes of driver protection by a decision rendered by the National Intermodal Committee shall not have their earning protection modified by this decision, other than as specifically provided in Article 29, Section 3(c) 2, paragraph 4 of the NMFA.

  • Employees transferring from one supplement to another supplement under this decision shall not lose their entitlement to earned vacation in accordance with the previously agreed to letter of understanding.

  • n accordance with the specific provisions of Article 8, Section 6(a), paragraph 4 of the NMFA, “Pension and Health & Welfare Contributions paid on behalf of a redomiciled employee shall be paid to the funds to which the contributions were made prior to the employee’s change of domicile, and the decision of the change of operations committee shall so specify.”

  • Employees who are on letter of layoff at a gaining facility shall not be allowed to bump a junior employee who follows work to that facility unless and until such time as they are recalled by letter of recall, at which time they shall be dovetailed into the active seniority practices and applications prior to the telephone bid.

  • The affected local union and the company are instructed to furnish all losing local unions with a copy of special seniority practices and applications prior to the telephone bid.

  • The request of Local 413 to offer two (2) over-the-road positions at Wheeling, IL or Elk Grove, IL is specifically denied.

  • The request of Local 413 for the opportunity to offer relocation opportunity to shop employees is specifically denied.

  • The request of Local 600 to exclude certain end-of-the-line terminals from the pool bid is specifically denied.

  • The request of Local 710 for the committee to designated the Kansas City-Chicago Lane and the Buffalo-Chicago Lane as shared lanes is specifically denied.

  • Full-time Teamster officers and/or agents who have seniority rights to return to active employment with the company shall be allowed to bid, and if successful must claim that bid at the time they leave such position or at the conclusion of their term of office or forfeit their bid at that time.

  • The request of Local 707 to conduct the local and over-the-road bidding simultaneously is approved.

  • The request of Local 771 for two (2) additional over-the-road employees the opportunity to relocate is specifically denied.

  • Moving expenses shall be furnished in accordance with Article 8, Section 6 of the NMFA, and the company’s statement that an employee must physically relocate their household in order to be eligible for lodging is improper.

  • In regard to the seniority application at Des Moines, IA, Local 147 and Charleston, WV, Local 175, effective on the implementation of this decision: an over-the-road driver bidding into either of these locations will be protected on the over-the-road board with the seniority date he exercises at the time of transfer, and effective with the next annual bid, he shall be dovetailed on the common over-the-road/local cartage seniority list of all bidding purposes thereafter.

  • Nothing contained in this decision is intended to be in violation of the NMFA or any of its respective supplemental agreements.