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Yellow Freight Change of Operations Decision, January 2001

Here is the decision from the Yellow Freight System, Inc. Multi-Region Change of operations MR-CO-01-01/2001, which was heard January 16, 2001 at a special hearing held in Kansas City, Missouri.

The affected Local Union numbers include:

  • 407 of the Central Region

  • 25, 29, 71, 107, 170, 229, 249, 251, 294, 317, 326, 404, 557, 639, 641, 653, 671, 707, 771, 773, 822, and 992 of the Eastern Region

  • 402, 480, 515, 528, 549, 612, 667, 728, 745, 878 and 891 of the Southern Region

FOLLOWING PAGE CONTAINS:

  • The company's proposed date of Monday, January 29, 2001, as the date the telephone bid will be conducted and the proposed implementation date of March 11, 2001 are approved.

  • The date of November 15, 2000, shall be recognized as the date to determine active and inactive status for the purposes of this decision and shall also be the date recognized as the date to determine new hires who shall not be eligible to bid under this decision.

  • Employees shall exercise their current bidding and lay-off 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.

  • 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.

  • Based on the fact that number of gaining and losing positions in both the Local and road portions of this change 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 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.

  • Employees bidding into an Eastern Region location that has a single line seniority (i.e. combination road and local cartage) must remain in the classification they bid out 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.

  • 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 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 hold-down 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 provisions of Article 5, Section 5 of the NMFA with a bidding and lay-off seniority date consistent with the 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 lay-off seniority date for all purposes. The company shall not be responsible for the moving expenses under Article 8, Section 6 for the hold-down employee unless and until such time as it is determined that the LTD employee will never be able to claim his bid, at which time the hold-down employee shall be awarded the bid on a permanent basis.

  • 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 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 employees 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 re-bidding 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 re-bids as early as possible.

  • 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 earnings 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

  • Pension and health and 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 decisions of the change of operations committee shall so specify.

  • The requests of the Local Union 326, relative to the future seniority rights of those drivers who transfer into Local 326, as stated on the record, are specifically denied.

  • The request of Local Union 641 for the company to offer recall rights at Elizabeth, New Jersey to those drivers who are on voluntary lay-off at Elizabeth, as the result of electing not to bid in a previous change of operations, following the closure of the bidding under this decision is approved. If and when such drivers are recalled by letter of recall for regular employment, they shall be dovetailed on the applicable Elizabeth seniority list. The request of Local 641 to extend those recall rights to Edison, Pinebrook and Carlstadt is specifically denied.

  • The request of Local Union 771 to modify the company's proposed method of bidding to allow for bidding of both road and city positions at the same time is approved.

  • The request of Local 667 to allow a hold down bid for any city positions that are not filled as the result of the successful bidder not becoming CDL qualified is denied in this instant case.

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