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Affecting Locals 17, 20, 24, 30, 41, 63, 71, 89, 100, 104, 107, 120, 135, 179, 200, 217, 229, 238, 245, 249, 294, 301, 312, 325, 340, 355, 364, 371, 375, 384, 391, 407, 413, 429, 449, 480, 509, 519, 528, 554, 568, 577, 600, 612, 657, 667, 676, 695, 710, 728, 745, 769, 773, 776, 891, 957, 988 and 992 Roadway Express Multi-Region Change of Operations Decision MR-CO-03-02/2007 The following is the decision from the Roadway Express Multi-Region Change of Operations MR-CO-03-02/2007, which was heard on Monday, February 12, 2007, at the Hilton San Diego Resort, San Diego, CA. Decision: Motion that the Company’s proposed change of operations is approved as clarified and modified by the parties on the record with the following provisions: 1. The Company’s proposed method of bidding with the telephone bid to take place on Sunday, March 4, 2007, at 0900 Central Standard Time is approved. The implementation date shall be Sunday, March 18, 2007. 2. Because this is a multi-region change of operations, bidding into gaining locations shall be on a pool bid basis and employees shall exercise their current bidding seniority. 3. Successful bidders shall be dovetailed onto the appropriate seniority list at the location they bid into using their current bidding seniority. However, Local 710 switchers and dock employees who bid into a gaining location shall be end-tailed on the applicable seniority list at the location they bid into and mechanics who bid into Cincinnati, Dallas, and Memphis shall be end-tailed on the applicable mechanics seniority list at the location they bid into. Local 710 switchers and dock employees and mechanics shall be ranked among themselves on the applicable seniority list at the location they bid into in accordance with their present bidding seniority dates. 4. Both active and inactive employees shall be afforded the opportunity to bid in accordance with this decision. The date to determine new hires, which shall not be afforded the opportunity to bid, shall be October 6, 2006. 5. Qualified employees who are on long-term disability (LTD)
at the time of the bid shall be afforded the opportunity to bid and in the event
they are unable to claim their bid at the time of implementation, the position
they bid into shall be offered on a hold-down basis to other employees at the
same classification at the affected losing domicile. The successful hold-down
bidder 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. An employee who has 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. 8. A Local Cartage employee (dock/cartage/switcher) who elects to bid into a gaining location where it is mandatory to be CDL qualified excluding Kansas City, Springfield and South Bend, 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. In regards to Kansas City, Springfield and South Bend, Indiana's request that all employees bidding into those locations must be CDL qualified the committee finds based on the circumstances involved in this particular case only, the 60 day qualifying period will be extended to 120 days. Because the employer requests that employees bidding into Kansas City, Springfield and South Bend move upon the implementation date, they will receive moving expenses and have 120 days to train in those locations to become CDL qualified. During that 120 day qualifying period no employee's seniority will be violated in regards to the additional pure dock positions in the above-mentioned locations. Thereafter, such employees may exercise their seniority to bid any position for which they are qualified. 9. 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. 10. 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. 11. 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, organizer or forfeit their bid. 12. Southern Modified Seniority shall be exercised in accordance with the Southern Region Over-the-Road Negotiating Committee’s Agreement as amended on January 24, 2007, and shall become effective after the general telephone bid that is provided for in this decision. 13. Re-bidding at each of the affected locations will be conducted sixty (60) days following the date of implementation; provided however, where the sixty (60) day period is not necessary the bids will be posted as soon as possible or as otherwise may be mutually agreed to. 14. 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 Southern Region Over-the Road Letter of Understanding relative to this matter and that letter of understanding shall be attached hereto and made a part of this decision. 15. Moving and lodging expenses shall be paid in accordance with the provisions of 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. 16. 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 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. 17. Based on the fact the number of gaining and losing positions involved in the cartage/dock and switcher positions are equal and on the fact the Company will have need to hire an additional 22 road drivers, which are in addition to any new hires necessary under the applicable provisions of any of the Supplemental Agreements, and on the Company’s commitment to hire these additional 22 road drivers in a timely manner, there shall not be a window period. However, the Committee shall retain jurisdiction of this decision for a one (1) year period to resolve any disputes relative to the implementation and administration of this decision. 18. In the event the number of gaining positions do not fill during the telephone bid, the company is advised to meet with the affected Local Unions to determine the need, if any, to fill these positions and the method by which additional positions will be filled. 19. Health, welfare and pension contributions shall continue to be paid into the trust they were paid into immediately prior to the time an employee bids to move into the jurisdiction of another Supplemental Agreement. 20. In regards to the question raised by Local 20 relative to the bidding date Tim Wallace will use for bidding under this decision, that date shall be his company date of 1-25-99. 21. In regards to the request of several Local Unions to extend the provisions of Article 5, Section 5 of the NMFA to all classifications is denied. 22. In regards to the question raised by Local 41 relative to employees bidding out of a location that has a single line seniority system, employees on that single line seniority list regardless of the classification they are presently employed in, may bid any classification at any gaining domicile. 23. Those Local 710 OTR employees who voluntarily transferred from Chicago to Libertyville, Crystal Lake and Chicago west following the 2006 approved Change of Operations shall be given the seniority date they enjoyed while they were domiciled in Chicago. Those individuals are Louis West with a seniority date of 10-10-87; Steven Zoger, 2-8-96; Stephen Woosly, 9-12-96; Matthews Akers, 5-20-98; Carlos Clay, 11-18-04, and Daniel Danaher, 9-22-05. 24. The Local 407 and Local 413 seniority practices shall be made available in writing to each of the losing domiciles prior to the date of the bid. 25. The Local 957 Dayton single line seniority practice shall be furnished in writing to all of the losing locations prior to the date of bid. 26. The request of Local 429 for employees bidding into its location to be end-tailed is denied. 27. In regards to the request of Local 229 for those mechanics bidding out of 229 to maintain their mechanics rate of pay is denied and those individuals shall be paid in accordance with the agreement in effect at the location they bid into. 28. In regards to the issues raised by Local 776 and 728 regarding road bids being bid on either a 3 and 3 or 3 and 2 is subject to the provisions of the applicable Supplemental Agreement and the Hours of Service Regulations and should be determined by mutual agreement of the parties. 29. In regards to the request of Local 992 on behalf of Michael L. Mimnall for a hardship transfer from Durham to Hagerstown is denied. 30. The request of Local 519 for four drivers to be included in the pool bid is denied. 31. The request of Local 710 to include additional opportunities for drivers to bid out is denied. 32. The request of Local 667 to reduce the number of local cartage positions allowed to bid from six to five is denied. 33. The request of Local 63 on behalf of Jose Deckard who has a CDL but not a medical card at this time to be allowed to bid is approved. 34. Provision 8 of the Letter of Agreement entered into by the Company and Local 63 dated February 11, 2007, shall be incorporated and made a part of this decision. (THE FOLLOWING DOCUMENT WAS TYPED INTO THE RECORD BY THE SHORTHAND REPORTER.) Letter of Agreement regarding the Roadway 2007 Change of Operations and Teamsters Local 63 1. Copies of bids from gaining facilities will be provided as soon as possible. 2. Names of laid off employees at gaining facilities and the dates they were laid off are attached. 3. The Bloomington general office will not be affected as a result of this Change of Operations. The Company does not intend to reduce the number of bids under current economic conditions. As a resolution to this issue the Company and Union agree to modify the Letter of Understanding regarding the Bloomington and Los Angeles offices. Specifically, the first sentence in item 4 will be amended to read, "effective on the date of the 2007 Roadway Change, new hires will be hired into a specific seniority list and the contract will apply." 4. As a result of Local 63's concerns regarding the amount of hostling work involved in the Change, the Bloomington switcher numbers are reduced from -11 to -8. 5. As a result of Local 63's concerns regarding the presently shared Burbank/Los Angeles dock work, the Company will allow up to 2 Los Angeles employees to be included in the Bloomington -39 dock or -8 switcher bid. 6. Based on Local 63's concerns regarding a loss of shuttle work to sleeper teams running direct to service centers, the company proposes that 5 R14 drivers be included in the bid. The R14 board will be protected on a one for one basis any time a sleeper team from this Change performs shuttle work as currently performed by the R14 shuttle board or runs over the top of the R14 shuttle board to a satellite terminal. 7. The Company re-commits to its position that this Change will have no negative effect on the Bloomington shop. Furthermore, the contract and the Letter of Understanding in the shop agreement prohibit the reduction of the shop seniority list without an approved Change of Operations. 8. The Company agrees that if there is a loss of dock work at Bloomington and a corresponding need to hire at either Burbank or Los Angeles, the Company will offer that work to the Bloomington employees. This will remain in effect for a period of 120 days after the implementation date of the change. With the understandings and agreements as listed above, Local 63 will enter a "no protest with clarification" report to the committee. /s/ 2-11-07 /s/ Bob Paffenroth 2-11-07 (END OF DOCUMENT PROVIDED TO THE REPORTER.) 35. The request of Local 63 for all of the Kansas City sleeper tractors to be PM'ed in Los Angeles is denied. 36. Nothing contained herein is intended to be in violation of the terms and conditions of the NMFA or any of its applicable Supplemental Agreements. 37. This decision will be subject to legal review and approval.
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