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(Please note that Section 20 has been revised.) Affecting Locals 20, 24, 28, 41, 63, 100, 135, 200, 229, 245, 371, 375, 391, 413, 449, 480, 492, 519, 528, 554, 568, 600, 657, 667, 710, 728, 745, 776, 795, 878, 886, 891, 961, 988, and 992 Roadway Express Multi-Region Change of Operations Decision MR-CO-02-04/2005 The following is the decision from the Roadway Express Multi-Region Change of Operations MR-CO-02-04-2005, which was heard at a special hearing April 7, 2005, at the Embassy Suites Hotel, Kansas City, Missouri. DECISION: The Company’s proposed Change of Operations is approved as modified and clarified by the Company on the record with the following provisions: 1. The Company’s proposed method of bidding and the date of May 1, 2005, as the date of the telephone bid to be conducted and the implementation date of June 5, 2005, are approved; provided however, where there are circumstances that support a driver’s request for additional reasonable time to relocate, the Company is instructed to work with the driver to accommodate the circumstances. 2. The date of March 28, 2005, shall be recognized as the date to determine active and inactive status for the purposes of this decision and shall also be the date to determine new hires, who shall not be eligible to bid under this decision. 3. Employees bidding into an Eastern 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. 4. Based on the fact the number of gaining positions is greater than the number of losing positions in both the road and local portions of this change 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 over this decision for a one (1) year period and all issues that may arise relative to this decision during this time period may be filed directly with the Multi-Region Committee for resolution, including any disputes alleging that proposed single man runs cannot be made in accordance with the Federal Motor Carriers Safety Hours of Service regulations on a regular and continuing basis. Resolution of any such disputes will not be delayed or postponed as a means to impede an expedited resolution. 5. Employees who have been discharged and whose discharge is pending adjudication under the grievance procedure shall be afforded the opportunity to bid. 6. 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, their position shall be held for them until such time as they are able to return to active employment. 7. 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 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 this 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 employee’s current location unless otherwise mutually agreed to. 8. In order to bid into a gaining road location that requires the driver to be triples qualified, the driver must be triples certifiable and agree to become certified as soon as possible. 9. Re-bidding of schedules at both gaining and losing domiciles shall be conducted within sixty (60) days following the date of implementation; provided however, where the 60-day period is not necessary, bids will be posted as early as possible or as otherwise mutually agreed to by the parties. 10. 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 5 of the NMFA. Any driver who presently enjoys Article 29, Section 3 protection and who is offered the opportunity to transfer under this decision but elects to remain at his present location and his seniority will not allow him to remain active, shall lose any Article 29, Section 3 protection he was otherwise entitled to. Upon recall to active employment, such driver shall only be entitled to the specific protections provided by the decision rendered in this change of operations, and in the event such driver accepts a work opportunity under the provisions of Article 5, Section 5 of the NMFA he shall not be entitled to any of the protections set forth in Article 29, Section 3 of the NMFA. 11. Employees transferring from one Supplement to another Supplement under this decision shall not lose their entitlement to earned vacation in accordance with the Southern Region OTR Letter of Understanding. 12. Health and welfare and pension contributions on behalf of employees relocating under this decision, including those bidding into Chicago, Local 710, shall continue to be paid into the respective health and welfare and pension trusts where such contributions were being paid immediately prior to the time the affected employee relocated. 13. The Company’s proposal to offer a $3,100.00 allowance, on a voluntary basis, in lieu of Article 8 Section 6, “Lodging and Moving Allowances”, as stated by the Company on the record is approved. 14. The request of Local 41 to allow one local cartage employee the opportunity to bid into a gaining road position is specifically denied, and the Committee recognizes the company’s statement that the amount of shuttle work between Blue Springs and Kansas City will not result in a layoff. 15. Employees who elect to relocate under this decision shall be dovetailed on the applicable seniority list location they bid into; excluding, however, those who bid into Chicago to claim a dock/switcher position, in which case they shall be entailed. 16. The request of Local 528 to allow employees to bid from Valdosta to Ringold is specifically denied. 17. The request of Local 135 to allow the driver who lost his CDL license and who will have his CDL license reinstated on 6/15/05 the opportunity to bid is approved. This provision is based on the specific facts involved in this change of operations. 18. Based on the company’s statement, the single man bids affected by the proposed sleeper cab overlays will be protected in accordance with the applicable supplemental agreement. 19. Both the proposed sleeper cab and meet and turn single man schedules shall be bid on a 100 percent basis. 20. Based on review of the tonnage and rail miles being removed from the rail and placed on the road, the Co-Chairmen have determined the company has the responsibility to add the following number of over-the-road drivers at the following locations:
These additional 46 positions are new hire positions, not bidding positions. 21. In accordance with the specific provisions of Article 42, Section 2 of the Carolina City Cartage Supplemental Agreement and under the specific authority of Article 8, Section 6 (g) of the NMFA, the request of Local 28 to allow the driver who has not as of this date completed a one-year and a day after transferring from a local cartage position to a road position, the opportunity to bid a gaining road position with full seniority is approved. 22. Nothing contained in this decision is intended to be in violation of the National Master Freight Agreement or any of its respective Supplemental Agreements.
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