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Affect ing Locals 29, 41, 71, 79, 100, 135, 236, 299, 317, 340, 375, 385, 390, 407, 413, 449, 480, 523, 600, 667, 695, 707, 710, 722, 728, 745, 749, 771, 823, 878 and 886Yellow Freight Multi-Region Change of Operations Decision MR-CO-01-03/2004 The following is the decision from the Yellow Transportation, Inc. Multi-Region Change of Operations MR-CO-01-03/2004, which was heard March 18, 2004, at a special hearing in Dallas Texas. DECISION: The 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 date of Friday, April 2, 2004, (8:00 a.m.) as the date the telephone bid will be conducted as approved. The date of April 18, 2004, as the date of implementation is approved; provided however, where there are circumstances that require a driver will need additional time to relocate, the Company, as stated on the record, will work with the driver to accommodate the circumstances. 2. The date of February 1, 2004, 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 cut-off date to determine new hires, who shall not be eligible to bid under this decision. 3. 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 domicile they bid into utilizing that seniority date excluding, however, those dock employees who elect to bid out of Chicago, in which case they shall be endtailed on the applicable seniority list at the terminal they bid into. 4. 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. 5. Based on the fact the 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, based on the issues raised by the Local Unions relating to the number of drivers being allowed to relocate from the losing domiciles, 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 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 resolution. 6. 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. 7. Employees who have been discharged and whose discharge is pending adjudication under the grievance procedure shall be afforded the opportunity to bid. 8. 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, that position shall be held for them until such time as they are able to return to active employment. 9. A Local (dock/cartage) employee who elects to bid into a gaining location where it is necessary to be CDL qualified and who are 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 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. 10. In order to bid into a road location that requires the driver to be triples qualified, the driver must be triples certifiable and agree to become certified as soon a possible. 11. Rebidding shall be conducted within 60 days following 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. 12. 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 change of operations decision, but elects to remain at his present domicile 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 operation, 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. 13. 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. 14. Health and welfare and pension contributions on behalf of employees relocating under this decision shall continue to be paid in to the respective health and welfare and pension trusts such contributions were being paid immediately prior to the time the affected employee relocated. 15. Nothing contained in this decision is intended to be in violation of the National Master Freight Agreement or any of its respective Supplemental Agreements. 16. The seniority practice at Columbus, Ohio as entered into the record by Local 413 is ratified and approved. 17. The request of Local 695 to grant retreat rights to the two (2) affected La Crosse drivers is specifically denied. 18. The Company’s proposal to offer a $3,500.00 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.
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