| |
|
|
Aff ecting
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.
-
In
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.
|
