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Affecting Locals 20, 28, 29, 41, 71, 89, 100, 120, 135, 147, 160, 175, 222, 229, 294, 299, 317, 325, 364, 375, 402, 407, 413, 414, 449, 480, 492, 515, 549, 554, 597, 600, 612, 633, 667, 707, 710, 728, 745, 749, 771, 833, 891, and 988 Yellow Freight System Multi-Region Change of Operations Decision MR-CO-09-07/2002 Yellow Freight System Multi-Region Change of Operations MR-CO-09-07/2002 was heard July 29, 2002, by special hearing at the Kansas City Airport Hilton, Kansas City, Missouri. The Company’s proposed change of operations was approved as clarified and modified by the Company on the record with the following provisions: 1. The Company’s proposed date of Wednesday, August 14, 2002, as the date the telephone bid will be conducted and the proposed implementation date of Sunday, September 8, 2002, are approved. 2. The date of August 1, 2002, shall be recognized as the date to determine active and inactive status for 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 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 lists at the location they bid into utilizing that seniority date. 4. 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 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. 5. 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. 6. Employees who have been discharged and whose discharge is pending adjudication under the grievance procedure shall be afforded the opportunity to bid. 7. Qualified bidders, who are on long-term disability (LTD) at the time of the bid and who are unable to claim their bid on the date of implementation, shall be allowed to bid, but that their positions 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 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 of the NMFA for the hold-down employee unless and until such time as it is determined the LTD employee will never be able to claim his bid, at which time the hold-down employee shall be awarded the bid. 8. 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 on 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. 9. Based on the fact the number of gaining and losing positions in the local cartage portion 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 over 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. Because the road portion of the change does not provide a number of gaining positions equal to the number of losing positions, there shall be a 180 day window period and the “hold” provision of the NMFA shall be applicable for the road portion only. 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 4 of the NMFA. 11. Drivers who were domiciled at a “work opportunity” location under a previous National Intermodal decision and who are forced to relocate under this decision because they do not have sufficient seniority to remain on the active seniority list at their present domicile shall carry the earnings protection set forth in Article 29, Section 3 (c) 2a of the NMFA ($700.00) to the domicile they bid into under this decision. This provision shall not be applicable to a driver who has sufficient seniority to remain on the active list at their present domicile but elects to bid to another location under this decision. 12. 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. 13. 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 decisions of the Change of Operations Committee shall so specify.” 14. 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 list. 15. The affected Local Unions 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. 16. Full-time Teamster officers and/or agents who have seniority rights to return to the Company shall be allowed to bid and if successful must claim that bid at the conclusion of their term of office or forfeit the bid. 17. The request to conduct the Local and OTR telephone bid simultaneously is approved. 18. Moving expenses shall be furnished in accordance with Article 8, Section 6 of the NMFA. 19. In regards to the seniority application at Des Moines, Iowa (Local 147) and Charleston, WV (Local 175) effective with the implementation of this decision an OTR driver bidding into either of these locations will be protected on the OTR 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 OTR/Local Cartage seniority list for all bidding purposes thereafter. 20. The Company is instructed to rebid or align new bids within sixty (60) days of implementation of this change. 21. 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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