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Affecting Locals 104 (Information Only), 492 and 745 Yellow Freight Multi-Region Change of Operations Decision MR-CO-04-09/2003 The following is the decision from the Yellow Freight Multi-Region Change of Operation MR-CO-04-09/2003 heard on September 24, 2003, at Southern Region Multi-State Hearings in Deerfield Beach, Florida: DECISION: The Company’s proposed change of operations is approved as clarified by the Company on the record with the following provisions: 1. Bid will be posted as soon as possible after review by IBT Legal, with an implementation date of October 12, 2003, or as agreed by the Local Union and the Company. 2. Employee shall exercise their current bidding and layoff seniority date for the 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. 3. 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. 4. Based on the fact the number of gaining and losing positions are equal and the applicable provisions of Article 8, Section 6 of the NMFA, there will be no window period or hold bids. 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 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 but who are unable to claim their bid on the date of implementation; that position shall 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 hold-down 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 layoff seniority date consistent with the date or implementation of this decision, but shall retain his original seniority date for vacation purposes or return to this original domicile with his original bidding and lay-off seniority date for all purposes. The Company should not be responsible for the moving expenses of Article 8, Section 6 for the hold-down employee unless and until such time as it is determined that the LTD employee will never be able to claim his bid, at which time the hold-down employees shall be awarded the bid on a permanent basis. 7. 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. Any driver who presently enjoys Article 29, Section 3 protections 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 date 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 decisions rendered in this change of operations, and in the event such driver accepts a work opportunity under the provision 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. 8. 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. 9. Health and welfare and pension contributions on behalf of employees relocating under this decision shall continue to be paid into the respective health and welfare and pension trusts as such contributions were being paid immediately prior to the affected employee relocation. 10. Nothing contained in this decision in intended to be in violation of the national Master Freight Agreement or any of its respective Supplemental Agreements.
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