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Yellow | Bumping power units in P+D, Southern Region

twospeeder said:
Thx, Hilo. It looks like that's not the case in the Southern Region. No one seems to have that benefit.
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Update: Actually, we are still under the 2008-2013 NMFA because all we got after 2008 was extensions, modifications, etc. I filed a local standard back then (amongst others) for "trucks introduced into the fleet would go to the seniority board" within the 180 day time frame and it went before area committee chaired by Lamar Bienhauer and was approved. The TM is claiming there was an MOU in the Southern I missed that abolished all past practices and had to be resubmitted within a certain time frame and I missed that boat. The BA had a good laugh over that and accepted my grievance as a gold plated slam dunk. That MOU sounds like just the type of thing the company would do and the union would agree to, but I can't find this MOU. Also, MOU's are typically more like interpretations and don't change the plain language of the contract. Can anyone produce such a document in the Southern?
 
Wrench97 said:
Actually the 2009 merger erased all local past practice rulings.
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My BA told us to bring our practices with us and the policy was going to be acceptance. The language in Article 6 is very plain. They would need to change article 6 in writing. Mergers don't cancel out long standing Articles. Where is the writing? I have all that material but I keep hearing about abolishment. Not long after the contract 2008-13 the company started warning us about bankruptcy in an effort to break the union. They were partly successfull through monetary concessions but it took about 5 years and we had to vote to cut our throats. This concession never appeared. Just exactly where is the language?
 
Wrench97 said:
Actually the 2009 merger erased all local past practice rulings.
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In 2009 we got a wage reduction of 10% effective Jan 1, 2009. The 2008-2013 NMFC was good for April 1, 2008 until Dec 31, 2008. U might have that contract book, it's the one we're still under for any past practices properly filed.
Almost immediately, we voted ourselves another reduction of 5% called the "Amended and Restated M.O.U. on the Job Security Plan" effective Aug 1, 2009 until March 31, 2013, totaling 15% cave in. There was other stuff in there but no 'merger' (yes, but years before)
Tell me exactly where this language is. You are not alone in saying this but I need to see the language.
 
twospeeder said:
In 2009 we got a wage reduction of 10% effective Jan 1, 2009. The 2008-2013 NMFC was good for April 1, 2008 until Dec 31, 2008. U might have that contract book, it's the one we're still under for any past practices properly filed.
Almost immediately, we voted ourselves another reduction of 5% called the "Amended and Restated M.O.U. on the Job Security Plan" effective Aug 1, 2009 until March 31, 2013, totaling 15% cave in. There was other stuff in there but no 'merger' (yes, but years before)
Tell me exactly where this language is. You are not alone in saying this but I need to see the language.
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It has nothing to do with the MOU it was in the agreement made when the barns were merged together and YRC was created since past practice at 2 barns in the same local across the street from each other could/would/did have different past practices sometimes conflicting they were all eliminated and started fresh.
Some were preserved since they continued under the new Company it all depends what the BAs and TMs let happen.
 
I'm under the Southern Supplemental and I think I've got all the documents for the give backs and contract EXTENSIONS. For right now we are settled until March 31, 2019. The creditors are getting 10% interest from YRC and we are financing the whole show. Get out your old 2003-2008 contract book, Article 55.2. We are getting paid about the same as in 2006. We haven't gotten a raise in about 12 years.
We were told Tyson Johnson tore up some or all of the white paper contracts up north in Chicago area, etc. when those guys wouldn't vote yes on the pay cuts.
This might be where all the confusion comes from about past practices. If u filed them properly they still have standing and no TM can overrule Area committee and Lamar Beinauer. They don't have the authority.
The company should maintain a neutral position towards city power units or anywhere the same is assigned every day. The underlying concept for them is all power is equal, it's either road worthy and safe or it isn't. They are supposed to be colorblind. I never got called in to defend my position at Area. LB had the terminal manager sign off on it. The other 25 practices didn't do that well. So, 1 out of 26 says something.
 
Wrench97 said:
It has nothing to do with the MOU it was in the agreement made when the barns were merged together and YRC was created since past practice at 2 barns in the same local across the street from each other could/would/did have different past practices sometimes conflicting they were all eliminated and started fresh.
Some were preserved since they continued under the new Company it all depends what the BAs and TMs let happen.
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Our B.A. disagrees and he was appointed by Tyson to chair the Southern conference when it was the union's turn. Besides, local level agreements are not final unless your B.A. refuses to do his job. Past Practices, 'local standards', are under the purview of the Area Committee, see Article 6. So anything that takes place under them can be appealed. If u don't like what happens locally , u can appeal it (see Industrial Due Process) It's got to work just like the public court system. You'll never find your position in writing any where because Area is Area. If a Steward or a BA stands their ground it will be seen by the company Labor man next and settled in the hallway in the unions favor (at the latest, or he'll try to turn u around but he won't if u stand firm). The company will never want something to go public like that. It's a great way to take the TM to the woodshed but u got to know the committees past rulings.
 
twospeeder said:
Our B.A. disagrees and he was appointed by Tyson to chair the Southern conference when it was the union's turn. Besides, local level agreements are not final unless your B.A. refuses to do his job. Past Practices, 'local standards', are under the purview of the Area Committee, see Article 6. So anything that takes place under them can be appealed. If u don't like what happens locally , u can appeal it (see Industrial Due Process) It's got to work just like the public court system. You'll never find your position in writing any where because Area is Area. If a Steward or a BA stands their ground it will be seen by the company Labor man next and settled in the hallway in the unions favor (at the latest, or he'll try to turn u around but he won't if u stand firm). The company will never want something to go public like that. It's a great way to take the TM to the woodshed but u got to know the committees past rulings.
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Wrench97 said:
It has nothing to do with the MOU it was in the agreement made when the barns were merged together and YRC was created since past practice at 2 barns in the same local across the street from each other could/would/did have different past practices sometimes conflicting they were all eliminated and started fresh.
Some were preserved since they continued under the new Company it all depends what the BAs and TMs let happen.
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WHAT AGREEMENT? Doesn't something have to be in writing with signatures to have standing? The MOU's and the extensions were the agreements. Who made this agreement you refer to? It sounds like a local level agreement and it has no standing outside that level, to wit: IT DOESN'T APPLY TO EVERYONE AND ANYONE OUTSIDE YOUR ADDRESS......JUST UGUYS. If u like it keep it....to yourselves. Will someone read Article 5 and 8.6. They haven't changed since forever. If the company discovered they could abolish things advantageous to the rank and file where the union couldn't (or wouldn't) do any thing about it (is this uguys?) they would do it yesterday if it meant they could make war on us. Uguys could have picked the most beneficial practices from the two barns and stood by them. U were not told to do what u did by anyone outside your local. If there was an "agreement made" it had to be made by the Change of Operations Committee and there is no language like that. Article 8.6. Show this exchange to your BA who was in charge. By the way, u can still overturn the company as long as there is nothing in writing.
 
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