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ABF | 90% pay rule question

grovercxl

grovercxl

HUH?
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We have a fellow who was hired after the contract this year. He worked for Yellow previously, but ABF is saying that the article pertaining to drivers hired from other union carriers doesn't apply to them. (90% pay for 1 year, then 100% instead of the three year progression) I believe it's article 3, section 2, (a) 2
Does anyone out there know if this is system wide policy, or if they're trying to screw just this guy... Also, if anyone else has run across this, has a grievance been filed and decided?
Thanks for any info...
 
In order for this man to qualify he would of had to work for Yellow for atleast two years in a driving position. As long as he worked two or more years at a YRC company as a driver he should get hired on at 90% for one year, and then be at top rate. ABF signed the contract, so they agreed to pay for experience.
 
Cityman said:
In order for this man to qualify he would of had to work for Yellow for atleast two years in a driving position. As long as he worked two or more years at a YRC company as a driver he should get hired on at 90% for one year, and then be at top rate. ABF signed the contract, so they agreed to pay for experience.
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That's what I thought, but ABF isn't agreeing... He really doesn't want to file since he just got on full time, but I guess he'll have to..
 
I have recently applied at ABF and asked this question and I was told the contract says only if you have worked at any commonly owned co. for two or more years for it to apply. I.E. worked for Yellow for 2 years get laidoff and hire at Big R then you will hire at the 90% rate.
 
skinnytrucker said:
I have recently applied at ABF and asked this question and I was told the contract says only if you have worked at any commonly owned co. for two or more years for it to apply. I.E. worked for Yellow for 2 years get laidoff and hire at Big R then you will hire at the 90% rate.
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That is how it is worded in the contract. And because ABF has no other commonly owned carriers then this guy will probably have to hire in at 85% with a three year progression to full scale. Yellow, Roadway, USF Holland, and New Penn are all owned by the same company and are therefore commonly owned carriers. If you left one of these companies to go to work for one of the others in this group, then you would start at 90% with a one year progression if you had two or more years experience. The 85% three year progression rule would also apply to anyone leaving ABF for one of these other carriers under the NMFA. You should grieve it anyway just to make sure unless you business agent has already found out the answer for you.
 
the question is what is the definition of "commonly owned"
abf is commonly owned by their shareholders but not part of a conglomerate of carriers

remember though yrc negotiated this agreement and the union was particularly concerned about possible closings and shifting of freight from one subsidary to another
its happening as we speak
prime example being holland

and thennnn abf signed on to it

under these circumstances abf feels they have found a loophole and their claim is based upon the fact that language does not apply to abf due to the fact they are not part of a conglomerate of ltl or truckload carriers

whether or not it holds water is another thing as
it will be determined thru interpretation hearings for sure

hopefully alot of guys affected will get back pay
 
ABF did not sign into the TMI contract we just signed the same type of contract for us. TMI contract only pretains to YRC companies. Go for it , what can you lose.
 
big steve said:
remember though yrc negotiated this agreement and the union was particularly concerned about possible closings and shifting of freight from one subsidary to another
its happening as we speak
prime example being holland
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So fill me in, what are you talking about?
 
I was told by the B.A. in local 229 and the B.A. in local 401 that A.B.F. is not part of a commonly owned company and therefor we do not apply for the 90% rule. Just another scam to get you to vote for the contract with "alot" of grey areas.
 
Benny Hill said:
So fill me in, what are you talking about?
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i was referring to the holland closings whereas roadway & yellow have terminals in the same locale
what happens to those guys when they apply at yellow or roadway
the first progression would apply but if they go to abf, abf contends the second progression would apply
apparently prior to the contract being finalized the union obviously wished to have some sort of protections in place for that situation or similar ones that may or may not occur

we are also discussing the fact if you let's say leave yellow and get hired by abf
what new hire rules apply?

either starting @ 90% for 1 year and then to 100%
or
85% 1st year , 90% 2nd year & finally 100% after your third anniversary

what abf is contending is the simple fact that they are not part of a conglomerate thus the 2nd example progression language applies whether or not you come from another NMFA carrier

if you let's say move from new penn to yellow then the 90% rule applies also vice versa
also roadway / yellow, vice versa and so on
the only exception i believe is reddaway since they are not a NMFA carrier

by the way to designate the NMFA as a TMI contract is only partially correct
ABF signed it also, maybe a little later but nonetheless they signed the same contract thus making it one and the same NMFA

that is basically it in a nutshell
 
big steve said:
i was referring to the holland closings whereas roadway & yellow have terminals in the same locale
what happens to those guys when they apply at yellow or roadway
the first progression would apply but if they go to abf, abf contends the second progression would apply
apparently prior to the contract being finalized the union obviously wished to have some sort of protections in place for that situation or similar ones that may or may not occur

we are also discussing the fact if you let's say leave yellow and get hired by abf
what new hire rules apply?

either starting @ 90% for 1 year and then to 100%
or
85% 1st year , 90% 2nd year & finally 100% after your third anniversary

what abf is contending is the simple fact that they are not part of a conglomerate thus the 2nd example progression language applies whether or not you come from another NMFA carrier

if you let's say move from new penn to yellow then the 90% rule applies also vice versa
also roadway / yellow, vice versa and so on
the only exception i believe is reddaway since they are not a NMFA carrier

by the way to designate the NMFA as a TMI contract is only partially correct
ABF signed it also, maybe a little later but nonetheless they signed the same contract thus making it one and the same NMFA

that is basically it in a nutshell
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FYI.....There is no more progression for new hire. It's 85% For three years...then full rate.
I'm out:1036316054:
 
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