ABF Lawsuit

Discussion in 'ABF Freight System' started by truxforever, Aug 30, 2012.

  1. truxforever

    truxforever Banned

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    Look's like the lawsuit is not dead, they have filed an appeal. Look's like this is going to take awhile. I think they will try and use this as leverage during contract time.

    Recent Updates August 30, 2012 | ABF Legal Action
     
    Last edited by a moderator: Aug 30, 2012
  2. DCM_Doc

    DCM_Doc Well-Known Member

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    I think with this appeal the company will be allowed to enter new evidence or exhibits. As was stated this may take a long time.
     
  3. cropduster

    cropduster Active Member

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    I like the leverage angle. Let.s hope they lose the appeal also. Remember, no givebacks !! Not 15% nor 5%. Freight DRIVERS are not monkeys. We are a Trade and should be paid as one
     
  4. ABFer

    ABFer Super Moderator Staff Member

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    I believe that the active lawsuit puts pressure on the IBT to give ABF their white paper contract, which is what they wanted four years ago. Jimmy the Great's arm is twisted up pretty tight against his back right about now.
     
  5. Joe the plumber

    Joe the plumber Banned

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    How many times does ABF need to be told by the court they have to first exhaust the grievance procedure before it will be heard by the court? And they did indeed have a separate contract..that a 'me too' does not make them a party to the one signed by YRC and Holland? What is it they don't understand?
     
  6. ABFer

    ABFer Super Moderator Staff Member

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    They don't understand why Plunger Joe doesn't understand that nobody wants his/her input.
     
  7. DCM_Doc

    DCM_Doc Well-Known Member

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    Where can I get a copy of the ABF contract? The contract I have has a blue cover & has the wording NMFA & Souther Supplemental Agreements. I did not get another contract or an ABF supplement. This is the one I have been using & management also uses it.
     
  8. ABFer

    ABFer Super Moderator Staff Member

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    I'm sure Plunger Joe would be willing to help you out on that one Doc, he has it.
     
  9. Muler

    Muler Banned

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    Now you ABF Teamsters are on it. If ABF can spend a few million and get out of some of their contracts liabilities then it will be money well spent to them. It does not mean that we have to take less. Now we just have to keep informing ourselves and keep our eyes and ears open to all parties. YOUR BROTHER ALWAYS!
     
  10. teamster82

    teamster82 Member

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    hey joe maybe abf is going the yrc way vote til you get what you want it worked for you
     
  11. albag

    albag Pray for peace!

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    As unwelcome and as distasteful as some ABF teamsters feel joe's comments are, he is correct. ABF's lawsuit has NO MERIT until they have exhausted their remedies under the collective bargaining agreement that THEY signed with the IBT.
     
  12. truxforever

    truxforever Banned

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    So you think that ABF would get a fair shot under the collective bargaining agreement, which is stack with YRC people. Look I don't like the lawsuit either, if ABF wins that is the end of the union. If you read the lawsuit as it was filed these facts are stated in it.

    (In the lawsuit, ABF asks the Court to appoint a third party neutral tribunal to rule on its Grievance, in place of the National Grievance Committee. ABF argues that the existing National Grievance Committee can not hear and decide the dispute. The Committee has adopted Rules of Procedure to ensure that a case is decided by a neutral, disinterested panel. Thus, under the Committee’s Rules, no employer or union representative can hear a case in which they were directly involved or which involves their company or local union. However, everyone who sits on the National Grievance Committee, and virtually anyone who could sit on the Committee, was either involved in the matter or represents a company or local union or organization involved in the matter, and is therefore disqualified. So, to adhere as closely as possible to the parties’ intent that disputes be heard by an uninvolved neutral tribunal, ABF is asking the Court to appoint just such a panel, a third party neutral tribunal.)

    Here is the link (Summary of Lawsuit | ABF Legal Action
     
  13. albag

    albag Pray for peace!

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    ABF has EVERY right to persue remedies. But they, just like you, may not seek remedies in the courts UNTIL ALL avenues under the collective bargaining agreement have been exhausted. Regardless of the make up of the committee they MUST pursue remedy through the IBT first. That committee will rule on the facts as presented. If ABF disagrees with the decision then AND only then may they proceed to the courts.
     
    Last edited by a moderator: Sep 1, 2012
  14. Muler

    Muler Banned

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    I myself would believe that ABF would know what the proper procedures are. There must be a good reason why they are following this coarse of action. Remember the lower judge threw it out twice. The the judges that ruled there was reason will now get to hear it. Like I have said many times. This is America and everybody is entitled to their day in court. YOUR BROTHER ALWAYS!
     
  15. Docker

    Docker Banned

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    CEO Letter to Employees 11/1 | ABF Legal Action
     
  16. Docker

    Docker Banned

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    Let me ask you this...just why does the lawsuit upset you so much?
     
  17. truxforever

    truxforever Banned

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    Look at it this way; you live in a subdivision with six other residents. Everyone has the same type homes; everyone make the same payments. Everyone lives by the subdivision committee rules which you signed to agree with when you moved in. Three years after the committee comes to you and say’s, the other residents are going to receive concessions and start paying 15% less for their homes because they are doing bad. Everyone living in the subdivision paid $500.00 dollars a month for subdivision fees. The committee tells you now that the other residents will only be paying 25% of their fees and you will have to pay a $2500.00 increase to make up the difference in fees. Now all of the other residents are to take the money they are saving and catch up their bills not buy anything new, Instead of paying their bills they go out and buy new cars, boats and other items. Since you are strapped with the debt that you agreed to you can buy anything. The extra debts are pulling you down to their level and you are losing money. You signed at time of move in to abide by subdivision rules. You also signed to come before the subdivision committee with any grievance and to abide by their ruling in the matter. The committee is made up of 5 of the other resident living in the subdivision you live in and you know that they will not over turn the concessions they agreed upon. Now I have one question what would you do? I will tell you take them to court and try to get help in the matter.
     
  18. albag

    albag Pray for peace!

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    Docker the litigation does not. But as I have stated neither you, me or ABF; or YRC for that matter may seek remedy in the courts until ALL remedies have been exhausted through the collective bargaining agreement. And by ABF's own admission they ARE signatory to a collective bargaining agreement.
    As an example, if you lost a discharge appeal you may then file a lawsuit with the Department of Labor. You may NOT do so UNTIL you have lost though.
     
  19. albag

    albag Pray for peace!

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    See post #18
    Your example has one major fault. The covenants of the subdivision require you to exhaust ALL remedies through the covenant before seeking relief through the courts.
     
  20. DCM_Doc

    DCM_Doc Well-Known Member

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    There are several things that ABF is trying to stop. One thing that seems that people are overlooking is that YRC is discounting freight. It is my understanding that part of the agreement with IBT is that there would be no discounting if YRC was given the concessions by the Teamsters.
     

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