You are right…are opinions do differ…but they are just that…opinions…yours and mine. IMO…there is nothing concrete that states that is what they were asking the courts.
You said to read the #60s & 90s section…which I did…and the 60’s were taking about the amendments and what all the concessions that were given to YRC and the 90’s were talking about how the NMFA works and that all covered which is employees,employers,unions and associations under the NMFA and supplements shall constitute one bargaining unit. That is in no way stating as in your words…” either void the deal or make it "one" with the NMFA(force)”.
And as for your statement…”ABF is saying we are with YRC in bargaining so the deal either applies to all or none”…Again…it’s stating that is how it works under the NMFA but there is nowhere in the lawsuit or the decision itself that actually states that they are asking the courts to "force" the YRC deal on ABF employees.
You will see that on Page 26 of the lawsuit where they mention the eight ways they ask the courts to grant them relief…the only one that is very vague and could lead one to think of just what ABF’s intentions were was No.8 which states:
“Entry of order granting such further relief as the courts deem just and proper”
Now that is what leads me to believe that ABF wouldn’t mind at all if the courts ruled that the ABF and YRCW Teamsters would have to vote on the concessions together…thus being accepted or declined by all companies involved.But there is no way that the courts court force ABF into YRCW’s concessions without a vote.
So...this is why I would like to see how ABF would have answered the question...because I believe that could of been their intentions as well but they did not come right out and ask the courts.Sorry...I'm just a stickler for facts.
61. this revised plan is incorporated by reference into and part of the NMFA - ABF is saying you (YRC & IBT) changed the plan we all signed.
62. wage and mileage rate increases in Article 33 of NMFA shall be reduced by 15% - ABF is saying we signed the NMFA too
65. are to be included as part of the first 39 articles of the NMFA and
cover the entire NMFA bargaining unit - ABF is saying we are part of the entire bargaining unit
66. for the employers bound by the NMFA - ABF is saying we are one of those employers
67. Read 67 in its entirety, ABF is flat out saying you did not include us (ABF)
68. States the IBT & YRC violated their (ABFs) rights in the NMFA
92. IBTs own rules state that any deal applies to all to be voted on by all - ABF is saying we were excluded and should negotiate and vote also.
93.Again IBTs own rules state that any amendments will be voted on by the master negotiating committee - ABF is saying we are part of that master committee and did not have that chance to vote.
96. Again IBTs own rules say there is only one bargaining unit and one contract - ABF is saying that is not the current case with the separate deal.
97. ABF is saying you favored YRC and not us
Now this is where the force part comes in ( I do not mean to imply that ABF wants the court to shove the deal down our throats, ABF simply wants the deal to be voted on by all knowing that with 2/3 of YRC employees voting yes ABF employees votes would do nothing to change the votes outcome..hence the "force" part of a revote ABF knows would pass again.
110. States that there is one and only one agreement and will be binding to each and every Teamster unit that signed the NMFA - ABF is saying we signed that deal
ABFs intentions were never to have the court force the deal on us but to force a revote by all NMFA employees. ABF was saying the deal YRC signed separately is void under the IBTs and NMFA own rules. Once ABF failed with their own attempt at wage concessions, its only option was to seek other ways to get the reduction. The lawsuit was ABFs second attempt.