ABF | ABF Lawsuit

[Docker]

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.

You still didn't answer my question...why does ABF's lawsuit upset you so much? Plus...you keep mentioning about not seeking a remedy in the courts until all remedies have been exhausted through the collective bargaining agreement...just what remedies are you referring too?

 

[albag]

You still didn't answer my question...why does ABF's lawsuit upset you so much? Plus...you keep mentioning about not seeking a remedy in the courts until all remedies have been exhausted through the collective bargaining agreement...just what remedies are you referring too?

The lawsuit that has been brought by ABF, for the sake of brevity, seeks damages for alleged violations of the NMFA. That document has procedures that must be followed. ABF in the letter you cite states that and I quote "We have the obligation to you, to our customers, and to Arkansas Best shareholders to enforce our rights under the NMFA and compete fairly on the same playing field with our industry peers."
And once again, I have no problem with ABF's lawsuit. But just as procedures were followed at YRC. So then, those same procedures should be followed at ABF.

 

[truxforever]

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.

Let's say you went to the committee 6 times and lost because of the make up of the committee being 5 of the resident getting relief. You have exhaust all remedies what do you do? Docker posted in post 15 where they tried. ABF did in fact filed a grievance with the committee here a link. Summary of Grievance | ABF Legal Action. You can read it yourself click on copy of grievance on the page. Now what else would you have or want them (ABF) to do.

 

[truxforever]

The lawsuit that has been brought by ABF, for the sake of brevity, seeks damages for alleged violations of the NMFA. That document has procedures that must be followed. ABF in the letter you cite states that and I quote "We have the obligation to you, to our customers, and to Arkansas Best shareholders to enforce our rights under the NMFA and compete fairly on the same playing field with our industry peers."
And once again, I have no problem with ABF's lawsuit. But just as procedures were followed at YRC. So then, those same procedures should be followed at ABF.

It seems that they did follow procedures what others would you like them to follow? Like I said once before, I don't like the lawsuit either.

 

[truxforever]

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.

Yes DCM_Doc you are right, here in the south they are cheaper than any of the non union carriers. They have taken a couple of customers from us with over 90% in discounts.

 

[albag]

It seems that they did follow procedures what others would you like them to follow? Like I said once before, I don't like the lawsuit either.

I know that what I'm about to say is going to get me blasted. After reading the grievance, what ABF seems to be saying is that the MOUs should have been put out for vote to ALL NMFA member Teamsters. That being said, there is a VERY real possibility that ALL NMFA Teamsters would be working under the same conditions as YRCW Teamsters. I'm not sure that is what ANYBODY wants.

 

[Docker]

I know that what I'm about to say is going to get me blasted. After reading the grievance, what ABF seems to be saying is that the MOUs should have been put out for vote to ALL NMFA member Teamsters. That being said, there is a VERY real possibility that ALL NMFA Teamsters would be working under the same conditions as YRCW Teamsters. I'm not sure that is what ANYBODY wants.

They were asking the court to declare invalid the side agreements.

ABF wants the YRC Amendments set aside. They violate the NMFA. ABF wants all companies to adhere to the NMFA, just as it does.

Summary of Grievance | ABF Legal Action

 

[albag]

Item #2 in relief sought.
An Award declaring that there may be no further amendments of the NMFA unless the amendment applies to all employer members of the NMFA bargaining unit.

 

[Docker]

Item #2 in relief sought.
An Award declaring that there may be no further amendments of the NMFA unless the amendment applies to all employer members of the NMFA bargaining unit.

Now...just what do you think that they asked the courts? They first asked to declare the side agreements invalid thus declaring that there may be no further amendments of the NMFA unless the amendment applies to all employer members of the NMFA bargaining unit.

Let me ask you this...why did you pass over No.1...is it because you are trying to deceive others by what they were actually asking the courts to do...which was to declare the three amendments invalid? Just what are you trying to accomplish here?

 

[albag]

No but if they can't get YRC to return to full NMFA conditions then ABF wants to diminish YOUR conditions. Would you agree with that?
And they want the courts to do it for them. No vote.

 

[Docker]

No but if they can't get YRC to return to full NMFA conditions then ABF wants to diminish YOUR conditions. Would you agree with that?
And they want the courts to do it for them. No vote.

Now I want you to show me where that is stated anywhere in the lawsuit that they want the courts to force the ABF Teamsters to take the same amendments as YRC. You are grasping at straws here...I would just like to know why?

IMO...you are just trying to deceive others...just like Joe...why?

 

[Docker]

No but if they can't get YRC to return to full NMFA conditions then ABF wants to diminish YOUR conditions. Would you agree with that?
And they want the courts to do it for them. No vote.

Explain to me how you can state that ABF is asking the courts to force ABF Teamsters into the same agreement as YRC from your reply here:

Item #2 in relief sought.
An Award declaring that there may be no further amendments of the NMFA unless the amendment applies to all employer members of the NMFA bargaining unit.

Read carefully...it say's...An Award declaring that there may be no further amendments of the NMFA!

 

[Joe the plumber]

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

You still don't get it. You still don't understand it. I'll run it by you again but you still won't get it
1. TMI negotiates and administers the NMFA

2. TMI negotiated the '08-'12 NMFA with YRC and Holland. TNFINC represented the teamsters. New Penn signed a 'me too'

3. ABF pulled out of the NMFA, negotiated separately with TNFINC thereby declaring they were not a party to the TMI negotiated NMFA. ABF signing a 'me too' does not make them a party to

4. ABF has no standing to dispute something they were not a party to. The court twice agreed

5. My mother often said I must always be intolerant of ignorance and illiteracy.

 

[bigtruk_us]

ABF "the company" has the right to file an appeal.The company shot off letters to all the locals.Because "The Company" is upset and frustrated."The Company" has the right upon notifying the Union.To negotiate outside of the TMI.if they so choose.Nothing new there.ABF has done this before and so had Yellow Freight.Doesnt mean that the hardworking Union Employees at ABF have to hunker down and expect less out of their Contract.I wish all of you brother and sisters well during your contract negotiations.Keep on Trucking

 

[Deleted member 5115]

Does anybody know the outcome of that grievance? Was it heard? Is there a decision floating around that we could read?

 

[Docker]

Does anybody know the outcome of that grievance? Was it heard? Is there a decision floating around that we could read?

As far as I know...the grievance wasn't and probably never will be heard...

ABF submitted its grievance to the National Grievance Committee ("NGC"), a joint committee composed of an equal number of employer and union representatives. However, ABF declares in that filing that by operation of the NGC Rules of Procedure, the committee is incapable of hearing the grievance. Paragraph 18 of ABF's grievance states: "Given the incapacity of any member of either the National Grievance Committee or the National Review Panel to hear this grievance, ABF is seeking court intervention to appoint an alternate neutral tribunal to replace the National Grievance Committee . . . to hear and decide this grievance." Amend. Compl., Ex. A, at 4.

ABF FREIGHT SYSTEM, INC. v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS*-*August 1, 2012.

The alleged failure to exhaust is not apparent on the face of the Amended Complaint. To
the contrary, ABF’s Amended Complaint contains a copy of ABF’s grievance (Am. Compl.,
Exh. A) and alleges that, under the governing Grievance Rules, the regular NMFA grievance
panels may not hear the grievance because it involves every potential member of the NMFA
grievance committees.

http://www.google.com/url?sa=t&rct=j&q=what%20happened%20to%20the%20abf%20grievance%20filed&source=web&cd=3&sqi=2&ved=0CCsQFjAC&url=http%3A%2F%2Fabflegalaction.com%2Ffiles%2F2012%2F01%2FABF-Response-to-MTD-as-filed.pdf&ei=WkxDULPrG6fB2QW8u4DQDA&usg=AFQjCNHWzXN_N-JtfvRkswtU9YuvKCwPLQ&cad=rja

 

[Docker]

Here you go again...spouting off like you know what you are talking about when in reality...know nothing!

3. ABF pulled out of the NMFA, negotiated separately with TNFINC thereby declaring they were not a party to the TMI negotiated NMFA. ABF signing a 'me too' does not make them a party to

There is only one National Master Freight Agreement...which all Teamster employees working for NMFA companies ratified in 2008. There is no other agreement.This has been proved to you many times and yet you continue to make a fool of yourself.

4. ABF has no standing to dispute something they were not a party to. The court twice agreed

As usual...wrong again!

U.S. District Court Judge Susan Webber Wright threw out the ABF lawsuit for the second time Aug. 1, ruling that ABF had not exhausted its chances for redress under the National Motor Freight Agreement. Her decision accepts that ABF is part to the same 2008 NMFA contract as YRC and its subsidiaries, but states NMFA’s National Grievance Committee should first address the matter.

You try and claim that the courts agreed with you that they were not party to the NMFA...shame on you...lol

ABF to Fight $750 Million Teamsters Lawsuit Dismissal | Journal of Commerce

5. My mother often said I must always be intolerant of ignorance and illiteracy.

No wonder you contradict yourself so much...you can't even tolerate yourself...lol

 

[Joe the plumber]

Here you go again...spouting off like you know what you are talking about when in reality...know nothing!

Quote Originally Posted by Joe the plumber View Post

3. ABF pulled out of the NMFA, negotiated separately with TNFINC thereby declaring they were not a party to the TMI negotiated NMFA. ABF signing a 'me too' does not make them a party to

There is only one National Master Freight Agreement...which all Teamster employees working for NMFA companies ratified in 2008. There is no other agreement.This has been proved to you many times and yet you continue to make a fool of yourself.

4. ABF has no standing to dispute something they were not a party to. The court twice agreed

As usual...wrong again!
U.S. District Court Judge Susan Webber Wright threw out the ABF lawsuit for the second time Aug. 1, ruling that ABF had not exhausted its chances for redress under the National Motor Freight Agreement. Her decision accepts that ABF is part to the same 2008 NMFA contract as YRC and its subsidiaries, but states NMFA’s National Grievance Committee should first address the matter.
You try and claim that the courts agreed with you that they were not party to the NMFA...shame on you...lol

ABF to Fight $750 Million Teamsters Lawsuit Dismissal | Journal of Commerce

5. My mother often said I must always be intolerant of ignorance and illiteracy.

No wonder you contradict yourself so much...you can't even tolerate yourself...lol

Professor,you got your quotes and my quotes wrapped together. It would take 6 ABF lawyers to sort this out

 

[Docker]

Professor,you got your quotes and my quotes wrapped together. It would take 6 ABF lawyers to sort this out

Is that all you have to say after you have been proven wrong...yet again...lol

 

[Muler]

Docker the last person I would discuss the lawsuit with is joseph. He knows nothing and thinks he knows it all. ABF will have their day in court no matter who does or doesn't like it. Hell I even read a post where the guy was calling the judge that threw the case out a guy. If he had been following the case from the start he would have know it was a female judge that did so. All I would like to know from the great legal minds is why is there a NMFA? What is it all about? And why was it started. If you can answer those questions then you will see why ABF filed a lawsuit. YOUR JUST DOING MY JOB BROTHER ALWAYS!