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Yellow | Merger Article

If your union and part of that 15% (like myself, I have 2 years in) and lose your job ( which would be hard to replace in this economic climate) would you go to a lawyer? I would think some kind of termination settlement would be warranted since we mostly had employment when we bought into this mess. wrongfull termination maybe I know I am going to be screaming mad knowing I came over here thinking I was getting job security.

Wrongful dismissal, also called wrongful termination or wrongful discharge, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. It follows that the scope for wrongful dismissal varies according to the terms of the employment contract, and varies by jurisdiction. Note that the absence of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in which a de facto contract is taken to exist by virtue of the employment relationship. Terms of such a contract may include obligations and rights outlined in an employee handbook.

Employment Labor Law - Wrongful termination

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What is “wrongful termination” and what can I do if I've been wrongfully terminated?

Generally, employees are "at will" and can be fired for any reason or no reason at all; there does not have to be a "good cause" for firing unless otherwise agreed to or implied by the parties' conduct. But the reason for termination cannot be illegal or "wrongful."

If you're a non-governmental employee, you could consider filing a wrongful termination action. Wrongful termination claims are based on one or more of the following concepts:

* wrongful termination in violation of an express agreement to only fire for cause;
* wrongful termination in violation of an implied agreement to only fire for a cause;
* wrongful termination in violation of public policy and/or in violation of a state or federal statute or constitutional provisions; and
* whistleblowing claims.

If you are a union employee covered under a collective bargaining agreement, consult with your union about filing a grievance to challenge your termination. A government employee may have a property interest in his/her job which cannot be taken away without sufficient cause as determined by a court of law.

If you succeed in your claim or grievance, your employer might have to pay back wages, fines, and possible punitive damages or you can be returned to your job.
 
BUT....The NMFA that was passed by the majority of the members (That voted!) will prevail under any hearing by the NLRB or any other judical process....so don't waste your hard earned money on lawyers!....KK
 
well I personally voted against the contract but thats beside the point I don't remember seeing a clause in there that 15% could be terminated due to a merger
 
eaglescout1958 said:
well I personally voted against the contract but thats beside the point I don't remember seeing a clause in there that 15% could be terminated due to a merger
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Although I am unsure how your case would pan out if presented to the law of the land. I have come to know one thing at the land of Yellow and that is: the house always wins... :shades:
 
Eaglescout what do you really think you would get "if" you would win such a lawsuit?
 
Drivers and dock workers

Jack said:
I think the 3750 job cuts will be mainly non-union, clerical and supervisory.
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The article says "
More then 3,700 drivers and dock workers for YRC Worldwide Inc. could lose their jobs under a plan to merge its two national carriers, the chairman of the company said last week"
 
eaglescout1958 said:
well I personally voted against the contract but thats beside the point I don't remember seeing a clause in there that 15% could be terminated due to a merger
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Good luck with that. Please let us know how your suit against the largest trucking company in the US goes. Never once was the word terminated used. YRCW will not be terminating 3700+ Teamsters. He just said that many people could lose their job. Now when a company LAYS YOU OFF you have lost your job. And there isn't a damn thing in the contract or a damn thing a lawyer can do about the company laying you and as many others off as they want. Again, good luck with that lawsuit.......:hysterical:
 
Numbers

"Bill Zollars, YRC chairman and chief executive, said in an interview that the company’s plan to combine the operations of Yellow Transportation and Roadway could reduce the hourly work force by 15 percent.

Although the number of Yellow and Roadway drivers and dock workers varies by season, Zollars said the 15 percent reduction would come from a base of about 25,000 employees.

Using those figures would mean about 3,750 jobs would be lost nationwide. “That’s pretty close,” Zollars said."
Above Quote from the Kansas City Star.

During the conference call Zollars was quoted as saying:

"I still feel very comfortable with a run rate of about $200 million of operating income improvement by the end of 2009. To put this number in perspective Yellow and Roadway had about $6.5 [billion] of annual expense of which labor costs for line haul, P&D and dock are about $3 [billion]. If we removed just 5% of that base, we’re talking about $150 million of annual savings."
Above quote fom Seeking Alpha conference call transcript.

I am having a hard time making these numbers jive.

If you use $60,000 as an average salary $60,000.00 x 3750= $225,000,000.00 It would seem the $200,000,000.00 in annual savings was coming just from the union side.

If you use the conference call numbers 5% of $3,000,000,000.00 that would equal $150,000,000.00 divide that by $60,000.00 and you come up with 2500 jobs?

Just trying to think this through.The 5% of 3 Billion represents all labor, but, the 15% represents a pool of 25,000 from labor.
 
you are using the old math were 2+2 =4 you need to use the zollars math where5-3= more 4 me
 
I just got off the phone with my B.A. and he told me this all this whole thing is going to be done by March 09.This came directly from the labor men as of today.Hang on fellas
this is going to be one hell of a ride!Sink or swim for YRC!
 
Hang on

Moparman said:
I just got off the phone with my B.A. and he told me this all this whole thing is going to be done by March 09.This came directly from the labor men as of today.Hang on fellas
this is going to be one hell of a ride!Sink or swim for YRC!
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What really sucks is that these numbers don't include Holiday lay offs and what the slow economy will cause in January:hide:
 
Hey Eaglescout, as someone mentioned the word"termination" was never used. Now I am not sticking up for the company, but they can lay you off, however under the NMFA you retain your seniority for 5 years from the last day you worked. In my opinion over the course of thime some will retire or quit or move and you will be back to work at some point or YRC will not be around all together.
 
Since you will not actually be terminated, I personaly do not believe you even have a grievence. You are not being terminated by this merger you are simply being layed off. You retain the right to return to work for 5 years should business ever pick up. If and when you return you will dovetail where your senority holds. I definetly wouldnt waste money on a lawyer.
 
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