- Credits
- 530
From The Black Book:
ARTICLE 42 SENIORITY
CASES AND INTERPRETATIONS
MODIFIED SYSTEM SENIORITY AS PROVIDED IN THE SOUTHERN
CONFERENCE AREA OVER-THE-ROAD SUPPLEMENTAL AGREEMENT
(1) The Employer will prepare a seniority roster for all road drivers who have seniority under the Road Agreement showing the drivers full unbroken road seniority,
(2) Drivers will use road seniority for all purposes at home terminal, but only move to a foreign terminal when laid off due to reduction in force at home terminal, or at the closing of a domicile point, or in the event of a new point of domicile or as approved by Change of Operation Committee.
(3) When a driver has been laid-off, he will have a thirty (30) day period in which to exercise his seniority at some other terminal at his option.
(4) A driver wishing to exercise his seniority due to lay-off, will give forty-eight (48) hours advance notice to the terminal manager of the other station; which notice shall be posted, in person by the driver, before a bump is effective.
(5) Drivers who have been laid-off from their original point of domicile and who have exercised their seniority at some other terminal shall be offered an opportunity to return to that point before new employees are hired.
(6) Drivers on layoff who have not exercised their seniority at some other terminal shall be recalled for work in accordance with the Road Agreement.
(7) The last domicile a driver bumps from becomes his home domicile, e.g.: A Dallas Driver bumps to Houston and later gets laid off at Houston. He then bumps New Orleans - Houston becomes his last domicile point.
MODIFIED SYSTEM SENIORITY
INTERPRETATIONS
Prior to the merger of the two (2) Areas in 1970, under the Southern Conference Supplemental Agreements, in the Southeast Area, a road driver could be laid-off without regard to economic conditions or the earnings of the driver. In September, 1970, in the then agreed upon rules for modified system seniority, a road driver could be laid off upon request of the Union in accordance with the contract provisions or in the event of a "provable economic lay-off."
For Companies with terminal seniority only, because there is no effect on other drivers at another terminal by a lay-off, "provable economic layoff does not apply. For those companies with seniority systems other than terminal, and specifically modified system seniority, the formula for cutting the board when requested by the Union, has been spelled out by the Committee and is as follows:
In complying with the request from the Union to cut the road seniority board under Article 5, Section 4, the Company will take the earnings of the lower twenty-five percent (25%) of the active mad extra board, counting from the bottom up, to determine if the avenge weekly earnings for the four (4) weeks falls to $700.00 or less. November 20.1974. Case No. 73. Local 667 v. ETMF. This amount in Art 5 of the National Agreement is now $700.00 April, 1991.
Where there is no request by the Union and driver earnings drop because of economic conditions, the laying off of a road driver becomes more difficult. It is now generally accepted that there is no specific earnings formula which can be applied to determine whether or not a specific driver can be laid off under the modified system seniority rules.
There is however, a consensus or opinion amount the Union and the Operator members- of the Road Committee flee that the overall economic situation must be looked at with special emphasis on the following factors in determining whether or not road drivers can or should be laid off. The principal factors to be considered are: (a) Tonnage. (2) Revenue, (3) Flow of Traffic, and (4) Dispatches.
The principal question in effect to be answered is "What economic work load can the board support?" , and as stated above, no specific formula can determine the answer to this question.
In many instances. it is possible for a driver at the bottom of the board to have a substantial weekly earning because of the nature of his dispatches for the week, for example, he may be dispatched into the field for five (5) or six (6) days. With this happening, it is still possible for a driver above him to have substantially reduced earnings. In this situation in laying off from the bottom up, the least seniority driver with earnings would be laid off and could possibly bump into another terminal because of modified system seniority. In this particular case, the entire situation would have to be examined with regard to the above mentioned factors to determine whether or not the lease senior driver was m fact laid-off as a result of "provable economic lay-off. "
(8) Recall shall be on a terminal basis without regard to the Modified System Master Seniority List.
(9) In the event there is a senior laid off road driver at a foreign terminal, that driver shall have thirty (3 0) days to bump the recalled junior driver provided he has not refused a prior opportunity to bump to the terminal when the recall is made."
ARTICLE 42 SENIORITY
CASES AND INTERPRETATIONS
MODIFIED SYSTEM SENIORITY AS PROVIDED IN THE SOUTHERN
CONFERENCE AREA OVER-THE-ROAD SUPPLEMENTAL AGREEMENT
(1) The Employer will prepare a seniority roster for all road drivers who have seniority under the Road Agreement showing the drivers full unbroken road seniority,
(2) Drivers will use road seniority for all purposes at home terminal, but only move to a foreign terminal when laid off due to reduction in force at home terminal, or at the closing of a domicile point, or in the event of a new point of domicile or as approved by Change of Operation Committee.
(3) When a driver has been laid-off, he will have a thirty (30) day period in which to exercise his seniority at some other terminal at his option.
(4) A driver wishing to exercise his seniority due to lay-off, will give forty-eight (48) hours advance notice to the terminal manager of the other station; which notice shall be posted, in person by the driver, before a bump is effective.
(5) Drivers who have been laid-off from their original point of domicile and who have exercised their seniority at some other terminal shall be offered an opportunity to return to that point before new employees are hired.
(6) Drivers on layoff who have not exercised their seniority at some other terminal shall be recalled for work in accordance with the Road Agreement.
(7) The last domicile a driver bumps from becomes his home domicile, e.g.: A Dallas Driver bumps to Houston and later gets laid off at Houston. He then bumps New Orleans - Houston becomes his last domicile point.
MODIFIED SYSTEM SENIORITY
INTERPRETATIONS
Prior to the merger of the two (2) Areas in 1970, under the Southern Conference Supplemental Agreements, in the Southeast Area, a road driver could be laid-off without regard to economic conditions or the earnings of the driver. In September, 1970, in the then agreed upon rules for modified system seniority, a road driver could be laid off upon request of the Union in accordance with the contract provisions or in the event of a "provable economic lay-off."
For Companies with terminal seniority only, because there is no effect on other drivers at another terminal by a lay-off, "provable economic layoff does not apply. For those companies with seniority systems other than terminal, and specifically modified system seniority, the formula for cutting the board when requested by the Union, has been spelled out by the Committee and is as follows:
In complying with the request from the Union to cut the road seniority board under Article 5, Section 4, the Company will take the earnings of the lower twenty-five percent (25%) of the active mad extra board, counting from the bottom up, to determine if the avenge weekly earnings for the four (4) weeks falls to $700.00 or less. November 20.1974. Case No. 73. Local 667 v. ETMF. This amount in Art 5 of the National Agreement is now $700.00 April, 1991.
Where there is no request by the Union and driver earnings drop because of economic conditions, the laying off of a road driver becomes more difficult. It is now generally accepted that there is no specific earnings formula which can be applied to determine whether or not a specific driver can be laid off under the modified system seniority rules.
There is however, a consensus or opinion amount the Union and the Operator members- of the Road Committee flee that the overall economic situation must be looked at with special emphasis on the following factors in determining whether or not road drivers can or should be laid off. The principal factors to be considered are: (a) Tonnage. (2) Revenue, (3) Flow of Traffic, and (4) Dispatches.
The principal question in effect to be answered is "What economic work load can the board support?" , and as stated above, no specific formula can determine the answer to this question.
In many instances. it is possible for a driver at the bottom of the board to have a substantial weekly earning because of the nature of his dispatches for the week, for example, he may be dispatched into the field for five (5) or six (6) days. With this happening, it is still possible for a driver above him to have substantially reduced earnings. In this situation in laying off from the bottom up, the least seniority driver with earnings would be laid off and could possibly bump into another terminal because of modified system seniority. In this particular case, the entire situation would have to be examined with regard to the above mentioned factors to determine whether or not the lease senior driver was m fact laid-off as a result of "provable economic lay-off. "
(8) Recall shall be on a terminal basis without regard to the Modified System Master Seniority List.
(9) In the event there is a senior laid off road driver at a foreign terminal, that driver shall have thirty (3 0) days to bump the recalled junior driver provided he has not refused a prior opportunity to bump to the terminal when the recall is made."