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Section 2. Probationary and Casual Employees
(a) Probationary Employees
(1) A probationary employee shall work under the provisions of this
Agreement, but shall be employed on a trial basis as provided for in
each Supplement.
(2) During the probationary period, the employee may be terminated
without further recourse; provided, however, that the Employer
may not terminate the employee for the purpose of evading this
Agreement or discriminating against Union members. A probationary
employee who is terminated by the Employer during the probationary
period and is then worked again at any time during the next
full twelve (12) months at any of that Employer’s locations within
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Article 3, Section 1
the jurisdiction of the Local Union covering the terminal where
he/she first worked, except in those jurisdictions where the Local
Union maintains a hiring hall or referral system, shall be added to
the regular seniority list with a seniority date as of the date that person
is subsequently worked. The rules contained in subsection (a)
(2) are subject to provisions in the Supplements to the contrary.
(3) Probationary employees shall be paid at the new hire rate of pay
during the probationary period; however, if the employee is terminated
by the Employer during such period, he/she shall be compensated
at the full contract rate of pay for all hours worked retroactive
to the first (1st) day worked in such period.
CDL-qualified employees hired into driving positions who are not
currently on the seniority list at an NMFA carrier and who for two
(2) or more years regularly performed CDL-required driving work
for a commonly-owned NMFA carrier shall be compensated at 90%
of the full contract rate of pay for a period of one (1) year and go to
the full contractual rate thereafter, provided they have not had a
break in service in excess of three (3) years.
(4) The Union and the Employer may agree to extend the probationary
period for no more than thirty (30) days, but the probationary
employee must agree to such extension in writing.
This Article will have to be addressed since ABF will be given a separate contract.And the NMFA will no longer be.
(a) Probationary Employees
(1) A probationary employee shall work under the provisions of this
Agreement, but shall be employed on a trial basis as provided for in
each Supplement.
(2) During the probationary period, the employee may be terminated
without further recourse; provided, however, that the Employer
may not terminate the employee for the purpose of evading this
Agreement or discriminating against Union members. A probationary
employee who is terminated by the Employer during the probationary
period and is then worked again at any time during the next
full twelve (12) months at any of that Employer’s locations within
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Article 3, Section 1
the jurisdiction of the Local Union covering the terminal where
he/she first worked, except in those jurisdictions where the Local
Union maintains a hiring hall or referral system, shall be added to
the regular seniority list with a seniority date as of the date that person
is subsequently worked. The rules contained in subsection (a)
(2) are subject to provisions in the Supplements to the contrary.
(3) Probationary employees shall be paid at the new hire rate of pay
during the probationary period; however, if the employee is terminated
by the Employer during such period, he/she shall be compensated
at the full contract rate of pay for all hours worked retroactive
to the first (1st) day worked in such period.
CDL-qualified employees hired into driving positions who are not
currently on the seniority list at an NMFA carrier and who for two
(2) or more years regularly performed CDL-required driving work
for a commonly-owned NMFA carrier shall be compensated at 90%
of the full contract rate of pay for a period of one (1) year and go to
the full contractual rate thereafter, provided they have not had a
break in service in excess of three (3) years.
(4) The Union and the Employer may agree to extend the probationary
period for no more than thirty (30) days, but the probationary
employee must agree to such extension in writing.
This Article will have to be addressed since ABF will be given a separate contract.And the NMFA will no longer be.
(b) Casual Employees
(1) A casual employee is an individual who is not on the regular seniority
list and who is not serving a probationary period. A casual
may be either a replacement casual or a supplemental casual as
hereinafter provided. Casuals shall not have seniority status.
Casuals shall not be discriminated against for future employment.
(2) a. Replacement casuals may be utilized by an Employer to
replace regular employees when such regular employees are off due
to illness, vacation or other absence, except when an absence of a
regular employee continues beyond three (3) consecutive months, a
replacement casual shall not thereafter be used to fill such absence,
unless the Employer and the Local Union mutually agree to the con-
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Article 3, Section 2
tinued use of a replacement casual. If a CDL-qualified casual filling
a position has been regularly employed for a period of six (6)
months or more, he will not be required to go through a probationary
period if hired into a full-time position.
b. Where the Company is using casuals as vacation replacements for
regular employees, and the Area Supplemental Agreement does not
provide a method to add regular employees based on the use of
casuals to replace vacation absence, the vacation schedules shall be
broken into yearly quarters beginning January 1st, and subsequent
vacation quarters shall begin on April 1st, July 1st, and October 1st
thereafter.
Starting with the quarter beginning April, 1991, and continuing
each quarter thereafter, the Employer shall add one (1) additional
employee to the regular seniority list for each sixty-five (65) vacation
replacement days worked by a casual during each vacation
quarter.
The application of this formula shall not result in pyramiding.
New employees shall be placed on the respective seniority lists on
the first (1st) day of the following quarter unless there are employees
in layoff status, in which case such new employees shall be
placed on the respective seniority list at the time the laid-off
employees are recalled from layoff status.
Employees shall first be added to the regular seniority list from the
preferential list, if applicable. Thereafter, employees to be added to
the regular seniority list shall be determined by the respective
Supplement and shall be subject to the probationary provisions of
that Supplement.
In the application of this formula, employees specifically designated
under an appropriate reporting procedure to replace absence
other than vacations shall not be included as vacation replacements.
It is the intent of the parties, in the application of this formula, to
add regular employees to the seniority list to replace employees on
vacation where there is regular work opportunity for such additional
employees.
(1) A casual employee is an individual who is not on the regular seniority
list and who is not serving a probationary period. A casual
may be either a replacement casual or a supplemental casual as
hereinafter provided. Casuals shall not have seniority status.
Casuals shall not be discriminated against for future employment.
(2) a. Replacement casuals may be utilized by an Employer to
replace regular employees when such regular employees are off due
to illness, vacation or other absence, except when an absence of a
regular employee continues beyond three (3) consecutive months, a
replacement casual shall not thereafter be used to fill such absence,
unless the Employer and the Local Union mutually agree to the con-
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Article 3, Section 2
tinued use of a replacement casual. If a CDL-qualified casual filling
a position has been regularly employed for a period of six (6)
months or more, he will not be required to go through a probationary
period if hired into a full-time position.
b. Where the Company is using casuals as vacation replacements for
regular employees, and the Area Supplemental Agreement does not
provide a method to add regular employees based on the use of
casuals to replace vacation absence, the vacation schedules shall be
broken into yearly quarters beginning January 1st, and subsequent
vacation quarters shall begin on April 1st, July 1st, and October 1st
thereafter.
Starting with the quarter beginning April, 1991, and continuing
each quarter thereafter, the Employer shall add one (1) additional
employee to the regular seniority list for each sixty-five (65) vacation
replacement days worked by a casual during each vacation
quarter.
The application of this formula shall not result in pyramiding.
New employees shall be placed on the respective seniority lists on
the first (1st) day of the following quarter unless there are employees
in layoff status, in which case such new employees shall be
placed on the respective seniority list at the time the laid-off
employees are recalled from layoff status.
Employees shall first be added to the regular seniority list from the
preferential list, if applicable. Thereafter, employees to be added to
the regular seniority list shall be determined by the respective
Supplement and shall be subject to the probationary provisions of
that Supplement.
In the application of this formula, employees specifically designated
under an appropriate reporting procedure to replace absence
other than vacations shall not be included as vacation replacements.
It is the intent of the parties, in the application of this formula, to
add regular employees to the seniority list to replace employees on
vacation where there is regular work opportunity for such additional
employees.
Article 3, Section 2
The implementation of this provision may raise issues particular to
a respective Supplemental Agreement. Failure to resolve the issues,
such Supplemental Negotiating Committee may agree to waive this
provision, or submit the disputed issues to the National Grievance
Committee.
(3) Supplemental casuals may be used to supplement the regular
work force as provided for in each respective Supplement. Once the
number of new employees to be added as required in the
Supplement is determined, the Employer must initiate the processing
of the new probationary employees immediately, and complete
such processing as provided for in the Supplements.
(4) Unless waived in writing by any Joint Supplemental Negotiating
Committee, all Supplements shall provide for a preferential casual hiring
list and shall provide the qualifications for placement on such list.
Casuals on the preferential hiring list shall be offered available extra
work and future regular employment in seniority order by classification
as among themselves. A preferential casual employee’s seniority
date shall be the date he/she becomes a regular employee; and such
employee shall not be subject to any probationary period.
Casual employees on the preferential hiring list shall have full
access to the grievance procedure.
The provisions of Article 3, Section 3, shall apply to casual employees
on the preferential hiring list who are paid on the regular payroll.
Local Unions employing an exclusive hiring hall under the terms of
the Supplemental Agreement may petition the respective Joint Area
Supplemental Negotiating Committee for approval to waive this
subparagraph (4).
(5) Casual road employees, where permitted by Supplemental
Agreement, may only be used within the jurisdiction of their respective
Regional Area and shall gain preferential status and/or regular
seniority status as provided in the respective Supplement, except on
approved two-man operations when the extra boards are exhausted.
Here we start getting into committees that will be charged with the interpretation of our contract. We need to KNOW WHO these people will be before we approve any new contract. After all yrc labor people should have no say so in our contract disputes again. WE NEED TO KNOW!
The implementation of this provision may raise issues particular to
a respective Supplemental Agreement. Failure to resolve the issues,
such Supplemental Negotiating Committee may agree to waive this
provision, or submit the disputed issues to the National Grievance
Committee.
(3) Supplemental casuals may be used to supplement the regular
work force as provided for in each respective Supplement. Once the
number of new employees to be added as required in the
Supplement is determined, the Employer must initiate the processing
of the new probationary employees immediately, and complete
such processing as provided for in the Supplements.
(4) Unless waived in writing by any Joint Supplemental Negotiating
Committee, all Supplements shall provide for a preferential casual hiring
list and shall provide the qualifications for placement on such list.
Casuals on the preferential hiring list shall be offered available extra
work and future regular employment in seniority order by classification
as among themselves. A preferential casual employee’s seniority
date shall be the date he/she becomes a regular employee; and such
employee shall not be subject to any probationary period.
Casual employees on the preferential hiring list shall have full
access to the grievance procedure.
The provisions of Article 3, Section 3, shall apply to casual employees
on the preferential hiring list who are paid on the regular payroll.
Local Unions employing an exclusive hiring hall under the terms of
the Supplemental Agreement may petition the respective Joint Area
Supplemental Negotiating Committee for approval to waive this
subparagraph (4).
(5) Casual road employees, where permitted by Supplemental
Agreement, may only be used within the jurisdiction of their respective
Regional Area and shall gain preferential status and/or regular
seniority status as provided in the respective Supplement, except on
approved two-man operations when the extra boards are exhausted.
Here we start getting into committees that will be charged with the interpretation of our contract. We need to KNOW WHO these people will be before we approve any new contract. After all yrc labor people should have no say so in our contract disputes again. WE NEED TO KNOW!
(6) Any casual employee who declines regular employment shall be
terminated without recourse and will not be used by the Employer
for any further work.
(7) a. Casual Employment
The Employer agrees to give first opportunity for work as a casual
employee to those CDL-qualified employees on layoff at a commonly-
owned NMFA carrier. This obligation shall apply only at
terminals located within the jurisdiction of the employee’s Local
Union. The Local Union will furnish Employer with the names,
addresses, and telephone numbers of those laid off employees interested
in casual work opportunity and the job each employee is qualified
to perform. Where applicable, casual employment may not be
offered to laid off employees under this provision ahead of preferential
casuals, nor shall this provision supersede an established
order of call in a supplemental agreement.
This Article MUST be rewritten to protect ALL ABF TEAMSTERS! It should read any ABF Teamsters on letter of layoff will be eligible too transfer to terminals that have work. Keeping their seniority for vacations purposes only. All transfer opportunities should be offered in their company seniority order
terminated without recourse and will not be used by the Employer
for any further work.
(7) a. Casual Employment
The Employer agrees to give first opportunity for work as a casual
employee to those CDL-qualified employees on layoff at a commonly-
owned NMFA carrier. This obligation shall apply only at
terminals located within the jurisdiction of the employee’s Local
Union. The Local Union will furnish Employer with the names,
addresses, and telephone numbers of those laid off employees interested
in casual work opportunity and the job each employee is qualified
to perform. Where applicable, casual employment may not be
offered to laid off employees under this provision ahead of preferential
casuals, nor shall this provision supersede an established
order of call in a supplemental agreement.
This Article MUST be rewritten to protect ALL ABF TEAMSTERS! It should read any ABF Teamsters on letter of layoff will be eligible too transfer to terminals that have work. Keeping their seniority for vacations purposes only. All transfer opportunities should be offered in their company seniority order
Article 3, Section 2
(7) b. Regular Employment
The Employer agrees to offer regular employment to those employees
on letter of layoff from a commonly-owned NMFA carrier at
other terminals located within the jurisdiction of the employee’s
Local Union who have made application for regular employment at
the terminal offering regular employment. Employment shall be
offered in accordance with the following order, unless the
Supplemental Agreement or an agreed to practice provides a different
order of call, in which case such other order of call shall prevail:
1. Preferential casuals, where applicable.
2. Employees of the Employer, on a seniority basis.
3. Employees of a commonly-owned NMFA carrier based on the
date such employees made application.
Employees who for two (2) or more years regularly performed
CDL-required driving work for a commonly-owned NMFA carrier
shall be compensated at 90% of the full contract rate of pay for a
period of one (1) year and go to the full contractual rate thereafter.
This should read ALL ABF TEAMSTERS no matter where should be offered the work but if not following their work keeps company seniority for vacation purposes only. Then after they are offered then it should go to others.
(7) b. Regular Employment
The Employer agrees to offer regular employment to those employees
on letter of layoff from a commonly-owned NMFA carrier at
other terminals located within the jurisdiction of the employee’s
Local Union who have made application for regular employment at
the terminal offering regular employment. Employment shall be
offered in accordance with the following order, unless the
Supplemental Agreement or an agreed to practice provides a different
order of call, in which case such other order of call shall prevail:
1. Preferential casuals, where applicable.
2. Employees of the Employer, on a seniority basis.
3. Employees of a commonly-owned NMFA carrier based on the
date such employees made application.
Employees who for two (2) or more years regularly performed
CDL-required driving work for a commonly-owned NMFA carrier
shall be compensated at 90% of the full contract rate of pay for a
period of one (1) year and go to the full contractual rate thereafter.
This should read ALL ABF TEAMSTERS no matter where should be offered the work but if not following their work keeps company seniority for vacation purposes only. Then after they are offered then it should go to others.
Article 3, Section 2
Other employees hired into regular employment shall be paid in
accordance with the new hire rate set forth in Article 36, herein and
shall establish seniority in accordance with the applicable
Supplemental Agreement. Employees who accrue seniority under
this provision who are on layoff from another Employer shall retain
seniority rights at the terminal they are laid off from until such time
as they are recalled to that terminal. Employees who accrue seniority
under this provision who are on layoff from another terminal of
the same Employer shall retain their seniority at the terminal they
are laid off from until such time as recalled to that terminal. At that
time, the employee must either accept recall and forfeit seniority at
the new terminal or refuse recall and forfeit seniority at the terminal
he/she is being recalled to.
In order to be eligible for either casual or regular employment
opportunity under this provision, the laid off employee must meet
the minimum hiring standards established by the Employer and be
otherwise qualified to perform the work available and must be able
to report for work in compliance with the Employer’s established
call-time procedures. The Employer’s hiring standards and examinations
shall be applied uniformly to all applicants for employment.
The Employer shall provide the hiring standards and examinations
upon written request of the Local Union. Employees who are
offered work opportunity under this provision must be able to furnish
proof of their qualification to perform the work available.
Any employment examination for applicants must test skills or
physical abilities necessary for performance of the work in the job
classification in which the applicant will be employed. Violation of
this subsection shall be subject to the grievance procedure.
(8) Fringe benefits will be paid on casuals in accordance with the
terms of the Supplemental Agreement. Minimum daily guarantees
will be governed by the respective Supplemental Agreement.
(9) A monthly list of all casual and/or probationary employees used
during that month shall be submitted to the Local Unions by the
tenth (10th) day of the following month. Such list shall show:
a. the employee’s name, address, and social security number;
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Article 3, Section 2
b. the date worked;
c. the classification of work performed each date, and the hours
worked; and,
d. the name, if applicable, of the employee replaced.
This list shall be compiled on a daily basis and shall be available for
inspection by a Union representative and/or job shop steward.
(10) Unless otherwise agreed to in any Supplemental Agreement,
the following will apply:
Supplemental casuals may be used to supplement the regular work
force (dock only) and shall be subject to a four (4) hour guarantee
when called to work. Four (4) hour casuals shall be started on an
established starting time; or when called to work at a time other than
an established starting time, must end his/her shift at the conclusion
of that established starting time shift. Four (4) hour casuals shall be
eligible for pension and/or health and welfare contributions in
accordance with the applicable Supplemental Agreement.
For the purpose of adding regular employees in accordance with the
Supplemental Agreement, casuals who work six (6) hours or more
or back to back on a shift shall be considered as having worked a
supplemental day towards seniority. Once regular employees are
required to be added in accordance with the applicable Supplement,
the employer must initiate the processing of the new probationary
employees immediately and complete such processing as provided
for in the applicable Supplement.
(c) Employment Agency Fees
If employees are hired through an employment agency, the
Employer is to pay the employment agency fee. However, if the
Local Union was given equal opportunity to furnish employees
under Article 3, Section (1) (c), and if the employee is retained
through the probationary period, the fee need not be paid until the
thirty-first (31st) day of employment.
This Article has to be written as to afford any laid off ABF Teamsters first work opportunities.
Other employees hired into regular employment shall be paid in
accordance with the new hire rate set forth in Article 36, herein and
shall establish seniority in accordance with the applicable
Supplemental Agreement. Employees who accrue seniority under
this provision who are on layoff from another Employer shall retain
seniority rights at the terminal they are laid off from until such time
as they are recalled to that terminal. Employees who accrue seniority
under this provision who are on layoff from another terminal of
the same Employer shall retain their seniority at the terminal they
are laid off from until such time as recalled to that terminal. At that
time, the employee must either accept recall and forfeit seniority at
the new terminal or refuse recall and forfeit seniority at the terminal
he/she is being recalled to.
In order to be eligible for either casual or regular employment
opportunity under this provision, the laid off employee must meet
the minimum hiring standards established by the Employer and be
otherwise qualified to perform the work available and must be able
to report for work in compliance with the Employer’s established
call-time procedures. The Employer’s hiring standards and examinations
shall be applied uniformly to all applicants for employment.
The Employer shall provide the hiring standards and examinations
upon written request of the Local Union. Employees who are
offered work opportunity under this provision must be able to furnish
proof of their qualification to perform the work available.
Any employment examination for applicants must test skills or
physical abilities necessary for performance of the work in the job
classification in which the applicant will be employed. Violation of
this subsection shall be subject to the grievance procedure.
(8) Fringe benefits will be paid on casuals in accordance with the
terms of the Supplemental Agreement. Minimum daily guarantees
will be governed by the respective Supplemental Agreement.
(9) A monthly list of all casual and/or probationary employees used
during that month shall be submitted to the Local Unions by the
tenth (10th) day of the following month. Such list shall show:
a. the employee’s name, address, and social security number;
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Article 3, Section 2
b. the date worked;
c. the classification of work performed each date, and the hours
worked; and,
d. the name, if applicable, of the employee replaced.
This list shall be compiled on a daily basis and shall be available for
inspection by a Union representative and/or job shop steward.
(10) Unless otherwise agreed to in any Supplemental Agreement,
the following will apply:
Supplemental casuals may be used to supplement the regular work
force (dock only) and shall be subject to a four (4) hour guarantee
when called to work. Four (4) hour casuals shall be started on an
established starting time; or when called to work at a time other than
an established starting time, must end his/her shift at the conclusion
of that established starting time shift. Four (4) hour casuals shall be
eligible for pension and/or health and welfare contributions in
accordance with the applicable Supplemental Agreement.
For the purpose of adding regular employees in accordance with the
Supplemental Agreement, casuals who work six (6) hours or more
or back to back on a shift shall be considered as having worked a
supplemental day towards seniority. Once regular employees are
required to be added in accordance with the applicable Supplement,
the employer must initiate the processing of the new probationary
employees immediately and complete such processing as provided
for in the applicable Supplement.
(c) Employment Agency Fees
If employees are hired through an employment agency, the
Employer is to pay the employment agency fee. However, if the
Local Union was given equal opportunity to furnish employees
under Article 3, Section (1) (c), and if the employee is retained
through the probationary period, the fee need not be paid until the
thirty-first (31st) day of employment.
This Article has to be written as to afford any laid off ABF Teamsters first work opportunities.
Article 3, Section 3
Section 3. Checkoff
The Employer agrees to deduct from the pay of all employees covered
by this Agreement the dues, initiation fees and/or uniform
assessments of the Local Union having jurisdiction over such
employees and agrees to remit to said Local Union all such deductions.
Where laws require written authorization by the employee,
the same is to be furnished in the form required. The Local Union
shall certify to the Employer in writing each month a list of its
members working for the Employer who have furnished to the
Employer the required authorization, together with an itemized
statement of dues, initiation fees (full or installment), or uniform
assessments owed and to be deducted for such month from the pay
of such member. The Employer shall deduct such amount within
two (2) weeks following receipt of the statement of certification of
the member and remit to the Local Union in one (1) lump sum within
three (3) weeks following receipt of the statement of certification.
The Employer shall add to the list submitted by the Local Union the
names and Social Security numbers of all regular new employees
hired since the last list was submitted and delete the names of
employees who are no longer employed. Checkoff shall be on a
monthly or quarterly basis at the option of the Union. The Local
Union and Employer may agree to an alternative option to deduct
Union dues bi-monthly.
When an Employer actually makes a deduction for dues, initiation
fees and assessments, in accordance with the statement of certification
received from an appropriate Local Union, the Employer shall
remit same no later than three (3) weeks following receipt of the
statement of certification and in the event the Employer fails to do
so, the Employer shall be assessed ten percent (10%) liquidated
damages. All monies required to be checked off shall become the
property of the entities for which it was intended at the time that
such checkoff is required to be made. All monies required to be
checked off and paid over to other entities under this Agreement
shall become the property of those entities for which it was intended
at the time that such payment or checkoff is required to be made.
Where an employee who is on checkoff is not on the payroll during
the week in which the deduction is to be made, or has no earnings
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Article 3, Section 3
or insufficient earnings during that week, or is on leave of absence,
the employee must make arrangements with the Local Union and/or
the Employer to pay such dues in advance.
The Employer agrees to deduct from the paycheck of all employees
covered by this Agreement voluntary contributions to DRIVE.
DRIVE shall notify the Employer of the amounts designated by
each contributing employee that are to be deducted from his/her
paycheck on a weekly basis for all week worked. The phrase
“weeks worked” excludes any week other than a week in which the
employee earned a wage. The Employer shall transmit to DRIVE
National Headquarters on a monthly basis, in one (1) check, the
total amount deducted along with the name of each employee on
whose behalf a deduction is made, the employee’s social security
number and the amount deducted from that employee’s paycheck.
The International Brotherhood of Teamsters shall reimburse the
Employer annually for the Employer’s actual cost for the expenses
incurred in administering the weekly payroll deduction plan.
The Employer will recognize authorization for deductions from
wages, if in compliance with state law, to be transmitted to Local
Union or to such other organizations as the Union may request if
mutually agreed to. No such authorization shall be recognized if in
violation of state or federal law. No deduction shall be made which
is prohibited by applicable law.
In the event that an Employer has been determined to be in violation
of this Article by the decision of an appropriate grievance committee,
and if such Employer subsequently is in violation thereof
after receipt of seventy-two (72) hours’ written notice of specific
delinquencies, the Local Union may strike to enforce this Article.
However, such strike shall be terminated upon the delivery thereof.
Errors or inadvertent omissions relating to individual employees
shall not constitute a violation.
Upon written request of an employee, the Employer shall make payroll
deductions for the purchasing of U. S. Savings Bonds.
The Employer hereby agrees to participate in the Teamsters
National 401(k) Savings Plan (the “Plan”) on behalf of all employ-
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Article 3, Section 3
ees represented for purposes of collective bargaining under this
agreement, and shall authorize the Plan to allow for participating
employee, upon his request, to take loans on his contributions to the
Plan. The Employer is not required to participate in the Teamsters
National 401(k) if Teamsters employees were eligible to participate
in an Employer sponsored 401(k) as of January 1, 1998.
The Employer will make or cause to be made payroll deductions
from participating employee’s wages, in accordance with each
employee’s salary deferral election subject to compliance with
ERISA and the relevant tax code provisions. The Employer will forward
withheld sum to State Street Bank or its successor at such
time, in such form and manner as required pursuant to the Plan and
Declaration of Trust (the “Trust”).
The Employer will execute a Participation Agreement with
TNFINC and the Trustees of the Plan evidencing Employer participation
in the Plan effective prior to any employee deferral being
received by the Plan.
This Article could be a very dangerous one if at any time it conflicts with our pensions. We need language to address that the Teamsters National 401K plan can never adversely affect nor interfere or replace our DEFINED PENSION PLANS!
Section 3. Checkoff
The Employer agrees to deduct from the pay of all employees covered
by this Agreement the dues, initiation fees and/or uniform
assessments of the Local Union having jurisdiction over such
employees and agrees to remit to said Local Union all such deductions.
Where laws require written authorization by the employee,
the same is to be furnished in the form required. The Local Union
shall certify to the Employer in writing each month a list of its
members working for the Employer who have furnished to the
Employer the required authorization, together with an itemized
statement of dues, initiation fees (full or installment), or uniform
assessments owed and to be deducted for such month from the pay
of such member. The Employer shall deduct such amount within
two (2) weeks following receipt of the statement of certification of
the member and remit to the Local Union in one (1) lump sum within
three (3) weeks following receipt of the statement of certification.
The Employer shall add to the list submitted by the Local Union the
names and Social Security numbers of all regular new employees
hired since the last list was submitted and delete the names of
employees who are no longer employed. Checkoff shall be on a
monthly or quarterly basis at the option of the Union. The Local
Union and Employer may agree to an alternative option to deduct
Union dues bi-monthly.
When an Employer actually makes a deduction for dues, initiation
fees and assessments, in accordance with the statement of certification
received from an appropriate Local Union, the Employer shall
remit same no later than three (3) weeks following receipt of the
statement of certification and in the event the Employer fails to do
so, the Employer shall be assessed ten percent (10%) liquidated
damages. All monies required to be checked off shall become the
property of the entities for which it was intended at the time that
such checkoff is required to be made. All monies required to be
checked off and paid over to other entities under this Agreement
shall become the property of those entities for which it was intended
at the time that such payment or checkoff is required to be made.
Where an employee who is on checkoff is not on the payroll during
the week in which the deduction is to be made, or has no earnings
- 18 -
Article 3, Section 3
or insufficient earnings during that week, or is on leave of absence,
the employee must make arrangements with the Local Union and/or
the Employer to pay such dues in advance.
The Employer agrees to deduct from the paycheck of all employees
covered by this Agreement voluntary contributions to DRIVE.
DRIVE shall notify the Employer of the amounts designated by
each contributing employee that are to be deducted from his/her
paycheck on a weekly basis for all week worked. The phrase
“weeks worked” excludes any week other than a week in which the
employee earned a wage. The Employer shall transmit to DRIVE
National Headquarters on a monthly basis, in one (1) check, the
total amount deducted along with the name of each employee on
whose behalf a deduction is made, the employee’s social security
number and the amount deducted from that employee’s paycheck.
The International Brotherhood of Teamsters shall reimburse the
Employer annually for the Employer’s actual cost for the expenses
incurred in administering the weekly payroll deduction plan.
The Employer will recognize authorization for deductions from
wages, if in compliance with state law, to be transmitted to Local
Union or to such other organizations as the Union may request if
mutually agreed to. No such authorization shall be recognized if in
violation of state or federal law. No deduction shall be made which
is prohibited by applicable law.
In the event that an Employer has been determined to be in violation
of this Article by the decision of an appropriate grievance committee,
and if such Employer subsequently is in violation thereof
after receipt of seventy-two (72) hours’ written notice of specific
delinquencies, the Local Union may strike to enforce this Article.
However, such strike shall be terminated upon the delivery thereof.
Errors or inadvertent omissions relating to individual employees
shall not constitute a violation.
Upon written request of an employee, the Employer shall make payroll
deductions for the purchasing of U. S. Savings Bonds.
The Employer hereby agrees to participate in the Teamsters
National 401(k) Savings Plan (the “Plan”) on behalf of all employ-
- 19 -
Article 3, Section 3
ees represented for purposes of collective bargaining under this
agreement, and shall authorize the Plan to allow for participating
employee, upon his request, to take loans on his contributions to the
Plan. The Employer is not required to participate in the Teamsters
National 401(k) if Teamsters employees were eligible to participate
in an Employer sponsored 401(k) as of January 1, 1998.
The Employer will make or cause to be made payroll deductions
from participating employee’s wages, in accordance with each
employee’s salary deferral election subject to compliance with
ERISA and the relevant tax code provisions. The Employer will forward
withheld sum to State Street Bank or its successor at such
time, in such form and manner as required pursuant to the Plan and
Declaration of Trust (the “Trust”).
The Employer will execute a Participation Agreement with
TNFINC and the Trustees of the Plan evidencing Employer participation
in the Plan effective prior to any employee deferral being
received by the Plan.
This Article could be a very dangerous one if at any time it conflicts with our pensions. We need language to address that the Teamsters National 401K plan can never adversely affect nor interfere or replace our DEFINED PENSION PLANS!
Section 4. Work Assignment
The Employers agree to respect the jurisdictional rules of the Union
and shall not direct or require their employees or persons other than
the employees in the bargaining units here involved, to perform
work which is recognized as the work of the employees in said
units. This is not to interfere with bona fide contracts with bona fide
unions.
Again this should read that our contract SUPERSEDES ANY AND ALL AGREEMENTS AND CONTRACTS!
The Employers agree to respect the jurisdictional rules of the Union
and shall not direct or require their employees or persons other than
the employees in the bargaining units here involved, to perform
work which is recognized as the work of the employees in said
units. This is not to interfere with bona fide contracts with bona fide
unions.
Again this should read that our contract SUPERSEDES ANY AND ALL AGREEMENTS AND CONTRACTS!
Section 5.
The term “Local Union” as used herein refers to the IBT Local
Union which represents the employees of the particular Employer
for the purpose of collective bargaining at the particular place or
places of business to which this Agreement and the Supplements
thereto are applicable, unless by agreement of the Local Union
involved, or a Change of Operations Committee, or a jurisdictional
award under Article 30 herein, jurisdiction over such employees, or
any number of them, has been transferred to some other Local
Union, in which case the term Local Union as used herein shall
refer to such other Local Unions. Nothing herein contained shall be
- 20 -
Article 3, Section 3
construed to alter the multi-employer, multi-union unit or single
contract status of this Agreement.
As you can see this entire Article must be rewritten. BEWARE!
The term “Local Union” as used herein refers to the IBT Local
Union which represents the employees of the particular Employer
for the purpose of collective bargaining at the particular place or
places of business to which this Agreement and the Supplements
thereto are applicable, unless by agreement of the Local Union
involved, or a Change of Operations Committee, or a jurisdictional
award under Article 30 herein, jurisdiction over such employees, or
any number of them, has been transferred to some other Local
Union, in which case the term Local Union as used herein shall
refer to such other Local Unions. Nothing herein contained shall be
- 20 -
Article 3, Section 3
construed to alter the multi-employer, multi-union unit or single
contract status of this Agreement.
As you can see this entire Article must be rewritten. BEWARE!
Section 6. Electronic Funds Transfer
If the Employer institutes an electronic funds transfer (EFT) system,
employees may participate.
Doesn't seem like a big deal. But believe it or not this could be very important to someone that does not have a checking account. It must be kept as a voluntary matter not a requirement.
If the Employer institutes an electronic funds transfer (EFT) system,
employees may participate.
Doesn't seem like a big deal. But believe it or not this could be very important to someone that does not have a checking account. It must be kept as a voluntary matter not a requirement.
Section 7. Utility Employee
The parties recognize the need for the Employers to compete effectively
in a changing environment. To this end, there shall be established
a new position on the local cartage seniority list called a
Utility Employee. The intent of the parties’ creation of the Utility
Employee position is to generate additional job opportunities and
enhance employee earnings, by enhancing the Employer’s ability to
compete and grow.
Subject to the approval of the National Utility Employee Review
Committee, the Employer may establish Utility Employee positions at
any facility at its discretion as-needed, and CDL-qualified road or
local cartage employees may bid for Utility Employee positions in
accordance with established terminal bidding procedures. All CDLqualified
drivers with the required endorsements shall have the opportunity
to transfer to the local cartage operation, if necessary, and bid
for open Utility Employee positions with full seniority rights. There
shall be no retreat rights for employees who transfer to the local
cartage operation to bid an open Utility Employee position. For example,
if a road driver bids into the Utility Employee position, he relinquishes
his road seniority for bidding purposes and cannot return to the
road driver classification, unless through a change of operations, or bid
back rights consistent with the applicable Supplement. The Employer
shall be permitted to assign a qualified local cartage employee to a
Utility Employee position on a temporary basis when necessary to
pursue business opportunities that become available, as long as the
temporary assignment is made in seniority order and if senior employees
do not accept the temporary positions, less senior employees are
forced from the bottom of the seniority list. Temporary vacancies in
the Utility Employee position, for things such as sickness, vacations,
leaves of absences, will be filled consistent with practices under the
applicable Supplemental Agreement.
- 21 -
Article 3, Section 5
The Utility Employee shall work across all classifications as
assigned and as necessary to meet business needs, and there shall be
no restrictions on the type of freight or work handled. A Utility
Employee’s duties during a tour of duty may, at his/her home terminal,
include performing Utility-related dock work, P&D (local
cartage) work, hostling/yard work (drop & hooks), and any driving
work. At larger facilities where the Employer utilizes Utility
Employees and there is more than Utility work performed, the
Employer will designate a specific area on the dock where freight to
be handled by Utility Employees will be staged. Non-utility freight
will be staged at a designated area and the employees at the destination
terminal will handle the non-utility freight.
A Utility Employee shall perform all local cartage functions at his
home terminal. Notwithstanding anything in this Agreement or any
Supplemental Agreement to the contrary, Utility Employees also
may be required to work across Local Union jurisdictional lines. It
is not the intent to use Utility Employees to perform local peddle
runs or P&D work outside their Local Union’s jurisdiction. At away
terminals, a Utility Employee may perform Utility-related dock
work, hostling and drop and hooks on his/her own equipment. A
Utility Employee shall fuel his/her own equipment at away terminals,
if there are no fuelers available. All Utility Employees shall be
returned to his home domicile at the end of his shift, absent bona
fide extenuating circumstances, in which case they shall be paid on
all hours.
The Employer shall pay each Utility Employee an hourly premium
of $ 1.00 per hour over the highest rate the Employer pays to local
cartage drivers under the Supplemental Agreement covering the
Utility Employee’s home domicile. Employees in progression who
bid into Utility Employee positions or individuals the Employer
hires into Utility Employee positions shall complete the progression
for local cartage drivers outlined in the applicable Supplemental
Agreement. A Utility Employee in progression shall receive the
hourly premium in addition to the Utility Employee’s progression
rate.
A Utility Employee’s work week shall consist of any four (4) ten-
- 22 -
Article 3, Section 7
hour or five (5) eight-hour consecutive days starting Sunday,
Monday, or Tuesday, subject to a forty (40) hour guarantee during
that period. With four (4) ten-hour days, the Utility Employee shall
have three (3) consecutive days off and with five (5) eight-hour days
the Utility Employee shall have two (2) consecutive days off. The
Employer may establish multiple start times bid by Utility
Employees and may slide such start times on a daily basis by either
thirty (30) minutes before or thirty (30) minutes after the bid start
times.
The parties recognize that most, if not all locations will have Utility
Employees regardless of facility size, geographic and/or service
area. Subject to the approval of the National Utility Employee
Review Committee or the Committee Chairman or their designees,
the Employer may establish and modify Utility Employee positions
and bids without the approval of a change of operations or other
Union approval. All bids shall be offered in seniority order, and, if
senior employees do not bid open positions, less senior employees
shall be forced from the bottom of the seniority list.
In the event the Employer’s proposed use of a Utility Employee
position causes a transfer, change or modification of any driver’s
present terminal, breaking point or domicile, the proposed change
shall be submitted to a National Utility Employee Review
Committee comprised of three representatives designated by the
President of TMI and three representatives designated by the
Chairman of TNFINC. The President of TMI or his designee and
the Chairman of TNFINC or his designee shall be the TMI and the
TNFINC Chairmen of the National Utility Employee Review
Committee. The National Utility Employee Review Committee
shall establish rules of procedure to govern the manner in which
proposed Utility Employee operational changes are to be heard.
The National Utility Employee Review Committee shall have the
authority to determine the seniority application of employees affected
by the operational change and such determination shall be final
and binding. No proposed operational change will be approved
which violates this Agreement. In the event the National Utility
Employee Review Committee is unable to resolve a matter, the case
- 23 -
Article 3, Section 7
shall be submitted to the National Review Committee on an expedited
basis. Neither the Union nor the Employer shall unreasonably
delay the scheduling or completion of any requested meeting, or the
submission of any dispute to the National Review Committee. In no
event shall a Utility Employee operational change hearing be held
more than fifteen (15) business days after the Employer meets with
the affected Local Unions to discuss the written operational change
proposal.
Any grievance concerning the application or interpretation of
Article 3, Section 7 shall be first referred to the National Utility
Employee Review Committee for resolution. If the National Utility
Employee Review Committee is unable to reach a decision on an
interpretation or grievance, the issue will be referred to the National
Grievance Committee. The National Utility Employee Review
Committee shall have jurisdiction over alleged violations of seniority
rights in the bidding of the Utility Employee positions, issues
regarding the utilization of the Utility Employee position consistent
with this Section, and issues regarding the seniority rights of
employees bidding into the Utility Employee position.
Subject to the approval of the National Utility Employee Review
Committee, the Employer may establish the number of Utility
Employee positions at any location.
The parties agree that nothing in this Article 3, Section 7 shall alter
the Employer’s ability to engage in layoffs in accordance with the
layoff provisions of the applicable Supplemental Agreement. In the
event a Utility Employee is laid off, the Employer may re-bid that
position in accordance with seniority provisions of the applicable
Supplemental Agreement.
YOU ALL KNOW THIS ARTICLE MUST BE REALLY REVIEWED AND DISCUSSED! THIS IS OUR FUTURES!
The parties recognize the need for the Employers to compete effectively
in a changing environment. To this end, there shall be established
a new position on the local cartage seniority list called a
Utility Employee. The intent of the parties’ creation of the Utility
Employee position is to generate additional job opportunities and
enhance employee earnings, by enhancing the Employer’s ability to
compete and grow.
Subject to the approval of the National Utility Employee Review
Committee, the Employer may establish Utility Employee positions at
any facility at its discretion as-needed, and CDL-qualified road or
local cartage employees may bid for Utility Employee positions in
accordance with established terminal bidding procedures. All CDLqualified
drivers with the required endorsements shall have the opportunity
to transfer to the local cartage operation, if necessary, and bid
for open Utility Employee positions with full seniority rights. There
shall be no retreat rights for employees who transfer to the local
cartage operation to bid an open Utility Employee position. For example,
if a road driver bids into the Utility Employee position, he relinquishes
his road seniority for bidding purposes and cannot return to the
road driver classification, unless through a change of operations, or bid
back rights consistent with the applicable Supplement. The Employer
shall be permitted to assign a qualified local cartage employee to a
Utility Employee position on a temporary basis when necessary to
pursue business opportunities that become available, as long as the
temporary assignment is made in seniority order and if senior employees
do not accept the temporary positions, less senior employees are
forced from the bottom of the seniority list. Temporary vacancies in
the Utility Employee position, for things such as sickness, vacations,
leaves of absences, will be filled consistent with practices under the
applicable Supplemental Agreement.
- 21 -
Article 3, Section 5
The Utility Employee shall work across all classifications as
assigned and as necessary to meet business needs, and there shall be
no restrictions on the type of freight or work handled. A Utility
Employee’s duties during a tour of duty may, at his/her home terminal,
include performing Utility-related dock work, P&D (local
cartage) work, hostling/yard work (drop & hooks), and any driving
work. At larger facilities where the Employer utilizes Utility
Employees and there is more than Utility work performed, the
Employer will designate a specific area on the dock where freight to
be handled by Utility Employees will be staged. Non-utility freight
will be staged at a designated area and the employees at the destination
terminal will handle the non-utility freight.
A Utility Employee shall perform all local cartage functions at his
home terminal. Notwithstanding anything in this Agreement or any
Supplemental Agreement to the contrary, Utility Employees also
may be required to work across Local Union jurisdictional lines. It
is not the intent to use Utility Employees to perform local peddle
runs or P&D work outside their Local Union’s jurisdiction. At away
terminals, a Utility Employee may perform Utility-related dock
work, hostling and drop and hooks on his/her own equipment. A
Utility Employee shall fuel his/her own equipment at away terminals,
if there are no fuelers available. All Utility Employees shall be
returned to his home domicile at the end of his shift, absent bona
fide extenuating circumstances, in which case they shall be paid on
all hours.
The Employer shall pay each Utility Employee an hourly premium
of $ 1.00 per hour over the highest rate the Employer pays to local
cartage drivers under the Supplemental Agreement covering the
Utility Employee’s home domicile. Employees in progression who
bid into Utility Employee positions or individuals the Employer
hires into Utility Employee positions shall complete the progression
for local cartage drivers outlined in the applicable Supplemental
Agreement. A Utility Employee in progression shall receive the
hourly premium in addition to the Utility Employee’s progression
rate.
A Utility Employee’s work week shall consist of any four (4) ten-
- 22 -
Article 3, Section 7
hour or five (5) eight-hour consecutive days starting Sunday,
Monday, or Tuesday, subject to a forty (40) hour guarantee during
that period. With four (4) ten-hour days, the Utility Employee shall
have three (3) consecutive days off and with five (5) eight-hour days
the Utility Employee shall have two (2) consecutive days off. The
Employer may establish multiple start times bid by Utility
Employees and may slide such start times on a daily basis by either
thirty (30) minutes before or thirty (30) minutes after the bid start
times.
The parties recognize that most, if not all locations will have Utility
Employees regardless of facility size, geographic and/or service
area. Subject to the approval of the National Utility Employee
Review Committee or the Committee Chairman or their designees,
the Employer may establish and modify Utility Employee positions
and bids without the approval of a change of operations or other
Union approval. All bids shall be offered in seniority order, and, if
senior employees do not bid open positions, less senior employees
shall be forced from the bottom of the seniority list.
In the event the Employer’s proposed use of a Utility Employee
position causes a transfer, change or modification of any driver’s
present terminal, breaking point or domicile, the proposed change
shall be submitted to a National Utility Employee Review
Committee comprised of three representatives designated by the
President of TMI and three representatives designated by the
Chairman of TNFINC. The President of TMI or his designee and
the Chairman of TNFINC or his designee shall be the TMI and the
TNFINC Chairmen of the National Utility Employee Review
Committee. The National Utility Employee Review Committee
shall establish rules of procedure to govern the manner in which
proposed Utility Employee operational changes are to be heard.
The National Utility Employee Review Committee shall have the
authority to determine the seniority application of employees affected
by the operational change and such determination shall be final
and binding. No proposed operational change will be approved
which violates this Agreement. In the event the National Utility
Employee Review Committee is unable to resolve a matter, the case
- 23 -
Article 3, Section 7
shall be submitted to the National Review Committee on an expedited
basis. Neither the Union nor the Employer shall unreasonably
delay the scheduling or completion of any requested meeting, or the
submission of any dispute to the National Review Committee. In no
event shall a Utility Employee operational change hearing be held
more than fifteen (15) business days after the Employer meets with
the affected Local Unions to discuss the written operational change
proposal.
Any grievance concerning the application or interpretation of
Article 3, Section 7 shall be first referred to the National Utility
Employee Review Committee for resolution. If the National Utility
Employee Review Committee is unable to reach a decision on an
interpretation or grievance, the issue will be referred to the National
Grievance Committee. The National Utility Employee Review
Committee shall have jurisdiction over alleged violations of seniority
rights in the bidding of the Utility Employee positions, issues
regarding the utilization of the Utility Employee position consistent
with this Section, and issues regarding the seniority rights of
employees bidding into the Utility Employee position.
Subject to the approval of the National Utility Employee Review
Committee, the Employer may establish the number of Utility
Employee positions at any location.
The parties agree that nothing in this Article 3, Section 7 shall alter
the Employer’s ability to engage in layoffs in accordance with the
layoff provisions of the applicable Supplemental Agreement. In the
event a Utility Employee is laid off, the Employer may re-bid that
position in accordance with seniority provisions of the applicable
Supplemental Agreement.
YOU ALL KNOW THIS ARTICLE MUST BE REALLY REVIEWED AND DISCUSSED! THIS IS OUR FUTURES!
ARTICLE 4. STEWARDS
The Employer shall give one (1) job steward, during his regular
working hours or if outside his regular working hours his/her designated
alternate, an opportunity to participate in the Employer’s orientation
of new employees, or the right to meet with new employees
during their workday to inform them of the benefits of Union
representation without loss of time or pay.
- 24 -
Article 3, Section 7
The Employer shall have the sole right to schedule the time and
place for such participation so as not to interfere with the
Employer’s operation.
The Employer recognizes the right of the Local Union to designate
job stewards and alternates from the Employer’s seniority list. The
authority of job stewards and alternates so designated by the Local
Union shall be limited to, and shall not exceed, the following duties
and activities:
(a) The investigation and presentation of grievances with his/her
Employer or the designated company representative in accordance
with the provisions of the collective bargaining agreement;
(b) The collection of dues when authorized by appropriate Local
Union action;
(c) The transmission of such messages and information, which shall
originate with and are authorized by the Local Union or its officers,
provided such message and information;
(1) have been reduced to writing; or,
(2) if not reduced to writing, are of a routine nature and do not
involve work stoppages, slowdowns, refusal to handle goods, or any
other interference with the Employer’s business.
Unless waived in writing, there shall be a steward or available bargaining
unit member of the employee’s choice present whenever the
Employer meets with the employee about grievances or discipline or
to conduct investigatory interviews. If a steward is unavailable, the
employee may designate a bargaining unit member who is available at
the terminal at the time of the meeting to represent him/her. Meetings
or interviews shall not begin until the steward or designated bargaining
unit member is present. An employee who does not want a Union
steward or available bargaining unit member present at any meeting or
interview where the employee has a right to Union representation must
waive Union representation in writing. If the Union requests a copy of
the waiver, the Employer shall promptly furnish it.
- 25 -
Article 4
Job stewards and alternates have no authority to take strike action,
or any other action interrupting the Employer’s business, except as
authorized by official action of the Local Union. The Employer recognizes
these limitations upon the authority of job stewards and
their alternates, and shall not hold the Local Union liable for any
unauthorized acts. The Employer in so recognizing such limitations
shall have the authority to impose proper discipline, including discharge,
in the event the job steward or his/her designated alternate
has taken unauthorized strike action, slowdown or work stoppage in
violation of this Agreement.
The job steward, or his/her designated alternate, shall be permitted
reasonable time to investigate, present and process grievances on
the company property without loss of time or pay during his/her
regular working hours without interruption of the Employer’s operation
by calling group meetings; and where mutually agreed to by
the Local Union and the Employer, off the property or other than
during his/her regular schedule without loss of time or pay. Such
time spent in handling grievances during the job steward’s or his/her
designated alternate’s regular working hours shall be considered
working hours in computing daily and/or weekly overtime if within
the regular schedule of the “job steward.”
The job steward, or his/her designated alternate, shall be permitted
reasonable time off without pay to attend Union meetings called by
the Local Union. The Employer shall be given twenty-four (24)
hours’ prior notice by the Local Union.
The Employer shall give one (1) job steward, during his regular
working hours or if outside his regular working hours his/her designated
alternate, an opportunity to participate in the Employer’s orientation
of new employees, or the right to meet with new employees
during their workday to inform them of the benefits of Union
representation without loss of time or pay.
- 24 -
Article 3, Section 7
The Employer shall have the sole right to schedule the time and
place for such participation so as not to interfere with the
Employer’s operation.
The Employer recognizes the right of the Local Union to designate
job stewards and alternates from the Employer’s seniority list. The
authority of job stewards and alternates so designated by the Local
Union shall be limited to, and shall not exceed, the following duties
and activities:
(a) The investigation and presentation of grievances with his/her
Employer or the designated company representative in accordance
with the provisions of the collective bargaining agreement;
(b) The collection of dues when authorized by appropriate Local
Union action;
(c) The transmission of such messages and information, which shall
originate with and are authorized by the Local Union or its officers,
provided such message and information;
(1) have been reduced to writing; or,
(2) if not reduced to writing, are of a routine nature and do not
involve work stoppages, slowdowns, refusal to handle goods, or any
other interference with the Employer’s business.
Unless waived in writing, there shall be a steward or available bargaining
unit member of the employee’s choice present whenever the
Employer meets with the employee about grievances or discipline or
to conduct investigatory interviews. If a steward is unavailable, the
employee may designate a bargaining unit member who is available at
the terminal at the time of the meeting to represent him/her. Meetings
or interviews shall not begin until the steward or designated bargaining
unit member is present. An employee who does not want a Union
steward or available bargaining unit member present at any meeting or
interview where the employee has a right to Union representation must
waive Union representation in writing. If the Union requests a copy of
the waiver, the Employer shall promptly furnish it.
- 25 -
Article 4
Job stewards and alternates have no authority to take strike action,
or any other action interrupting the Employer’s business, except as
authorized by official action of the Local Union. The Employer recognizes
these limitations upon the authority of job stewards and
their alternates, and shall not hold the Local Union liable for any
unauthorized acts. The Employer in so recognizing such limitations
shall have the authority to impose proper discipline, including discharge,
in the event the job steward or his/her designated alternate
has taken unauthorized strike action, slowdown or work stoppage in
violation of this Agreement.
The job steward, or his/her designated alternate, shall be permitted
reasonable time to investigate, present and process grievances on
the company property without loss of time or pay during his/her
regular working hours without interruption of the Employer’s operation
by calling group meetings; and where mutually agreed to by
the Local Union and the Employer, off the property or other than
during his/her regular schedule without loss of time or pay. Such
time spent in handling grievances during the job steward’s or his/her
designated alternate’s regular working hours shall be considered
working hours in computing daily and/or weekly overtime if within
the regular schedule of the “job steward.”
The job steward, or his/her designated alternate, shall be permitted
reasonable time off without pay to attend Union meetings called by
the Local Union. The Employer shall be given twenty-four (24)
hours’ prior notice by the Local Union.
ARTICLE 5.
Section 1. Seniority Rights
(a) The application of seniority which has been accrued herein shall
be established in the Supplemental Agreements.
(b) Seniority shall be broken only by discharge, voluntary quit,
retirement, or more than a five (5) - year layoff.
(c) This Section shall apply to all Supplemental Agreements.
WE must really protect ourselves when dealing with this Article. WE NEED DEFINED LANGUAGE ON THIS MATTER!
Section 1. Seniority Rights
(a) The application of seniority which has been accrued herein shall
be established in the Supplemental Agreements.
(b) Seniority shall be broken only by discharge, voluntary quit,
retirement, or more than a five (5) - year layoff.
(c) This Section shall apply to all Supplemental Agreements.
WE must really protect ourselves when dealing with this Article. WE NEED DEFINED LANGUAGE ON THIS MATTER!
Thank you Muler for putting this up!!! This is what we needed to be more informed. I am hope-full that that we will get the chance to review everything before it will be finalized.
Yes, thank you Muler for taking the time to post these articles.
6) Any casual employee who declines regular employment shall be terminated without recourse and will not be used by the Employer
for any further work.
I am a casual in a smaller market with a 3 man city board w/ 1 night UE run. I also have a full time EMS job which means I have plenty of time to help out when these drivers take vacation. It works out great for all parties involved. In most cases casuals in smaller markets need "all or nothing" hours which makes it difficult for the company to keep casuals around. Guys with agricultural jobs or fire department schedules work out pretty well for this type of fill in work, and in most cases have no intention on leaving their full time gigs. I guess what I am asking is, is this article enforced, or is there a possibility of changing the wording to make it easier to keep casuals that have full time but flexible hours at another employer?
for any further work.
I am a casual in a smaller market with a 3 man city board w/ 1 night UE run. I also have a full time EMS job which means I have plenty of time to help out when these drivers take vacation. It works out great for all parties involved. In most cases casuals in smaller markets need "all or nothing" hours which makes it difficult for the company to keep casuals around. Guys with agricultural jobs or fire department schedules work out pretty well for this type of fill in work, and in most cases have no intention on leaving their full time gigs. I guess what I am asking is, is this article enforced, or is there a possibility of changing the wording to make it easier to keep casuals that have full time but flexible hours at another employer?
It would be easy to change. But all the TM has to do is never ask you to go full time. YOUR BROTHER ALWAYS!