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Holland | WARN Act or Duty of Fair Rep Claim

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cercole

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What is going on at Holland?

Some of you may remember that I represented the Red Star drivers when the IBT refused to file a WARN Act lawsuit (probably because they had egg on their face from the strike that triggered the shutdown). Regardless, I am considering pursuing another case against Holland, depending on the facts.
 
I'm reading between the lines here. But, you folks affected by this shutdown, need to keep cercole abreast of what is going on. Sounds like someone that you need in your corner.
 
Holland

Would appreciate any updates as things unfold. I am sorry to say that with all these closings and layoffs nationwide we are fairly busy, but I will gladly review the facts to see if they is any lawsuit here for WARN or duty of fair rep.
 
Its easy to say one thing, we are getting the shaft. The BA was in on friday morning at AL and was walking around clueless like always not pointing us which way to go. He was not even sure if we can get jobs at New Penn or YRC, which I don't want anyway. I want my vacation and personal days. As soon as the union gets a clue maybe these other guys will be helped, but I wouldn't hold my breathe. He said he wasn't sure if he could get the warn act, if your in the position of BA you should know what you can and can't do.
 
I got a letter from holland today as i am sure everybody inyolved did stating my facility will be closing qualifies as a plant closing as defined by the worker adjustment and retraining notification act 29 u.s.c.2101 et seg and the us dept of labor final interpretive rule 20 c.f.r part 639 warn or state law this notice qualfies as your warn notice. for further info contact steve b. vp president human resources hope this helps.
 
cercole said:
What is going on at Holland?

Some of you may remember that I represented the Red Star drivers when the IBT refused to file a WARN Act lawsuit (probably because they had egg on their face from the strike that triggered the shutdown). Regardless, I am considering pursuing another case against Holland, depending on the facts.
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I know you helped us out at Red Star and thank you and all of you who helped out, but if Holland is giving the employees a notice how would the Warn Act come into play?
 
MRettb2001 said:
I know you helped us out at Red Star and thank you and all of you who helped out, but if Holland is giving the employees a notice how would the Warn Act come into play?
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the warn act states that it has to be a 60 day(or30 hell I ain't sure)notice that they are shutting down, not a two week notice like in this case.that previous post just states that Holland sent them a notice that they do qualify for payment under the warn act(another words,the company is going to have to pay those employees something as long as there were 50 or more employees
 
tlc2cann said:
the warn act states that it has to be a 60 day(or30 hell I ain't sure)notice that they are shutting down, not a two week notice like in this case.............
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Just think. if it wasn't for the information getting out you guys would have gotten NO notice NONE AT ALL.
I think that #**##@$ gets me most of all.
 
WARN Act Notice

I haven't seen it, but from articles I've read, YRC is saying that they did not have to give 60 days notice because of "unforseen business circumstances." This is one of the [BS] defenses available to companies to reduce the notice period. However, they still have to give the reduced notice which is why ees got letters.

I am positive the notice does NOT say employees are getting [or are entitled to] 60 days pay and benefits.

Articles say 350 are being laid-off. How many of the barns had at least 50 ees? I saw Philly has 72 and Harrisburg 50. What about the others?

Chuck
 
cercole said:
I haven't seen it, but from articles I've read, YRC is saying that they did not have to give 60 days notice because of "unforseen business circumstances." This is one of the [BS] defenses available to companies to reduce the notice period. However, they still have to give the reduced notice which is why ees got letters.

I am positive the notice does NOT say employees are getting [or are entitled to] 60 days pay and benefits.

Articles say 350 are being laid-off. How many of the barns had at least 50 ees? I saw Philly has 72 and Harrisburg 50. What about the others?

Chuck
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Only heard of 2 terminals that have the 50 members. My letter states nothing about warn. Wilkes Barre only has 40 total employees. I keep hearing other locals claim they are going to try for the warn act at meeting wednesday. Chuck i remember you from Red Star days will get back with you tommorow.:nutkick:
 
MRettb2001 said:
I know you helped us out at Red Star and thank you and all of you who helped out, but if Holland is giving the employees a notice how would the Warn Act come into play?
Click to expand...

See links to WARN ACT information at bottom of this post -- Just trying to pull all info together in one place to make it easier to understand for everyone...

from TDU website: USF Holland Closing Terminals | Teamsters for a Democratic Union

USF Holland Closing Terminals

March 20, 2009: USF Holland is closing terminals and directing freight to YRC and New Penn.

USF Holland announced it is closing terminals in Albany, Allentown, Baltimore, Bedford, Mass., Harrisburg, Philadelphia, Syracuse, Wilkes-Barre, Penn., Richmond, and Wichita.

These locations represent operations that USF Holland absorbed from the former USF Red Star and also the former home terminal for USF Dugan.

The last day of work for most Teamsters at these terminals will be April 3. Teamsters at locations with more than fifty employees will be entitled to pay under the WARN Act which requires qualifying employers to give sixty days notice before closing their doors.

The union can and should bargain to extend WARN Act pay to all affected members.

Many of the Teamsters at the closing terminals lost their jobs in 2004 when the Hoffa administration botched a strike at USF Red Star and the company shut its doors. Eventually, the IBT brokered an agreement to get some Red Star Teamsters put to work at USF Holland. Now, these Teamsters are losing their jobs again.

Holland is encouraging customers to move their shipments to other YRCW carriers: New Penn and YRC. Richmond and Wichita areas will be serviced by YRC and the remaining terminals in the east will be serviced by New Penn and YRC.

Teamsters at USF Holland are awaiting word on what rights they will have to follow the work.

An emergency Change of Operations hearing will be held on March 25 in Philadelphia. The company is requesting that the union waive the 30 day notification requirement before a Change of Operations.

This request gives the Freight Division leverage to bargain accommodations to protect the seniority rights of Teamsters—many of whom are being tossed to the curb by USF for the second time in their careers.

To read the letter from USF Holland requesting a Change of Operations hearing: http://www.tdu.org/files/letterfromUSF.pdf

To read the memo from USF Holland management on the terminal closings: http://www.tdu.org/files/usfhollandclosings.pdf

WARN ACT information: Compliance Assistance By Law - The Worker Adjustment and Retraining Notification Act (WARN)

additional WARN ACT information: Fact Sheet - The Worker Adjustment and Retraining Notification Act

and: Worker Adjustment and Retraining Notification Act - Wikipedia, the free encyclopedia
 
REALGEARJAMMER said:
nice first post MP welcome to the boards.
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Thanks for the welcome and the compliment!


It's not just the terminals that are closing that will be affected... this loss will negatively impact all USF Holland employees - companywide! Freight coming/going to/from the closing terminal areas will no longer be coming to/from your home terminal so this affects city, dock, linehaul, office workers, etc. and their families. Less to pick-up/deliver means less trailers, therefore less drivers - city and road companywide. Less drivers means less union dues which directly affects the stability of the Teamsters' retirement fund.

One more thing I forgot to add which might help a few of the folks who transferred within the last five (5) years into any of the terminals that will be closing:

from the National Master Freight Agreement (NMFA): "Article 8, Section 6 - Closing of Terminals-Elimination of Work states (2)a When a terminal (s) is closed and the work of such terminal (s) is eliminated, an employee who was formerly employed at another terminal shall have the right to return to such former terminal and exercise his/her continuous classification (road or city) seniority, provided he/she has not been away from such former terminal for more than a five (5)-year period."

My suggestion if this happens to pertain to anyone would be to file paperwork (complaint - grievance) IMMEDIATELY requesting return to former terminal as you have 10 calendar days from date of complaint occurring (such as date of notification of current terminal closing) to file any complaint - grievance....

All the best!

Turtle / Raleigh, NC
 
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