Yellow | Teamsters win in court

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O'BRIEN AND MURPHY HAD NO CHOICE BUT TO ENFORCE ALL OF THESE AGREEMENTS, OR THEY BOTH WOULD HAVE BEEN BROUGHT UP ON CHARGES UNDER THE IBT CONSTITUTION. HAWKINS AND HIS HENCHMEN WANTED TO TRASH ALL THESE AGREEMENTS THAT HAD BEEN IN EFFECT FOR DECADES! THAT'S NOT HOW IT WORKS! I HOPE HAWKINS, HARRIS, AND THE REST OF THE YELLOW EXECS HANG THEIR HEADS IN SHAME AFTER WHAT THEY DID TO THESE TRUCKING COMPANIES!


:chairshot:
 
The court dismissed it on procedural grounds, not factual. Don't order the caviar yet for your celebration party. :hysterical: :hilarious:
That's right Triplex! As long as these vultures (law firms) smell any $$$ left on the Yellow carcass, they will continue to go after it!

picnic vulture GIF

:hissyfit:
 
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The court dismissed it on procedural grounds, not factual. Don't order the caviar yet for your celebration party. :hysterical: :hilarious:

NOT COURT PROCEDURAL!!!!!!!!!!



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At this point, it’s impossible to have the grievance process, their nothing to grieve.

I guess it depends on where we’re standing, from my viewpoint I see the number 9, but from where your standing you may see the number six.

This may make you feel better, I once lost a grievance because i wrote the wrong date on it, but luckily, I refilled it before the time expired, and won.

Can you share with me which procedural grounds your are referring to. I can’t seem to find it.
 
NOT COURT PROCEDURAL!!!!!!!!!!



IMG_7582.md.jpeg
At this point, it’s impossible to have the grievance process, their nothing to grieve.

I guess it depends on where we’re standing, from my viewpoint I see the number 9, but from where your standing you may see the number six.

This may make you feel better, I once lost a grievance because i wrote the wrong date on it, but luckily, I refilled it before the time expired, and won.

Can you share with me which procedural grounds your are referring to. I can’t seem to find it.
You just quoted it yourself in your post, it's what the judge said. Maybe you should call the judge and tell her she's wrong, there's nothing to grieve. :idunno:
 
You just quoted it yourself in your post, it's what the judge said. Maybe you should call the judge and tell her she's wrong, there's nothing to grieve. :idunno:
How does Yellow even grieve such a thing now? Do you think that they are going to follow the grievance process in the NMFA and ask for 137 million? First thing I can think of is it wouldn't be timely.... I think this part of their problem is done. I don't see how the bankruptcy process allows them to keep spending money to fight this....I could be wrong on all this as I'm not a lawyer, just my opinion...
 
How does Yellow even grieve such a thing now? Do you think that they are going to follow the grievance process in the NMFA and ask for 137 million? First thing I can think of is it wouldn't be timely.... I think this part of their problem is done. I don't see how the bankruptcy process allows them to keep spending money to fight this....I could be wrong on all this as I'm not a lawyer, just my opinion...
I don't believe it's about going back to exhaust the grievance process, but rather being able to give enough evidence to prove that the grievance process has been exhausted. The court appointed US Trustee is a disinterested party. One of their duties is to pursue all civil matters where they believe one exists. They are obligated to protect the interest of the creditors. IF they believe there's something there, they can choose to bring it back to court IF the case was dismissed without prejudice.
 
I don't believe it's about going back to exhaust the grievance process, but rather being able to give enough evidence to prove that the grievance process has been exhausted. The court appointed US Trustee is a disinterested party. One of their duties is to pursue all civil matters where they believe one exists. They are obligated to protect the interest of the creditors. IF they believe there's something there, they can choose to bring it back to court IF the case was dismissed without prejudice.
Thanks for the reply, it will be interesting on how this plays out...
 
Thanks for the reply, it will be interesting on how this plays out...
Just my opinion.

Even if the case is brought to the courts again and the courts rule in favor of YRC, I don't know how they assign a dollar amount to the damages as anybody that can look at this objectively can see there were numerous contributing factors to the failure.

The courts might say, "sure the IBT expedited the failure of YRC by not bargaining in good faith", by delaying conversations farther than YRC had the cash to survive. A team of forensic accountants come in and say, negotiating immediately may have bought YRC another 3 months. What are the damages to YRC? $137M is 5x the profit YRC made in 2022. How do you justify that? If they are looking at employees' lost wages and benefits, YRC isn't the victim of that, the employees are. The employees aren't suing the IBT. Now, if YRC is found to be in violation of the WARN Act, then yes YRC is the victim...

It's going to be interesting.
 
Just my opinion.

Even if the case is brought to the courts again and the courts rule in favor of YRC, I don't know how they assign a dollar amount to the damages as anybody that can look at this objectively can see there were numerous contributing factors to the failure.

The courts might say, "sure the IBT expedited the failure of YRC by not bargaining in good faith", by delaying conversations farther than YRC had the cash to survive. A team of forensic accountants come in and say, negotiating immediately may have bought YRC another 3 months. What are the damages to YRC? $137M is 5x the profit YRC made in 2022. How do you justify that? If they are looking at employees' lost wages and benefits, YRC isn't the victim of that, the employees are. The employees aren't suing the IBT. Now, if YRC is found to be in violation of the WARN Act, then yes YRC is the victim...

It's going to be interesting.
In your last sentence/statement (warn act violation ) who is YRC a victim to, themselves?
 
Yellow-Contracts-Pg.-1.md.jpeg

Yellow-Contract-pg.-2.md.jpeg
O'BRIEN AND MURPHY HAD NO CHOICE BUT TO ENFORCE ALL OF THESE AGREEMENTS, OR THEY BOTH WOULD HAVE BEEN BROUGHT UP ON CHARGES UNDER THE IBT CONSTITUTION. HAWKINS AND HIS HENCHMEN WANTED TO TRASH ALL THESE AGREEMENTS THAT HAD BEEN IN EFFECT FOR DECADES! THAT'S NOT HOW IT WORKS! I HOPE HAWKINS, HARRIS, AND THE REST OF THE YELLOW EXECS HANG THEIR HEADS IN SHAME AFTER WHAT THEY DID TO THESE TRUCKING COMPANIES!


:chairshot:

I believe you are correct but when a company is in as bad of a financial position as Yellow everyone should have pulled out every potential solution....
Or just let it go as SOB did...
 
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