ABF | We must view and discuss every Article. ABF TEAMSTERS ONLY!

[Muler]

We the ABF Teamsters must have a plan and stick to it. If not we will likely do more harm than good to ourselves. Below is Article #1.


ARTICLE 1. PARTIES TO THE AGREEMENT
Section 1. Employers Covered
The Employer consists of Associations, members of Associations
who have given authorization to the Associations to represent them
in the negotiation and/or execution of this Agreement and
Supplemental Agreements, and individual Employers who become
signator to this Agreement and Supplemental Agreements as hereinafter
set forth. The signator Associations enter into this
Agreement and Supplemental Agreements as hereinafter set forth.
The signator Associations represent that they are duly authorized to
enter into this Agreement and Supplemental Agreements on behalf
of their members under and as limited by their authorizations as
submitted prior to negotiations.

As you all can see we can notify the IBT prior to the talks and demand that they only negotiate the things that we want negotiated. This is a must on our parts.

 

[Muler]

Article 1, Section 2
Section 2. Unions Covered
The Union consists of any Local Union which may become a party
to this Agreement and any Supplemental Agreement as hereinafter
set forth. Such Local Unions are hereinafter designated as “Local
Union.” In addition to such Local Unions, the Teamsters National
Freight Industry Negotiating Committee representing Local Unions
affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the “National Union Committee,” is also a
party to this Agreement and the agreements supplemental hereto.

As you can see we can even break the contract into locals WE DO HAVE A SAY SO!

 

[Muler]

Section 3. Transfer of Company Title or Interest
The Employer’s obligations under this Agreement including
Supplements shall be binding upon its successors, administrators,
executors and assigns. The Employer agrees that the obligations of
this Agreement shall be included in the agreement of sale, transfer
or assignment of the business. In the event an entire active or inactive
operation, or a portion thereof, or rights only, are sold, leased,
transferred or taken over by sale, transfer, lease, assignment,
receivership or bankruptcy proceedings, such operation or use of
rights shall continue to be subject to the terms and conditions of this
Agreement for the life thereof. Transactions covered by this provision
include stock sales or exchanges, mergers, consolidations,
spin-offs or any other method by which a business is transferred.
It is understood by this Section that the signator Employer shall not
sell, lease or transfer such run or runs or rights to a third party to
evade this Agreement. In the event the Employer fails to require the
purchaser, transferee, or lessee to assume the obligations of this
Agreement, as set forth above, the Employer (including partners
thereof) shall be liable to the Local Union(s) and to the employees
covered for all damages sustained as a result of such failure to
require the assumption of the terms of this Agreement until its expiration
date, but shall not be liable after the purchaser, the transferee
or lessee has agreed to assume the obligations of this Agreement.
The obligations set forth above shall not apply in the event of the
sale, lease or transfer of a portion of the rights comprising less than
all of the signator Employer’s rights to a non-signator company
unless the purpose is to evade this Agreement. Corporate reorganizations
by a signatory Employer, occurring during the term of this
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As you can see by the yellow highlighted area yrc Teamsters were not afforded their rights under this agreement. So let's close this loop hole after all it will cost ABF nothing. We must demand that if any part of the company is sold transferred we will be protected under this Article. WE must DEMAND THAT any change in ownership or TRANSFER requires the BUYER TO UPHOLD OUR CONTRACT!

 

[Muler]

Article 1, Section 2
Agreement, shall not relieve the signatory Employer or the reorganized
Employer of the obligations of this Agreement during its
term.
When a signator to this Agreement purchases rights from another
signator, the provisions of Article 5 shall apply. The applicable layoff
provisions of this Agreement shall apply.
The Employer shall give notice of the existence of this Agreement
to any purchaser, transferee, lessee, assignee, or other entity
involved in the sale, merger, consolidation, acquisition, transfer,
spin-off, lease or other transaction by which the operation covered
by this Agreement or any part thereof, including rights only, may be
transferred. Such notice shall be in writing, with a copy to the Local
Union, at the time the seller, transferor or lessor makes the purchase
and sale negotiation known to the public or executes a contract or
transaction as herein described, whichever first occurs. The Local
Union shall also be advised of the exact nature of the transaction,
not including financial details.
The term rights shall include routes and runs.
ARTICLE 2. SCOPE OF AGREEMENT
Section 1. Master Agreement
The execution of this National Master Freight Agreement on the
part of the Employer shall apply to all operations of the Employer
which are covered by this Agreement and shall have application to
the work performed within the classifications defined and set forth
in the Agreements supplemental hereto.
Section 2. Supplements to Master Agreement
(a) There are several segments of the trucking industry covered by
this Agreement and for this reason Supplemental Agreements are
provided for each of the specific types of work performed by the
various classifications of employees controlled by this Master
Agreement.

In the Blue area it should also include Equipment because after all we are the CUBE movers on record and we should protect this work.

 

[Muler]

ARTICLE 2. SCOPE OF AGREEMENT
Section 1. Master Agreement
The execution of this National Master Freight Agreement on the
part of the Employer shall apply to all operations of the Employer
which are covered by this Agreement and shall have application to
the work performed within the classifications defined and set forth
in the Agreements supplemental hereto.

It is critical that we make sure ALL WORK IS LISTED in the AGREEMENT!

 

[Muler]

Section 2. Supplements to Master Agreement
(a) There are several segments of the trucking industry covered by
this Agreement and for this reason Supplemental Agreements are
provided for each of the specific types of work performed by the
various classifications of employees controlled by this Master
Agreement.

In other words you must pay close attention to the SUPPLEMENTS ALSO!

 

[Muler]

Article 2, Section 2
All such Supplemental Agreements are subject to and controlled by
the terms of this Master Agreement and are sometimes referred to
herein as “Supplemental Agreements.”
All such Supplemental Agreements are to be clearly limited to the
specific classifications of work as enumerated or described in each
individual Supplement.
In all cases involving the transfer of work and/or the merger of operations
subject to the provisions of Article 8, Section 6 or Article 5,
Section 2, where more than one Supplemental Agreement is
involved and one or more of them contains provisions contrary to
those set forth in Article 8, Section 6 or Article 5, Sections 2, the
applicable terms and conditions of the NMFA shall supersede those
of the contrary Supplemental Agreements, including the resolution
of any seniority related grievances that may arise following
approval of the involved transfer of work and/or merger of operations.
(b) The parties shall establish four (4) Regional Area Iron and Steel
and/or Truckload Supplements to the National Master Freight
Agreement.
The Employer and the Local Union, parties to this Agreement, may
enter into an agreement whereby road drivers working under an
Over-The-Road Supplemental Agreement have the opportunity to
perform work covered by and subject to the above Regional Area
Supplements, under conditions agreed upon. Such Supplement shall
be submitted to the appropriate Regional Joint Area Committee.
(c) The jurisdiction covered by the National Master Freight
Agreement and its various Supplements thereto includes, without
limitation, stuffing, stripping, loading and discharging of cargo or
containers. This does not include loading or discharging of cargo or
containers to or from vessels except in those instances where such
work is presently being performed. Existing practices, rules and
understandings, between the Employer and the Union, with respect
to this work shall continue except to the extent modified by mutual
agreement.

As you can see by the highlighted areas this Article must be closely watched and rewritten. We can't trust in any prior agreements that may POP UP in the future.

 

[Muler]

Article 2, Section 3

Section 3. Non-covered Units
This Agreement shall not be applicable to those operations of the
Employer where the employees are covered by a collective bargaining
agreement with a Union not signatory to this Agreement, or to
those employees who have not designated a signatory Union as their
collective bargaining agent.


This has to to changed in my opinion. It should read that our contract will supersede any other agreement that may exist. If not we will surly lose any battle of contracts that may arise.

 

[Muler]

Card Check
(a) When a majority of the eligible employees performing work covered
by an Agreement designated by the National Negotiating Committee
to be Supplemental to the National Master Freight Agreement
execute a card authorizing a signatory Local Union to represent them
as their collective bargaining agent at the terminal location, then, such
employees shall automatically be covered by this Agreement and the
applicable Supplemental Agreements. If an Employer refuses to recognize
the Union as above set forth and the matter is submitted to the
National Labor Relations Board or any mutually agreed upon process
for determination and such determination results in certification or
recognition of the Union, all benefits of this Agreement and applicable
Supplements shall be retroactive to the date of demand for recognition.
In such cases the parties may by mutual agreement negotiate wages and
conditions, subject to Regional Joint Area Committee approval.
The parties agree that a constructive bargaining relationship is
essential to efficient operations and sound employee relations. The
parties recognize that organizational campaigns occur in bargaining
relationships and that both parties are free to accurately state their
respective positions concerning the organization of certain groups
of employees. However, the parties also recognize that campaigns
must be waged on the facts only. Accordingly, the parties will not
engage in any personal attacks against Union or Company representatives
or attacks against the Union or Company as an institution
during the course of any such campaign.

This Article may not seem important but it could come down to a vote someday on whether or not some sectors of ABF stays union or not. I would not want to risk it.

 

[Muler]

Additions to Operations: Over-The-Road and Local
Cartage Supplemental Agreements
(b) Notwithstanding the foregoing paragraph, the provisions of the
National Master Freight Agreement and the applicable Over-the-
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Article 2, Section 3
Road and Local Cartage Supplemental Agreements shall be applied
without evidence of union representation of the employees
involved, to all subsequent additions to, and extensions of, current
operations which adjoin and are controlled and utilized as a part of
such current operation, and newly established terminals and consolidations
of terminals which are controlled and utilized as a part of
such current operation.
If an Employer refuses to recognize the Union as above set forth and
the matter is submitted to the National Labor Relations Board or
any mutually agreed-upon process for determination, and such
determination results in certification or recognition of the Union, all
benefits of this Agreement and applicable Supplements shall be
retroactive to the date of demand for recognition.
The provisions of Article 32 - Subcontracting, shall apply to this
paragraph. Extensions or additions to current operations, etc., which
adjoin and are controlled and utilized as part of such current operation
shall be subject to the jurisdiction of the appropriate Change of
Operations Committee for the purpose of determining whether the
provisions of Article 8, Section 6 - Change of Operations, apply
and, if so, to what extent.

Notwithstanding Definition:
In spite of, even if, without regard to or impediment by other things.

WE need to address this Article to make sure that NO COMMITTEE can take away our rights to do OUR WORK!

 

[Muler]

Section 4. Single Bargaining Unit
The employees, Unions, Employers and Associations covered under
this Master Agreement and the various Supplements thereto shall
constitute one (1) bargaining unit and contract. It is understood that
the printing of this Master Agreement and the aforesaid
Supplements in separate Agreements is for convenience only and is
not intended to create separate bargaining units.
This National Master Freight Agreement applies to city and road
operations, and other classifications of employment authorized by
the signatory Employers to be represented by Employer Associations
or Employers, where applicable, participating in national collective
bargaining. The common problems and interest, with
respect to basic terms and conditions of employment, have resulted
in the creation of the National Master Freight Agreement and the
respective Supplemental Agreements. Accordingly, the Associa-
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Article 2, Section 3
tions and Employers, parties to this Agreement, acknowledge that
they constitute a single national multi-employer collective bargaining
unit, composed of the Associations named hereinafter and those
Employers authorizing such associations to represent them for the
purpose of collective bargaining, and solely to the extent of such
authorization, and such other individual employers which have, or
may, become parties to this Agreement.

The highlighted area above will need to be changed to reflect one employer(ABF-ABC) for our protection.

 

[Muler]

Section 5. Riders
Upon the effective date of this Agreement, all existing or previously
adopted Riders which provide less than the wages, hours, and
working conditions specifically established by this Agreement and
Supplemental Agreements shall become null and void. Thereafter,
the specific provisions of this Agreement and applicable
Supplemental Agreements shall apply without being subject to variance
by Riders. This Section shall not be applied or interpreted to
eliminate operational, dispatch, or working rules not specifically set
forth in this Agreement and Supplemental Agreements.

Pay close ATTENTION to this Article. It is fore warning us that OUR NEW AGREEMENT WILL SUPERSEDE ALL OTHERS!

 

[Muler]

ARTICLE 3. RECOGNITION, UNION SHOP
AND CHECKOFF
Section 1. Recognition
(a) The Employer recognizes and acknowledges that the Teamsters
National Freight Industry Negotiating Committee and Local Unions
affiliated with the International Brotherhood of Teamsters are the
exclusive representatives of all employees in the classifications of
work covered by this National Master Freight Agreement, and those
Supplements thereto approved by the Joint National Negotiating
Committees for the purpose of collective bargaining as provided by
the National Labor Relations Act.
Subject to Article 2, Section 3 - Non-covered Units, this provision
shall apply to all present and subsequently acquired over-the-road
and local cartage operations and terminals of the Employer.
This provision shall not apply to wholly-owned and wholly inde-

Article 2, Section 4
pendently operated subsidiaries which are not under contract with
local IBT unions. “Wholly independently operated” means, among
other things, that there shall be no interchange of freight, equipment
or personnel, or common use, in whole or in part, of equipment, terminals,
property, personnel or rights.
Union Shop
(b) All present employees who are members of the Local Union on
the effective date of this subsection or on the date of execution of
this Agreement, whichever is the later, shall remain members of the
Local Union as a condition of employment. Union membership for
purposes of this Agreement, is required only to the extent that
employees must pay either (i) the Union’s initiation fees and periodic
dues or (ii) service fees which in the case of a regular service
fee payer shall be equal to the Union’s initiation fees and periodic
dues, and in the case of an objecting service fee payer shall be the
proportion of the initiation fees and dues corresponding to the portion
of the Union’s total expenditures that support representational
activities. All present employees who are not members of the Local
Union and all employees who are hired hereafter shall become and
remain members of the Local Union as a condition of employment
on and after the thirty-first (31st) calendar day following the beginning
of their employment or on and after the thirty-first (31st) calendar
day following the effective date of this subsection or the date
of this Agreement, whichever is the later. An employee who has
failed to acquire, or thereafter maintain, membership in the Union
as herein provided, shall be terminated seventy-two (72) hours after
his/her Employer has received written notice from an authorized
representative of the Local Union, certifying that membership has
been, and is continuing to be, offered to such employee on the same
basis as all other members and, further, that the employee has had
notice and opportunity to make all dues or initiation fee payments.
This provision shall be made and become effective as of such time
as it may be made and become effective under the provisions of the
National Labor Relations Act, but not retroactively.
For purposes of this Article, “present employees” and “employees
who are hired hereafter” shall include “casual employees” as
defined in Article 3, Section 2 of this Agreement. Such “casual employees” will be required to join the Union prior to their employment
on or after the thirty-first (31st) calendar day following their
first (1st) day of employment for any Employer signatory to this
Agreement.

We need to watch for any changes in this Article.

 

[Muler]

Hiring
(c) When the Employer needs additional employees covered by this
Agreement, it shall give the Local Union equal opportunity with all
other sources to provide suitable applicants, but the Employer shall not
be required to hire those referred by the Local Union. Upon a written
request from the referring Local Union, the Employer shall inform the
Local Union of whether an applicant is being hired or not hired, or
whether no decision has been made. Violations of this subsection shall
be subject to the Grievance Committee. It is recognized that the
Employer legally is not permitted to share with the Local Union information
regarding the reasons for a refusal to hire an applicant.
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. Violations of
this subsection shall be subject to the Grievance Committee.


This Article needs to be rewritten to ensure displaced ABF Teamsters are given first opportunity for jobs before anyone else. And not left to the decision of some committee. And they should not have their benefits interrupted due to their moving to maintain their employment at ABF

 

[Muler]

State Law
(d) No provision of this Article shall apply in any state to the extent
that it may be prohibited by state law. If under applicable state law
additional requirements must be met before any such provisions
may become effective, such additional requirements shall be first
met.

 

[Muler]

Agency Shop
(e) If any agency shop clause is permissible in any state where the
provisions of this Article relating to the Union Shop cannot apply,
the following Agency Clause shall prevail:
(1) Membership in the Local Union is not compulsory. Employees
have the right to join, not join, maintain, or drop their membership
in the Local Union, as they see fit. Neither party shall exert any
pressure on, or discriminate against, an employee as regards such
matters.

 

[Muler]

Article 3, Section 1
(2) Membership in the Local Union is separate, apart and distinct
from the assumption by one of his/her equal obligation to the extent
that he/she receives equal benefits. The Local Union is required
under this Agreement to represent all of the employees in the bargaining
unit fairly and equally without regard to whether or not an
employee is a member of the Local Union. The terms of this
Agreement have been made for all employees in the bargaining unit
and not only for members in the Local Union, and this Agreement
has been executed by the Employer after it has satisfied itself that
the Local Union is the choice of a majority of the employees in the
bargaining unit. Accordingly, it is fair that each employee in the bargaining
unit pays his/her own way and assume his/her fair share of
the obligations along with the grant of equal benefits contained in
this Agreement.
(3) In accordance with the policy set forth under subparagraphs (1)
and (2) of this Section, all employees shall, as a condition of continued
employment, pay to the Local Union, the employee’s exclusive
collective bargaining representative, an amount of money equal
to that paid by other employees in the bargaining unit who are members
of the Local Union, which shall be limited to an amount of
money equal to the Local Union’s regular and usual initiation fees,
and its regular and usual dues. For present employees, such payments
shall commence thirty-one (31) days following the effective
date or on the date of execution of this Agreement, whichever is the
later, and for new employees, the payment shall start thirty-one (31)
days following the date of employment.

 

[Muler]

Savings Clause
(f) If any provision of this Article is invalid under the law of any
state wherein this Agreement is executed, such provision shall be
modified to comply with the requirements of state law or shall be
renegotiated for the purpose of adequate replacement. If such negotiations
shall not result in mutually satisfactory agreement, either
party shall be permitted all legal or economic recourse.

 

[Muler]

Employer Recommendation
(g) In those instances where subsection (b) hereof may not be validly
applied, the Employer agrees to recommend to all employees that
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Article 3, Section 1
they become members of the Local Union and maintain such membership
during the life of this Agreement, to refer new employees to
the Local Union representative, and to recommend to delinquent
members that they pay their dues since they are receiving the benefits
of this Agreement.
Business agents shall be permitted to attend new employee orientations
in right-to-work states. The sole purpose of the business
agent’s attendance is to encourage employees to join the Union.

 

[Muler]

Future Law
(h) To the extent such amendment may become permissible under
applicable federal and state law during the life of this Agreement as
a result of legislative, administrative or judicial determination, all of
the provisions of this Article shall be automatically amended to
embody the greater Union security provisions contained in the
1947-1949 Central States Area Over-The-Road Motor Freight
Agreement, or to apply or become effective in situations not now
permitted by law.

We need to be given the 1947-1949 agreement to see what they are talking about.