Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: UE lay-off

  1. #1
    Getting In The Groove Now.

    Join Date
    Nov 2008
    Local Union
    493
    Employer
    ABF
    Location
    Rhode Island, USA
    Posts
    221
    Rep Power
    133

    Default UE lay-off

    Have any of you at ABF had to deal with a day to day lay off of the UE position like they always do with a regular bid? I'm on the UE bid and from what my steward told me this morning our brilliant TM has been on the phone with Mike Scalzo (industrial relations) and was told that there is language in the contract to do that if they want to. WTF?

  2. #2
    Gone for good

    Join Date
    Feb 2008
    Local Union
    710
    Employer
    ABF
    Posts
    149
    Rep Power
    153

    Default Re: UE lay-off

    Here is the actual language in the 2008-2013 agreement.

    Mike Scalzo is a Senior Industrial Relations Director from the east. I have met him on a couple of occasions. He is a pretty reasonable guy. He is the guy that represented the company at the PSE COO in Chicago a couple of years ago, as well as one of the engineers who crafted the program.

    You also have in place a COO and I do not have the UE language for that. However, I think this should answer your question.

    The most important part you need is in quotes.

    (note to moderator, if you need to edit, feel free)



    Article 3 Sec., 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 CDL-qualified 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.
    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 (10) hour or five (5) eight (8) hour consecutive days starting Sunday, Monday, or Tuesday, subject to a forty (40) hour guarantee during that period. With four (4) ten (10) hour days, the Utility Employee shall have three (3) consecutive days off and with five (5) eight (8) 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 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 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

  3. #3
    Getting In The Groove Now.

    Join Date
    Nov 2008
    Local Union
    493
    Employer
    ABF
    Location
    Rhode Island, USA
    Posts
    221
    Rep Power
    133

    Default Re: UE lay-off

    Hey Mikey,
    Thanks for your response. I've read the same article over and over, and it says its a 40 hour guarantee. The quote in my opinion reads that the UE won't affect their layoff of the regular bids that they always layoff. It doesn't say in my opinion that the UE bid can be layed off day to day like all other bids. I don't think they have a leg to stand on if they try it. Is this something that YRC agreed to in this concession language? And ABF got wind of it? I say we fight it on "past practice".

  4. #4
    I Am Rocking Now

    Join Date
    Feb 2008
    Local Union
    407
    Employer
    ABF
    Posts
    3,142
    Rep Power
    816

    Default Re: UE lay-off

    I attended the same coo as Mickey and that article he just posted was what our agreement was also. It is plain that a UE position is a forty hour a week guarantee. But you better check with your BA they may have made a side agreement you don't know about. If you are from the east you are still under the first and only coo you guys had a few years ago. If I;m not mistaken ABF still pays mileage for the runs that were mileage prior top the 2008 contract. If you can't get a reasonable answer the NLRB can hear a unfair labor practice. YOUR BROTHER ALWAYS.

  5. #5
    Dragon Master

    Join Date
    Mar 2008
    Local Union
    776/771
    Employer
    Yellow Freight
    Location
    Middletown,Pennsylvania
    Posts
    2,915
    Rep Power
    313

    Default Re: UE lay-off

    And to think They just had to have the UE in the last contract. Seems to me they made a big deal about UE and now all of a sudden its not a big deal anymore... Whats next ?

  6. #6
    I Am Rocking Now

    Join Date
    Nov 2007
    Employer
    Holland
    Location
    USA
    Posts
    2,449
    Rep Power
    383

    Default Re: UE lay-off

    Quote Originally Posted by Dirtball View Post
    And to think They just had to have the UE in the last contract. Seems to me they made a big deal about UE and now all of a sudden its not a big deal anymore... Whats next ?
    That's the beauty of it. Round and round we go, where it stops nobody knows.

    I didn't realize ABF was utilizing Utility Employees yet, I thought they were still using the PSE's instead...

  7. #7
    I Am Rocking Now

    Join Date
    Feb 2008
    Local Union
    407
    Employer
    ABF
    Posts
    3,142
    Rep Power
    816

    Default Re: UE lay-off

    No we are now UE operational. But ABF agreed to keep paying mileage if it was a mileage run as a PSE run.

  8. #8
    Getting In The Groove Now.

    Join Date
    Nov 2008
    Local Union
    493
    Employer
    ABF
    Location
    Rhode Island, USA
    Posts
    221
    Rep Power
    133

    Default Re: UE lay-off

    Get ready for the day to day lay off of the UE bids. No more guarantee. Ya just gotta love the IBT leadership letting the company say two different things in the contract about UE jobs. In one paragraph its a 40 hour guarantee, a few paragraphs later its "will not affect the company's ability to lay off." Beauty.

  9. #9
    Fish Hard Die Happy

    Join Date
    Dec 2007
    Local Union
    707
    Employer
    Roadway
    Location
    NY
    Posts
    1,557
    Rep Power
    284

    Default Re: UE lay-off

    Quote Originally Posted by Yankee View Post
    Get ready for the day to day lay off of the UE bids. No more guarantee. Ya just gotta love the IBT leadership letting the company say two different things in the contract about UE jobs. In one paragraph its a 40 hour guarantee, a few paragraphs later its "will not affect the company's ability to lay off." Beauty.
    As far as any contract language I have seen in my area (NY/NJ Supplement), all bids are guaranteed work. If any day to day layoffs are to occur, it has to come from the shape list. If they need to lay off, they can notify the union of the need to rebid the jobs, whereby all bids will be canceled and rebid.

  10. #10
    Gone for good

    Join Date
    Feb 2008
    Local Union
    710
    Employer
    ABF
    Posts
    149
    Rep Power
    153

    Default Re: UE lay-off

    There still is a 40 hour guarantee.

    A Utility Employee’s work week shall consist of any four (4) ten (10) hour or five (5) eight (8) hour consecutive days starting Sunday, Monday, or Tuesday, subject to a forty (40) hour guarantee during that period.

 

 
Page 1 of 2 12 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343