ABF NATIONAL MASTER FREIGHT AGREEMENT
For the Period of
April 1, 2018July 1, 2023 through June 30, 20232028
covering:
Operations in, between and over all of the states, territories and possessions of the United States,
and operations into and out of all contiguous territory.
ABF FREIGHT SYSTEM, INC. hereinafter
referred to as the “Employer” or “Company”
or “ABF” and the TEAMSTERS NATIONAL
FREIGHT INDUSTRY NEGOTIATING
COMMITTEE representing Local Unions
affiliated with the INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, and
Local Union No.______ which Local Union is
an affiliate of the INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, agree
to be bound by the terms and conditions of
this Agreement.
ARTICLE 1. PARTIES TO THE
AGREEMENT
NO CHANGE
ARTICLE 2. SCOPE OF
AGREEMENT
NO CHANGE
ARTICLE 3. RECOGNITION,
UNION SHOP AND CHECKOFF
NO CHANGE
ARTICLE 4. STEWARDS
NO CHANGE
ARTICLE 5.
NO CHANGE
ARTICLE 6.
NO CHANGE
ARTICLE 7. LOCAL AND AREA
GRIEVANCE MACHINERY
NO CHANGE
ARTICLE 8. NATIONAL
GRIEVANCE PROCEDURE
Section 1.
NO CHANGE
Section 2.
NO CHANGE
Section 3. Work Stoppages
NO CHANGE
Section 4.
NO CHANGE
Section 5.
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NO CHANGE
Section 6. Change of Operations
NO CHANGE
Section 7.
Any grievance committee or panel, as
constituted under this Agreement, shall have
the jurisdiction and power to decide
grievances which arose under the preceding
agreements and supplements thereto. In
doing so, the committees or panels shall
follow the grievance procedure set forth in the
2008-20132023 – 2028 Agreement, but apply
the contract under which the grievance
arose.
Section 8. Sleeper Cab Operations
NO CHANGE
ARTICLE 9. PROTECTION OF
RIGHTS
NO CHANGE
ARTICLE 10. LOSS OR DAMAGE
NO CHANGE
ARTICLE 11. BONDS AND
INSURANCE
NO CHANGE
ARTICLE 12. UNIFORMS
NO CHANGE
ARTICLE 13. PASSENGERS
NO CHANGE
ARTICLE 14. COMPENSATION
CLAIMS
NO CHANGE
ARTICLE 15. MILITARY CLAUSE
NO CHANGE
ARTICLE 16. EQUIPMENT,
SAFETY AND HEALTH
Preamble
NO CHANGE
Section 1. Safe Equipment
NO CHANGE
Section 2. Dangerous Conditions
Under no circumstances will an employee be
required or assigned o engage in any activity
involving dangerous conditions of work, or
danger to person or property or in violation of
any applicable statute or court order, or in
violation of a government regulation relating
to safety of person or equipment.
The term “dangerous conditions of work”
does not relate to the type of cargo which is
hauled or handled.
If the "ABS" warning indicator is activated
prior to a dispatch at a shop location, the
tractor will be repaired or switched out. If
it occurs "on-route" it shall be remedied at
the next shop location.
Section 3. Accident Reports
NO CHANGE
Section 4. Equipment Reports
NO CHANGE
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Section 5. Qualifications on
Equipment
NO CHANGE
Section 6. Equipment Requirements
(a) All tractors must be equipped as
necessary to allow the driver to safely enter
and exit the cab, and hook and unhook the air
hoses. All equipment used as city peddle
trucks, and equipment regularly assigned to
peddle runs, must have steps or other similar
device to enable drivers to get in and out of
the body. All twin trailers used in LTL pick-up
and delivery operation with roll up doors
purchased after April 1, 1985 shall be
equipped with a hand hold and a DOT
bumper which may serve as a step.
All equipment purchased, ordered, and/or
introduced to the Pickup and Delivery
operations after April 1, 2003 will be
equipped with air-conditioning and will be
maintained in proper operating condition
throughout the year. The Company will not
exceed two weeks in making necessary air
conditioning repairs during this period. It shall
not be a violation of this section to operate
any unit while waiting for repairs.
(b) The Employer shall install heaters and
defrosters on all trucks and tractors.
(c) There shall be first-line tires on the
steering axle of all road and local pick-up and
delivery power units.
(d) All road equipment regularly assigned to
the fleet shall be equipped with an air-ride
seat on the driver’s side. Such equipment
shall be maintained in reasonable operating
condition. All new air ride seats shall oscillate
and have an adjustable lumbar support,
height, backrest and seat tilt.
(e) Tractors added to the road fleet and
assigned to road operations on a regular
basis, whether newly manufactured or not
newly manufactured, shall be air conditioned.
(f) When the Employer weighs a trailer, the
over-the-road driver shall be furnished the
resulting weight information along with
his/her driver’s orders.
(g) All company trailers shall be marked for
height.
(h) No driver shall be required to drive a
tractor designed with the cab under the
trailer.
(i) All road and city equipment shall have a
speedometer operating with reasonable
accuracy. Pending the final ruling
regarding the speed limiter proposal filed
by the FMSCA, law permitting. the
company agrees that starting thirty days
after ratification of this agreement all
equipment for the road fleet shall be adjusted
and/or specified with the manufacturer's
maximum road speed of seventy (70) miles
per hour, notwithstanding any other
agreement or understanding.
(j) The following minimum measurements for
fuel tank placement shall apply to tractors
added to the fleet after March 1, 1981, with
the understanding that there shall be no
retrofit of equipment currently in use: (1) front
of fuel tank to rear of front tire-not less than 4
inches; (2) rear of fuel tank to front of duals-
not less than 4 inches; (3) bottom of fuel tank
to ground-provide clearance not less than 7.5
inches, measured on a flat surface; and (4)
all fuel tank measurements as stated herein
include brackets, return lines, etc. in
determining clearance.
Any alleged violation of the above
requirements shall not be cause for refusal of
the equipment, but shall be subject to the
grievance procedure as a safety and health
issue.
(k) The following shall apply to shock
absorbers on tractor front axles with the
purchase of newly manufactured tractors
which are placed in service after March 1,
1981, and with the understanding that there
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shall be no retrofit of equipment currently in
use: Where the manufacturer recommends
and provides shock absorbers as standard
equipment with the tractor front suspension
assembly, properly maintained shocks on
such new equipment shall be considered as
a necessary and integral part of that
assembly.
Where the manufacturer does not
recommend and provide shock absorbers as
standard equipment with the tractor front
suspension assembly, shocks shall not be
considered as a necessary or integral part of
that suspension system.
Any alleged violation of the above, including
maintenance of existing equipment, shall not
be cause for refusal of equipment but shall be
subject to the grievance procedure as a
safety and health issue.
(l)(1) The following shall apply for the
minimum interior dimensions of the sleeper
berths on newly manufactured over-the-road
tractors purchased and placed in service
after January 1, 1987.
a. Length - 80 inches; b. Width - 34 inches;
and, c. Height – 24 inches.
It is understood that a “manufacturing
tolerance of error” of one inch (1”) is
permissible, provided the original
specifications were in conformity with the
above recommended dimensions. It is
understood that there shall be no retrofit of
equipment currently in service.
(2) Interior cab dimensions. Effective January
1, 1988, the Employer, in placing orders for
newly manufactured over-the-road tractors,
shall request of the manufacturer in writing
that there will be compliance with as many of
the following October, 1985 SAE
recommended practices as possible: J941-E,
J1052, J1521, J1522, J1517, J1516, and
J1100. The carrier, upon request, will furnish
proof to the National Safety and Health
Committee that a request was made to the
manufacturer for compliance with the
aforementioned SAE recommended
practices.
(m) The Employer and the Union recognize
the need for safe and efficient twin-trailer
operations. Accordingly, the parties agree to
the following:
(1) The Employer shall make available to all
drivers involved in the twin-trailer operations
training in the proper procedures for the safe
hooking and unhooking of dollies and jiff-lox.
Upon request, the Company will furnish to the
Union a copy of their training program.
(2) Dollies and jiff-lox shall be counter-
balanced or equipped with a crank-down
wheel to support the weight of the dolly
tongue or jiff-lox. A handle will also be
provided on the tongue of the dolly or jiff-lox
and shall be maintained.
(3) A tractor equipped with a pintle hook will
be made available to drivers required to drop
and hook twin trailers or triples at closed
terminals.
The Employer shall make a bona fide attempt
to make a telephone available for the driver
at closed terminals during the trailer switch.
(4) Whenever possible, the Company will
hook up the heaviest trailer in front in twin-
trailer operations. In those instances where it
is not possible because of an intermediate
drop of less than one hundred and fifty (150)
miles or scaling of the drive axle, the driver
after driving the unit at any point on the trip,
determines, at his/her sole discretion, the unit
does not handle properly, may have the
Company switch the unit or authorize the
driver to switch the unit and be paid for such
time.
(n)(1) There will be a moratorium on the
purchase of diesel powered forklifts and
sweepers.
(2) It shall be standard work practice that
every diesel-powered sweeper shall be shut
off whenever the operator leaves the seat.
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Under no circumstances shall diesel-
powered sweepers be allowed to idle when
not attended.
(3) Diesel-powered sweepers shall be tuned
and maintained in accordance with
schedules recommended by their
manufacturers. The Employer shall provide
copies of such recommendations to the
Union upon request.
(4) Improperly maintained diesel-powered
sweepers may produce visible emissions
after start-up. Therefore, any such diesel
powered sweeper that is found to be smoking
shall be taken out of service as soon as
possible until repairs are made and that
condition corrected.
(5) The Employer agrees to cooperate with
those government and/or mutually agreed
private agencies in such surveys or studies
designed to analyze the use and operation of
diesel-powered sweepers and diesel-
powered sweeper emissions.
(o) As of July 1, 1988, as new equipment is
ordered or existing equipment requires brake
lining replacement, all brake linings shall be
of non-asbestos material where available and
certifiable.
(p) Slack adjuster equipment (snubbers)
used in multiple trailer operations, whether on
the trailers or on the converters, shall be
maintained in proper working order.
However, it shall not be a violation of this
provision for the unit to be pulled to the next
point of repair if the snubber is inoperative.
(q) Converter dollies may be pulled on public
roads by bobtail tractors if all of the following
conditions are met:
(1) Tractors used in this type of operation
shall have a pintle hook installed which has
the proper weight capacity and is designed
for highway use;
(2) Neither supply nor control air lines are to
be connected to the converter dolly when
being pulled by a bobtail tractor, and the
tractor protection valve shall be set in the
normal bobtail position;
(3) After October 1, 1991, tractors used to pull
converter dollies bobtail must be equipped
with a type of bobtail proportioning valve
(BPV) in the tractor braking system, unless
equipped with ABS;
(4) It is further agreed such configuration
must comply with state and federal law.
(r) All newly manufactured road tractors
regularly assigned to the fleet after July 1,
1991, shall be equipped with heated mirrors.
All road tractors ordered after April 1, 2003
shall be equipped with a power mirror on the
curbside. However, it shall not be a violation
of this provision for the tractor to be
dispatched to the next Company point of
repair if the heated and/or power mirror is
inoperative.
(1) All new diesel tractors and new yard
tractors equipment shall be equipped with
vertical exhaust stacks.
(1) All new diesel yard tractors shall be
equipped with vertical exhaust stacks. All
new diesel road and city tractors shall be
equipped with horizontal exhaust systems
that meet regulatory and FMCSA
requirements as specified by the
equipment manufacturers.
(2) All road and city tractors shall be equipped
with large spot mirrors (6” minimum) on both
sides of the tractor by January 1, 1995.
(3) All road tractors and switching equipment
shall be equipped with an operable light of
sufficient wattage on the back of the cab.
(4) All new road and city equipment shall
have operable sun visors.
(5) Seats on forklifts and sweepers shall be
maintained in good repair. Forklifts
purchased after July 25, 2018 shall include
seat suspension (spring type suspension
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underneath the seat), incline and a
mechanism to slide the seat backwards and
forward.
(6) On all road and city tractors, the cab door
locks shall remain operable and be properly
maintained. Both parties agree that the
Employer will have reasonable time to repair
the locks.
(7) The Employer shall repair inoperable door
locks on linehaul tractors that are reported on
a driver vehicle inspection report. The
Employer shall perform such repairs at the
first Employer maintenance location.
(s) All newly manufactured city tractors
regularly assigned to the city pickup and
delivery operation after July 1, 1991, shall be
equipped with power steering and an air-ride
seat on the driver’s side.
(1) All new road and yard equipment shall
have power steering.
(2) All new forklifts and sweepers shall be
equipped with power steering.
(t) All hand trucks and pallet jacks shall be
maintained in good repair.
(u) All portable and mechanical dock plates
shall be maintained in good working
condition.
(v) The parties will maintain a safe and
healthy working environment in sleeper
operations. The parties agree to establish a
committee composed of four (4) members
each to review the comfort and/or safety
aspects of sleeper berths pertaining to ride.
Such committee shall meet by mutual
agreement of the Co-chairmen as to time and
place. The committee shall confer with
appropriate representatives of equipment
manufacturers and/or other experts on this
subject as may be available. The intent of the
committee is to identify any problems with the
comfort and/or safety aspects of sleeper
berths pertaining to ride that may exist, and
through its deliberations with the
manufacturers and/or other experts, develop
ways and means to correct such situations.
The committee shall report its findings and
make recommendations to the National
Grievance Committee.
(1) All new sleeper tractors purchased or
leased after February 8, 1998, shall, at a
minimum, be equipped with the
manufacturer’s original equipment standard
dual heat/air conditioning systems. This is not
intended to preclude the Company from
purchasing newer technology on future
purchases, should such become available
prior to the expiration of this Agreement.
(2) Bunk restraint strap/net buckles on
sleeper equipment shall be mounted on the
entrance side of the sleeper berth by April 1,
1995.
(3) New sleeper equipment purchased on or
after April 1, 1995, shall be equipped with a
power window on the passenger’s side of the
cab that is operable from the driver’s side of
the cab.
(4) All sleeper cabs added to the Employer’s
fleet after April 1, 2008 will be walk-in sleeper
berths with at least the following dimensions:
The measurement of 15-3/4 inches from the
front of the mattress to the closed sleeper
curtain, at any point across the cab, shall
apply for the minimum interior walk-in
dimension on newly manufactured over-the-
road sleeper tractors ordered after April 1,
2008. It is understood that the contractual
width of a sleeper mattress is 34 inches when
determining the 15-3/4 inches from the front
of the mattress to the sleeper curtain.
All walk-in sleeper units introduced into
operation after April 1, 2008 will have a
minimum sleeper berth height of 65 inches
from the floor to interior ceiling of the sleeper
berth. It is also understood that the entrance
opening into the sleeper berth area will be a
minimum of 64 inches.
This will not apply to triple runs as the length
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now prohibits. However, if and when it
becomes legal to run walk-in sleepers on
triple lanes, all new equipment ordered after
that effective date will be equipped with walk-
in sleeper berths.
(5) All sleeper tractors introduced into
Employer linehaul operations after April 1,
2008 will be equipped with an engine and/or
exhaust brake. The parties understand that
a unit with an inoperable engine brake
system will not be considered out of service.
Repairs will be performed at the team’s home
terminal at the end of that team’s tour.
(6) All sleeper tractors will be set so that the
unit will continue to idle, except if (a) federal,
state, or local laws or regulations require the
Employer to limit or eliminate tractor idle time
or (b) the unit is equipped with an auxiliary
power pack that provides heat and air
conditioning to the sleeper berth area.
(w) Employee will not be required to climb on
unguarded trailer roofs for snow removal.
(x) At least one vent on the sleeper to open
front or back.
(y) The Employer shall repair inoperable air
conditioning systems on Employer city
tractors within fourteen (14) days of written
notification from an employee or the Local
Union that the air conditioning system on a
particular city tractor is inoperable.
(z) All linehaul tractors introduced into
Employer linehaul operations after April 1,
2008 will be equipped with a cab filter system
that is designed and available from the
tractor’s manufacturer.
(aa) The Employer understands tractor
interiors should be maintained in a clean
condition so units are safe to operate.
Concerns about the cleanliness of tractor
interiors must first be raised and reviewed at
the local level. In the event the parties are
unable to resolve the issue locally, the parties
shall refer the issue to the Employer’s V.P. or
Equipment Services for resolution.
(bb) New trailer jockeys or hostling tractors
put into service after the effective date of this
agreement will be equipped with power
mirrors on the right-hand side. Effective with
ratification of this agreement, any new
trailer iockeys or hostling tractors added
to the fleet will be equipped with air
conditioning. Any trailer jockeys or hostling
tractors newly assigned to the specified
states or locations below in List 1 after March
31, 2018, will be equipped with air
conditioning and will be maintained in proper
operating condition throughout the year. The
Company will not exceed two weeks in
making necessary air conditioning repairs. It
shall not be a violation of this section to
operate any unit while waiting for repairs.
States or locations: Alabama, Arkansas,
Arizona, Florida, Georgia, Kentucky,
Louisiana, Mississippi, North Carolina, New
Mexico, Nevada, Oklahoma, South Carolina,
Tennessee, Texas, Long Beach, CA, Pico
Rivera, CA, and San Bernardino, CA.
The Company and the union shall meet
periodically to discuss the feasibility of
additional locations.
(cc) New forklifts for use in the U-Pack
operations purchased after July 25, 2018 will
be all-terrain forklifts and have flashing strobe
light and all flatbeds are to be equipped with
four (4) orange cones.
(dd) Forklift seats shall have sufficient seat
cushion as well as spring suspension
system under the seat. Forklift seats also
shall have incline and decline capability.
Forklift seats should also be adjustable and
able to slide back and forth. This section
shall apply to forklifts order after
ratification of the agreement.
(ee) Rain gear and gloves shall be
available for flatbed drivers upon request.
Section 7. National Safety, Health &
Equipment Committee
NO CHANGE
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Section 8. Hazardous Materials
Program
NO CHANGE
Section 9. Union Liability
NO CHANGE
Section 10. Government Required
Safety & Health Reports
NO CHANGE
Section 11. Facilities
NO CHANGE
ARTICLE 17. PAY PERIOD
The Joint Area Committee or the National
Grievance Committee and the Employer
may, by mutual agreement, waive the
provisions of Local Supplements dealing with
pay periods upon a satisfactory showing of
necessity by the Employer, provided such
waiver is not a violation of a state or federal
law or regulation.
Timely Pay For Drivers
The Employer will make every effort to
accommodate drivers, who are away from
their home terminal at the conclusion of a pay
period, to ensure that those drivers are paid
on a timely basis.
Pay Period
Employees shall be paid weekly or bi-weekly
in accordance with past practice. The payday
for all employees shall be Friday. Pay stubs
or paper checks will be available on payday
at the end of the employee’s work shift.
If for reasons beyond the Employer’s control,
such as weather delays, express mail failure,
etc. an employee’s paycheck does not arrive
at the employee’s facility by payday, the
employee will be paid on that day by station
draft.
In the event of a verifiable pay shortage of
seventy-five dollars ($75.00) or more, the
Employer shall correct the pay shortage
by direct deposit or station draft within
two (2) business days (excluding
Saturdays, Sundays and Holidays)
following the employee notifying the
Company in writing. Failure to correct as
described will result in the employer
paying a penalty of eight (8) hours per day
for each business day (excluding
Saturdays, Sundays and holidays) until
corrected. Supplements or local practices
providing greater protections for the
employee shall prevail.
ARTICLE 18. OTHER SERVICES
NO CHANGE
ARTICLE 19. POSTING
NO CHANGE
ARTICLE 20. UNION AND
EMPLOYER COOPERATION
NO CHANGE
ARTICLE 21. UNION ACTIVITIES
Any employee, member of the Union, acting
in any official capacity whatsoever shall not
be discriminated against for his/her acts as
such officer of the Union so long as such acts
do not interfere with the conduct of the
Employer’s business, nor shall there be any
discrimination against any employee
because of Union membership or activities.
A Union member elected or appointed to
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serve as a Union official shall be granted a
leave of absence during the period of such
employment, without discrimination or loss of
seniority rights, and without pay.
An employee elected or appointed to
serve as a government representative
shall be granted a leave of absence during
the period of such employment without
discrimination or loss of seniority but
without pay.
ARTICLE 22. OWNER-
OPERATORS
NO CHANGE
ARTICLE 23. SEPARATION OF
EMPLOYMENT
NO CHANGE
ARTICLE 24. INSPECTION
PRIVILEGES AND EMPLOYER
AND EMPLOYEE
IDENTIFICATION
No employee will be required to have their
driver’s license reproduced in any manner
except by their employer, law enforcement
agencies, government facilities and facilities
operating under government contracts that
require such identification to enter the facility.
Authorized agents of the Union shall have
access to the Employer’s establishment
during working hours for the purpose of
adjusting disputes, investigating working
conditions, collection of dues, and
ascertaining that the Agreement is being
adhered to; provided, however, there is no
interruption of the firm’s working schedule.
Company representatives, if not known to the
employee, shall identify themselves to
employees prior to taking disciplinary action.
Safety or other company vehicles shall be
identified when stopping company
equipment.
The Employer agrees to supply company
identification to minimize the problem of
having to use their personal identification. It
is agreed that new ID’s will be made within a
twelve (12) month period of the new
contractCompany identification will be
issued upon hire and updated as needed
for employees.
Employees may be required to show their
driver’s license and Company identification to
customers, and allow the customer to copy or
otherwise reproduce their Company
identification only and not the driver’s license.
The Company identification will not have
personal information on it such as home
address or social security number.
ARTICLE 25. SEPARABILITY
AND SAVINGS CLAUSE
NO CHANGE
ARTICLE 26. TIME SHEETS,
TIME CLOCKS, VIDEO
CAMERAS, AND COMPUTER
TRACKING DEVICES
Section 1. Time Sheets and Time
Clocks
In over-the-road or line operations, the
Employer shall provide and require the
employee to keep a time sheet or trip card
showing the arrival and departure at terminal
and intermediate stops and cause and
duration of all delays, time spent loading and
unloading, and same shall be turned in at the
end of each trip. Upon conversion to
electronic time keeping devices, including
Electronic Time clocks (ETC), Electronic
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Logging Devices (ELD) or other devices
developed, over-the-road employees shall
be required to use the electronic devices
to show beginning of tour, departure,
arrival, intermediate stops, delays, time
spent loading or unloading, all work
performed during a tour of duty and end
of tour as instructed by the Employer.
Employees shall have access to payroll
information entered electronically.
Employees shall be trained on the use of
electronic time keeping devices and
nothing in this provision shall reduce any
paid for time.
Employees shall punch their own timecards.
Employees shall scan their own
Identification Badges in lieu of timecards
when an Electronic Time Clock (ETC) is
used.
The Employer shall maintain sign-in and
sign-out records at terminals. All road drivers
must record their name, home domicile,
origin, destination and arrival and/or
departure times. The Employer shall make
available upon the written request of a Local
Union information regarding the destination
of loads and/or where loads were loaded
within the time limits set forth in the grievance
procedure.
The Employer may substitute updated time
recording equipment for timecards and time
sheets. However, a paper trail shall be
maintained.
The Employer may computerize the sign-in
and sign-out records. However, at all times,
the Union shall have reasonable access to a
paper record of the sign-in and sign-out
records.
Section 2. Use of Video Cameras for
Discipline and Discharge
The Employer shall not install or use video
cameras in areas of the Employer's premises
that violate the employee's right to privacy
such as in bathrooms or places where
employees change clothing or provide drug or
alcohol testing specimens.
Furthermore, the Company agrees that it
will not, for the purpose of monitoring or
recording in cab activity, or any other
purpose, use inward facing cameras, audio
recorders, body sensors, or biometric
technology in vehicles operated by
bargaining unit employees.
In vehicles that are equipped with inward
facing cameras, such equipment shall be
covered or otherwise rendered inoperable
and will not be used for monitoring or
recording in cab activity.
Section 3. Audio, Video and Computer
Tracking Devices
The Employer may use video, still photos
derived from video, electronic tracking devices
and/or audio evidence to discipline an
employee without corroboration by observers if
the employee engages in conduct such as
falsification of logs, records, claims for
compensation and other documents, theft of
time or property, vandalism, or physical
violence for which an employee could be
discharged without a warning letter. As used
in this section "theft of time" shall not
include inadvertent and immaterial
extensions of break time and lunch
periods. If the information on the video, still
photos, electronic tracking devices and/or
audio recording is to be utilized for any
purpose in support of a disciplinary or
discharge action, the Employer must provide
the Local Union, prior to the hearing, an
opportunity to review the evidence used by the
Employer.
ARTICLE 27. EMERGENCY
REOPENING
NO CHANGE
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ARTICLE 28. SYMPATHETIC
ACTION
NO CHANGE
ARTICLE 29. SUBSTITUTE
SERVICE
Section 1. Piggyback Operations
NO CHANGE
Section 2. Maintenance of Records
(a) Trailers piggybacked as a substitute
service as provided in Section 1 are to be
signed in and signed out on the regular
dispatch sheet in road operations, and where
there are no road operations sign-in and sign-
out sheets shall be maintained at an
appropriate location, including trailers taken
to and from the rail yard by city employees.
These sheets will be made available, upon
request, to the drivers for a period of thirty
(30) days. The Employer shall report in
writing on a monthly basis to the Local Union
at the rail origin point, or in cases where there
are no drivers domiciled at the rail origin point
to the Local Union at the first driver relay point
affected, the number of trailers put on the rail
at the rail origin point. The Employer shall
also report the origin, destination, trailer/load
number, trailer weight and the time the
trailer/load leaves the Employer’s yard for the
rail yard. The time limits set forth in the
Supplemental Agreement for filing claims
based upon the monthly report shall
commence to run upon the receipt of the
report by the Local Union.
(b) With regard to use of substitute service as
provided in Section 1, full and complete
records of handling, dispatch and movement
of such units system-wide shall be kept by the
Employer and a report, which will include the
date of all outbound rail movement, all points
of origin and destination, all trailer numbers
and the name of each railroad/routing, shall
be sent on a quarterly basis to the office of
the National Freight Director and the affected
Area Regional Freight Director.
Where inspection of the records indicates
that piggyback is being used as a substitute
for road operations, as defined in Section 1 of
this Article, over an established relay, rather
than handling overflow traffic, the grievance
procedure may be invoked at the appropriate
Regional Joint Area Committee by the
Regional Freight Coordinator or the office of
the National Freight Director to provide a
reasonable remedy for the improper usage of
piggyback, including the revocation of the
use of substitute service, for repeated
violations over such relay.
(c) With regard to trailers moved on rail as an
approved intermodal operations set forth in
Section 3, the Employer shall report in writing
on a monthly basis to each Local Union
affected, the number of trailers put on the rail
at the rail origin points of the approved
intermodal operations. The Employer shall
also report the origin, destination, trailer/load
number, trailer weight and the time the
trailer/load leaves the Employer’s yard for the
rail yard.
In addition, the Employer shall, on a quarterly
basis, send to the office of the National
Freight Director a report containing the total
intermodal rail miles as under the same
methodology as was traditionally reported
on line 6 of the Bureau of Transportation
Statistics (BTS) Schedule 600 annual report
and the total miles under the same
methodology as was traditionally as
reported on line 7 of the BTS Schedule 600
annual report.
(d) With regard to the use of a Preferred
CompanyPTS carrier as provided in Section
6, the Employer shall report in writing on a
monthly basis to each Local Union affected,
the number of trailers tendered to any
Preferred CompanyPTS carrier. The
Employer also shall report the origin,
destination, trailer/load number, trailer weight
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and the time the trailer/load leaves the
Employer’s yard.
In addition, the Employer shall, on a quarterly
basis, send to the office of the National Freight
Director a report containing the total number of
miles the Employer utilized any Preferred
CompanyPTS carrier consistent with the
requirements of Article 29, Section 6.
Section 3. Intermodal Service
(a) The parties recognize that in 1991,
Congress passed the Intermodal Surface
Transportation Efficiency Act of 1991 and
declared the policy of the United States to be
one of promoting the development of a
national intermodal transportation system
consisting of all forms of transportation in a
unified, interconnected manner. The parties
have, therefore, entered into this Agreement
to enhance the Employer’s opportunities to
secure the benefits which flow from this
national policy of encouraging intermodal
transportation, including long-term stable and
secure employment. At the same time, the
parties recognize the need to minimize and
provide for the impact which intermodal
operations may have on certain employees
covered by this Agreement.
(b) Use of Intermodal Service
1. Subject to the conditions set forth
hereinafter, the Employer may establish a
new intermodal service over the same route
where the Employer has established relay
runs or through runs.
Present relay or through operations may not
be reduced, modified or changed in any other
manner as the result of the implementation of
a new intermodal service until such time as
the proposed intermodal operation has been
approved by the National Intermodal
Committee. The Employer shall submit to the
National Intermodal Committee an
application for approval which shall identify
the road operation(s) the intended intermodal
service will reduce and/or eliminate; a list
identifying the name and seniority date of
each driver affected by the intended
intermodal service(s); and a list by domicile
of each of the road drivers openings
available.
In the event the National Intermodal
Committee is unable to agree on whether or
not the Employer’s proposed intermodal
operations meet the criteria set forth below,
the proposed operation shall not be approved
until such time as those issues are resolved.
This provision shall not be utilized as a
method to delay and/or deny a proposed
intermodal operation when the criteria set
forth below have been clearly satisfied.
(a) There shall be no more than two (2)
intermodal changes approved during the
term of this Agreement; and
(b) No more than ten (10) percent of the
Employer’s total active road driver seniority
list as of April 1, 1998 shall be affected by the
intermodal changes approved during the
term of this Agreement.
In the event a proposed intermodal operation
also includes the transfer of work that is
subject to the provisions of Article 8, Section
6, the proposed intermodal operations and
the transfer of work subject to Article 8,
Section 6, may be heard by a combined
National Intermodal/Change of Operations
Committee on a joint record, and the seniority
rights of all affected employees shall be
determined by Article 29, Section 3 95 such
Committee, which shall have the authority
granted in Article 8, Section 6(g).
2. An approved intermodal operation that
provides service over established relay
and/or through operations shall include
protection for all bid drivers during each
dispatch day and all extra board drivers
during each dispatch week at each of the
affected domiciles.
For purposes of determining the weekly
protection for extra board drivers, the
affected driver’s average weekly earnings
during the previous four (4) week period in
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which the driver had normal earnings shall be
considered the weekly protection when
violations occur.
3. When transporting any shipment by
intermodal service within the Employer’s
terminal network, the Employer shall utilize
its drivers subject to the applicable respective
area supplemental agreements to pickup
such shipments from the shipper at point of
origin and/or the Employer’s terminal and
deliver them to the applicable intermodal
exchange point. The Employer also shall use
its drivers to deliver intermodal shipments to
the consignee or the Employer’s terminal. A
driver may be required to drive through other
terminal service areas to the intermodal
exchange point to pickup and deliver
intermodal shipments without penalty.
4. Total intermodal rail miles using the same
methodology included on line 303 of
Schedule 300 of the BTS Annual Report shall
not exceed 2428 percent (total combined
rail and PTS) of the Employer’s total miles as
reported on line 301 of Schedule 300 of the
BTS Annual Report during any calendar year.
In the event intermodal rail miles exceed this
2428 percent maximum, the Employer shall
be required to remove an appropriate amount
of freight from the rail and add a
corresponding number of drivers at each
affected domicile. Effective for Calendar Year
2005 and thereafter, the maximum amount of
rail miles as a percent of total miles as
calculated above will be reduced from 28% to
26%. Subject to the provisions of Section 6
of the Article, total intermodal rail miles
included on line 303 of Schedule 300 of the
BTS Annual Report shall not exceed 24
percent of the Employer’s total miles as
reported on line 301 of Schedule 300 of the
BTS Annual Report during any calendar year.
In the event intermodal rail miles exceed this
24% maximum, the Employer shall be
required to remove an appropriate amount of
freight from the rail and add a corresponding
number of drivers at each affected domicile.
The parties recognize that the current
shipping markets demand expedited delivery
of freight in a manner that may not be
accomplished by hauling certain freight by
rail. These market demands create a need to
reduce the amount of freight hauled by rail
and to use alternative methods of substitute
service. As contemplated by Article 20,
Section 4, new business opportunities may
be pursued that promote new Teamster job
opportunities while protecting existing
Teamster jobs, benefits, and working
conditions. With these facts in mind, the rail
miles as a percentage of total miles will be
reduced as follows: effective Calendar Year
2010, the maximum amount of rail miles as a
percentage of total miles as calculated above
will be reduced from 24% to 21.5%. Effective
Calendar Year 2011, the maximum amount
of rail miles as a percentage of total miles as
calculated above will be reduced from 21.5%
to 21%. Effective Calendar Year 2012, the
maximum amount of rail miles as a
percentage of total miles as calculated above
will be reduced from 21% to 19%. The
reduction in rail miles during the term of this
Agreement is subject to the provisions of
Article 29, Section 6.
The National Intermodal Committee shall
establish rules and guidelines that will allow
the Union the opportunity to verify and audit
the Employer’s BTS rail reports. In the event
the Union establishes through the grievance
procedure that an Employer has falsified the
BTS reports in order to increase the
maximum amount of intermodal rail miles
permitted under this Article, the remedy for
such a violation shall include a cessation of
the Employer’s affected intermodal service
until such time as the issue has been
resolved to the satisfaction of the Union.
In the event the BTS rail and/or line haul
miles reporting requirements are modified
and/or eliminated, the parties will meet to
develop a substitute reporting procedure
consistent with those of the BTS.
(c) Job Protection for Current Road Drivers
1. Rail operations that are subject to the
provisions of Section 1(b) above shall not
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result in the layoff or involuntary transfer of
any driver at any affected road driver
domicile.
2. During the term of this Agreement, the
Employer shall be permitted no more than
two (2) Intermodal Changes whereby the
Employer may reduce and/or eliminate
existing road operation(s) through the use of
intermodal service. It is specifically agreed
that a total of no more than ten (10) percent
of the Employer’s total active road driver
seniority list as of April 1, 2003, shall be
affected by the Intermodal Changes during
the term of this Agreement.
Any road driver who is adversely affected by
an approved Intermodal Operation and would
thereby be subject to layoff, or who is on
layoff at an affected domicile at the time an
Intermodal Operation is approved, shall be
offered work opportunity at other road driver
domiciles within the Employer’s system. The
Employer shall include in its proposed
Intermodal Operations specific facts that
adequately support the Employer’s claims
that there will be sufficient freight to support
the work opportunities the Employer
proposes at each gaining domicile. In the
event there is more than one (1) domicile
involved, the drivers adversely affected shall
be dovetailed on a master seniority list and
an opportunity to relocate shall be offered on
a seniority basis, subject to the provisions of
Article 8, Section 6. The “hold” procedures
set forth in Article 8, Section 6 of the ABF
NMFA shall be applicable. Where the source
of the proposed work opportunity is presently
being performed by bargaining unit
employees over the road, the Employer shall
be required to make reasonable efforts to fill
the offered positions as set forth in Article 8,
Section 6(d)(6).
Drivers who relocate under this provision
shall be dovetailed on the applicable seniority
list at the domicile they bid into. Health &
welfare and pension contributions shall be
remitted in accordance with the provisions of
Article 8, Section 6(a) and moving and
lodging shall be paid in accordance with
Article 8, Section 6(c) of the ABF NMFA.
It is understood and agreed that the intent of
this provision is to provide the maximum job
security possible to those drivers affected by
the use of intermodal service. Therefore, the
number of drivers on the affected seniority
lists at rail origin points at the time an
intermodal change becomes effective shall
not be reduced during the term of this
Agreement other than as may be provided in
subsequent changes of operations. Drivers
on the affected seniority lists at gaining
domiciles at the time an intermodal change
becomes effective, shall not be permanently
laid off during the term of this Agreement.
The senior driver voluntarily laid off at an
intermodal losing domicile will be restored to
the active board each time foreign drivers or
casuals (where applicable) make ten (10)
trips (tours of duty) within any thirty (30)
calendar day period on a primary run of such
domicile, not affected by a Change of
Operations.
For the purposes of this Section, short-term
layoffs (1) that coincide with normal seasonal
freight flow reductions that are experienced
on a regional basis and that include a
reduction in rail freight that corresponds to
the reduction in truck traffic, or (2) that are
incidental day-to-day layoffs due to reasons
such as adverse weather conditions and
holiday scheduling, shall not be considered
as a permanent layoff. Layoffs created by a
documented loss of a customer shall not
exceed thirty (30) days. Any layoff for
reasons other than as described above shall
be considered as a permanent layoff. The
Employer shall have the burden of proving
that a layoff is not permanent.
In order to ensure that the work opportunities
of the drivers at the gaining domiciles are not
adversely affected by the redomiciling of
drivers, the bottom twenty-five percent (25%)
of the drivers at a gaining domicile shall not
have their earnings reduced below an
average weekly earnings of one thousand
dollars ($1,000) eight hundred and fifty
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dollars ($850). This one thousand dollars
($1,000) eight hundred and fifty dollar ($850)
average wage guarantee shall not start until
the fourth (4th) week following the
implementation of the approved Intermodal
Change of Operation.
It is not the intent of this provision to establish
a one thousand dollars ($1,000) eight
hundred and fifty dollar ($850) per week as
an artificial base wage but rather a minimum
guarantee. This provision shall not preclude
the short-term layoffs as defined above. The
Employer shall have the burden of proving
that drivers at the gaining domiciles have not
had their work opportunities adversely
affected by the redomiciling of drivers.
The one thousand dollars ($1,000)eight
hundred and fifty dollar ($850) average wage
guarantee shall be determined based on the
average four (4) weeks earnings of each
active protected driver on the bottom twenty-
five percent (25%) of the seniority roster.
When the earnings of any active protected
driver in the bottom twenty-five percent (25%)
of the seniority roster totals less than three
thousand four hundred ($3,400)four
thousand dollars ($4,000 during each four
(4) week period, the driver shall be
compensated for the difference between
actual earnings and four thousand dollars
($4,000) three thousand four hundred
($3,400).
The four (4) week average shall be calculated
each week on a “rolling” basis. A “rolling” four
(4) week period is defined as a base week
and the previous three consecutive weeks.
Where the Employer makes a payment to an
employee to fulfill the guarantee, the amount
paid shall be added to the employee’s
earnings for the base week of the applicable
four (4) week period and shall be included in
the calculations for subsequent four (4) week
“rolling” periods to determine whether any
further guarantee payments to the employee
are due.
Time not worked shall be credited to drivers
for purposes of computing earnings in the
following instances:
a. Where a driver is offered a work
opportunity that the driver has a contractual
obligation to accept, and the driver elects not
to accept such work, the driver shall have an
amount equal to the amount of the wages
such work would have generated credited to
such driver for purposes of determining the
one thousand dollars ($1,000) eight
hundred and fifty dollar ($850) average wage
guarantee.
No driver shall be penalized by having
contractual earned time off credited for
purposes of determining the one thousand
dollars ($1,000) eight hundred and fifty
dollar ($850) average wage guarantee.
However, where a driver takes earned time
off in excess of forty-eight (48) hours during
any work week, that work week shall be
excluded from the rolling four (4) week period
used to determine the one thousand dollars
($1,000) eight hundred and fifty dollar ($850)
average wage guarantee.
b. Where a driver uses a contractual
provision to refuse or defer work so as to
knowingly avoid legitimate work opportunity
and therefore abuse the one thousand
dollars ($1,000) eight hundred and fifty
dollar ($850) average wage guarantee, the
driver shall have an amount equal to the
amount of the wages such work would have
generated credited to such driver for
purposes of determining the one thousand
dollars ($1,000) eight hundred and fifty dollar
($850) average wage guarantee.
Nothing in this subsection applies to or shall
be construed to limit claims by any driver on
the seniority roster at a gaining domicile
alleging that the driver’s work opportunity
was adversely affected following the
implementation of the Intermodal Change of
Operations because of the Employer’s failure
to provide adequate work opportunities for
existing and redomiciled drivers. However,
after the point that the Employer has provided
adequate work opportunities for protected
drivers (existing and redomiciled), the wage
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protection for active drivers in the bottom