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Experience

Location:
San Bernardino, CA, 92401
Salary:
22.00$ hr
Posted:
October 11, 2024

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Resume:

NATIONAL MASTER

UPS FREIGHT AGREEMENT

For The Period August 1, 2018

through July 31, 2023

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TABLE OF CONTENTS

ARTICLE 1. PARTIES TO THE AGREEMENT 1 Section 1. Employees Covered 1 Section 2. Operations Covered 1 Section 3. Transfer of Company Title or Interest 1 ARTICLE 2. SCOPE OF AGREEMENT 2 Section 1. Agreement 2 Section 2. Non-Covered Units 2 Section 3. Accretions 2 ARTICLE 3. RECOGNITION, UNION SHOP,

AND CHECKOFF 3 Section 1. Recognition 3 Section 2. Union Shop and Dues 3 Section 3. Dues Checkoff 4 ARTICLE 4. STEWARDS 6 ARTICLE 5 8 Section 1. Seniority 8 Section 2. Layoffs 11 Section 3. Recall 12 Section 4. Posting 13 Section 5. Probationary Employees 14 Section 6. Purchase of Equipment 14 Section 7. Unassigned Work 14 Section 8. Terminal to Terminal Transfer 15 ARTICLE 6. SUSPENSION, DISCIPLINE

AND DISCHARGE 15 Section 1. Just Cause 15 Section 2. Notification in Writing 15 Section 3. Expiration of Prior Disciplinary Action for Future Use in Progressive Discipline 15 Section 4. Prompt Action 16 Section 5. Suspensions 16

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ARTICLE 7. LOCAL, REGIONAL AND NATIONAL

GRIEVANCE PROCEDURES 16 Section 1. 16 Section 2. 17 Section 3. Resolution of Grievances 17 Section 4. Miscellaneous 18 Section 5. Regional Grievance Panels 19 Section 6. National Grievance Panel 21 ARTICLE 8. PROTECTION OF RIGHTS 22 Section 1. Picket Lines: Sympathetic Action 22 Section 2. Struck Goods 23 ARTICLE 9. LOSS OR DAMAGE 23 Section 1. 23 Section 2. 23 ARTICLE 10. BOND AND INSURANCE 24 Section 1. Bonds 24 Section 2. Insurance 24 ARTICLE 11. UNIFORMS 24 ARTICLE 12. PASSENGERS 25 ARTICLE 13. COMPENSATION CLAIMS 25 ARTICLE 14. MILITARY CLAUSE 28 Section 1. USERRA Rights 28 Section 2. Vacation Restoration 29 Section 3. Notification of Leave 30 Section 4. Spousal Transfer Rights 30 ARTICLE 15. EQUIPMENT AND SAFETY 30 Section 1. Safe Equipment 30 Section 2. Dangerous Conditions 31 Section 3. Accident Reports 31 Section 4. Equipment Reports 32 Section 5. Qualifications on Equipment 33

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Section 6. Hazardous Materials Program 34 Section 7. Union Liability 34 Section 8. Government Required Safety & Health Reports 34 Section 9. Equipment Requirements 34 Section 10. Distracted Drivers 36 Section 11. Building Security 36 ARTICLE 16. EXAMINATION AND

IDENTIFICATION FEES 36 Section 1. Required Examination 36 Section 2. Identification Fees 38 Section 3. Company Will Furnish Equipment 38 Section 4. Identification of Company Representatives 38 Section 5. CDL Training Process 38 ARTICLE 17. PAY PERIOD 40 ARTICLE 18. WORKDAY AND WORKWEEK 41 Section 1. Casual Employees 41 Section 2. Full-time Employees 41 Section 3. Overtime 42 Section 4. Work in Other Classifications 42 ARTICLE 19. POSTING 43 Section 1. Posting of Agreement 43 Section 2. Union Bulletin Boards 43 ARTICLE 20. COOPERATION OF

EMPLOYEES/FAIR DAY’S PAY 43 Section 1. Cooperation of Employees, Company and Union ..43 Section 2. Fair Day’s Work for Fair Day’s Pay 43 Section 3. Safety and Health Committee 44 Section 4. Other Participation Teams 46 ARTICLE 21. UNION ACTIVITIES/LEAVE OF ABSENCE 46 Section 1. Union Activities 46 Section 2. Leave of Absence 47 Section 3. Medical Disqualification 47

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ARTICLE 22. SEPARATION OF EMPLOYMENT 48 ARTICLE 23. TIME SHEETS, TIME CLOCKS

AND VIDEO CAMERAS 48 Section 1. Time Sheets and Time Clocks 48 Section 2. Video Cameras 48 Section 3. Computer Tracking Devices 49 Section 4. Technological Change 49 ARTICLE 24. LEAVE OF ABSENCE 50 Section 1. Jury Duty Leave 50 Section 2. Subpoenas, Summons and Voluntary Appearances ...51 Section 3. Family and Medical Leave 51 Section 4. Funeral Leave 52 Section 5. Personal Leave 52 Section 6. Maternity and Paternity Leave 53 Section 7. Rehabilitation Program-Leave of Absence 53 ARTICLE 25. BENEFITS 55 Section 1. Medical Plans 55 Section 2. Discretionary Days 56 Section 3. 401(k) Plan 56 Section 4. Holidays 56 Section 5. Vacations 57 Section 6. Retirement 59 Section 7. Other Benefits 61 ARTICLE 26. WAGES 62 Section 1. Full-time Local Cartage Employees 62 Section 2. Full-Time Road Employees 63 Section 3. Casual Employees 65 Section 4. Clerical Rates 66 Section 5. Paid for Time 68 Section 6. . 68 ARTICLE 27. DRUG AND ALCOHOL TESTING 68 Section 1. Controlled Substances Testing 68 Section 1.1 Employees Who Must Be Tested 69 Section 1.2 Testing 69

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Section 1.3 Screening Test 69 Section 1.4 Confirmatory Test 70 Section 1.5 Laboratory Testing 71 Section 1.6 Types of Testing Required 72 Section 1.7 Pre-Qualification Testing 72 Section 1.8 Reasonable Cause Testing 72 Section 1.9 Post-Accident Drug Testing 73 Section 1.10 Notification 73 Section 1.11 Rehabilitation and Testing After Return To Duty/SAP and Employer Duties 74 Substance Abuse Professional (SAP) 74 Employer Responsibilities 75 Section 1.12 Disciplinary Action 75 Section 1.13 Preparation for Testing 76 Section 1.14 Specimen Collection Procedures 76 Section 1.15 Specimen Shipping Preparations 80 Section 1.16 Medical Review Officer 80 Section 1.17 MRO Determination 81 Section 1.18 Record Retention 82 Section 1.19 Release of Drug Testing Information 82 Section 2. Alcohol Testing 83 Section 2.1 Employees Who Must Be Tested 83 Section 2.2 Testing 83 Section 2.3 Screening Test 83 Section 2.4 Confirmatory Test 84 Section 2.5 Types of Testing Required 84 Section 2.6 Reasonable Cause Testing 84 Section 2.7 Post-Accident Alcohol Testing 85 Law Enforcement Testing 86 Section 2.8 Random Testing 86 Section 2.9 Rehabilitation and Testing after Return to Duty 86 Employer Responsibilities 87 Section 2.10 Discipline 87 Section 2.11 Preparation for Testing 88 Section 2.12 Specimen Testing Procedures 88 Section 2.13 Substance Abuse Professional (SAP) 89 Section 2.14 Record Retention 90 Section 2.15 Release of Alcohol Testing Information 91 Section 3. Provisions Applicable to Drug and Alcohol Testing ..91

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Section 3.1 Leave of Absence for Rehabilitation 91 Section 3.2 Paid For Time 92 Section 3.3 Off-Duty DUI 92 Section 4. Training 93 ARTICLE 28. NON-DISCRIMINATION 93 ARTICLE 29. MAINTENANCE OF STANDARDS 93 ARTICLE 30. MEAL PERIOD 94 Section 1. Road Driver Meals at Via Points 94 Section 2. City Driver Meals 94 Section 3. Legal Requirements 94 ARTICLE 31. LODGING 94 ARTICLE 32. RAIN GEAR, GLOVES, AND

YARD LIGHTS 95 ARTICLE 33. SANITARY CONDITIONS 95 ARTICLE 34. JURISDICTIONAL DISPUTES 95 ARTICLE 35. EMERGENCY REOPENING 96 ARTICLE 36. GARNISHMENTS 96 ARTICLE 37. SUSPENSION OR REVOCATION OF

LICENSE AND EMPLOYEE’S BAIL 97

Section 1. Employee Must Notify the Company of Violations ..97 Section 2. Compliance with Company Instructions 97 Section 3. Employee Bail 98 ARTICLE 38. UNION AND COMPANY COOPERATION 98 Section 1. Joint Cooperation 98 Section 2. Work Stoppages 98 ARTICLE 39. SEPARABILITY AND SAVINGS CLAUSE 98

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ARTICLE 40. CHANGE OF OPERATIONS 99 ARTICLE 41. [RESERVED] 102 ARTICLE 42. INCLUSIVENESS OF CONTRACT 102 Section 1. Workweek Reduction 102 Section 2. New Equipment and Operations 102 Section 3. Extra Contract Agreements 102 ARTICLE 43. OTHER MODES OF TRANSPORTATION 102 ARTICLE 44. SUBCONTRACTING 103 ARTICLE 45. AIR CONDITIONING 105 ARTICLE 46. SUPERVISOR WORKING 105 ARTICLE 47. MILEAGE RATES 106 Section 1. Mileage Rates 106 Section 2. Mileage Determination 106 Section 3. Formula for Calculation of Red Circled

Road Driver Hourly Rate 106 ARTICLE 48. JOINT COMPETITION COMMITTEE 106 ARTICLE 49. DURATION 107 Memorandum of Understanding 107 Letter of Agreement 107 Addendum to the UPS Freight Agreement Covering

Over-the-Road and Local Cartage Operations 107 National UPS Freight Agreement “Zone” Addendum 113 Memorandum of Understanding 115 Letter of Understanding 115

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Letter of Understanding 115 Memorandum of Understanding 115 Memorandum of Understanding 117 Memorandum of Understanding 118 Memorandum of Understanding 118 Memorandum of Understanding 119 Letter of Agreement 119 Memorandum of Understanding

Mileage Driver Compliance with State Wage and Hour Laws 120

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NATIONAL MASTER

UPS FREIGHT AGREEMENT

For the period of

August 1, 2018 through July 31, 2023

UPS Freight, herein referred to as the “Employer” and/or

“Company”, and the TEAMSTERS NATIONAL UPS FREIGHT

NEGOTIATING COMMITTEE, hereinafter referred to as

TNUPSFNC, representing Local Unions affiliated with the International Brotherhood of Teamsters.

ARTICLE 1

PARTIES TO THE AGREEMENT

Section 1. Employees Covered

This Agreement covers, where already recognized, those employees who are employed as drivers, either over-the-road or city, as well as those employees engaged in dock and clerical work. A list of loca- tions at which the TNUPSFNC has been recognized is appended to this Agreement as Addendum A.

Section 2. Operations Covered

The execution of this Agreement on the part of the Employer shall cover all employees of the Employer in the bargaining unit at any existing terminals at which the TNUPSFNC has been certified as the collective bargaining representative. The Locals designated by the TNUPSFNC to administer the Agreement shall also be deemed par- ties to this Agreement.

Section 3. Transfer of Company Title or Interest

In the event the Company is sold or any part of its operations cov- ered by this Agreement is transferred, the Company shall give notice to the TNUPSFNC to the extent required by applicable law.

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The Company shall give notice of the existence of this Agreement to any entity involved in the sale or other transaction by which the operation covered by this, or any part thereof, may be transferred. Such notice shall be in writing, with a copy to the TNUPSFNC, at the time of the purchase and sale negotiation are made known to the public or the Company executes a contract or transaction as herein described, whichever first occurs. The TNUPSFNC shall also be advised of the exact nature of the transaction, not including financial details.

ARTICLE 2

SCOPE OF AGREEMENT

Section 1. Agreement

The execution of this Agreement on the part of the Company shall apply to the job classifications defined and set forth in this Agree- ment.

Section 2. Non-Covered Units

This Agreement shall not be applicable to those operations of the Company where the employees are covered by a collective bargain- ing 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.

Section 3. Accretions

Notwithstanding the foregoing paragraphs, the provisions of this Agreement shall be applied without evidence of Union representa- tion of the employees involved, to all subsequent additions to, and extensions of, current operations covered by this Agreement, which adjoin and are controlled and utilized as a part of such current oper- ation, and newly established terminals and consolidations of termi- nals which are controlled and utilized as a part of such current oper- ation. In the event the parties fail to agree on whether an accretion under this Section is appropriate, the exclusive method of resolving the dispute shall be that either party may refer the issue to the Na- tional Labor Relations Board for determination.

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ARTICLE 3

RECOGNITION, UNION SHOP, AND CHECKOFF

Section 1. Recognition

(a) The Employer recognizes and acknowledges that the Teamsters National United Parcel Service Freight Negotiating Committee is the exclusive representative of all employees of the Employer in covered classifications. The employees covered by this Agreement shall constitute one (1) bargaining unit. The Local Unions designat- ed by the TNUPSFNC to represent the covered employees shall be parties to this Agreement.

(b) When the Employer needs additional employees, it shall give the Union equal opportunity with all other sources to provide suit- able applicants, but the Employer shall not be required to hire those referred by the Union.

Business agents and/or a steward shall be permitted to attend new employee orientations. The Employer agrees to provide the Local Union at least one week’s notice of the date, time, and location of such orientation. The sole purpose of the business agent’s or steward’s at- tendance shall be to encourage new employees to join the Union. Section 2. Union Shop and Dues

(a) 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 Lo- cal Union in good standing as a condition of employment. In order to assist the Local Unions in maintaining current and accurate member- ship records, the Employer will furnish the appropriate Local Union a list of new employees. The Employer agrees to notify the Local Union within thirty (30) days of hiring a new employee. This notifi- cation will be made in conjunction with the new employee listing. The list will include the name, address, social security number, date of hire, service center to which assigned, shift, and classification or position hired into, along with current pay rate. The list will be pro- vided on a monthly basis. All present employees who are not mem- bers of the Local Union and all employees who are hired hereafter, shall become and remain members in good standing of the Local

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Union as a condition of employment on and after the thirty-first

(31st) day following the beginning of their employment, or on and after the thirty-first (31st) 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, member- ship in the Union, as herein provided, shall be terminated seven- ty-two (72) hours after the 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 em- ployees on the same basis as all other members, and further that the employee has had notice and opportunity to make all dues or initia- tion fee payments. This provision shall be made and become effec- tive as of such time as it may be made and become effective under the provision of the National Labor Relations Act, but not retroactively.

(b) No provision of Section 2(a) of this Article shall apply to the extent that it may be prohibited by state law. In the event Subsection

(a) above may not be validly applied, the Employer agrees to recom- mend to all new employees that they become members of the Union and maintain such membership during the life of this Agreement. Section 3. Dues Checkoff

The Employer agrees to deduct from the pay of all employees cov- ered by this Agreement the initiation fees, dues and/or uniform as- sessments of the Local Union having jurisdiction over such employ- ees. The Local Union will electronically provide the Employer a weekly amount to be deducted from each employee. The Local Union will individually specify the weekly amount to be deducted for initiation fees, union dues and/or assessments. For initiation fees and assessments, the Local Union will notify the Employer the num- ber of weeks these deductions are to be taken from the employee. Notification of deductions to be made by the Employer for the ben- efit of the Local Union must be received at least one (1) month prior to the date the deduction is to be made. The obligation of the Local Union to provide this information shall be satisfied by the transmis- sion of a computer file in mutually agreeable format. The Employer shall make no deductions that are not listed on the Local Union’s monthly or weekly checkoff statement in those loca- tions which send a checkoff statement to the Employer. In the event

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the Employer improperly deducts too much dues money, the amount improperly withheld shall be remitted to the involved employee(s) on the second (2nd) scheduled workday following notification to the Employer. The Local Union(s) shall return any overpayment(s) to the Employer within one (1) week following written notification from the Employer.

The Employer will provide a remittance to the Local Union within fifteen (15) days following the check date the deduction was taken. With each remittance, the Employer shall submit a report listing all employees alphabetically with their social security number and job classification. For those employees who had no deduction for the week, the Employer will provide a reason. In the event the Local Union does not want to receive a weekly remittance, the Employer will provide a monthly remittance by the fifteenth (15th) day of the following month.

However, if this option is chosen, the Employer will still make weekly deductions as described above.

Where law requires written authorization by the employee, the same is to be furnished in the form required. No deduction shall be made which is prohibited by applicable law.

The Employer agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE. DRIVE shall notify the Employer of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase

“weeks worked” excludes any week other than a week in which the employee earned a wage. The Employer shall transmit to DRIVE National Headquarters on a monthly basis, in one (1) check, the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee’s Social Security number and the amount deducted from that employee’s paycheck. The Inter- national Brotherhood of Teamsters shall reimburse the Employer annually for the Employer’s actual cost for the expenses incurred in administering the weekly payroll deduction plan.

The Employer agrees to deduct certain specific amounts each week from the wages of those employees who shall have given the Employ- er written notice to make such deductions. The Employer will remit

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amounts deducted to the applicable credit union once each week. The amount so deducted shall be remitted to the applicable credit union once each month or weekly. The Employer shall not make deductions and shall not be responsible for remittance to the credit union for any deductions for those weeks during which the employee’s earnings shall be less than the amount authorized for deductions. ARTICLE 4

STEWARDS

The Company recognizes the right of the Local Union to designate job stewards and alternates from the Company’s seniority list. The authority of job stewards and alternates so designated by the Local Union shall be limited to, and shall not exceed, the following duties and activities:

(a) The investigation and presentation of grievances with his/her Company or the designated Company representative in accordance with the provisions of the collective bargaining agreement;

(b) The collection of dues when authorized by appropriate Local Union action;

(c) The transmission of such messages and information, which shall originate with and are authorized by the Local Union or its officers, provided such messages and information:

1. have been reduced to writing; or

2. if not reduced to writing, are of routine nature and do not involve work stoppages, slowdowns, refusals to handle goods, or any other interference with the Company’s business.

Recognizing the importance of the role of the Union Steward in re- solving problems or disputes between the Company and its employ- ees, the Company reaffirms its commitment to the active involve- ment of Union Stewards in such processes in accordance with the terms of this Article.

There shall be a steward or Union representative present when re- quested by the employee. The Company will make every possible attempt to include a steward or Union Representative whenever it meets with the employee to conduct investigatory interviews which

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may result in discipline or discharge or to discuss a grievance. If a steward is unavailable, the employee may designate a bargaining unit member who is immediately available at the service center at the time of the meeting to be present. Meetings or interviews shall not begin until the steward, Union representative, or designated available bargaining unit member, if requested, is present. An employee who does not want a Union steward, Union representative, or designated available bargaining unit member present at any meeting or inter- view where the employee has a right to Union representation, must waive Union representation in writing. If the Union requests a copy of the waiver, the Company shall promptly furnish it. The Local Union will be obligated to provide an adequate number of stewards per shift. What is “adequate” will be determined by the Local Union. Stewards and alternates have no authority to take strike action or any other action interrupting the Company’s business, except as authorized by official action of the Local Union. The Company recognizes these limitations upon the authorized Job Stewards and their alternates, and shall not hold the Union liable for any unauthorized acts. The Compa- ny in so recognizing such limitations shall have the authority to impose proper, nondiscriminatory discipline, including discharge. However, in the event the Job Steward or the designated alternate has led, or insti- gated or encouraged unauthorized strike action, slowdown or work stoppages in violation of this Agreement, he/she may be singled out for more serious discipline, up to and including discharge. Stewards and/ or alternate stewards shall not be subject to discipline for performing any of the duties within the scope of their authority and defined in this Section, in the manner permitted by this Section.

The Steward or the designated alternate shall be permitted reason- able time to investigate, present and process grievances on the Com- pany’s property without interruption of the Company’s operation. Upon notification to his/her supervisor, a steward shall be afforded the right to leave his/her work area for a reasonable period of time to investigate, present and process grievances and to represent a fellow employee concerning grievances or discipline so long as such activi- ty does not interrupt the Employer’s operations. The Company will make a reasonable effort to ensure that its operations are not inter- rupted by the steward’s engaging in such activities. The Company shall not use interruption of its operation as a subterfuge for denying

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such right to the steward. Time spent in handling grievances during the job steward’s or his/her designated alternate’s regular working hours shall be considered working hours in computing daily and/or weekly overtime if within the regular schedule of the “job steward.” The Employer shall only be obligated to respond to information re- quests that are approved by the business agent of the Local Union assigned to represent employees covered by this Agreement. Union stewards shall be allowed to wear a Union Steward pin while on the Employer’s property.

ARTICLE 5

Section 1. Seniority

(a) Upon completion of the probationary period, the employee’s seniority for all purposes shall be the first (1st) day worked as a probationary employee. Seniority shall be broken only by discharge, voluntary quit, normal retirement, or more than a three (3) year lay- off, employees on workers compensation leave or other leave.

(b) A list of employees arranged in the order of their seniority shall be posted on the Union bulletin board no less often than once every six (6) months. A copy of the seniority posting shall be sent to the Local Union.

(c) Any controversy over the seniority standing of any employee on the seniority list shall be subject to the grievance procedure. An em- ployee shall have thirty (30) days to protest his/her placement on the seniority list once it is first posted. If there is no written protest with- in this thirty (30) day period, the employee shall not have a right to challenge his/her placement on the list thereafter.

(d) For full-time employees there shall be two seniority lists, “local cartage” and “over-the-road.” There shall also be a separate “casual local cartage” seniority list. Employees in the following classifica- tions shall be included on the local cartage seniority list: all truck drivers, helpers, dock workers, jockeys, and such other employees as may be presently or hereafter represented by the Union, engaged in local pickup, delivery, and assembling of freight. The “over-the- road” seniority list shall include all over-the-road drivers whose primary job is to transport freight between the Employer’s facilities.

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Nothing within this paragraph shall preclude the Company from re- questing a road driver to make extra stops to pick up or deliver freight in connection with his/her regular run or performing other local cartage work as the Company may assign. It is not the intent of the Company that this provision be utilized to diminish cartage em- ployees’ work. No local cartage city employee having a CDL can be forced on a road run that has a lay-down. In those Service Centers in which there are more local cartage CDL employees than CDL bids, Local Cartage employees holding a CDL shall be allowed to bid on all local cartage positions, both CDL and non-CDL. If there is an insufficient number of CDL qualified drivers to fill existing full time local cartage CDL driving bids at the time of the bids, the junior CDL holder(s) will not be awarded the bid on the non-CDL jobs. Road drivers who do not possess a scheduled run(s) with the same start time will have the option to pass on available loads if a road driver with less seniority is available to make the run provided there are more drivers than loads.

(e) The Company shall offer extra city or dock work to road em- ployees who are on layoff and who are qualified and immediately available for city or dock work prior to using casual employees, except where there is a mutually agreed procedure to the contrary. No road employee shall gain “local cartage” seniority under this provision, but he/she shall accrue Company seniority.

(f) The following shall apply to casual employees: 1. For employees hired after ratification of this Agreement, the first

(1st) day of orientation as a casual will be the casual seniority date. If more than one (1) employee starts orientation on the same date, seniority shall be determined by application date and time. 2. A casual employee laid off due to lack of work for less than one year will retain his/her casual seniority. Company and job classification se- niority shall be lost due to discharge, voluntary quit or retirement. 3. The date a casual employee obtains full-time employment shall be the employee’s regular seniority date.

4. A casual employee whose layoff exceeds one (1) year shall be considered to have been terminated and shall lose seniority, but may reapply for employment.

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5. A full-time employee’s seniority shall prevail over a casual em- ployee’s seniority in case of layoff.

6. If a full-time position is available for bid, and is not bid upon by a qualified regular full-time employee, the casual employee with the most seniority who bids on the position will be awarded the position if he/she meets the minimum qualifications of the position. 7. Casual employees will be laid off and recalled to their job classi- fication in accordance with Section 2 below.

8. When a casual dockworker or combination of casual dockwork- ers works the same shift for eight (8) continuous hours forty-five

(45) days in ninety (90) consecutive calendar days, other than as a temporary replacement for an employee on vacation or leave of ab- sence, the Company shall create a full-time position that it may clas- sify, at its discretion, as a full-time dock with CDL or full-time dock only; pay will be in accordance with Article 26.

9. When a casual clerical employee or a combination of casual cler- ical employees works the same shift for eight (8) continuous hours forty-five (45) days in ninety (90) consecutive calendar days, other than a temporary replacement for an employee on vacation or leave of absence, the Company shall create a full-time clerical position. Pay will be in accordance with Article 26.

(g) In developing the initial Local Cartage seniority list referenced above, the Company shall use the employee’s Company seniority date unless a particular employee transferred into his/her current service center from another service center. In such event, the em- ployee’s transfer date to the current service center shall be used to develop the seniority list.

(h) After road work has been offered within its classification, the following shall apply. If needed, the Employer shall post, for all qualified local cartage CDL employees a list of the road runs for vacation, sick/personal days and absence for any other reason. Upon completion of the covered work, the employee shall return to his/her regular local cartage bid work. The vacancies must be for five (5) consecutive days and will be covered by the qualified local cartage employees that sign the list in Company seniority order.

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(i) When a qualified jockey employee is forced into the jockey bid, the parties will meet for resolution, recognizing the principles of seniority. Section 2. Layoffs

(a) When it becomes necessary to reduce the working force, the last employee hired on the affected classification seniority list shall be laid off first, unless CDL qualifications are necessary. The affected regular employee may bump the most junior employee in another job classification provided the bumping employee is qualified to do the job. The bumping employee goes to the bottom of the new job classification seniority list. If the employee exercises the right to bump and receives a recall notice, the employee must return to the position from which he/she was laid off.



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