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
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Section 4.
NO CHANGE
Section 5.
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NO CHANGE
Section 6. Change of Operations
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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
drivers 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
MAS
12
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
MAS
13
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
MAS
14
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
MAS
15
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
MAS
16
protection for active drivers in the bottom
twenty-five percent (25%) of the seniority
roster shall be limited to the one thousand
dollars ($1,000) eight hundred and fifty dollar
($850) guarantee.
As soon as a factual determination has been
made that a driver in the bottom twenty-five
percent (25%) of the seniority roster is
entitled to the one thousand dollars
($1,000) eight hundred and fifty dollar ($850)
average wage guarantee, the driver’s claim
shall be paid. All other types of claims that the
driver’s work opportunities have been
adversely affected shall be held in abeyance
until determined through the intermodal
grievance procedure.
Section 4. National Intermodal
Committee
NO CHANGE
Section 5.
NO CHANGE
MEMORANDUM OF UNDERSTANDING -
PURCHASED TRANSPORTATION
Section 6. Purchased Transportation
The undersigned parties have reached
agreement regarding Purchased
Transportation Service (PTS) and outline the
following understandings with reference to
the operation/employee protection of this
MOUSection. This MOUSection is intended
to permit a limited use of PTS for over-the-
road transportation only. Nothing in this
MOUSection is intended to permit the use of
PTS for any other operation (i.e. P & D, Local
Cartage, current intermodal, drayage, or
shuttle operations etc.). Article 29 of the ABF
NMFA remains in effect except as specifically
provided for in this SectionMemorandum of
Understanding.
Any disputes regarding PTS will be referred
to the ABF National PTS Committee
consisting of an equal number of
representatives from the Union and the
Company for resolution. Any failures to
resolve the dispute will be referred to the
National Grievance Committee.
1) All active road drivers as of the date
of ratification of the ABF NMFA
commencing in 2018 will be
protected by red circle name from
layoff directly caused by the use of
purchased transportation. per the
attached seniority lists as of the
date of ratification. For the
remainder of the agreement, red
circle protection will be extended by
name on a one (1) for two (2) basis
for road drivers hired after the date
of ratification to replace red circle
drivers that retire, quit, or are
terminated. This protection does
not apply to a road driver who has
been offered but declined a transfer
pursuant to any Change of
Operations.
2) Red circle pProtection will apply to
drivers at locations with single line
seniority if they transfer to the road
board from the local cartage board,
as long as their seniority date is
prior to the date of ratification of this
agreement..
3) For locations with separate
seniority lists that have
transferability from local cartage to
the road board provided for in an
existing supplemental agreement,
red circle protection will apply
based on their bidding seniority
date and the supplemental seniority
application. Red circle protection
will not apply if the applicable
seniority date per the supplemental
provisions is after the date of
ratification of the current
agreement.
4) Notwithstanding anything in the
ABF NMFA to the contrary, the
Employer shall be permitted to
utilize companies for over-the-road
purchased transportation substitute
MAS
17
service. The maximum amount of
over-the-road purchased
transportation shall be limited to 5%
(for the length of this agreement), of
the Employer’s total miles as under
the same methodology as was
traditionally reported on line 301
of Schedule 300 of the
DOT/FMCSA Annual Report during
any calendar year. In conjunction
with using over-the-road purchase
transportation providers, the
Company’s total combined
intermodal rail miles and purchased
transportation miles shall not
exceed 24% of the Company’s total
miles during any calendar year.
5) It is agreed that any purchased
transportation provider utilized
under this SectionMOU shall be
permitted to only make pick-ups at
an ABF customer, and drop and
pickup trailers at the Employer’s
terminal locations, but shall be
required to do so in areas of the
terminal specifically designated for
such exchange. Freight picked up
at a customer location by
purchased transportation shall be
delivered to the nearest ABF
facility(s) that can effectuate the
efficient integration of the product
into the ABF system.
6) If a red-circled driver is available
(which includes the two (2)-hour
period of time prior to end of his/her
rest period) at point of origin when
the trailer leaves the terminal or
customer yard via purchased
transportation, such driver’s
runaround compensation shall start
from the time the trailer leaves the
yard. Available red-circled drivers
at relay points shall be protected
against runarounds if a violation
occurred at the point of origin. If the
Employer does not have an over-
the-road domicile at the point of
origin, the Employer shall protect
the red-circled employees against
runaround of the available drivers
at the first relay point over which the
freight would normally move had it
not been placed on purchased
transportation. Available red-
circled drivers at relay points shall
be protected against runaround if a
violation occurred at the first relay
point. Runaround protection will be
equal to the number of PTS drivers
used; i.e. for each PTS used one
aggrieved driver will be protected
regardless of the dispatch system
used at the affected terminal.
7) In the event a Union carrier
becomes available to the Company
and said carrier is cost competitive
and equally qualified, the Company
will give such carrier first and
preferred opportunity to bid on
purchased transportation business.
The Employer shall provide to
TNFINC an up-to-date list of
purchased transportation providers
utilized within thirty (30) days of the
end of each calendar quarter. In
the event a PTS provider
repeatedly violates the conditions
established under this
SectionMOU the Union shall have
the ability to remove the carrier
from future PTS utilization.
8) The Employer shall report in writing
on a monthly basis to each Local
Union affected, the number of
trailers tendered to any purchased
transportation provider. The
Employer also shall report the
carrier’s name (including DOT
number), origin, destination,
trailer/load number, tractor
number, trailer weight and the time
the trailer/load leaves the
Employer’s yard. In addition, the
Employer shall, on a quarterly
basis, unless otherwise required,
send to the office of the National
Freight Director a report containing
all of the above indicated
information in addition to the total
number of miles the Employer
utilized with purchased
transportation, inclusive of the type
of PTS utilized, including whether
MAS
18
the purpose was for avoiding empty
miles, overflow or one-time
business opportunities such as
product launches.
9) All new business opportunities
(such as product launches) and
purchased transportation to avoid
empties shall count toward the
maximum amount of purchased
transportation. In the event of
product launches, the Company will
notify TNFINC within twenty-four
(24) hours of being awarded the
business and will provide an
overview of the PTS service being
utilized in the business opportunity.
In the event it is necessary to
temporarily exceed the limits
outlined in this agreement to further
accommodate a business
opportunity, such request shall be
made directly to TNFINC.
10) To preserve and/or grow existing
road boards, each time the
Company uses purchased
transportation providers out of the
same terminal and/or to run over
the top of linehaul domicile terminal
locations and/or relay domiciles,
said dispatches shall be counted as
supplemental or replacement runs,
as applicable, for purposes of
calculating the requirement to add
new employees to the road board.
The formula for recalling or adding
employees to the affected road
board shall be thirty (30)
supplemental runs in a sixty (60)
day period. The only two
exceptions to this condition are (a)
one-time business opportunities
(such as product launches), and (b)
runs to avoid empties.
11) On a monthly basis and until as
otherwise agreed to, the Company
will identify by name and number all
dispatch and/or manifest lanes that
have been identified as and
designated as “empty lanes”
eligible for PTS to include the
number and percentage of empty
miles currently on the two-way
traffic lane. Such business and
operational information as required
by this SectionMOU shall be
provided to the National Freight
Division on a confidential basis and
will only be reviewed by TNFINC to
ensure compliance with the
provisions of this SectionMOU.
12) All purchased transportation
carriers shall sign-in/sign-out when
arriving or departing from service
centers.
(13) Regardless of any additional
restrictions on the use of PTS,
the Company shall not use PTS
out of any location if any road
drivers at that location are on
layoff or not receiving the
equivalent of a forty (40) hour
guarantee in that location.
14) In locations where the Company
is using PTS and/or rail, the
Company shall continue hiring
efforts for road drivers as
provided for in paragraph 10
above.
ARTICLE 30. JURISDICTIONAL
DISPUTES
NO CHANGE
ARTICLE 31. SINGLE
EMPLOYER, MULTI-UNION UNIT
NO CHANGE
ARTICLE 32. SUBCONTRACTING
NO CHANGE
ARTICLE 33. WAGES, CASUAL
RATES, PREMIUMS AND COST-
MAS
19
OF-LIVING (COLA)
*SEE NATIONAL ECONOMIC
SETTLEMENT*
1. General Wage Adjustments: All Regular
Employees
All regular employees subject to this
Agreement will receive the following general
wage adjustments:
a. Effective July 1, 20182023: +$0.30$3.50
per hour on all hourly rates
+0.75008.75
cents per mile on all mileage rates
b. Effective July 1, 20192024: +$0.350.75
per hour on all hourly rates
+0.87501.87
5 cents per mile on all mileage rates
c. Effective July 1, 20202025: +$0.350.75
per hour on all hourly rates
+0.87501.87
5 cents per mile on all mileage rates
d. Effective July 1, 20212026: +$0.350.75
per hour on all hourly rates
+0.87501.87
5 cents per mile on all mileage rates
e. Effective July 1, 20222027: +$0.350.75
per hour on all hourly rates
+0.87501.87
5 cents per mile on all mileage rates
No employee shall suffer a reduction in a
wage rate as a result of this agreement.
All regular employees still in the New Hire
Progression on the effective dates of this
Agreement shall receive the appropriate
percentage adjustment.
2. Casual Rates
(a) City and Combination Casuals
Hourly rates for city and combination casuals
(CDL required) shall increase by 85% of the
general wage increase for regular employees
on the dates shown in Section 1 of this
Article.
(b) Dock Only Casuals
Effective July 1, 20182023, the hourly rate for
dock only casuals will increase to
$16.2517.50.
Effective July 1, 20192024, the hourly rate for
dock only casuals will increase to
$16.5017.70.
Effective July 1, 20202025, the hourly rate for
dock only casuals will increase to
$16.7518.00.
Effective July 1, 20212026, the hourly rate for
dock only casuals will increase to
$17.0018.25.
Effective July 1, 20222027, the hourly rate for
dock only casuals will increase to
$17.2518.50.
3. Utility Employee and Sleeper Team
Premiums
(a) Effective April 1, 2008 and in the event
Employer subject to this Agreement utilizes
the Utility Employee classification, each
Utility Employee shall receive an hourly
premium of $1.00 per hour over the highest
rate the Employer pays to local cartage
drivers under the Supplemental Agreement
covering the Utility Employee’s home
domicile. A Utility Employee in progression
shall receive the hourly premium in addition
to the Utility Employee’s progression rate.
(b) Effective April 1, 2003, the Sleeper Team
Premium will be a minimum of 2 cents per
mile over and above the applicable single
man rates in each Supplemental Agreement.
4. Cost of Living Adjustment Clause
All regular employees shall be covered by the
provisions of a cost-of-living allowance as set
forth in this Article.
The amount of the cost-of-living allowance
shall be determined as provided below on the
basis of the Consumer Price Index for Urban
Wage Earners and Clerical Workers, CPI-W
(Revised Series Using 1982-84 Expenditure
MAS
20
Patterns). All Items published by the Bureau
of Labor Statistics, U.S. Department of Labor
and referred to herein as the Index.
Effective July 1, 2019July 1, 2024, and every
July 1 thereafter during the life of the
Agreement, a cost-of-living allowance will be
calculated on the basis of the difference
between the Index for January, 2018April
2023, (published February, 2018May 2023)
and the index for January, 2019April 2024
(published February, 2019May 2024) with a
similar calculation for every year thereafter,
as follows:
For every 0.2 point increase in the Index over
and above the base (prior year’s) Index plus
3.5%, there will be a 1 cent increase in the
hourly wage rates payable on July 1,
20192024, and every July 1 thereafter. These
increases shall only be payable if they equal
a minimum of five cents ($.05) in a year. In
no case shall the cost-of living-allowance be
more than five (5) cents in any given
year.There shall be no cap on the COLA.
All cost-of-living allowances paid under this
Agreement will become and remain a fixed
part of the base wage rate for all job
classifications. A decline in the Index shall not
result in the reduction of classification base
wage rates.
Mileage paid employees will receive cost-of-
living allowances on the basis of .25 mills per
mile for each 1 cent increase in hourly wages.
In the event the appropriate Index figure is
not issued before the effective date of the
cost-of-living adjustment, the cost-of-living
adjustment that is required will be made at
the beginning of the first (1st) pay period after
the receipt of the Index.
In the event that the Index shall be revised or
discontinued and in the event the Bureau of
Labor Statistics, U.S. Department of Labor,
does not issue information which would
enable the Employer and the Union to know
what the Index would have been had it not
been revised or discontinued, then the
Employer and the Union will meet, negotiate,
and agree upon an appropriate substitute for
the Index. Upon the failure of the parties to
agree within sixty (60) days, thereafter, the
issue of an appropriate substitute shall be
submitted to an arbitrator for determination.
The arbitrator’s decision shall be final and
binding.
5. Education and Training
NO CHANGE
ARTICLE 34. GARNISHMENTS
INTENTIONALLY LEFT BLANK
ARTICLE 35.
Section 1. Employee’s Bail
NO CHANGE
Section 2. Suspension or Revocation
of License
NO CHANGE
Section 3. Drug Testing [UPDATE PER
DOT MANDATES]
NO CHANGE
Section 4. Alcohol Testing
NO CHANGE
ARTICLE 36. NEW ENTRY (NEW
HIRE) RATES
*SEE NATIONAL ECONOMIC
SETTLEMENT*
MAS
21
Full-Time New Hire Wage Progression and
Casual Rates
A. CDL Qualified Driver or Mechanics
Effective April 1, 2013July 1, 2023, all regular
employees hired on or after that date and
employees who are in progression shall
receive the following hourly and/or mileage
rates of pay:
(a) Effective first (1st) day of employment -
ninety percent (90%) of the top rate.
(b) Effective first (1st) day of employment
plus one (1) year one hundred percent
(100%) of the top rate.
B. Non-CDL Qualified Employees
Effective April 1, 2013July 1, 2023, all non-
CDL qualified employees (excluding
mechanics) hired will be subject to the
following new hire progression:
(a) Effective first (1st) day of employment -
seventy percent (70%) of the top rate.
(b) Effective first (1st) day of employment
plus one (1) year - seventy five percent (75%)
of the top rate.
(c) Effective first (1st) day of employment plus
two (2) years - eighty percent (80%) of the top
rate.
(d) Effective first (1st) day of employment
plus three (3) years ninetyeighty-five
percent (9085%) of the top rate.
(e) Effective first (1st) day of employment
plus four (4) years one hundredninety
percent (10090%) of the top rate.
(f) Effective first (1st) day of employment
plus five (5) years one hundred percent
(100%) of the top rate.
The above rates shall not apply to casual
employees. The term “top rate” is the
applicable hourly and/or mileage rate of pay
for the job classification payable under this
Agreement.
All current (on seniority list June 30, 2023
or earlier) non-CDL regular employees
subject
to this agreement as of July 1,
2023 shall continue in progression as
provided in the modified progression
schedule below. Provided however, that
no regular Non-CDL employee in
progression shall be paid less than the
new hire non-CDL rate provided for in
(c) below.
C. Modified Progression Schedule for
Non-CDL employees hired June 30,
2023 or earlier:
First day of employment up to two (2)
years
-
80% of top rate
First day of employment plus three (3)
years
-
90% of top rate
First day of employment plus four (4)
years -100% of top rate
The above rates shall not apply to casual
employees. The term “top rate” is the
applicable hourly and/or mileage rate of
pay for the job classification payable
under this Agreement.
D. The parties agree that there are
unique high cost of living areas
within the Country that may require
higher wage rates to attract, hire
and retain employees. With the
approval of TNFINC, the Employer
shall have the ability to increase the
applicable wage
rate by
classification at individual locations
if the Employer determines in its
discretion that doing so is
necessary to attract and retain
qualified employees. In the event
the Employer decides to exercise
this option, it shall provide advance
notice to TNFINC in writing.
ARTICLE 37. NON-
DISCRIMINATION
NO CHANGE
MAS
22
ARTICLE 38.
Section 1. Sick Leave
Effective April 1, 2018January 1, 2024 and
thereafter, all Supplemental Agreements
shall provide for a minimum of five (5seven
(7) days or forty (40fifty-six (56) hours of sick
leave per contract year. The Employer
agrees to comply with all Federal, State or
Local laws with regards to paid sick leave
including exemptions for bargaining
agreements.
Sick leave not used by December 31 of any
contract year will be paid no later than the
third Friday of January at the applicable
hourly rate in existence on that date. Each
day of sick leave will be paid for on the basis
of a minimum of eight (8) hours straight-time
pay or whatever the normal daily work
schedule is (e.g. 10 hours if the employee is
on a 10 hour schedule up to a maximum of
forty (40fifty-six (56) hours at the applicable
hourly rate).
Sick leave will be paid to eligible employees
beginning on the first (1st) working day of
absence.
The accrual and cash out dates for sick leave
will bemove from April 1 to January 1
annually.
The additional sick leave days referred to
above shall also be included in those
Supplements containing sick leave
provisions prior to April 1, 1976. The National
Negotiating Committees may develop rules
and regulations to apply to sick leave
provisions negotiated in the 1976 Agreement
and amended in this Agreement uniformly to
the Supplements. The Committee shall not
establish rules and regulations for sick leave
programs in existence on March 31, 1976.
Section 2. Jury Duty
Effective April 1, 2003July 1, 2023, all regular
employees called for jury duty will receive the
difference between eight (8) hours pay at the
applicable hourly wage and actual payment
received for jury service for each day of jury
duty to a maximum of fifteen (15) days pay
for each contract year.
When such employees report for jury service
on a scheduled workday, they will not
unreasonably be required to report for work
that particular day.
Time spent on jury service will be considered
time worked for purposes of Employer
contributions to health & welfare and pension
plans, vacation eligibility and payment,
holidays and seniority, in accordance with the
applicable provisions of the Supplemental
Agreements to a maximum of fifteen (15)
days for each contract year.
Employees, who have been selected to serve
on a jury, including those selected as an
alternate jury member and who are
scheduled to work shifts beginning after 4:00
p.m., will be given the option of working either
the day their jury duty begins or the day
following the day their jury duty begins and
thereafter shall not be required to work on
any day in which the jury is in session.
Section 3. Family and Medical Leave
Act
All employees who worked for the Employer
for a minimum of twelve (12) months and
worked at least 1250 hours during the past
twelve (12) months are eligible for unpaid
leave as set forth in the Family and Medical
Leave Act of 1993 (FMLA).
The Company shall construe the FMLA to
apply to all work locations covered by this
agreement regardless of the number of
employees at such work locations even if
the number of employees at any one work
location falls below the threshold set forth
in the FMLA.
Eligible employees are entitled to up to a total
of 12 weeks of unpaid leave during any
twelve (12) month period for the following
MAS
23
reasons:
1. Birth or adoption of a child or the
placement of a child for foster care;
2. To care for a spouse, child or parent of the
employee due to a serious health condition;
3. A serious health condition of the employee.
The employee’s seniority rights shall
continue as if the employee had not taken
leave under this Section, and the Employer
will maintain health insurance coverage
during the period of the leave.
The Employer may require the employee to
substitute accrued paid vacation or other paid
leave for part of the twelve (12) week leave
period.
The employee is required to provide the
Employer with at least thirty (30) days
advance notice before FMLA leave begins if
the need for leave is foreseeable. If the leave
is not foreseeable, the employee is required
to give notice as soon as practicable. The
Employer has the right to require medical
certification of a need for leave under this Act.
In addition, the Employer has the right to
require a second (2nd) opinion at the
Employer’s expense. If the second opinion
conflicts with the initial certification, a third
opinion from a health care provider selected
by the first and second opinion health care
providers, at the Employer’s expense may be
sought, which shall be final and binding.
Failure to provide certification shall cause
any leave taken to be treated as an
unexcused absence.
As a condition of returning to work, an
employee who has taken leave due to his/her
own serious health condition must be
medically qualified to perform the functions of
his/her job. In cases where employees fail to
return to work, the provisions of the
applicable Supplemental Agreement will
apply.
It is specifically understood that an employee
will not be required to repay any of the
contributions for his/her health insurance
during FMLA leave. No employee will be
disciplined for requesting or taking FMLA
leave under the contract absent fraud,
misrepresentation, or dishonesty.
Disputes arising under this provision shall be
subject to the grievance procedure.
The provisions of this Section are in response
to the federal FMLA and shall not supersede
any state or local law which provides for
greater employee rights.
The Employer may not force an employee to
use pre-scheduled vacation time as FMLA
leave, provided the vacation involved was
prescheduled in accordance with the
applicable supplemental agreement. The
Employer may not force an employee to take
the last unscheduled week of vacation as
FMLA leave.
The Employer may not force an employee
who has taken separate hours of unpaid
leave for medical reasons to substitute those
hours as accrued leave under the FMLA.
The Employer may not force an employee to
substitute accrued leave for FMLA leave if the
employee is receiving supplemental loss-of-
time disability benefits from a benefit plan
under the Agreement.
ARTICLE 39. DURATION
Section 1.
This Agreement shall be in full force and
effect from April 1, 2018July 1, 2023 to and
including June 30, 20232028, and shall
continue from year to year thereafter unless
written notice of desire to cancel or terminate
this Agreement is served by either party upon
the other at least sixty (60) days prior to date
of expiration.
When notice of cancellation or termination is
given under this Section, the Employer and
MAS
24
the Union shall continue to observe all terms
of this Agreement until impasse is reached in
negotiations, or until either the Employer or
the Union exercise their rights under Section
3 of this Article.
Section 2.
Where no such cancellation or termination
notice is served and the parties desire to
continue said Agreement but also desire to
negotiate changes or revisions in this
Agreement, either party may serve upon the
other a notice at least sixty (60) days prior to
June 30, 20232028 or June 30
th
of any
subsequent contract year, advising that such
party desires to revise or change terms or
conditions of such Agreement.
Section 3.
The Teamsters National Freight Industry
Negotiating Committee, as representative of
the Local Unions or the signatory Employer
or the authorizing Employer Associations,
shall each have the right to unilaterally
determine when to engage in economic
recourse (strike or lockout) on or after July 1,
20232028, unless agreed to the contrary.
Section 4.
Revisions agreed upon or ordered shall be
effective as of June 30, 20232028 or June
30th of any subsequent contract year.
Section 5.
NO CHANGE
Section 6.
NO CHANGE
IN WITNESS WHEREOF the parties hereto
have set their hands and seals this day of
____ ,20182023 to be effective April 1,
2018July 1, 2023, except as to those areas
where it has been otherwise agreed between
the parties.
TEAMSTERS NATIONAL ABF
NEGOTIATING COMMITTEE
Sean M. O’Brien, Chairman
John A. Murphy, Co-Chairman
ABF NATIONAL
NEGOTIATING COMMITTEE
Tony Nations, Chairman
ADDENDUM A
Work Day/work week
NO CHANGE
ADDENDUM B
Break Time
NO CHANGE
ADDENDUM C
Work Across Classifications
NO CHANGE
ADDENDUM D
(Excerpt from National Economic
Settlement)
Health & Welfare and Pension Plans
a. The Company shall continue to contribute
to the same Health and Welfare and Pension
Funds it was contributing to as of March 1,
2018June 30, 2023 and abide by each
Fund’s rules and regulations. The Company
shall execute all documents and participation
MAS
25
agreements required by each Fund to
maintain participation. The Company shall
continue to contribute at the rates required as
of March 31, 2018 June 30, 2023 as
determined by the applicable Fund.
a)
b. Health and Welfare Contribution
Increases: Effective August 1, 2018 and
each August 1 thereafter during the life
of the agreement, the Company shall
increase its contribution by the amount
determined by the Funds, as being
necessary to maintain benefits and/or
comply with legally mandated benefit
levels, not to exceed an increase of up to
$0.50 per hour (or weekly/monthly
equivalent) per year. Once a Fund
issues a determination that an increase
is reasonably necessary to maintain
benefits in a given year, the increase
shall become due and owing upon
written notice from the Fund to the
Company, provided the combined
Health and Welfare increase does not
exceed $0.50 per hour. The Article 20
approval process is no longer required.
If the Company refuses to honor a
request for an increase from the
applicable Fund, the matter shall
proceed directly to the National
Grievance Committee for consideration.
If the National Grievance Committee
deadlocks, the request of the Fund shall
prevail and be honored by the Company.
Failure to comply within seventy-two (72)
hours shall constitute an immediate
delinquency.
Effective 2023 (on the
date previously established by the
parties for payment of increases
for the applicable funds but no
later than August 1 of each year)
the company shall also contribute
an additional $0.83 per hour to be
split between the applicable
health and welfare and pension
funds as determined by the Union
Supplemental negotiating
committee. For 2024 the increase
shall be $0.63 per hour; for 2025
the increase shall be $0.80 per
hour; for 2026 the increase shall
be $0.99 per hour and for 2027 the
increase shall be $1.21per hour.
For the following funds, however, the
following fixed guaranteed contribution rate
increases shall apply:
Central States Health Teamcare
Western Teamsters Welfare Trust
(WTWT)
Central Pennsylvania Health Plan
Local 710 Health Plan
Local 705 Health Plan
Local 179 Health Plan
Local 673 Health Plan
August 1, 2018 increase $0.39 per hour
August 1, 2019 increase $0.40 per hour
August 1, 2020 increase $0.42 per hour
August 1, 2021 increase $0.50 per hour
August 1, 2022 increase $0.50 per hour
(c) Monthly, daily and/or hourly contributions
shall be converted from the hourly
contributions in accordance with past
practice.
The trigger in all Supplements for qualifying
for a week’s health and welfare contribution
will remain three days, except for
supplements that have a longer requirement.
Those Supplements on an hourly contribution
will continue their respective practices. The
trigger for the obligation to make health &
welfare contributions in Supplements that
provide for a monthly-based contribution
shall remain the same.
The trigger in all Supplements for
qualifying for a week's health and welfare
contribution will remain the same as
under the 2018-2023 Agreement. Those
Supplements on an hourly contribution
will continue with their respective
practices. The trigger for the obligation to
make health and welfare contributions in
the Supplements that provide for a
monthly based contribution shall remain
the same.
The "one-punch" rule for pension
contributions in the Chicago area pension
MAS
26
funds shall continue to apply where such
rule applied as of March 31, 2023.
If any Pension Fund rejects this
agreement because of the Company's
level of contributions or otherwise
refused to accept the contribution rate
and terminates the Company's
participation in the Fund, the Company
shall make contributions to the Teamsters
National 401(k) Savings Plan in the
amount of seven dollars and fifty cents
($7.50) per hour on behalf of the
employees in the area covered by the
Pension Fund.
Such amount shall be immediately 100%
vested for the benefit of the employee. If a
withdrawal event occurs for any other
reason, Article 27's reopener shall apply
{including the right to take economic
action).
The Company will not seek to withdraw
from any Pension Fund to which it
contributed to under the 2018-23 ABF
NMFA.
c. Pension Funds/Rates: All Pension
contribution rates shall be frozen at those
rates required by the applicable Pension
Fund as of March 31, 2018 for the duration of
this agreement. Neither the Company nor
any Pension Fund is permitted to require
contributions or payments of any
assessments, co-pays, fees or surcharges
from any employee or Union entity signatory
hereto as a result of the frozen rate.
The “one-punch” rule for pension
contributions in the Chicago area pension
funds shall apply where such rule applied
prior to the 2013-18 ABF NMFA.
Reopener: If new pension legislation is
enacted during the term of this agreement,
Article 27’s reopener provisions shall apply.
If any Pension Fund rejects this agreement
because of the company’s level of
contributions or otherwise refuses to accept
the frozen contribution rate and terminates
the Company’s participation in the Fund, the
Company shall make contributions to the
Teamsters National 401(k) Savings Plan in
the amount of six dollars ($6.00) per hour on
behalf of the employees in the area covered
by the Pension Fund. Such amount shall be
immediately 100% vested for the benefit of
the employee. If a withdrawal event occurs
for any other reason, Article 27’s reopener
provisions shall apply (including the right to
take economic action).
The Company will not seek to withdraw from
any Pension Fund to which it contributed
under the 2013-18 ABF NMFA.
ADDENDUM E
Non-CDL Driving Positions
TNFINC and ABF recognize that the
recruitment and retention of CDL-
qualified drivers continues to be
challenging, even with recent pay
rate increases and ongoing
recruitment efforts. As a result, the
Employer in connection with their
local pick-up and delivery operations
frequently must rely on local cartage
companies and other third parties to
pick up and deliver freight. This is the
case even though the use of
Employer employees to perform this
work is strongly preferred.
Moreover, the non-union local
cartage companies and other non-
union third-party carriers often do
not use CDL-A drivers to perform
portions of this work. The Employer
and TNFINC realize that this is core
bargaining unit work that, if possible,
should be performed by bargaining
unit personnel.
In recognition of these challenges
and in an effort to recapture local
pick-up and delivery work that
currently is being performed by non-
union third parties, the parties agree
as follows:
MAS
27
1.
The Employers may establish non-
CDL Driver bids. Non-CDL Drivers may
be assigned to operate box trucks (or
straight trucks, vans, etc.) in the city
operation that do not require the
possession of a CDL license, as well as
to work the dock and perform other
duties as assigned.
2.
Non-CDL Drivers will be paid per
the applicable supplemental
agreement wage scale, including
progression rates as provided for in
Article 36, Section B.
3.
To the extent any non-CDL
qualified employee bidding into a
non-CDL Driver position is at a rate
that is higher than the current non-
CDL Driver rate, he or she shall
maintain that higher rate. Existing
CDL-qualified employees shall not be
eligible to bid on non-CDL Driver
positions, except as otherwise
provided in this Section or as
otherwise mutually agreed.
a.
The earliest non-CDL
driving bid shall start no
earlier than the last peddle
run at each service center.
4.
Employees in or seeking to
obtain a non-CDL Driver position
shall be subject to the same motor
vehicle record requirements as CDL-
qualified drivers.
5.
Non-CDL Drivers may not be used
to substitute for or otherwise replace
available CDL- qualified City or P&D
Drivers in the following manner:
a.
The Employers may not utilize
non-CDL Drivers at any location
where there are CDL-qualified
City or P&D Drivers on layoff,
including daily layoff.
b.
The Employers may not deny
an available CDL-qualified City
or P&D Driver work on a given
day without first offering him
or her the opportunity to
perform work normally
handled by non-CDL Drivers,
including through the
operation of equipment that
does not require a CDL license.
In the event this occurs, the
CDL qualified City or P&D
driver shall receive his or her
normal rate of pay for the shift.
c.
The Employers may not use
non-CDL Drivers to avoid
filling vacant CDL qualified
positions or to avoid utilizing
CDL-qualified drivers in the
city or P&D operations.
6.
Employees in Non-CDL driving
positions shall not be subject to
random drug/alcohol testing unless
required by applicable law.
MOU to ABF NMFA
Profit Sharing Bonus
1. If the Employer achieves a published,
annual operating ratio of 93.096.0 or
below for any full calendar year during
this agreement (20242019 through
20272022), each employee will receive
a bonus based on their individual W-2
earnings (excluding any profit sharing
bonuses) for the year in which the
qualifying operating ratio was achieved
according to the following schedule:
ABF Published
Annual
Operating Ratio
Bonus
Amount
95.1 to 96.091.1
to 93.0
1%
93.1 to 95.089.1
to 91.0
2%
93.0 and
below87.1 to
89.0
3%
87.0 and below
4%
MAS
28
2. The profit-sharing bonus will be
distributed to the employees by separate
check within 60 days of the end of the
calendar year. An employee must be on
the ABF seniority list for the entire
calendar year in question to be eligible
for such a bonus. Any employee who
resigns, retires or otherwise incurs a
termination of employment, whether
voluntary or involuntary, during the year
in question shall not be eligible for a
year-end bonus.
3. There shall be no inter-company
charges initiated by the employer or
changes in accounting assumptions or
practices (GAAP), except as required to
conform to governmental regulation, for
the purpose of defeating the calculation
of the annual operating ratio.
MOU to ABF NMFA
Vacation Transition for Employees
hired between April 1, 2013 and March
31, 2018
Notwithstanding any other agreements, the
parties have agreed to the following
understanding of the vacation transition for
employees hired between April 1, 2013 and
March 31, 2018.
Under the Summary of General Monetary
National and all Supplemental Agreements
for the period covering April 1, 2018 through
June 30, 2023, the Vacation Eligibility
Schedule was restored to the schedule
contained in the applicable 2008 to 2013
Supplemental Agreements.
Under this schedule, regular status seniority
employees hired and establishing a Vacation
Anniversary Date between April 1, 2013 and
March 31, 2018 will begin or have begun
accruing vacation under the restored
schedule beginning with the first vacation
anniversary date on or after April 1, 2018. At
the end of that Vacation Anniversary Accrual
Period, they will have earned two weeks of
vacation time. During the transition period to
the restored Vacation Eligibility Schedule
under the 2018 to 2023 agreements, these
employees will be permitted to take one of the
two weeks of vacation time starting
immediately upon ratification of the ABF
NMFA, upon completion of at least one (1)
year of employment and otherwise qualifying,
including adherence to scheduling of
vacation, under the applicable Supplemental
Agreement.
The MOU does not apply to the supplemental
contract areas indicated below, due to the
vacation language in those supplements.
Employees hired in these contract areas,
during the time period indicated above, are
not impacted by the restoration of the 2008 to
2013 Vacation Eligibility Schedule:
1. TEAMSTERS JOINT COUNCIL 40
FREIGHT COUNCIL
SUPPLEMENTAL AGREEMENT
2. NEW JERSEY-NEW YORK AREA
GENERAL TRUCKING
SUPPLEMENTAL AGREEMENT
3. NEW JERSEY-NEW YORK AREA
AND LOCAL 701 SUPPLEMENTAL
AGREEMENT
4. JOINT COUNCIL NO. 7 BAY AREA
LOCAL PICKUP AND DELIVERY
SUPPLEMENTAL AGREEMENT
Letter of Understanding
Teamsters National Freight Industry
Negotiating Committee
And
ABF Freight System, Inc.
The parties support technological
advancement, recognizing that
innovation is necessary to ensure an
expanding economy, promote employer
growth and competitiveness.
The Employer and TNFINC agree to
establish a National Technology
MAS
29
Committee to review potential
technological changes in the freight
industry and to discuss the potential
impact of technology, training of
bargaining unit employees to use new
technology and new work opportunities
derived from technological change.
The parties agree that for the term of the
current bargaining agreement, July 1,
2023 to June 30, 2028, the Employer will
not use robots, autonomous vehicles,
or vehicles that transport freight
without a bargaining unit driver or
operator unless the parties mutually
agree in writing otherwise and the use
of such technology does not result in
the layoff of bargaining unit employees
or reduces the overall number of
bargaining unit positions.
MAS
1
NATIONAL ECONOMIC SETTLEMENT
ABF National Master Freight
Agreement
Article 33. Wages, Benefits and Cost of Living
1. General wage adjustments: All Regular Employees
(a) All regular employees subject to this Agreement will receive the following general
wage adjustments.
Effective July 1, 2023: $3.50 per hour on all hourly rates
+08.75 cents per mile on all mileage rates
Effective July 1, 2024: +$0.75 per hour on all hourly rates
+01.875 cents per mile on all mileage rates
Effective July 1, 2025: +$0.75 per hour on all hourly rates
+01.875 cents per mile on all mileage rates
Effective July 1, 2026: +$0.75 per hour on all hourly rates
+01.875 cents per mile on all mileage rates
Effective July 1, 2027: +$0.75 per hour on all hourly rates
+01.875 cents per mile on all mileage rates
All regular employees still in the New Hire Progression on the effective dates of this
agreement shall receive the appropriate percentage adjustment.
2. Casual Wages
(a)
City and Combination Casuals
Hourly rates for city and combination casuals (CDL required) shall increase by 85% of the
general wage increase for regular employees on the dates shown in Section 1 of this
article.
(b)
Dock only Casuals
Effective
July 1, 2023
the hourly rate for dock only casuals will increase to
$17.50 hr.
Effective
July 1, 2024
the hourly rate for dock only casuals will increase to
$17.75 hr.
Effective
July 1, 2025
the hourly rate for dock only casuals will increase to
$18.00 hr.
Effective
July 1, 2026
the hourly rate for dock only casuals will increase to
$18.25 hr.
Effective
July 1, 2027
the hourly rate for dock only casuals will increase to
$18.50 hr.
Article 33, Section 3. Utility Employees and Sleeper Team Premiums - No changes,
Article 33, Section 4. Cost of Living Adjustment Clause
All regular employees shall be covered by the provisions of a cost-of-living allowance as
set forth in this Article.
The amount of the cost-of-living allowance shall be determined as provided below based
on the Consumer Price Index for Urban Wage Earners and Clerical Workers, CPI-W
(Revised Series Using 1982-84 Expenditure Patterns). All Items published by the Bureau
MAS
2
of Labor Statistics, U.S. Department of Labor and referred to herein as the Index.
Effective July 1, 2024, and every July 1 thereafter during the life of the Agreement, a cost-
of-living allowance will be calculated based on the difference between the Index for
April
2023, (published May 2023)
and the index for
April 2024 (published May 2024)
with a
similar calculation for every year thereafter, as follows:
For every 0.2-point increase in the Index over and above the base (prior year's) Index plus
3.5%, there will be a 1 cent increase in the hourly wage rates payable on
July 1, 2024,
and every July 1 thereafter. These increases shall only be payable if they equal a
minimum of five cents ($.05) in a year.
There shall be no cap on the COLA.
All cost-of-living allowances paid under this Agreement will become and remain a fixed
part of the base wage rate for all job classifications. A decline in the Index shall not result
in the reduction of classification base wage rates.
Mileage paid employees will receive cost-of-living allowances based on .25 mills per mile
for each 1 cent increase in hourly wages.
In the event the appropriate Index figure is not issued before the effective date of the cost-
of-living adjustment, the cost-of-living adjustment that is required will be made at the
beginning of the first {1st) pay period after the receipt of the Index. If the Index shall be
revised or discontinued and in the event the Bureau of Labor Statistics, U.S. Department
of Labor, does not issue information which would enable the Employer and the Union to
know what the Index would have been had it not been revised or discontinued, then the
Employer and the Union will meet, negotiate, and agree upon an appropriate substitute
for the Index. Upon the failure of the parties to agree within sixty
(60) days, thereafter, the issue of an appropriate substitute shall be submitted to an
arbitrator for determination. The arbitrator's decision shall be final and binding.
Article 33, Section 5. Education and Training - NO CHANGE
Article 36. New Entry (New Hire) Rates
Full-Time New Hire Wage Progression and Casual Rates
A.
CDL Qualified Driver or Mechanics Effective April 1, 2013
July 1, 2023,
all regular
employees hired on or after that date and employees who are in progression shall receive
the following hourly and/or mileage rates of pay:
(a)
Effective first (1st) day of employment - ninety percent (90%) of the top rate.
(b)
Effective first (1st) day of employment plus one (1) year- one hundred percent (100%)
of the top rate.
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B.
Non-CDL Qualified Employees Effective April 1, 2013,
July 1, 2023,
all non-CDL qualified
employees (excluding mechanics) hired will be subject to the following new hire progression:
(a)
Effective first (1st) day of employment - seventy percent {70%) of the top rate.
(b)
Effective first (1st) day of employment plus one (1) year - seventy five percent (75%)
of the top rate.
(c)
Effective first (1st) day of employment plus two (2) years - eighty-five
eighty percent
(80%)
of the top rate.
(d)
Effective first (1st) day of employment plus three (3) years - ninety
eighty-five
percent (85%)
of the top rate.
(e)
Effective first (1st) day of employment plus four (4) years - one hundred
ninety
percent (90%)
of the top rate.
(f)
Effective first (1
st
) day of employment plus five (5) years
-
one hundred percent
(100%) of the top rate.
All current (on seniority list June 30, 2023 or earlier) non-CDL regular employees subject
to
this agreement as of July 1, 2023 shall continue in progression as provided in the
modified progression schedule below. Provided however, that no regular Non-CDL
employee in progression shall be paid less than the new hire non-CDL rate provided for
in (c) below.
C.
Modified Progression Schedule for Non-CDL employees hired June 30, 2023 or
earlier:
First day of employment up to two (2) years
-
80% of top rate
First day of employment plus three (3) years
-
90% of top rate
First day of employment plus four (4) years -100% of top rate
The above rates shall not apply to casual employees. The term "top rate" is the applicable
hourly and/or mileage rate of pay for the job classification payable under this Agreement.
D. The parties agree that there are unique high cost of living areas within the
Country that may require higher wage rates to attract, hire and retain
employees. With the
approval of TNFINC, the Employer shall have the ability to
increase the applicable wage
rate by classification at individual locations if the
Employer determines in its discretion that doing so is necessary to attract and
retain qualified employees. In the event the Employer decides to exercise this
option, it shall provide advance notice to TNFINC in writing.
The above rates shall not apply to casual employees. The term "top rate" is the applicable
hourly and/or mileage rate of pay for the job classification payable under this Agreement.
MOU to ABF NMFA
Profit-Sharing Bonus
1.
If the Employer achieves a published, annual operating ratio of
93.0
96.0 or below
for any full calendar year during this agreement
(2024
2019 through
2027
2022),
each employee will receive a bonus based on their individual W-2 earnings
(excluding any profit sharing bonuses) for the year in which the qualifying
operating ratio was achieved according to the following schedule:
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ABF Published Annual
Operating Ratio
Bonus
Amount
91.1 to 93.0
1%
89.1 to 91.0
2%
87.1 to 89.0
3%
87.0 or below
4%
2.
The profit-sharing bonus will be distributed to the employees by separate check
within 60 days of the end of the calendar year. An employee must be on the ABF
seniority list for the entire calendar year in question to be eligible for such a bonus.
Any employee who resigns, retires or otherwise incurs a termination of
employment, whether voluntary or involuntary, during the year in question shall not
be eligible for a year-end bonus.
3.
There shall be no inter-company charges initiated by the employer or changes in
accounting assumptions or practices (GAAP}, except as required to conform to
governmental regulation, for the purpose of defeating the calculation of the annual
operating ratio.
Health & Welfare and Pension Plans (ADDENDUM)
b)
The Company shall continue to contribute to the same Health and Welfare and Pension
Funds it was contributing to as of June 30, 2023 and abide by each Fund's rules and
regulations. The Company shall execute all documents and participation agreements
required by each Fund to maintain participation. The Company shall continue to
contribute at the rates in effect as of June 30, 2023.
c)
Effective 2023 (on the date previously established by the parties for payment of
increases for the applicable funds but no later than August 1 of each year) the company
shall also contribute an additional $0.83 per hour to be split between the applicable
health and welfare and pension funds as determined by the Union Supplemental
negotiating committee. For 2024 the increase shall be $0.63 per hour; for 2025 the
increase shall be $0.80 per hour; for 2026 the increase shall be $0.99 per hour and for
2027 the increase shall be $1.21per hour.
d)
Monthly, daily and/or hourly contributions shall be converted from the hourly
contributions in accordance with past practice.
The trigger in all Supplements for qualifying for a week's health and welfare contribution
will remain the same as under the 2018-2023 Agreement. Those Supplements on an
hourly contribution will continue with their respective practices. The trigger for the
obligation to make health and welfare contributions in the Supplements that provide for a
monthly based contribution shall remain the same.
The "one-punch" rule for pension contributions in the Chicago area pension funds shall
continue to apply where such rule applied as of March 31, 2023.
If any Pension Fund rejects this agreement because of the Company's level of
contributions or otherwise refused to accept the contribution rate and terminates the
Company's participation in the Fund, the Company shall make contributions to the
Teamsters National 401(k) Savings Plan in the amount of seven dollars and fifty cents
($7.50) per hour on behalf of the employees in the area covered by the Pension Fund.
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Such amount shall be immediately 100% vested for the benefit of the employee. If a
withdrawal event occurs for any other reason, Article 27's reopener shall apply {including
the right to take economic action).
The Company will not seek to withdraw from any Pension Fund to which it contributed to
under the 2018-23 ABF NMFA.
ADDITIONAL HOLIDAYS - The Company accepts the union proposal to add MLK day as an
additional paid holiday in all supplements.