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