04 August 2016

Carhaul Drivers Eastern Area

Summary Of Non-Economic Changes Contained In The NMATA Tentative Agreement

EASTERN AREA SUPPLEMENT PROVISIONS

The following changes to the current language of the Eastern Area Supplement are detailed in the NMATA Tentative Agreement referendum ballot materials:

PART I – GENERAL, TRUCKAWAY, YARD AND SHOP OPERATIONS

ARTICLE 38, SECTION 4 (ADDRESS, PHONE CHANGE)

Added: Each employee to notify Employer, in writing, of email address changes.

ARTICLE 38, SECTION 8 (ADDITIONAL HELP)

Modify Section 8 to include: The Employer may utilize email as the exclusive means for offering additional help opportunities to employees. If offered additional help at an elected terminal, the employee must accept the additional help offer. Application of these provisions are described in a Memorandum of Agreement, dated June 26, 2015 and included as part of the Eastern Supplement referendum materials

ARTICLE 42, NEW SECTION 6 (USE OF OUTSIDE EQUIPMENT)

Insert new Section 6 as follows: Any Company must be fully signatory to the National Agreement of NMATA and fully signatory to the Eastern Supplement or fully signatory to the Central-Southern Areas Supplement or the Western Area Supplement and operating under conditions similar to those referenced herein, to utilize Article 42.

ARTICLE 46, SECTION 8 (FILLER LOADS)

Modify Section 8 to delete percentage of revenue pay method and insert drivers shall be paid: (a) Mileage Pay. The total progressive mileage rate based on the aggregate of units involved on the filler load from the point of origin to the final destination; (b) Skid Drops. The total progressive skid drops from the point of origin to the final destination.

ARTICLE 48, SECTION 14 (TOOL ALLOWANCE)

Modify 4th paragraph of Section 14 as follows: Employer insurance with respect to the mechanics tools and tool box covering those situations of forced entry to the shop or fire, with the maximum liability up to fifteen thousand dollars ($15,000.00).

ARTICLE 51, SECTION 1 (HOLIDAYS)

Modify Section 1 and Section 4 to provide two annual personal holidays for employees hired before 9/1/2015, eliminating the Presidential Election Day holiday and the eight hour “Christmas Bonus” payment. Employees hired after 9/1/2015 receive one annual personal holiday.

 

ARTICLE 55, SECTION 1 (WORKDAY – WORKWEEK HOURLY RATED EMPLOYEES)

Modify Section 1 to provide: Deletion of restrictions on work schedules for both Saturday and Sunday for hourly rated employees on a non-traditional workweek, consistent with existing Local Riders.

ARTICLE 55, SECTION 2 (WORKDAY – WORKWEEK OVERTIME)

Modify Section 2, second paragraph, to include as follows: No employee shall be required to work more than ten (10) hours on any one (1) eight (8) hour shift or twelve (12) hours in any ten (10) hour shift. Employees shall be required to work whatever hours the release gate is open or are required to meet customer needs. Shifts for yard and rail employees may be adjusted to mirror plant/customer schedules. Start times may be adjusted up to four (4) hours daily, based upon customer needs.

ARTICLE 58 (TERMINATION CLAUSE)

Modify Article 58 to provide for reopener negotiations between TNATINC and NATLD in the event any Employer, excluding driveaway operations, opens a terminal in, or obtains port traffic or yard business originating in, any of the states covered by the Eastern Area Supplemental Agreement during the term of this Agreement.

 

PART II – DRIVEAWAY

For new driveaway operations locating within the Eastern Area only, modifications to current language is contained in the Eastern Area Supplement referendum materials for the following Eastern Area Driveaway Supplement Articles:

ARTICLE 59, SECTION 1 (SCOPE OF AGREEMENT)

ARTICLE 60, SECTION 1 (NEW EMPLOYEES)

ARTICLE 60, SECTION 3 (CHANGE OF ADDRESS)

ARTICLE 62, SECTION 1 (SENIORITY)

ARTICLE 62, SECTION 2 (TERMINAL LAYOFFS)

ARTICLE 62, SECTION 4 (ADDITIONAL HELP)

ARTICLE 65 (EXAMINATIONS AND IDENTIFICATION FEES)

ARTICLE 66 (LODGING)

ARTICLE 67 (REPORTING AND DISPATCH TIME)

ARTICLE 68, SECTION 1 (VACATIONS)

ARTICLE 68, SECTION 2 (VACATIONS)

ARTICLE 68, SECTION 6 (VACATIONS)

ARTICLE 69, SECTION 1 (HOLIDAYS)

ARTICLE 69, SECTION 2 (HOLIDAYS)

ARTICLE 70 (PENSION AND HEALTH & WELFARE PAYMENTS)

ARTICLE 71, SECTION 2 (PAY CONDITIONS – PAYDAY)

ARTICLE 71, SECTION 3 (PAY CONDITIONS)

ARTICLE 71, SECTION 4 (PAY CONDITIONS)

ARTICLE 71, SECTION 5 (PAY CONDITIONS)

ARTICLE 73 (SPECIAL DRIVERS)

ARTICLE 74, SECTION 2 (LAYOVERS, BREAKDOWNS OR IMPASSABLE HIGHWAYS) (FORMERLY ARTICLE 75)

ARTICLE 74, SECTION 4 (PAID-FOR TIME) (FORMERLY ARTICLE 75)

ARTICLE 75 (UNDECKING PAY FORMERLY ACCESSORIAL CHARGES) (FORMERLY ARTICLE 76)

ARTICLE 76 (DAILY GUARANTEE) (FORMERLY ARTICLE 77)

ARTICLE 77 (MILEAGE RATE) (FORMERLY ARTICLE 78)

ARTICLE 78, SECTION 2 (COST OF OPERATION) (FORMERLY ARTICLE 79)

ARTICLE 79 (FLAT RATES) (FORMERLY ARTICLE 80)

ARTICLE 81 DRIVER UTILIZATION

ARTICLE 80 (DAILY, OVERTIME AND MINIMUM, GUARANTEE) (FORMERLY ARTICLE 82)

ARTICLE 81 (MILEAGE RATE) (FORMERLY ARTICLE 83)

ARTICLE 82 (UTILIZATION OF EMPLOYEES) (FORMERLY ARTICLE 84)

ARTICLE 83 (FORMERLY ARTICLE 85)

ARTICLE 84 (BACKHAULS) (FORMERLY ARTICLE 86)

ARTICLE 85 (TERMINATION CLAUSE) (FORMERLY ARTICLE 87)