We were told that the railroad has a problem with a bridge over the Mississippi river, so the railroad is running "gypos", "expeditors", what ever you want to call them-to run our trailers from CACH to Portland Oregon, and back. I see at least 3 a day Westbound and a few Eastbound. I also see them running on Saturday and Sunday. They are not UPS sleeper teams.
We also were told the railroad has contracted the drivers, and UPS has nothing to do with it.
Any ideas?
There`s been a few times that I have seen sets being dropped out front by shifters for an awaiting broker. Didn`t run the numbers on the loads to see where they are going though. Will keep an eye out next week.
We have something similar to this going on in No Jersey. One Sunday I see a gypsy pulling an FSTZ trailer w/ups seals. (Bolt seal and wire seal wrapped around top of door). So I called a shop steward asked him about it. He told me that the trailers were off loaded in a Norfolk Southern Yard and the gypsies take them to a CSX yard (maybe 3-4 miles away) where they get reloaded on another train to continue their journey and that the railyard contracts this out.
That`s similar to the Crosstown work that we supposedly won the right to switch to UPS jobs on the last contract. It`s up in `13 and I have yet to see our drivers perform it.
If it is the BNSF contracting the work, it is probably a Missouri River bridge.
UPS is the largest customer for BNSF, I think they are also UP's largest customer. I know that if there is a derailment, the railroads hire contractors to pull the trailers. It is evidently cheaper for them to hire contractors than to pay off on a service failure. UPS banks on those trains running to meet service, it would not surprise me that they have service guarantees with the railroads to pull the trailers if the trains cannot run.
Ups will hire out during periods of rail failure also. Whether they pass on the bill to BNSF is unknown.
Art 26 in the National Master Agreement:
"Merchandise that has been tendered by United Parcel Service to the railroad and moved by T.O.friend.C. will not subsequently be moved by the railroad, on the ground, to its final destination. Any exception to the above language will be in cases of an emergency or cases where the railroad must ground the merchandise early to meet the company's service committment. In those cases, every effort will be made to use UPS employees."
I have won grievances on this very language before. But, questions must be answered.
Was/Is this a true emergency? You know how the company likes to tag on "Emergency" anytime they seem to drop the ball.
Are ALL your drivers working? Some sitting home? Are some able to make a relay meet with some of these trailers? Are some able to make a laydown with some of these?
Remember, if you feel there is a contract violation, it is up to YOU or your agent, the steward or BA, to prove there has been. You and your steward have every right to track these shipments and the company must provide these trackings. YOU, as Mentoyou and others have, can track Interstate or railroad closings to prove what they say is true or not.
Document all these findings and file in a timely manner if you feel there is a violation and file every time it happens. It may/will take some time but if it's worth mentioning on here, it must be worth going after, huh?
Remember, I won BIG bucks on this language alone. Try it.
