ARTICLE 38. CHANGE OF OPERATIONS
Section 1.
(a) The Employer agrees that prior to any change in its operation that will
result in a change of domicile and/or possible layoff of seniority employees, it
shall notify the affected Local Union(s) in writing and then meet jointly with
them to inform them of the changes and to resolve questions raised in
connection with the change. This meeting shall be completed where practical
at least forty-five (45) days prior to the change. The change may not be
implemented until the forty-five (45) days� notice is provided and the meeting
is completed unless the operational change is dictated by emergency
conditions. The Union shall not unreasonably delay the scheduling or
completion of the requested meeting.
In all locations where the Employer implements �satellite� facilities, the
Employer shall meet with the affected Local Union(s) and discuss the issues
covered by this Article.
(b) Any agreed to change of operations reached by the Local Union(s) and the
Employer shall be reduced to writing and filed with the Joint National
Change of Operations Committee. It is understood that a regional area
representative of the affected region(s) shall sit on the Joint National Change
of Operations Committee.
(c) A Joint Change of Operations Committee will be established in each
Regional area and will resolve issues arising out of the proposed change of
operations. The Committee will resolve issues involving seniority application,
health and welfare, and pension coverage and layoff questions for employees
who are involved in the change. All affected parties will make reasonable
efforts to convene and attend the Regional Joint Change of Operations
Committee meeting prior to the scheduled implementation date to resolve
these issues.
If the Regional Joint Change of Operations Committee is unable to resolve
the issues, such issues shall be referred to the Joint National Change of
Operations Committee for resolution. If no resolution is reached, outstanding
issues shall be referred to the National Grievance Committee for resolution.
The Committee which decides the issues, as described above, shall retain
jurisdiction for a period of twelve (12) months following the change of
operations decision. The decision of the Committee shall be final and
binding.
Unless specifically covered in individual Supplements, Riders or Addenda,
the following shall apply:
(1.) Whenever a center is closed and the work is transferred to or absorbed by
another center, the affected employees will be entitled to follow their work
and their seniority shall be dovetailed at the new center.
(2.) Whenever a center or hub is partially closed and the work of package
drivers and all other regular employees, part-time and full-time, excluding
feeder drivers, is transferred to or absorbed by another center, the affected
employees may either follow their work and have their seniority dovetailed in
the new center or be allowed to exercise their seniority in their present center
and displace the least senior employee in their respective classifications. If
any of the employees whose work is transferred elects not to follow his/her
work, then he or she shall have the same rights as the remaining employees
on the seniority list from which the work was transferred to bid the work
being transferred. Those employees who follow the work shall have their
seniority dovetailed in the new center.
(3.) In a Change of Operations affecting feeder drivers, the following language
will apply: Whenever a center is partially closed and the feeder work is
transferred to or absorbed by another center, all feeder drivers, in seniority
order, will have the option of following the available work and have their
seniority dovetailed in the new center or be allowed to exercise their seniority
in their present center, and take whatever jobs become open as a result of
other employees following the work or taking a layoff. If a senior feeder
driver elects to take a job which has been transferred out, the displaced
employee(s) will fill the vacated job(s) by seniority until the next bid.
Section 2.
As a result of the Employer moving an operation more than seventy-five (75)
miles, all full-time employees in accordance with classification seniority who
choose to move, will have their moving expenses paid.
The expense shall include the reasonable cost of packing and the moving of
household goods or house-trailer including dismounting and mounting. The
employee(s) who transfer will have one (1) year from the date of the change
to move.
(a) Employee(s) who are transferred out of their original area where they are
covered by a Teamster Pension Trust Fund into the jurisdiction of another
pension trust fund, such employee(s) shall remain in their original pension
trust fund.
The Employer agrees to pay the required pension contributions to the
employee(s) original pension trust fund as set forth in the trust agreement,
provided there is no conflict with any collective bargaining agreement and/or
trust agreement.
