Appendix — General Teamsters, Chauffeurs, Warehousemen & Helpers, Local 249 v. Pennsylvania Truck Lines, Inc.

Supreme Court brief1984

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Text

RECEIVED

) | APK 2 + 1984

| No. 83-910

OFFICE OF THE CLERK

IN THE SUPREME COURT, U.S.

SUPREME COURT OF THE UNITED STATES —

) OCTOBER TERM 1983

GENERAL TEAMSTERS, CHAUFFEURS,

WAREHOUSEMEN & HELPERS LOCAL 249,

) Petitioner,

PENNSYLVANIA TRUCK LINES, INC.,

) | Respondent.

On Petition for a Writ of Certiorari:

, to the United States Court of Appeals

: for the

Third Circuit

APPENDIX TO

BRIEF IN OPPOSITION

— %

—_—

]

EVAN J. SPELFOGEL

BURNS SUMMIT ROVINS & FELDESMAN

Attorneys for Respondent

Pennsylvania Truck Lines, Inc.

445 Park Avenue

New York, NY 10022

(212) 702-2200 :

ON THE BRIEF:

RANDY L. LEVINE

HOWARD S. LAVIN

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT

OF PENNSYLVANIA

PENNSYLVANIA TRUCK LINES

vs. Civtl Action 82-1326

GENERAL TEAMSTERS etc.

July 9, 1982

Pittsburgh, Pennsylvania

BEFORE: HON, ALAN N, BLOCH, DISTRICT JUDGE

TRANSCRIPT OF PROCEEDINGS IN RE: APPLICATION

FOR TEMPORARY RESTRAINING ORDER

John H. Goodworth

Official Reporter

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July 9, 1982 33a

Pittsburgh, Pennsylvania (4:20 p.m.)

THE COURT: we have before us a motion for

a temporary restraining order by Pennsylvania Truck Lines

against Local 249 of the General Teamsters.

The contract dates are over with. dJhat

authority do you have to prevent the Union from striking

at this time?

MR, BRAVER: Before we address that question,

may I move for the admission of Herbert Burstein of the

New York bar, a member of the Third Circuit, and cf the

Eastern District of Pennsylvania bar, who can address those

Lssues,

THE COURT: Motion granted,

MR, BURSTEIN: May I respond to that,Your

Honor’ The National Master Freight agreement entered into

between the Teamsters and the localaffiliata, incliding,-

the defendant Union, expired on April 1, 1982.

In accordance with the arrangements made with

the International and the various locals, there was an

extension of the agreement upon e promise of retroactivity.

In this case there was one addztrona2 fact,

which testimony will develop, that tn consideration of the

committment to make them retroactive to the new date cf

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April 1, 1982, which runs for approximately for three years,

there was an agreement as. to arbitration-grtevance

procedures. There 1s one fact that 1 want you to clirect

your attention to,

THE COURT: Is that agreement in writing?

MR. BURSTEIN: Yes. May I add one thing?

Because of the rather unusual status of the Pennsylvanta

Truck Lines, an agreement was made to negotiate what was

known as a rallhead rider, which would be uniform throughout

the United States, It is designed to coordinate the

truck movements with the movements of Conrail trains.

That was nego-lated by a national ccmmittee

appointed by the International, and that national committee

also represented the local affiliates, including the

defendant unton.

The understanding was that that rider would

be submitted to the membership of the Teamsters to be voted

upon, and I must advise you that the siikanetis of the

units involved voted against the rider, whereupon the

international directed that the matter be returned to the

national committee for further ccnsideration, and then

instructed all of the locals, including the defendant local,

not to take any strike action until the national committee

had concluded this matter.

The essence of what I am trying to say is that

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Ln the event the ratlhead rider is not part of the agreement,

Pennsylvanta Truck Lines 1s committed to the National

ome

Master Freight agreement,

There its no claim that the strike doesn't

arise out of a claim of the absence of a bargaining agreement.

It arises out of an alleged violation: of the terms of the

very agreementwhich we reltred.

ZI will had up a letter dated March 3l,

addressed to Mr. Clemens, the Pittsburgh manager of the

Teamster local here, and a letter addressed to Mr. Robbins

who happened to have been the chairman of the naticnal

committee to which I averted, and then a telegram by

Mr. Robbins as chairman representing the International

tnstructing and advising there had been an anti-vote on

this raitlhead rider saying you are instructed that no

action ils to be taken against the employer, Pennsylvanta

Truck Lines, until further advice from the Internaticnal.

TME CCURT: Isn't that an internél_matter

within the Union? What authority is the basis of your

right to prevent them from going on strike?

MR, BURSTEIN: The bargaining agreement,

THE COURT: Show me.

MR, BURSTEIN: All right. Here is the

agreement, and 1 direct your attention to page 32 -.

THE COURT: Is the one I have now the one

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expired March 31, 1982?

MR. BURSTEIN: Except it its customary that

existing agreements be extended upon the terms of retro-

activity with an understanding reflected by those letters

that in the event that a company will make retroactive

wages and benefits. The Union isn't claiming there ls no

agreement.

There is an alleged violation of the terms

of this document. They are not striking because there is

no Union, What the Union is saying is that you made an

assignment of work in violation of the seniority provisions

of the agreement, and because you did that, we strike you

rather than pursue the arbitration machinery.

There is no claim as far as the Union lis

concerned of the absence of an agreement, and I suggest

to Your Honor that in the real world of labor relations,

they exprred by agreement, sc all the terms continue in

force and effect.

This 1s not a situation which affects not

only Pittsburgh, but in New Jersey where the judge issued

an injunction of a wild-cat strike, There was an extension

of the existing agreement for retroactivity.

THE COURT: Is the extension of the existing

agreement in effect now?

MR. BURSTEIN: Absolutely.

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THE COURT: And what tells me that?

MR, BURSTEIN: The terms of this agreement

by 1tself, which also provides --

THE COURT: Refer me to the terms that you're

speaking of.

MR, BURSTEIN: Look at article 39 on pages

89 and 90 where it indicates 1t continues in full force and

effect, April 1, 1979, to and including March 31, and

continues from year to year until notice of desire to cancel.

There 1s no cancellation or termination.

—

The parties continue to negctiate, and

whatever changes that are made are retroactive,

THE COURT: Was there a written notice

of desire to terminate or cancel the agreement?

MR, BURSTEIN: There was a 60-day notice,

That notice was given, That does not automatically terminate

a collective bargaining agreement.

The parttes then proceeded to bargain in

good faith.

THE COURT: Ycuu are making a lot of statements

but what 1s the authority for that statement”

MR, BURSTEIN: The very language of thts

agreement,

THE COURT: Not the language you showed me,

MR. BURSTEIN: You have 1t before you,

| THE COURT: Tell me where to look. Lead

me along the path.

MR, BURSTEIN: No cancellation or

termination --

THE COURT: You told-me there was a notice,

MR, BURSTEIN: A notice that they wanted to

modify the agreement. The nctice given was a customary

notice that we desire to modify the existing collective

bargaining agreement. Where no notice of cancellation

or termination 1s given, the parties will continue to

negotiate, and then when they reach an agreement, It will

be made retroactive, and there are literally thousands <

carriers still negotlating with the Teamsters.

I suggest to Your Honor that one of the

s for continued operation was the letter which

cand

was i) making a committment to a retroactive adjustment,

The agreement was never terminated, No

Claim was ever made. This 1s an agreement which is made

by the International Brotherhood of Teamsters. I want to

potnt that out.

If youexamine the first page you will find

that the agreement its made by the Teamsters National

Freight Industry Committee which ts the International

Brotherhood of Teamsters. Only the International can

Initlate bargaining, and only the Internation can terminate

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and cancel.

A local unton cannot under the constitution

of the International. The locals are bound by the constitutid

of the International.

THE COURT: what you are séying is that

section 2 on page 90 says that the parties desiring to

continue said agreement, but it also says desire to

negotiate changes or revisions in this agrsement, either

party may caiiiis upon the other at least 60-days prior to

SO and so, advising that there is such desire to revise or

change the terms or conditions of Sid agreement,

MR. BURSTEIN; And the next paregraph. That

is confirmed by the letter r handed up to Your Honor,

THE COURT: Also it Says respective parties

use all legal or economic recourse to support thetr recuest

for revision if the parties fa:l to agree theretn,

MR. BURSTEIN: But the party is the

International Brotherhood of Teamsters. Page 28, article 8,

~~)

section 2,

THE COURT: There hasn't been an agreement

up to now, They haven't come to an agreement as of now.

MR.BURSTEIN: No. They are still negottating,

As @ matter of fact, the telegram whitch IL handed up to your

Honor, was a confirmation that the matter hed been returned

to the National Negotlating Committee, and we were to

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receive an advice from them as to the next step.

This 18 a continuing negotlating process

that 1s not unusual for the parties to a collective

bargaining agreement not to resort to economic force, but

to continue negotiations in an attempt to reach a new

agreement.

As a condition for the continued negotiation,

that letter was written committing the company to a

retroactive adjustment of all wages and benefits and

fringes.

The agreement is with the International,

and only the International can sanction a strike. The

International didn't sanction it. It would be contrary to

that telegram.

THE COURT: Mr. Pass, what Ls your position?

MR. PASS: Your H.nor, I am not here

representing anyone because we haven't been served. I

received a call advising that the company would be seeking

a temporary restraining order, and I came down to see what

was go0Lng on.

So I don't want to appear on the record as

appearing for the Union which has not yet been mede a

party.

if M:, Burstein ts correct that the Internationa!

18 @ party, then they should be the defendant, not the local

unton., That is the fizst objection.

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It 1s very clear that there 1s no la

collective bargaining agreement in effect. The local

unton has no standing. I would like to know why attacnss to

—EEEe sll Qe

the complaint there is a local rider signed by local unton

249 marked as their exhibit,

In any event, 1t ts signed by the local unton,

and 1t exprtred, likewise, with the last freight agreement

on March 31. We have no agreement.

THE COURT: The unton hasn't been served,

sO we can't go ahead with the hearing at this time,

MR. BURSTEIN: Ido call your attention to

the last paragraph on page 38. I think itt essential to read

that. The local unton is a signatory bound by the Naticnal

Master agreement, and under the provisions of the Nattonal

Master agreement, local unions may negotiate local riders,

The strike was called by local 249, and

I suggest to Your Honor that rule 65(a) requires that we

can apply for temporary restraining order upon giving notice

to the other side, and tf we make out theelements of a Boys

Market, subject to the restriction that we are not looking

for reltef against the International, since 1t ts not a

guilty party and subject to the admission that you don't

have a sympathy strike, therefore, Buffalo Forge doens't

apply.

That 1s @ proper party,

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THE COURT: But you didn't serve them.

MR, BURSTEIN: BPut the purpose of an applicat,

for a temporary restraining order in all labor metters,

you have an emergency sttuation, and if you can establish

the elements of Boys Market, service on the union is not

a prerequisite for the grant of injunctive reltef uncer

rule 65 (a).

One further thing, Your Honor, notice was

provided this morning.

THE COURT: I have it.

MR. BURSTEIN: If Your Honor will review

cases involving injunctive relief under Boys Market and

decisions of the Third Circuit, the grant of a temporary

restraining order following this procedure has never been

questioned,

THE COURT: There 1s a methed of proceeding

without notice. We will have to see whet that requires.

There Ls provision for proceecing without notice, That

ts what we are going to look at.

It requires “that tt clearly appear from

specific facts shown by affidavit or by the verified

complaint that immediate and irreparable injury, loss, or

damage will result to the applicant before the adverse

party or his attorney can be heard in opposition, and (2)

the applicant's attorney certifies to the court in writing

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the efforts, 1f any, which have been made to give the

. notice and the reason supporting his claim that nctice should

not be required.”

MR. BURSTEIN: well, in this instance notice

> was given. I know that the rules of court indicate that

. a grant of a temporary restraining order or preliminary

injunction, being so drastic a remedy, requires notice be

» given,

9 ——

Counsel was notified, and the union was

10 —-

notified. There are cases when notice has not been given.

5 MS _ —

In that case, one would have to have very strong reasons

why notice was not given.

. ’ I assume that is there was a riot at the

raitlhead, you could come in for immediate relief where

notice wes not given on a Saturday or a Sunday when nobocy

a : was available, that might be an excuse for failure to give

H 17

notice,

: But service of the pleadings are not required,

- ¢ 19

4 ZI submit.

i j THE COURT: It would appear, Mr. Pass, the

| 21

i kind of notice, assuming that we find irreparable harm,

- and we have to hear evidence, the notice has been given

ac required by the rules.

a ,

You mey proceed, Mr. Burstein, with whatever

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result if a temporary restraining order isn't issued.

MR. BURSTEIN: That you. -

MR. PASS: Your Honor, I might add that since

we have not been served, I do not intend to participate

in the proceedings.

THE COURT: That is your decision.

MR. PASS: And I would point out, however,

you have to show more than irreparable harm in these

Situations,

He-has to show he has a clear right, and he

has to show there is a bargaining agreement that must be

clear on its face,on the complaint, or on the affidavit.

THE COURT: The question here is whether we

can hear this motion without service on the defendant.

That has nothing to do with the likelihood to succeed. That

only has to do with the irreparable harm and notice heaving

been given.

Whether a temporary restraining order will

issue from this hearing, the likelihood of success 18 one

of the elements to be considered,

MR. PASS: Very well.

MR. BURSTEIN: I agree, I would potnt out

on page 22 of our memorandum of iaw that we have outlined

what we think are the essential elements. I call

Mallone,.

Stuart *

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1 : STUART MALLONE, having been duly sworn 4g¢ |

\ 2 | according to law, testified as follows:

| 3 DIRECT EXAMINATION

4 | BY MR. BURSTEIN:

5 Q Wit1l. you state your full name and address?

6 A Stuart Mallone, RD3, Coatesville, Pennsylvanze

7 Q By what company are you employed?

> 8 A Pennsylvania Truck Lines.

8 « In what capacity?

10 A Director of labor relations.

2 1 Q How long have you held that position?

12 a For about two months, and I have been employed

13 by the company for over two years.

15 relations?

16 A I work directly for Gerald LeClaire, vice

° 17 president of labor relations and personnel anc safety,

18 and I handle grievance matters, negotletions, and variocus

e: 19 and sundry things that deal with contractual employees of

20 the company.

‘ 21 Q I take it you are famtliar with the National

e! 22 Master Preight agreement and the local agreement?

23 A Yes.

24 Q Will you describe briefly the Wusiness of

) 2% | Pennsylvania Truck Lys:

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| A That 1s a wholly oned subsidary of Conrail.

It 1s registered a8 a common carrier in the trucking industry,

It has a multitude of facets to it.

Q Does it hold operating authority tssued by

the ICC?

A Yes.

Q Does it serve Conrail at various ratlheads

of Conrail?

A Yes, It mans the terminals and tt moves

Conrail's freight between its stations, and it services

Conrail customers in many locations.

Q Where is the Pittsburgh terminal’

A 2300 Bigler Street.

Q Wtll you describe the nature of that facility?

A The area is a trailer installation. It 1s

what we call a circus ramp in that trailers are raised on

ard off flat cars which we call plggy-back. Thet tis a

tratl-van.

Q Traltler on flat car operation’

A Yes. There are only two vans cr two tratlers

on a flat car.

Q And other terminals might provide some local

cartage?

A Ys.

P o You don't provide that in Pittsburgh” | a

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1 A No,

2 Q Describe generally what happens when a train

, 3 comes in, a trail-van comes in, with the containers.

4 a Conratl people bring the train into the ramp

5 | area which ts manned and operated by Pennsylvanta Truck

6 | Lines,

7 They take the yard tractors and offload the trains,

> 8 end they are responsible for removing the trailers from the

9 | cars.

10 Q fhat would be inbound freight?

& "1 A Yes, |

12 Q And tf a tratler containing general merchandise

‘ 13 was offloaded at Pittsburgh terminal, is tt fatr to say

e 14 the consignee would arrange to have it picked up by an

15 independent truck or own truck?

16 A Yes,

17 Q Are there outbound tratlers handled”

18 A Yes, Conversely the equipment comes tin

19 by outside train or company owned equipment. It ts then

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put on the train by Pennsylvania Truck Lines employees

21 and equipment. Pittsburgh tnvolves approximately 2300 loads

a month,

oy The trailers which are both tnbound and outbound,

2 | have @ variety of origins and destinations?

A Yes,

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Q And its the operation at Pittsburgh terminal

integrated with the operations of other railneads of Conrail*

a All across the system,

Q In the conduct of the operations at Pittsburgh;

you employ drivers?

A Yes, we do,

Q Who have been members of defendant Teamsters

local?

A Yes, 249

Q How long have they had an agreement with the

International Brotherhood of Teamsters’

A Since the existence of Conrail in 1976, and

prior to that with the old Penn Central.

Q Would you briefly describe the nature of the

traffic or commodities handled by Conrail in bringing them

in or shipping them out by Pennsylvania Truck Lines?

A The Pittsburgh terminal ts not unlike any.

other terminal within Conratl. It handles a great deal of

mail, a great deal of UPS freight, pertshable ‘freight,

general freight of all kinds,

Q = Pood stuffs?

Yes.

Seasonal merchandise?

Yes, very much so.

And the mati?

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A Yes. The mail must be at a destination

in a certain point of time. UPS freight is bound by a

contract,

Q Does Conrail have an agreement with the United

States Postal Service?

A Yes. The second largest customer tis the

Postal Service. It is required in its contract to provide

very timely service for the Postal Service.

Q Is that the kind of containers and fretght g

which you load or offload? /

A Yes. A great deal of volume of freiz.:-

handle in the Pittsburgh area is mail,

Q Does your company have a substanttal

investment tn theequipmentfor the handling of this container

freight?

A Yes, We have approximately ten vehicles in

the Pit&Ssburgh area, and they are very expensive,

Q Tell us in a narrative way what occurred

on or about Wednesday, July 8, 1982.

A On July 8, 1982, I came in at about eight

o'clock in the morning and had a phone call taken oy a

fellow worker at 7:50 a.m. from the Pitssburgh terminal that

there were picket lines starting to form.

I called the Prttsburgh terminal at abcut 8:10

and talked to the assistant terminal manager, and he c

that there were five picekts outside and a representative

from local 249,

~ Were they carrying picket signs?

‘a Yes.

Q I show you exhibit 1 for identification. W111

you identify the person on that photograph, the date when

it was taken, and what the sign consisted of?

4 Yes, The picture is of Whitey Clemens.

Q Who is he?

a Business agent for local 249 that ts

responsible for Penhsylvania Truck Lines in the Pittsourgh

area.

Q What does the sign say?

A Strike. Employees on strike. Suplovees of

Pennsylvania Truck Lines.

Q Does it have the number of the local?

A Local 249,

MR, BURSTEIN: I offer this in evidence, Your

Honor,

THE COURT: Mr. Pass, 1f you are not taking

part in this, I won't ask you, but do you destre not to take

part?

MR. PASS: Yes, Your Honor.

THE CCUBT: All right. Admitted,

is Shortly after I got off the phone with our

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Pittsburgh terminal -- Sla

EY MR. BURSTEIN:

Q I suggest that you stay with the conversation

without additional narrative. Tell the court the aan

you had with the representatives of the unton,

A As far as the pickets or the phone conversaticnr

Q Conversations with pickets and representatives

of the union. I don't want to give a long historical

narration, but the nub.

A I told local 249 shortly after eight o'clock

when I asked for the president, Charles Byrnes --

Q Did you know him?

A No, He was tn Philadelphia at a meeting IL

was told. L tried to contact him tn Philadelphia and

didn't get hold of him. I requested to talk with whitey

Clemens, and the local told me he had left, and he was on

his way over to the Pennsylvania Truck Lines,

ZI re-called the terminal to go out and please

tell Mr, Clemens that I would like to talk to him and to

please call me, oe

Clemens' response, apparently, was if you

want to talk to me, you call me, that I'm going to stay

on the picket line.

At approximately nine oblock I called the

terminal and talked and requested that Mr. Clemens come into

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the leben terminal and talk to me. I asked whitey

why he was on strike in Pittsburgh, and he said because

1f you don't honor seniority you don't need any people.

I asked him what the problem was, and -- this is

on Thursday morning.

Q Describe that incident.

A He described an incident on Wednesday of which

there was a run around with a senior man who was not used

and a junior man was used.

I said that I'm fully aware of that case, and

tf you do have a case on that, please take 1t up in the

proper grievance machinery as outlined in the Nattonal

Master Fretght agreement.

He said, no, you are on strike until you pay

the man a day's wages, and I'm not going to take these

picket lines down.

a] Did he make a request that other bidmen be

paic?

A Also to pay the other bidmen on the job that

was cancelled cn Wednesday for the remainder of the week,

Q What did you say?

A If you have a grievance problem, please

take tt up in accordance with our contract and the normal

grievance machinery.

He said I'm not going to belabor the potnt.

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He said you are on strike. ——

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e I went over and told him to please follow the

: normal procedures, and he said no, and I said did you authoride

; the strike, and he said I called the strike, if that's what

° : you want to call authorization, yes, I did it, and if there

. ls any trouble I'll take the trouble,

: At that he hung up the phone and left.

i ; Q What happened after that?

; A ZI sent three telegrams.

» : MR. BURSTEIN: The telegrams are attached to

the complaint as exhibits. I'll have them marked as a

m Single-exhibit. This 1s exhibit 2 for identification

>) zs consisting of four sheets.

o BY MR. BURSTEIN:

es Q I show you exhibit 2 for identification,

J 3 . Describe to the court what. those documents are,

: * A We haven't gotten the confirmation which comes

i 4 back on the telegrams. I did make up these, ard put tn the

P appropriate names and addresses. These were sent out,

F Q To save time, are these telegrams offering the

> i r unton to arbitrate?

4 Yes,

Q And to the Eastern Conference advising

) : that the -- advising the Teamsters of this tclegren’

a Yes.

a }

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Q And to the employees requesting that they

return to work?

nq Well,the third telegram is sent to Walter

Shea, who is in charge.

Q Assistant to the International president?

A Yes.

Q In charge of the negotiations for the

National Committee?

a Yes.

Q And telegrams to the indivgduals on the

picket line?

A Yes.

Q Requesting that they return to work?

A Yes.

MR. BURSTEIN: I offer these tn evidence.

I'll show them to evensei .

THE COURT: It is not necessary to do that.

He 1s not part of the hearing. It ts admitted. ;

BY MR. BURSTEIN:

Q What happened after the telegrams were sent?

Q ZI got in touch with Fleming Campbell with the

Eastern Conference of the Union as a representative. I

tried to reach Joe Teratoa. Joe wasn't available, He was

out. Campbell ts his righthacd man. I advised Campbell

of the strike. Campbell told me itt was not sanctioned by

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the International, and that it was a wildcat strike, and h

would watt until the telegrams had been sent and he would }

try to bring action. Z

Fast

I also got in touch with Chuck Gagner. He 1s)

the co-chairman of the National Negotiating Committee.

I telked to him tn Buffalo and told him of the situation. j

Chuck said it 1s not sanctioned and that they probably would

have to go into court.

Q Did you hear from any representatives of the

union?

A No, About one o'clock I got a call from

Charlie Byrnes, president of 249. I left word at the local

115. He did return my call.

I told him we have a strike action solng on

In Pittsburgh that 1s not authorized, what do you Know about

1t? He said I know absolutely nothing uoaait’ 2b.

I satd well, you are a business agent. whitey

Clemens pulled a wildcate strike which ts very narmful to

Pennsylvanta Truck Lines and to Conrall, and :t has completely

shut down and we are losing a lot of business.

I said we have per:tshables that need delivered

and we have mail tied up, and we are acting luke a bunch of

school boys. ZI said there is a problem that should be

handled in the negotiating committee and through the general

grievance procecure, and I wanted him to stop the strike

PENEAS CO., GATONRE, Hs, OF008 - Foam 740

56a 25

immediately. Charlie said he would call me right back, and

he would find out what was going on,

About an hour later Byrnes called me and he

said I can't stop those men; I'm down here in Philedelphta,

and the Issue 1s over a day's pay. You pay wocdy Mudd one

day's pay for lost earnings Wednesday and L'll take the

Pickets down, I said no,

He said you can go to the grievance and

get your money back later, I said if you have a problem

with grievances, you handle them tn the normal fashion,

This its an unauthorized strike and I want it stopped,

He said he was sorry, he can't do anything

about tt. He said I'm tn Philadelphia. He celled me at

approximately three o'clock. He said I will take the pickets

down if you agree to handle the grievance that we have in

the normal fashion of the procedure and that you wtll take

no action against the strikers.

Our answer was no, that they are to remove

the pickets and that if there ts &rievance work to be done

it shall be handled in accordance with the agreement that

we have, and he said everybody takes their best stand.

Q is that the end of the conversation?

“ Yes.

Q At any time up to the date of this work

stoppage did anybody at the union say there was no collective

PENGAS CO.. GAVONNE, as. e700 - foam 140

Ke |

+ foam

57a 26

bargaining agreement between the Pennsylvanta Truck bien

and the union and the International Brotherhood?

a No, sir,

Q Did Byrnes say to you that the strike was

because there was no contract tn effect?

8 He hinted that there a number of trucking

compantesthat did not Sign collective bargaining, also

with the National Master Freight agreement. He hinted

that hits Prttsburgh people would probably not want to be 4

part of the agreement,

I stopped Mr. Byrnes and said if you have

@ problem with your international, that is between you and

the international, and not between Pennsylventa Truck Lines,

Q Do you know tf the defendant unton was

represented at the negotiations for the National rétlhead

rider?

> Yes,

C Siieen Aprtl 1 and July 8 were there

any grievances that arose at the terminal at Pittsburech:

A Yes, two pend ting.

Q Are they pending against the grlevance

committee? i

6 Yes,

Q in accordance with the collective bargaining

agreement ?

Oe | a

. :

TRE ET OLN, **

Paueas CO.. GATONNE, H.1. OF008 - FORM 40

1* phe 2 . ° ° ee ee er ee ake ee ee

A Yes.

Q Submitted to the joint committee as provided

for in the agreement

A Yes.

Q Did anybody suggest that they could strike

rather than submit it to the committee under the contract?

A No,

Q You say two are presently pending?

A Yes, sir.

Q Tell the court the effect of the impact of

this wildcat strike on the operations of Pennsylvania Truck

Lines and customers, and what occurred, and detail the

experiences with the mail.

A Because our volume is about 2300 tretlers

a month, and Thursdays and Fridays are historically large

days in the shipping of business, we have pertishables tied

up at the terminal,

We have mail tied up at the terminal. W,

have UPS freight tied up, and tt has created a major

problem for the Pennsylvania Truck Lines as far as goodwill

with its customers, and more importantly, Conrail, which ts

the operator and owner of the rail system which these

people are shipping by, although Pennsylvanta Truck Lines

are a wholly owned subsidiary of Conratl, it ts in essence

a vendor, and right now Pennsylvania Truck Lines is in great

( 4

PENGAS CO., BAYONNE. H.2. ePeeR

BR.

m | os

harm of having its contract removed from the Pittsburgh

area by Conrail.

Q is 1t a fact that at certain stations and

railheads, Conrail tis served by independent truckers not

affilated with Pennsylvanta Truck Lines?

7 Yes, There are a number where Pennsylvanta

Truck Lines has an outside vendor.

We have lost the contract,

Q ITs there anything that prevents Conrail

terminating the agreement with Pennsylvania Truck Lines?

A Nothing whatsoever,

Q what happened with the matl that came into

the ratlhead and what happened to the containers with that

mail?

A There were two loads that come after the

mail drivers, about nine 'clock in the morning -- the two

drivers were stopped at the Picket lines, and they were

apparently yelled at by these Picketeers, got scared, and

left,

About 9:30, Mr, Conroy, who ls a ma1l supervis

and inspector, came over and talked to Mr, Clemens and

Picketeers and told them there were federal laws against

anybody restricting the movement of mail,

There were statements that they are not

obstructing mail, but Just covering their bread and butter, abe

. pee By

tee «+ were 5 Oe wer ** ‘gee POM , 3° ed , feeter tet e* Gor. MF . . x es"? -~.. er as

’ tf you take a load out, a railraod tie will fall from

\ ? 1 an overhead bridge and go through your windshield.

’ Q Has them been violence?

” A We have had several instances of violence.

Pennsylvania Truck Lines has had all the titres slashed on

a all its vehicles, since yesterday, and we had an instance

, last night where a maintenance supervisor came into the

® | termznal at 11:30 last night.

. He was threatened with bodily harm at the

™ gates by the picketers, and the titres of the truck were

= slashed.

ve There are Conrail police on hand. There is

) . ” a lot of jeering. We had two stanttons which ratsed the

tg trailers on the trains solen.

Q They are nct there?

fi " The police are there, but the terminal ts

3 ” such that it Is pretty hard to protect.

” . Ate they stantions for the operation of the

: ss rail cars?

| . 20 | A You can't run the operation tf you don't have

ne 27 | the two stantions.

xe What freight remains in the yard?

” o All of the general freight other than a coupte

4 | oof loads of mail that they haven't been able to get out.

4 25

Q They had to bring the mail back to the post

PEnGAe Ce., SATONEE, as. erees - foam ree

ie Se ES

6la 30

office”

Yes, because the yard ts closed and no work

can be performed.

Q What about perishables’”

“4 We still have perishables in the yard that

Conrail and Pennsylvania Truck Lines will be responsible for,

Q And Pennsylvania Truck Lines is a common

carrier in its own right?

4 Yes, str,

Q And holds a certificate from the ICC?

A Yes, and bound by all the laws.

—

Q Are you threatened with lawsuits because of °

the fatlure of performance with your common carrier duties?

A Yes,

Q Are you threatened with the loss of bustness

from these customers?

A. Yes, Conrail ts hopping mad because they

are getting the same routine through thetr customers,

—

Q Zs Pennsylvania Truck Lines ude

arbitration Immediately?

A Yes, and we have sent in the telegram where

we told them just that,

Q In terms of the one day's wages, how muc 8

that tn dollars?

A $102 approximately,

————

pancae Ce., SATORNE. Hs, O7008 + FORM 748

2 £ 8 8

a ae oF te PEAS LOOEPR S98 OME © ene ORS: eH WO wig

> oS ~~“!

ra 31

Q And what 1s the value of the freight which

ts being held up in the yard?

A Thousands and thousands of dollars. .

Q How about the cost of operating the yard

that the Pennsylvania Trucks Line’ personnel -- are

they performing any services?

A We have a number of employees, and it is

costing us itn the neighborhood of all the mechanics of about

$5000 a day eastly.

Q If the picket lines continue, will you be able

to open?

A No. This 1s very, very bad for the ratlroad

and extremely bad for the trucking company.

Q The tnterruption at the ratlhead, has it had

any impact on operations at other terminals?

A The entire system.

Q Because the train operates system-wide?

4 Yes. They load and offload through

Pittsburgh.

MR. BURSTEIN: I have nothing further.

THE COURT: Do I have the notice served by

the unton of their desire to negotiate? Do-L have a copy

of that?

MR. BURSTEIN: I don't have that. That was

served by the International, not this local. There was @

“a?

5 co.. cavennd, #.% evecs - fonm 240

—_

ne’ Ee

notice served by the International suggesting that page

38 does indicate themanner in which the parties are to continue

to negotiate.

They talk about the grievance procedure, and

I call your attention to the language that appears in the

first full paragraph. The submission of disputes at this

time to the same arbitration procedure itself 1s clear

evidence that there was a continuing agreement, that tt has

not been cancelled.

THE COURT: Is Pennsylvania Truck Lines continuing

to make contributions to pensions and welfare funds”

THE WITNESS: Yes, sir.

eR: ;

MR. BURSTEIN: As a matter of law tt ts tllegal

to make contributions unless there tis an agreement, and they

can't accept those contributions unless there is an

agreement,

THE CCURT: If there are no further questions, ycu

may step down. I'm going to mark this copy that I have of

the Master agreement as a court exhiort, and include ut tn

the record,

MR. BURSTEIN: There ts a rider that you cught to

have for completeness,

THE COURT: Is there any particular pert cof the

rider that you feel relevant tc the matter?

MR. BURSTEIN: No, Your Honor. The local riders

RE ne EL 4 eer ae

64a

—

—— - << -

—_—~-— -— -

———— ee

a —s — —

oe @ ~ @

—

Pances CO.. SATOERE. 2. OFeeR - FOG 348

“33

are adopted by local untons,.

THE COURT: And we will mark this rider as a ccurt

exhibit and include it tin the record. Based upon the

affidavits submitted by the plaintiff, and testimony given

here in court, as well as based upon the provisions of the

Master agreement, which has been made an exhibit in this

case, 1t appears, first of all, that the provisions 4s

stated in reading from article 8, section 2, on page 38, of

the agreement, and this article is the arbitration section

SS SAIC

of the agreement, and in that article, section 2 on page 38,

— antennal

second paragraph provides that the provisions of the

arbitration article shall continue to apply during that

a aes

period of time between the expiration of this agreement

and the conclusion of a negotiation or effictive date of

~~. —

the successor agreement, whichever occurs later.

I find that that provision continues the arbitration

—

requirements of the contract in effect during pertods of

————»,

negotiations and ugtil a successor agreement is negotiated,

Therefore, I find that the arbitration provisions

of this Master agreement are in effect at the present time,

—_—

I also find from the affidavits and the evidence

presented here tn court that the dispute which is the cause

of the present work stoppage is such a dispute that would be

subject to the arbitration provistons of the agreement,

I find that the strike is not a result of the

fatlure to negotiate a successor agreement, but of the

PENGAS CO.. GATONNE. a. GP002 - foam 740

grievance which is subject to the provistons of the

arbitration article of the agreement,

I further find that unless an injunction tissue

or unless a temporary restraining order issue, that the

plaintiff 1s and will continue to suffer trreparable harm,

I find that the platntiff employer will suffer

more from the denial of such a temporary restraining order

than will the unton from Ltts issuance which will require

both parties to submit their dispute to arbitration.

Therefore, at this time I am entering the temporary

restraining order,

MR. BURSTEIN: We do have a bond here as required.

THE COURT: I have a copy but it 1s not complete,

We" generally tssue them tn a greater amount, $5000, and that

ts what we will enter here.

MR, BURSTEIN: We have a slight problem of

authcrization, Wold you accept $2500,and we will

then, 1f necessary, provide additional bond?

THE COURT: Yes, According to the testimony the

amount in dispute 1s one day's pay for one inéividual, and

Z would think that $2500 would be satisfactory,

We are going to set the hearing on the preliminary

injunction for 2:00 p.m, on Thursday, July 15, 1982,

MR, PASS: The rules requtre a hearing prior to

Thursday.

pances CO.. SATOuRE. as. SFeGR - Foun Tee

‘ oo rem 10 *

' THE COURT: On what basis?

MR. PASS: IL was under the tmpresston that the rule

provides that the temporary restaining order ts entered

for three days.

THE COURT: Ten days.

MR. PASS: I would urge the court to have a hearing

si Monday. I belreve that the amount of damage 1s going to

be increased everyday because the. Lnjunction Is improperly

issued, and there is no contract.

THE COURT: It 1s scheduled for Thursday at

2:00 p.m,

MR. PASS: Thank you,

. MR, BURSTEIN: There is a matter of service. I

request the right to serve him as counsel for the unton,

THE COURT: You..have time to service on the unton

now, You have been given notice. You have already given

notice, and IL am finding on the record at this time that you

have given proper notice so 4s to allow the issuance of this

temporary restraining order,

You certainly have plenty of time and Thursday to

serve the union by the usual methods of service so they may

appear at the hearing next Thursday.

MR, BURSTEIN: I agree, but the problem is that

tomorrow ts a Saturday, and then Sunday, and we operate

seven days a week, and finding a union representative

puncae CO.. SATONNE. ms. O7002 - Fonm 748

or anybody on Saturday or Sunday --

THE COURT: I don't see a problem with serving it

on Monday. I am taking out the word "defendant's counsel"

sO 1t will read "defendant" and we wtll set the date for

service no later than 5:00 p.m, Monday, July 12, and that

gives you all day Monday to serve tit on the defendant.

MR,BURSTEIN: We will file a proper order requestins

instead of the marshal serving that we can have individuals -{

THE COURT: Our clerk's office 1s authorized to

Sign it. You don't need a court order.

MR, BRAVER: But the court doesn't have a preblem

tf we proceed as already Signed,

THE COURT: No. The clerk's office has authority

to sign it, We wanted to make sure,

MR, BRAVER: May we have permission to serve a

conformed copy on the union?

THS COURT: Yes. I think that ts all that is

required, If there 1s nothing further, we will adjourn,

(Court adjourned at 5:30 p.m.)

I hereby certify € the foregoing be an or

transcript of the proceeW@ings, oxtistl abate

LAnSEITES Res

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FREIGHT

RIE Ta ERS i

569

di,

NATIONAL

MASTER FREIGHT

AGREEMENT

Covering

OVER-THE-ROAD

and

LOCAL CARTAGE

EMPLOYEES OF PRIVATE,

COMMON, CONTRACT AND

LOCAL CARTAGE CARRIERS

For the Period of

APRIL 1, 1979

through

MARCH 31, 1982

INDEX

Page

Accidentsa—Equipment and Reports ............ 68

coe Shop th SIT RS See rere ¥3

tn i pellet

Ball for Employees ..........6 ccc cccceecences 86

Unit Single Suataseus bop edeeweess 7

Rarge, Wiggy Back, ete. ......ccceccceedeceees Z

Bulletin Employees _ tata «Sf ae ee

Gasca ar tiny Ere Due sea a bdape ceases 17

Casual (part-time SEMNOED covecccvecececss

Change of Operations .........566.ceeceeeeuee 42

Check-off eeeeeeereeree ereeeeeere eeeeeeereeeeennee 16

Claims fer Com OO rar er 65

Closing of Terminals, etc Ce RCweseeseicetec’s 4a

Company Transfer of Title or Interest ......... 2

Compensation Claims ..........666: sce ceeeeee

of Union and Employer ........... 62

of _ DE SdivGusbccenceccccces BI

Gem MMU ci sicssccerecccsccccccees., ©

Da MEL Wale neb6006006 Cdecdcccccsesves 63

D mgereus Conditions Sista hb ecescuceaes 67

WUD ccccccccccccccccccccecccesevccccces 74

Duration of Agreement ........66.6 6c ccc eeeee 89

Emergency Reopening of Agreement .......... 16

Mengeeyess DON. ccsccccscceccccccccvccccccecs 85

ME SwenbOBeSneseerecccccccrecces 63

Employer Identification ...........6.560000es 1

Employer Recommendation ..............5565: 4

whem f y ve te CPR 58

: SEE cha vedas poscccce chon

Begalpement, Mew occcccccccccccccscccccvcccers 29

_ Page

Squipment Requirements ..... ceececes jouecdou ae

Equipment, Qualifying om .....-+++++++> enseeue 59

Exclusive Cartage Requirements .......--- sooo ae

Extra Contract Agreements ....6--sssereerers 28

Future Law ....c cece cece eenee soodevesssoconn 14

Garnbahments oo... ccc ce cee ee ree eeeeeeneeeeees 86

Grievance Machinery ......505-+eeerereeeeees 29

Grievance Procedure .... 50. .0-eeereererereeee

Grievances (Protection of Rights) .....--- sates ae

Dying .ccccovcccsccccccecscceccesccseeeasees i

Inapection Privileges .....-+0seeeereeerererers 73

Jurindictional Disputes ......-.6.0eeeeeeeeeees 78.

Jury Duly .....+-+ ednccdscdecccocnseess ooee

i dokal ne ebegbedendeneesboedecess eee 47

License sion or Revocation .......++++++ 86

Local and Short Haul Committee ......----++ +> 5

Local Union, Definition of ......-+--0eeeeeeere 2

Jann or Damage .....-.cceeceeeeeeeeereeereers 63

Maintenance of Standards .......-+-+s0e5se0e% 27

Manter Agreement ......-.0sseccerreerrrreees 4

Master Agreement, Supplements to .. «---+++>> 4

Mergers, Cle, cc. ccceceeee rere eeereraeseeeees oa

Military Clause .....cecceceeeeeereerseeeenees 66

Moving Fixpenees .....ccccecseseereeeeeeeerge 44

alti Employer, Muiti-Union Unit ...-...-+-- 7, 79

National Safety Committee ..... Janoveanecenahe 61

Negotinting Committees ......--0eeeerrererree 91

new = mals, OCC. ... cc cece ecececeneeeeeees -

ew m™ yces eee ee ee eee eee eee eee eeeeee . .

New sett boy Rates for .....cceceeeeeeeeees

Non-Diacrimination ......+6+++ ocedecer eoosese 87

Non Covered Units .........seeseeeeerrreceee 6

Page

0 of Terminals ............ teas dina ie : 4

te . eeeeeeneneeeeeeeeneeneeee

Past-Tiene TMIONOED ccc ccccccccccccscccccece 16

a Oh sdbtoccevecce Deeb ateed dsenkoudens 66

MEER Teaver orcrassteeserorscesees 3

Pig Back, Barge, 86. ..sccccccccccsececens 71

new Boy PPTTTTTTTT TICLE LE 62

protection af umes ereenesiewess eyes

urchase Pegahbedebawe dcevesves 2h

=o mall 5 ee ae 22

Qualifications .........- A RS Ares 60

en ea py OE

Reopening of A TGs bbisecteererens 1h

K GE ACCHEOMAS 2c ccccccccccccccccccccces 68

Pe eee 8

Sa CRAUSE cecccccscces eeobeaencdsneceses 3

Safe , TEE ED a re 67

Seope s Breement . 6. cece eee e ne eeeees 4

Seniority .....-+ EC ecER Ube bpdwdbeeseecccecves 20

Benlority List .......- cece cece reece eeeereenee 21

Seniority of mo ER sEbeeSotorcos 64, a

Seperabhity pnd Savings » ph hheahemiptabasty

Bick Leave ...... Shape ees obo eeCEseoeccccceoss

Bingle Bargaining Unit ..........66600000000%, 19

Standards, Maintenance eet aes 6 aucas is

State Law .ccueee TERTELILELER LET cae

Stewards ener PRR eee eee 18

Boguek Geeds occccccccccccccsesccccsccscccess 61

Subcontracting th bOeRRAbS NE ROROSD OCC ee CE Cee 79

Supplements lo Master Agreement ............ 4

Page

Suspension or Revocation of License ,.......... 86

Sympathetic Action ...........65+ Coocecee coce WO

Temporary A WT secccccccece eeveccccccss Oe

Termination of Agreement ....... Seccoet Peacs's 89

TUNG COUN odo nsbécesccccceseces Sebbdccesded 16

Mer eee eee ewer eee eee eeee ee eee ee ee . 7%

eee eee ee eeeee eee eee eee eee ee eee eere 64

Union Activities ............+. shavadae isicces 64

Union Bulletin Boards ..........6ecscceeecnee .

Unions Covered ....... Nba'ssbce saack aos hia

NATIONAL MASTER FREIGHT AGREEMENT

COVERING OVER-THEROAD AND LOCAL

CARTAGE EMPLOYEES OF PRIVATE.

COMMON, CONTRACT AND LOCAL

CARTAGE CARRIERS

for the period of

April 1, 1978 through March 31, 1982

covering:

operations in, between end ever ofl of the states.

territories and possessions of the United States, and

operations inte end out of all contiguous territory.

rar ii f g2%3%

> iy 2 | ~

Heat i

HH . fal |

Pa ive

S baal i i

4 |

He ime a

He i A ie is fl

as aati une An ih

ils ia

Conference Joint Area Commitirc,

vel HHIRETTRD TS othe

— ef zs ieee 53% Eerses

fF la idee He

zine ees Pr

i gis ald a i

<5 $5 A

i Hane

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i i

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mi ale aseetceviili

ia a ii

wen Lt

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pies Fl

set at

rill ih alt

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ul 8 eeu Ey & 1

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il SO

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(Bal fag teak Hh

qT > : 222485 ie Puiihe if

idea $4gu302 Huth 92294493

ae nba 3 3 He in

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jitatit ite lla ‘Ha Hiatt

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sown arate

(Artiste 8, Section Scum) (e) The of euch men-

the employees of he particw tion, which

ks tive ah the place er 0 eal Union

" pieces ed wassage ond ‘ormation ;

oe “Hees

(Article 4, cont.) mutual between the

» the tr tchedule witho then a the | Unions in-

uv regular

of Ume or pay time opent in han- m the of thle ection,

ta Sn ee es ee SeaGctas Sins

whether the trana

working hours in computing — tnved Cis oe

sede the Sab ba A ng ' stock one corporation hy

a another, separate corpora

ARTICLE 6. tens existence.

te earn Sean fae cpm ote oy

be an

mn Ey terminal

er operational

List

4) mp rploercmge xr

sings ht sls lige ary th a

agreements

teh i ie ea i

ical Ha a a

iy in piu diy aa ne

r ii ht oth

e Ta

THR noee

hie Le

gé

ENPIRGHA AE iH est

pe Td ee Tae

rieesnnids (ital lira

Lil ut HE ‘i : a

HHdbe i

a ne ll lea

it he

Se thy ia

: 3 a4<,28s ft: eg teas |

Tul i oe Hi o

juste erst: mi HH Cetin

Hi:

Piya AA

‘ost

ts.

sete ai Gi? TRG!

Pi oiite . arf F F

Halil BGM pdt

it it Hl ie eH ii Ara

ut ra stl

nine eit HE « fie

a i,t : ill

i etal 3 EY tae

balay Bt

ea sit i - a i |

=H i

ui: itl nA Fe ital ee

: Tae

—

S sail gunatniate

for

matters way and st

side a

the

by -Union Committee

pre ded or in A forth inthe

State and A ye

in the may

be invoked only by the Union

ve ie My it Author-

ized of Union may

foceaet ear Ol eters ae

dure, or as berdln mite.

if not f in the ve Supple-

must appear in the

Rules of ve i ee aviey

a a

to Employers and employces. . oe

. ARTICLE 8.

Hy ore tations arial . pvr waa Fd inierere.

Procedure or Agreements

below i ach tal A ieacecke

Section | for ipiien of rges,

provisions of the al

aaee te (or soe Teen

a under N Master

Agreement), be processed in

avcurdance with the grievance proce-

an concerning the inter-

con-

Agreement,

shall be to a nent

- ee Le

the age gol yee i bag Agrer-

ment, no . slow wh,

walkout or lockout shall be deemed to

adopted decision of

genrense catablished

the National Master Freight

Agreement Supplemental

Agreement;

(2) a National Grievance Committ

deadlock fo peevenes rende

nt to edu

pursua procedures pro- CoA hr

4) refusal te the negotiated

° and’ tallenge facrences

lll A Wn. thavete,

Rona fide ning

sod peti eal bs ren

"not subject ts the nrlev nce preer.

Sea: 4114433 Sit itt tt nyaT>

on juile i id iy alle i

i ua ith i iene

Palate

i et

vit a ftalk

tins ti Pat a

ae 3 aca

ae Lf ie a i

(Article 8, Section 2, cont.) ‘ geecsdere. The suspension or dis-

cha herein referred to shall be

conshires 9° Eeetiipeting ia sa walfermlyapriied te al

lation of this Agreement may be participa in such unauthorized

pay of BA OS the sole right to he

sions herein referred to. ployee’s of :

Ht te, pecitealty engerstend and The International Brotherhood of

ge Be pmplores, during Teamaters, the Teamater’s Nationa

we cak Caen Gok F Area Casfevences,” Jeint

F a

+i ae

ae oe

Tye 32

Ait 428i 1 iu

Ta . : 3 anfis

a He a

i Lc

aif iy zy

i eae i iF dul j

93a

gages gEsggisztg ayt3 Peer ae

PB aiee BN fae am i

He i nnalies i re et :

fe $s fis fis ie fa 2355 |

pli eR et

HE isi aside aT HE ee

a Py i a 3a a Gah

Nee acg

; ee Hb fie rie ap atte

int ig il

it Te i ai it a

ila

ditty

wart

ee a

——

HIHEET it i

; a ie A in

yal cli au

ie ea | Aer ‘'

4 ots il _ Hl

HEM £

i ii il

(a) Where on emeteyes te, required te

pans ni STII SLTHNAHTE 1s +

Ho Fea ii aL : Bi

ae Mth _—

a cae ih ie eal ATH

a :

(Article 8, Section 6, cont.) ' Thie provision is not intended

available regular employ. | te weave Chore

of AY lorena =) ~ or where 2 oe div

A Su ~ le opened in a locality

Agreement where there ie an ex ter

5 where Sunt cmeseyee minal. In these latter situations,

isting yt ey Macatt Thee

fF the Sf dune first osriuntly for employ

ay oy =e - mere accordance thelr. contin

a Be ye — & vous classification (road or

than offer during ms ; city) Re

wed. Dey Grapes csseging | arsival ehall he shailariy “deve

we Geant tie tailed” It + full-time

shall of bred, fe positions are nek aited in thie

sentorlly beard for biading and manner, then the

* layof purposes, but shall rotale ewe paragraph shall

icity Co EE cea met Won

of (3) When a new terminal(s) is er voluntary transfer to another

domicile shall

toon Se ae Se ee wa eee :

: ‘ “

ios

Hate

ge a

th a i a | i

a ma a it |

Tt er F Hh Fe iH if

$e i tia ia

is ae

it L a

a ied

jai = fly

4 a

i i i Ca af

iH i Hh if in a

Hi He th tnd: a

ARTICLE

Less or

Section I.

Section 2.

ARTICLE wed

fara ur, sai het TH!

ih if

tit a oe

it hyn Mh lait titi

ae eS en

Sieh

Section

® Section 4.

ed if iit £552 935 fi

; fh ne | ia

ii ‘le i

Hy! | i di a Ct ry

a ue

bt He

Ee ee ia

ee Gil ah

win grea ear

ine Hu ea

rete iti poe Hit 4 |

Pees i uy Ui

ie i al i : i i

ies i rr i Magra bat

Hid dH

-_—— =

4g ste i "3 te se uy

iil iH nie e Rr

i al ty | |

te iu maine | ii

1H a ie ae uh Ri

ref win! 23 scifi i :: : agett Hie [

at El 3 att fi iP: fii

i cia mn i

Fe Hs baie te He \

i - hae iz ines =

itl ith

1 ah rr itis hitee oT i:

id ili ie i i i uf

F ce i ei 4 shail

i Bala Hue i are ' ic i

Lea i Hf i

(Article 16, Section 6, cont.) ; April 1 1980 with recommenda-

ir Cacuditloniag by: Apel 1,1 National sepeouaatatives lor the purpose of con-

The Conference Joint Area Salety mane themaet with ap.

tee may, upon apupentien of ether Committee © federal, on matt eee viny high.

waive ai such sir way and safety, oad such

¢ as a committee meet on a quarterly

aa aed. basis with a schedule to be by

ards established by the respective chairmen.

' Any complaint arising under this Articic

(f) When the weighs a trailer, be processed through the Conference

es gt ent ny hang » Area level in accordance with rules and

tion along with his driver's orders. Uno sartinn. Withla Sree Shey wom

A (s) Au trailers shall be marked soe ol of ene Agreemen &, the scat

or y r of the

h) No driver shall be required to drive representatives whe will fo" reepessi

Oar designed with the cab under for these matters.

(1) Road equipment shail have either a; ARTICLE 17.

See ee The Jelnt Area Committes or the Na-

The Union and the trucking Industry | Pusied plore ai wa we

yi Pased of Ave (6 mandeen from end ther prviion * Lacal "Supplements

side to review tae aspects of factory Ceootig at ancontenty Ege

front axles of tractors. Other In the event an party to this

The committee shall confer with ap- | ‘eves Agreement the services of

pm yee pe of ei 8 waner at

under covalane mat t h

the National Negotiating Committees Agreement, Pree Pete Ge

—@o—

—6i—

ile oes >)

a A Ne ey vj

ron i All

itt, AEE i a3 ;

3 uy Bink ep Te ! i

i a f did it il i Hi |

he Her tet il 2

HGR in aaeta t int

ot i Sey :

lt ae i ie i

ae 7 le

ih 3% el: 35 1,

vue fe any mi

Ghi tHe ; abil arise i

ARTICLE 19.

i ui iil

ARTICLE 21.

Union

Activities

Any employee member of the Union act-

ing in a capacity whatsoever

sh discriminated against for

poe nate ne ome Senet a0 te Peren oe

of the Employer's business,

nor shall there be any discrimination

nst because of union

pe is om

operate in full compliance with all the

provisions of this Agreement and we

te certificates a

Section 3.

Section 4.

Section S.

of this Agreement. The owner-operator

shall have seniority as a driver ole.

Certificate and tille to the nt

must he in the name of the Pe meg

lating to on

owner-operators. c

m- t to pa

106a

gptiatians chee eal Cor the. pargees

ti2ze Ff rie ezstz 22 HF £82323

hel: Hi i oe Ha Me i

ia i i ‘ay, or i

Hai ie Hi ae i

ily J Sven tht et

SZ S53<2T4 2 Hi

oe ati hte a

ui Fir FETE fis }ies

if at q He i lh et

il nel #4 Fel i Ht aan

eee a

Area Committee. The decision of said

qietdinis: dis ale HF

jie a

vie i Hi it PH

UE alee

2 S55ESs3 is

pit i? ute (hemi! if

tame ara |

RnR REE ee

A aimee

3 gs 52258535] i toe f.

A a jean : ie

ast qilitie: 35E 25 - fue

Shine ii ili aH at

cf ELEHELH inisttvle

Section 14.

ue i SGT,

‘ mel We ih ith cent f

if re fa mit ee lhe il or

sts Lit lle ia Ee |

-. . ;

| kis i Git 4-33 i’ i ipa

Mee et ae

Ut: lie ae { ni rats

age er GA A

aie a

ie a Pe

Section 19. (a)

i-3: sits £5 382347] F Hey i

Bd Hviu qHall

3 F s s id 41

ae aA aHidst

hh: aideol it

Hele ieee

niall <laiiadl oh

ARTICLE 23.

[mpleyment

ae KR

Ea a4

Hal : oe 2s 35

th he at i

, Section 19, gn

332

ry nig lili

(Article 28%

jute ui a

itt 23!

1 ai | 2h

whut : i

i te ‘tut Ee te

it eae

i ae i ut f

E 5 Fie

1a, nutatifad i aR

E aT ee:

aH 134 te} jz iti jin

a Hie il

ii “Hi i

i a rat

ih is Tan tng He :

eH an ia i al ital

Hos i. i

i sf

3 sii] mi a ii

) wee | AL a

el i ia

Hedy Pea

such written notice.

i12a

éF=e3+ lsigeey 3 24\

ie Gay at! ak

ald | deh lit

Hie | ee |]

ial ae iat 2, itt ae

t dss Bayi

eee iS re i

eal yin

Suiits aE

Taal ain

eho! . aed

ARTICLE 30,

(Article 32, Section 1, cont.)

signed or oo in whole or in part te

any other plan rson or nonunil em-

pleyers, Sb otherwise provided in this

The Employer may subcontract work

when all his regular employees are

working, except that in no event shall

road work presently perfo or runs

established during life of this Agree.

ment be farmed out. No work shall

be farmed out except for existing situa.

tions entablinhod agreed to past

P verflow loads may, Be deliv:

ered by drivers other than the yer's

einployeca provided that this shall not be

used as a subterfuge to violate the provi-

sions of this Agreement. Loads may alse

be delivered by other agreed to methods

or as presently agreed Owner-Opersa-

subcontracted

which is permit herein shall receive

the hours and gee

of thin Agree:

ment and the applicable Supplement.

The normal, orderly interlining of

freight for peddle on occasional basis.

where there are parallel rights, and whee

not for the purpose of evading thi

Agreement may be continued as has bees

permitted by past practice i

not being done to defeat the provisiow

of this Agreement.

The interlining of freight or ® divisier

or tariff, for any purpose, Including boc

cartage, dock, hostling and delivery |

included within the term subcontractin

as used in this Article and may be cw

Cost of

thing

Section 2.

tinued as has been permitted

practice providing it ia not bei by past

defeat the provisions of thie Anreemen!.

Agreement, such

personne! shall ;

the wages, hours and gencral Pane

in.

arievance claiming violation of thin Ar-

ARTICLE 33.

pg gp subject to this Agreement

wb | Deg be the provis of a

reir ae a nee, as sct forth in

The amount of the cost-of-l

Livi 3

—, shali be determined oe gE oem

— as provided below on the basis of

we .—— rt Price Index for Urban

on sake ag a Clerical Workers,

ieeT sa00 Series), All Hems

aoe Geen ©. ih teen

; men

a ee referred to herein as B

Cost-of-li allowances shall

be .

tive on 1, 1979, April 1, 1980,

bt 2 |

(Article 33, cont.)

Ooaaer 1, 1980, A 1, 1981 and April

1, 1982, as set f below:

Effective Date of Are Paid Under This

Adjustments Agreement* :

October 1, 1979 a 1979 B (5

April 1, 1980 Someeey, eres 1980 —

1980)

October 1, 1980 or 1980 iro)

April 1, 1981 a » pase Ang

ebruary,

i981)

April 1, 1982 January, 1982 (Pub

t February,

1982)

(* For exsmapte, the ita. by Ue 1 ey oe

ment will

between the, damvary, 1 Lak p~ yo the

January, 1981 ! subtracting there

from the amount of wit the cost-of- diving ad-

ustments on October 1, 1979, April

, 1980 and October 1, 1980.)

The October 1, 1981 cost-of -ivé ad

ment will become effective Apel 1, 1968

when it will be paid y along

with the cost-of-living adjustment effec-

tive Aped 1, Shen ond bath wih became

reze the wage base effective April 1,

The Base Index shall be the figure

For every .3 point TS ten

there shall be a one cent (1¢) per hour

or .26 milis/mile increase in «ee

rates as indicated in the Table below

Allowance

Index Value Per Hour Per Mile

204.7—204.9 0 0

206.0—206.2 i¢ 26 mill

206.3—206.6 2¢ 50 mill

205.6—206.8 a¢ -76 mill

206.9—206.1 4“¢ 1.00 mill

206.2—206.4 &¢ 1.26 mill

206.6— 206.7 G¢ 1.60 mill

206.8—207.0 ¢ 1.76 mill

207.1—207.3 8¢ 2.00 mill

207.4—207.6 o¢ 2.26 mill

207.7—207.9 10¢ 2.60 mill

and so forth with each additional 3

point increase in the Index there is a He

hour or ae ene Sas WY. Saeeeee t n

wage rates.

The cot af-ivtng Copeman, & if any, shall

pw nd mileage

rates except where speci y provided

in the Supplemental A

otherwise gree-

nee shall not

become a fixed part of the base rates for

any cost-of

| Srl

(Article 33, cont.) ;

living allowances in effect on April 1,

1982.

decline in the Index shall not result in

2 ‘reduction of classification base rates.

nt the appropriate Index figure

: be issued tng the effective date ¢

the cost-of-living adjustment, the 1

living adjusment that is veusives will

made at the beginning of first pay

riod after pt of the Index and wi

made retroactive to the effective date.

In the event the Bureau of Labor Statis-

tics should revise or correct an —

Index figure, any adjustment that may

be coquired in the cont-of-living nllew-

ance shall be effective at the acatanng

of the first pay period after receipt

the reviaed or corrected Index figure and

no retroactive adjustments will be mace.

In the event that the Index shall be re-

vised or discontinued and in the event the

Rureau of Labor Statistics, U. 8. Depart-

ment of Labor does not issue information

which would enable the Employer anid the

Union to know what the Index would

have been had it not been revised or dis-

continued, then the Employer and the

Union will meet, negotiate, and agree

upon an appropriate substitute for the

Index. Upon the failure of the partics te

aeree in such negotiations within sixt

(80) days, thereafter, each party

Le permitted all lawful economic recourse

to support its request. The parties =

that the notice provision provided he

shall be accepted by all parties as com-

pliance with notice requirements of ap-

plicable law, so as to permit economic

action at the expiration thereof.

ARTICLE 34.

Garnish-

ments

In the event of notice te an Employer of

a garnishment or yey garnishment,

the Employer may take disciplinary ac-

tion if the em fails to satisfy such

as within a seventy-two (72)

r period (limited to working days)

after notice to the employee. However, the

Employer may not discharge any em-

ployee by reason of the fact that his

—— have been subject to garnish-

ment for any one Iindeblednens. If the

Employer is notified of three garnish-

meuts irrespective of whether sutiatiod

by the employ within the seventy-two

hour period, quployes may be subject

to discipline, including discharge in ex-

treme cases. However, if the Employer

has an established practice of discipline

or discharge with a fewer number of

poceieneme or impending garnishments

f the employee fails to adjust the matter

within the seventy-two (72) hour period,

such past practice shall be applicable

in those cases.

This Article shall be subject to applicable

law. The pertee will review the opera-

s Article after one (1) year

froin the effective date of this Agreement

in light of whatever new Icgal develop-

—— have occurred relating to garnish-

men

ARTICLE 35.

Section 1.

o_o

Emplo will be bailed out of jail if

of any offense in connection with

the faithful discharge of their duties,

and any employee forced to spend time in

jail or in courts shall be compensated at

be 3

Section 2.

or Revoca-

tion of

License

ie}

(Article 35, Section 1, cont.) .

his ular rate of pay. In odtitien, pd

shall entitled to reimbursemen'

jon, court costs,

etc. Provided eoeeeet. that faithful dis-

ness, he sha

lost and expenses incur

» event an emplo receives a traf-

ne ye ne for a pom me violation which

would contribute to & sus on or -

ocation or suffers & suspension or Ee .

ocation of his right to drive the Em

ployer’s equipmen: for any sensan, .

must promptly notify his peor panther

writing. Failure to comply will sw

the cinployce to disciplinary action up to

and including discharge. If 4—e a

n or revocation comes as

o complying with ~ Lage gr oe in-

struction, which resu ts in a

of size and weight penalties or because

he complied with his Employer's a.

tion to drive Company equipment w

is in violation of D.O.T. regulations re-

auch employee at not less than his reg-

ular earnings at the time of such sut

pension for the entire period thereof.

ARTICLE 36.

Training

Program

ARTICLE

te qualifying industry experience, a

ubcommilttce the Na Negotiat-

ing Committee has been rex “ul to

draft an on-the-job training program for

new em which coe te

utilized by individual Employers.

Such Subcommittee shall consiat of an

equal number of Union and Employer

representatives. It is agreed by the

parties hereto that said Subcommilice

with the a 1 of the Local Unions

involved shall also have the authority to

make amendments to and revisions of

the ogy of the National Maater

Frei Agreement and Supplemental

Agreements with respect wager,

fringe benefits and seniority accrual for

trainces as they deci necessary to ac-

complish any mutually agreed-to train-

ing program.

37.

The employer and the Union oeriavel

~" a ks a any me

ng, compensation

conditions of employment be-

religion,

they limit, segregate or classify em-

ployees in any way to deprive any indi-

vidual employee of r-

tunities because of race, color, caligien,

sex, oF na origin.

soll

ARTICLE

Sick

Leave

baal @

(Article 37, cont.)

Nothing herein (in seniority or other pro-

i t

visions Jews Be » Braster Agr)

rov' re

Shall oe earned or ae to deny to

any employee the eni t

nities set forth —_ shi oan i

lleged denial o a

aoctunities in violation of this Ar

shali be submitted to the grievance pro-

cedure.

foregoing provision shall be subject

tte semen ere when ener,

ed. Ve 0a de ,e 9

yet U.S. District Court for the Dis-

trict of Columbia.

38.

S April 1, 1979, all Supplemental

pc amen shall provide for four (4)

days sick leave for that cohtract oe

aml effective April I, 1980 and thereafter,

all Supplemental Agreements shall pro-

vide for five (5) days of sick leave per

contract year, ee

leave not used by Ma 3 any

ram ta year will be paid on March 31 at

the applicable hourly rate in existence »

that date. Bach day of sick leave w

paid for on the basis of cight (8) pouse

straight time pay at t applica

hourly rate.

Sick leave will he

ees beginning on t

id to eligible employ.

third tiettlen day

to that date when it will

ning on the

Jury

Duly

ARTICLE

Duration

Section I.

The additional sick leave days referred to

above shall also be inclu in those

Supplements containing sick leave pro-

visions prior to April 1, 1976. The Na-

tional Negotiating Committces may «le-

velop rules and regulations to apply to

sick leave provisions negotiated in the

1976 Agreement and amen in this

A nt uniformly to the Supplements.

The Committce shall not establish rules

and tions for sick leave programs

in ex on March 31, 1976.

Effective April 1, 1979, all regular em-

pregens called for jury duty will receive

he difference between eight hours pay

at the applicable hourly wage and actunt

payment received for jury service for

euch day of jury duty to a maximum of

ten dayn pay for cach contract year.

When such employces report for jury

service on a acheduled workday, Uhey will

net unreasonably he vequieed to report

for work that particular day.

Time spent on jury service will he con-

silered time worked for rposes. of

Employer contributions to health and wel-

fare and pe plans, vacation cligi-

bility and payment, holidays and senior-

ity, in necordance with the applicable

provisions of the Supplemental Agree-

ments to a maximum of ten days for cach

contract year.

The Agreement shall be in full force

and effect from April 1, 1979, to and in-

cluding March 31, 1982, and shall con-

tinue from meg to year thereaficr waless

written notice of desire to ca va les

SLII

Section 2.

Section 3.

Section 4.

(Article 39, Section 4, cont.)

ment is served either

ony he AE cther at least he (60)

days prior to date of expiration.

> no such cancellation oF termina-

dg ‘potice js served the parties «e-

otiate cha or revisions

ae ty Agreement, aither party ro |

serve upon the other @ a

t year, advising t ;

pons bo revise or change terms or condi

tions of such Agreement.

grecd wv or ordered shall

be effective #8 of Nort 1, 1982 or A

bsequent contract year. ‘i

parties shall be permitted

ilure

In the event of an inadvertent fa 4

rly to give notice

by cithetgections 1 oen'D of this Article,

rity may give such notice at any

= be ed to ine rmination or auleme

lic renew of this Ag

NEGOTIATING COMMITTEE

Si FOR THE LOCAL UNIONS:

TEAMSTERS NATIONAL FREIGIIT INDUSTRY

NEGOTIATING COMMITTEE

Rey Le willisms

(Co-Chairman)

M. E. Anderson

Jackie Presser

Walter J. Shea

Ray Schoessli

Gea e E. Mock

J Trerotola

Robert Holmes

William J. McCarthy

Salvatore Provenzano

ate

J. Curtis Counts, Chairman

R. F. Beagle, Vice Chairman

Vincent R. Dagen R. S. Mclivennan

R. V. Pulliam, Sr. John W. Shepard

Ape see ching hececation

Cara le

Employers of Meter Freight Carriers, Ine

Ina Motor Labor Relations

a eatatae, Te cates League

Sgil

ee ai

Kentucky Motor Carriers Labor & Operations

Advisory Council, Inc. :

Middlesex Motor Freight Carriers Association

Midwest Employers Labor Advisory Council, Inc,

Missouri-Kansas Motor Carriers Conference, Ine.

Motor Carriers Association of North Jerse

Motor Carriers Poe Association a Michigan

Motor Carriers of V nin, Ine.

New York State Em — Association, Inc.

New York State Motor Truck Association, Inc.

Northern New England Carriers Councils Inc.

Ohio Motor Carriers Labor Relations Association

Southeastern Area Motor Carriers

Labor Relation Association

Southwest Operators Association

‘Transport Employers Association

Tri-City Common Carriers Trucking Association

Truck Operators’ League of Montana, Inc.

Truck Operators Le of Oregon

Trucking Sapnoyere abor Council of Maryland-

District of Columbia

Washington Trucking Associations, Inc.

Western Empire Operators Association

Western mn ga Motor Carricrs

Assuciation, Inc.

Wisconsin Motor Carriers Labor Advisory Council

Other Associations and Employers:

Associated Industries of the Inland Empire

Irregular Route Carriers

Kansas City Cartagemen’s Association

—92—

Labor Advisory Council, Inc.

Master Truckmen of America Association

Michigan Cartagemen Association

Mountain States Employers Council, Inc.

—_ pd ay Lenn of St. Louis

lor Carrier vis

Frank G. Bri re

Gloria Ann B

Robert Bray

plant

alio "erishable Commoditica

National Steel C ——

Nebraska Small Carriers Group

Northern Ohio Motor Truck Asnociation, Inc.

Perishable Commodities Association

Sacramento Valley Employers Council

sierl i caeeepere Council

s ruckers Employer iati

United Employers, Inc. ——

IN WITNESS WHEREOF the undersi

— ee — Master Freight Beas oat

ri — Greement (and Riders, if any) sect

FOR THE UNION

LOCAL UNION No. .......

¢. Ww. & i, of Saas seeeey affiliate of 1 R. of te

(Signed)

Its

(Title)

— 93 —

"611

tho Pensa «

FOR THE COMPANY

(Company)

Bei (Bigned)

me (Titie)

llome Office Address: .

(Street)

(City)

—_— - <Biate)

Teamsters Joint Council No. 40

FREIGHT DIVISION

Embracing the Jurisdiction of

Local Unions 30, 110, 249, 261, 397,

453, 491, 538, 564, 585, 872 and 963

SUPPLEMENTAL

AGREEMENT

For the Period:

April 1, 1979 to March 31, 1982

| 8071

the Jurisdiction of

Local Unions 30, 110, 249, 261, 397, 453,

491, 538, 664, 685, 872, and 963

SUPPLEMENTAL AGREEMENT

For the Perlod:

April 1, 1979 to March 31, 1982

PREAMBLE

The Western P Ivania _ Carriers Axnsociation,

their successors, tors, executors, heirs and

assigns (hereinafter referred to as the Employer) and the

Teamsters Joint No. 40 Freight Division and Local

Unions 30, 11 1, 397, 453, 491, 638, 664, 586, 872

and 963 affilia’ the Eastern Conference of Teainsters

and the International Brotherhood of Teamsters, Chauf-

feurs, Warehousemen and Ilelpers of America (hereinafter

referred to as the Union) agree to be bound by the Lerms and

provisions of this Agreement.

This Supplemental is to and

becomes a part of the Master Agreement

eee toeyrhed yhypad pry ~ Adimed

omnes aes ee prevail over the

specific terms that Agreement the extent

ad £4 |

ARTICLE 40 — Scope of Agreement

Section 1.

Operations

Covered

mployees

Covered

in local up delivery and assembling of

freight within the area located within

jurisdiction of the Local Union, except

vided in Article 63, Sections 1 a:

any driver, chauffeur, or driver-helper operat:

ing a truck, tractor, motorcycle, passenger or

horsedrawn vehicle, or any other vehicle

erm employce also includes, but is not limited

to, all employees used in dock work, checking,

stacking, loading, unloading, handling, ship

ping, receiving, assembling, and allied work.

Student Driver

(b) Employees on student trips shall be paid in

accordance with the provisions of this Agree-

permitted carrier.

means and details of, and by which the owner-

operator performs his serv as well as the

ends to be accomplished.

Section 3. Over-the-road to this Agree

ment shall not be to perform dock

Work The prevailing Local Union City Cartage provi-

sions shall all wages and comilitions of

yun cubatieale Gillen & calien of the heme

terminal, provided the hourly wage rates are

equal to or higher than the rate in this con-

tract.

ARTICLE 41 — Union Shop and Dues

A new employee shall work under the provi-

sions of this Agreement but shall be employer!

only on a thirty (30) day trial basis, during

w period he may be discharged without

further recourse; provided, however, that the

Regier ay Oe for

the of ev Agreement or

i against Union members. Where

the seniority date of two or more employees

falls on the same date, then that employee with

the earlier punch-in shall be awarded the scnior

position.

90) cxtentar Gay qavtes the emeteyes he

Individual extra men who work for a

al least nine (9) days in a 30-day period oly

tain “regular-extra” man status with that com-

pany, and asa extra” man, he shall be

offered all extra work before that

work is offered to other extra men. Where

®7ZI

more than one such individual attains “regular:

extra” status, then the “regular-extra” men

shall be offered extra work in accordance with

the dates they established this “regular-extra”

status. Any extra mon " .

extra” status will not gain that sta’

period of six (6) months elapses from

date of employment. The Employer shall have

the unilateral right, during the first 30-day -

co's employment to ter-

ee without recourse.

period of an en

minate such

aatis(actory qualified personnel for such casual

or Lomporary work,

During the period from June 1 to September 1

of each year the thirty (90) days’ work out of a

sixty (60) calendar day period requirement for

the establishment of employce status

shall not apply and duals thirty

(30) days’ work out of sixty (60) days not

be considered regular men. This provision docs

twt apply lo new terminal operations or ler-

minals affected by a change of operations dur-

ing Uris summer period.

ARTICLE 42 — Absence

Section 1.

Time O11

for Union

Activities

The Employer to grant the necensary

and jn an off, without discrimina-

tion or huss of seniority rights and without pay,

to any

attend ao

Leave of

shall be no disruption of the E er's Opera

tions due to lack of employees.

oe pape: pata ara re mm

maintain and accumulate their seniority

with the E except accrual for vacation

80 as he maintains such full time

posltion with the Union.

Any desiring leave of absence from

his shall secure written permis

sion from the Local Union and Employer.

The maximum leave of absence shall be for

ninety (90) days and may be extended for like

periods, Permission for extension must be

secured from. both the Local Union and

Employer. During period of absence, the

pow te shall not in gainful employ.

ment in the same in classifications

by this Agreement. Failure to conywply

shall result in the complete

loss of seniority rights for the employees in-

cc must make

for continuation of

employee shall be permitted to take a leave

of aleence for the purpose of ummberguing treat

ment of an program fur alce mn,

must be requested prior

disci; action. Such leave of absence shall

be granted on a one-time basis and shall be for

a maximum of sixty (60) days unicss extended

by mutual agreement. While on such lea

ARTICLE 43 — Seniority

Section 1.

Seniority rights for employees shall prevail in

accord with this Agreement. Seniority shall be

broken only by discharge, voluntary quit, or

more than a three-year layoff. In the event of a

layoff, an employee so laid off shall be given

ten (10) days’ notice of recall mailed Certified

Mail, Return Receipt Requested to his last

known ackiress, The must respond lo

under

(1) Individual employees who are on layoff

status may notify the Employer, in

day: y nature. Any

to notify the Employer under

be available for work in accord with this Agree:

ment. Such notice shall relieve the Employer of

mployer

layoff who have given the written notice men.

If requested by the Local Union in writi

trzl

Section 3.

Posting

Leary aterest or other aiigatn te the

ah ei

jliue

: ;

sit

;

have gained by vacancics, or the of

trucks on such jobs after having been thily

bid and the only tine Company

seniority shall apply is when an okler Company

pao yt oboe oh nay dha we fin

work in any Company job. The driver lakl off

can then bump a “Hlouse” of “Contract” Ac-

count job, provided the length of tine before

regular seniority shall apply on such accounts

as the result of layoff shall be nixty (60)

calendar days. working conditions inn-

prove, permitting the senio deiver an drivers

to return to their former join, the account

driver shall claim aml return to his former job,

E ees of a cartage company on a “Iloune”

or “Contract” Account which is lost in any

pany does not the “louse” or “Con-

tract” Account they shall be retained

by the Employer in accordance with their Com:

Fie

fe]

; i

tui

aqgs6

S34

ite

Ths

®S7I

es: :

° Die o~

during the preceding extender mate ee the ment, and the conditions of employment shall

considered to be on layoff status under the be improved wherever specific provisions for

terms of this Article. inprovement are made elsewhere in thin

Section 4, Within thirty (30) days after the signing of this

Agreement, the Employer shall post in a con-

Contro- epleeeen

place at the Employer's terminal a list

versies of according to their

employees

seniority, Claims for corrections to such lists

must be made within thirty (30) days -afler

aa. a after such lists will be

regarded as correct. Any controversy over the

seniority standing of any on such

lists, if raised within the thirly (30) day period

shall be submitted to the Grievance Procedure

as established in this Agreement. New em-

ployeen shall be on the seniority list

when they have obtained seniority.

Section S. (a) Helpers, checkers and dockmen shall be

given an opportunity to drive according to

seniority, subject to the approval of the Union

and the Employer.

job where it is agreeable between the Em-

ployer and the Local Union.

ARTICLE 44 — Maintenance of Standards

relating

Meinien- —_to wages, hours of work, overtime differentials

ance of and general working conditions shall be main-

A It is agreed that the provisions of

Section shall not apply to inmivertent or

bona file errors made by the Employer(a) or

i the Lerma conditions

of the Agreement if such error in corrected

within ninety (90) days from the date of the er-

from such error shall be continued or

eliminated. No other Employer shall be bound

by the voluntary ects of another Employer

when he may excced the terms of this Agree:

ment. An rement between the Lawal

Union the Employer with respect to thin

Oe ee eee

ire.

does not give the Employer the

This provision

right to impose or continue wages, sand

working conditions less than Uhose contained in

The Employer agreca not to enter into any

landards tained at not less than the standards in this Agreement; in situation th

. effect at the time of the of this Agrve- and the laced Unie way sustunlly

— 106 — — 107 -—

Workweek

Section 4.

this Agreement are after April

1, 1979 within operations covered by this

Agreement rates such operations

shall be subject to between the

In the event cannot be reached

awarded shall be effective as of the date equip-

ment is put to use.

ARTICLE 45 — Grievance Machinery

Section 1.

Joint Area

Commitiee

Section 2.

Eastern

Cenlerence

Joint Area

Commitiee

Section 3.

The E ar! Unions withio the jurinic:

tion of Teamsters Joint Council No. 40 shall

create a Joint Arca Grievanwe Committee

which shall be known as the Western Pewn-

—- Teamsters and Employers Joint Area

tee aml shall consist of three (1)

repreacntatives appointed by Teamaters Joint

Council No, 40 and three (3) representatives

by the Western Peunaylvania Motor

arriers Association, The Joint Area

Grievance Commitice shall formulate anil

reduce to writing rules of procedure to govern

its meetings.

The Joint Area Grievance Committee shall

have jurisdiction over disputes amd grievances

involving Local Unions within the Joint Coun

cil No. 40 jurisdictional area.

The Employers and the Unions shall together

Eastern Conference Joint

oy from the Eastern Conference Arva.

Eastern Conference Joint Area Commit.

tee shall meet at entablished times and at a

mutually convenient location.

It shall be the function of the various Commit.

tees above referred to netile dinguiten which

Function of cannot be settled between the Kapdoyer amd

Committees the Local Union im accurdame with the pro

established in Section 1 of Article 44

— 109 ~

®7I

All Committees eatablished under this Article

may act subcommittees duly ap

pointed by such lee.

Section 4. Mcctings of all Committees above referred to

muat be altemled by each member of such

Altendance Committee or his alternate.

Records _— time sheets and any other records pertaining to

the computation of compensation of any in-

dividual or individuals whose pay is in dinpule,

or records pertaining to specific grievances.

@Section 6. Present terminals, breaking points, or

domiciles shall not be transferred or changed

of ordeeepemt tec dye Aes yeh

transfer of is to be made without

the Employer first ha asked for and receiv-

ing approval from the on

of uperations, the inembers of which shall

Area Committee at each regular mecting. This

shall not apply within a twenty-five (25) mile

radius.

lend

ARTICLE 46 — Grievance Machinery and

: Union Liability

129a

ESSSIFSEFIZESE FEsFLE2grzssss Fse22¢

Higa Lahady dk

crate Hiei |

bid eds Mey it a

eL(UUUI EG ie Hi i

ante AEP HE if

s ii Has He HEE He [ely

i i at Util fly

; 3§3,°33 - .

i it a HA

orsites HATHae it i

ie hd

no Further

hear only

with

ge, shall

erence Joint

the

—12-

specifically limited to the matter submitted

: no

xpenses

equally by the Union and Employer involved.

(ce) Where the Joint Area Committee is unable

ee Se eee

at the request of the Union or Ue Employer in-

volved, be to the Eastern Conference

vole, settles a dispute such decision shall

final and binding on both parties with no fur-

ther appeal.

(f) While the matter processed

is being

through the Grievance Procedure, the work

(g) The procedures set forth herein may be in-

voked Union

ste or the Reiger.

™

(h) The Joint Area Committee shall have full

power to determine retroactivity in all cascs

relating to grievances.

sot!

yiieei, of § MERE oii int g: Hie

nid & isla

He it | 2 Sh waa

3 : Wszsthsi2

Hie ea il:

TH: i ; 3 jipiiah ss= |

Hla P RRER HG He

Hil if: FR3 33% 3° qa: 423%

Rai Hit Ht HIE tit pally I

: hill He ant HT atin

et Ue

Une i ae

I3la

Section 2.

done an employee, have said employee re.

examined at the Union's expense. rr

aml the Union. Upon request, mp

shall provide the employee with a copy of the

report received from the doctor. Disputes

ARTICLE 49 — Health and Welfare

The Employer shall contribute to

Health and Welfare Pond tn mccedsnt can

the Schedule of Contributions listed below for

The contribution schedule shall be:

Per Employee

Local £30 (Married) Per Month

Effective 4/1/79 $142.94

Effective 4/1/80 $156.94

Effective 4/1/81 $168.94

Local £30 (Single)

Effective 4/1/79 $138.19

Effective 4/1/80 $161.19

Effective 4/1/81 $164.19

Local 4491

Effective 4/1/79 $140.63

Effective 4/1/80 $163.63

Effective 4/1/81 $166.63

Local #463

Effective 4/1/79 $146.16

Effective 4/1/80 $162.48

Effective 4/1/81 $179.81

All Other Locals

Effective 4/1/79 $141.60

Effective 4/1/80 $154.60

Effective 4/1/81 $167.60

aes is Joa pre: cy of iliness or

notifies Employer of

such psig | Employer shall continue to

make the required cuntribution for a period of

three (3) months. If an employee is injured on

the job, eben ate continue to pay the

required until such ee

*7el

qualification shall be necessary. ~

Negotiating Committee will define rs

sentecism and how it is to be applied to this

ARTICLE 50 — Pension Plan

Effective 4/1/80

Effective 4/1/81 1.27

for all time hours {

(a) All time hours paid for shall in-

a Cas paid for holiday and vaca-

Effective “1/79 1.02

(b) Where wage payments are based on other

than an hourly rete, the number of hours jrid

for are to he computed on the basis of wayes

earned during the wevk divided by Ue ap

plicable hourly rate.

after the Fund actuary has certified to the

Trustees of the Fund this provision shill

not have an adverse effect on the current Furl

and has the approval of the Trustees. Until

such time appropriate contritutions shall be

made in accord with the schedule of contriln

tions established by 1976-1979 Agreement

with the new increases. Trustee nc-

. tion will be and binding with no arbitra

tlon

(d) By the execution of this Agreement, the

Employer authorizes the Finployers’ Associa

tion which is a party hereto to enter into ap

propriate trust agreements wry | for the

ailministration of such Fund and to desiggite

the E er Trustecs umler such agreement,

hereby waiving all notice thereof and ratify ‘

all actions alrearly taken or to be taken hy i

Trustces within the scope of their authority

(ec) If an employce is granted a leave of

time elected union office, the Employer

shall collect from such employee, prior to the

leave of absence being effective, sufficient

monies to pay the required contributions to the

*ension Fund during the period of absence.

If an employee is absent because of illness

and notifies the Eangployer

_— =

Employer shall continue to

make the required contributions for a period of

four (4) weeks. If an employee is injured on the

bt |

134a

14n HE ERPHIHTERHT

TH ia) Hepat

AH SH LMHS Ht

bie ide eatiutelas ij Hi

iL pi, Heenan

aH HH Hilt uuulil ie

HE geen HH oo

HE iat : He Lilia! ut BE

hit th aii pal }i7

i re Hi ue

eu ri IGN

LE Hes iH ni 1 aH

: fla

[

g.°f

Section 4.

Vacations

who works on the

(d) When a holiday falls during the

vacation of an employee entitled to hulilay

pay, he shall receive an extra day's pay for

holiday. Said employee shall have the op-

scheduled vacation. Sail employce

the E of his or her intention prior to

the start of his or her vacation.

(1) Each employee with a record of continuous

employment for one (1) year or more but less

*Se1

~— ot ne eee 8

than two (2) years shall receive one (1) week's

vacation with pay.

adh anny ney yk peg

employment of two (2) years or more

than ten (10) years shall receive two (2) weeks’

vacation with pay.

(3) Each employee with a record of continuous

Gubloyment of Len (10) years or more, but less

than fifteen (16) years, shall receive three (3)

weeks’ vacation with pay.

(4) Each employee with a record of continuous

employment of fifteen (16) years or more shall

receive four (4) weeks’ vacation with pay,

(5) Each employce with a record of continuous

employment of twenty (20) years or more shall

receive five (6) weeks’ vacation with pay.

in the order of . No shall ac.

cept venation pay te ite of secteten tree

pay shall not be fess than 45 hoore’ at the

man's rate of pay as set in 9 or

for two (2) year 90 hours’ pay; or for ten

(10) year men, 136 * pay; or for fifteen

(16) year men, 180 hours’ pay; or for twenty

the 's pay week, and for two (2)

a om anaes consecutive days

socl

Section 6.

Protective

Apparel

(g) If an "s paid vacation period ac-

crues or is pa: during a period in. which he

is otherwise entitled Lo unemployment compen.

sation, the employee's right to and payment [or

such vacation shall be deferred until after ter-

iit

[

;

compu .

(i) Employees shall bid vacation periods by

seniority. During the period June Ist to

Saptenten

Saalindinn Saeed ie Go eoteomr

ye tion the company

Gath dient, eee

nel to take a vacation, The number to be

yh ee - pag

that the Company will, at all Limes, have

cient qualified to

tion,

Any employee physically handling in substan-

There will be 20 interest handling charge

ant aes cllund oe Weeds

to all goods handled by

Poi p= ey ery ge

Employer in

signatory aller the

Union has had a aeieanibe on

working conditions with such operator.

(e) After mutual between the com.

FLEI

ii |

AHS ate ah

3 avail

i 3: $3 By t - 733 is

i i As ii hati ii ah

ea HR elas

1G Aout ae Se

TL H8 i HEE 1 243 g33a28di4s

sy) eT UTE

ly reporting any

syployer shall pay

— 1390 —-

me .

Section 8.

nL Pee

C. The Employer expressly reserves the

to contrul the manner, means and Pree oe

and by which, the owner operator performs his

services, as well as the ends to be accom

plished.

D. This Section only to city employees

owning and operating their own equipment.

A. Wages

Rates of pay shall be as follows:

Double Per llour

Effective 4/1/79 $10.19

Effective 4/1/80 $10.54

Effective 4/1/31 $10.89

Tamlem or Ten Wheeler

Effective 4/1/79 $10.19

Effective 4/1/80 $10.64

Effective 4/1/81 $10.89

Tractor Drivers and Switchers

Effective 4/1/79 $10.19

Effective 4/1/80 $10.64

Effective 4/1/81 $10.89

Double Bottom Straight Job Drivers

Effective 4/1/79 $10.19

Effective 4/1/80 $10.64

Effective 4/1/81 $10.89

Checkers

Effective 4/1/79 $10.19

Effective 4/1/80 $10.64

Effective 4/1/81 $10.89

Leaders

Effective 4/1/79 $10.09

Effective 4/1/80 $10.44

: Bifective 4/1/81 $10.79

lelpers

Effective 4/1/79 $10.09

Effective 4/1/80 $10.44

Effective 4/1/81 $10.79

—

Kuper <—er --

Lift Truck, Tow Motor Operators

Effective 4/1/79 $10.24

Effective 4/1/80 $10.69

Effective 4/1/81 $10.94

Effective 4/ $10.44

Effective 4/1/80 $10.79

Effective 4/1/81 sii

Teamster Riggers except where

work is performed under on

type of equipment making lift or hoist.

The standard workday shall be (8) hours

and the standard week shall be forty (40)

hours.

after their tour of duty, as well as

other

B. Shift Differential

TAO) por hour eald to = start

cents (7%¢)

ing between the hours of p.m. and

4:59 a.m.

workweek. Forty (40) hours guarantee

for the top eighty-five percent (85%) of regular

ees on seniority list to be established on

a weekly basis commencing with start of the

workweek. When an absents himself

for any reason, it shall the guarantee. Aa

Work shall be scheduled for five (6) consecutive

days: Monday through Friday or Tuesday

through Saturday.

Employces shall have preference of

forty (40) hours according to their seniority.

Time and obe-half (1%) shall be paid for hours

worked in excess of forty (40) in a weck or in

excess of eight (A) hours in a day. Time and one

(b) Shoukl any employee be ordered to

ahead of others who have greater seniorit

ranteed eight (8) hours’ pay except casual

echmen who shall be guaranteed six (6) hours’

pay when called lo work.

(d) Split shifts shall not be permitted.

(e) When an ce receiving eight (8) hours

minimum n= pede forty (40) hours, the

employee called to work shall be

working time to result in the equivalent of six

(6) hours of straight time rate of pay.

(f) When City employees are on trips

and have to stay off duty overnight, they shall

be furnished satisfactory lodging or four-

which such is When an

e is to work in a lower rated

he shall receive his regular rate

jurisdiction of the Local Union party hereto,

should contract work under the tien of

another Local Union, or if employees work

torl

eissea? £34 43441] Tizit gs

ana

ee Hae att ‘al :

jel i ili ite cH THe

tH! THE iti} Lae e il :

Te a al

} ae AGE ih il a

i! Bad aH iis rez Hea

l4la

142a

BREA Ty GL Gi aie

i Hy ah tie Ll i

a ee Hl i ih i :

Ce a a

aL UE

al Be Ha

hay Wuliligag 3 phe

A RE ER

. i

——

any purpose. ‘

The E agrees to pay additional or ex

tra men at the completion work when-

(g) A driver who, because of oy on yp Ae

‘8 license suspemterd, not drive

chal be lighte for cal for that work for which

"trl

TH Aree etc

cul : l 7 3 |

bi2! eS : i;

tal i i ii at ail a

att Gee Hp A

fay WH) TRG TRE Ga

Hil tie it Hi Hh

t ‘ally | Hal ity il He ly nt

ny sil Hl 8 Hue Han ili

Single Man jate—Double ,

Trailer Not Excceding Two 30’ Trailers

; Per Mile

Effective 4/1/79 13.6676¢

Effective 4/1/60 14.0425¢

Effective 4/1/81 14.4176¢

links or more than two trailers) are used for

double bottom purpose of deli or

porn arte f other than or

Per Mile

Effective 4/1/79 27.69¢

Effective 4/1/90 28.44¢

Effective 4/1/61 29.19¢

B. The rate of for pickup and delivery of

be ae talitoe Pickup and

yang tg hs pen nae rate

dealheading time for lodging, etc., as

specified claewhere in this Agreement shall ob-

tain for both men.

Hourly Rates of Pay Per Hour

Effective 4/1/79 $10.12

Effective 4/1/80 $10.47

Effective 4/1/81 $10.82

There shall he no allowance for time spent tak-

ing fuel and oil en route between terminals.

~ 4

Flagrant abuse of free time shall constitute a

of this

C. There shall be no two-man

rune less then 800 miles round tip unloe

otherwise agreed to.

fii

ag EE

siti

zee

s gt

ate

Ail

sé

"Srl

alte i Gi i335 iit iif

ae aa ae i

Ate eal id

it au Hae

: yi i:

nical ltt

Hi ail

his A

from

All other provisions of Article 63, Section 10

shall apply except as may to: provided below,

The layover provision of t

i3: } : rr Hil

bey

=3% or

soi <2 i 4234

; :

i ill HP

i 3 He i 7

raeieatah fy

Hite ictal |

There salle ne ncn the shore ven

peg hen free

acy meant

147a

ine ue

itt qui

a6 HEE

4 His a3;5%

= 5 4:

3 Zz a3

Af iba

iF aS. He

Es ez2

tHE

HH 4

Hite y

ff Hada |

£3 iui F

au, H

ah 24333

i a Ua

ie sli ii ne Li rr

ral + Hil is i! ve

HTH nth He ie

rei ni hn HA LYE:

Hi He i 4 F

it 134 it is

aU i i Hi

atk Hl SEE Le a

ial.

‘ Bil be se] Ped 1 il

Hd 13 i iz ii: Et

‘tint 2 goa an aay

site gay Fe ok OER ei

saul a igs deecd ei a pala

, Tnlf aed a) Gh pity ?

lle MMM ie a Rg

oe | a

| a oH: Ht i a3

Hi ee nik

149a

150a

ait) GAUGE (US THEE

ae tA

He EE He i i |

i: PE HEL :

et lias if inna Rie iC

Ba THTPRH Fen els i

tat ea UME

‘li li i Hi i rial hp i

ull Tate anal i! LET

at) ut ee

Mi: inate | dichniile Hi Hit

—

1Sla

Hee idee ¢ alt

THLE bil ; i hi a sii iv

iu ra i Wa F ft ltl at ie

Wht ean i ial Hi il

eet PRE 2 ET

eH i F ie i i

belie tite HAGE aay i 18

palulnay petite i

HE ABH de Hi

(5) the certificated or permitted carriers agree ment for this type of equipment, and in ad:li

that they will, with a joint —- > coy dinueas Seat ction

Unions, set vaiform rules practices allowances for drivers valent

aden tehich ah such enave will be heard; thera an approved bythe su Cat

(6) it shall be consktered a violation of the con-

tract should any operator deduct from rental of The lessee expressly reserves the right to cv

equipment the increases provided for by the trol the manner, means and details of, and L

1979 Amendments or put into effect any which the driver of such leased equipment per

means of evasion to circumvent actual pay- forms his services, as welll as the ends to be ac

ment of epenetnave tee complished. To the extent that any provision of

wortod starting Aped 1, 1 and ending March this lease may conflict with the of

31, 1982. pe Sq polee

(b) No owner-operator shall be permitted to lalon tf Chia ence chall bs oul end veld noe

rive or hold seniority where he owns three (3) So qvevtbneedandiaaanann and

or more of leased equipment. This provi- “oe shall prevail.

sion not to present owner-operators Section & (a) The

having three ¢ er enero plocss of eqipment p Acton al be resend on a

sear af pred pono | pnd Di Late Duy, Tag

80 as Day, da

work covered by this Agreement or : me's Birthday and Soran fy,

seniority. Where such owner-vperator another day eeitebtmenbaboeen the

drives, he can hoki seniority where he works Employer and and the daw efter

sixty percent (60%) or more of the time. Thankagiving Day holiday which shall be

T. All teases, or arrangements observed in accordance with the practice

between carriers and owner-operators shall poe ag thee ok A aa

contain the following statement the Joint eg tay heer

which is the subject of this lease Cecumiten and sos beta oat ot

shall be by an of the lessee at ing holiday”).

all times that it is in the service of the lessee. If

the lessor is hired as an employee to drive such © As who does not work

equipment, he shall receive as rental compen a. but worked 136 hours in

sation for the use of such equipment, no less thirty seuacaticn woth Sexe bn

than the minimum rental rates, allowances, titled preceding the holiday shall be en.

and conditions (or the equivalent (hereof ss op to ape y at the straight time

by the Joint Area Committee), poe such . Time lost due to

by this Collective Bargaining Agree or within six (6) monthe of absence

— 168 - ~ =

"7S!

Section 9.

Vacations

hours as holiday pay plus

formed in accord with this

(d) Any who works on the

ani ele for balay pay

vided in (b) above shall be per-

formed at the regular time hourly rate

in addition to receiving his holiday pay

(e) When a holiday falls the

such holiday. employee shall have the op-

tion of taking an extra day off at the end of his

scheduled vacation. Said employee must notify

the Employer of his or her intention prior to

the start of his or her vacation.

for one (1) year or more but less

than two (2) years receive one (1) week's

vacation with pay.

(2) Each employee with a record of continuous

of two (2) years or more but less

than ten (10) years receive two (2) weeks’

vacation with pay.

(3) Each employee with a record of continuous

en es cee ee

weeks’ vacation with pay. c ”

(4) Each employee with a record of continuous

employment of fifteen (16) years or more shall

receive four (4) weeks’ vacation with pay.

() Vacations are to be achedhuled any time dur.

ing the Lime from June Ist to Biel of ench

(15) year men, 240 pay; or for twenty

(20) year men, 300 pay.

pay before

(d) A hist of employees who are to receive vaca

tions should be posted in all terminals. Vaca.

tions are to be taken seven (7) consecutive

"ESI

days as of the Employer's pay week, and for

two (2) year men, either fourteen (14) con-

secutive days or two (2) seven (7) day periods,

and for ten a san men, either twenty-one

(21) consecutive

periods,

service shall receive either twenty-eight (28)

consecutive days or four (4) seven (7) day

periods, and employees with es years’

a ——

vacation eligibility year, at least

(or tours of duty) under the terms

Section 10. A. Wages

iy (dare

Ww. and (a) Rates of pay from 1, 1979 shall be

ages es of pay April as

(») Road driver's compensation shall be in ac-

cord with this Agreement only.

‘as a result of over-hvight, overlength, over.

width or overweight shall be paid for at either

the mileage or hourly rate, whichever is

greater.

(d) M shall be measured on a terminal-to-

terminal over routes traveled on runs

originating or ending in the Western Penn-

sylvania area unless some other mileage deter.

mination method has been agreed to between

the Local Union and the Company.

B. Hours and Guarantecs

(a) Forty-five (46) hour guarantce for

top eighty percent (80%) of all employees on

the seniority list who start the week. If only

one (1) employce, he ahall be on the ntec, —

When ree je absents himself for any

reason, it break the guarantee. An Act of

God and conditions beyond the contro! of the

Employer shall also break the —— Pro-

guarantee shall i te all driven, as well

as all other paid-for time, excluding expense

allowances and breakdown time.

(1) On turn-around runs, the Employer may

deduct no more than one-half (4) hour free

time at gine furthest away from the home

terminal. E not abuse this

free time. Where the Employer has a practice

of less than the one-half (+) hour

free time, practice shall be continued for

those employees on the Employer's seniority

list as of July 1, 1973.

(b) Drivers delayed due to en route breakdown

or impassable highways (aa defined by the

with the shall not be included within

the first hours out of each 24-hour

for a driver is compensated on

akdowns or ways but must

when men are ordered to stay with equipment,

Hee

Hit

lie

®SsI

C. Layover Time

When a driver is required to layover away from

his home terminal, layover pay shall commence

which shall be twelve (12) hours.

If driver is held over after the fourteenth (14th)

hour, he shall be two (2) hours’ pay.

In any event, for layover time, if he is held over

more than two (2) hours, he shall receive

layover pay for each hour held over up to eight

(8) hours in the first twenty-two (22) hours of

rarer pred, meng aie i

ends. This pay shall be in ad to the pay to

Drivers shall not be to report to

work at home terminal he has had ten (10)

hours off-duty time. Whenever any er

D. Loging

Road drivers away from their home terminal

Fear oe meplied with suitable ladging unless a

fourteen and fifty cents ($14.50)

ullowance is given each driver.

89ST

(b) All road drivers are to be paid the full trip

rate for bobtailing or ing. ;

| ARTICLE 54 — Term of Agreement

Term of this Supplemental Agreement is sul)

ject lo and by all of the provisions of

Article 39 of the Master Agreement between

the parties hereto

BLSI

IN WITNESS Sn OF He pasties hereto bave est their

hands and seals this day of 1979,

to be effective as of April 1, 1979, except as to those arcas

otherwise agrecd

where it has been between the parties:

NEGOTIATING COMMITTEE

For the Employees:

TEAMSTERS NATIONAL FREIGHT INDUSTRY

N ATING COMMITTEE

Ray ye M. E. Anderson

George E. Jackie Preaser

Joseph Trerotola - Walter J. Shea

Robert Holmes Jack Yager

William g. McCarthy Neil Dalton

Salvatore Provenzano Verne Millon

Morgan Robert T. Flynn

Ww L. Mathis W. C. Smith

Arnie Weinmeister Walter Teague

INTERNATIONAL BROTHERIOOD OF

TEAMSTERS JOINT COUNCIL #40

Whitman B. Evans Raymond Il. Baker

For the Employers:

TRUCKING MANAGEMENT, INC.

WESTERN PENNSYLVANIA MOTOR

CARRIERS ASSOCIATION

James li. Hutchinson, Jr., Manager

— 17% ~

IN WITNESS HEREOF the undersigned do duly execute

The National Master Agreement and and Supplemental Agrec.

ment (and Riders, if any) set forth herein.

LOCAL UNION NO.

Brotherhood of Teamsters, Chauffeurs, Warehousemen and

Helpers of America.

(Signed)

Its

(Title)

Pa er any: FS Na FORTHE COMPANY ...............

(Company)

(Signed)

Its

(Tithe)

Home Office Address:

(Street)

(City) (State)

(Date Signed)

- Mm

egsl

SUPPLEMENTAL INDEX

Page

NEE BEGIN oo vic ccscascceccscicusess 97

Pn esdapesshavandaverdsebecec’acnceececs 100

Time Off for Union Activities. ................... 100

ES A a et aa 101

DMCC. dcecuedueus shee nas wien as covie acs 101

aa A RE Re RS 168

Breakdowns or Impassable Highways .............. 144

LN 2a ch aduesdvs ve ie as bone seas 131, 147

TE Ticihevewbenediee400sd¥e baneeus ss 167

EN CES cp dba $b cuaaka'sd dbonde cedeters 122

PGE Sepia buGhdbee0cdeacvsddecseekes 140

SD ci cphdsuusdesnkssee sabes 116

Ww eee vdeo ac ues bbw a ties 116

E aml identification Fees .............. 117

GE Van seh eccccocccedowecsece 129, 140

Grievance Machinery Committees ................. 109

National Grievance Committee .............4.... il

SD ED npc ccc cvccvtcvcccccccess 109

Eastern Conference Joint Area Committee ........ 109

Function of Committees ....... 2... 6666. c cece nee 109

SEE niin we ccodecnsceesccocecedeess 110

Examination of Records............ 00.0000 c cues 110

. ... RS er 110

sd cade, ccs bpecbobsocna rie it

nos co kbob bvieccuces deen inses 118

ye DERRMELdab uh dons 4068 ¥00¢esdbecees 124, 4

hy ca duccudcenesgeetseers +o

Ty PTTL LTT PLTP eee 1

Maintenance of Standards ................66660055 106

Hs pecaae enaeany Meee iaerhabecketrebes =

xtra Contract Agreements .................... 07

PE vs ccensnectetteesceb ibe 108

GLU sans 6b yneneerdtosbieescet 108

PEL ESS, i vccapesiecoveeneicnabic 123

ae at town sg Vicochecvedeseostereeceore ~~

Redeabaneesde cud overeat 1

®6S1

NOTES

f wide Yjz- IMC A eae Dadi:

a ?.| = AZ a

wai Site oh MR Pe

RIDER pe

PRNUSYLVANTA TRUCY LINES, INC.

y enn’ & l6la

GENERAL TRAMSTER CHSUPEERUUS & NOLES LOCAL UNION NO. 249

Yeansylvania Truck Lines, Ine. (hereinafter referred to as the Fmployer)

nu! Gencrai Teausters Chauffeurs & Iielpors Local Union No. 249 ussociater

vita the Sastern Conference of Teamstcrs and the International Brotierrocn

of Toumsters, Chauffeurs, Varehousemon and Eelpers cf America (heveinnlftcr

refcrred to as the Union) agreed tro be bound by the terms anc provisicas

of this Agreement.

Tais Niger is sunppicmental to and becomes part of Teamsters Joint Council --

me!

No. aC treight Civisicn Local Carta:ze (nereinafter referred to as the

Local s:reement) ond—the_Katfoast ‘aster Frejeht Agreements (hercinatter

referred to as the Natioual agreement) sor the period commencing April i,

1979 and shall prevail over the srecific terms of that Agreement oniy to

the extent subsequertiy provided herein.

The following items hereby reduced to writing, outline the agrced upon

understandings resched threugh negotiations between the above-recferred

to rnarties.

we Ail employees under Teamsters Local Union 249 Bargaining Unit will

receive theftr par weekly with the understanding thac Pennsylvania

Truck Lines could institute actwon (2) week hold back in accordance

with the letters currently on file with Loca] 249.

2. When possible men called from the Local Union shall be paid up at

the completion of the day's work or no later than the current pay

period.

3. When a Holiday falls during the regular vacation of an employee

entitled to Holiday pay, he sh2ll receive an extra day's pay for

such Holiday. Said employee shail have. the option of taking an

extra diy off at the end of his schedulod vacaticn. Said employ-

ee must notify the kiaployer of his or her intentions prior to the

start of his or her vacation period.

4. Pay for unworked Holidays shall not he used in computinz overtime

in the regular worn week. Time worked in excess of thirty-two (32)

hours in any week in which a Holiday occurs shall be paid for at

the rate of time and one-half (14) excenwt where the Holiday falls

on Saturday or Sunday provided the Holiday falls within the scheduled

10.

ll.

12.

work week. Then the time and one-half (1)) shall he paid after th

forticth (40th) hour (after thirty-six (36) and forty-five (45)

hours respectively for peddle drivers).

162a

An employee shall receive his vacation pay before takings vacation

as long as a minimum of two (2) weeks advance notice is given to

the Employer by the employce.

The Employer shall not require employces to take out on the strect

or highways any vohicle that is not in safe operating condition, i

cluding but not limited to acknowlecged overweight or not equipped

with the safety appliances prescribed by law. It shall not be a

violation of this Agreement where employees refuse to operate such

equipment unless such refual is unjustified. All equipment which

is refused because not mechanically sound or properly cquipped

shall be appropriately tagged so that it cannot be uscd by other

drivers until the maintenance department has adjusted the compliin

After equipment is repaired, the Employer shall place on such equi

ment an "OX" in a conspicuous place so the driver can see the sa:ne

Any attempt by the Employer to move the Pittsburgh/Cleveland/Pitts

burgh/Altoona/Pittsburgh work out of the Pittsburgh Terminal would

have to be submitted to the appropriate change of operation conmrit

as called for uncer the National Master Freight Agreement.

When a replacement employee is called in and used he shall receive

the same starting time as the man he replaces, subject to a maxisu

of four (4) hours. _—

The items contained in this Rider constitute the entire scope of

past practices.

No member of the bargaining unit working on the Road will be requi

to do "'tie down" work on any given day, and "tie down" man will nc

be permitted to do road work on any given day. (See Item 14 belcw

The National and/or Local Agreement would apply with respect to en

employee working out of town being compensated for expenses inacurr

such as meals, lodf@ing and transportation, etc.

‘

It is agreed that Bid Tie Down Employee:

@ will be furnished laundered uniforms each week;

13.

14.

15.

16.

163a

e will be furnished gloves as needed with replacements

teing issued upon the employee turning in the oid

pair;

e will be furnished foul weather gear (rain jacket, rain

pants, and rain hat) as necded, with replacements being

issued upon the cmployee turning in the old set.

Two (2) extra sets of rain gear and coveralls will be provided for

use as required by the employecs subject to employee control for

proper use and return.

In the event the present facilities providing shelter, heat, eletric

and phone at the site are removed, a meeting will take place between

the pnurties to discuss an alternate means for providing the above

items. This will be done prior to the removal of the facility.

The Company agrees that no employee will be permitted to do city work

runs and log runs on any given day except a modification is herery

made allowing a log run (road) driver to come in and do city wort,

etc., in order to properly service and satisfy customers in emeryency

Situations. (See item 10 above)

All classes will stay at the same rate except for negotiated increase:

The Union, its members and the Employer agree at all times as fully

as it nay be.within tneix power to further their mutual interest and

interests of the trucking near eed and the International Brotherhood

of Teamsters nationwide.

The Union and the Employer recognize the principle of a fair day's

work for a fair day's pay; that jobs and job security of employees

working under this Agreement are best protected through efficient

and productive operations of the [Employer and the trucking industry.

The Employer may establish reasonable. work standards which shall take

into account all factors relating to the work assignment, run, ter-

minal and territorial onerational conditions, subject to agreement

and approval with the Local Union, and to be filed for approval with

the Conference Joint Area Committee.

The Union and trucking industry agree to establish a Committee on

Industry Operations composed of equal thumbers of members from the

industry and each Union Confercnce Arca. The purposes of the

Committee are to identify problems causing loss of business and

job; to direct communication so as to educate employees relative

to long-term job security through the Employer, the Local Unions

signatory to this Agrecment, or other means. It is to be recog-

nized as a joint Union and Employer effort and shall have the full

support of the International Union and the industry. Such Conmittee

17.

18.

19.

164a

shall investigate and make recommendations to the National Grievance

Committee on a quarterly basis designed to eliminate operational

inefficiencies.

In addition, the Committee on Industry Opcrations shall advise the

Joint National Negotiating Committecs of specific reco:mendations

to achicve operational cfficiencies as well as steady growth in

the Motor @arrier Industry in writing six (6) months prior to the

maa ae of the current Agreement.

The purnose of this statemert of principle is to protect the iong-

range interests of the emnloyees, the Employer, the Union and the

general public served.

The appropriate language of the National and/or Local Agreement will

be utilized (i.e., Subcontracting and Change of Operations) as it

pertains to work presently being performed by Pennsylvania Trucx

Lines' employees who are members of Teamsters Local Union No. 249.

Seniority rights for 2ll employees shall prevail in accordance with

Article 43, Section 1 of the Local Agreement.

If an employee turns down work for any reason, including bookoffs,

Sickness, unavailability, etc., during the week and works Saturday,

the Saturday work would be worked at straight time. If, howeyer,

an employee is compensated under the contract for any days that he

may have missed, Monday through Friday, and/or the company does not

have work for the employee during the week and he works tie down on

Saturday, it would then be at time and one-half (13).

Note: Compensable items as referred to ahove are sick

leave, funeral leave, jury duty and/or Holidays.

It was agreed that Pennsylvania Truck Lines does have a Tuesday

through Saturday work week on a bid work run.

With the above agreements, Pennsylvania Truck Lines' proposal

#1 was withdrawn. ;

It is agreed before any starting time can be changed, the Employer

must pest such chalige seven (7) days prior to the enactment of any

scheduled change; in addition PennsvlVania Truck Lines shall be

allowed to cancel and/or change starting times and shifts upon a

telephone call due to emergencies, i.e., embargos and acts of God.

Emplovees who come in early may work to the end of the regular

shift and then receive time and onc-half (14) after eight (8) hours

and twenty-four (24) minutes. Time and one-half (13) is not paid

for work performed prior to tne shift; however, it is paid for work

at the huckend of the shift in excess of eight (8) hours and twenty-

four (24) minutes. ;

23.

24.

25.

Awe 1658

Bee

Article 9 of the National tence Freight Agreement shall i:

—_

Yard tren will be trained ror a poriod of two (2) days after which

the Terminal Manneer will determine if additional time is needed.

If additional time is needed the employee will be paid at eight (8)

hours aA dav,

The employee will gwo to the doctor of his choice and the Company will

ray up to the established amount of $15.00. If, in the oyes of the

Company there onpaars to be something wrong with the physical eman-

ination performed by the enployee's doctor, the Company siall have

the right to send the emplovee to a doctor of its choosing. If a

discrepancy arises between the two dectors, it shall be resolved

by the enplovee going to a third cioctor selected by the above two

doctors,

If and when a road operation is instituted at the Pittsburgh Terminal

a meeting would be held between the parties to discuss the implemen-

tation of it.

The Cconomics neyotiated in the National Master Freight Agreement,

Settlement would apply. ‘

—_

ie agreed that any grievance arising between the emplovees and

the Employer shall first be adjusted, if possible, between the Union

\ and the Lmployer without aay unnecessary delay. In the avent, howeve

™| that the Emplover and thé Union are unable to properly adjust such

Ny grievance, same shall be reférred to arbitration. The Employer and/

; or Union shall request a ponel of arbitrators from the Federal

N Mediation and Concilation Service and within seventy-two (72) hours

| after receipt of same, shall arrange to alternately eliminate names

from the list (the grieving party removing the first name) until suck

time as only one name romains. That person shall be desi:snated to

hear the grievance and his decision shall be final and binding upon

; all parties. The decisicn of the arbitrator shall be rendered with-

in thirty (30) days after the hearing on the alleged grievance has

been concluced. Arbitrator's fees and costs shall be split by the

parties. The Arbitrator in hearing the facts has no authority to

add to, celete from and/or modify the Agrecment.

Discharges, suspensions and seniority “yucstions will be subjests to

be heard before an arbitrator. :

Interpretations and other items questioned under the contract will |

be referred to the normil grievance committee, i.e., Joint Council)

40 and/or Eastern Conference, etc. /

166a

£ There will be no waiting period for sick leave pay. Pay will bercin

e with the first day of sickness.

‘8. It was agreed the Holiday effective April 1, 1980 will be a personal

holiday with the employee notifying the Employer prior to the start

‘ of dispatch the day before, subject to seniority with a maximum num-

ber of two (2) emplovees off at one time unless mutually agreed to

° otherwise.

29. Employees, although allowed to select equipment to drive, would do

so in accordance with business demands and work to be performed,

subject to adjustment by the Company, if needed.

30, It was agreed that all transfer work performed on the property,

i.e., from the rail crossing to the end of Track 8 at the Yard Office,

will be done by Local 249 employees unless removed from this area

at the direction of customer, shipper, Conrail, etc., and/or unless

S equipment to transfer load is not owned by Pennsylvania Truck Lines.

IN WITNESS WHEREOF, the parties hereto have hereunto set their respective

nands and seals this .»g”™ day of nt , 1980, to be effective

as of April 1, 1979 except as to those areas -~where it has been otherwise

> agreed between the parties.

PENNSYLVANIA TRUCK LINES, INC. GENERAL TEAMSTERS, CHAUFFEURS AND

PITTSBURGH, PA - HELPERS LOCAL UNION NO. 249

yer Lc cll Le xe it BY:

ITS: Vice President-Labor Relations

Side feo

Ce. 4 es tie Ce )

| af ~ “« Cs ) :

af A ¢

4 ‘wm Cal ae “a ¢ )

18la

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ad PENNSYLVANIA TRUCK LINES, INC.,

Plaintiff,

vs. C.A. No. 82-1326

. GENERAL TEAMSTERS, CHAUFFEURS

AND HELPERS LOCAL UNION NO.

249, INTERNATIONAL BROTHERHOOD

OF TEAMSTERS, CHAUFFEURS,

WAREHOUSEMEN AND HELPERS

OF AMERICA,

Defendant.

CERTIFICATE

® I, SAMUEL W. BRAVER, counsel for the plaintiff herein, certify that the

attached Mailgrams, Exhibits A, B, and C were received by me on July 10, 1982, and

are being filed this date as confirmation of the messages contained therein

s notifying the defendant, its counsel, and the International Brotherhood of

Teamsters, et al. respectively of plaintiff's application for a Temporary Restraining

Order on July 9, 1982. y,

, / hint oD

a pnt @- Loe

' - Samuel W. Braver

BUCHANAN, INGERSOLL, RODEWALD,

KYLE& BUERGER

_ Professional Corporation

e 57th floor - 600 Grant Street

Pittsburgh, PA 15219

Attorneys for Plaintiff

--—

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TRUCK LINES SUCRANAN INGERSOLL

S7 FLOOR eC GRANT ST

PITTSSURGe FA 15219

THIS MAILGRAY IS & CONFIRMATION COPY OF THE FSLLCaING MESSAGE;

wy2Se2ESus TOMT PITTSBURGR Pa S31 C7409 10234 CST

PMS CretRALES “ BYRNES, PRESIDENT

INTL BROTPERSOOD OF TEAMSTERS, CHAUFFERS wARESCUSEMEN RPT CLY ¥OM,

AND RELPES OF SmMERICA LOCAL 249

70} BUTLER ST

PITTSBURGR PA 15201

Om. Jury S$, 1962

L COURT FOR THE

WESTERN DISTRICT OF PENNSYLVANTA UNI URT MOUSE GR&NT

STREET PITTSSURGH FOR a TEMPORARY RES 4

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PENNSYLVANIA,

SAMUEL w BRAVER ATTORNEY FOR PENNSYLVANTSA TTUCK LINES SUCKANAN

INGERSOLL

S7 FLOOR 600 GRaNnT ST

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PMS JOSEFR J Fass, JR

JUSELIRER Fess and IN

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THIS IS TS sOvise YOU THET aT APPROXMATELY 3:30P™ OW JULY 9, 1662

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WESTERN OISTRICT OF PENNSYLVEANI2 UNITES STATES CCURT HOUSE GRant

STREET PITTSSURGH FOR 4 TEMPORARY RESTRAINING ORDER ENJOINING TRE

UNLAWFUL nCRK STOFFACE aT CONRAIL TERMINALS IW PITTSBURG

PENNSYLVANIA,

SAMVJEL w BRAVE? ATTORNEY FOR PENNSYLVANIA TRUCK LINES BUCHANAN

INGERSOLL

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SAMUEL = ESAVER ETTORNEY FOR PENNSYL VENTS

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PmS IATL SROTRERR90D OF TE4STERS, CeLUFFESS

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INGERSOLL

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9 10:26 EST

“GéCO™P

420a

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

3 PENNSYLVANIA TRUCK LINES,

INCORPORATED,

Plaintiff

vs.

GENERAL TEAMSTERS, CIUAUFFEURS

7 AND HELPERS LOCAL UNION NO. 249,

INTERNATIONAL BROTHERHOOD OF

5 TEAMSTERS, CHAUFFEURS, WAREHOUSE-

MEN AND HELPERS OF AMERICA,

— OO OO we es es es es es

Defendant

ll TUESDAY, OCTOBER 5, 1982

PITTSBURCH, PENNSYLVANIA

13 APPEARANCES:

14 For the Plaintiff: Samuel W. Braver, Esquire

Herbert Burstein, Esquire

Por the Defendant: Ernest B. Orsatti, Esquire

17 BEFORE: Honorable Alan N. Bloch, J.

Civil Action No. 82-i326

19 TRANSCRIPT OF OFFICIAL NOTES OF TESTIMONY TAKEN IN THE ABOVE-

CAPTIONED CASE BY:

Michael D. Powers

21 Official Reporter

FORM SEL 7tt REPORTERS PAPER OMFG CO 8006266313

wITNESSES:

Charles M. Byrnes

John Robert Clemens

Gerald LeClaire

James. R. Kettler

Theodore Prince

Charles M. Byrnes

(recalled)

John Robert Clemens

(recalled)

I-N-D-E-X

Direct Cross

Rediréct Recross

42la

102

112

108

115

—_

422a |

P-R-O-C-E-E-D-I-N-G-S

(Thereupon, court convened on Tuesday, October 5,

1982, at 10:00 o'clock a.m.)

TUL COURT: We have scheduled today a hearing

both on the preliminary and permanent injunction in the matter

of Pennsylvania Truck Lines vs. Teamsters Local 249. This is

filed at Civil Action 82-1326.

Mr. Braver, are you ready to proceed?

MR. BRAVER: Your Honor, before I turn it over to

Mr. Burstein as lead counsel, two introductory points.

One, the issues before the Court based upon the

testimony of the hearing on the TRO, would be the existence of

a collective bargaining agreement and also the proof of

damages,

I would again direct the Court's attention, also

counsel for the defendant, that the Court has already found

the following as damages: Lost revenue from the 60 trailers

tendered for movement at an average profit of $480 per trailer

which is $28,800; the per diem cost of equipment not being

used, $10,000 per day; and the cost of drayage for trailers

diverted, $80,000.

One additional item, Your Honor. The plaintiffs

would move for the sequestration of all witnesses wno will

be testifying or who are not company representatives or

witnesses in the courtroom who are not company representatives

of the defendant.

THE COURT: I don't understand what you mean,

"who are not company representatives",

MR. BRAVER: That were not company representatives

of the defendant 249. The plaintiff would move for their

sequestration from the courtroom until such time as they are

called as witnesses.

MR. ORSATTI: I believe Mr. Braver is referring

to the employees of Pennsylvania Truck Lines.

I have no intention of calling them as witnesses,

Your Honor, and I see no need to sequester them, and I think

they have a right to be present in the courtroom when some-

thing as important as this --

THE COURT: If they are not being called as

witnesses, they certainly do have a right to be here.

MR. BRAVER: With that, Your lionor, I now turn

over to Mr. Burstein.

THE COURT: Fine.

MR. BURSTEIN: Your Honor, I believe that certain

of the documents were marked in evidence in connection with

the hearing on the temporary restraining order. Unfortunately

the transcript doesn't identify the exhibit numbers.

THE COURT: : We have a list of those.

MR. BURSTEIN: I raise that only not to duplicate

the record, Your Honor.

OFPPICIA, SEPORTERS U & GISTCT COURT SOFTER Os 1 cess

4a 5

\ THE COURT: All right. We have the list of

2 exhibits right here, if you would like to look at it.

3 MR. BURSTEIN: May I, please?

4 That's fine, Judge.

5 I want to call, as my first witness, Mr. Byrnes,

6 the president of the defendant.

7 THE COURT: Mr. Byrnes, come forward, please.

8 CHARLES M. BYRNES,

9 having been duly sworn, was examined and testified as follows:

10 MR. BURSTEIN: May I proceed, Your Honor?

il THE COURT: Yes.

12 DIRECT EXAMINATION

13 BY MR. BURSTEIN:

14 Q Please state your full name and home address?

| 15 A Charles M. Byrnes. My address is 4701 Butler

| 16 || Street, Pittsburgh, Pennsylvania.

17 | Q And what is your business or profession?

18 A I'm the president of Teamsters Local 249.

| 19 Q Is that union affiliated with the International

| 20 Brotherhood of Teamsters?

21 A It is.

' pay Q And what are your responsibilities and duties as

23 president of the defendant local?

24 A I oversee the entire operation of the local union.

\ Q Now, sir, prior to April 1 of 1982, did the local

ry! , |

425

union have a collective bargaining agreement with Pennsylvania

Truck Lines?

A They did.

Q To the best of your knowledge, what was the

business of Pennsylvania Truck Lines?

A Pennsylvania Truck Lines was a rail freight hauler

operating in and around the area of Western Pennsylvania.

Q And, sir, prior to April l, 1982, was the defendant

local a party to what is known as the National Master Freight

Agreement?

A I think you have to clarify that. ar:

Pennsylvania Truck Lines or with other carriers?

Q With other carriers, as well as Pennsylvania Truck

Lines.

A Well, we were party to the National Master with

other carriers, not with Pennsylvania Truck Lines.

Q Is it your statement then that there was a separate

and distinct collective bargaining agreement with Pennsylvania

Truck Lines?

A There was.

MR. BURSTEIN: Your Honor, may I please have

marked for identification as Plaintiff's Exhibit 1 a booklet

called the National Master Freight Agreement? I have an

extra copy. You have a copy?

MR. ORSATTI: I have a copy.

OPFICiAL REPORTERS. U & SYSTMET COVAT SiTTSOUREN. 04 19210

OT me

426a

7 |

l MR. BURSTEIN: Fine. Does Your Honor want a ees

2 THE COURT: I don't think it is necessary. |

3 MR. BURSTEIN: May I approach the witness, Your !

4 Honor?

5 THE COURT: Yes, sir.

6 Q One preliminary question. Is your Local Union 249

a part of the Teamster Joint Council No. 40?

A It is.

Q I show you what has been marked as Plaintiff's 1

for identification.

Was that the National Master Freight Agreement and

the local supplement to which your defendant local was a

party?

A It was.

MR. BURSTEIN: Your Honor, may I please have

marked for identification as Plaintiff's Exhibit 2 a multi-

page document, five pages, the heading "Rider, Pennsylvania

Truck Lines, Inc."? Thank you.

Mr. Byrnes, I show you what has been marked as

Plaintiff's Exhibit No. 2 for identification.

Was that the Rider Agreement between Pennsylvania

Truck Lines and your jocal union up to Apri} 1, 1932?

A That was the contract between Teamsters Local 249

and Pennsylvania Truck Lines.

MR. BURSTEIN: Your Honor, I want to offer in

4278

evidence both Exhibit No. 1 and Exhibit No. 2.

THE COURT: Any objection?

MR. ORSATTI: No objection.

THE COURT: Admitted.

MR, BURSTEIN: I want t) call Yorr ‘onor's

attention to the following language which appears in Exhibit

No. 2, paragraph two of the Exhibit No. 2.

"This Rider is supplemental to and becomes part of

Teamsters Joint Council No. 40 Freight Division Local Cartage

(hereinafter referred to as the Local Agreement) and the

National Master Preight Agreement (hereinafter referred to

as the National Agreement) for the period commencing April l,

1979 and shall prevail over the specific terms of that

Agreement only to the extent subsequently provided herein."

Are you familiar with the language I have just

read?

A Yes. It is common language that we use.

Q I just asked you if you are familiar with the

language.

A And I answered you, yes, it is common language that

we use in this area.

Q Now, would you please examine Exhibit No. 2 and

point out to the Court and to me where any provision is made

for the processing of grievances and ultimately arbitration

of any disputes under the labor agreement?

OFFICIAL REPORTERS. U & DISTRICT COURT. FITTSQURGH fa 19218...

~ - Pow"? new * -

eee

Q And am I correct that under Exhibit No. l, the

oe A Yes, that's correct.

A The first reference I see is on page 5 entitled

No. 26. That looks like the entire article right there of

the entire reference. |

Q The bottom part refers to reference of normal

grievance committees, the Joint Council 40 and the Eastern

Conference, is that correct?

A “Interpretations and other items questioned under

the contract will be referred to the normal grievance

committee, i.e., Joint Council 40 and/or Eastern Conference,

National Master Freight Agreement and the Local Supplement,

there is a provision for the handling of grievances through

the Joint Council and local committees?

MR. BURSTEIN: Your Honor, may I please have.

marked for identification as Plaintiff's Exhibit No. 3 a two-

page document, No. 24183, the heading "Grievance Form", bearing

the date of 4-5-2?

I show you what is marked Exhibit No. 3 for

identification, and I ask if you had seen this grievance --

strike that, please.

Who is John Clemens?

A Business agent.

Q Does he report to you?

4298

l A He does.

2 Q Have you seen what's called Plaintiff's Exhibit

3 No. 3 for identification?

4 A No. I really couldn't say I did.

5 Q Is that the form in which grievances are presented

in the event of a dispute between the union and the PTL?

A That's the standard form, yes.

MR. BURSTEIN: I am going to offer this in

evidence, Your Honor.

THE COURT: Any objection?

MR. ORSATTI: No objection.

THE COURT: Admitted.

MR. ORSATTI: Can I see a copy of it?

MR. BURSTEIN: Certainly. I have a copy for you.

THE COURT: Admitted.

MR. BURSTEIN: I call Your Honor's Rae rte

the section of the contract allegedly violated, Article 29,

Section 2 and Section 4, which are sections of the National

Master Freight Agreement.

To your knowledge was this grievance submitted to

the Joint Area Committee?

A I have no personal knowledge of that, no.

Q Would it refresh your recollection if I told-fou

that it was deadlocked on the Local Committee level?

OFFICIAL REPORTERS Vv & CISTHCT COURT PITTSAURGH Pa 18218. .

A As I said before, every grievance that's filed

I don't personally get involved with. It may have or may

not have been,

Q Okay, sir.

May I please have marked for identification, Your

Honor, a one-page sheet -- well, two pages, the first of

which bears the heading “Eastern Conference Joint Area

Committee", and the second is an agenda of cases.

THE COURT: Put those together if they are going

to be marked as one number. Staple them together.

Q Would you tell the Court what the Eastern

Conference Joint Area Committee is?

A Yes. The Eastern Conference Joint Area Committee

Ls a Gommittee normally comprised of three members from the

employer's side, i.e., three labor people, three people

representing the employers, and three officers of local

unions within the Eastern Conference jurisdiction.

Q And the Eastern Conference embraces your local

| union, does it not?

A tt does.

Q I show you what has been marked Plaintiff's

Exhibit 4 for identification, and I ask you have you seen

that notice from the Eastern Conference and the attached

n A Yes. I would have’ to say yes. This is a standard

a |

24 | schedule or agenda of cases?

43la

letter that comes in and the agenda would be attached to it.

Q Are you aware of the fact, and if you are not tell

me you are not, that this case involving Local 249 and

Pennsylvania Truck Lines, filed on behalf of Mudd, was post-

poned at the request of the local union?

A No, I am not aware, as I said before, of every

grievance that comes through.

Q Okay, sir.

I offer this into evidence, Your Honor.

THE COURT: Any objection?

MR. ORSATTI: May I see it?

MR. BURSTEIN: Sure.

MR. ORSATTI: I have no objection.

THE COURT: Admitted.

MR. BURSTEIN: Your Honor, I dowant to call your

attention to the portion which is marked in yellow under-

scoring this case to which I referred.

Would it be fair to say, Mr. Byrnes, that the

Eastern Conference operates under the terms of the National

Master Freight Agreement?

A The Eastern Conference has the authority to

accept grievances from any subordinate body that may submit

them to then. _

The Committee, itself, is set up under oe |

National Master Freight Agreement. }

OFFICIAL REPORTERS. U 8 OISTACT COURT PITTROURGH fa isar8 ini

432a

| wit iA. Hides

Q Did you testify that your local union had no

collective bargaining agreement, that is to say, it was not

a party to the National Master Freight Agreement with

Pennsylvania Truck Lines?

A I did.

Q Is that your testimony?

Your Honor, may I please have marked for

identification as Exhibit No. 5, I believe, a one- age

document marked "Grievance Form No. 5741"?

I believe you testified that Mr. Clemens was a

business agent or business representative of the local?

Correct.

'g I show you what's been marked Exhibit No. 5 for

identifi¢ation, and I ask you if you recall seeing that

document?

A I personally had not seen it, no.

Q But that is a form on which grievances are

submitted by your local?

A Correct.

MR. BURSTIIN: Your Honor, I offer this in

evidence. I have given counsel a copy.

THE COURT: Any objection?

MR. ORSATTI: No objection.

THE COURT: Admitted.

MR. BURSTEIN: Your Honor, I would call your

4330

attention to the section reading "Section of Contract \

Violated: d

Irticle 38, Section l of the N.M.P.A.," National |

Master Freight Agreement, "Article 29 of the P.T.L. Rider to

the N.M.P.A.”

May I please have marked for identification as }

Exhibit No. 6 a document with the legend "Grievance Form, af

June 14, 1982, No. 5739"? Vs

I show you Plaintiff's Exhibit No. 6 for

identification. If I put to you the same questions with

respect to this document that I posed in connection with

Exhibit No. 5, would your answers be the same?

A They would.

MR. BURSTEIN: Your Honor, I offer this in

evidence.

MR. ORSATTI: No objection.

THE court: Admitted.

MR. BURSTEIN: Again, Your Uonor, I would call

your attention to the legend, "Section of Contract Violated:

Article 38 of the N.M.F.A., Article 29 of the P.T.L. Rider

—

to the N.HM.F.A.”

May I please have marked for identification as

Exhibit No. 7 a one-page document headed “Grievance Form".

The number is obscured on the top. But, it is dated July 16,

1982.

I show you Exhibit No. 7 for identification, and

OFFICIAL REPORTERS. U S CISTMICT COURT P:ITTS@URGH Pa e210

s-—--

sree

if I pose to you the same questions with respect to

this

document that I asked in connection with Exhibits 5 and 6,

would your answers be the same?

A No, they wouldn't.

Q All right. Tell me if you are familiar with that

document?

A I an.

Q And did you prepare that document?

A I assisted in the preparation, yes.

Q That document refers to the discharge of the

employees who were engaged in the strike which is the subject

of this litigation, is that correct?

Correct.

And your union was protesting the discharge and

relied upon Articles 8, 47 and other pertinent articles?

That's correct.

And that was of the National Master Freight

Agreement, wasn't it?

A Well, when this grievance was sent to the company,

there were also telegrams and letters sent indicating that

the local union's position had not changed, that we had no

contract in effect and that the grievance should not be

interpreted as such.

Well, I move to strike as not

MR. BURSTLIN:

responsive.

435a

All I asked you, sir, was whether the reference

here to “Article 6G, 47 and other pertinent articles", was

to the National Master Freight Agreement?

A The articles are to the National Master. But this

grievance was submitted under the terms of the telegram.

Q All right. So that you are saying that although

you submitted a grievance under the National Master Freight

Agreement, you said you had no agreement under the National

Master Freight Agreement?

A Well, if you look at the expired Rider, under

Article 26 it sets a grievance procedure up there that is

contrary to the National Master Preight Agreement.

MR. BURSTEIN: I move to strike that as not

responsive, Your Honor.

THE COURT: Overruled.

Q If you don't understand my question, I will

restate it.

Was it your position --

A Iam sorry. I didn't hear the Judge's ruling.

THE COURT: I overruled his request to strike

your answer. Your answer stands.

THE WITNESS: Thank you.

Q My question is: When you prepared this grievance

you were asking for the Joint Committee, and ultimately the

Eastern Conference, to arbitrate a dispute concerning the

OFFICIAL REPORTERS US CISTMCT COURT PiTTSeURGH A 1210

legality of the discharge of the employees who were -~

“ No, sir, that's not what we did.

In that contract the language says that the srievange

4ll grievances -- and I can't quote it verbatim, but all

grievances may be referred to an arbitrator.

Q Well --

A And we asked for arbitration on those discharges,

which we have had no response from.

Q To whom did you send your reyuest for arbitration?

A To Pennsylvania Truck Lines.

Q Did you communicate with any of the federal or

State mediation services?

A For a request -- we have not received a response

from Pennsylvania Truck Lines indicating their acceptance of

arbitration.

Q All right. I want to show you what has been

marked Exhibit 1.

Will you please look at Article 8?

A Which section?

Q Well, I'm referring to Article 38 because that's

the one you identified in Exhibit No. Ve

A Okay. Article 8 talks about work Stoppages, and

what have you,

Q Will you look at Article 47?

A Yes, sir. All right.

| OFFICIAL REPORTERS UV & OISTIICT COURT Slrvemiimmm Oe ctmcc

4378

Q What does that talk about?

A Discharge or suspension, which requires arbitration,

Q So that when you are referring to Article 47 for

arbitration, you are referring to the provisions of the

National Master Preight Agreement?

A No. It says, "And all other pertinent articles".

Article 26 of our agreement is also a pertinent article.

Q I am addressing only Article 47.

That does call for arbitration in the instances

of discharge, isn't that correct?

A» Well, you asked me a question relative to the

sections of the contract that we alleged were violated.

It says, “Article 8, 47 and all other pertinent

articles".

ee nae

Q I understand. But, I am directing your attention

only to Article 47. '

My question is: Does that Article speak of

arbitration in the event of discharge?

A It does, te

Q That's all I asked you.

A Fine.

Q Thank you.

Your Honor, I would also call your attention to

" the fact that reference ismade on the alleged contract

violated, to Article 8, 47 and other pertinent articles.

OFFICIAL REPORTERS. UV & OISTMICT COURT PITTSOURGH PA 18210.

438a

May I please have marked for identification a

three-page document dated March 31, 1982, the first page

addressed to Mr. John R. Clemens?

Your Honor, I don't recall if I moved the admission

of Exhibit No. 7. If I have omitted it, I do want to move it,

TEE COURT: Mr. Orsatti, is there any objection?

MR. ORSATTI: No objection.

THE COURT: Admitted.

Q I show you what has been marked as Exhibit No. 8

for identification, and I ask you if you ever saw the original

or a copy of that document?

A I personally have never seen this, no.

Q Is there a Deann Jones employed --

A There is.

Q Are you familiar with her signature?

A I on not familiar with her signature, but we do

have a Deann Jones working with us.

Q You have no question, I take it, that this document

was actually received at your office?

A I really can't speak to that. I have never

personally seen it, so I can't really say whether it was or

it was not.

You know, you have certified receipts there, but

I never saw those before either, so I couldn't testify to

that.

439%

Q Okay.

Well, I am going to offer it into evidence, Your

Honor.

MR. ORSATTI: I am going to object, Your Honor.

The witness hasn't identified the document.

THE COURT: Refused.

MR. BURSTEIN: I have it marked for identification

Would you allow me just a moment, Your Honor?

THE COURT: Certainly.

MR. BURSTEIN: I have nothing further, Your Honor.

THE COURT: Cross-examine.

CROSS-EXAMINATION

BY MR. ORSATTI:

Q Mr. Byrnes, you have seen a copy of Plaintiff's

Exhibit No. 1, have you not?

A I have.

Q Has Local 249, either you personally or any authori

agent of Teamsters Local 249 signed a copy of the National

Master Preight Agreement with respect to rennsylvania Truck

Lines?

A No, sir, I have not.

Q Now, you have already testified that Local 249

is affiliated with the International Brotherhood of

Teamsters and that you have contracts under the terms of

the National Master Freight Agreement with employers.

OFFICIAL REPORTERS. U & OISTMICT COURT PITTSOURGH Pa 15219

ped

Would you explain to the Court how Local 249

negotiates on a multi-union, multi-employer basis?

A You want to speak of the freight industry?

Q In the freight industry.

A In the freight industry --

MR. BURSTEIN: Just as a matter of record, I

think it is irrelevant and immaterial. We are dealing witha

documents here, and how these documents are negotiated is

completely irrelevant.

THE COURT: Overruled.

A In the freight industry there is a -- und you guys

are the attorneys. But, there is a very legal structure called

the National Negotiating Committee, which is comprised of

employer representatives and union representatives,

The general president appoints members to the

National Negotiating Committee. At the present time, there

are some 200 people, of which I am one, on the National

Negotiating Committee.

Q When you refer to the "general president", are you

referring to the general president of the International

Brotherhood of Teamsters?

A Iam. That's Roy Williams. Roy Williams is, in

fact, the chairman of the National Negotiating Committee,

which is a separate entity from the International Union.

Q And how are employers represented on a lhational

@ 44la 22

1 Committee?

e 2 A Their chairman, the current chairman is a fellow

3 by the name of Blunt -- I believe it is Arthur Blunt, has the

4 same authority as the general president, and he, too, names

« 5 members of his National Committee. In practice, what then

6 happens is that the National Committee is limited to probably

7 ten or twelve people on each side.

e 4 The Supplemental Areas Committee will then sit

9 down and negotiate the supplement, reporting back to the

m 10 National Committee.

e 16

® 19

Q Now, Mr. Byrnes, has Teamsters Local 249 and

Pennsylvania Truck Lines ever had an executed copy of the

National Master Freight Agreement?

—

A No, sir, they have not.

Q Have Teamsters Local 249 ever authorized the

National Negotiating Committee or the Eastern Conference to

negotiate on behalf of Teamsters Local 249 with respect to

Pennsylvania Truck Lines?

A The answer to that would be no, and I can explain

it to you if you would like.

Q Please.

A Under our constitution there are two articles that

are pertinent to the multi-union, multi-umployer contract,

the first of which is -- I believe it is Article 26, which

states that to become party -~- or when an area wide or

OFFICIAL REPORTERS. U & OISTMICT COURT PITTS@URGH PA 15210. .

442a

national agreement is negotiated, all the local unions

involved are to be voted or polled, and a majority of local

unions so polled would constitute an agreement to cnter into

a multi-union agreement with an employer or employers.

The second is a prohibition -- it is set forth, I

believe, in Article 14 -- that says that no local union has

the authority to involve the International Union or a

conference in a collective bargaining agreement without

expressed written consent from the officers of that body.

In Pennsylvania Truck Lines’ case, there was never

a vote taken which involved Local 249 to become party to a

multi-unit or multi-union contract, nor has there ever been

a request from 249 to the International Union to involve

them in the contract with Pennsylvania Truck Lines.

Q So that, as I understand your testimony, the

employees of Pennsylvania Truck Lines represented by Teamsters

Local 249 never voted to bargain with Pennsylvania Truck Lines

on a multi-union, multi-employer basis?

A That's correct.

Q Now --

A Ernie, if the Court pleases, you may want to check

my reference on the constitution.

I'm pretty sure I'm right, but I couldn't swear

to it.

xd 443a 24

1 for identification as Defendant's Exhibit No. l.

2 Can you identify this document, please?

3 A That is the constitution of the International

4 Brotherhood of Teamsters.

5 Q Would you kindly turn to page &5 of that agreement,

6 of that constitution?

7 A All right.

4 Q Mr. Byrnes, I am showing you what's been marked

for identification as Defendant's Exhibit B, and ask you if

that is a photocopy of page 85 of the International

constitution?

A te is.

Q Would you kindly turn to page 95 of the

International constitution?

And I am showing you a document marked for

identification as Defendant's Exhibit C, and ask you if this

is a photocopy of pages 95 through 100 of the International

constitution?

BN It is.

MR. ORSATTI: Your Honor, at this time, I would

like to offer as Defendant's Exhibits B and C, excerpts from

“the International constitution.

Copies of the International constitution are very

difficult to come by right now. It is a fairly recent

version of it. It is the only copy of it that we have in our

OFFICIAL MEPORTERS U S OISTMICT COURT SITTSOURGH PA 18219

mm) Phe

* an

office, and there is only one copy that the union has.

I would just simply like to offer Exhibits B and

MR. BURSTEIN: I would object to the relevancy.

I think you ought to have the whole document. That's a

rather complex document,

I have no objection if he furnishes the Court with

a copy of the entire document.

THE COURT: Admitted.

MR. ORSATTI: I will do so, Your Honor. I will

introduce a copy, if that's necessary.

THE COURT: It is not requested by me. You can

do whatever you like.

MR. ORSATTI: Your Honor, I would like to

continue with my examination of Mr. Byrnes.

oi, Mr. Byrnes, I am going to show you a copy of

a cGocument marked for identification as Defendant Exhibit D,

and I ask you if you can identify this document?

A I can. This was received from my office just after

October 6, 1981.

Q And that is a letter from Gerald LeClaire, vice

president, Labor, Personnel and Safety of Pennsylvania Truck

Lines to various associations.

Could you identify those various associations,

explain who they are, if you know?

445a

A Yes. There are several carriers throughout the

country who, at various times, have given power of attorney

to a or several associations comprised of other motor carriers

and themselves.

The next-to-the-last one is the Western

Pennsylvania Motor Carriers Association, which represents the

carriers in this area.

Q And this letter indicates that Pennsylvania Truck

Lines does not and will not authorize those organizations

to represent it for collective bargaining?

A That's correct.

MR. ORSATTI: I move for the admission of

Defendant's Exhibit D.

MR. BURSTEIN: No objection.

THE COURT: Admitted.

Q Now, Mr. Byrnes, under the terms of the collective

bargaining agreement introduced as Plaintiff's Exhibit No. i,

did you or did any agent of Teamsters Local 249 notify the

employer of its intention to cancel the terms of the contract

that expired on April the lst, 1962, March 31, 1982?

A As a matter of procedure, the girl inthe office

sends a form letter to every carrier that's contracted,

every company that's contracted -- whose contract has

expired.

Q And what is the purpose of notifying these carriers?

OPPICIAL MEPORTERS VU 5S. OISTHICT COURT PITTSOURGH PA 15218

446a

1 A Well, the purpose de to tell them we want to sit

2 down and bargain with them on a successor agreement.

3 Q I am showing you a document marked for identification

4 as Defendant's Exhibit E.

5 Can you identify that, please?

6 A Iocan. That's the form letter that's sent out

7 requesting negotiations.

8 Q And it is signed by William Cherilla.

9 Who is Mr. Cherilla?

10 A Mr. Cherilla is my secretary-treasurer and the

11 office manager.

12 Q Does he report to you?

13 A He does.

14 MR. ORSATTI: I offer Defendant's Exhibit E.

15 MR. LURSTEIN: No objection.

16 THE COURT: Admitted.

17 Q Now, Mr. Byrnes, did you ever meet with Pennsylvanih

18 Truck Lines to negotiate a contract to succeed the contract

19 which expired on March 31, 1982?

20 A I never personally met with them, no.

21 Q Did any business agents of Teamsters Local 249

22 | =meet with Pennsylvania Truck Lincs?

23 A It was reported to me by Mr. Clemens that he had

24 made several attempts to meet and negotiate the drivers

25 contract. He did submit a tentative agreement or reported |

FORM SEL TIT” REPORTERS PAPER & MFG CO 800-626 63:3

8 Ff 8 BRB

447a 28

tentative agreement on the mechanics over there, but he, at

the same time, reported he had not been able to arrive at an

agreement on the drivers.

Q And the mechanics are covered under a separate

contract?

A That's correct.

Q And a separate bargaining unit?

A That's correct.

Q Did you at any time learn that Pennsylvania Truck

Lines was negotiating with the Eastern Conference of

Teamsters with respect to your bargaining unit?

A Whitey came in to me -- Mr. Clemens came in to me

and informed me that he had been told, really through the

grapevine, that Pennsylvania Truck Lines and a Joint

Committee comprised of Loran Robbins from the Central States,

and Chuck Gagnon from the Eastern Conference, were in

negotiations with Pennsylvania Truck Lines.

9 What steps, if any, did you take?

A Immediately I notified the Eastern Conference that

we were not party to any national agreement, and that our

contract was a white paper, is the term we use, contract

between Pennsylvania Truck Lines and Local 249.

Q What is a white paper contract?

A A white paper contract is a contract that's

negotiated locally, typed on white paper.

Pome se

& FF 8 RB

448a 29

Q | And do these white paper contracts ever incorporate

by reference any other multi-employer, multi-union collective

bargaining agreement?

A Yes. Especially contracts that deal with ware-

wousing, transportation of goods, what have you. it's an

expedient step. Rather than sitting down and drawing all

the language of the national agreement, a reference is simply

made to those agreements.

2 Mr. Byrnes --

A In other words, you use the language from that

agreement.

Q Is that the kind of agreement that was executed

between Local 249 and Pennsylvania Truck Lines?

A It was.

Q I am showing you what's been marked for identi fica-

tion as Defendant' 3 Exhibit F.

Can you identify that, please?

A Yes. It's a notice that -- this is what we call

a Titan message. It's an inter-union -- an electronic mail

device that we have.

We had received a notice of a meeting called for

June the 2nd, 1982, by the Eastern Conference.

whitey Clemens, John Clemens, came in to my office

and told me that he had been given a Titan, and I told him

to send this message to the Eastern Conforence notifying them

FORM SEL 71 REPORTERS PAPER & MFG CO @00 626 63:3

4492 30

that, number one, we would not be there and, number two, we

would like to see a copy of anything that was negotiated,

because we were not on their mailing list and were not sent

any information about the contract.

MR. ORSATTI: I would offer Defendant's Exhibit P

at this time.

THE COURT: Any objection?

MR. BURSTEIN: No objection.

THE COURT: Admitted.

Q I am showing you another document marked for

identification as Defendant's Exhibit G.

Can you identify that document?

A Yes. This is another Titan message notifying all

local unions that had Pennsylvania Truck Line Operations that

the Rider, or the contract that was negotiated by the sub-

committee, had been overwhelmingly rejected by a vote of 252

to 17, and that the contract was not apyroved.

Q Now, is that a Rider that was negotiated by the

Eastern Conference and Pennsylvania Truck Lines?

A Yes. The Eastern Conference, Central States and

Pennsylvania Truck Lines.

MR. ORSATTI: At this time I would offer

Defendant's Exhibit G.

THE COURT: Any objection?

MR. BURSTEIN: Only on the grounds, Your Honor,

a CRI oe or et ene

FORM S4.-71' REPORTERS

4508 | 31

that “eee was shown to me and it is a self-serving

document.

THE COURT: Do you have a copy now?

MR. BURSTEIN: I have a copy, but no copys sent

to us in this message. That's all I am saying.

THE COURT: Admitted.

Q I am showing you what's been marked for identifica-

tion as Defendant's Exhibit &H.

Can you identify that, please?

A Yes. It's another Titan message that I sent to

the Eastern Conference, Chuck Gagnon is the representative

and coordinator dealing with Pennsylvania Truck Lines,

advising or requesting that a meeting be held as quickly as

possible to discuss our position relative to Pennsylvania

Truck Lines and the fact that we are not party to a national

agreement.

Q And was there a meeting, in fact, held?

A No, there was no meeting held.

MR. ORSATTI: I offer Defendant's Exhibit Hu.

THE COURT: any objection?

MR. LURSTEIN: I object, Your Honor. It is a

solf-serving document.

There was no evidence that anything like this was

sent to the company.

THE COURT: Admitted.

17;

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