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

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## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 1984
- **Citation:** 466 U.S. 949

## 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

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A

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,

oS

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

Panecas CO.. SATOURE, G1. OF008 - Foam tee

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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.

PERGAS CO.. GATONNE, G4. O7008 - FORE 148

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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
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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
2
. notice and the reason supporting his claim that nctice should
3
not be required.”
4
MR. BURSTEIN: well, in this instance notice
5
> was given. I know that the rules of court indicate that
. a grant of a temporary restraining order or preliminary
7
injunction, being so drastic a remedy, requires notice be
8
» 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
12
why notice was not given.
13
. ’ I assume that is there was a riot at the
14
raitlhead, you could come in for immediate relief where
15
notice wes not given on a Saturday or a Sunday when nobocy
16
a : was available, that might be an excuse for failure to give
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notice,
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: But service of the pleadings are not required,
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4 ZI submit.
-
i j THE COURT: It would appear, Mr. Pass, the
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i kind of notice, assuming that we find irreparable harm,
- and we have to hear evidence, the notice has been given
23
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

me

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.
© 14 Q What are your duties as Girector of labor
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
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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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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
23
2 | have @ variety of origins and destinations?
2

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

7

:

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

PEnGAS CO.. GATONNE, us. OF008 « FORE F408

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?
22
4 Yes,
23
Q And to the Eastern Conference advising
) : that the -- advising the Teamsters of this tclegren’
a Yes.
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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 }
4

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

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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

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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 ?

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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

24

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

29
’ 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.
5

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.

15

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

4

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
\1

—
—— - ~

—PLADTES
Deer Bune
ET. Bose.

| es S349 3] fom

—— Rectan cain 5 = Ee
A

mas pay eet |
radmin | 7

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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

2

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
i

bd

_ 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
ke
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.

a
r
¥

rar ii f g2%3%

a

Vl
> iy 2 | ~
Heat i
HH . fal |
Pa ive
S baal i i
4 |

ae

35

He ime a

He i A ie is fl
as aati une An ih

ils ia

ow

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
: 222485 ie Puiihe if

idea $4gu302 Huth 92294493
ae nba 3 3 He in

“Say. tt 2
we &

vw

i in

abu?

ee ara

i aif 4. i: 3 i Ips s
el t it Be i if : :
jitatit ite lla ‘Ha Hiatt

Hook i. 7 nf

fe CT HEE sue
ti pial be “ih sity
: oe a uy
i :

Sete
wae the Tet tae
—-n—

ihe dl
ee
ula i 2 ie a rae
ua ine ia ie Hibs!

;

it

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
2

ee
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

ee

ENPIRGHA AE iH est

{3

Es

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
on juile i id iy alle i

if
i ua ith i iene
Palate

i et
vit a ftalk

tins ti Pat a

ae 3 aca

ae Lf ie a i

=

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

ie

i
|

F a

+i ae
ae oe

Tye 32

a

Ait 428i 1 iu
Ta . : 3 anfis
a He a
i Lc
aif iy zy
i eae i iF dul j
SS

93a

La
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
rh

——
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
of

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
ex

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 :

ii

i
is
a8
f

.

ie
it

: ‘ “

|

ios

Hate

iM

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

Le

i

Sieh

a

Section
® Section 4.
ee

ed if iit £552 935 fi
; fh ne | ia
ii ‘le i
Hy! | i di a Ct ry

ha
a ue

bt He

E:

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
5d

1

ii

ih

|
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 >)

ma

ae

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
i
SZ S53 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
r

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

Ry
(Signed)
Its
(Title)
— 93 —

"611

tho Pensa «

FOR THE COMPANY

(Company)

Bei (Bigned)

me (Titie)

llome Office Address: .

al

(Street)

(City)

—_— - 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.

(c) All must receive their vacation
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

f

(») Road driver's compensation shall be in ac-
cord with this Agreement only.

(c) Permit Loads; All loads requiring a permit
‘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
a

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,

g
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P

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Hl
He
it
i

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Hl
Hit
i

lie
fh
i

®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

Y

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.

By
(Signed)
Its
(Title)
Pa er any: FS Na FORTHE COMPANY ...............
(Company)
By
(Signed)
Its
(Tithe)
Home Office Address:
(Street)
(City) (State)
(Date Signed)

- Mm

7

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 --
ic

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;

a

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

a
*
.
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.
am

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. /

gt

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

ad

PITTSBURGH, PA - HELPERS LOCAL UNION NO. 249

yer Lc cll Le xe it BY:

ITS: Vice President-Labor Relations

wr

Side feo
Ce. 4 es tie Ce )

| af ~ “« Cs ) :
af A ¢
4 ‘wm Cal ae “a ¢ )

18la
a
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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SAMUEL wm BRAVES ATTORWEY FOR PENNSYLVANIA
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,

‘FONE ©&23700 AND OLA, OLR

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
UNL&nFUL aCRK STOPPAGE AT CONRAIL TER 7
PENNSYLVANIA,
SAMUEL w BRAVER ATTORNEY FOR PENNSYLVANTSA TTUCK LINES SUCKANAN
INGERSOLL
S7 FLOOR 600 GRaNnT ST
PITTSSURGR PA 15219

GF ENJOINING THE
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SAMUEL mw SRAVER éTTSSwEY FOR PENNSYLVANT2
TRUCK LINES SUCHENEW INGERSOLL

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PiTTSSURGR FA 1502;¢6

THIS mAl1LGRaw JS g CONFIRMATION COPY OF TRE FOLLOWING “ESSaGE;
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SY2Se2eGu) TOMT erty
PMS JOSEFR J Fass, JR
JUSELIRER Fess and IN
2000 Lanvers 5LVO
PITTSSURGR Pe 15239
THIS IS TS sOvise YOU THET aT APPROXMATELY 3:30P™ OW JULY 9, 1662
PENNSYLV4NIa TRUCK LINES WiLL ePPLy to TRE FEDER&L COURT FOR THE
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

S7 FLOOR 600 Grant ST

PITTSSURGR PE 1$21°8

AS! O7*09 1ozZea EST

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a

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,

a
— 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:

20

Michael D. Powers
21 Official Reporter
22
23

FORM SEL 7tt REPORTERS PAPER OMFG CO 8006266313

18

19

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

5

58

65

95

102

112

20

62

94

99

108

115

40

78

54

—_

422a |

21

24

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

hy

24

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

42
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

21

24

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

24

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

24

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

10
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

24

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. .

ll

ll

12

15

16

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

20
|
a |
22
24 | schedule or agenda of cases?

43la

to

24

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
13

| wit iA. Hides

19

21

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?

4
MR. ORSATTI: No objection.
THE COURT: Admitted.

¢

MR. BURSTEIN: Your Honor, I would call your

4330
14

24

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

15

23

24

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?

A

Q

Correct.

And your union was protesting the discharge and

relied upon Articles 8, 47 and other pertinent articles?

A

Q

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.

i

435a
16

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

17

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

ls
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.

24

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
19

to

24

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%
20

24

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

24

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
17
18
® 19
20
21
°
22

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

24

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

24

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

25

to

24

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

24

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

27
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

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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

18

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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
4

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.

ORM SE. 7'' REPORTERS PAPER © ueg co oo0-epe-aaas

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32

Q I am showing you what's been marked for me
identification as Defendant's Exhibit I.
Can you identify that, please?
A Yes. This is another request sent by me to Gagnon

requesting a meeting, the same meeting be held prior to any

new talks with Pennsylvania Truck Lines.

Q And was a meeting held --
“ No, sir.

Q -- following this message?
A No, there was not.

MR. ORSATTI: I move for the admission of
Defendant's Exhibit I.
THE COURT: any objection?
MR. BURSTEIN: Same objection, Your Honor.
THE COURT: Admitted.
Q I am showing you a document marked Defendant's
Exhibit J.
Can you identify that, please?
A Yes. This was the original letter that I sent to
Joe Trerotola, who is the International director of the
Eastern Conference, when I was first informed that a contract
was being negotiated, a multi-union contract was being
negotiated, wherein I notified the Eastern Conference that it
was our position that we were not party to any joint agreement.
And in that letter I State that the contract

"SOO De ae e oe * “. . ~ 7. pe mee . tf e-

454a | 35

A That's correct.

Q Now, are these forms used only with employers who
are parties to the National Master Freight Agreement?

A No, they are not. We use them throughout the
local union. They are filed. We have grievances against
the paper field, the lumber field, whatever other jurisdiction
we may be in. That's a standard form we use.

Q Is it filed with employers who have absolutely --
who have contracts with Local Union 249, without any

incorporation by reference of the National Master Freight

Agreement?
A Yes.
Q I assume you have read those grievance forms? .
A Well, I scanned them, yes. I didn't read them
word-for-word.
Q Did the matters set forth in those grievances

relate, in any way, to the reasons for the strike which
commenced in July of 1982?

A No, they don'c.

Q What was the reason for Local 249 commencing the
strike against Pennsylvania Truck Lines?

A Well, when --

MR. BURSTCIN: I object. This is irrelevant at

this point. We are not trying justification of the strike.

vhe Court has already ruled on that by granting the temporary

—.

FORM SEL Fit REPORTERS PAPER G&G MFG CO 800-626-6313

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455a | (36
restraining order and upholding the! contempt of the restraining
order.

MR. ORSATTI: Your Honor, we were not -~

"HE COURT: I did not uphold the contempt of this
restraining order, and the restraining order was a temporary
measure until we could hold this hearing to decide whether
both a preliminary and a permanent injunction should be
issued.

MR. BURSTEIN: You did. There was an order
issued on the contempt proceedings.

MR. ORSATTI: my understanding was that there was
not, that it was denied.

MR. BURSTEIN: You made a determination holding
several of the people in contempt.

MR. URSATTI: Not the defendants. Not the
defendant in this case.

THE COURT: Whether I did or I didn't, that's not
my recollection.

But, whether I did or I didn't, I don't know whether
that has any relevance to whether this question is relevant
to the hearing we are holding here today.

Your objection is overruled.

AN Do you want to ask the question again?
Q What was the reason for the strike that was

commenced against -- :

oP Cee ee ee mew et ~~. ‘es ** . . . “-*

456a 37
1 A It was reported to me when I first gained Knowledge

of the strike from a phone call from an official from

3 | Pennsylvania Truck Lines. And when I investigated the thing,
4 I found that our people had gone on strike due to the fact
° 5 that there were no negotiations, as requested by the local

6 union, to the successor agreement, and some incidents that

oo

7 had occurred that they felt was the final straw or the straw

4 8 that broke the camel’: back.
9 y) Now, in your direct testimony you referred to
° 10 paragraph 26 of Plaintiff's Exhibit No. 2, and you testified
| 11 that this was the -- set forth the terms of the grievance
12 procedure between Local 249 and Pennsylvania Truck Lines.
J , 13 now does that language differ, if at all, from
14 the terms under the National Master Freight Agreement?
5 15 A Well, if I could see it. The counsel for
® 16 Pennsylvania Truck Lines referred to the very last sentence
17 in the grievance procedure. Section 26, or paragraph 26,
: 18 speaks first that "It was agreed that any grievance arising
é 19 || between the employees and the employer shall first be adjusted,
20 if possible, between the union and the employer without any
: 21 unnecessary delay. In the event, i:owever, that the employer
and the union are unable to properly adjust such grievance,

same shall be referred to arbitration”.

Now, in the National Master Freight Agreement, all

grievances other than those involving a discharge, would go

FORM SEL TI REPORTERS PLPER OMFG CO 600-626-6313

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457a 638
through the grievance procedure, .1.c., the Joint Area
Committee and the Eastern Conference Committee.

‘In this contract, the grievance procedure speaks
to going directly into arbitration as an option for the local
union or the company.

I would have to assume, not dealing with the company
on a day-to-day basis, that there have been grievances adjusted
through the first paragraph of Article 26, and, in fact, they
presented three grievances at least that were referred to
the other provisions of the Article.

In other words, there is apparently an option
there to use either grievance procedure.

Q Now, iir. Byrnes, following the expiration of the
collective bargaining agreement between Local 249 and
Pennsylvania Truck Lines, was there any agreement to extend
any of the particular terms of the collective bargaining
agreement?

A There was no agreement that we were party to or
that I was aware of.

Q Now, when you testified to the reason for the
strike, cid the fact that you were unable to reach an agreement
with -- or unable to schedule a meeting with Pennsylvania
Truck Lines have anything to do with the reason for striking?

MR. BURSTEIN: I object to the form of the question.

It is manifestly a leading question, bad in form.

* SRa ele e
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470 51

for the involved employees, desire to revise or change terms
or condition of the National Master Freight Agreement and

all Area, Regional and Local Supplements, Addenda, Appendices
or Riders thereto for the next contract period as provided

in Article 39, Section 2, thereof". And I just interpolate,
is the N.M.F.A. And there is said at the bottom, "We enclose
herewith a copy of Article XII, section 14, and Article XVI,
Section 4, of the Constitution of the International
Brotherhood of Teamsters so that you may be informed of the
requirements for entering into a binding agreement”.

Now, sir, you testified with respect to Exhibit D,
and I want to show it to vou, that you had received a copy.
If I am in error, please correct me.

THE COURT: Your question is, Uid he testify that
he sapeives a copy of that exhibit?

i MR. BURSTEIN: Yes, sir.
| | I did, yes.
; Q You are aware of the fact that Pennsylvania Truck
Lines and other motor carriers, prior to the expiration of
the National Master Freight Agreement on March 31, 1982,
“aad designated various trade associations of employers as

collective bargaining agents?

A Correct.
Including the Trucking Management, Iinc.?
A Yes, sir.

, a a |

_—— —

REPORTERS PAPER &@ MFG CO S00 626 63:3

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47la 52

Q And you are aware of the fact that trucking
companies in this area, like PTL, withdrew authority from
their trade associations and had asked to bargain individually?

A That's correct.

2 And were there some in this area with whom you
bargained individually?

| A Several, yes.

Q And did you reach a National Master Freight
Agreement with them?

A In some cases, yes. Some cases, no.

Q And in the instances that you didn't reach a
National Master Preight Agreement, did you enter into a
separate agreement below the standards of the National Master
Freight Agreement?

A Those contracts right now are still being

negotiated or in the process of negotiation.

Q With the knowledge of the International, isn't that
80?

A That's correct.

Q And with the approval of the Eastern Conference,

isn't that so?
A That's correct. Well, I have got to back up there.
the Eastern Conference and the International Union
really have nothing to do with the negotiations.
W Well, the International then?

FORM SEL 7tt REPORTERS PAPER GO wFG CO 800-626 6313

4728 -

A The International has nothing to do with the
negotiations. The National Negotiating Committee does.

re) And that's the National Negotiating Committee
of the International, isn't it?

A No. Again, I am not being argumentative.

The National Negotiating Committee is a separate
entity apart from the International Union, the Conference and
any local union.

. Who created it?

A The National Negotiating Committee was created
through agreement between the parties to the National Master
Freight --

Q And who represents the unions on the National
Negotiating Committee?

A Those people that are appointed by the general
president or the general chairman of the National Negotiating
Committee.

Q How about the Executive Board of the International,

do they have any role in that?

A Not necessarily, no.

Q Are you familiar with the constitution?

A IT an.

Q And do you find anything in the constitution which

tells you how they constitute a National Negotiating Committee?
THE COURT: I think he already testified that the

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473a -”

president appoints some 200 people.
iiR. BURSTCIN: Ukay. Just allow me onc moment,
Your Uonor.
I have nothing further, Your Honor.
THE COURT: any further questions for this witness?
MR. ORSATTI: Just a few, Your Honor.
RECROSS-iXAMINATION
BY MR. URSATTI:
® Mr. Lyrnes, I am showing you my copy of Defendant':
Exhibit E, and I believe you testified previvusly that that
is a form letter?
A That's correct.
Q That is not a letter that was prepared especially
for Pennsylvania Truck Lines?
A No, sir, it is not. It is sent to any company
that is involved in either the transportation of freight under
the National Agreement or those companies that are involved,
warehousing, what have you, with the general movement of freigh
Q | Mr. byrnes, I am showing you a letter marked for
identification as Defendant's Exhibit L.
Can you identify that, please?
A That's a letter dated May the llth, 1979.
At that time, as I testified earlier, there was
no agreement whatsoever, other than a handshake agreement,

between Pennsylvania Truck Lines and Local 2439.

t.

55
1 | Apparently I had received a letter from Mr. LeClaira,
2 who, at that time, was the vice president of labor relations
3 with the company, indicating his acceptance of the National
4 Master Freight and supplements thereto.
5 I notified him that Local 249 was not and has --
6 was not, has not and will not be party to the National Master
7 Freight Agreement or any supplement thereto with Pennsylvania
4 Truck Lines, and suggested that he contact business agent
9 Whitey Clemens to arrange a meeting.
10 Q Now, that was in connection with the last signed
11 agreement between --
12 A That would be the agreement that began in 1979

*) 13 | and ran through 1981 or 1942. I'm sorry.
14 MR. ORSATTI: Your Honor, I don't have a copy of
15 this letter. I would like to offer this at this time, and I
16 would like to withdraw it and provide copies.
17 THE COURT: Any objection?
18 MR. BURSTEIN: Only on the grounds of relevancy,
19 because we say there is an agreement.

THE court: Admitted.

During the lunch hour you can withdraw it and have

a copy made.

FORM SEL-71t REPORTERS PAPER & MFG CO 800-626-6313

20
21

22

23 MR. ORSATTI: Thank you, Your Honor. I have no |
24 further questions. :

%

THI COURT: Any further questions?

56

475a
1 MR. BUR

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385011_0699%3A3. Public record. Not legal advice.