Holland | 2019-2024 Yrcmfa Synopsis (part 1)

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2019 - 2024 YRCMFA Synopsis
Mark Stewart·Thursday, April 18, 2019
As a more than 37 year Teamster including 13 years spent as a steward, I am conditioned to approach each contract negotiation/renewal with a certain methodology. Read, dissect, interpret and always look between the lines for some hidden agenda. Please understand that the following is my interpretation and opinion. If anyone has an alternative or contradictory opinion by all means post it here. This post is to inform and to incite debate. The more informed we are the better outcome we can achieve. In the process of reviewing the 2019-2024 contract tentative agreement, I have encountered some issues that I believe are possibly not being considered by the members of the collective unit. If you have only scanned over the agreement and/or read the highlights, you may not have a good understanding of the agreement. Please read this post completely! The changes in this agreement are mostly restructuring of the contract to reflect that, YRC Freight, Holland and New Penn are now set aside from all other companies, associations, and other entities that are signatories in the NMFA that we used to be a part of. We are now all alone in our own MFA and will never again be equal in value to the rest of the competition that are under the NMFA that we used to be a part of. Let that sink in. You will from this day forward always be “less than equal”. Might as well call it the “YRCMFA”.The language now states that if YRCW were to sell either as whole or partial, YRCW must inform prospective buyers that they would have to honor the contract of the effected unit(s) until the date of termination of such contract. This is important because future liabilities such as pension reform may force YRCW to sell off part of its assets in order to fund these liabilities. In that case, the contract requires new owners to honor said contract until its termination. This could be a plus but it could also be a negative.
  • The plus being (if you can consider it a plus), that this contract is iron-clad, so to speak, until termination date and thus provides the protection of said contract.
  • The negative is that if the buying entity is comprised of a bargaining unit with a superior contract, the buying entity wouldn’t have to bring the purchased unit in under the superior contract.
The new language removes seniority rights and dovetail provisions in the case of sale, lease, transfer or other mechanisms for new ownership. New owners have no obligation to employ any employee.
  • If new owner incorporates unit members into their current operations, they are not obligated to recognize seniority and dovetail rights. Purchased units most likely will be added to the bottom.
  • If a new owner operates the purchased unit(s) separately from their regular current operations then seniority should be preserved.
As far as the highlights are concerned, let’s just say that the best parts of the agreement are represented here. However, they may not be accurately represented. The less than par wage package is probably more less than par than it appears. If you think you are getting the face value of the yearly wage increase, think again, you aren’t. It is true that at the end of the contract the hourly wage will be $4.00 higher than today and the mileage pay will be 10 cents higher. However in reality those values will not be realized until the day after the contract expires on March 31, 2024. Let me explain for those who haven’t figured it out or have overlooked it.For the first two (2) years of the contract you will receive from day one (including retro pay back to April 1, 2019) 100% of the bargained wage increase for the entire year.
  • 2019 Hourly- $1.00 hour / $.025 mile. These wages are face value and will be earned for the entire year.
  • 2020 Mileage- $.70 hour / $.0175 mile These wages are face value and will be earned for the entire year.
For the last three (3) years of the contract the wage increase will be a split payment. The first 26 weeks will be reduced by 50% and the remaining 26 weeks will be payed at 100%. Example;
  • 2021 Hourly - $.35 hour × 26 weeks + $.70 hour × 26 weeks for an average of $.525 hour for the entire year. That’s $.175 hour less than represented. If you are a road driver and 20% of your wage is hourly and averages 12 hours/week you would lose about $110 in the first half.
  • 2021 Mileage- $.00875 mile × 26 weeks + $.0175 mile × 26 weeks for an average of $.013125 mile for the entire year. That’s $.004375 mile less than represented. If your average mileage is 2500 – 3000/wk you would lose $589 - $683 in the first half.
  • 2022 Hourly- $.40 hour × 26 weeks + $.80 hour × 26 weeks for an average of $.60 hour for the entire year. That’s $.20 hour less than represented. If you are a road driver and 20% of your wage is hourly and averages 12 hours/week you would lose about $125 in the first half.
  • 2022 Mileage- $.01 mile × 26 weeks + $.02 mile × 26 weeks for an average of $.015 mile for the entire year. That’s $.005 mile less than represented. If your average mileage is 2500 – 3000/wk you would lose $650 - $780 in the first half.
  • 2023 Hourly- $.40 hour × 26 weeks + $.80 hour × 26 weeks for an average of $.60 hour for the entire year. That’s $.20 hour less than represented. If you are a road driver and 20% of your wage is hourly and averages 12 hours/week you would lose about $125 in the first half.
  • 2023 Mileage- $.010 mile × 26 weeks + $.02 mile × 26 weeks for an average of $.015 mile for the entire year. That’s $.005 mile less than represented. If your average mileage is 2500 – 3000/wk you would lose $650 - $780 in the first half.
 
2019-2024 YRCMFA Synopsis (Part 2)

That’s a total loss of $360 hourly and $1,889 - $2,243 mileage in the three years with the 50% reduced pay. When all is figured and averaged out you will have only earned $3.425 hour and $.085625 mile for the five year period and won’t start earning the advertised wage increases until April 1, 2024 at which point a new wage package should be negotiated. Estimated savings in wages, taxes and benefits for the company on the years with split payments could be upwards of $20-25 million in each of those years. The current contract and MOU's have cost this bargaining unit far too much to allow them to keep taking. This wage increase should at the very least be made whole for the entire year of the earned increase. Even then, it is far less than it should be.Whereas the pension is concerned, I have heard many commenting that they believe the company will be increasing the contribution by an additional 8% per year to a final contribution of 66% at the end of the contract period. This is wrong! The company will maintain the current 25% contribution until contract termination. The only additional funds that will be paid are regular and ordinary charges by the Fund to cover costs of interest and other expenditures incurred by the Fund resulting in lost contributions from YRC and other employers with reduced contributions. YRC pays these charges every year but they are capped at 8%. These are not added contributions. The language in section 8 of the Economic Settlement Agreement explains this. Please understand that the 8% addition it talks about is annually and is not a contribution increase! The maximum amount of total contribution including the 8% service charges would only be 33% annually. Talk to your steward about this if you don’t understand. There is language added to Article 27, Emergency Reopening which states that the Company or the Union can reopen the contract for negotiation if; legislation is enacted that directly impacts the Company’s contribution obligations, (or) results in the employees’ reduction in benefits or accruals, (or) requires employees to contribute to their pensions. The questions you should be asking yourself and your Union leadership is where is the 67% difference going to come from if legislation requires 100% contribution? Remember, the Company has capped their portion at 33%. Do you have a plan for that if it happens? The TNFINC is proud to say they have saved us from a Health and Welfare co-pay but a required pension contribution, especially 67%, would be devastating to your financial position!As far as the rest of the agreement I am personally fine with it. New hire rates at 100% if they have two (2) years experience doing the same work, two (2) year progression for others and bringing everyone currently in progression up to 100% I’m fine with. New non-CDL driving jobs will keep non-union contractor work in check or possibly eliminate it. It was only a matter of time before the 34 hour restart was allowed. We will find out if it is abused in due time. New rules for purchased transportation that provide protection for linehaul drivers will be challenging at best and will require diligence on our part to make sure there is no abuse. None of these present negative issues in my opinion but you may disagree, if so comment here and for that matter comment about any thoughts you may have regarding this agreement. Like I said in the opening paragraph, this post is about informing and inciting debate.These are what I consider to be issues that may be deciding factors in your decision to vote either yes or no. With pension reform on the horizon and no plan by the Company to make it whole, coupled with an unsatisfactory wage package I will say right now that I AM A DEFINITE NO! I believe they can and should do better. That being said, I personally think that the TNFINC representatives have not misrepresented the financial state of YRC. I think that they are, as in the words of a wise friend, “on the razor’s edge" financially. There may “not be another penny out there" but some of the things in this tentative agreement should not be accepted. I don’t believe a “NO” vote will necessarily trigger a strike, not immediately anyway. This company is still just shy of $900 million in debt and I don’t believe the creditors will sit by and let them just call it quits, especially since there is not much in asset left for them to liquidate (properties and most equipment are leased). I believe that this is not their final offer. I think a “YES” vote will have them smiling all the way to the bank but a “NO” vote will find them hurrying to get a “Last Best Final Offer” on the table before their customer base starts dwindling.You need to do four (4) things.
  1. GET INFORMED
  2. ASK QUESTIONS
  3. GET ANSWERS
  4. V – O – T – E !!!!
The worst thing that could happen is that the apathy of this membership causes a shortfall of the 50% rule and the contract would be ratified by the IBT regardless of the wishes of the majority of this bargaining unit. I was unable to be at my Local’s information meeting because of prior commitments but I’ve heard that just as I predicted, Union leadership was pushing the “Yes” vote and deflecting the hard questions. Don’t be intimidated by this. The vote is yours. Make the best of it!
Fraternally,
Mark Stewart
Holland, SL Linehaul.
:hyper:
 
2019-2024 YRCMFA Synopsis (Part 2)

That’s a total loss of $360 hourly and $1,889 - $2,243 mileage in the three years with the 50% reduced pay. When all is figured and averaged out you will have only earned $3.425 hour and $.085625 mile for the five year period and won’t start earning the advertised wage increases until April 1, 2024 at which point a new wage package should be negotiated. Estimated savings in wages, taxes and benefits for the company on the years with split payments could be upwards of $20-25 million in each of those years. The current contract and MOU's have cost this bargaining unit far too much to allow them to keep taking. This wage increase should at the very least be made whole for the entire year of the earned increase. Even then, it is far less than it should be.Whereas the pension is concerned, I have heard many commenting that they believe the company will be increasing the contribution by an additional 8% per year to a final contribution of 66% at the end of the contract period. This is wrong! The company will maintain the current 25% contribution until contract termination. The only additional funds that will be paid are regular and ordinary charges by the Fund to cover costs of interest and other expenditures incurred by the Fund resulting in lost contributions from YRC and other employers with reduced contributions. YRC pays these charges every year but they are capped at 8%. These are not added contributions. The language in section 8 of the Economic Settlement Agreement explains this. Please understand that the 8% addition it talks about is annually and is not a contribution increase! The maximum amount of total contribution including the 8% service charges would only be 33% annually. Talk to your steward about this if you don’t understand. There is language added to Article 27, Emergency Reopening which states that the Company or the Union can reopen the contract for negotiation if; legislation is enacted that directly impacts the Company’s contribution obligations, (or) results in the employees’ reduction in benefits or accruals, (or) requires employees to contribute to their pensions. The questions you should be asking yourself and your Union leadership is where is the 67% difference going to come from if legislation requires 100% contribution? Remember, the Company has capped their portion at 33%. Do you have a plan for that if it happens? The TNFINC is proud to say they have saved us from a Health and Welfare co-pay but a required pension contribution, especially 67%, would be devastating to your financial position!As far as the rest of the agreement I am personally fine with it. New hire rates at 100% if they have two (2) years experience doing the same work, two (2) year progression for others and bringing everyone currently in progression up to 100% I’m fine with. New non-CDL driving jobs will keep non-union contractor work in check or possibly eliminate it. It was only a matter of time before the 34 hour restart was allowed. We will find out if it is abused in due time. New rules for purchased transportation that provide protection for linehaul drivers will be challenging at best and will require diligence on our part to make sure there is no abuse. None of these present negative issues in my opinion but you may disagree, if so comment here and for that matter comment about any thoughts you may have regarding this agreement. Like I said in the opening paragraph, this post is about informing and inciting debate.These are what I consider to be issues that may be deciding factors in your decision to vote either yes or no. With pension reform on the horizon and no plan by the Company to make it whole, coupled with an unsatisfactory wage package I will say right now that I AM A DEFINITE NO! I believe they can and should do better. That being said, I personally think that the TNFINC representatives have not misrepresented the financial state of YRC. I think that they are, as in the words of a wise friend, “on the razor’s edge" financially. There may “not be another penny out there" but some of the things in this tentative agreement should not be accepted. I don’t believe a “NO” vote will necessarily trigger a strike, not immediately anyway. This company is still just shy of $900 million in debt and I don’t believe the creditors will sit by and let them just call it quits, especially since there is not much in asset left for them to liquidate (properties and most equipment are leased). I believe that this is not their final offer. I think a “YES” vote will have them smiling all the way to the bank but a “NO” vote will find them hurrying to get a “Last Best Final Offer” on the table before their customer base starts dwindling.You need to do four (4) things.
  1. GET INFORMED
  2. ASK QUESTIONS
  3. GET ANSWERS
  4. V – O – T – E !!!!
The worst thing that could happen is that the apathy of this membership causes a shortfall of the 50% rule and the contract would be ratified by the IBT regardless of the wishes of the majority of this bargaining unit. I was unable to be at my Local’s information meeting because of prior commitments but I’ve heard that just as I predicted, Union leadership was pushing the “Yes” vote and deflecting the hard questions. Don’t be intimidated by this. The vote is yours. Make the best of it!
Fraternally,
Mark Stewart
Holland, SL Linehaul.
:hyper:
As a recent retiree from Holland I hope these drivers will listen to you. Something has to be done about the pension Central States will be insolvent In 5 years. Everyone needs to look at their retirements.
 
As a recent retiree from Holland I hope these drivers will listen to you. Something has to be done about the pension Central States will be insolvent In 5 years. Everyone needs to look at their retirements.

I am not a math major, but with 4plus guys retired to every man working, there is nothing and I mean NOTHING that the company or employees can do to fix it.
This should have been addressed many many years ago.
 
Thank you Mark for a very well thought out post. I hope everyone reads it and takes into account, all the points you raised. Having said that, I think voter apathy, or IBT induced voter apathy will let this pass. I've been assured by a friend who's a BA, that the votes are always on the up and up. Sure, maybe at a local level, but the International isn't going to let this get out of hand. They will count up to the 40% (or whatever level is needed to impose the contract)and stop there. This was a good start but it doesn't pass muster.
The part about the sale of any part of the company was particularly interesting. Especially the language. I don't think ANY company would buy YRCW or any part of it, The statement that they would be buying the contract pretty much settles that. No company in their right mind would buy a union company with the contract in place. I'm not looking for any surprises, It'll be close, but in the end this is the contract. And as usual, you won't find anyone who voted yes just like last time. Thank you again for a well thought out post. Good luck to us all.
 
Sounds like Mark is more informed and has a better understanding than most business agents.Hats of to him.

My take on the concerns is that no one will buy a company with over 2 billion in pension withdrawal liabilities.

Obviously split raises don't yield as much as the entire raise coming in April.
But even Mark recognized the company is on " razors edge financially " as he put it.
That being said,it tells me the company is struggling to give what they are offering and the union is giving them 6 months breathing room to complete the other half of the raise.

By no means is a raise a loss no matter how you do the math.

He doesn't believe a No vote will trigger a strike right away.

Our freight director and economic advisory panel predict a Memorial Day closure with a No vote.

No contract language is ever perfect. Personally I think there is a possibility of getting more only by taking from someone else. I don't think Ernie is lying to us.

As far as pension contributions sorry I don't agree.
When 68% of the full contribution rate for Holland would be going towards people that have never worked for Holland that is nothing short of a Ponzi scheme.

I for one am relying on the executive leadership for union freight.
Voting on our own speculations and risking jobs and insurance for 25,000 rank and file just isn't worth that risk to me.
 
I would like to second the post by falconfan right above this one, very well said! i also hear so much speculation around here about things like the company is not giving us enough but in a few years they are going to ask for concessions again because they are giving us too much....huh? You can also tell the true no voters by the way they twist the numbers to make this a pay cut and the fella that said save the pension, well that ship has sailed maybe when they talked about reducing monthly payments a number of years ago to make it last longer some of you guys that are worried about it now should have spoken up and supported that. I am not looking to start trouble but Freightmaster are you the steward from St Louis that was telling everyone that we were going to be bought by UPS before the first of the year or was that another steward? You guys do what you have to do, I am voting yes which I think is best for me and my family and I hope everyone on here votes what is best for themselves and their families!
 
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