ARTICLE 26
COMPETITION
Section 1. The Union recognizes that the Employer is in direct competition with the United States
Postal Service and other firms engaging in the distribution of express letter, parcel express, parcel
delivery, and freight, both air and surface. In order to meet that competition and thereby protect and, if
possible, increase the number of bargaining unit jobs, it is agreed that any provisions in this Agreement
to the contrary notwithstanding, the Employer:
(a) may use substitute means of transportation (such as airplane, helicopter, ship or T.O.friend.C.) in its
operations; provided, however, that no feeder driver with more than three (3) years of seniority in the
feeder driver classification in the employ of the Employer, as of August 1, 1997, will be laid off or
displaced from a feeder classification as a result of a run being placed on the rail. However, the
Employer shall not be required to remove loads from the rail to provide work for employees whose
ground loads were eliminated or temporarily discontinued. Any claimed abuse of this Section by any of
the Local Unions shall be subject to immediate review by the National Grievance Committee.
Merchandise that has been tendered by United Parcel Service to the railroad and moved by T.O.friend.C. will
not subsequently be moved by the railroad, on the ground, to its final destination. Any exception to the
above language will be in cases of an emergency or cases where the railroad must ground the
merchandise early to meet the Company's service commitment. In these cases, every effort will be made
to use UPS employees.
In order to expand the work opportunities for members of the bargaining unit, the Employer will
consider removing additional loads from the railroad or the other substitute means of
transportation specified in this Article. When the Employer removes loads on other than a
temporary basis, it shall notify the Union of the number of new runs to be created as a result of
moving such loads on the ground. The Employer and Union shall agree on the most expeditious
method to obtain additional personnel and/or equipment, if necessary, for the new runs to be
operated by bargaining unit members. If the equipment or employees are not available, the
Employer may use subcontractors for a reasonable start-up period, not to exceed thirty (30) days.
The subcontracting can exceed thirty (30) days with the Union’s agreement if there are problems
obtaining additional personnel or equipment. Agreement under this paragraph will not be
unreasonably denied by the Union. All feeder positions created as a result of returning loads to the
ground shall be counted toward the Employer’s obligation to create full time jobs under Article
22.3 of this Agreement.
Bargaining unit employees will move scheduled T.O.friend.C. loads from the rail yards to UPS locations
except during peak season.
During peak season, the Employer will make every reasonable effort, in accordance with the
appropriate Supplement, Rider or Addendum, to use current UPS employees and hire a sufficient
number of employees to handle peak volume. After doing so, the Employer may use alternate means of
transporting packages during peak season and will utilize union carriers whenever possible. Plans to
utilize outside carriers will be reviewed and agreed with the Local Union. Such agreement will not be
unreasonably withheld.
(b) may drop loaded or empty trailers at locations designated by it, its customers or consignees for
customer or consignee loading or unloading. It is understood that customers and consignees will not
move trailers for loading and/or unloading other than on their premises. It is further understood that
dropping and picking up these trailers shall be done by members of the bargaining unit.
(c) All loading and unloading of dropped shipments at UPS locations will be done by UPS bargaining
unit employees.
Section 2. A Joint UPS/IBT Competition Committee shall be created with an equal number of
Employer and Union representatives. The Committee shall meet upon written request by either
party for the purpose of discussing and evaluating proposals which, if adopted by the Committee,
could create additional bargaining unit jobs, enable the Employer to more effectively compete
with other companies, implement new services and products, or change existing services. Nothing
within this provision or Agreement shall require the Employer to offer or maintain any particular
service or product.
Section 3. Notwithstanding any other provisions of the Agreement or any Supplement, Rider or
Addendum, only the Local Union with jurisdiction in the geographic area in which a
subcontracted feeder movement originates or the Teamsters United Parcel Service National
Negotiating Committee in its own name shall have the right to file or pursue a grievance alleging
that the movement is a contractual violation.
thanks jimmie & kenny for watching out for the new feeder drivers!
now everyone go toe the apwa websight and join up , so we can get rid of these numskulls for bringing back a contract like this after 9 months of negotiating with ups ! click on package division for a vote authorization card and make ups employees their own union!