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Message: <blockquote data-quote="18wheelbrownie" data-source="post: 254980" data-attributes="member: 5398">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!<img src="/community/styles/default/xenforo/smilies/group1/mad.gif"  class="smilie" loading="lazy" alt=":mad:" title="Mad    :mad:" data-shortname=":mad:" /> 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!<img src="/community/styles/default/xenforo/smilies/group1/thumbup1.gif"  class="smilie" loading="lazy" alt=":thumbup1:" title="Thumbup1    :thumbup1:" data-shortname=":thumbup1:" /></blockquote>

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