Common use of UTILIZATION OF EQUIPMENT Clause in Contracts

UTILIZATION OF EQUIPMENT. It is agreed that Article 48 shall become inoperative to an operation of the Employer on any day that there are not enough loads to dispatch the available drivers or drivers who become available during regular dispatch hours. An Employer utilizing this Article shall insure the equitable distribution of loads. Employers may make some dispatches into and out of areas where employees are currently on layoff; provided, however, such dispatches shall not exceed twenty percent (20%) of a terminal's loads each day. It is the expressed intent of the parties that these loads be equally allocated to the greatest possible extent. For purposes of calculating twenty percent (20%) of a terminal’s loads, only logically deliverable loads will be considered; competitive loads and shuttle loads will be excluded; and city trips will only be considered to the extent that four (4) city trips will constitute one (1) load. There will be no trip leasing between two (2) different companies when drivers are on layoff at the company doing the leasing. This Article does not apply to any approved competitive backhaul agreements nor does it prevent any two (2) companies or any two (2) different Local Unions from entering into such agreements. This Article shall apply to the Central-Southern Area only, unless another Conference shall agree to be bound by same. Section 1. The Unions recognize the need of the Employers to obtain maximum utilization of equipment. The Unions agree to cooperate with the Employers to obtain this objective in accordance with the provisions set out below: (a) Where work is slow at a driver's home terminal, he/she can be required to deadhead to another terminal on a single trip basis. Such driver shall be dispatched with a load in the general direction of his/her home terminal. Such foreign driver shall be given a trip nearest or beyond his/her home terminal regardless of the local dispatch rules in that terminal. Such driver shall be processed through the dispatch in no more than thirty (30) minutes from registering in at such terminal. Failure on the part of any backhauling terminal to expedite will make such driver eligible to be paid all time spent at such terminal from the registering in time until he/she is dispatched. Such time is to be paid at the appropriate hourly rate in effect at the time of such delay. In the event the terminal does not have or does not keep time records for these types of dispatches, then the driver's own records; i.e., logs and/or extra pay request forms will establish the time to be paid. The type of local dispatch; i.e., "seniority", "time" and/or "first in first out" may not interfere with expediting any otherwise eligible backhauling driver under this section. This subsection (a) shall immediately become inoperative at any terminal on any day that drivers are deadheaded to another terminal on a single trip. No terminal may utilize the provisions of this subsection (a) for more than seven (7) work days without discontinuing its use for an additional seven (7) successive work days. Claims of abuse of this subsection (a), after being taken up with the Employer, are proper subjects for submission directly to the appropriate Area Committee, upon mutual consent. (b) Any driver voluntarily going into a foreign terminal to handle overflow traffic, will work out of that terminal at the bottom of the open board, as defined at that location, under the local dispatch rules governing such terminal. Any such driver will be entitled to the daily guarantee under Article 60 and all motel expenses will be paid by the foreign terminal and will receive $27.00 each day for meals while working out of that terminal and will be provided with a load in the direction of the foreign terminal in order to get him/her to that location, and will be given a load in the direction of his/her home terminal at the conclusion of the assignment, in both instances irrespective of the dispatch procedures in effect. (c) No company shall utilize any provisions of this Article in order to interfere with and/or circumvent other contractual requirements under Article 38 of this Agreement. (d) Employers who operate a central dispatch or similar system will maintain a procedure for documenting calls made by drivers regarding backhauls, and information regarding individual cases will be made available to the local union upon request. Where the Employer tape records such calls, the information will include logs of those tapes. (e) Foreign road drivers will not be dispatched under this Article 48 with any loads of less than thirty (30) miles to the first drop. Section 2. The parties further mutually agree to maximize return traffic. The purpose of such agreement is to: (a) operate the truckaway operation as efficiently as possible; (b) place the Employer in a better position to develop additional traffic; (c) maximize the earning opportunity of truckaway personnel; (d) create better job security for employees in the truckaway industry; and (e) increase the number of jobs, resulting in the development of increased traffic moving by the truckaway method. (f) to create equitable treatment between each terminal affected by this Article. (a) Any driver may be dispatched with a trip toward his home terminal regardless of dispatch procedure at the foreign terminal. (b) Foreign drivers, on one (1) load only, shall be given priority to be loaded out first. Equal treatment shall be afforded to all Local Unions. (c) Once dispatched from his home terminal, a driver may be required to pull a maximum of one trip away from the direction of his home terminal, if there is no trip in the direction of his home terminal available, provided that such an “away” trip has been made available to the domiciled drivers at the dispatching terminal. The forgoing will not preclude a driver from voluntarily picking trips away from the direction of his home terminal. (d) The Employer shall give to the Local Union each month a list of loads given by that terminal to other locations and loads received by that terminal from other locations. Any Employer who fails to provide such reports for three (3) consecutive months will not be permitted to utilize the provisions of this Article until all such reports are provided. Section 4. Should any affected Local Union involved in this Article feel that any particular carrier is abusing the utilization which was granted it shall have the right to file a complaint under the grievance procedure of the contract. After full investigation and review of all evidence presented the grievance committee shall have the authority to deny to any carrier the right to utilize this Article of the Agreement.

UTILIZATION OF EQUIPMENT. It is agreed that Article 48 shall become inoperative to an operation of the Employer on any day that there are not enough loads to dispatch the available drivers or drivers who become available during regular dispatch hours. An Employer utilizing this Article shall insure the equitable distribution of loads. Employers may make some dispatches into and out of areas where employees are currently on layoff; provided, however, such dispatches shall not exceed twenty percent (20%) of a terminal's loads each day. It is the expressed intent of the parties that these loads be equally allocated to the greatest possible extent. For purposes of calculating twenty percent (20%) of a terminal’s loads, only logically deliverable loads will be considered; competitive loads and shuttle loads will be excluded; and city trips will only be considered to the extent that four (4) city trips will constitute one (1) load. There will be no trip leasing between two (2) different companies when drivers are on layoff at the company doing the leasing. This Article does not apply to any approved competitive backhaul agreements nor does it prevent any two (2) companies or any two (2) different Local Unions from entering into such agreements. This Article shall apply to the Central-Southern Area only, unless another Conference shall agree to be bound by same. Section 1. The Unions recognize the need of the Employers to obtain maximum utilization of equipment. The Unions agree to cooperate with the Employers to obtain this objective in accordance with the provisions set out below: (a) Where work is slow at a driver's home terminal, he/she can be required to deadhead to another terminal on a single trip basis. Such driver shall be dispatched with a load in the general direction of his/her home terminal. If no such load exists the driver shall be required to pick a trip away from the direction of the home terminal provided that trip has been made available to the drivers at the dispatching terminal and further provided that any subsequent trip is in the direction of his home terminal. Such foreign driver shall be given a trip nearest or beyond his/her home terminal regardless of the local dispatch rules in that terminal. Such driver shall be processed through the dispatch in no more than thirty (30) minutes from registering in at such terminal. Failure on the part of any backhauling terminal to expedite will make such driver eligible to be paid all time spent at such terminal from the registering in time until he/she is dispatched. Such time is to be paid at the appropriate hourly rate in effect at the time of such delay. In the event the terminal does not have or does not keep time records for these types of dispatches, then the driver's own records; i.e., logs and/or extra pay request forms will establish the time to be paid. The type of local dispatch; i.e., "seniority", "time" and/or "first in first out" may not interfere with expediting any otherwise eligible backhauling driver under this section. This subsection (a) shall immediately become inoperative at any terminal on any day that drivers are deadheaded to another terminal on a single trip. No terminal may utilize the provisions of this subsection (a) for more than seven (7) work days without discontinuing its use for an additional seven (7) successive work days. Claims of abuse of this subsection (a), after being taken up with the Employer, are proper subjects for submission directly to the appropriate Area Committee, upon mutual consent. (b) Any driver voluntarily going into a foreign terminal to handle overflow traffic, will work out of that terminal at the bottom of the open board, as defined at that location, under the local dispatch rules governing such terminalterminal for a period not to exceed twenty-one (21) days. Any such driver will be entitled to the daily guarantee under Article 60 and all motel expenses will be paid by the foreign terminal and will receive $27.00 35.00 each day for meals while working out of that terminal and will be provided with a load in the direction of the foreign terminal in order to get him/her to that location, and will be given a load in the direction of his/her home terminal at the conclusion of the assignment, in both instances irrespective of the dispatch procedures in effect. (c) No company shall utilize any provisions of this Article in order to interfere with and/or circumvent other contractual requirements under Article 38 of this Agreement. (d) Employers who operate a central dispatch or similar system will maintain a procedure for documenting calls made by drivers regarding backhauls, and information regarding individual cases will be made available to the local union upon request. Where the Employer tape records such calls, the information will include logs of those tapes. (e) Foreign road drivers will not be dispatched under this Article 48 with any loads of less than thirty (30) miles to the first drop. (f) A driver on an Article 48, Section 1(b) work assignment who is required to take a 34-hour restart will be entitled to a daily guarantee during that period. Section 2. The parties further mutually agree to maximize return traffic. The purpose of such agreement is to: (a) operate the truckaway operation as efficiently as possible; (b) place the Employer in a better position to develop additional traffic; (c) maximize the earning opportunity of truckaway personnel; (d) create better job security for employees in the truckaway industry; and (e) increase the number of jobs, resulting in the development of increased traffic moving by the truckaway method. (f) to create equitable treatment between each terminal affected by this Article. (a) Any driver may be dispatched with a trip toward his home terminal regardless of dispatch procedure at the foreign terminal. (b) Foreign drivers, on one (1) load only, shall be given priority to be loaded out first. Equal treatment shall be afforded to all Local Unions. (c) Once dispatched from his home terminal, a driver may be required to pull a maximum of one trip away from the direction of his home terminal, if there is no trip in the direction of his home terminal available, provided that such an “away” trip has been made available to the domiciled drivers at the dispatching terminal. The forgoing will not preclude a driver from voluntarily picking trips away from the direction of his home terminal. Prior to dispatch from the home terminal the Employer may designate up to twenty- five percent (25%) of the loads as either Category 1 or Category 2 as described below (neither of which will be considered “hot” or “must go”) and a driver may be required, but not forced on either category of load after the first two (2) days of the driver’s dispatch week, to: (1) Pick one trip away from the direction of his home terminal, provided that such “away” trip has been made available to the domiciled drivers at the dispatching terminal. A driver who picks a trip under this provision shall be paid the full rate, or applicable zone rate, whichever is greater, on all legs where the trip consists of four or more legs. A driver will not be prohibited from pulling four or more trips in order to prevent him from taking advantage of this full rate opportunity. or (2) Pick a maximum of two turn trips from a single terminal, provided that each such trip has been made available to the domiciled drivers at the dispatching terminal, the first of which trips shall not exceed 250 miles to the last drop; and the second of which trips shall not exceed 150 miles to the final drop; provided further that if the first of such dispatches is on a Thursday, only one such dispatch may be required on a trip not to exceed 150 miles to the final drop; and further provided that this subsection (2) may not be utilized on a Friday. All legs pulled under this provision shall be paid at the full rate, or applicable zone rate, whichever is greater. (d) The forgoing will not preclude a driver from voluntarily picking trips away from the direction of his home terminal. Any driver who has pulled four or more legs on any trip under Section 3 shall be paid the full rate, or applicable zone rate, whichever is greater, on all legs. (e) The Employer shall give to the Local Union each month a list of loads given by that terminal to other locations and loads received by that terminal from other locations. Any Employer who fails to provide such reports for three (3) consecutive months will not be permitted to utilize the provisions of this Article until all such reports are provided. Section 4. Should any affected Local Union involved in this Article feel that any particular carrier is abusing the utilization which was granted it shall have the right to file a complaint under the grievance procedure of the contract. After full investigation and review of all evidence presented the grievance committee shall have the authority to deny to any carrier the right to utilize this Article of the Agreement.