February 15, 2012: The United States Department of Transportation ("Department") has issued an Hours-of-Service ("HOS") Final Rule, that is meant to reduce the excessively long work hours of Commercial Motor Vehicle ("CMV") drivers. The Department wants to ensure drivers have enough time to obtain adequate rest on a daily and weekly basis, because excessive driving hours increase the risk of fatigue-related crashes and long-term health problems for drivers.

The objective of the final rule is to reduce the acute and chronic fatigue of drivers. The effective date of the final rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013.

The Federal Motor Carrier Safety Administration ("FMCSA") made several changes to the HOS rule. The three primary changes include:

• Restarts are now limited to one per week;

• restarts must include 2-night periods between 1:00-5:00 a.m.; and

• drivers must take a 30-or-more minute break after 8 consecutive hours of driving.

The "34-hour restart" rule limits the number of restarts a driver is permitted to take in a one-week time period or every 7 days (168 hours). This new limitation prevents the excessive buildup of on-duty hours, and will reduce a driver's maximum allowable hours of work per week from 82 hours to 70 hours, a 15% reduction.

In the past, a driver was able to use a restart every 5 or 6 days, and he/she could average 80 or more driving hours a week. The Department found these drivers to be chronically fatigued, and the 34-hour restart period was found to only mitigate, not eliminate the sleep debt built up during the work week.

The second change found in the rule requires a driver rest at least two periods between 1:00-5:00 a.m.. This rule mainly affects drivers who work more than 70 hours a week on a continuing basis. For example, a driver who has reached the 70-hour maximum may begin a restart period on Friday evening at 7:00 p.m.. That driver would not complete the restart period until Sunday morning at 5:00 a.m.. The restart period was adjusted to provide the driver with 2 consecutive nights of rest. To avoid confusion regarding when the 1:00 a.m. time-period begins, the drivers' log times are to be based on the time zone of their home terminal, rather than "local time."

The final rule change requires that if more than 8 consecutive hours on duty have passed since the last off-duty period of at least half an hour, a driver must take a break of at least 30 minutes before driving.

According to FMCSA, recent research has shown that any break from driving reduces risk in the hour following the break, but off-duty breaks produced the largest reduction in risk. Meal breaks, time spent in the sleep berth, or any other off-duty time of at least 30 minutes qualifies as a break; however, drivers are not allowed to count time spent waiting to be loaded or unloaded as break time, unless the driver has been released from all responsibility for the truck.

Drivers who are carrying certain explosives are required to attend to their vehicle at all times. The FMCSA created an exception for these CMV drivers carrying explosives by allowing them to count on-duty time spent attending the CMV, but doing no other on-duty work, toward the break.

FMCSA also created an exception for team drivers, so that they are able to "keep the truck moving." Each driver is permitted a 10-hour break, which requires a minimum of 8 hours in the sleeper berth and allows a maximum of 2 hours in the passenger seat. Team drivers are permitted to continue this pattern until one driver reaches the maximum driving limit.

The FMCSA also revised the oilfield operations rule to more specifically address how records should be maintained.

The penalties for drivers who do not comply with the final rule has been updated. Any driver or company that allows a driver to drive 3 or more hours beyond the driving time limit may be considered an egregious violator and subject to the maximum civil penalties.

The FMCSA chose 3 hours because under adverse driving conditions drivers are allowed up to 2 extra hours of driving. The FMCSA found driving 3 hours beyond the normal driving limits would severely test a driver's stamina and substantially increase the risk of a fatigue-caused crash.

The FMCSA projects the rule will also produce an annual benefit of approximately $160 million a year. The Agency estimates that the benefits of the rule, reduction in crashes and improved driver health, will outweigh the cost of enforcement.

By February 27, 2012, all drivers must begin complying with the on-duty time requirements and the oilfield exemption. In addition, the updated penalties will be applied to all driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit; however, the Department will not enforce the minimum 34-hour restarts and the rest breaks until July 1, 2013.

Companies should update their company policies and consider holding mandatory training sessions so that drivers will understand these rule changes. Failure to ensure compliance with these HOS rule changes could expose drivers and companies to civil penalties and require drivers be taken off the roads.

Click here to read more.

February 2, 2012: A bad economy. A presidential election. All eyes are on good jobs and how to create them.

The Teamsters Union can stand up for good jobs—starting right in our own contracts.

It’s a presidential year and all eyes are on the economy, good jobs and how to create them.

President Hoffa has done a good job in the media speaking out for jobs—including a federal Jobs Bill that would put construction Teamsters to work rebuilding our infrastructure.

But with 1.3 million members, the Teamsters Union can do more than call for good jobs: we can fight for them—by enforcing our contracts, taking on subcontracting and job elimination and bargaining contracts that create new full-time jobs.

Teamsters for a Democratic Union (TDU) brings Teamsters together—from every industry and the public sector—to win and protect good jobs.

The new issue of Teamster Voice highlights a series of attacks on Teamster jobs—and opportunities for our union to defend our work and fight for good union jobs.

The 1997 strike at UPS forced the company to combine 40,000 part-time jobs into 20,000 full-time jobs. Today, the company is cutting driver jobs and full-time combo jobs—and packages are being subcontracted to the Post Office.

It’s our job as a union to make sure that more packages means more good, full-time jobs—not more excessive workloads, production harassment, and subcontracting.

In the freight industry, a proposed change of operations at YRC Freight threatens to eliminate Teamster jobs. ABF management is gearing up to demand concessions in contract negotiations next year. It’s time to draw the line against concessions and job elimination in the freight industry.

That includes UPS Freight, where subcontracting has gone unabated for years. Through TDU, UPS Freight Teamsters are networking nationally to take on subcontracting and gear up for next year’s contract negotiations, where the fight against substandard union jobs will come to a head.

TDU works to inform and unite Teamsters in every local to protect good jobs—whether you work under a national agreement or a local contract, for a private company or in the public sector. We’re all in this together in the fight for good jobs and a better future.

February 2, 2012: The National Master Freight Agreement expires a little more than a year from now.

It’s time to get ready—or we will regret it later.

Bargaining for the NMFA will start well before the contract expires on March 31, 2013. Members are saying now is the time to start getting ready.

“We need to take the lead at ABF,” commented Geneva Huneycutt, a road driver out of Indianapolis. “The company is profitable. There’s no need for concessions.”

Maintaining standards has been an uphill fight over the past four years as freight Teamsters have seen the steady deterioration of past contract gains. They’ve seen little push back from Teamster leaders when it comes to defending the contract.

But members know they can make the difference because in the end it comes down to their vote on any contract.

“ABF claimed they needed concessions to stay in business,” said Everette Cole, a road Teamster at ABF in Atlanta. “We did the right thing voting down concessions. ABF is still making money—and we didn’t take a pay cut.”

ABF recently reported a profitable year for 2011, a solid improvement over 2010.

“Hoffa and Tyson need to understand they were wrong when they pushed the ABF concessions,” said Huneycutt. “Members want a leadership that’s got a backbone. Our starting point and bottom line has to be a ‘no concessions’ stance. Members will rally around that. We’ve taken the short end for too long and we’ve had enough.”

Members Need a Plan

It will be up to Teamsters at ABF to take the lead on the next contract. It will also be crucial to be prepared for the 2013 negotiations. Members need a contract campaign plan and it’s high time the IBT get going on making it happen.

“At the end of the day, we need to make sure we have a national freight contract,” concluded Huneycutt. “That’s always been our union’s strength.”

Our Vote Is Our Power

“ABF claimed they needed concessions to stay in business. We did the right thing by voting down the concessions. ABF is still making money—and we didn’t take a pay cut.”

Everette Cole, Local 728, Atlanta

No Need for Concessions

“We need to take the lead at ABF. The company is profitable. There’s no need for concessions. Our starting point and our bottom line has to be ‘no concessions.’ Members will rally around that.”

Geneva Huneycutt, Local 135 Indianapolis

January 31, 2012: YRC Inc. is getting out of the next-day delivery business as it continues to shift its focus to being a pure-play long-haul carrier.

The company, the national less-than-truckload division of Overland Park-based YRC Worldwide Inc. (Nasdaq: YRCW), mailed a series of proposed work changes to dozens of International Brotherhood of Teamsters union locals last week. They have to approve the changes, which are likely to mean job cuts.

Click here to read more at The Kansas City Business Journal.

January 17, 2012: Anti-worker politicians in Indiana are trying to push through “Right to Work” legislation. Indiana Teamsters are saying this law is “Bad for Indiana.”

“Republicans claim right to work legislation will create more jobs. Statistics show that Right to Work means lower wages and unsafe working conditions,” said Matt Zentz, a Local 135 Teamster at Holland. “Is this what working people in Indiana really need?”

The law would make it illegal for unions to make workers who get the benefits of a union contract pay their fair share. According to a study by the Economic Policy Institute, Right to Work laws lower average income by about $1,500 a year in the 22 states where they are on the books.

Geneva Huneycutt, an over-the-road driver at ABF, agreed: “"This right to work legislation is nothing but an attack on our hard won union rights."This right to work legislation is nothing but an attack on our hard won union rights.”

“It’s time for Teamster members to stand up and say “no way” to corporate greed and these corporate politicians.”

Indiana Republicans are pushing this legislation through both the Indiana House and Senate quickly. But opponents of the bill are trying to put the issue on the ballot, so that Indiana voters can decide.

Last fall, Ohio voters rejected an anti-union bill there by 61 percent.

Take a stand for workers’ right at Bad for Indiana.

January 9, 2012: YRC, looking to restructure its operations as the trucking operator seeks to rebuild its finances, is preparing for talks with the Teamsters union on a redesign of its freight terminal network and how its union employees handle shipments.

The redesign is the next step in a restructuring at the nation’s third-largest less-than-truckload carrier started last year by new YRC President Jeff Rogers. It’s part of a broader overhaul of the YRC Worldwide business that’s taken place since a financial rescue that included critical concessions from the Teamsters.

Click here to read more at The Journal of Commerce.

January 6, 2012: Trucking company YRC Worldwide Inc. said Thursday it is selling the former Roadway headquarters in Akron to the developer of the new Goodyear headquarters and expects up to 100 people will lose their jobs in upcoming months.

About 100 other YRC Worldwide employees will transfer to office space at company truck terminals in nearby Copley and Richfield, with another 50 getting offers to relocate to jobs in Kansas, South Dakota and Iowa.

Click here to read more.

January 3, 2012: U.S. Transportation Secretary Ray LaHood today announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving.

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly," said Transportation Secretary Ray LaHood. "I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel."

Click here to read more.

December 22, 2011: The long-awaited final rule on revised hours of service has been released, keeping the current 11-hour daily driving limit but cutting by 12 hours the maximum number of hours a truck driver can work within a week.

In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.

FMCSA says it will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.

Click here to read more from Truckinginfo.com

December 16, 2011: YRC Worldwide said late Thursday it has sold “a significant portion” of the assets of its truckload unit YRC Glen Moore to truckload carrier Celadon Group.

YRC Glen Moore unit lost $10.3 million through the first three quarters of 2011, with a 113.4 operating ratio. Sales totaled $76.7 million.

Click here to read more at Transport Topics.