Freight Railroads Reach Agreements With Two More Unions

The nation’s major freight railroads today reached tentative agreements with the Brotherhood of Locomotive Engineers and Trainmen and the American Train Dispatchers Association, which together represent about 26,500 employees in collective bargaining. The last remaining union without a settlement, the Brotherhood of Maintenance of Way Employes (BMWE), has agreed with the railroads to extend the “cooling off” period until Feb. 8, 2012, eliminating the immediate threat of a national rail strike.

“We’re pleased that we have now settled with 12 of the 13 unions in this bargaining round. Everyone wins when we reach voluntary agreements,” said A. Kenneth Gradia, Chairman of the National Carriers’ Conference Committee (NCCC), the railroads’ bargaining representative. “In a tough economy, these agreements offer a terrific deal for rail employees. They lock in well-above market wage increases of more than 20 percent over six years, far exceeding recent union settlements in other industries.”

The NCCC represents more than 30 railroads, including BNSF, CSX Transportation, Kansas City Southern, Norfolk Southern and Union Pacific in national bargaining with the 13 major rail unions.

SOURCE National Railway Labor Conference

YRC Worldwide Announces Dismissal of ABF Freight System Lawsuit

YRC Worldwide Inc., announced  the dismissal of the ABF Freight System lawsuit.

The U.S. District Court ruled that ABF Freight System does not have standing to sue YRC Worldwide Inc. and the union in court.

“From the moment the suit was filed we were extremely confident it had no merit,” said Mike Smid, president-YRC Inc. and chief operations officer at YRC Worldwide. “We are gratified that after a thorough review of the facts the judge came to the same conclusion and dismissed this case. The agreement we negotiated in good faith with the union was ratified by our employees who have remained committed to our company, and our customers.”

ABF Freight System, Inc. Files Legal Actions Against Teamsters, YRC Companies

ABF Freight System, Inc. (ABF), the largest subsidiary of Arkansas Best Corporation (Nasdaq: ABFS) and a leading less-than-truckload transportation company, has filed legal actions today against the International Brotherhood of Teamsters (IBT) and other parties including several YRC Worldwide subsidiaries (Nasdaq: YRCW) for violation of the National Master Freight Agreement (NMFA), the collective bargaining agreement covering most unionized trucking employees in the country.

ABF today filed a grievance under the NMFA and also an accompanying lawsuit, naming as parties the International Brotherhood of Teamsters; the Teamsters National Freight Industry Negotiating Committee; Teamsters Locals 373 (Fort Smith, AR) and 878 (Little Rock, AR), individually and as representatives of a class of all Teamsters Locals that are parties to the NMFA; YRC Inc.; New Penn Motor Express Inc.; USF Holland Inc.; and Trucking Management, Inc.

“It is ABF’s firm belief that the three rounds of concessions granted to YRC – with the latest deal just ratified last week – by the IBT are in violation of the NMFA that has been in effect since April 2008,” said Wesley Kemp, President and Chief Executive Officer, ABF Freight System, Inc. “The NMFA applies equally to every company that signed it and quite simply, with these three amendments, it does not do that. We need a long-term, industry-wide solution that is fair to all NMFA parties. We have the obligation to our employees, to our customers and to Arkansas Best shareholders to enforce our rights under the NMFA and compete on the same playing field with our industry peers.”

The legal actions, filed administratively under the contract and in federal court in Arkansas, explain in detail how the defendants violated the NMFA in 2009 and 2010 by entering into concessionary side agreements with YRC Companies to the exclusion of ABF and other companies signatory to the NMFA. These agreements led to ongoing significant wage and benefit reductions and other economic concessions that were applied only to YRC Companies, and not ABF. The third and latest amendment to the NMFA is expected to “provide further wage, benefit and work rule changes that are expected to generate an average of $350 million in annual savings through the end of the extended agreement,” according to YRC Worldwide Inc.’s 8-K report, filed on September 29.

ABF, with more than 8,000 union employees, asserts in its claims that these concessionary agreements were unlawful, unfair and inconsistent with the plain language, intent and purpose of the NMFA, and that they resulted in a substantial competitive disadvantage for ABF.

ABF, believing that the grievance procedure of the NMFA is fundamentally flawed by reason of conflicts of interest on the part of both labor and employer representatives who normally would be impaneled to hear ABF’s grievance, seeks a legal determination to have the court create an appropriate grievance review committee to hear the grievance and resolve the dispute, or to have the contract amendments benefiting only YRC declared null and void by the court, as required by the NMFA. ABF also seeks financial damages in an amount estimated to be approximately $750 million by the time the NMFA is set to expire on March 31, 2013.

ABF Freight System, Inc. is represented by Littler Mendelson. A full copy of the legal pleadings can be found at www.ABFLegalAction.com.

[SOURCE: ABF Freight System, Inc.]

What is a Concealed Damage Claim

Concealed Damaged is not as complicated as you think, but it is time consuming and you can potentially lose a lot of money.

As you know, I worked with a large online company and handled many of the shipping to Canada, Mexico, UK and of course throughout the US, including Puerto Rico, Alaska and Hawaii. When shipping abroad the last thing you want to deal with is CONCEALED damage.

Of course you do not want to deal with any kind of damage, but concealed damage can potentially become a nightmare.

I cannot emphasize enough that you must educate your Customer about receiving and inspecting the merchandise. Have your Policies clearly listed on your website, again on the Sale Agreement and for email them a copy upon Order Confirmation. Take the time to pick up the phone and advice them what to look for.

For example if you order a dining table from the States and have it shipped to you in Hawaii. You receive it without inspecting the packaging or without noting any possible damage to the contents. Later find damage this becomes a Concealed Claim. Upon the Customer (Consignee) signing the Bill of Lading you are legally releasing the company from any liability.

Most freight companies will settle a claim and offer to pay 1/3 ( some have lowered it to ¼) which can be a great loss for you and the customer.

Many times the package may have some wear and tear, but when corner appear crushed or punctured, you must take precaution and note it on the Bill of Lading. Failure to do so, will make it very difficult to prove the damage was sustained while in transit and not due to the Customers negligence to assemble it. Many customers have said: “Well there was nothing hanging from outside the box”. Right, this is why we ask that you note on the Bill of Lading what you see and the “Possibility of Damage”.

Therefore, when a Customer is setting up the dining table, they may encounter damage to the carvings, cracks on the leaf etc…. Customers’ first instinct is to call the Seller and demand a new table. Well, it is not always that easy. The seller is not likely to observe the cost of shipping you a dining table.

Whenever, I ship an item to a customer I make sure to inspect the item. I take images of the packaging and images of the item itself. This is critical for me in the event of a damage claim. The Freight Company will want evidence that you in fact shipped a brand new NOT Damaged Item.

(Emailing these images to your Customer will help assure them the item was shipped intact)

One of my favorite Freight Companies is Yellow Freight. They are far from being perfect. It all comes down to people. If you talk to the right people you can count on being taken care of. During these last few months, I am pleased to say that Yellow Freight has been diligent (at least with my account and others I know that use them) to take care of any issues and in settling any open claims in less than 30 days.

Just recently, Yellow and Roadway Freight have merged their systems. I am hoping that it is for the better. Only time will tell.

At no time to you want to have any Concealed Damage claims. As they are hard to prove and the customer may claim a Charge Back with their credit card “For Goods Not As Described”.

Charge Back on Concealed Claims

When a Customer files a Chargeback with their credit card company it is customary for the Credit Card Company to place a hold on the funds (they usually allow me 30 days to respond and provide proof. Funds are not taken out until the Credit Card Company determines the liability).

Upon contact from the credit card company:

Provide them with links to your Policies and Terms & Conditions

Provide them with the Sale Agreement (most shopping carts have this tool)

Provide them with a statement of events

Provide them with emails

Most importantly provide them with the Bill of Lading

Note: The reason you have a concealed claim is due to the Customer failing to note any damage on the Bill of Lading. Therefore, this is the most important piece of evidence.

I have not had a single credit card company rule against me. This of course is frustrating that your Customer took it so far. Ultimately, it is in your hands to decide how you want to handle your claims.

Settle Directly with your Customer on Concealed Damage

Your customer filing a chargeback with your credit card company is the last thing you want to occur. Depending on your Merchant Contract and history with your Bank too many Charge-backs (whether your fault or not) can affect your RATEs or worst limitations can be placed.

(If this occurs with you with Paypal – You will lose all your money. Paypal does NOT offer you any protection and they do not Honor your Terms & Conditions)

Settling directly with your Customer will prevent any charge backs and will allow you the opportunity to make an unhappy customer a Happy One. This is really what you want to achieve.

You will have to decide whether you can ship a replacement part or offer a cash discount for the unfortunate damages the carrier caused. Should your customer be unwillingly to accept any of your offers then you can always offer to assist them with the filling of their claim with the carrier.

Directing your customer to file the Concealed Damage claim with the Freight Company will allow you to focus on your daily business. If you are a company and have staff to handle the claims then a better option would be for you to take control and file the claim. The goal is to have the Customer involved in the process and settle the claim with the Freight Company in less than 30 days. Most customers are appreciative of being informed and when they know that you are doing all you can to right them for the wrong done, they will wait.

Contact your Account Representative and ask for links and print out of their Damage Policy. Some carriers will not insure your shipment unless it is clearly stated on your Contract.

Damage Claims are not fun but you can get through them when you understand how to file and work with your customers.

Now that I am working from home I have stopped offering items that would to be shipped with a Freight Carrier. I am not in a position to finance my damages. Therefore, for now, I am only selling what can be shipped by a ground. Sure, claims can occur, but the items I offer now are smaller and less likely to suffer damage while in transit.

Do you have a favorite carrier? Any advice you want to share it greatly appreciated.



What is a Concealed Claim? Part 2

What is a concealed Claim?

When the buyer fails to indicate Damage of Possible Damage to the contents.

When the buyer signs a Clear Delivery slip and damage is found after delivery. This is referred to as Concealed Damage.

Most freight companies will offer to pay 1/3 of the claim. They are under no obligation to do so. Each Concealed Claim you handle, will follow a Protocol but the end result will differ.

Example:

You shipped a China Cabinet. The hutch is damaged, left top corner is smashed. Glass is intact and buffet is fine. The Consignee accepted to be in good condition.

How to file this claim and calculate the cost? Without any proof of Damage caused by the Freight Company; your claim will be denied. Provided that you have proof of the condition you shipped it out in the Freight Company may offer a 1/3 of the claim.

A third of the cost to replace the unit will not be enough. Considering you did not cause the damage. Here is what I would do:

1) Review the images

a. Images of the Hutch where the damage is

b. Images of the packaging

2) Calculate the fees

a. Cost of purchasing a China Cabinet

Sometimes your vendor may be willing to sell you only the hutch. If not you are look at full price.

b. Cost of shipping to your from vendor

c. Labor

d. Material

e. Shipping to Customer

It is likely that 1/3 will not cover the cost.

I would go back to my Customer and offer:

Option A:

The 1/3 for them to repair the unit themselves and point out nicely; had they indicated the damage on the BOL (delivery slip) we would have been able to file the claim properly.

Option B:

Provide them with the total cost of purchasing a new one and shipping etc… The outcome will vary. Only the Consignee (Buyer) knows how it was really damaged and the extent of the damage. They might fix it or cover it.

……..

Now, it is always a good idea to allow the Buyer in on the action. This helps educate them on future shipments. The Buyer will also understand that you are looking out for their best interest.

On concealed claims, I recommend that you sign the case over to the Consignee (Buyer). This way that can call in to the Freight Company and obtain updates and have the check made payable directly to them. Of course, make yourself available to assist with any documentation they may need.

If you are replacing the item have the Buyer pay you directly. Concealed claims are the most time consuming. Keep a bottle of Tylenol handy for those headaches. I always find it helpful to inform the Buyers of the possible outcome for not properly inspecting the shipment. J

Educating Your Buyer on Freight Shipments Part 1

Educating yourself and your buyer on the delivery of Freight Shipments is critical to your success.

Provide your Buyer with a list of what to look for and expect during delivery. Attach a copy of your Return Policy or provide a link to your site if emailing them. I strongly suggest that you place another copy of your Terms & Conditions on the shipment itself; referred to as a “Packing Slip”.

If you do not have a Sales Agreement of Terms & Conditions with an acceptance button during checkout get one. When a charge back arises from a damage claim or return it will be your only tool to prove your case.

Acceptance of Delivery

o   Inspect all packages

o   Count the number of packages

o   Do not Sign BOL (delivery slip) until you have inspected and noted any damaged or suspicious damage to the outside of the contents

o   Pictures – If they are not sure of the damage

o   Keep a copy of the Delivery slip

o   Provide a Phone Number for calling in during delivery (We have a dedicated line)

o   Email office with Damage report, pictures, description and copy of the delivery slip

The driver will not wait for the Consignee (buyer) to open the packages to inspect the contents. You must check all outside packaging.  Upon the Consignee (Buyer) signing the document without noting any possible damage, they are Releasing the Freight Company from any liability.

They delivery slip is their ONLY opportunity to address any concerns.

Many times, I have had Buyers call in with a claim. They stated to see punctures, but did not see anything protruding from them. Therefore, they accepted the package without indicating the possibility of damage. When this occurs, I hear, BUT THE DRIVE saw the damage. Guess what, the driver wants to keep his/her job and will not provide any information to Support a Claim against the company he works for.

The freight company can have as much as 90 days to settle a claim.

When the Consignee fails to indicate damage on the Delivery Slip, they have basically Released the Freight company from any liability.

Now the fun begins………….

Related Posts with Thumbnails