OOIDA Call To Action Alert

USDOT Mexican Truck Pilot Program

As you well know, for more than a year OOIDA has been actively fighting to stop the U.S. Department of Transportation's efforts to implement a Mexican trucking pilot program and open our highways to Mexico-domiciled trucks and drivers. You may recall that earlier this year amendments to cut off funding for the DOT's Mexican trucking pilot program were included in both the U.S. House of Representatives' and Senate's respective versions of the fiscal year 2008 transportation appropriations bills. In July, the House unanimously passed an additional amendment, sponsored by Representatives DeFazio, Hunter, Boyda and Gary Miller, that would also seek to halt the program. Then in September, the Senate passed its version of a similar amendment sponsored by Senators Dorgan and Specter by a vote of 75-23.

Since then, Congress has been in a standoff with the White House on the transportation appropriations bill and all 11 other annual spending bills. This stalemate has kept the House and Senate from moving forward with a conference committee to work out the differences in their versions of the transportation bill and from sending a final version to the President. After much anticipation, we are hearing that there may finally be a breakthrough this week. No one is sure yet how the situation will play out, but in some form or fashion the FY2008 transportation appropriations should be sent to the President by the end of this week.

Congress is trying to reach a deal with the President so that he will not veto the unfinished appropriations bills. The DOT is working hard to make the Mexican trucking pilot program a bargaining chip in Congress's negotiations with the White House. Even if they cannot get them removed from the final version of the transportation appropriations bill, the DOT is hoping to get the Dorgan and DeFazio amendments watered down enough to allow the pilot program to continue to operate.

As I have said before, we are truly fighting a unique and historic battle. One in which the DOT continues to roll forward in defiance of Congress, the American people, and the laws of our land. Instead of implementing and abiding by the laws that have been written by Congress, the executive branch of our government is clearly ignoring their Constitutional responsibilities and limitations. Rest assured that your Association is doing everything that we possibly can to reign in the DOT. As a member of OOIDA and as a citizen of the United States, please do all that you can to help put a stop to this program.

Please call and fax all of your elected representatives in Washington D.C., both of your U.S. Senators and your Congressman. They need to hear from you as soon as possible and continue to hear from you until all funding is stripped from the Mexican trucking pilot program. Also, please ask your family, friends and acquaintances to contact their lawmakers. Operators at the U.S. Capitol Switchboard (202- 224-3121) can connect you to the offices of your elected officials. If you are not sure who your Representative or Senators are, the operators will ask for your zip code and put you through to their offices. You are also welcome to call the Association at 800-444-5791, we will be happy to look up telephone and fax numbers for you.

Please know that your Association is working hard on your behalf and please do whatever you can to help. There is a light at the end of the tunnel, but we are going to have to keep fighting to get to it.

With sincere appreciation,

Jim Johnston

Mandatory Report on Whistleblower Protections for Truck Drivers

More than 7 Years Overdue.

On June 9, 1998, Congress passed legislation requiring, among other things, the Secretary of Transportation, "in conjunction with the Secretary of Labor" to investigate to investigate whether the statutory employee protections for truck drivers (49 U.S.C. Sec. 31105) to report back to Congress concerning the results of the investigation and "include recommendations to address any statutory changes necessary to strengthen the enforcement of such employee protection provisions."

The report by DOT was due June 9, 2000. It has not yet been issued.

For some unknown reason, the Department of Transportation or the Department of Labor, or both, either do not care about the Congressional mandate, or they do not want the results of the study conducted more than 7 years ago to be released.

Since 2002 I have been trying to find out when the report would be issued. I enlisted the help of aides to my Congressman, John Kline (D-Minn.), and Congressman James Oberstar (D-Minn), Chairman of the House Transportation Committee.

On October 18, 2006, Stephanie Manning, an aide to Congressman Oberstar, told me that she had spoken to Federal Motor Carrier Safety Administration staff and was advised that the report would be issued by the end of 2006.

I wrote letters to John Hill, FMCSA Administrator, on October 5, 2006, and April 4, 2007, asking when the report could be expected. Mr. Hill did not answer my letters until July 12, 2007, after I called his office twice and asked to speak with him personally. When Mr. Hill finally responded by letter to me, he asked me to deal with Carol Zok in his office (I have no problem with dealing subordinates so long as they are responsive).

Today I received a call from Casey Bubalotz, an aide to Congressman John Kline on labor issues. Mr. Bubalotz informed me that the mandatory report that was due from DOT nearly 7 1/2 years ago will be issued within the next 60 to 90 days. Apparently the report is being reviewed by the Assistant Secretary of Labor for Occupational Safety and Health.

I am not holding my breath.

It should be noted that in May 2007, the House Education and Labor Committee held a hearing to address the Department of Labor's failure to timely decide whistleblower cases including cases filed by truck drivers. The Committee also addressed whether or not whistleblower protections need to be strengthened for employees in the private sector.

On August 3, 2007, President Bush signed the Implementing Recommendations of the 9/11 Commission Act, Public Law 110-053.
The Act contains procedural and substantive amendments to the STAA. The substantive amendments to the STAA expanded the scope of activities that qualify the protection under the STAA including, but not limited to, a protection for commercial drivers accurately recording their activities on their records of duty status in accordance with 49 C.F.R. § 395.8. 49 U.S.C. §31105(a)(1)(C). The substantive amendments to the STAA now allow for awards of punitive damages. 49 U.S.C. § 31105 (b)(3)(C).

The procedural amendments to the STAA codified the burdens of proof so that the applicable burdens of proof are the same as those under the employee protection provisions of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, 49 U.S.C.§ 42121 (b). See, 49 U.S.C. § 31105(b)(1). The procedural amendments to the STAA also allow an employee/truck driver to pull his case away from the Department of Labor and put it in U. S. District Court with a jury trial.

These are changes that truck safety advocates wanted made to the STAA and they were implemented with no help from DOT or DOL.

I have to wonder whether some of these changes might have been to the STAA years ago if DOT and DOL had done their job and had the report issued by June 2000 as directed by Congress.

Lives might have been saved if the provisions implemented on August 3, 2007, had been implemented 7 years ago.

Notwithstanding the new amendments to the STAA, the mandatory report on the effectiveness of the STAA's whistleblower provisions and recommendations for strenghthening the STAA should still be issued. Additional changes for strengthening the STAA's whistleblower protections for truck drivers should include a provision vesting OSHA with administrative subpoena powers in STAA cases so that unscrupulous trucking companies cannot just thumb their noses at OSHA and frustrate their investigations. Additionally, a provision should be implemented where the recommended decision and order of a DOL administrative law judge become the final order of the Secretary of Labor where the DOL's Administrative Review Board fails to issue a final order within one year after the case is fully briefed. Right now the Administrative Review Board is taking more than 3 years to issue final orders after the ALJ's recommended decisions and orders are issued in cases fully tried on the merits. That is unconsciounable.

Paul Taylor
Truckers Justice Center
900 West 128th Street, Suite 101
Burnsville, MN 55337
Tel. No. 952-224-9166
www.truckersjustice.com

Central States Pension Fund Special Bulletin 2007

READ IT HERE

YRC Worldwide Provides Update on Recent Action With the Central States Plan

OVERLAND PARK, Kan., Oct. 1 /PRNewswire-FirstCall/ -- YRC Worldwide Inc. (Nasdaq:YRCW) is providing the following update regarding the participation of several of its subsidiaries in the Central States Southeast and Southwest Areas Pension Plan (the Central States Plan).

United Parcel Service, Inc. (UPS) issued a press release on October 1, 2007 stating that UPS has reached a new tentative labor agreement with the International Brotherhood of Teamsters for unionized employees engaged in UPS' package business. UPS stated that in its new labor agreement with the Teamsters, UPS has agreed to withdraw from the Central States Plan and make a cash payment of $6.1 billion to the plan. UPS is a major participant in this multi-employer pension plan in addition to certain YRC Worldwide subsidiaries and over 3,000 other employers. This new labor agreement would be effective upon the affected UPS Teamster employees ratifying the agreement.

YRC Worldwide believes that the funded percentage of the Central States Plan is currently approximately 50%. If the new UPS labor agreement is ratified and UPS makes its contractually agreed withdrawal payment to the Central States Plan, YRC Worldwide believes that the funded percentage of the Central States Plan would be approximately 70%.

"Due to the likely improvement in the funded status of the Central States Plan, coupled with prudent actions that plan trustees have previously taken and the implementation of the Pension Protection Act of 2006, our overall risk associated with contingent pension obligations is reduced," stated Bill Zollars, Chairman, President and CEO of YRC Worldwide.

This news release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. The words "likely" and "believe" and similar words or expressions are intended to identify forward-looking statements. These statements are only YRC Worldwide's expectations regarding the likely withdrawal of UPS from the Central States Plan and its impact on the plan's funded percentage. Any such withdrawal is subject to the affected UPS Teamsters ratifying their tentative labor agreement with UPS and UPS making its cash withdrawal payment to the Central States Plan before the end of 2007. Information regarding the Central States Plan funded percentage is based on publicly available information, which is often dated, and on the limited information available to YRC Worldwide from plan administrators or plan trustees, which may not be independently validated. Both the current funded percentage and the projected funded percentage if UPS withdraws from the plan by the end of 2007 are based on Central States Plan actuarial estimates that the plan has not formally certified and YRC Worldwide has not independently verified. These actuarial estimates include actuarial projections that include assumptions regarding the following factors (among others): the number of participating active and retired employees, the number of contributing employers, the amount of each employer's contractual contributions, the investment returns of the plan, plan administrative costs, the number of employees and retirees participating in the plan who no longer have a contributing employer, the discount rate used to determine the funding percentage and the actuarial attributes of plan participants (such as age, estimated life and number of years until retirement). The Central States Plan is expected to determine its actual, certified funded percentage for the 2007 plan year in early 2008.

About YRC Worldwide Inc.

YRC Worldwide Inc., a Fortune 500 company and one of the largest transportation service providers in the world, is the holding company for a portfolio of successful brands including Yellow Transportation, Roadway, Reimer Express, YRC Logistics, New Penn, USF Holland, USF Reddaway, and USF Glen Moore. The enterprise provides global transportation services, transportation management solutions and logistics management. The portfolio of brands represents a comprehensive array of services for the shipment of industrial, commercial and retail goods domestically and internationally. Headquartered in Overland Park, Kansas, YRC Worldwide employs approximately 66,000 people.

SOURCE YRC Worldwide Inc.

Court Delays Truckers' Hours Rules

WASHINGTON (AP) - A federal court has delayed until Dec. 27 a requirement that would reduce by one hour the time truckers can drive continuously.

The court ordered the 90-day stay on Friday.

Last month government regulators and the trucking industry's trade group requested the U.S. Court of Appeals for the District of Columbia Circuit issue longer stays of its decision that the daily driving limit be cut to 10 hours for long-haul truckers.

The court-ordered rule would change that standard to 10 hours behind the wheel followed by eight hours of rest. Under the 11-hour driving limit, truckers are required to then rest for 10 hours.

Consumer advocates applauded the court's initial ruling because they say the industry is putting the public at risk by allowing truckers to drive too many hours.

But the Federal Motor Carrier Safety Administration had requested a 12-month stay, backing industry assertions that reducing the limit would be expensive and require it to retrain drivers and operating personnel, reprint logs, reengineer routes and make other changes. The American Trucking Associations had asked for an 8-month delay.

Washington-based consumer watchdog Public Citizen opposed any stays, arguing that federal regulators used the same tactic two years ago to maintain the old requirements, but said the court's decision added pressure for the regulators and industry to comply.

``Ninety days really puts them to the test,'' Joan Claybrook, president of Public Citizen, said Monday.

The ATA, whose members include United Parcel Service Inc., FedEx Corp., JB Hunt Transport Services Inc. and YRC Worldwide, welcomed the court's decision and said it provided regulators sufficient time to issue an interim rule retaining the 11-hour driving limit.

FMCSA said it was ``carefully evaluating our options in light of the court's ruling.''