ABF to appeal dismissed suit against rival YRC

FT. SMITH, Ark. — ABF Freight System isn’t lying down in its legal battle with the Teamsters and chief rival YRC.

The company is challenging a recent lower court decision that allows compeitor YRC to complete a labor restructuring agreement with the Teamsters by taking the case to the U.S. Court of Appeals.

Last month, ABF lost its suit aimed at blocking a third round of concession agreements between struggling LTL giant YRC Worldwide and the Teamsters, which also represents ABF drivers.

ABF argued that the YRC agreement violates the National Master Freight Agreement (NMFA) — a bargaining agreement that covers most Teamster-unionized LTL companies in the U.S. – and gives YRC a competitive labor cost advantage over carriers with the same union.

However, U.S. District Judge Susan Webber Wright dismissed the suit because, she said ABF did not "have jurisdiction" to sue.

ABF obviously doesn’t think so and is moving the case up the legal ladder.

"ABF respectfully disagrees with the court’s decision last month," the company said in a statement. "Therefore, we have chosen to exercise our right to file an appeal."

"It is ABF’s firm belief that the three rounds of concessions granted to YRC … by the IBT are in violation of the NMFA that has been in effect since April 2008," said Wesley Kemp, president and CEO, ABF Freight System. "The NMFA applies equally to every company that signed it and quite simply, with these three amendments, it does not do that."