TRUCKING INDUSTRY NEWS * USA

* USA - Trucking Official Says Contractor Ruling Impact Limited

Indianapolis,IND,USA -The Journal of Commerce Online, by William B. Cassidy & Bill Mongelluzzo -Dec 17, 2010: -- A federal judge's ruling dismissing many lawsuits involving FedEx Ground contractors likely won't affect broader battles over the classification of transportation workers at ports and on highways, a trucking official said... The decision in the FedEx case demonstrates that misclassification issues are very fact-based, which means that each case is independent, said Curtis Whalen, executive director of the American Trucking Associations' intermodal conference... U.S. District Judge, Robert Miller, of Indiana late Tuesday dismissed 20 of 28 class-action cases from around the country against FedEx, giving strong legal backing to FedEx Ground and its business model built on the use of contractors... Organized labor and several state governments are placing the widespread use of independent contractors at ports and elsewhere in transportation under greater scrutiny, with labor groups arguing many workers are misclassified... (Picture from Life: Trucks are driven near the Ports of Long Beach and Los Angeles)

* Arkansas - Court throws out ABF labor suit against YRC

Little Rock,AR,USA -Fleet Owner, by David Cullen -Dec 17, 2010: -- A federal judge in Little Rock yesterday dismissed the lawsuit filed by Arkansas Best Corp. against fellow trucking firm YRC Worldwide. The filing was in response to the most recent contract YRC inked with the International Brotherhood of Teamsters (IBT). ABF sought $750 million in damages in the suit... (Photo from JOC: An YRC 's Hybrid truck)

* Arkansas - Judge Called ABF, YRC / Teamster Contracts Separate. ABF failed to convince judge both carriers belong to same NMFA

Little Rock, AR,USA -The Journal of Commerce Online, by William B. Cassidy -Dec 17, 2010: -- ABF Freight System's withdrawal from an industry bargaining group in 2007 undermined its lawsuit against rival trucker YRC and the Teamsters union... In dismissing the lawsuit, U.S. District Judge Susan Webber Wright on Thursday said ABF failed to prove that it and YRC were covered by the same contract... That meant ABF had no grounds to sue YRC and the Teamsters over contract concessions projected to save YRC more than $1 billion through 2015... Wright rejected arguments saying, "ABF failed to establish that it was in fact a signatory to the contract,"  ... ABF, the fifth largest LTL trucker in the U.S., said it is considering an appeal. "We are disappointed in this outcome and continue to believe that our lawsuit is strong" ... (Photo from hankstruckpictures: An ABF Mack trpls)

* Kansas - YRC Seeks More Time to Restructure

Overland Park,KS,USA -JOC -22 Dec 2010:   -- Trucker strikes credit agreements with lenders, must get more approvals... YRC Worldwide is asking the Teamsters union and pension fund managers for more time to restructure the trucking company’s troubled balance sheet... YRC announced an agreement with lenders on Tuesday that extends payment terms on a credit plan and asset-based securitization facility until May 2011, including a requirement to recapitalize its balance sheet by Feb. 28... That would extend a restructuring due at the end of this year, which requires approval from the Teamsters and managers of the multi-employer pension funds that have granted YRC financial concessions over the past two years... (Photo from wikimedia: YRC headquarters in Overland Park)

* California - Survey: Trucking bankruptcies drop 18.5 percent. Carrier failures hit lowest level in more than two years

San Diego,CAL,USA -The Journal of Commerce Online, by William B. Cassidy -Dec 17, 2010: -- Trucking bankruptcies fell 18.5 percent from a year ago in the third quarter to 330 closings, taking 10,685 trucks out of the market, according to Avondale Partners... Avondale estimates 55,405 trucks were pulled from the road through bankruptcies in the first three quarters of the year -- 21,745 of them in the first quarter... In that period, creditors that had been relatively lenient in 2009 forced many carriers into foreclosure and seized assets, Avondale said in a note to investors... Those creditors backed off as higher freight demand, tighter capacity and rising rates improved trucking's profitability in the second and third quarters... However, few companies are adding capacity, Avondale said, estimating company failures reduced capacity 13 percent from 2008 through the second quarter... As surviving carriers are reducing their fleets, not adding trucks, the net truckload capacity reduction in that period hit 16 percent, according to Avondale...

* USA - Living in a CSA world !!

Washington,DC,USA -Hooked Up/Truck News (Canada), by James Menzies -28 Dec 2010: -- CSA made its much-anticipated debut Dec. 12, having survived a last minute court challenge and undergone a name change to the rather succinct: Compliance, Safety, Accountability. Yep, CSA is here to stay. I've been checking out many of your scores – all that's needed is a DOT number – and your customers likely have been as well. Carrier rankings are available on this new Web site, and are displayed in an easy-to-interpret visual format. The Web site also displays a list of violations, which is worth checking for accuracy. There is a system in place if you find inaccurate information assigned to your carrier profile...