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Cedar Pine & Fir
Rate Negotiation
/Cotttirtued |run Page 12) stating that it is only a policy statement. It is, however, a policy which can be used to your advantage if you follow the proper procedures.
While the Interstate Commerce Commission has taken a positive stand on this issue, it has decided against accepting formal petitions direct from shippers on such undercharge claims. It will only act when a case is remanded to it by the court which is handling the carrier's suit for collection of the tariff charges. Therefore, to utilize this policy, the shipper must wait until he is named in a suit by the carrier or its auditor.
You may have to decide whether the dollar amount of the "balance due" freight bills warrants the expense of court action. Remember, the carrier or auditor must make that decision too. If you are named in a collection suit, that is the time to petition the court to remand the case to the Interstate Commerce Commission for its opinion. The courts are not compelled to grant your petition, nor to accept the commission's findings, but they generally defer to the commission's expertise in rate matters.
If you believe you have a case under the commission's new policy, don't wait to be sued. Put your facts in writing and petition the commission for an informal opinion. A favorable informal opinion from the commission, while not binding on the outcome of any formal proceeding, is a possible negotiating tool, and it can later be used to support your petition for a court to remand the case to the commission.
Expect the carrier or auditor to be aggressive in his correspondence with you. He may make vague generalized statements about the statute of limitations being extended two additional years by the Bankruptcy Act. The relationship between the three year statute of limitations in the Interstate Commerce Act and the two year period named in the Bankruptcy Act is often misunderstood, and a statement implying a five year limitation is misleading. If you are in doubt about the time limit on a particular bill or bills, it would be a good idea to seek expert opinion.
Of course, the best protection from this problem is not to let it happen. If it is at all possible, you should look at the tariff yourself and confirm that the particular rate or discount is named, before making any shipments thereunder.
You should also get and keep written confirmation of all carrier negotiations. If you do find yourself in a situation where payment is sought for alleged undercharges, the new policy of the Interstate Commerce Commission may be the solution.
As a final note of caution, this discussion relates only to interstate truck shipments by common carriers. Contract trucking of interstate shipments requires contracts, and the carrier need not file his actual rates with the Interstate Commerce Commission.
On the other hand, regulation of intra-stote traffic by the various state commissions may be very different from those of the Interstate Commerce Commission. For example, the California Public Utilities Commission rigorously enforces filed rates of both common and contract carriers.
Pallets Are No. 2 Wood Users
More lumber is used by pallets each year than any other wood product except houses. The over 3,000 pallet manufacturers and recyclers in the U.S. use approximately one-frfth of all the lumber purchased in the United States.
Richard Staehely has been named system operations mgr. at PoPe & Talbot, Portland, Or., according to pres. R. Steven Mason.
J. Douglas Martinez is now director of marketing at Price Pfister, Pacoima, Ca.
Rick Houk recently won the Salesman of the Quarter Award at Sequoia Supply, F-airfield, Ca., according to Bob Riggs, mgr.
Norm Clow, Serra Lumber Co., CaPistrano Beach, Ca., organized a fourday fishing trip down So. Oregon's Rogue River, joined by business associates Mike Esposito, San Antonio Pole Construction Co.; Al Filger Jr., Al Filger Sr., Ted Kopp, John KoPP, George Grant, Ken Weir, Mark Andreotti and Pat Cornforth.
Tim Lucia has joined Pay 'N Pak Stores Inc,, Kent, Wa., as v.p. of marketing & communications. Richard T. Takata has been promoted to exec. v.p.
John Wagenhofer is new to the cedar dept. at Cascade EmPire, Portland, Or.
Jack Hawley has been appointed gen. mgr. of Georgia-Pacific's millwork operations in Yreka and Cottonwood, Ca.
Carl Dooley has been promoted to comgr. of 84 Lumber Co., Stockton, Ca.
Thomas J. Grove has been promoted to v.p. of sales & marketing at Weathervane Window Co.. Kirkland. Wa.
Bill Horn, gen. mgr., Carroll Moulding Co., Huntington Beach, Ca., has announced plans to retire later this year.
Clint Bower, Mariners Forest Products, Santa Ana. Ca.. son Clint Jr., and daighter Stacey got in their annual Christmastime trip to San Francisco, Ca., prior to the holidays.
Steve Kendall is a new lumber & plywood trader at Orepac Building Products. Tacoma. Wa.
Jon Orton has been transferred to manage the newly purchased Al Meier's Building Center in Bonney Lake, Wa. Bud Rex, contractor mgr., and Jim Kralovick, asst. mgr., will stay on 'under Meier's ownership.
Doug Berquist, Taylor Lumber & Treating, Beaverton, Or., was a recent business visitor in Sacramento, Ca.
Bob Cochrane is now sales mgr. for Pope & Talbot's Spearfish, S.D., mill, according to Craig Broady, gen. sales mgr., Portland, Or. Reed Trull is now responsible for all domestic commodity sales from the Oakridge, Or., mill, and Bob Dues is a new Doug fir salesman.
John C. Albert, Union Camp Corp., has been elected chairman of the American Wood Council. Robert Courtney, Pope & Talbot, Portland, Or., is vice chairman & treas.
Bob Shepherd, sales mgr., Fibreboard Corp., Concord, Ca., was feted with a gala party at corporate headquarters to celebrate his 40th birthday, according to Mike Sampson.
Bob Davids is a new outside sales rep for Rolando Lumber Co., San Leandro, Ca., according to Helen Osborne. Cary Knowland is the new receptionist and smile on the phone.
Jim Hormuth has opened a sales office in Los Angeles, Ca., for Vaughan & Sons, Inc., Austin, Tx., according to Thornas R. Rice, v.p. & gen. mgr.
The Merchant Magazine
Bob Setterburg, warehouse man, Lumbermen's, Redmond, Wa., was elected December Employee of the Month by his co-workers.
Wendell Moore, No. central regional mgr., American Plywood Association, Tacoma, Wa., has retired after nearly 30 years with APA.
Mark Rutledge has joined the Red Cedar Shingle & Handsplit Shake Bureau, Bellevue, Wa., as asst. marketing mgr., according to Michael Westfall, pres.
Marilyn H. LeMoine has been promoted to mgr., public relations, of the American Plywood Association, Tacoma, Wa., according to Dennis J. Hardman, information services div. director. She succeeds Jack F. Merry, who resigned to begin his own business.
Arthur W. Jarr has been elected pres. of the Plywood Pioneers Association. Roland W. Mill is now v.p.; Robert H. Ripley, sec./treas., and Norman O. Cruver remains chairman of the membership committee.
Edward B. Hale is the new SW regional sales mgr. for Hubbell Lighting.
Steve R. Morrison has been named gen. sales mgr., national accounts & manufactured housing, for Masonite Corp.'s Hardboard Group, according to C.L. Tollefsrud, group v.p. Bronson J. Lewis, retired chief executive, American Plywood Association, Tacoma, Wa., has completed a threeyear term as consultant to the APA and its board.
Mike Bakula has joined the sales staff of Martin Forest Industries, Healdsburg, Ca., according to Gary Malfatti, v.P.
Scott Fossum, inside salesman, Rolando Lumber Co., San Leandro, Ca., married Zillah "Zip" Dunkle in San Francisco, Ca., on Nov. 21, 1987.
