National Master Automobile Transporters Agreement For the Period ...

More documents

Recommendations

Info

WORK PRESERVATION AGREEMENTFOR SIGNATORY EMPLOYERSThis Work Preservation Agreement (the “Agreement”) is made and entered intoin accordance with Section 301 of the Labor Management Relations Act, 29 U.S.C.§185, by and among the undersigned employer party to the 2008-2011 National MasterAutomobile Transporters Agreement (the “NMATA”) as identified in Article 1, Section 1of the NMATA and/or applicable Supplemental Agreements (hereinafter referred to as“Employer”), and the undersigned Local Unions affiliated with the InternationalBrotherhood of Teamsters that are parties to the NMATA as identified in Article 1,Section 2 of the NMATA and the Teamsters National Automobile Transporters IndustryNegotiating Committee (“TNATINC”) (hereinafter collectively referred to as “Union”).1. Union and Employer enter into this Work Preservation Agreement for thepurpose of protecting and preserving Carhaul Work for the Employer’s bargaining unitemployees, eliminating contracting and double breasting practices under which Parentor Employer permit persons other than Employer’s bargaining unit employees toperform Carhaul Work, and preventing any scheme or subterfuge to avoid theprotection and preservation of Carhaul Work under this Agreement.2. Employer agrees that it shall not undertake to, nor permit any ControlledAffiliate (including freight broker companies) to, subcontract, transfer, lease, divert,contract, assign or convey, in full or in part, any Carhaul Work to any ControlledAffiliate, plant, business, person or non-unit employees other than Employer, or to anyother mode of operation, except as explicitly and specifically provided for and permittedin the NMATA and/or applicable Supplemental Agreements.3. Employer agrees that it shall not permit any Controlled Affiliate other thanEmployer to perform any Carhaul Work and that no Carhaul Work shall be performedby any Controlled Affiliate other than Employer, except as permitted herein.4. Employer agrees that it will not engage in any scheme, transaction,restructuring or reorganization that permits it or any Controlled Affiliate either to evadethe protection of Carhaul Work for Employer’s bargaining unit employees under thisAgreement or to perform or assign or to permit the performance or assignment of anyCarhaul Work outside the terms and conditions of this Agreement, the NMATA andapplicable Supplemental Agreements, except as permitted herein. The Employer shallgive written notification to the Union within fifteen (15) working days of the effective dateof any acquisition (i.e. majority interest) by the Employer of any entity engaged inCarhaul Work as defined in Paragraph 10 (a) of this Work Preservation Agreement.5. Employer and Union waive any and all rights to assert that this Agreement orArticle 33 of the NMATA violates any law or legal principle. Neither party will bring anylegal challenge or action of any form concerning the validity of this Agreement or Article33 of the NMATA, nor permit any Controlled Affiliate to bring any such legal action, nor94
voluntarily provide any support to any person or entity that brings any such legal action;provided, however, that nothing in this paragraph 5 shall be construed to prohibit Union,Employer or any Controlled Affiliate from responding to a properly issued subpoena orsimilar legal process.6. In the event that any provision of this Agreement or Article 33 of the NMATA isvoided, invalidated or enjoined by a final decision of any court or government agency,then (a) the parties intend and agree that this Agreement shall be construed to providethe Union and the Employer’s bargaining unit employees with the broadest permissiblework preservation protection against subcontracting and double breasting practicesconsistent with governing law, and (b) Union and Employer shall each have the optionto reopen collective bargaining negotiations over the NMATA, any SupplementalAgreement and/or this Agreement, in whole or in part, notwithstanding the durationclause contained in Article 35 of the NMATA.7. All grievances or disputes concerning the interpretation or application of thisAgreement shall be resolved in final and binding arbitration before the Board ofArbitration established in Article 33, Section 3 of the NMATA and pursuant to theprocedure described in Article 33, Section 3 of the NMATA.8. In the event Union submits a grievance involving Employer under theexpedited arbitration procedure established in Article 33, Section 3, Employer andUnion shall provide all information, documents or materials that are relevant in any wayto the Union’s grievance within fifteen (15) days of the receipt of any written request forsuch information, documents or materials by the Union or Employer. If, and to theextent that, the Employer or the Union fails or refuses to comply with this request forinformation, for any reason, the Employer or the Union may request a subpoena ducestecum from the majority of the Board of Arbitration requiring that the information beproduced by the Employer or the Union or any other entity or person. If, and to theextent that the subpoenaed party fails or refuses to comply with a subpoena issued bythe majority of the Board of Arbitration, the Union or the Employer may seekenforcement of the subpoena in federal court pursuant to Section 301 of the Labor-Management Relations Act of 1947, as amended. If, and to the extent Employer orUnion fails to comply with this provision for any reason, the Union or Employer mayargue that the Board of Arbitration should draw an adverse inference against Employeror Union concerning the subject matter of the information that Employer or Union hasfailed to provide to Union or Employer within fifteen (15) days.9. The Employer’s obligations under this Agreement shall be binding upon itssuccessors, administrators, executors and assigns. The Employer agrees that theobligations of this Agreement shall be included in any agreement of sale, transfer orassignment of the business. In the event an entire operation or a portion thereof issold, leased, transferred or taken over by sale, transfer, lease, assignment, receivershipor bankruptcy proceedings, such operation shall continue to be subject to the terms andconditions of this Agreement for the life thereof. Transactions covered by this provision95
Page 1:
NATIONAL MASTERAUTOMOBILETRANSPORTE
Page 4 and 5:
INDEXiiiPageNATA Negotiating Commit
Page 6 and 7:
INDEXPageWork Preservation Agreemen
Page 8 and 9:
Article 1ARTICLE 1.PARTIES TO THE A
Page 10 and 11:
Article 2Section 2.Supplements to t
Page 12 and 13:
6Article 2Riders may become effecti
Page 14 and 15:
Article 3ARTICLE 3.RECOGNITION, UNI
Page 16 and 17:
Article 3(3) In accordance with the
Page 18 and 19:
Article 3manner and amounts as the
Page 20 and 21:
Article 3check, the total amount de
Page 22 and 23:
Article 4the employee has a right t
Page 24 and 25:
18Article 5(c) When two (2) or more
Page 26 and 27:
Article 5terminal before any new-hi
Page 28 and 29:
Article 5(b) The Employer shall fil
Page 30 and 31:
Article 6haulers as issued by the I
Page 32 and 33:
26Article 7inform the employees tha
Page 34 and 35:
(d) Nothing herein shall prevent th
Page 36 and 37:
Article 7Step 3.If no settlement is
Page 38 and 39:
Article 7Each committee shall consi
Page 40 and 41:
Article 7(d) It is agreed that all
Page 42 and 43:
36Article 7submitted. In the event,
Page 44 and 45:
Article 7Seniority Committee in adv
Page 46 and 47:
Article 8ARTICLE 8.PROTECTION OF RI
Page 48 and 49:
Article 10Section 2.Day of Injury(a
Page 50 and 51: 44Article 10(d) Modified work shall
Page 52 and 53: Article 10Section 4.Funeral PayIn t
Page 54 and 55: The additional sick leave days refe
Page 56 and 57: Article 11ARTICLE 11.MILITARY CLAUS
Page 58 and 59: Article 13within the meaning of Sec
Page 60 and 61: Article 16Agreement and of any Supp
Page 62 and 63: Article 20ARTICLE 20.JURISDICTIONAL
Page 64 and 65: Article 222. In the Central/Souther
Page 66 and 67: Article 23For each additional .1 po
Page 68 and 69: Article 24opportunity presents itse
Page 70 and 71: Article 27At locations where border
Page 72 and 73: 66Article 30disputes cannot be reso
Page 74 and 75: 68Article 30conditions complained o
Page 76 and 77: Article 30Brake Linings(c) As new e
Page 78 and 79: Article 30release in writing.(h) If
Page 80 and 81: Article 30Any alleged violation of
Page 82 and 83: Article 30In any reasonable cause c
Page 84 and 85: Article 301. Pre-employment TestsAn
Page 86 and 87: 80Article 30Any employee who fails
Page 88 and 89: Article 31ARTICLE 31.UNIFORMSThe Em
Page 90 and 91: 84Article 33(3) Taking advantage of
Page 92 and 93: Article 33(b) The cost of the neutr
Page 94 and 95: Article 34Agreements reached must b
Page 96 and 97: Article 35Section 4.In the event of
Page 98 and 99: NEGOTIATING COMMITTEEFOR THE LOCAL
Page 102 and 103: include stock sales or exchanges, m
Page 104 and 105: ACTIVE TRUCK TRANSPORT, L.L.C.WORK
Page 106 and 107: fails to comply with this provision
Page 108 and 109: For the Employer:ACTIVE USA, INC.By
Page 110 and 111: 6. In the event that any provision
Page 112 and 113: classification covered by the NMATA
Page 114 and 115: 1. Parent, Union and Employer enter
Page 116 and 117: any other method by which business
Page 118 and 119: For the Union:TEAMSTERS NATIONAL AU
Page 120 and 121: to the Union’s grievance within f
Page 122: For the Union:TEAMSTERS NATIONAL AU
show all

National Master Automobile Transporters Agreement For the Period ...

Create successful ePaper yourself

Delete template?

Save as template?