National Master Automobile Transporters Agreement For the Period ...

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ACTIVE TRUCK TRANSPORT, L.L.C.WORK PRESERVATION AGREEMENTThis 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 (1) the undersigned employer parties to the 2008-2011 NationalMaster Automobile Transporters Agreement (the “NMATA”) as identified in Article 1,Section 1 of the NMATA and/or applicable Supplemental Agreements (hereinafterreferred to as “Employer”), (2) Active Truck Transport, L.L.C. parent to Active USA, Inc.(hereinafter referred to as “Parent”), and (3) the undersigned Local Unions affiliatedwith the International Brotherhood of Teamsters that are parties to the NMATA asidentified in Article 1, Section 2 of the NMATA and the Teamsters National AutomobileTransporters Industry Negotiating Committee (“TNATINC”) (hereinafter collectivelyreferred to as “Union”).1. Parent, Union and Employer enter into this Work Preservation Agreement forthe purpose of protecting and preserving Carhaul Work for the Employer’s bargainingunit employees, eliminating contracting and double-breasting practices under whichParent or 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. Parent and Employer agree that neither Parent nor Employer shall undertaketo, or permit any Controlled Affiliate (including freight broker companies) to subcontract,transfer, lease, divert, contract, assign or convey, in full or in part, any Carhaul Work toany Controlled Affiliate, plant, business, person or non-unit employees other thanEmployer, or to any other mode of operation, except as explicitly and specificallyprovided for and permitted in the NMATA and/or applicable Supplemental Agreements.3. Parent and Employer agree that neither Parent nor Employer shall permit anyControlled Affiliate other than Employer to perform any Carhaul Work and that noCarhaul Work shall be performed by any Controlled Affiliate other than Employer,except as permitted herein.4. Parent and Employer agree that they will not engage in any scheme,transaction, restructuring or reorganization that permits Parent, Employer or anyControlled Affiliate either to evade the protection of Carhaul Work for Employer’sbargaining unit employees under this Agreement or to perform or assign or to permit theperformance or assignment of any Carhaul Work outside the terms and conditions ofthis Agreement, the NMATA and applicable Supplemental Agreements, except aspermitted herein. The Parent and/or Employer shall give written notification to theUnion within fifteen (15) working days of the effective date of any acquisition (i.e.majority interest) by the Parent or Employer of any entity engaged in Carhaul Work asdefined in Paragraph 10 (a) of this Work Preservation Agreement.98
5. Parent, Employer and Union agree that they waive any and all rights to assertthat this Agreement or Article 33 of the NMATA violates any law or legal principle andthat they will not bring any legal challenge or action of any form concerning the validityof this Agreement or Article 33 of the NMATA, permit any Controlled Affiliate to bringany such legal action, or voluntarily provide any support to any person or entity thatbrings any such legal action; provided, however, that nothing in this paragraph 5 shallbe construed to prohibit Union, Parent, Employer or any Controlled Affiliate fromresponding to a properly-issued subpoena or similar 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. Parent agrees that all grievances or disputes concerning the interpretation orapplication of this Agreement shall be resolved in final and binding arbitration before theBoard of Arbitration established in Article 33, Section 3 of the NMATA and pursuant tothe procedure described in Article 33, Section 3 of the NMATA. Parent herebyexpressly agrees to voluntarily submit to and be fully bound by the expedited arbitrationand information exchange procedures established in Article 33, Sections 3 and 4 of theNMATA in all respects as if every reference to the term “Employer” in those Sectionsalso expressly refers to, includes and binds Parent. However, it is understood andagreed that Parent is not a signatory to the NMATA or any of its various supplementsand is not, solely by virtue of this Agreement, single or joint employer with the signatoryEmployer(s).8. In the event Union submits a grievance involving Parent and/or Employerunder the expedited arbitration procedure established in Article 33, Section 3, Parentand Employer and Union shall provide all information, documents or materials that arerelevant in any way to the Union’s grievance within fifteen (15) days of the receipt ofany written request for such information, documents or materials by the Union, Parent,or Employer. If, and to the extent that, the Parent, the Employer or the Union fails orrefuses to comply with this request for information, for any reason, the Parent, theEmployer or the Union may request a subpoena duces tecum from the majority of theBoard of Arbitration requiring that the information be produced by the Parent, theEmployer or the Union or any other entity or person. If, and to the extent that thesubpoenaed party fails or refuses to comply with a subpoena issued by the majority ofthe Board of Arbitration, the Union, the Parent or the Employer may seek enforcementof the subpoena in federal court pursuant to Section 301 of the Labor-ManagementRelations Act of 1947, as amended. If, and to the extent Parent, Employer or Union99
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NATIONAL MASTERAUTOMOBILETRANSPORTE
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INDEXiiiPageNATA Negotiating Commit
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INDEXPageWork Preservation Agreemen
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Article 1ARTICLE 1.PARTIES TO THE A
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Article 2Section 2.Supplements to t
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6Article 2Riders may become effecti
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Article 3ARTICLE 3.RECOGNITION, UNI
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Article 3(3) In accordance with the
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Article 3manner and amounts as the
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Article 3check, the total amount de
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Article 4the employee has a right t
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18Article 5(c) When two (2) or more
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Article 5terminal before any new-hi
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Article 5(b) The Employer shall fil
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Article 6haulers as issued by the I
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26Article 7inform the employees tha
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(d) Nothing herein shall prevent th
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Article 7Step 3.If no settlement is
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Article 7Each committee shall consi
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Article 7(d) It is agreed that all
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36Article 7submitted. In the event,
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Article 7Seniority Committee in adv
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Article 8ARTICLE 8.PROTECTION OF RI
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Article 10Section 2.Day of Injury(a
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44Article 10(d) Modified work shall
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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 100 and 101: WORK PRESERVATION AGREEMENTFOR SIGN
Page 102 and 103: include stock sales or exchanges, m
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
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