National Master Automobile Transporters Agreement For the Period ...

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fails to comply with this provision for any reason, the Union, Parent or Employer mayargue that the Board of Arbitration should draw an adverse inference against Parent,Employer or Union concerning the subject matter of the information that Parent,Employer or Union has failed to provide to Union, Parent or Employer within fifteen (15)days.9. The Parent and Employer’s obligations under this Agreement shall be bindingupon its successors, administrators, executors and assigns. The Parent and Employeragree that the obligations of this Agreement shall be included in the agreement of sale,transfer or assignment of the business. In the event an entire operation or a portionthereof is sold, leased, transferred or taken over by sale, transfer, lease, assignment,receivership or bankruptcy proceedings, such operation shall continue to be subject tothe terms and conditions of this Agreement for the life thereof. Transactions covered bythis provision include stock sales or exchanges, mergers, consolidation or spin-offs orany other method by which business is transferred.In the event the Parent or Employer fails to require the purchaser, the transfereeor lessee to agree to assume the obligations of this Agreement, the Parent or Employer(including partners thereof) shall be liable to the Local Union and to the employeescovered for all damages sustained as a result of such failure to require assumption ofthe terms of this Agreement, until its expiration date, but shall not be liable after thepurchaser, the transferee or lessee has agreed to assume the obligations of thisAgreement.The Parent or Employer shall give notice of the existence of this Agreement toany purchaser, transferee, lessee, assignee or other entity involved in the sale, merger,consolidation, acquisition, transfer, spin-off, lease or other transaction by which theoperations covered by this Agreement may be transferred.Such notice shall be in writing, with a copy to the Union, at the time the seller,transferor or lessor makes the purchase and sale negotiation known to the public orexecutes a contract or transaction as herein described whichever first occurs. TheUnion shall also be advised of the exact nature of the transaction, not including financialdetails.This section shall not impose any independent obligations under the NMATA, itssupplements or this Agreement on any holding company that owns or controls Parent.10. The following definitions shall apply to certain of the capitalized terms in thisAgreement:a. Carhaul Work. The term “Carhaul Work” means and includes any andall present work and future work opportunities of the kind, nature and type currently,historically or traditionally performed by the Employer’s bargaining unit employees inconnection with the over-the-road transportation of motor vehicles, including without100
limitation the transportation of motor vehicles to or from automobile dealers,manufacturers, plants, railheads, ports or staging yards; associated loading andunloading work; associated shuttle work and releasing work; associated maintenancework and yard work; and any other work of the type performed by any employeeclassification covered by the NMATA and/or applicable Supplemental Agreements. Theparties agree and confirm that “Carhaul Work” is not limited to the specific workassignments presently, historically and hereafter performed by the Employer’sbargaining unit employees but also includes any and all future work opportunities thatare identical or similar in nature to such work and that the Employer’s bargaining unitemployees have the necessary skills and ability to perform.b. Controlled Affiliate. Any person or entity shall be deemed to be a“Controlled Affiliate” of Parent and/or Employer if Parent or Employer, whether directlyor indirectly through common ownership or common management owns a majorityownership or majority voting interest in such entity and (i) maintains the power, right orauthority to control, manage or direct such entity’s day-to-day operations, or (ii)maintains the power, right or authority to assign, or direct the assignment, or veto orblock the assignment of Carhaul Work to such entity, or to prevent such entity fromperforming Carhaul Work.11. The rights and obligations created under this Agreement shall be in additionto those created under Article 33 of the NMATA. This Agreement shall be incorporatedinto and printed with the NMATA.12. This Agreement shall remain in full force and effect concurrently with theNMATA and shall not be altered, amended, canceled or terminated by either Parent orEmployer, except as provided for in Article 35 of the NMATA.For the Parent:ACTIVE TRUCK TRANSPORT, L.L.C.By:Its:Dated:101
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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
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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 104 and 105: ACTIVE TRUCK TRANSPORT, L.L.C.WORK
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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