National Master Automobile Transporters Agreement For the Period ...

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For the Employer:ACTIVE USA, INC.By:Its:Dated:For the Union:TEAMSTERS NATIONAL AUTOMOBILE TRANSPORTERSINDUSTRY NEGOTIATING COMMITTEE (TNATINC),on behalf of itself and LOCAL UNIONSaffiliated with the InternationalBrotherhood of TeamstersBy:Its:Dated:ALLIED SYSTEMS HOLDINGS, INC. AND ALLIED AUTOMOTIVE GROUP, INC.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) the Employers’ corporate parent Allied AutomotiveGroup, Inc. (hereinafter referred to as "Parent"), which controls or maintains the right tocontrol Employer, QAT, Inc., Inter Mobile, Inc., Legion Transportation, Inc., AlliedFreight Brokers, Inc., B&C Company, and other wholly-owned subsidiaries, (3) theEmployers’ ultimate corporate Parent Allied Systems Holdings, Inc. (hereinafter referredto as “Ultimate Parent”), which controls or maintains the right to control Employers,Allied Automotive Group, Inc., and Axis Group, Inc., and other wholly-ownedsubsidiaries, and (4) 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").102
1. Ultimate Parent, Parent, Employer and Union enter into this WorkPreservation Agreement for the purpose of protecting and preserving Carhaul Work forthe Employer's bargaining unit employees, eliminating contracting and double-breastingpractices under which Ultimate Parent, Parent or Employer permit persons other thanEmployer's bargaining unit employees to perform Carhaul Work, and preventing anyscheme or subterfuge to avoid the protection and preservation of Carhaul Work underthis Agreement.2. Ultimate Parent, Parent and Employer agree that neither Ultimate Parent,Parent nor Employer shall undertake to, or permit any Controlled Affiliate (includingfreight broker companies) to subcontract, transfer, lease, divert, contract, assign orconvey, in full or in part, any Carhaul Work to any Controlled Affiliate, plant, business,person or non-unit employees other than Employer, or to any other mode of operation,except as explicitly and specifically provided for and permitted in the NMATA and/orapplicable Supplemental Agreements.3. Ultimate Parent, Parent and Employer agree that neither Ultimate Parent,Parent nor Employer shall permit any Controlled Affiliate other than Employer toperform any Carhaul Work and that no Carhaul Work shall be performed by anyControlled Affiliate other than Employer.4. Ultimate Parent, Parent and Employer agree that they will not engage in anyscheme, transaction, restructuring or reorganization that permits Ultimate Parent,Parent, Employer or any Controlled Affiliate either to evade the protection of CarhaulWork for Employer's bargaining unit employees under this Agreement or to perform orassign or to permit the performance or assignment of any Carhaul Work outside theterms and conditions of this Agreement, the NMATA and applicable SupplementalAgreements, except as permitted herein. The Ultimate Parent, Parent and/or Employershall give written notification to the Union within fifteen (15) business days of theeffective date of any corporate or business entity restructuring or reorganization relatingto the Ultimate Parent, Parent or Employer, and/or acquisition (i.e. majority interest) bythe Ultimate Parent, Parent, Employer or any agent thereof, of any entity engaged inCarhaul Work.5. Ultimate Parent, Parent, Employer and Union agree that they waive any andall rights to assert that this Agreement or Article 33 of the NMATA violates any law orlegal principle and that they will not bring any legal challenge or action of any formconcerning the validity of this Agreement or Article 33 of the NMATA, permit anyControlled Affiliate to bring any such legal action, or voluntarily provide any support toany person or entity that brings any such legal action; provided, however, that nothing inthis paragraph 5 shall be construed to prohibit Union, Ultimate Parent, Parent,Employer or any Controlled Affiliate from responding to a properly-issued subpoena orsimilar legal process.103
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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
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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 106 and 107: fails to comply with this provision
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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