National Master Automobile Transporters Agreement For the Period ...

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For the Union:TEAMSTERS NATIONAL AUTOMOBILE TRANSPORTERSINDUSTRY NEGOTIATING COMMITTEE (TNATINC),on behalf of itself and LOCAL UNIONSaffiliated with the InternationalBrotherhood of TeamstersBy:Its:Dated:JACK COOPER TRANSPORT CO., 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 the undersigned employers party 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”), and the undersigned Local Unions affiliated with theInternational Brotherhood of Teamsters that are parties to the NMATA as identified inArticle 1, Section 2 of the NMATA and the Teamsters National Automobile TransportersIndustry Negotiating 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.112
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. In additionto the obligations of the Agreement, Employer agrees that Vehicle Processing andDistribution, Inc. (“VPD”), a controlled affiliate of Employer, shall not perform CarhaulWork, except in accordance with the provisions of this Agreement and the NMATA.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 Parent and/orEmployer shall give written notification to the Union within fifteen (15) working days ofthe effective date of any acquisition (i.e. majority interest) by the Parent or Employer ofany entity engaged in Carhaul Work as defined in Paragraph 10 (a) of this WorkPreservation 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, norvoluntarily 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 way113
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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
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Article 13within the meaning of Sec
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Article 16Agreement and of any Supp
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Article 20ARTICLE 20.JURISDICTIONAL
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Article 222. In the Central/Souther
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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 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 120 and 121: to the Union’s grievance within f
Page 122: For the Union:TEAMSTERS NATIONAL AU
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