National Master Automobile Transporters Agreement For the Period ...

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Article 3ARTICLE 3.RECOGNITION, UNION SHOP AND CHECKOFFSection 1.Recognition(a) The Employer recognizes and acknowledges that the Teamsters NationalAutomobile Transporters Industry Negotiating Committee and the Local Unionsaffiliated with the International Brotherhood of Teamsters are the exclusiverepresentatives of all employees in the classifications of work covered by this NationalMaster Agreement, and Supplements thereto for the purpose of collective bargaining asprovided by the National Labor Relations Act.Subject to Article 2 (Scope of Agreement), this provision shall apply to all present andsubsequently acquired operations and terminals of the Employer.This provision shall not apply to wholly-owned and wholly independently operatedsubsidiaries which are not under contract with Local IBT Unions. "Wholly independentlyoperated" means, among other things, that there shall be no interchange of freight,equipment or personnel, or common use, in whole or in part, of equipment, terminals,property, personnel or Interstate Commerce Commission (I.C.C.) rights.Union Membership(b) All present employees who are members of the Local Union on the effectivedate of this subsection or on the date of execution of this Agreement, whichever is thelater, shall remain members of the Local Union in good standing as a condition ofemployment. All present employees who are not members of the Local Union and allemployees who are hired hereafter shall become and remain members in goodstanding of the Local Union as a condition of employment on and after the thirty-first(31st) day following the beginning of their employment or on and after the thirty-first(31st) day following the effective date of this subsection or the date of this Agreement,whichever is the later. Within seven (7) days from the date of hiring of a new employee,the Employer will give to the Union, in writing, the following information:(1) The name, home address and social security number of the newlyhired employee; and(2) The date the employee was hired.An employee who has failed to acquire or thereafter maintain membership in the Union,as herein provided, shall be terminated seventy-two (72) hours after his Employer hasreceived written notice from an authorized representative of the Local Union, certifyingthat membership has been, and is continuing to be, offered to such employee on thesame basis as all other members and, further, that the employee has had notice and8
Article 3opportunity to make all dues payments. This provision shall be made and becomeeffective as of such time it may be made and become effective under the provisions ofthe National Labor Relations Act, but not retroactively.Additional Employees(c) When the Employer needs additional employees, it shall give the Local Unionequal opportunity with all other sources to provide suitable applicants, but the Employershall not be required to hire those referred by the Local Union.The Local Union and the Employer agree to prepare a list of automobile transporteremployees within their area who are currently on layoff status. The Employer agrees togive all persons on the list a good faith opportunity for employment before hiring newemployees to perform work covered by this Agreement. Separate lists shall be preparedfor employees in separate classifications such as driver, yard, office and garage.(d) No provision of this Article shall apply in any state to the extent that it may beprohibited by state law. If under applicable state law additional requirements must bemet before any such provision may become effective, such additional requirementsshall be met first.Agency Shop Clause(e) If any agency shop clause is permissible in any state where the provisions ofthis Article relating to the union shop cannot apply, the following agency clause shallprevail:(1) Membership in the Union is not compulsory. Employees have the rightto join, not join, maintain or drop their membership in the Union, as they see fit. Neitherparty shall exert any pressure on or discriminate against any employee regarding suchmatters;(2) Membership in the Union is separate, apart and distinct from theassumption by one of one's equal obligation to the extent that one receives equalbenefits. The Union is required under this Agreement to represent all of the employeesin the bargaining unit fairly and equally without regard to whether or not an employee isa member of the Union. The terms of this Agreement have been made for allemployees in the bargaining unit and not only for members in the Union, and thisAgreement has been executed by the Employer after it has satisfied itself that theUnion is the choice of a majority of the employees in the bargaining unit. Accordingly, itis fair that each employee in the bargaining unit pay his own way and assume his fairshare of the obligation along with the grant of equal benefit contained in thisAgreement;9
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 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
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Article 222. In the Central/Souther
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Article 23For each additional .1 po
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Article 24opportunity presents itse
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Article 27At locations where border
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66Article 30disputes cannot be reso
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68Article 30conditions complained o
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Article 30Brake Linings(c) As new e
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Article 30release in writing.(h) If
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Article 30Any alleged violation of
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Article 30In any reasonable cause c
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Article 301. Pre-employment TestsAn
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80Article 30Any employee who fails
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Article 31ARTICLE 31.UNIFORMSThe Em
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84Article 33(3) Taking advantage of
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Article 33(b) The cost of the neutr
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Article 34Agreements reached must b
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Article 35Section 4.In the event of
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NEGOTIATING COMMITTEEFOR THE LOCAL
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WORK PRESERVATION AGREEMENTFOR SIGN
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include stock sales or exchanges, m
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ACTIVE TRUCK TRANSPORT, L.L.C.WORK
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fails to comply with this provision
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For the Employer:ACTIVE USA, INC.By
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6. In the event that any provision
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classification covered by the NMATA
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1. Parent, Union and Employer enter
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any other method by which business
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For the Union:TEAMSTERS NATIONAL AU
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to the Union’s grievance within f
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For the Union:TEAMSTERS NATIONAL AU
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