National Master Automobile Transporters Agreement For the Period ...

18Article 5(c) When two (2) or more Employers share traffic from the same shipper at thesame location and the traffic of one (1) of the Employers is canceled by the shipper andit is assigned to one (1) of the remaining Employers, whether or not there is a financialtransaction of any kind involving the affected Employers. At port facilities, the canceledEmployer must have regularly handled the traffic for a period of at least six (6) monthsfor this provision to apply.(d) When two (2) or more terminals are merged after an Employer enters into amajor financial transaction such as a merger, purchase, acquisition, sale or similartransaction with another Employer. It is immaterial whether the transaction involvedmerely the purchase of stock of one (1) corporation by another, with two (2) separatecorporations continuing in existence.(e) The above rules shall not apply to the acquisition of a wholly separate andindependent company, the operations of which are conducted separately from otheroperations covered by this Agreement.Section 5.(a) In the event a shipper cancels its business relationship with an Employer at alocation and transfers all or part of that business to another Employer which is notservicing that shipper at that location, whether or not there is a financial transaction ofany kind involving the affected Employers, both the active and the laid-off employees ofthe canceled Employer at that terminal shall be placed on a master seniority list. Thoseemployees who accept employment with the successor employer shall be given a newcompany seniority date. This new company seniority date shall be the date used forwork opportunities at any of the successor Employer's locations except the employee'soriginal terminal. However, the employee shall retain his prior company seniority datefor fringe benefits. At port facilities the canceled Employer must have regularly handledthe business for a period of more than six (6) months.(b) Employees of the canceled Employer who remain on layoff after all of theseniority rights contained in Sections 4 and 5(a) have been exercised shall remain onlayoff status at their home terminal with recall rights unimpaired. They shall be affordedadditional help opportunities at other locations by both Employers. For workopportunities at its other locations the successor Employer must exhaust its obligationsto its existing laid-off employees before offering opportunities to employees of thecanceled Employer. If an employee accepts employment under this subsection with thesuccessor Employer, a new company seniority date shall be given and there shall be nofurther obligation of the canceled Employer. However, the employee shall retain hisprior company seniority date for fringe benefits. If the employee selects employment atanother location of the canceled Employer, there shall be no further obligation of thesuccessor employer to that employee.