National Master Automobile Transporters Agreement For the Period ...

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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.
Article 5Section 6.Sections 1 through 5 restate, in part, the Agreement and practices developed underArticle 5, Section 1 of the 2003-2008 contract and previous contracts. This restatementis not to be construed as changing retroactively the established seniority lists or otherterms and conditions of employment in existing terminals.Section 7.New Terminals, etc.(a) Opening of Terminal(1) When a new terminal is opened, the Employer shall offer theopportunity to transfer to regular positions in the new terminal in the order of theircompany or classification seniority, to employees in the terminals which are affected inwhole or in part by the opening of the new terminal.This provision is not intended to apply to replacement of an existing terminal or where anew terminal is opened in a locality where there is an existing terminal. In these lattersituations, laid-off or extra employees in the existing terminal shall have first (1st)opportunity for employment at the new terminal in accordance with their seniority. If allregular full-time positions are not filled in this manner, then the provisions of the aboveparagraph shall apply.(2) The transferred employees, other than those referred to in theexceptions to Section 7(a)(1) above shall, for a period of thirty (30) days following thetransfer, have an unqualified right to return to their old terminal if it is still in existenceand carry with them their seniority at that old terminal. Employees who availthemselves of the transfer privileges because they are on layoff at their original terminalmay exercise their seniority rights if work becomes available at the original terminalduring the seven (7)-year layoff period allowed them at their original terminal.Transferred employees shall have, after thirty (30) days, the same privileges withrespect to subsequent transfers as set forth in paragraph (1) above.(3) Where a new terminal is opened by an Employer which does notaffect, in whole or in part, any other terminal of any Employer party to this Agreement,the Employer shall afford all of its drivers an opportunity to transfer to the new operationwith full seniority for all purposes. In the event an employee elects to transfer pursuantto this provision, there shall be no trial period and such transfer is final, except for returnrights provided under Section 7(b)(1) of this Article. In the event the Employer requiresadditional employees for the new terminal, it shall hire new employees in accordancewith Article 3, Section 1(c) of this Agreement. When new terminals are opened, thedrivers who signed the list for the new terminal will be offered work opportunities at that19
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 14 and 15: Article 3ARTICLE 3.RECOGNITION, UNI
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 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
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
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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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