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National Master Automobile Transporters Agreement For the Period ...

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Article 5terminal before any new-hires from <strong>the</strong> street are added to <strong>the</strong> seniority list.(b) Closing of Terminals(1) When a terminal is closed and <strong>the</strong> work of <strong>the</strong> terminal is eliminated,an employee who was formerly employed at ano<strong>the</strong>r terminal shall have <strong>the</strong> right totransfer back to such former terminal and exercise seniority based on <strong>the</strong> date of hire at<strong>the</strong> terminal into which <strong>the</strong> employee is transferring, provided <strong>the</strong> employee has notbeen away from such original terminal for more than three (3) years.(2) When a terminal is closed or partially closed and <strong>the</strong> work of <strong>the</strong>terminal is transferred to ano<strong>the</strong>r terminal of <strong>the</strong> same Employer, a sufficient number ofemployees necessary to perform <strong>the</strong> transferred work shall have <strong>the</strong> right to transfer to<strong>the</strong> terminal into which <strong>the</strong> work was transferred, if regular work is available. Suchemployees shall exercise terminal seniority and maintain company seniority for fringebenefit purposes.(3) The above subsection (b) (2) shall not be applicable in instances when<strong>the</strong> manufacturer moves a model line from a plant located at one terminal to a plantlocated at ano<strong>the</strong>r terminal of <strong>the</strong> Employer.(c) In all transfers referred to in subsections (a) and (b) above, <strong>the</strong> employeemust be qualified to perform <strong>the</strong> job by experience in <strong>the</strong> classification. If a driver test isrequired, such test shall be given by a qualified driver-supervisor or driver.Section 8.The parties acknowledge that <strong>the</strong> above rules are intended solely as general standardsand fur<strong>the</strong>r agree that many factual situations may be presented to <strong>the</strong> Committeewhich necessitate modification or amendment in <strong>the</strong> application of <strong>the</strong>se rules tospecific factual cases and as set forth in <strong>the</strong> definition contained in Section 1.Accordingly, <strong>the</strong> Employers and <strong>the</strong> Union acknowledge that questions involving <strong>the</strong>accrual, interpretation or application of seniority rights may arise which require differenttreatment. It is understood that <strong>the</strong> Employers, <strong>the</strong> Union and <strong>the</strong> <strong>National</strong> or AreaJoint Arbitration Committees may mutually agree to such disposition of questions ofseniority which, in <strong>the</strong>ir judgment, is appropriate under <strong>the</strong> circumstances. The <strong>National</strong>and Area Joint Arbitration Committees shall have <strong>the</strong> authority to determine <strong>the</strong>establishment and application of seniority in all situations presented to <strong>the</strong>m and <strong>the</strong>seniority decisions of <strong>the</strong> Joint Arbitration Committees shall be final and binding on <strong>the</strong>Employer, <strong>the</strong> Union and <strong>the</strong> employees.20

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