Article 6haulers as issued by <strong>the</strong> Interstate Commerce Commission, <strong>the</strong>n in such case this<strong>Agreement</strong> may be reopened for consideration only for <strong>the</strong> purpose of reconsidering <strong>the</strong>wage scale in <strong>the</strong> transporting of such new or special commodities not within <strong>the</strong>purview of permits and certificates in existence at <strong>the</strong> time of <strong>the</strong> signing of this<strong>Agreement</strong>. In <strong>the</strong> event agreement cannot be reached within sixty (60) days after datesuch changed operations are put into effect, <strong>the</strong> matter shall be submitted to <strong>the</strong><strong>National</strong> Joint Arbitration Committee for final disposition. Rates agreed upon orawarded shall be effective as of <strong>the</strong> date <strong>the</strong> changed operations were put into effect.Section 1.No Strike and/or LockoutARTICLE 7.GRIEVANCE MACHINERYThe parties agree that all grievances and questions of interpretation arising from <strong>the</strong>provisions of this <strong>Agreement</strong> shall be submitted to <strong>the</strong> grievance procedure fordetermination.The Unions and <strong>the</strong> Employers agree that <strong>the</strong>re shall be no strike, tie-up of equipment,slowdown or walkout on <strong>the</strong> part of <strong>the</strong> employees, nor shall <strong>the</strong> Employer use anymethod of lockout or legal proceeding without first using all possible means of asettlement, as provided for in this <strong>Agreement</strong>, of any controversy which might arise.Any disputes <strong>the</strong> parties are unable to settle shall be referred to <strong>the</strong> appropriate<strong>Automobile</strong> <strong>Transporters</strong> Joint Area Arbitration Committee, except for <strong>the</strong> followingdirect violations, which are nondisputable:(a) Nonpayment of <strong>the</strong> established wage rates, when due, provided for in this<strong>Agreement</strong>, Supplements or Riders;(b) Nonpayment of health and welfare contributions as provided for in this<strong>Agreement</strong>, Supplements or Riders;(c) Nonpayment of pension contributions as provided for in this <strong>Agreement</strong>,Supplements or Riders;(d) Noncompliance with Joint Arbitration Committee decisions with respect toArticle 3, Section 4;(e) This paragraph does not apply to disputes over <strong>the</strong> computation of wages orapplication of rates.24
25Article 7(f) Modification of any of <strong>the</strong> terms or provisions of this <strong>Agreement</strong>, Supplementsor Riders, on ei<strong>the</strong>r a temporary, emergency, interim, permanent or o<strong>the</strong>r basis, by anycourt, administrative agency, or similar body, acting under any bankruptcy law orreceivership law, or similar law, including without limitation Section 1113 and any of itssubparts.The Local Union shall give <strong>the</strong> Employer a seventy-two (72) hour written notice,excluding Saturdays, Sundays and holidays, prior to taking any strike action authorizedby this Section. The notice shall specify <strong>the</strong> reason or reasons for <strong>the</strong> strike.Section 2.Work Stoppages(a) It is mutually agreed that <strong>the</strong> Local Union will, within two (2) weeks of <strong>the</strong> dateof <strong>the</strong> signing of this <strong>Agreement</strong>, serve upon <strong>the</strong> Employer a written notice listing <strong>the</strong>Union's authorized representatives who will deal with <strong>the</strong> Employer, make commitmentsfor <strong>the</strong> Local Union generally and, in particular, those individuals having <strong>the</strong> soleauthority to act for <strong>the</strong> Local Union in calling or instituting strikes or any stoppages ofwork which are not in violation of this <strong>Agreement</strong>. The Local Union may from time totime amend its listing of authorized representatives by certified mail. The Local Unionshall not authorize any work stoppage, slowdown, walkout or cessation of work inviolation of this <strong>Agreement</strong>. It is fur<strong>the</strong>r agreed that in all cases of an unauthorizedstrike, slowdown, walkout or any unauthorized cessation of work which is in violation ofthis <strong>Agreement</strong>, <strong>the</strong> Union shall not be liable for damages resulting from suchunauthorized acts of its members.In <strong>the</strong> event of a work stoppage, slowdown, walkout or cessation of work not permittedby <strong>the</strong> provisions of Article 7, Section 1, alleged to be in violation of this <strong>Agreement</strong>, <strong>the</strong>Employer shall immediately send a telegram or facsimile to <strong>the</strong> TNATINC Co-Chairperson and <strong>the</strong> designated Area representative to determine if such strike,slowdown, walkout or cessation of work alleged to be in violation of this <strong>Agreement</strong>shall be deemed to be authorized unless notification <strong>the</strong>reof by telegram or facsimilehas been received by <strong>the</strong> Employer and Local Union from <strong>the</strong> TNATINC Co-Chairperson and <strong>the</strong> designated Area representative. If no response is received by <strong>the</strong>Employer within twenty-four (24) hours following actual receipt by <strong>the</strong> TNATINC Co-Chairperson and <strong>the</strong> designated Area representative of <strong>the</strong> Employer’s request,excluding Saturdays, Sundays and holidays, such strike, etc., in violation of this<strong>Agreement</strong> shall be deemed to be unauthorized by TNATINC for <strong>the</strong> purposes of this<strong>Agreement</strong>.In <strong>the</strong> event of such unauthorized work stoppage or picket line, etc., in violation of this<strong>Agreement</strong>, <strong>the</strong> Local Union shall immediately make every effort to persuade <strong>the</strong>employees to commence <strong>the</strong> full performance of <strong>the</strong>ir duties and shall immediately