National Master Automobile Transporters Agreement For the Period ...

National Master Automobile Transporters Agreement For the Period ... National Master Automobile Transporters Agreement For the Period ...

11.07.2015 Views

26Article 7inform the employees that the work stoppage and/or picket line is unauthorized and inviolation of this Agreement. The question of whether employees who refuse to workduring such unauthorized work stoppages, in violation of this Agreement, or who fail tocross unauthorized picket lines at their Employer's premises shall be considered asparticipating in an unauthorized work stoppage in violation of this Agreement, may besubmitted to the grievance procedure.The International Brotherhood of Teamsters, Teamsters National AutomobileTransporters Industry Negotiating Committee, Joint Councils and Local Unions shallmake immediate efforts to terminate any strike or stoppage of work as aforesaid whichis not authorized by such organizations, without assuming liability therefor. For and inconsideration of the agreement of the International Brotherhood of Teamsters,Teamsters National Automobile Transporters Industry Negotiating Committee, JointCouncils and Local Unions affiliated with the International Brotherhood of Teamsters tomake the aforesaid efforts including the use of all reasonable means at their disposal torequire Local Unions and their members to comply with the law or the provisions of thisAgreement, including the provisions limiting strikes, work stoppages, as aforesaid, theAssociation and the Employers who are parties hereto agree that they will not hold theInternational Brotherhood of Teamsters, Teamsters National Automobile TransportersIndustry Negotiating Committee, or Joint Councils liable or sue them in any court orbefore any administrative tribunal for undertaking such efforts to terminate unauthorizedstrikes or stoppages of work as aforesaid or for undertaking such efforts to requireLocal Unions and their members to comply with the law or the provisions of thisAgreement. It is further agreed that the signator Association and Employers will not holdthe International Brotherhood of Teamsters, Teamsters National AutomobileTransporters Industry Negotiating Committee, Joint Councils or Local Unions liable orsue them in any court or before any administrative tribunal for such unauthorized workstoppage alleging condonation, ratification or assumption of liability for undertakingsuch efforts to terminate strikes or stoppages of work or requiring Local Unions andtheir members to comply with the law or the provisions of this Agreement, or for takingno further steps to require them to do so.The provisions of this Article shall continue to apply during that period of time betweenthe expiration of this Agreement and the conclusion of the negotiation or the effectivedate of the successor Agreement, whichever occurs later. It is understood and agreedthat failure by the International Brotherhood of Teamsters, Teamsters NationalAutomobile Transporters Industry Negotiating Committee, and/or the Joint Councils toauthorize a strike by a Local Union shall not relieve such Local Union of liability for astrike authorized by it and which is in violation of this Agreement, except as provided inArticle 35, Section 5.(b) The question of whether the International Union, Teamsters NationalAutomobile Transporters Industry Negotiating Committee, Joint Council or Local Union

Article 7has met their obligation set forth in the immediately preceding paragraph or thequestion of whether the International Union, Teamsters National AutomobileTransporters Industry Negotiating Committee, Joint Council or a Local Union,separately or jointly, participated in an unauthorized work stoppage, slowdown, walkoutor cessation of work in violation of this Agreement by calling, encouraging, assisting oraiding in such stoppage, etc., in violation of this Agreement, or the question of whetheran authorized strike provided by Article 7, Section 1, is in violation of this Agreement, orwhether an Employer engaged in a lockout in violation of this Agreement shall besubmitted to the grievance procedure at the National level, prior to the institution of anydamage suit action. When requested, the co-chairpersons of the National JointArbitration Committee shall immediately appoint a subcommittee to develop a record bycollecting evidence and hear testimony, if any, on the sole question of whether theInternational Union, Teamsters National Automobile Transporters Industry NegotiatingCommittee, Joint Council or Local Union has met their obligation as aforesaid or ofUnion participation or Employer lockout in violation of this Agreement. The record shallbe immediately forwarded to the National Joint Arbitration Committee for decision. If adecision is not rendered within thirty (30) days after the co-chairpersons have convenedthe National Committee, the matter shall be considered deadlocked.A majority decision of the National Joint Arbitration Committee on the questionspresented as aforesaid shall be final and binding on all parties. If such majority decisionis rendered in favor of one (1) or more of the Union entities, or the Employer, in thecase of lockout, no damage suit proceedings on the issues set forth in this Article shallbe instituted against such Union entity or such Employer. If, however, the National JointArbitration Committee is deadlocked on the issues referred to in this subsection 2(b),either party may institute damage suit proceedings, but the record of the National JointArbitration Committee and its subcommittee shall not be offered in evidence by eitherparty for any purpose. Except as provided in this subsection 2(b), agreement to utilizethis procedure shall not thereafter in any way limit or constitute a waiver of the right ofthe Employer or the Union to commence damage suit action. However, the use ofevidence in this procedure shall not waive the right of the Employer or the Union to usesuch evidence in any litigation relating to the strike or lockout, etc., in violation of thisAgreement. There shall not be any strike, slowdown, walkout, cessation of work orlockout as a result of a deadlock of the National Joint Arbitration Committee on thequestions referred to under this subsection 2(b), and any such activity shall beconsidered a violation of this Agreement.(c) In the event that an Employer, party to this Agreement, commences legalproceedings against the Union after the Union's compliance with the provisions ofArticle 7, Section 2(a), the Employer Association will cooperate in presenting to thecourt the applicable majority grievance committee decision or grievance deadlocked bythe National Committee.27

26Article 7inform <strong>the</strong> employees that <strong>the</strong> work stoppage and/or picket line is unauthorized and inviolation of this <strong>Agreement</strong>. The question of whe<strong>the</strong>r employees who refuse to workduring such unauthorized work stoppages, in violation of this <strong>Agreement</strong>, or who fail tocross unauthorized picket lines at <strong>the</strong>ir Employer's premises shall be considered asparticipating in an unauthorized work stoppage in violation of this <strong>Agreement</strong>, may besubmitted to <strong>the</strong> grievance procedure.The International Bro<strong>the</strong>rhood of Teamsters, Teamsters <strong>National</strong> <strong>Automobile</strong><strong>Transporters</strong> Industry Negotiating Committee, Joint Councils and Local Unions shallmake immediate efforts to terminate any strike or stoppage of work as aforesaid whichis not authorized by such organizations, without assuming liability <strong>the</strong>refor. <strong>For</strong> and inconsideration of <strong>the</strong> agreement of <strong>the</strong> International Bro<strong>the</strong>rhood of Teamsters,Teamsters <strong>National</strong> <strong>Automobile</strong> <strong>Transporters</strong> Industry Negotiating Committee, JointCouncils and Local Unions affiliated with <strong>the</strong> International Bro<strong>the</strong>rhood of Teamsters tomake <strong>the</strong> aforesaid efforts including <strong>the</strong> use of all reasonable means at <strong>the</strong>ir disposal torequire Local Unions and <strong>the</strong>ir members to comply with <strong>the</strong> law or <strong>the</strong> provisions of this<strong>Agreement</strong>, including <strong>the</strong> provisions limiting strikes, work stoppages, as aforesaid, <strong>the</strong>Association and <strong>the</strong> Employers who are parties hereto agree that <strong>the</strong>y will not hold <strong>the</strong>International Bro<strong>the</strong>rhood of Teamsters, Teamsters <strong>National</strong> <strong>Automobile</strong> <strong>Transporters</strong>Industry Negotiating Committee, or Joint Councils liable or sue <strong>the</strong>m in any court orbefore any administrative tribunal for undertaking such efforts to terminate unauthorizedstrikes or stoppages of work as aforesaid or for undertaking such efforts to requireLocal Unions and <strong>the</strong>ir members to comply with <strong>the</strong> law or <strong>the</strong> provisions of this<strong>Agreement</strong>. It is fur<strong>the</strong>r agreed that <strong>the</strong> signator Association and Employers will not hold<strong>the</strong> International Bro<strong>the</strong>rhood of Teamsters, Teamsters <strong>National</strong> <strong>Automobile</strong><strong>Transporters</strong> Industry Negotiating Committee, Joint Councils or Local Unions liable orsue <strong>the</strong>m in any court or before any administrative tribunal for such unauthorized workstoppage alleging condonation, ratification or assumption of liability for undertakingsuch efforts to terminate strikes or stoppages of work or requiring Local Unions and<strong>the</strong>ir members to comply with <strong>the</strong> law or <strong>the</strong> provisions of this <strong>Agreement</strong>, or for takingno fur<strong>the</strong>r steps to require <strong>the</strong>m to do so.The provisions of this Article shall continue to apply during that period of time between<strong>the</strong> expiration of this <strong>Agreement</strong> and <strong>the</strong> conclusion of <strong>the</strong> negotiation or <strong>the</strong> effectivedate of <strong>the</strong> successor <strong>Agreement</strong>, whichever occurs later. It is understood and agreedthat failure by <strong>the</strong> International Bro<strong>the</strong>rhood of Teamsters, Teamsters <strong>National</strong><strong>Automobile</strong> <strong>Transporters</strong> Industry Negotiating Committee, and/or <strong>the</strong> Joint Councils toauthorize a strike by a Local Union shall not relieve such Local Union of liability for astrike authorized by it and which is in violation of this <strong>Agreement</strong>, except as provided inArticle 35, Section 5.(b) The question of whe<strong>the</strong>r <strong>the</strong> International Union, Teamsters <strong>National</strong><strong>Automobile</strong> <strong>Transporters</strong> Industry Negotiating Committee, Joint Council or Local Union

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!