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National Master Automobile Transporters Agreement For the Period ...

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

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