National Master Automobile Transporters Agreement For the Period ...

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44Article 10(d) Modified work shall be restricted to the type of work that is not expected toresult in a re-injury and which can be performed within the medical limitations set forthby the attending physician. In the event the employee is physically unable to performthe modified work assigned, he/she shall be either reassigned modified work withinhis/her physical capabilities or returned to full "temporary total" worker's compensationbenefits. In the event a third (3rd) party insurance carrier refuses to reinstate suchemployee to full temporary total disability benefits, the Employer shall be required topay the difference between the amount of the benefit paid by such third (3rd) partyinsurer and full total temporary disability benefits. Determination of physical capabilitiesshall be based on the attending physician's medical evaluation. Under no conditionswill the injured employee be required to perform work at that location subject to theterms and conditions of the National Master Automobile Transporters Agreement or itsArea Supplemental Agreements. Prior to acceptance of modified work, the affectedemployee shall be furnished a written job description of the type of work to beperformed.(e) The modified workday and workweek shall be established by the Employerwithin the limitations set forth by the attending physician. However, the workday shallnot exceed eight (8) hours, inclusive of coffee breaks where applicable and exclusive ofa one-half (1/2) hour meal period and the workweek shall not exceed forty (40) hours,Monday through Friday, or Tuesday through Saturday, unless the nature of themodified work assignment requires a scheduled workweek to include Sunday.Whenever possible, the Employer will schedule modified work during daylight hours,Monday through Friday, or during the same general working hours and on the sameworkweek that the employee enjoyed before he/she became injured. In the case of anemployee whose workdays and/or hours routinely varied, the Employer will schedulethe employee based on the availability of the modified assignment being offered. Anyalleged abuse of the assignment of workdays and work hours shall be subject to thegrievance procedure.(f) Modified work time shall be considered as time worked when necessary tosatisfy vacation and sick leave eligibility requirements as set forth in the National MasterAutomobile Transporters Agreement and/or its applicable Area SupplementalAgreements. In addition to earned vacation pay as set forth in the applicable AreaSupplemental Agreements, employees accepting modified work shall receive proratedvacation pay for modified work performed based on the weekly average modified workpay. The only time modified work is used in prorating vacation is when the employeedid not qualify under the applicable Supplemental Agreement.Holiday pay shall first be paid in accordance with the provisions of the applicableSupplemental Agreement as it relates to on-the-job injuries. Once such contractualprovisions have been satisfied, holidays will be paid at the modified work rate which isthe modified work wage plus the temporary partial disability benefit.
Article 10Sick and funeral leave taken while an employee is performing modified work will be paidat the modified work rate, which is the modified work wage plus the temporary partialdisability benefit. Unused sick leave will be paid at the applicable contract rate wherethe employee performed modified work and qualified for the sick leave during thecontract year.(g) The Employer shall continue to remit contributions to the appropriate health &welfare and pension trusts during the entire time period employees are performingmodified work. Continuation of such contributions beyond the period of time specifiedin the Supplemental Agreement for on-the-job injury shall be required. Provisions ofthis Section shall not be utilized as a reason to disqualify or remove an employee fromthe modified work program.(h) Employees accepting modified work shall receive temporary partial benefitsas determined by each respective state workers' compensation law, plus a modifiedwork wage when added to such temporary partial benefit, shall equal not less thaneighty-five percent (85%) of forty (40) hours pay he/she would otherwise be entitled tounder the provisions of the applicable Area Supplemental Agreement for the first six (6)months from the date the modified work assignment commences. After this initial six(6) month period, the percentage shall increase to ninety percent (90%) for the durationof each individual modified work assignment. The Employer shall not refuse to assignmodified work to employees based solely on such employees reaching the ninetypercent (90%) wage level. Such refusal shall be considered an abuse of the programand shall be subject to the grievance procedure. Modified work assignments beginningor ending within a workweek shall be paid on a prorated basis; one (1) day equals onefifth(1/5th).(i) Employees accepting modified work shall not be subject to disciplinary actionprovisions of the Supplemental Agreements unless such violation involves an offensefor which no prior warning notice is required under the applicable SupplementalAgreement (Cardinal Sins). Additionally, the provisions of Article 30, Section 14 shallapply.(j) Alleged abuses of the modified work program by the Employer shall besubject to the grievance procedure of the National Master Automobile TransportersAgreement and its applicable Area Supplemental Agreements. Proven abuses mayresult in a determination by the National Joint Arbitration Committee that wouldwithdraw the benefits of this Article from that Employer, in whole or in part, in whichcase affected employees shall immediately revert to full worker's compensationbenefits.45
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 24 and 25: 18Article 5(c) When two (2) or more
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 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
Page 74 and 75: 68Article 30conditions complained o
Page 76 and 77: Article 30Brake Linings(c) As new e
Page 78 and 79: Article 30release in writing.(h) If
Page 80 and 81: Article 30Any alleged violation of
Page 82 and 83: Article 30In any reasonable cause c
Page 84 and 85: Article 301. Pre-employment TestsAn
Page 86 and 87: 80Article 30Any employee who fails
Page 88 and 89: Article 31ARTICLE 31.UNIFORMSThe Em
Page 90 and 91: 84Article 33(3) Taking advantage of
Page 92 and 93: Article 33(b) The cost of the neutr
Page 94 and 95: Article 34Agreements reached must b
Page 96 and 97: Article 35Section 4.In the event of
Page 98 and 99: NEGOTIATING COMMITTEEFOR THE LOCAL
Page 100 and 101:
WORK PRESERVATION AGREEMENTFOR SIGN
Page 102 and 103:
include stock sales or exchanges, m
Page 104 and 105:
ACTIVE TRUCK TRANSPORT, L.L.C.WORK
Page 106 and 107:
fails to comply with this provision
Page 108 and 109:
For the Employer:ACTIVE USA, INC.By
Page 110 and 111:
6. In the event that any provision
Page 112 and 113:
classification covered by the NMATA
Page 114 and 115:
1. Parent, Union and Employer enter
Page 116 and 117:
any other method by which business
Page 118 and 119:
For the Union:TEAMSTERS NATIONAL AU
Page 120 and 121:
to the Union’s grievance within f
Page 122:
For the Union:TEAMSTERS NATIONAL AU
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