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National Master Automobile Transporters Agreement For the Period ...

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69Article 30conditions. The Employer and Local Union must agree that <strong>the</strong> unsafe condition wasalleviated or does not exist for <strong>the</strong> dealer to continue on <strong>the</strong> night delivery list.To qualify for this provision <strong>the</strong> unsafe conditions causing <strong>the</strong> employee's apprehensionof injury must be of such nature that a reasonable person under <strong>the</strong> circumstances <strong>the</strong>nconfronting <strong>the</strong> employee would conclude that <strong>the</strong>re is a bona fide danger of an accident,injury or serious impairment of health resulting from <strong>the</strong> unsafe condition.(4) The Employer agrees that equipment utilized in <strong>the</strong> night deliveryoperations shall be equipped with adequate lighting.(5) General questions arising under this subsection shall be first submittedto <strong>the</strong> terminal safety committee designated in Article 30, Section 1(b).(f) In order to accommodate random inspections made by OSHA or OMC/FHWAof <strong>the</strong> workplace without notice to <strong>the</strong> Employer or <strong>the</strong> Union, each Local shalldesignate at least two (2) individuals at each major establishment of <strong>the</strong> Employer as<strong>the</strong> employee representative to accompany <strong>the</strong> inspector of any OSHA or OMC/FHWAinspection that may occur. The Employer shall be notified of <strong>the</strong> name of suchdesignated persons to be kept on file at each establishment.Section 3.Tires(a) There shall be no recap tires on steering axle of any units.Shock Absorbers(b) With <strong>the</strong> purchase of newly manufactured tractors which are placed in serviceafter March 1, 1981, and with <strong>the</strong> understanding that <strong>the</strong>re will be no retrofit ofequipment currently in use, <strong>the</strong> following shall apply:Where <strong>the</strong> manufacturer recommends and provides shock absorbers as standardequipment with <strong>the</strong> tractor front suspension assembly, properly maintained shocks onsuch new equipment shall be considered as a necessary and integral part of thatassembly. Where <strong>the</strong> manufacturer does not recommend and provide shock absorbersas standard equipment with <strong>the</strong> tractor front suspension assembly, shocks shall not beconsidered as a necessary or integral part of that suspension system.Any alleged violation of <strong>the</strong> above, including maintenance of existing equipment, shallnot be cause for refusal of <strong>the</strong> equipment, but shall be reported to <strong>the</strong> Employer and <strong>the</strong>Local Union, and if not corrected promptly, be subject to <strong>the</strong> grievance procedure and isto be treated as a safety and health issue.

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