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National Master Automobile Transporters Agreement For the Period ...

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Article 33ARTICLE 33.WORK PRESERVATIONSection 1.<strong>For</strong> <strong>the</strong> purpose of protecting and preserving Carhaul Work (as defined in <strong>the</strong> WorkPreservation <strong>Agreement</strong> for Signatory Employers, but excluding office units except asprovided in <strong>the</strong> Western Area Office Supplement) for <strong>the</strong> Employer's bargaining unitemployees, eliminating contracting and double breasting practices under whichEmployer permits persons o<strong>the</strong>r than Employer's bargaining unit employees to performCarhaul Work, and preventing any scheme or subterfuge to avoid <strong>the</strong> protection andpreservation of Carhaul Work under this <strong>Agreement</strong>, <strong>the</strong> Employer agrees that it shallnot undertake to, nor permit any Controlled Affiliate (including freight broker companiesas <strong>the</strong>se terms are defined in <strong>the</strong> Work Preservation <strong>Agreement</strong> for SignatoryEmployers) to subcontract, transfer, lease, divert, contract, assign or convey, in full or inpart, any Carhaul Work to any Controlled Affiliate, plant, business, person or non-unitemployees o<strong>the</strong>r than Employer, or to any o<strong>the</strong>r mode of operation, except as explicitlyand specifically provided for and permitted in <strong>the</strong> NMATA and/or applicableSupplemental <strong>Agreement</strong>s.The Employer agrees that it shall not permit any Controlled Affiliate o<strong>the</strong>r thanEmployer to perform any Carhaul Work and that no Carhaul Work shall be performedby any Controlled Affiliate o<strong>the</strong>r than Employer.Section 2.None of <strong>the</strong> above limitations shall apply and do not prohibit <strong>the</strong> following activities by<strong>the</strong> Employer:(a) Trip leases, load exchange and return haul arrangements, o<strong>the</strong>rwise not inviolation of this <strong>Agreement</strong> or its Supplemental <strong>Agreement</strong>s, between Employers within<strong>the</strong> multi-employer unit;(b) Assignment or subcontract of maintenance-related work involving <strong>the</strong> specificareas designated below:(1) Work not presently assigned to <strong>the</strong> bargaining unit;(2) Where <strong>the</strong> Employer does not have appropriate facilities, availableequipment or employees with requisite skills to perform <strong>the</strong> specific maintenance workand has no employees on layoff in job classifications affected by <strong>the</strong> assignment orsubcontracting;83

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