National Master Automobile Transporters Agreement For the Period ...

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Article 33(b) The cost of the neutral arbitrator shall be shared equally by both the LocalUnion and the Employer involved. In the event the Employer or the Local Union isresponsible for the Board of Arbitration's failure to timely process the grievance asprovided in Section 3(c) below, the party responsible for the delay shall be obligated forthe full cost of the neutral arbitrator. A case may be postponed only once by writtenmutual agreement of the parties.(c) The Board of Arbitration shall schedule a standing four-day hearing sessionfor the week following the quarterly meeting of the National Joint Arbitration Committee(the "Standing Session") in which the Board of Arbitration shall hear and dispose ofeach Work Preservation Grievance filed in the prior calendar quarter.In the event that more than two (2) Work Preservation Grievances are scheduled for aStanding Session, the Board of Arbitration may, by unanimous vote of its members,schedule additional hearing days within fifteen (15) days of the conclusion of theStanding Session. The Board of Arbitration shall issue its decision on each WorkPreservation Grievance submitted to the Standing Session within sixty (60) days of theconclusion of the hearing on the Work Preservation Grievance.(d) If the Board of Arbitration determines that the Employer or any party to theWork Preservation Agreements has violated Article 33, Section 1 or the WorkPreservation Agreement, then the Board of Arbitration may in addition to and withoutprejudice to any other remedy, (1) order specific performance of the Employer'sobligations under the Agreement and include an appropriate cease and desist order inits remedy and (2) order the Employer to compensate the affected employees coveredby the Agreement for any and all wages and benefits lost by such employees.(e) The National Union Committee, the Local Union and the Employer shallcomply with any final decision of the Board of Arbitration in all respects within ten (10)days of the final decision without regard to whether the National Union Committee, theLocal Union or the Employer has brought any action or proceeding to review, modify,enforce, confirm, vacate or set aside the decision. An Employer or Union challenging adecision issued by a Board of Arbitration in the above manner shall pay the other partythe cost of such challenge, including the Court costs and reasonable attorneys fees ifthe Court does not modify or vacate the Board of Arbitration decision.(f) The provisions of Article 7, Section 9 (d) and (f) shall not apply to the Board ofArbitration proceeding arising under these provisions; the Board of Arbitration shall notbe obligated to render decisions at the time of the hearing; and Briefs may be filed byany party, including TNATINC, the Local Union, and the Employer.86
Article 33Section 4.Right to InformationIn the event that a Work Preservation Grievance is submitted, the Employer or Unionmay request, in writing, specific relevant information, documents or materials pertainingto such grievance and the other party shall respond to such request within fifteen (15)days of the receipt of such request.If, and to the extent that, the Employer or the Union fails or refuses to comply with thisrequest for information, for any reason, the Employer or the Union may request asubpoena duces tecum from the majority of the Board of Arbitration requiring that theinformation be produced by the Employer or the Union or any other entity or person. If,and to the extent that the subpoenaed party fails or refuses to comply with a subpoenaissued by the majority of the Board of Arbitration, the Union or the Employer may seekenforcement of the subpoena in federal court pursuant to Section 301 of the Labor-Management Relations Act of 1947, as amended.If, and to the extent that the Employer or Union fails to comply with this provision for anyreason, the other party may argue that the Board of Arbitration should draw an adverseinference concerning the subject matter of the information that the party failed toprovide the other party within fifteen (15) days.Section 5.Employers shall not relocate existing operations to locations outside of the jurisdictionof a Local Union signatory to this Agreement for the purpose of evading thisAgreement.If new operations are established by a signatory Employer, the Employer will negotiatein good faith with the affected Local Union regarding staffing.(See separate attachment of Work Preservation Agreements.)Section 1.ARTICLE 34.SLEEPER CAB OPERATIONSAn Employer may establish a sleeper cab operation, i.e., two (2) man operation, to becovered by this Agreement. It must negotiate with the involved Local Unions allconditions affecting the operations prior to effectuating the sleeper cab operation.87
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NATIONAL MASTERAUTOMOBILETRANSPORTE
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INDEXiiiPageNATA Negotiating Commit
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INDEXPageWork Preservation Agreemen
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Article 1ARTICLE 1.PARTIES TO THE A
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Article 2Section 2.Supplements to t
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6Article 2Riders may become effecti
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Article 3ARTICLE 3.RECOGNITION, UNI
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Article 3(3) In accordance with the
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Article 3manner and amounts as the
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Article 3check, the total amount de
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Article 4the employee has a right t
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18Article 5(c) When two (2) or more
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Article 5terminal before any new-hi
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Article 5(b) The Employer shall fil
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Article 6haulers as issued by the I
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26Article 7inform the employees tha
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(d) Nothing herein shall prevent th
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Article 7Step 3.If no settlement is
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Article 7Each committee shall consi
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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 50 and 51: 44Article 10(d) Modified work shall
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 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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