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ARTICLE
1.
PARTIES TO THE AGREEMENT
Section 1. Employers Covered
The Employer consists of Associations, members of
Associations who have given authorization to the Associations to
represent them in the negotiation and/or execution of this Agreement
and Supplemental Agreements, and individual Employers who become
signator to this Agreement and Supplemental Agreements as
hereinafter set forth. The signator Associations enter into this
Agreement and Supplemental Agreements as hereinafter set forth. The
signator Associations represent that they are duly authorized to
enter into this Agreement and Supplemental Agreements on behalf of
their members under and as limited by their authorizations as
submitted prior to negotiations.
Section 2. Unions Covered
The Union consists of any Local Union which may
become a party to this Agreement and any Supplemental Agreement as
hereinafter set forth. Such Local Unions are hereinafter designated
as “Local Union.” In addition to such Local Unions, the Teamsters
National Freight Industry Negotiating Committee representing Local
Unions affiliated with the International Brotherhood of Teamsters,
hereinafter referred to as the “National Union Committee,” is also a
party to this Agreement and the agreements supplemental hereto.
Section 3. Transfer of Company Title or Interest
The Employer’s obligations under this Agreement
including Supplements shall be binding upon its successors,
administrators, executors and assigns. The Employer agrees that the
obligations of this Agreement shall be included in the agreement of
sale, transfer or assignment of the business. In the event an
entire active or inactive operation, or a portion thereof, or rights
only, are sold, leased, transferred or taken over by sale, transfer,
lease, assignment, receivership or bankruptcy proceedings, such
operation or use of rights shall continue to be subject to the terms
and conditions of this Agreement for the life thereof. Transactions
covered by this provision include stock sales or exchanges, mergers,
consolidations, spin-offs or any other method by which a business is
transferred.
It is understood by this Section that the signator
Employer shall not sell, lease or transfer such run or runs or
rights to a third party to evade this Agreement. In the event the
Employer fails to require the purchaser, transferee, or lessee to
assume the obligations of this Agreement, as set forth above, the
Employer (including partners thereof) shall be liable to the Local
Union(s) and to the employees covered for all damages sustained as a
result of such failure to require the assumption of the terms of
this Agreement until its expiration date, but shall not be liable
after the purchaser, the transferee or lessee has agreed to assume
the obligations of this Agreement. The obligations set forth above
shall not apply in the event of the sale, lease or transfer of a
portion of the rights comprising less than all of the signator
Employer’s rights to a non-signator company unless the purpose is to
evade this Agreement. Corporate reorganizations by a signatory
Employer, occurring during the term of this Agreement, shall not
relieve the signatory Employer or the re-organized Employer of the
obligations of this Agreement during its term.
When a signator to this Agreement purchases rights
from another signator, the provisions of Article 5 shall apply. The
applicable layoff provisions of this Agreement shall apply.
The Employer shall give notice of the existence of
this Agreement to any purchaser, transferee, lessee, assignee, or
other entity involved in the sale, merger, consolidation,
acquisition, transfer, spin-off, lease or other transaction by which
the operation covered by this Agreement or any part thereof,
including rights only, may be transferred. Such notice shall be in
writing, with a copy to the Local Union, at the time the seller,
transferor or lessor makes the purchase and sale negotiation known
to the public or executes a contract or transaction as herein
described, whichever first occurs. The Local Union shall also be
advised of the exact nature of the transaction, not including
financial details.
The term rights shall include routes and runs.
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