DEPENDENT CONTRACTORS. Section 1 Definition Section 2 The Company may engage the services of dependent contractors provided the following conditions are complied with: a Dependent Contractor’s Agreement as provided in Appendix attached hereto and forming part of this Agreement is entered into between the Company and the dependent contractor prior to the dependent contractor performing any services for the Company and in respect to those dependent contractors now engaged by the Company not later than fifteen days following the signing of this Agreement. Signed copies of Appendix shall be forwarded to the Union forthwith the dependent contractor shall become and remain a member of the Union in accordance Article Section 2 and 3 herein. He shall be identified on a checkoff list as a dependent contractor, either as a line driver, local or a combination of both a separate seniority list shall be posted at the terminal showing the names and truck numbers of all dependent contractors. A copy of such list shall be forwarded to the Union forthwith in accordance with Article Section 7 , The dependent contractor shall personally and exclusively operate the equipment supplied pursuant to this agreement with the Company, excepting that such equipment shall be operated by an employee of the Company in instances where the equipment requires more than one operator and upon the request of the dependent contractor, in instances where the dependent contractor is absent because of vacations, illness, accident or on leave of absence for reasons acceptable to the Company. Notwithstanding the foregoing, in instances where partnerships existed under the Agreement, such arrangements shall not be affected by this Article. On written demand from the Union the Company must produce proof of ownership or equipment lease agreement by said dependent contractor Section 3 Increases, Decreases In Services In the event the Company increases or reduces the number of operational units within a branch, such increases or reductions shall be made on the basis of one Company unit to one dependent contractor unit. However, the foregoing shall not compel the Company to engage or retain the services of dependent contractors, nor shall the replacement of a dependent contractor with another dependent contractor be a consideration. In the application of (a) of this Section the branch shall be defined as follows: in the line-haul within the jurisdiction of the Local Union in which he is a member (ii) in operations all terminals or operations within a particular city.
Appears in 1 contract
Sources: Master Freight Agreement
DEPENDENT CONTRACTORS. Section 1 Definition
A dependent contractor (which for the purposes herein, shall include is the owner and/or purchaser and, except as herein, the exclusive operator of equipment supplied for the Company's services pursuant to this Article and The title to the equipment shall be in the name of the Company for registration and licensing purposes only, and the Company has no financial interest other than as required by the Motor Carrier Act. Section 2 Services The Company may engage the services of dependent contractors provided the providedthe following conditions are complied with: a Dependent Contractor’s 's Agreement as provided in Appendix attached hereto and forming part of this Agreement is entered into between the Company and the dependent contractor prior to the dependent contractor performing any services for the Company and in respect to those dependent contractors now engaged by the Company not later than fifteen days following the signing of this Agreement. , Signed copies of Appendix shall be forwarded to the Union forthwith the dependent contractor shall become and remain a member of the Union in accordance with Article Section 2 and 3 herein. He shall be identified on a checkoff list as a dependent contractor, either as a line driver, local cartage or a combination of both a separate seniority list shall be posted at the terminal showing the names and truck numbers of all dependent contractors. A copy of such list shall be forwarded to the Union forthwith in accordance with Article Section 7 , The dependent contractor shall personally and exclusively operate the equipment supplied pursuant to this agreement with the Company, excepting that such equipment shall be operated by an employee of the Company in instances where the equipment requires more than one operator and upon the request of the dependent contractor, in instances where the dependent contractor Contractor is absent because of vacations, illness, accident or on leave of absence for reasons acceptable to the Company. Notwithstanding the foregoing, in instances where partnerships existed under the Agreement, such arrangements shall not be affected by this Article. On written demand from the Union the Company must produce proof of ownership or equipment lease agreement by said dependent contractor
contractor Section 3 Increases, Decreases In Services In the event the Company increases or reduces the number of operational units within a branch, such increases or reductions shall be made on the basis of one Company unit to one dependent contractor unit. However, the foregoing shall not compel the Company to engage or retain the services of dependent contractors, nor shall the replacement of a dependent contractor with another dependent contractor be a consideration. In the application of (a) of this Section the branch shall be defined as follows: in the line-haul within the jurisdiction of the Local Union in which he is a member (ii) in operations all terminals or operations within a particular city.in
Appears in 1 contract
Sources: Master Freight Agreement
DEPENDENT CONTRACTORS. Section 1 Definition
Definition A dependent contractor (which for the purposes herein, shall include operator) is the owner and/or purchaser and, except as permitted herein the exclusive operator of equipment supplied for Company's services pursuant to this Article and Appendix The title to the equipment shall be in the name of the Company for registration and licensing purposes only, and the Company has no financial interest other than as required the Motor Carrier Act. Section 2 Retaining Services The Company may engage the services of dependent contractors provided the following conditions are complied with: a A Dependent Contractor’s Agreement 's Agreement, as provided in Appendix attached hereto and forming part of this Agreement Agreement, is entered into between the Company and the dependent contractor prior to the dependent contractor performing any services for the Company and and, in respect to those dependent contractors now engaged by the Company not later than fifteen (15) days following the signing of this Agreement. Signed copies of Appendix shall be forwarded to the Union forthwith the forthwith. The dependent contractor shall become and remain a member of the Union in accordance with Article Section 2 and 3 herein. He shall be identified on a checkoff list as a dependent contractor, either as a line driver, local or a combination of both a cartage. A separate seniority list shall be posted at the terminal showing the names and truck numbers of all dependent contractors. A copy of such list shall be forwarded to the Union forthwith in accordance with Article Section 7 , The dependent contractor shall personally and exclusively operate the equipment supplied pursuant to this agreement with the Company, excepting that such equipment shall be operated by an employee dependent contractor of the Company in instances where the equipment requires more than one operator and upon the request of the dependent contractor, contractor in instances where the dependent contractor is absent because of vacations, illness, accident or on leave of absence for reasons acceptable to the Company. Notwithstanding the foregoing, in instances where partnerships existed under the Agreement, such arrangements shall not be affected by this Article. On written demand from the Union the Company must produce proof of ownership or equipment lease agreement by said dependent contractor
. Section 3 Increases, Decreases In Services In the event Company Not Lessor Under no circumstances shall the Company increases or reduces a subsidiary or representative of the number Company, either directly or indirectly, be a lessor, vendor or seller of operational units within equipment to a branch, such increases or reductions shall be made on the basis of one Company unit to one dependent contractor unit. However, the foregoing shall not compel the Company to engage or retain the services of dependent contractorscontractor, nor shall the replacement Company directly or indirectly specify a lessor of equipment to a dependent contractor as a condition of entering into an agreement with another a dependent contractor be a considerationcontractor. In Section Industry Standards The dependent driver and the application Company conform to not less than the minimum standards and practices as established by this Agreement regarding monetary compensation, hours of (a) of this Section the branch shall be defined as follows: in the line-haul within the jurisdiction of the Local Union in which he is a member (ii) in operations all terminals or operations within a particular citywork and general working conditions.
Appears in 1 contract
Sources: Master Freight and Cartage Agreement