Common use of Cargo Clause in Contracts

Cargo. Employees shall not be charged with any cargo loss or damage except for loss or damage as may be caused by the employee's negligence, and in such cases, the employee must be given written notice of such intent to charge within fifteen (15) days from the date the Company is in receipt of a written report on the vehicle damages: it is further provided that in such cases, the employee shall have fifteen (15) days from the date of notice to file a written protest against claims for damages. However, if a protest is not filed by the employee within fifteen (15) days from the date of receiving notice, the charge against the employee for the negligence shall be final and not subject to any further arbitration. There shall be an absolute maximum of ten dollars ($10.00) per claim. The employees must give written assignment before any deductions are made from their pay cheque. Adequate lighting facilities shall be supplied and maintained at all loading points. Warnings or other alternate methods agreed to by the Company and Union Committee may be used to deal with damages in compliance with this Section. Where cargo loss or damage is caused by gross negligence or frequent negligence corrective discipline under Appendix "E" may be substituted for the ten dollars ($10.00) penalty. The Company shall review the employee's history under Section 10.1 above, before proceeding with disciplinary action under Appendix "E", Rules and Regulations.

Cargo. Section 10.1 Employees shall not be charged with any cargo loss or damage except for loss or damage as may be caused by the employee's negligence, and in such cases, the employee must be given written notice of such intent to charge within fifteen (15) days from the date the Company is in receipt of a written report on the vehicle damages: it is further provided that in such cases, the employee shall have fifteen (15) days from the date of notice to file a written protest against claims for damages. However, if a protest is not filed by the employee within fifteen (15) days from the date of receiving notice, the charge against the employee for the negligence shall be final and not subject to any further arbitration. There shall be an absolute maximum of ten dollars ($10.00) per claim. The employees must give written assignment before any deductions are made from their pay cheque. Adequate lighting facilities shall be supplied and maintained at all loading points. Warnings or other alternate methods agreed to by the Company and Union Committee may be used to deal with damages in compliance with this Section. Where cargo loss or damage is caused by gross negligence or frequent negligence corrective discipline under Appendix "E" may be substituted for the ten dollars ($10.00) penalty. The Company shall review the employee's history under Section 10.1 above, before proceeding with disciplinary action under Appendix "E", Rules and Regulations.