Common use of CDL Holders Clause in Contracts

CDL Holders. A. The U.S. Department of Transportation, Federal Motor Carrier Safety Regulations, Part 383, states that each person who operates a commercial motor vehicle and has a CDL and is convicted of any type of motor vehicle violation, whether state or local law (other than a parking violation), in any type of motor vehicle, must notify the Company of such conviction. The notification must be made in writing and contain the following information: 1. Driver's full name 2. Driver's license number 3. Date of conviction 4. Indication as to whether the offense was in a commercial motor vehicle 5. The specific offense and any suspension, revocation, or cancellation of driving privileges resulting from the conviction 6. Location of the offense 7. Driver's signature B. Any driver who drives a CMV and has a CDL, who receives a driver's license suspension, revocation, lost privilege, or disqualification must notify the Company before the end of the business day which the co-worker receives notice of such suspension, revocation, lost privilege or disqualification. Should the employee fail to do so, and then continues operation of a CMV the Company will have the right to terminate employment. C. CDL holders who have an alcohol related driving offense and receive a Statutory Summary Suspension (“SSS”) are absolutely prohibited from operating Company-owned commercial motor vehicles at all, for any reason, during the period of SSS. It is absolutely essential that any co-worker receiving an SSS notify the Company immediately. Then, effective immediately the employee will not be permitted under any circumstances to drive a Company-owned CMV. For the first such offense, if a co-worker is able to report to work, the Company may reassign the co- worker to a position performing alternative work (within their normal classification if possible), which will be at the pay rate designated for that type of work. If necessary, it may be at a lower pay rate or in a different location. There may be situations where no such reassignment is possible, and then, alternative assignments outside of the employee's normal classification may be considered. If this occurs, it will be based on legitimate non-discriminatory factors. If the co-worker is unable to secure the legal right to operate a Company-owned CMV during this period, the co-worker’s employment will be continued for a maximum total of twelve (12) months beginning from the first date of disqualification. Pay and benefits will be at the rate prescribed for that contractual position. If the co-worker does not bid into an alternative position that does not require the operation of a CMV, or is unable to secure the legal right to operate a CMV by the expiration of said twelve (12) month period; the co-worker will then be placed on a disciplinary suspension. During this suspension period, the employee will have up to an additional ninety (90) days to get a driver's license, work-related driving permit or be awarded a position that does not require a CDL or the Company has the right to terminate employment. D. Any CDL holder who receives more than one alcohol-related driving offense on their record at any time during their life is prohibited by Illinois law from operating a CMV at any time for life. If any co-worker receives more than one such violation during his lifetime, and loses his CDL driving privileges for the first six (6) months after the violation, the Company will accommodate the co- worker by allowing him/her to perform work (within their normal classification of work if possible) that will not result in violation of applicable law and his/her pay and benefits will continue at the same rate as in effect prior to the violation; provided, however, the co-worker may exercise bidding rights during this time period to bid into any open position for which the coworker is qualified; and one which the co-worker has the legal right to perform (i.e., if the position involves driving a non- commercial vehicle, the co-worker must have the legal right to drive such a vehicle or their personal vehicle on Company business under applicable State and Local law). If the co-worker bids into such a position, the co-worker's pay and benefits will be as set forth in the bid specifications for that position in which the co-worker will remain until and unless the co-worker later bids into some other position for which they are qualified and legally able to perform pursuant to the normal bidding process, or the co-worker’s employment, position, or status otherwise is modified or terminates employment for a reason. E. If the co-worker who receives a second alcohol-related violation during his lifetime does not, during the six (6) months after the second violation, either receive reinstatement of his CDL driving privileges (in which case he would be reinstated to his former position where applicable), or successfully bid into another position, the co-worker will be placed on an unpaid disciplinary suspension for a maximum of six (6) additional months. During this period the co-worker will receive no pay but may exercise bidding rights into any open position for which the co-worker is qualified. It must be one which the co-worker has the legal right to perform and if the co-worker bids into such a position, the co-worker's pay and benefits will be as set forth in the bid specifications for that position. This position is where the co-worker will remain until, and unless, the co-worker later bids into some other position for which they are qualified, and legally able to perform, pursuant to the normal bidding process, or the co-worker's employment, position, or status otherwise is modified or terminates employment for a reason. F. As set forth above, any CDL holder who has driving privileges restricted, suspended, modified, or revised in any manner, that prohibits the co-worker from legally driving a Company-owned CMV (even if not alcohol-related) must immediately notify supervision. The co-worker will then be given sixty (60) days to obtain approval from the State, and the court, to drive a CMV for work purposes. If the co-worker is unable to obtain such a permit, then the co-worker will be subject to the provisions of (D) and (E) above (i.e. the co-worker must either obtain the ability to legally operate a CMV within 12 months after the restriction, or bid into an alternative position within said 12-month period or the Company will have the right to terminate employment.

CDL Holders. A. The U.S. Department of Transportation, Federal Motor Carrier Safety Regulations, Part 383, states that each person who operates a commercial motor vehicle and has a CDL and is convicted of any type of motor vehicle violation, whether state or local law (other than a parking violation), in any type of motor vehicle, must notify the Company of such conviction. The notification must be made in writing and contain the following information: 1. Driver's full name 2. Driver's license number 3. Date of conviction 4. Indication as to whether the offense was in a commercial motor vehicle 5. The specific offense and any suspension, revocation, or cancellation of driving privileges resulting from the conviction 6. Location of the offense 7. Driver's signature B. Any driver who drives a CMV and has a CDL, who receives a driver's license suspension, revocation, lost privilege, or disqualification must notify the Company before the end of the business day which the co-worker receives notice of such suspension, revocation, lost privilege or disqualification. Should the employee fail to do so, and then continues operation of a CMV the Company will have the right to terminate employment. C. CDL holders who have an alcohol related driving offense and receive a Statutory Summary Suspension (“SSS”) are absolutely prohibited from operating Company-owned commercial motor vehicles at all, for any reason, during the period of SSS. It is absolutely essential that any co-worker receiving an SSS notify the Company immediately. Then, effective immediately the employee will not be permitted under any circumstances to drive a Company-owned CMV. For the first such offense, if a co-worker is able to report to work, the Company may reassign the co- co-worker to a position performing alternative work (within their normal classification if possible), which will be at the pay rate designated for that type of work. If necessary, it may be at a lower pay rate or in a different location. There may be situations where no such reassignment is possible, and then, alternative assignments outside of the employee's normal classification may be considered. If this occurs, it will be based on legitimate non-discriminatory factors. If the co-worker is unable to secure the legal right to operate a Company-owned CMV during this period, the co-worker’s employment will be continued for a maximum total of twelve (12) months beginning from the first date of disqualification. Pay and benefits will be at the rate prescribed for that contractual position. If the co-worker does not bid into an alternative position that does not require the operation of a CMV, or is unable to secure the legal right to operate a CMV by the expiration of said twelve (12) month period; the co-worker will then be placed on a disciplinary suspension. During this suspension period, the employee will have up to an additional ninety (90) days to get a driver's license, work-related driving permit or be awarded a position that does not require a CDL or the Company has the right to terminate employment. D. Any CDL holder who receives more than one alcohol-related driving offense on their record at any time during their life is prohibited by Illinois law from operating a CMV at any time for life. If any co-worker receives more than one such violation during his lifetime, and loses his CDL driving privileges for the first six (6) months after the violation, the Company will accommodate the co- co-worker by allowing him/her to perform work (within their normal classification of work if possible) that will not result in violation of applicable law and his/her pay and benefits will continue at the same rate as in effect prior to the violation; provided, however, the co-worker may exercise bidding rights during this time period to bid into any open position for which the coworker is qualified; and one which the co-worker has the legal right to perform (i.e., if the position involves driving a non- non-commercial vehicle, the co-worker must have the legal right to drive such a vehicle or their personal vehicle on Company business under applicable State and Local law). If the co-worker bids into such a position, the co-worker's pay and benefits will be as set forth in the bid specifications for that position in which the co-worker will remain until and unless the co-worker later bids into some other position for which they are qualified and legally able to perform pursuant to the normal bidding process, or the co-worker’s employment, position, or status otherwise is modified or terminates employment for a reason. E. If the co-worker who receives a second alcohol-related violation during his lifetime does not, during the six (6) months after the second violation, either receive reinstatement of his CDL driving privileges (in which case he would be reinstated to his former position where applicable), or successfully bid into another position, the co-worker will be placed on an unpaid disciplinary suspension for a maximum of six (6) additional months. During this period the co-worker will receive no pay but may exercise bidding rights into any open position for which the co-worker is qualified. It must be one which the co-worker has the legal right to perform and if the co-worker bids into such a position, the co-worker's pay and benefits will be as set forth in the bid specifications for that position. This position is where the co-worker will remain until, and unless, the co-worker later bids into some other position for which they are qualified, and legally able to perform, pursuant to the normal bidding process, or the co-worker's employment, position, or status otherwise is modified or terminates employment for a reason. F. As set forth above, any CDL holder who has driving privileges restricted, suspended, modified, or revised in any manner, that prohibits the co-worker from legally driving a Company-owned CMV (even if not alcohol-related) must immediately notify supervision. The co-worker will then be given sixty (60) days to obtain approval from the State, and the court, to drive a CMV for work purposes. If the co-worker is unable to obtain such a permit, then the co-worker will be subject to the provisions of (D) and (E) above (i.e. the co-worker must either obtain the ability to legally operate a CMV within 12 months after the restriction, or bid into an alternative position within said 12-month period or the Company will have the right to terminate employment.