Common use of LEASING AND INDEPENDENT CONTRACTORS Clause in Contracts

LEASING AND INDEPENDENT CONTRACTORS. (a) All regular employees on an Employer’s seniority list shall work before any leased equipment with drivers is utilized. For purposes of determining when leased equipment may be utilized, the number of employees to be afforded protection during the term of this agreement shall be determined based upon the day on which the highest number of regular employees were physically worked, on vacation or on paid sick leave during the period from April 1, 1982, to the date of ratification of this agreement. Such number shall be reduced by the number of employees affected by any change of operations which may have occurred subsequent to the aforementioned date. On any day on which the Employer utilizes leased operation in its pickup and delivery operation, all available regular employees (active and laid off) shall be worked or scheduled to work. This restriction shall not apply to the use of outside cartage companies to handle occasional peaks in business or to interline operations as they may otherwise be permissible under the agreement. (b) For the purpose of protecting the established driver’s rate, minimum rental rates for the leasing of equipment owned by employee shall be determined by negotiations between the parties, in each locality, for the equipment used in that locality, subject to approval by Joint State and Area Committees. Equipment rental rates shall be computed only on an hourly, daily or weekly basis. Tonnage methods of payment may be continued or placed in effect provided it produces the minimum cost of operating the equipment in addition to full driver’s wages and allowances. In the event the Company leases equipment from individual owners, then in that event the Company shall pay the driver directly and separately from the lessor of said equipment. The Employer expressly reserves the right to control the manner, means and details of, and by which, the owner-operator performs his services, as well as the ends to be accomplished. This Article applies only to city employees owning and operating their own equipment.

LEASING AND INDEPENDENT CONTRACTORS. (a) All regular employees on an Employer’s seniority list shall work before any leased equipment with drivers is utilized. For purposes of determining when leased equipment may be utilized, the number of employees to be afforded protection during the term of this agreement shall be determined based upon the day on which the highest number of regular employees were physically worked, on vacation or on paid sick leave during the period from April 1, 1982, to the date of ratification of this agreement. Such number shall be reduced by the number of employees affected by any change of operations which may have occurred subsequent to the aforementioned date. On any day on which the Employer utilizes leased operation in its pickup and delivery operation, all available regular employees (active and laid off) shall be worked or scheduled to work. This restriction shall not apply to the use of outside cartage companies to handle occasional peaks in business busi- ness or to interline operations as they may otherwise be permissible permis- sible under the agreement. (b) For the purpose of protecting the established driver’s rate, minimum rental rates for the leasing of equipment owned by employee shall be determined by negotiations between the partiespar- ties, in each locality, for the equipment used in that locality, subject sub- ject to approval by Joint State and Area Committees. Equipment rental rates shall be computed only on an hourly, daily or weekly week- ly basis. Tonnage methods of payment may be continued or placed in effect provided it produces the minimum cost of operating oper- ating the equipment in addition to full driver’s wages and allowancesallow- ances. In the event the Company leases equipment from individual ownersown- ers, then in that event the Company shall pay the driver directly and separately from the lessor of said equipment. The Employer expressly reserves the right to control the manner, means and details of, and by which, the owner-operator performs his services, as well as the ends to be accomplished. This Article applies only to city employees owning and operating their own equipment.

LEASING AND INDEPENDENT CONTRACTORS. ‌ (a) All regular employees on an Employer’s seniority list shall work before any leased equipment with drivers is utilized. For purposes of determining when leased equipment may be utilized, the number of employees to be afforded protection during the term of this agreement shall be determined based upon the day on which the highest number of regular employees were physically worked, on vacation or on paid sick leave during the period from April 1, 1982, to the date of ratification of this agreement. Such number shall be reduced by the number of employees affected by any change of operations which may have occurred subsequent to the aforementioned aforemen- tioned date. On any day on which the Employer utilizes leased operation oper- ation in its pickup and delivery operation, all available regular employees (active and laid off) shall be worked or scheduled to work. This restriction shall not apply to the use of outside cartage companies to handle occasional peaks in business or to interline operations as they may otherwise be permissible under the agreementagree- ment. (b) For the purpose of protecting the established driver’s rate, minimum min- imum rental rates for the leasing of equipment owned by employee shall be determined by negotiations between the parties, in each locality, for the equipment used in that locality, subject to approval by Joint State and Area Committees. Equipment rental rates shall be computed only on an hourly, daily or weekly basis. Tonnage methods meth- ods of payment may be continued or placed in effect provided it produces the minimum cost of operating the equipment in addition to full driver’s wages and allowances. In the event the Company leases equipment from individual ownersown- ers, then in that event the Company shall pay the driver directly and separately from the lessor of said equipment. The Employer expressly reserves the right to control the manner, means and details of, and by which, the owner-operator performs his services, as well as the ends to be accomplished. This Article applies only to city employees owning and operating their own equipment.equipment.‌‌

LEASING AND INDEPENDENT CONTRACTORS. (a) All regular employees on an Employer’s seniority list shall work before any leased equipment with drivers is utilized. For purposes of determining when leased equipment may be utilized, the number of employees to be afforded protection during the term of this agreement agree- ment shall be determined based upon the day on which the highest number of regular employees were physically worked, on vacation or on paid sick leave during the period from April 1, 1982, to the date of ratification of this agreement. Such number shall be reduced by the number of employees affected by any change of operations which may have occurred subsequent to the aforementioned date. On any day on which the Employer utilizes leased operation in its pickup and delivery operation, all available regular employees (active ac- tive and laid off) shall be worked or scheduled to work. This restriction restric- tion shall not apply to the use of outside cartage companies to handle occasional peaks in business or to interline operations as they may otherwise be permissible under the agreement. (b) For the purpose of protecting the established driver’s rate, minimum min- imum rental rates for the leasing of equipment owned by employee shall be determined by negotiations between the parties, in each locality, for the equipment used in that locality, subject to approval by Joint State and Area Committees. Equipment rental rates shall be computed only on an hourly, daily or weekly basis. Tonnage methods of payment may be continued or placed in effect provided it produces the minimum cost of operating the equipment in addition addi- tion to full driver’s wages and allowances. In the event the Company leases equipment from individual ownersown- ers, then in that event the Company shall pay the driver directly and separately from the lessor of said equipment. The Employer expressly reserves the right to control the manner, means and details of, and by which, the owner-operator performs his services, as well as the ends to be accomplished. This Article applies only to city employees owning and operating their own equipment.

LEASING AND INDEPENDENT CONTRACTORS. (a) All regular employees on an Employer’s seniority list shall work before any leased equipment with drivers is utilized. For purposes of determining when leased equipment may be utilized, the number of employees to be afforded protection during the term of this agreement agree- ment shall be determined based upon the day on which the highest number of regular employees were physically worked, on vacation or on paid sick leave during the period from April 1, 1982, to the date of ratification of this agreement. Such number shall be reduced by the number of employees affected by any change of operations which may have occurred subsequent to the aforementioned date. On any day on which the Employer utilizes leased operation in its pickup and delivery operation, all available regular employees (active ac- tive and laid off) shall be worked or scheduled to work. This restriction restric- tion shall not apply to the use of outside cartage companies to handle occasional peaks in business or to interline operations as they may otherwise be permissible under the agreement. (b) For the purpose of protecting the established driver’s rate, minimum mini- mum rental rates for the leasing of equipment owned by employee shall be determined by negotiations between the parties, in each localitylo- cality, for the equipment used in that locality, subject to approval by Joint State and Area Committees. Equipment rental rates shall be computed only on an hourly, daily or weekly basis. Tonnage methods meth- ods of payment may be continued or placed in effect provided it produces the minimum cost of operating the equipment in addition to full driver’s wages and allowances. In the event the Company leases equipment from individual owners, then in that event the Company shall pay the driver directly and separately from the lessor of said equipment. The Employer expressly reserves the right to control the manner, means and details of, and by which, the owner-operator performs his services, as well as the ends to be accomplished. This Article applies only to city employees owning and operating their own equipment.