Common use of Purchase of Rights Clause in Contracts

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- panies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer shall, if and when additional regular employees are required, within a twelve (12)—calendar month period after purchase or ac- quisition, and providing its employees on layoff have been recalled,

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- panies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer shall, if and when additional regular employees are required, within a twelve (12)—calendar month period after purchase or ac- quisition, and providing its employees on layoff have been recalled,, offer employment to such laid-off employees at the terminal loca- tions or operations to which the work has been transferred. Any such laid-off employees accepting transfer shall be dovetailed in accordance with their terminal seniority for work purposes, includ- ing layoff, and holding company seniority for all fringes. If an em- ployee refuses a bona fide offer of regular work opportunity with any of the purchasing companies, his/her name shall be removed from the list. No employee hired under this provision shall be re- quired to serve a probationary period. After the expiration date of the aforementioned twelve (12)—calendar month period, the pur- chaser shall have no further obligation to the employees of the sell- er. The transferring employee shall be responsible for lodging and moving expenses.

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- panies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer shall, if and when additional regular employees are required, within a twelve (12)—calendar 12) - calendar month period after purchase or ac- quisition, and providing its employees on layoff have been recalled,, offer employment to such laid-off employees at the terminal loca- tions or operations to which the work has been transferred. Any such laid-off employees accepting transfer shall be dovetailed in accordance with their terminal seniority for work purposes, includ- ing layoff, and holding company seniority for all fringes. If an em- ployee refuses a bona fide offer of regular work opportunity with any of the purchasing companies, his/her name shall be removed from the list. No employee hired under this provision shall be re- quired to serve a probationary period. After the expiration date of the aforementioned twelve (12) - calendar month period, the pur- chaser shall have no further obligation to the employees of the sell- er. The transferring employee shall be responsible for lodging and moving expenses.

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- panies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer shall, if and when additional regular employees are required, within a twelve (12)—calendar 12) - calendar month period after purchase or ac- quisition, and providing its employees on layoff have been recalled,, offer employment to such laid-off employees at the terminal loca- tions or operations to which the work has been transferred. Any such laid-off employees accepting transfer shall be dovetailed in accordance with their terminal seniority for work purposes, includ- ing layoff, and holding company seniority for all fringes. If an em- ployee refuses a bona fide offer of regular work opportunity with any of the purchasing companies, his/her name shall be removed from the list. No employee hired under this provision shall be re- quired to serve a probationary period. After the expiration date of the aforementioned twelve (12) - calendar month period, the pur-

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition acquisition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile domicile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing purchasing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- paniescompanies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar calendar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees employees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer Employer shall, if and when additional regular employees are required, within a twelve (12)—calendar 12) calendar month period after purchase or ac- quisitionacquisition, and providing its employees on layoff have been recalled,, offer employment to such laid-off employees at the terminal locations or operations to which the work has been transferred. Any such laid-off employees accepting transfer shall be dovetailed in accordance with their terminal seniority for work purposes, including layoff, and holding company seniority for all fringes. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing companies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration date of the aforementioned twelve (12) calendar month period, the purchaser shall have no further obligation to the employees of the seller. The transferring employee shall be responsible for lodging and moving expenses.

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition acquisition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile domicile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing purchasing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- paniescompanies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar calendar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees employees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer Employer shall, if and when additional regular employees are required, within a twelve (12)—calendar 12) - calendar month period after purchase or ac- quisitionacquisition, and providing its employees on layoff have been recalled,, offer employment to such laid-off employees at the terminal locations or operations to which the work has been transferred. Any such laid-off employees accepting transfer shall be dovetailed in accordance with their terminal seniority for work purposes, including layoff, and holding company seniority for all fringes. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing companies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration date of the aforementioned twelve (12) - calendar month period, the purchaser shall have no further obligation to the employees of the seller. The transferring employee shall be responsible for lodging and moving expenses.

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile domicile of the employees of the seller, the employees of the selling sell- ing company shall be placed on a master seniority list, and the purchas- ing pur- chasing company or companies shall hire, after recall of the purchasing pur- chasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- paniespurchas- ing companies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary pro- bationary period. After the expiration of the aforementioned twelve (12) cal- endar calendar month period, the purchaser shall have no further obligation obli- gation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees employees of the seller, resulting in their layoff, such Employer shall place the laid-laid- off employees on a master seniority list and such Em- ployer Employer shall, if and when additional regular employees are required, within a twelve (12)—calendar month period after purchase or ac- quisition, and providing its employees on layoff have been recalled,twelve

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition acquisition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile domicile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing purchasing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- paniescompanies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar calendar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees employees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer Employer shall, if and when additional regular employees are required, within a twelve (12)—calendar 12) - calendar month period after purchase or ac- quisitionacquisition, and providing its employees on layoff have been recalled,, offer employment to such laid-off employees at the terminal locations or operations to which the work has been transferred. Any such laid-off employees accepting transfer shall be dovetailed in accordance with their terminal seniority for work purposes, including layoff, and holding company seniority for all fringes. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing companies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration date of the aforementioned twelve (12) - calendar month period, the purchaser shall have no further obligation to the employees of the seller. The transferring employee shall be responsible for lodging and moving expenses. Exclusive Cartage Operations

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- panies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer shall, if and when additional regular employees are required, within a twelve (12)—calendar month period after purchase or ac- quisition, and providing its employees on layoff have been recalled,, ​ ​

Purchase of Rights. (e) If a merger, purchase, acquisition, sale, etc., constitutes merely the acquisition of permits or rights, without the purchase or acqui- sition acquisition of equipment or terminals, and/or without the consolidation of terminals or operations, or in the event of the purchase of rights during bankruptcy proceedings, the following shall apply: Where the purchasing company has a terminal operation at the do- micile domicile of the employees of the seller, the employees of the selling company shall be placed on a master seniority list, and the purchas- ing purchasing company or companies shall hire, after recall of the purchasing company’s employees from layoff, such employees as needed for regular employment within the first twelve (12) calendar months after purchase or acquisition of permits and/or rights, and they shall be dovetailed with full seniority. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing com- paniescompanies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration of the aforementioned twelve (12) cal- endar calendar month period, the purchaser shall have no further obligation to the employees of the seller. However, if the purchasing or acquiring company does not have and/or continue a terminal or operation at the domicile of the em- ployees employees of the seller, resulting in their layoff, such Employer shall place the laid-off employees on a master seniority list and such Em- ployer Employer shall, if and when additional regular employees are required, within a twelve twelve- (12)—calendar 12) calendar month period after purchase or ac- quisitionacquisition, and providing its employees on layoff have been recalled,, offer employment to such laid-off employees at the terminal locations or operations to which the work has been transferred. Any such laid-off employees accepting transfer shall be dovetailed in accordance with their terminal seniority for work purposes, including layoff, and holding company seniority for all fringes. If an employee refuses a bona fide offer of regular work opportunity with any of the purchasing companies, his/her name shall be removed from the list. No employee hired under this provision shall be required to serve a probationary period. After the expiration date of the aforementioned twelve- (12) calendar month period, the purchaser shall have no further obligation to the employees of the seller. The transferring employee shall be responsible for lodging and moving expenses.