Common use of Section Union Security Clause in Contracts

Section Union Security. (a) Every motor vehicle and every piece of mobile equipment used by the Company, categories of which are set out in Appendix "A", whether by the Company or leased by the Company, shall be operated by a member of the Union. In the hiring of equipment on any basis, the Company shall first make every effort to obtain equipment operated by a member of the Union from a company signatory to this Agreement. However, if unable to do so and if equipment is to remain in the hire of the Company in excess of forty-eight (48) hours, it shall be replaced by equal equipment operated by a member of the Union if available in immediate or adjacent area from a company signatory to this Agreement. The Company agrees that where leased or hired equipment is used, such equipment shall only be used or hired from companies, individuals or firms whose dependent contractors and company drivers are covered by Collective Agreement with Teamsters Local Union No. If it becomes necessary for the Company to dry lease equipment, said equipment shall be operated by members of Teamsters Local Union No. All storing and handling of merchandise or other goods or materials shall be carried on by Company dependent contractors and company drivers, members of the Union, categories of which are set out in Appendix "A", where such work is under the control of the Company. Wherever physically possible and where such work is under the control or direction of the Company, all equipment shall be loaded and unloaded by the dependent contractors and company drivers of the Company, members of the Union. The practice of loading and unloading equipment by other than dependent contractors and company drivers of the Company where such work is under the control or the direction of the Company shall not be increased and shall wherever possible be discontinued. The Company agrees not to contract out any work normally performed by dependent contractors and company drivers covered by this Agreement if any dependent contractor is on lay-off for lack of work at the time such contracting out is introduced or if the contracting out would cause the lay-off of any dependent contractor.

Section Union Security. (a) Every motor vehicle and every piece of mobile equipment used by the Company, categories of which are set out in Appendix "A", whether by the Company or leased by the Company, shall be operated by a member of the Union. In the hiring of equipment on any basis, the Company shall first make every effort to obtain equipment operated by a member of the Union from a company signatory to this Agreement. However, if unable to do so and if equipment is to remain in the hire of the Company in excess of forty-eight (48) hours, it shall be replaced by equal equipment operated by a member of the Union if available in immediate or adjacent area from a company signatory to this Agreement. The Company agrees that where leased or hired equipment is used, the Company will first try and lease or hire such equipment shall only be used or hired from companies, individuals or firms whose dependent contractors and company drivers employees are covered by Collective Agreement with Teamsters Local Union No. If it becomes necessary for the Company to dry lease equipment, said equipment shall be operated by members of the Teamsters Local Union No. whenever possible. All storing and handling of merchandise or other goods or materials shall be carried on by Company dependent contractors and company driversemployees, members of the Union, categories of which are set out in Appendix "A", where such work is under the control of the Company. Wherever physically possible and where such work is under the control or direction of the Company, all equipment shall be loaded and unloaded by the dependent contractors and company drivers employees of the Company, members of the Union. The practice of loading and unloading equipment by other than dependent contractors and company drivers employees of the Company where such work is under the control or the direction of the Company shall not be increased and shall wherever possible be discontinued. The Company agrees not to contract out any work normally performed by dependent contractors and company drivers employees covered by this Agreement if any dependent contractor employee is on lay-off for lack of work at the time such contracting out is introduced or if the contracting out would cause the lay-off of any dependent contractoremployee.

Section Union Security. (a) Every motor vehicle and every piece of mobile equipment used by In the Company, categories of which are set out in Appendix "A", whether by event the Company on any basis uses equipment or vehicles, other than its own whether hired, leased by the Companyor otherwise, shall be operated by a no member of the Unionunit shall have his normal earnings or security of employment affected, whether it be by lay-off termination, or reduction in hours or otherwise. Also, all suitable equipment and vehicles of the Company must be in use before additional equipment can be leased or hired, and at all times the Company will maintain its vehicles and equipment in a proper state of repair in order to comply with this paragraph. In the hiring or leasing of equipment equipment, on any basis, the Company shall first make every effort to obtain such equipment operated by a member of the Union from a company Company signatory to this Agreement. Howeveran Agreement with the Union, if unable to do so provided such company meets the service and if equipment is to remain in the hire competitive requirements of the Company in excess of forty-eight (48) hours, it shall be replaced by equal equipment operated by a member of the Union if available in immediate or adjacent area from a company signatory to this Agreement. The Company agrees that where leased or hired equipment is used, such equipment shall only be used or hired from companies, individuals or firms whose dependent contractors and company drivers are covered by Collective Agreement with Teamsters Local Union No. If it becomes necessary for the Company to dry lease equipment, said equipment shall be operated by members of Teamsters Local Union NoCompany. All storing and handling of merchandise or other goods or materials shall be carried on by Company dependent contractors and company driversemployees, members of the Union, categories of which are set out in Appendix "A", where such work is under the control of the Company. Wherever physically possible and where such work is under the control or direction of the Company, all equipment shall be loaded and unloaded by the dependent contractors and company drivers employees of the Company, members of the Union. The practice of loading and unloading equipment by other than dependent contractors and company drivers employees of the Company where such work is under the control or the direction of the Company shall not be increased and shall wherever possible be discontinued. The Company agrees not to contract out any work normally performed by dependent contractors and company drivers employees covered by this Agreement if any dependent contractor employee is on lay-off for lack of work at the time such contracting out is introduced or if the contracting out would cause the lay-off of any dependent contractor.employee. The Company shall not contract out bargaining unit work. Provided capable employees are available, all suitable equipment must be in use before additional equipment can be leased or hired. Where physically possible and where such work is under the control and direction of the the stripping and loading of containers shall be done by members of the Union, except where otherwise mutually agreed. ARTICLE

Section Union Security. (a) Every Except in case of emergency and/or at agency points where the volume will not maintain terminal service, every motor vehicle and every piece of mobile equipment used by the Company, categories of which are set out in Appendix "A", whether owned by the Company or leased by the Company, shall be operated by a member of the Union. In the hiring of equipment on any hourly, daily or mileage basis, the Company shall first make every effort to obtain equipment operated by a member of the Union from a company signatory to this Agreement. However, if unable to do so and if equipment is to remain in the hire of the Company in excess of forty-eight (48) hours, it shall be replaced by equal equipment operated by a member of the Union if available in immediate or adjacent area from a company signatory to this Agreement. The Company agrees that where leased or hired equipment is used, such equipment shall only be used or hired from companies, individuals or firms whose dependent contractors and company drivers are covered by Collective Agreement with Teamsters Local Union No. If it becomes necessary for the Company to dry lease equipment, said equipment shall be operated by members of Teamsters Local Union No. All storing and handling of merchandise or other goods or materials shall be carried on by Company dependent contractors and company driversemployees, members of the Union, categories of which are set out in Appendix "A", where such work is under the control of the Company. Wherever physically possible and where such work is under the control or direction of the Company, all equipment shall be loaded and unloaded by the dependent contractors and company drivers employees of the Company, members of the Union. The practice of loading and unloading equipment by other than dependent contractors and company drivers employees of the Company where such work is under the control or the direction of the Company shall not be increased and shall wherever possible be discontinued. The Company agrees that it will not to contract out use any work normally performed by dependent contractors and company drivers covered by this Agreement if any dependent contractor is on lay-off for lack of work at the time such contracting out is introduced leasing rental or if the contracting out other device which would cause result in the lay-off of any employee in the bargaining unit. Provided capable employees are available, all suitable equipment must be in use before additional equipment can be leased or hired. Where it would result in a decrease in the number of employees, piggybacking shall not be used. Where physically possible and where such work is under the control and direction of the Company, the stripping and loading of containers shall be done by members of the Union, except where otherwise mutually agreed. ARTICLE DEPENDENT CONTRACTORS Section Definition A dependent contractorcontractor (which for the purposes herein, shall include is the owner and/or purchaser and, except as permitted herein, the exclusive operator of equipment supplied for the 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 by the Motor; Carrier Act.