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ARTICLE 21- MILITARY SERVICE

Section 1. Seniority for employees who are or become members of the Armed Forces shall be governed by the Federal Universal Military Training and Services Act.

 

 

ARTICLE 22- SOLE AND ENTIRE AGREEMENT

Section 1. This Agreement constitutes the sole and entire existing Agreement between the parties. This Agreement completely and correctly expresses all of the rights, obligations and restrictions retained by or imposed upon the parties to this Agreement.

Section 2. All prior agreements, conditions, practices, customs, usages and obligations are completely superseded and revoked insofar as any such prior agreement, practice, custom, usage or obligation might have given rise to any enforceable right.

Section 3. Any supplements, amendments or modifications to this Agreement which are mutually agreed upon must be reduced to writing and signed by both parties.

ARTICLE 23- WAIVER OF DUTY TO BARGAIN

Section 1. The parties acknowledge that during negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of said rights are Set forth in this Agreement; each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively or submit to arbitration with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of any of the parties at the time they negotiated or signed this Agreement.

ARTICLE 24- GENERAL SAVINGS CLAUSE

Section 1. In the event any provision of this Agreement is held to be invalid by any court or by any govermnent agency of competent jurisdiction because of any existing or future law, such ruling will not affect any other provision of this Agreement. In such event, notwithstanding the provision of Article 23 - Waiver of Duty to Bargain, the parties, at the request of either party, will meet to negotiate a replacement provision for the provision held to be invalid. Notwithstanding such negotiations, the parties further agree the provisions of Article 35 - No Strikes - No Lockouts will remain in full force and effect and are not to be suspended as a result of such negotiations.

ARTICLE 25- GENERAL PROVISIONS

Section 1. Medical Certificates. An employee may be required to furnish a medical certificate when absent for more than three (3) consecutive shifts.

Section 2. The Employer agrees to discuss with the Union drivers’ concerns regarding safety which arise during the term of this Agreement. However, no issue regarding safety shall be subject to the Grievance and Arbitration Procedure.

Section 3. Shortages in the daily book remitted by an employee to his Employer are not condoned.

If there is a shortage in an employee’s daily book remitted to his Employer, such shortage shall be considered an advance payment of wages, which may be recouped by the Employer from the employee’s future pay checks. The fact and amount of any shortage shall be determined by the Employer in accordance with its usual practice and procedure.

In accordance with Article 20 — Discipline, the Employer may discipline any employee for failure to turn into the Employer at the end of his shift any portion of his book.

Section 4. Employees will be paid on a regular bi-weekly basis. All deductions from gross earnings of an employee will be itemized on the check stub