Common use of Night Operations Clause in Contracts

Night Operations. (1) The Employer recognizes safety hazards may result from night operations, and agrees to negotiate with the affected Local Union provisions to ▇▇▇▇▇ these unsafe conditions. (2) The Employer acknowledges its obligation to negotiate dispatch and work rules relating to night time deliveries. Existing night delivery programs shall remain in effect subject to the right of the parties to change by mutual agreement. (3) An employee who has a reasonable apprehension of serious injury resulting from delivering to a particular dealer at night must immediately bring this unsafe condition to the attention of the Employer. The Employer shall immediately (within twenty-four (24) hours, excluding Saturday, Sunday or holidays) attempt to alleviate the unsafe conditions. The Employer and Local Union must agree that the unsafe condition was alleviated or does not exist for the dealer to continue on the night delivery list. To qualify for this provision the unsafe conditions causing the employee’s apprehension of injury must be of such nature that a reasonable person under the circumstances then confronting the employee would conclude that there is a bona fide danger of an accident, injury or serious impairment of health resulting from the unsafe condition. (4) The Employer agrees that equipment utilized in the night delivery operations shall be equipped with adequate lighting. (5) General questions arising under this subsection shall be first submitted to the terminal safety committee designated in Article 30, Section 1(b).

Night Operations. (1) The Employer recognizes safety hazards may result from night operations, and agrees to negotiate with the affected Local Union provisions to ▇▇▇▇▇ these unsafe conditions. (2) The Employer acknowledges its obligation to negotiate dispatch and work rules relating to night time deliveries. Existing night delivery programs shall remain in effect subject to the right of the parties to change by mutual agreement. (3) An employee who has a reasonable apprehension of serious injury resulting from delivering to a particular dealer at night must immediately bring this unsafe condition to the attention of the Employer. The Employer shall immediately (within twenty-twenty- four (24) hours, excluding Saturday, Sunday or holidays) attempt to alleviate the unsafe conditions. The Employer and Local Union must agree that the unsafe condition was alleviated or does not exist for the dealer to continue on the night delivery list. To qualify for this provision the unsafe conditions causing the employee’s 's apprehension of injury must be of such nature that a reasonable person under the circumstances then confronting the employee would conclude that there is a bona fide danger of an accident, injury or serious impairment of health resulting from the unsafe condition. (4) The Employer agrees that equipment utilized in the night delivery operations shall be equipped with adequate lighting. (5) General questions arising under this subsection shall be first submitted to the terminal safety committee designated in Article 30, Section 1(b).