Attachment_4_-_WD.pdf

8/13/2019 beta.SAM.gov https://beta.sam.gov/wage-determination/2000-0085/13/document 1/9

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2000-0085

Daniel W. Simms Division of | Revision No.: 13

Director Wage Determinations| Date Of Last Revision: 12/26/2018

Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract

Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Hawaii

Area: Hawaii Statewide

**Fringe Benefits Required Follow the Occupational Listing**

Employed on U.S. Navy contract(s) for stevedoring services to operate and manage the ocean terminal support operations at Fleet and Industrial Supply Center Pearl Harbor.

OCCUPATION CODE - TITLE FOOTNOTE RATE

(not set) - Longshoreman 39.62

ATTACHMENT 4

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Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal

Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1

2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: All 9 unions with the exception of Young Brothers Limited

(Contractor) receive 100 percent employer paid health insurance from a private company; equivalent to $3.81 for each compensated hour. Young Brothers make contributions of 1.75 for each compensated hour to the fund. Each active employee pays a co-pay of ten (10) percent; $1.75 for medical prescription drugvision and dentual insurance premiums.

The Hawaii Medical Service Association' Preferred Provider Plan Kaiser

Permanente Health Plan and the HDS Major Dental Plan is considered the base plan.

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VACATION: An employee who has been in the employ of the Employer for a continuous period of one year (12 months) but less than the two years (24 months) shall be eligible for one (1) week with pay computed on the basis of forty-five (45) hours at the straight time rate; two (2) or more full and continuous years shall be eligible for two (2) weeks with pay computed on the basis of ninety (90) hours at the straight time rate; seven (7) or more full and continuous years shall be eligible for three (3) weeks with pay computed on the basis of one hundred thirty-five (135) hours at the straight time rate; twelve (12) or more full and continuous years shall be eligible for four (4) weeks with pay computed on the basis of one hundred and eighty (180) hours at straight time rate; seventeen (17) or more full and continuous years shall be eligible for five (5) weeks with pay computed on the basis of two hundred twenty-five (225) hours at the straight time; and twenty-two

(22) or more full and continuous years shall be eligible for six (6) weeks with pay computed on the basis of two hundred seventy (270) hours at the straight time rate.

A pro rata vacation of three-fourths (3/4) of the vacation with pay provided for if he has worked between 75-85% of the hours available to him but not less than 1000 converted hours during the twelve (12) months immediately preceding his vacation accrual date.

All time paid for such as stand by travel jury duty military leave and vacation shall be included for vacation credit. Vacation shall not be cumulative from year to year except that an employee who is eligible for an annual vacation of more than one (1) week and who wishes to take an extended vacation in some specific future year may if his request to do so is approved by the Employer accumulate up to six

(6) weeks of vacation. However during each of the years in which the accumulation is being made the employee must take at least one (1) week of his annual vacation.

Accumulation shall be made in consecutive years and the accumulated weeks plus the regular weeks of vacation shall be taken by the second year following maximum accumulation unless otherwise arranged between the employee and the Employee by mutual consent.

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HOLIDAYS: 14 named holidays: New Year's Day Jack Hall Day (January 2)

Lincoln's Birthday President's Day Harry Bridges Memorial Day (March 30) Good

Friday Memorial Day Kamehameha Day Independence Day Labor Day Veterans' Day

Thanksgiving Day Christmas Day and Employee's Birthday. An employee who works at least one (1) day during the week in which a paid holiday falls shall receive nine (9) hours' pay at the straight time rate. An employee who works on a named holiday shall be paid at the overtime rate.

SICK PAY: Every employee covered by this agreement who has been in the continuous employment of the Employer for one or more years shall receive sick leave benefits of 196 hours per calendar year. A newly hired employee at the end of his period of probation shall be credited with eighty (80) hours for sick leave benefits.

Employees who have unused accumulated sick leave benefits under the Employer's prior sick leave plan shall retain such accumulated benefits up to 500 hours.

Current sick leave benefits (196 hours per year) will not be credited until the employees' accumulated sick leave benefits under this paragraph have been reduced to less than 300 hours. Employees may accumulate sick leave benefits up to 300 hours after one (1) year of service.

If an employee has less than 300 hours of accumulated sick leave benefits remaining under the provisions of the preceding paragraph he may accumulate unused current sick leave benefits for the calendar year and calendar years thereafter to a maximum of 130 hours per year and a maximum accumulation of 300 hours.

JURY DUTY: GOVERNMENT BOARDS AND COMMISSIONS: An employee excused from performing work by reason of jury duty or service on boards or commissions which are established by or under statutory authority on any regularly scheduled workday

(including night shift) on which he would have been offered work shall receive pay for such day equal to the difference between (1) the amount of his jury duty or service pay and (2) the amount of straight time pay at the classified or personalized rate he would have received for the number of hours not to exceed eight

(8) he would otherwise have worked on such day. It is understood that if such https://beta.sam.gov/wage-determination/2000-0085/13/document 5/9 service requires attendance only for a portion of the employee's normal scheduled workday the employee shall notify the Employer by telephone and the Employer shall determine whether or not the employee should report to work on that day.

BEREAVEMENT: In the event of death in an employee's immediate family (father mother brother sister spouse child step children father-in-law mother-in-law grandfather grandmother or grandchild) and upon notification by the employee to the

Employer of such death he shall be entitled to three (3) days off with straight time pay for eight (8) hours commencing with the date of the death and terminating on the fiftieth (50th) day following the death.

MILITARY SERVICE: An employee on military leave for annual active duty for training in the National Guard or Reserve which does not extend beyond two (2) weeks shall be entitled to receive such amount if any that the employee's military pay is less than the amount of straight time pay at the classified or personalized rate the employee would have earned had the employee worked during such leave period.

SEVERANCE ALLOWANCE: An employee eligible to receive a severance allowance is one who: (1) has been permanently laid off or who with the consent of the Employer substitutes for another employee scheduled to be permanently laid off; (2) has completed three (3) or more years of continuous service with the Employer; (3) has not been terminated under the disability provisions of the Pension Plan; (4) has not been terminated under the repatriation provision of the Pension Plan; and (5) has elected pursuant to the Provisions of Section IX(e) of the Pension Agreement to be paid a lump-sum severance pursuant to paragraph 15.02. Severance allowances will be paid in the event of a permanent layoff announced by the Employer. Employees who voluntarily quit or are terminated for reasons other than by layoff to effect permanent reduction in the workforce are not eligible for severance allowance.

** UNIFORM ALLOWANCE **

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If employees are required to wear uniforms in the performance of this contract

(either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to https://beta.sam.gov/wage-determination/2000-0085/13/document 7/9 be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification wage rate and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent information including the position of the contractor and the employees to the Wage and Hour Division U.S. Department of Labor for review (See 29 CFR 4.6(b)(2)(ii)).

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4) Within 30 days of receipt the Wage and Hour Division approves modifies or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request the ""Service Contract Act Directory of

Occupations"" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination.

** OCCUPATIONS NOT INCLUDED IN THE SCA DIRECTORY OF OCCUPATIONS **

Longshoreman https://beta.sam.gov/wage-determination/2000-0085/13/document 9/9

Handles and secures all cargo manually or mechanically in its transfer from vessel to last place of rest and from first place of rest to the vessel including sorting and piling (if it is to be sorted or piled) and the direct transfer of cargo from vessel to railroad car or barge or vice versa. Some of the duties include rigging hatch tents and gear opening and closing of hatches and decks lashing and unlashing shoring and unshoring and handling of lines for securing cargo and vice versa"