23R4017 Attachment IX (B) - CBA 2022-0235 REV 1.pdf

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.: 2022 0235

Daniel W. Simms Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 10/25/2022

Note: Contracts subject to the Service Contract Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

|If the contract is entered into on or |With certain exceptions, Executive Order

|after January 30, 2022, or the |14026 applies to the contract.

|contract is renewed or extended (e.g., |The contractor must pay all covered workers | |an option is exercised) on or after |at least $15.00 per hour (or the applicable | |January 30, 2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent

| |performing on the contract in 2022.

|If the contract was awarded on or |With certain exceptions, Executive Order

|between January 1, 2015 and January 29,|13658 applies to the contract.

|2022, and the contract is not renewed |The contractor must pay all covered workers | |or extended on or after January 30, |at least $11.25 per hour (or the applicable | |2022: |wage rate listed on this wage determination,| | |if it is higher) for all hours spent

| |performing on the contract in 2022.

The applicable Executive Order minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the Executive Orders is available at https://www.dol.gov/agencies/whd/government contracts.

State: Virginia Area: Virginia Statewide Employed on the Department of the Navy contract for global transportation petroleum services.

Collective Bargaining Agreement between Chesapeake Crewing, LLC and Seafarers International Union of North America Atlantic, Gulf, Lakes and Inland Waters, AFL

CIO effective November 28, 2018 through October 14, 2023.

Collective Bargaining Agreement between Chesapeake Crewing, LLC and International Organization of Masters, Mates & Pilots, ILA/AFL CIO effective October 15, 2018 through October 14, 2023.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

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.

MEMORANDUM OF UNDERSTANDING

between the

International Organization of Masters, Mates & Pilots, ILA/AFL-CIO and

Chesapeake Crewing, LLC covering the employment of

Licensed Personnel on

Medium Range Tankers

MEMORANDUM OF UNDERSTANDING - SUPERVISORY LICENSED PERSONNEL

MM&P/CHESAPEAKE CREWING, LLC

MEDIUM RANGE TANKER SEPTEMBER 2018

TABLE OF CONTENTS

ARTICLE 1 EMPLOYMENT, REFERRAL & UNION SECURITY 3

1.3 SELECTIVITY 3

1.4 EMPLOYMENT 4

1.5 NON-DISCRIMINATION 5

1.6 DUES CHECK-OFF 5

ARTICLE 2 GENERAL RULES 5

2.1 PASSES 5

2.2 GRIEVANCE PROCEDURE 5

2.4 NO STRIKE/NO LOCKOUT 6

2.5 PICKET LINES 6

2.6 TERMINATION OF EMPLOYMENT 6

2.7 MEDICAL ATTENTION 7

2.8 MAINTENANCE AND CURE & UNEARNED WAGES 7

2.9 LOSS OF PERSONAL EFFECTS 7

2.10 SAFE WORKING CONDITIONS 7

2.11 LIVING CONDITIONS 7

2.12 ROOM AND MEAL ALLOWANCE 8

2.13 EMPLOYMENT STANDARDS 8

2.14 PAYROLL. 9

2.15 WAGE INCREASES 9

2.16 TRANSPORTATION PROVISION 9

2.17 PROMOTION, REASSIGNMENT AND TRANSFER 10

2.18 WAR ZONES, AREAS OF HOSTILITIES AND INSURANCE COVERAGE 10

2.19 BEREAVEMENT LEAVE 10

ARTICLE 3 WORK RULES 11

3.1 MANNING & WAGES 11

3.2 SEA WATCHES 13

3.3 SAILING BOARD REQUIREMENTS 13

3.4 OTHER WORK REQUIREMENTS 13

3.6 EMERGENCIES, DUTIES AND DRILLS 15

ARTICLE 4 PLANS 15

ARTICLE 5 DURATION OF AGREEMENT & OTHER PROVISIONS 15

5.2 GENDER AND NUMERIC DESIGNATION 15

5.4 DURATION 15

APPENDIX A WAGES AND BENEFITS 17

This MEMORANDUM OF UNDERSTANDING (hereafter “MOU”) is made as of May 7, 2018 between Chesapeake Crewing LLC (hereafter “Company”) and the International Organization of Masters, Mates, & Pilots, ILA/AFL-CIO (hereafter “Union” or “MM&P”) regarding the terms and conditions of employment of supervisory Licensed Officers for the operation and maintenance of medium range tankers under Military Sealift Command Worldwide Tankers Long-Term Time Charter RFP N32205-18-R-3508.

WHEREAS, the Company and the Union have entered into a Collective Bargaining Agreement made as of January 20, 2016 (hereafter the “Master Agreement”); and

WHEREAS, the Company has entered into a Labor Management Agreement with Schuyler Lines Navigation Company, LLC (hereafter “Operator”) under which the Company provides licensed maritime personnel to crew and operate the medium range tanker(s) (hereafter “Vessel”); and

WHEREAS, any such licensed personnel provided pursuant to the Company’s Labor Management Agreement with SLNC are within the scope of the Master Agreement; and

WHEREAS, the Company and the Union have discussed amending the Master Agreement to more closely define the terms and conditions of specific service aboard the Vessel;

NOW THEREFORE, the parties agree that all wages, benefits, contributions and other terms and conditions of employment contained in the Master Agreement as amended and supplemented, in effect at the commencement of this Memorandum of Understanding, and all amendments and supplements thereto negotiated during the term of this MOU, shall apply to the above referenced Vessel, except as amended or modified herein.

ARTICLE 1 EMPLOYMENT, REFERRAL & UNION SECURITY

1.3 SELECTIVITY

h. Except as otherwise agreed by the Union due to exigent circumstances, all Personnel must comply with the Union’s Offshore Shipping Rules and clear through the offices of Union prior to their assignments

i. A normal tour of duty for shall be no less than ninety (90) days for permanently assigned licensed officers, and no less than one hundred twenty (120) days for rotary licensed officers, and may be adjusted to accommodate the Vessel’s operational schedule.

j. The Master and all other ship’s officers, both deck and engine, shall at all times be deemed to be the servants and agents of Operator, with respect to lawful directives and other instructions regarding the operation and maintenance of the Vessel. Furthermore, Operator shall retain the right to control and direct such Personnel not only as to the result to be accomplished by the work but also as to the details and means by which that work is accomplished; and shall retain the right to request the discharge of Licensed Personnel subject to the terms and conditions of this MOU.

k. The Company has the right of selection consistent with the Master Agreement. The Company may designate as Permanent Personnel the following ratings, provided that such individuals are eligible for a permanent position under the Master Agreement:

• Master – two (2) named individuals per billet

• Chief Officer – two (2) named individuals per billet

• Second Officer – two (2) named individuals per billet

• Third Officer – one (1) named individual per billet

• Chief Engineer – two (2) named individuals per billet

• All Assistant Engineers – two (2) named individuals per billet

• All Junior Third Officers (when carried) are assigned to the Vessel using the rotary job dispatch in accordance with the Shipping Rules of the Union through the nearest hiring hall to the Vessel’s geographic location in the continental US.

• The Company may request on an as needed basis, at its sole discretion, and the Union agrees to provide, a licensed officer as a Junior Third Officer when so requested.

l. The Shipping Rules of the Union, as of the effective date of this Agreement and as amended from time to time, which are not inconsistent with the terms of this Agreement or the Master Agreement between the parties, shall be deemed to be part of and incorporated in this Agreement. It is understood that this provision is not intended to be used to change any of the employment practices and working conditions aboard the Vessel established under and pursuant to this Agreement.

m. In the event the Company seeks a replacement through the “Home Port,” instead of following Section 1.3(h) of the Master Agreement, the Company will pay all necessary transportation expenses, wages and subsistence of the Licensed Officer provided by the offices of the Union under the Transportation Provision of the Master Agreement, Section 2.16.

n. It is understood that the term “Home Port” as used in this Section shall be defined as being the offices of the Union located in the New York City area, or such other Union location as the parties mutually agree.

1.4 EMPLOYMENT

b. Nothing in this Agreement shall prevent the Company from discharging a person for just cause.

Any person so discharged shall be given a written statement advising of the discharge and an explanation of the reasons for the discharge no later than twenty-four (24) hours before pay-off or termination of the voyage, whichever is later.

c. The Union has the right to dispute any discharge by the Company, however any such dispute shall be handled in accordance with the grievance procedure outlined herein and in no event shall any dispute between the parties be cause for the Union to delay furnishing licensed Personnel to the Company.

d. Any person referred by the Union for employment may be subject to medical examination at the discretion of the Company. Any such medical examination shall be arranged and provided at Company expense. Unless otherwise prohibited by law, any employee or candidate for employment need not be considered for employment or further employment if that person is found to have:

i. a disability or disease which may endanger other Personnel aboard ship or which may otherwise interfere with the performance of required duties, or

ii. a medically-substantiated indication of uncontrolled alcoholism or drug abuse.

e. Employment, including wages and fringe benefits, as applicable, for any Personnel referred by the Union shall be deemed to commence on the day such Personnel were ordered by the Company to report aboard the Vessel, with all appropriate gear, ready for work, provided that such Personnel have reported as directed.

f. In the case of Personnel requiring transportation to the job site, wages shall commence the day travel is ordered by the Company and actually commenced; and fringe benefit contributions shall commence as provided for in subsection e, above.

1.5 NON-DISCRIMINATION

The parties hereto, wishing to affirm the Civil Rights laws of the United states, agree that there shall occur no discrimination against any Personnel, candidate for employment or applicant for Union membership because of race, creed, color, sex, sexual orientation, affectional preference, religion, age, nationality or origin, or status as a disabled or Vietnam-era veteran and further that the parties hereto shall work together to promote increased veteran participation in the maritime industry.

1.6 DUES CHECK-OFF

The Company will check-off, where applicable, the regular monthly dues and/or initiation fees of such member or applicant in accordance with Master Agreement.

ARTICLE 2 GENERAL RULES

2.1 PASSES

The Company agrees to issue passes to Union Representatives for the purposes of contacting the Union’s members aboard Vessels. Union Representatives may exercise this right of access provided such action does not interfere with the operating schedule of the Vessel. The Union agrees to indemnify and hold the Company, Vessel Owner, Charterer and/or Operator and any other person or entity with whom the Company maintains a contractual relationship, harmless from any claim of loss, damage, or liability filed or caused to be filed as the result of the presence or activities of any Union Representative exercising a right to access provided herein.

2.2 GRIEVANCE PROCEDURE

a. In the event a dispute over the interpretation, application, enforcement or violation of this Agreement arises, whether said dispute is initiated by a Company Representative, Union Representative or Union Member, said dispute shall be termed a grievance and shall be handled strictly in accordance with the Grievance Procedure provided for herein. Any deviation from the Grievance Procedure as set forth shall be considered an attempt to circumvent this Agreement, in which event the grievance shall be deemed to no longer exist.

b. Except when prevented by circumstances beyond his control, a grievance must be submitted by the grievant to the Union in writing within five (5) days of payoff or, if discovered later, within five (5) days of discovery of the event or occurrence causing the grievance to arise. The Union may then proceed in accordance with this Section 2.2(d), below.

c. A grievance may also be initiated by a Union member aboard ship, in which case it must first be submitted to the Captain of the ship, outlining the specifics of the grievance. If the Captain is unable or unwilling to immediately resolve the grievance, the grievant must re-submit the grievance, one (1) copy each, to a Representative of the Union and a Representative of the Company within the timelines provided in Section 2.2(b), above.

d. Grievances initiated by the Union or the Company, shall be submitted by either party to a representative of the other party authorized to handle such grievances. If the Union and the Company are unable to agree on settlement of a grievance within thirty (30) days of receipt thereof, either party may request that the grievance be submitted to Arbitration as described in the Master Agreement.

e. All time limits shall be construed strictly and cannot be waived except by written agreement of the parties.

2.4 NO STRIKE/NO LOCKOUT

a. There shall be no strikes, lockouts, slowdowns or such concerted refusals to work during the term of this Agreement. This prohibition includes all disputes between the parties over conditions of employment, work rules and any and all other disputes, differences and controversies which may arise between the parties, whether or not expressly addressed herein.

b. The Union guarantees to support the Company in fully maintaining operations in every way.

Participation of any Personnel, or threat to participate, in any act violating this section shall be deemed sufficient cause for immediate dismissal.

c. To this end, the Union agrees to take affirmative action to prevent any interruption in the operational capabilities of the Company, in whatever form the Union deems appropriate to maintain uninterrupted operations.

2.5 PICKET LINES

a. It is understood that, in the event a valid, bona fide picket line is established against any of the Company’s Vessels in a U.S. port, the Personnel of such Vessel will report and perform all of their normal duties incidental to the security of the Vessel and cargo, provided that no Personnel shall be required to work under conditions which may endanger his/her health or safety, or be required to cross a picket line. For the avoidance of doubt, the Company or the Operator may order the Vessel to sail if a port facility is subject to a valid picket line, and the Personnel shall take such steps as are necessary to permit the Vessel to depart. Notwithstanding anything to the contrary, the provisions of this Section 2.5(a) shall not apply at any time when the Company Vessel is employed on a US government time charter, voyage charter, demise charter or other agreement with the US government for the carriage of spot market or scheduled cargo.

b. The Union will notify the Company and the Operator promptly upon having actual knowledge of the establishment or threatened establishment of a valid picket line. The Union undertakes to use its best efforts to obtain clearance for such purposes from the organization establishing the picket line, and, in the event an actual picket line is established, no Personnel shall leave the Vessel or knowingly cross the picket line from behind unless such clearance has been obtained.

c. The refusal of Personnel to perform work in accordance with this Section 2.5 shall not be cause for discharge or discipline, and shall not be deemed a violation of the no-strike provision of this Agreement, provided however, that after the establishment of an actual picket line departure from the Vessel or knowingly crossing a picket line from behind in violation of section 2.5(b) above will be considered a breach of the no-strike provision of this Agreement.

d. Personnel restricted to the Vessel as a result of compliance with Section 2.5(b) and (c) above shall be compensated by the payment of a restriction to ship payment of $7.50 per hour on an hour for hour basis during off-duty hours.

2.6 TERMINATION OF EMPLOYMENT

a. In accordance with Section 1.4(b) above, Personnel terminated for cause shall be issued a written letter of termination setting for the reason(s) for such termination. The date of such statement shall be considered the effective date of termination if the Vessel is in a U.S. port.

b. Personnel who are terminated for cause prior to completion of the term of dispatch, other than for Vessel lay up or other cause beyond the immediate control of the person terminated, shall bear the costs of repatriation, if any, and the Company is hereby authorized to deduct any transportation costs necessary to repatriate such Personnel.

d. All Personnel terminating employment either voluntarily or for completion of assignment shall remain aboard until properly relieved, unless specifically authorized to do so before the arrival of such relief. Personnel in violation of this subsection need not be considered for re-employment by the Company.

2.7 MEDICAL ATTENTION

a. Full medical attention as provided for by law shall be given to all Personnel. To the extent that the Union Health and Benefit Plan covers such medical attention, it shall be paid for by said Plan in accordance with existing Rules and Regulations adopted by the Trustees.

b. The Company shall provide a shipboard medicine chest, the medicines and supplies of which shall be furnished to all Personnel in need of same, without charge.

2.8 MAINTENANCE AND CURE & UNEARNED WAGES

Maintenance and Cure & Unearned Wages shall be paid in accordance with the Master Agreement.

2.9 LOSS OF PERSONAL EFFECTS

Crew Personnel shall be recompensed in accordance with the Master Agreement.

2.10 SAFE WORKING CONDITIONS

a. The Company shall furnish all such safety gear and equipment as may be required to safely perform the tasks required of Personnel aboard the Vessel.

b. All Personnel, when performing hazardous tasks, shall be required to utilize the safety equipment placed aboard for such purposes.

c. Shipboard Personnel are to participate in periodic safety meetings for the purpose of identifying potentially unsafe conditions and whenever possible correcting same, in a concerted effort to maintain safe working conditions aboard. Minutes of such meetings are to be provided to the Company at the earliest opportunity.

d. No Personnel will suffer disciplinary action for identifying legitimate safety concerns and making those concerns known to the Company, Operator, or the Union.

2.11 LIVING CONDITIONS

a. The Company shall provide sufficient bedding, linens and such that each person aboard shall have a clean, fresh set each week.

b. All quarters shall be air-conditioned, provided the Vessel is so equipped, or shall be equipped with fans to maintain a suitable comfort level aboard. Every reasonable effort shall be made by the Company to ensure that heating and air-conditioning systems are maintained and functional. In the event that said systems require repair, the Company will be diligent in conducting repairs and supplying portable fans and/or heaters to the fullest extent practical. Absent such documented efforts, a payment of twenty-five dollars ($25.00) per day shall be paid subsequent to the first seventy-two (72) hours in such conditions until such time as the condition is remedied.

c. The Company shall provide three meals per day (plus a midnight lunch if work continue beyond 2300 hours), tastefully prepared and in sufficient quantity to satisfy all aboard.

d. The Company shall provide bath and laundry soap and sanitary and laundry facilities, with both hot and cold water, to enable Personnel to maintain a high standard of personal hygiene while on board.

e. For Vessels whose Personnel are not allowed ashore each night, the Company shall maintain on board an adequate supply of toiletry and sundry items for purchase by Personnel on board, or cause same to be delivered to the Vessel upon reasonable request.

2.12 ROOM AND MEAL ALLOWANCE

a. When meals are not furnished aboard, Personnel shall receive a meal allowance of five dollars ($5.00) for breakfast, ten dollars ($10.00) for lunch and fifteen dollars ($15.00) for dinner.

b. When required to sleep ashore, Personnel shall receive a lodging allowance of forty dollars ($40.00) per night for room. Reasonable expenses above this amount shall be reimbursed, provided Personnel submit receipt for such expense and further provided that lodging was unavailable for the allotted amount.

2.13 EMPLOYMENT STANDARDS

a. Due to the nature of the service, any conviction for any Felony or violent offense may be considered as grounds for refusal of employment or continued employment; additionally, if required by the Operator, the Company may require that Personnel submit to a security back ground investigation and/or be in possession of a valid security clearance issued by the US Government. The Company may arrange to obtain the necessary clearances, provided there is sufficient time to do so and further provided that the candidate can meet the qualifications for obtaining the security clearance.

b. It is agreed that all Personnel supplied by the Union and furnished to the Vessel by the Company shall be held to the highest levels of behavior, appearance and professionalism consistent with the expectations of the Operators. Activities specifically prohibited under this section of the Agreement include the US Coast Guard regulations for operating a Vessel while under the influence of alcohol or a dangerous drug (33 CFR 95):

i. the possession or use of alcoholic beverages while aboard ship, or ashore prior to returning to the Vessel, such that consumption of alcoholic beverages while ashore will result in the Personnel returning to the Vessel while under the influence of alcohol;

ii. the possession or use of pain killers or other mentally or physically debilitating drugs, whether by lawful prescription or not, while in the service of the Vessel, unless the use of such medications has been authorized by the Company and is within USCG regulations;

iii. the possession or use of any illegal substance in any quantity, whether on board or ashore.

c. The Union and the Company recognize the possibility that new medical requirements may emerge throughout the duration of this Agreement and that Personnel may be subject to medical requirements by Vessel contractual requirements, which may include, but not be limited to the following:

i. Personnel already in the service of the Vessel must, as a condition of continued employment, receive any additional immunizations when required.

ii. Personnel, if found to be medically unable to receive an immunization, will be terminated and repatriated, at the expense of the Company.

iii. Personnel who refuse to receive a required immunization/vaccine and can show no medical reason for such refusal, will be terminated. Any transportation costs connected with such refusal shall be the responsibility of such Personnel.

iv. Any required immunization shall be provided at no cost to the crewmember.

d. In accordance with Federal requirements for maintaining a drug-free workplace, it shall be a condition of employment or continued employment that all Personnel possess a valid MM&P Drug-Free Certificate upon joining or rejoining the Vessel. The Company may accept at its discretion, in the case of newly hired Personnel, presentation of a Custody Control Form issued by an MM&P Plans-contracted clinic dated within three (3) weeks of reporting aboard to be considered evidence of compliance with this section.

2.14 PAYROLL

The Company will calculate payroll at least semi-monthly, or upon discharge. Personnel who have not executed a Direct Deposit Authorization form, shall unless otherwise specifically requested in accordance with Federal law, be paid by check sent to such Personnel’s home address of record.

2.15 WAGE INCREASES

Effective on first and second anniversary date of award for the life of this MOU and any extensions thereof, there shall be an increase of 1.5% on all rates of pay and wage-related items. On the third and fourth anniversary date of award for the life of this MOU and any extensions thereof, there shall be an increase of 2.0% on all rates of pay and wage-related items.

2.16 TRANSPORTATION PROVISION

a. The Company shall arrange and provide economy class or equivalent class transportation for all Personnel, between port of dispatch to ship and vice versa, and, from one Company ship to another Company ship.

b. Unless otherwise provided herein, customary standard Economy class air transportation or equivalent shall be provided on the most direct route reasonably available without cost to Personnel joining the Vessel or leaving the Vessel due to completion of assignment, withdrawal of the Vessel from service, medical separation supported by a doctor’s advice or termination of the applicable Labor Management Agreement.

c. For Permanent Licensed Officers, travel arrangements for air travel shall be from the “home airport” of the Personnel, to the Vessel and from the Vessel back to the “home airport” of the Personnel.

“Home airport” is defined as the nearest international airport to the Union Hall from which the officer was cleared for dispatch. If not provided by the Company, ground transportation between the airport and the Vessel shall be reimbursed to the Personnel upon presentation of a valid receipt. When available, Permanent Licensed Officers shall be provided Economy Plus, or similar enhanced comfort main cabin seating. Such seating is not intended to include Premium Economy (that is, an intermediate cabin above the main cabin), Business or First Class seating.

d. For Rotary and Relief crewmembers, travel will be provided by the Company from the port of dispatch to the Vessel.

e. When Personnel are traveling to or from a Vessel, the Company will pay a fixed travel incidentals allowance of seventy-five dollars ($75.00) per day of travel (24-hour period) in lieu of the meal allowance provided in Section 2.12(a) and to cover the reasonable incidental expenses of travel, such as checked baggage fees.

f. Personnel who have been discharged for misconduct or other just cause shall bear all costs of repatriation, if any, and the Company is hereby authorized to deduct from the Person’s payoff amount, any transportation costs necessary to repatriate such Crew Personnel. Personnel so discharged shall not be entitled to a “Travel Day Wage” (as defined in Section 2.16(g)) or any other allowances.

g. A “Travel Day Wage” equal to the Daily TTH Wage, shall be paid for each day (24-hour period as calculated from the point of departure) or part thereof while in transit to:

i. Licensed Officers required to join a Vessel (fringe benefit contributions are not required), starting the day the crewmember flies out or is scheduled to fly out directly to the Vessel and terminating at the end of the day immediately prior to the day the crewmember is ordered to “turn-to” aboard the Vessel.

ii. Licensed Officers departing the Vessel (fringe benefit contributions are not required) from the day after last day on board the Vessel until the date of arrival at their US airport port of dispatch or in the case of Permanent Licensed Officers the home airport (as defined in Section 2.16(c)).

iii. There will be no duplication of shipboard wages and travel day wage payments.

h. For travel from one Company ship to another Company ship covered herein mid-dispatch, crewmembers’ wages shall continue at the rate the crewmembers are employed and all benefit contributions shall be made by the Company.

i. Travel arrangements and/or reimbursement for Personnel who voluntarily separate prior to completion of assignment shall be at the sole discretion of the Company.

2.17 PROMOTION, REASSIGNMENT AND TRANSFER

The Company has the right to promote, reassign or transfer Personnel who are employed under the terms of this Agreement to other Vessels that are managed by the Company and covered by this Agreement, provided the Personnel consents to the transfer and the Union has prior knowledge thereof.

2.18 WAR ZONES, AREAS OF HOSTILITIES AND INSURANCE COVERAGE

Should the Vessel enter into war zones and/or areas of hostilities, no additional compensation will be paid, provided that, if the US Government provides a bonus or other special compensation, the Company and Union agree to meet to discuss these terms and conditions.

2.19 BEREAVEMENT LEAVE

a. In case of the death of a member of any Personnel’s immediate family and upon request of such Personnel, at the soonest practical time, the Company will grant an unpaid leave of absence for the purpose of attending a funeral, religious service, or to any details for which such Personnel may have responsibility. Immediate family includes: mother, father, sister, brother, spouse, child, foster child, stepchild, stepmother, stepfather, mother-in-law, father-in-law, and grandparents.

b. The Company may, at its sole discretion, provide transportation in accordance with Article 2, Section 6.a. for leave granted under this Section. Upon request of such Personnel, transportation to a place other than the Personnel’s “home airport” may be provided.

c. The Company may require such Personnel to present a copy of the death certificate and/or other evidence that a death that qualifies for leave under this section has occurred.

ARTICLE 3 WORK RULES

3.1 MANNING & WAGES

Dispatch for all crew personnel covered by this MOU shall be as specified in the job assignment notification to the Union.

The manning scales of the Vessel shall be as agreed upon between Operator and the Company in accordance with USCG requirements and this MOU. The Licensed Personnel crew consist shall be in accordance with the following or Safe Manning Certificate:

(1) Master (1) Chief Engineer

(1) Chief Mate (1) First Assistant Engineer

(1) Second Mate (1) Second Assistant Engineer

(1) Third Mate (1) Third Assistant Engineer

The agreed upon rates of pay for all Personnel shall be as set forth on “Schedule A,” attached hereto.

c. A day shall be reckoned from midnight to midnight.

d. The actual number of hours worked in a given day shall be governed by STCW limitations, whether at sea or in port. There shall be no requirement by the Company, Master, or Chief Engineer to work officers for more hours in any one (1) day than is necessary to perform the task at hand. For each day of shipboard employment, the Company shall make benefit contributions and pay the “Daily Base Wage” per rating as set forth on Schedule A.

e. Overtime: The intent of the overtime inclusion concept is to cover the following, unless specifically excluded elsewhere in the Agreement: Weekends, docking, undocking, shifting, cargo operations, supervision of tank cleaning, supper reliefs of one-half (1/2) hour, maneuvering, repair of malfunctioning or inoperative deck machinery, repair of cargo systems for safe loading/unloading of cargo, medical duties, slop chest duties, chart corrections, voyage planning, and inspections. For all hours of work performed in excess of 360 hours (12 hours per day x 30 days) in any 30 day period, Officers (except Masters and Chief Engineers) shall be additionally paid at their Overtime rate.

Overtime Rule: When overtime work is performed, such work shall be paid at one half (½) hour increments except of the first hour, which shall be a full hour. There shall be no pyramiding of overtime.

f. This section of the CBA is not applicable to this MOU.

g. Compensation for Holidays shall consist of the payment of an amount equal to one (1) additional Daily TTH Wage payment for all Personnel aboard. The following days will be designated as Holidays for all Personnel and shall be observed on the day recognized by the U.S. Government:

New Year’s Day Independence Day Thanksgiving Day

Martin Luther King Day Labor Day Christmas Day

Presidents’ Day Veteran’s Day

Memorial Day Columbus Day

h. Premium Rate: The Premium Rate is payable when an Officer performs “dirty work” and/or “unlicensed work” and as otherwise provided for in the Agreement. “Dirty work” and/or “unlicensed work” shall include, but not be limited to loading stores, transferring garbage to shore facility, chipping and painting, tank cleaning, sewage work, greasing and slushing wires.

k. On days of crew “change-over”, the “Daily TTH Wage” and full benefit contributions shall be paid to all Personnel on the day they depart the Vessel. In the event joining Personnel join the Vessel on the same day that the person being relieved departs the Vessel, all Personnel shall be paid their “Daily TTH Wage”. Should said personnel perform work in excess of 8 hours on days of crew “change-over” such work shall be paid at one-half (1/2) hour increments at the “Hourly Overtime” rate as set forth in the Schedule A. There will be no “over-lap” of Fringe Benefits for joining Personnel.

l. In the event any Personnel is required to attend Company required training, such Personnel shall be paid for an eight (8) hour day. An 8-hour day is defined as the Daily TTH Wage as set forth on “Schedule A.” When used in connection with this section, the 8-Hour Day shall not be considered a Fringe Benefit day.

m. Work Hours

i. Licensed Deck Officers (LDO) – Watch standers employed aboard the Vessel shall have regularly scheduled duty watches at sea and in port, absent emergency situations, shorthanded operations, or short term STCW compliance requirements, Sea watches shall be as follows:

1/O: 0400-0800, 1600-2000 2/O: 0000-0400, 1200-1600 3/O: 0800-1200, 2000-2400

When Junior Third Officers (Jr3/O) are carried aboard, The First Officer (1/O) shall be on a day work schedule of 0800-1200, 1300-1700, and Sea watches shall be as follows:

2/O: 0400-0800, 1600-2000 3/O: 0000-0400, 1200-1600 Jr3/O: 0800-1200, 2000-2400

Regular hours in port shall be as follows when Sea Watches have been broken:

1/O: 0800-1600 2/O: 0000-0800 3/O: 1600-2400

When Junior Third Officers (Jr3/O) are carried aboard, The First Officer (1/O) shall be on a day work schedule of 0800-1200, 1300-1700, and in port watches shall be assigned by the Master to ensure that all officers stand an 8-hour watch. Watches are as follows:

0800-1600 0000-0800 1600-2400

ii. Licensed Engineering Officers (LEO) - If manned engine room watches are required, the watches shall be the same as the LDOs of equivalent ratings and no Duty Engineer will be required.

The normal working hours for LEOs if the vessel has been approved for an unattended engine room are between 0800-1200 and 1300-1700 thereby requiring a Duty Engineer.

The Duty Engineer shall be responsible for monitoring and responding to alarms from 1700-0800, as well as one (1) routine round of the engine room, which shall be conducted each night whether at sea, or, in port. The routine round shall consist of duties as outlined by the Company and Chief Engineer.

At sea or in port, when the Duty Engineer is required to perform the above described routine in addition to his/her regular eight (8) hour work day, the Duty Engineer will be compensated in accordance with “Schedule A” per shift with one (1) overtime hour payable per engine room round. This shall be done in an equitable rotation between the assistant engineers.

At sea or in port, if a Duty Engineer is required to actually perform repairs, he/she shall be compensated at their overtime rate of pay for all such hours, provided that no additional compensation shall be paid to the Duty Engineer who merely answers an alarm or makes adjustments.

n. Both watch officers shall be afforded equal time to eat during the “Supper Relief” period, said period should not exceed 30 minutes; this shall be done in an equitable rotation between the Second and Third LOs. When a Jr Third Officer is carried, the two Third Officers will alternate relieving for supper.

Supper Relief is payable to the relieving officer in accordance with rates as set forth in the “Schedule A”.

o. No Division of Wages: When a vessel has less than the LO complement required under the terms of this MOU, there shall be no division of wages between the remaining LOs.

3.2 SEA WATCHES

On days of departure from foreign ports, sea watches shall be set at 0000 (midnight) on day of sailing. In foreign ports, sea watches shall be broken one (1) hour after the vessel is securely anchored, moored or made fast to the dock where the vessel is to remain in excess of twenty-four (24) hours.

3.3 SAILING BOARD REQUIREMENTS

a. Licensed Officers will be informed by means of a sailing board as to the scheduled departure of the vessel. The sailing time shall be posted at the gangway on arrival when the vessel's stay in port is twelve (12) hours or less.

b. When the vessel's stay exceeds twelve (12) hours, the sailing time shall be posted eight (8) hours prior to scheduled sailing, if before 2400. If scheduled sailing is between 0000 and 0800, sailing time shall be posted not later than 1700.

c. If the vessel's departure is delayed the new time of departure shall immediately be posted on the board.

d. Licensed Officers shall be required to report on board and be available for duty one (1) hour before time posted on sailing board.

e. For sailing purposes, "departure time" shall mean "last line off dock" or "anchor aweigh" or "secured for sea".

3.4 OTHER WORK REQUIREMENTS

a. Clerical Work: All clerical work not specifically required for the administration of a particular department other than the deck department shall be performed by a Licensed Deck Officer designated by the Master. It is the intent that such clerical work shall be performed during regular duty hours, but not while on navigation watch underway. In the event that clerical work such as relates directly to the Master's financial responsibility is unable to be assigned to another Officer, the Master is required to perform the necessary work. The Master shall be responsible for clerical work required in his executive capacity, such as:

i. Official logbooks, reports required by law, voyage letters, any confidential reports and/or other reports as requested by the Company or Operator.

ii. All clerical work connected with the opening and termination of Articles shall be performed by the Master or the Licensed Deck Officer he assigns.

b. Scope of Articles: Articles shall contain an appropriate notation to the effect that the provisions of this Agreement shall be, and be deemed to be, incorporated in and part of the voyage Articles.

c. Slop Chest Duties: Licensed Officers may be required to prepare starting or terminating inventories and supervise the loading of slop chest stores and to check same aboard during regular duty hours without the payment of additional compensation (other than applicable OT), but they shall not be required to, sell slop chest items during off-duty hours.

d. In the interest of operating efficiency, the Company, as directed by the Operator, shall promulgate reasonable operational rules, safety regulations and maintenance programs which rules, regulations, and programs shall be adhered to by Personnel employed aboard the Vessel to the extent that such rules, regulations, and programs are not inconsistent with other terms of this MOU.

e. Such rules shall at least include:

i. The Master or other navigating deck officer shall decide which engines, valves, number of revolutions, and such other decisions as shall be necessary to achieve the ultimate efficiency of the operation in accordance with the working instructions of the Operator or Operator's representatives.

ii. All Personnel shall maintain the cleanliness (sweep and swab decks, empty trash, clean bathroom including shower and toilet) of their own quarters.

iii. Work breaks of fifteen (15) minutes shall be taken at or near 1000 hours and 1500 hours.

f. There may be occasion, by lawful direction of the Master, that Personnel will be required to perform duties not normally consistent with the license of such Personnel. This paragraph is subject to further clarification should claims of unreasonable abuse under this Section be established.

i. All Crew Personnel - Company Vessels are considered all-purpose vessels and all Crew personnel may be required to participate in the operational functions of the Vessel, including, but not limited to cargo operations, crane operations, security watches, and line handling. Crew personnel shall also participate in “shipboard all-hands” duties as directed by the Master or 1st Officer, such as taking stores. It is understood that such activities are considered customary and routine duties.

ii. Licensed Deck Officers - Licensed Deck Officers shall be required to perform any watch-related or non-watch-related duty that is assigned to him by either the Master or 1st Officer that falls within a generally acceptable scope of duties for a competent Licensed Deck Officer.

iii. Licensed Engineering Officers - Engineers shall be required to perform routine maintenance, troubleshooting and/or repair to any shipboard mechanical, non-mechanical, electrical, hydraulic or propulsion system(s) that is assigned to him by either the Captain or Chief Engineer and/or any other task that falls within a generally acceptable scope of duties for a competent Licensed Engineering Officer. The Assistant Engineer may also be required to perform duties normally assigned to unlicensed engine room personnel, such as bilge cleaning or other such routine engine room duties, provided such "other engine room duties" are part of an "all engine room hands" evolution.

3.6 EMERGENCIES, DUTIES AND DRILLS

No additional compensation shall be paid for any work required for the safety of the Vessel or crew, the safety of other Vessels or crews, or any other humanitarian activity undertaken for which the Company can reasonably expect no monetary recompense.

All required drills shall be performed between the hours of 0800 and 1630 Monday through Friday, whenever practical. No additional compensation shall be paid for participation in any required drill or exercise, regardless of when performed, inclusive of work necessary to perform said drills and exercises, such as laying out, testing and stowing fire hoses, launching and retrieving boats and other related duties, provided all hands are utilized to accomplish same.

ARTICLE 4 PLANS

The Company agrees to be party to each of the Masters, Mates and Pilots Plans as listed below in accordance with the Master Agreement.

4.1 MM&P VACATION PLAN

4.2 MM&P ADJUSTABLE PENSION PLAN

4.3 MM&P HEALTH & BENEFIT PLAN

4.4 MM&P INDIVIDUAL RETIREMENT ACCOUNT PLAN

4.5 MM&P JOINT EMPLOYMENT COMMITTEE

4.6 MARITIME ADVANCEMENT, TRAINING, EDUCATION & SAFETY PROGRAM

4.7 MARITIME INSTITUTE FOR RESEARCHAND INDUSTRIAL DEVELOPMENT

4.8 MM&P 401(K) PLAN

4.9 FEDERAL DRUG TESTING FUND

4.10 EXTENDED DURATION OF CERTAIN TRUSTS

ARTICLE 5 DURATION OF AGREEMENT & OTHER PROVISIONS

5.2 GENDER AND NUMERIC DESIGNATION

In the interest of simplicity, gender of masculine designation has been used throughout. Any reference to the masculine gender contained herein shall be deemed to include the female gender as well.

Personnel, wherever the term appears herein refers to both singular and plural applications.

5.4 DURATION

This MOU, shall continue in full force and effect until midnight on the eve of the fifth anniversary date of award. Thereafter, it shall be renewed automatically from year to year unless, at least sixty (60) days prior to the expiration date of this Memorandum, or the expiration date of any renewal term thereafter, either party hereto shall have given written notice to the other party of its desire to terminate or re-negotiate all or part of this Memorandum. In the event this Memorandum is opened for re-

Appendix A -WAGES & BENEFITS

RFP N32205-18-R-3508

Supervisory Personnel

Schedule A –Effective Upon Award

Rating Monthly Base Wage

Daily Base Wage

Daily Benefit Wage

Daily TTH Wage

Hourly O/T Rate

Master $18,028.80 $600.96 $512.23 $411.06 N/A

Chief Engineer $17,142.30 $571.41 $489.48 $400.00 N/A

CM/1AE $16,542.00 $551.40 $318.82 $253.00 $47.44

2M/2AE $13,610.10 $453.67 $266.48 $208.17 $39.03

3M/3AE $11,883.30 $396.11 $232.66 $181.75 $34.08

Jr 3M $10,921.50 $364.05 $217.96 $167.05 $31.32

Premium Rate: $15.91

Schedule B - Effective Upon Award

Billet Daily Aggregate Benefit

Master $726.14

Chief Engineer $699.25

CM/1AE $497.53

2M/2AE $400.16

3M/3AE $364.02

Jr 3M $273.95