Attachment 2 - Wage Determination and CBAs.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.: 2013-0071

Daniel W. Simms Division of | Revision No.: 26

Director Wage Determinations| Date Of Last Revision: 12/27/2022

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 |Executive Order 14026 generally applies to |

|after January 30, 2022, or the |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 $16.20 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 2023. |

|If the contract was awarded on or |Executive Order 13658 generally applies to |

|between January 1, 2015 and January 29,|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 $12.15 per hour (or the applicable |

|2022: |wage rate listed on this wage determination,|

Attachment 2

HTC711-23-R-R001

| |if it is higher) for all hours spent |

| |performing on the contract in 2023. |

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 www.dol.gov/whd/govcontracts.

States: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Area: Alaska Statewide

Alabama Statewide

Arizona Statewide

California Statewide

Colorado Statewide

Connecticut Statewide

District of Columbia Statewide

Delaware Statewide

Florida Statewide

Georgia Statewide

Hawaii Statewide

Iowa Statewide

Idaho Statewide

Illinois Statewide

Indiana Statewide

Kentucky Statewide

Louisiana Statewide

Massachusetts Statewide

Maryland Statewide

Maine Statewide

Minnesota Statewide

Missouri Statewide

Mississippi Statewide

Montana Statewide

North Dakota Statewide

Nebraska Statewide

New Hampshire Statewide

New Jersey Statewide

New Mexico Statewide

Nevada Statewide

New York Statewide

Ohio Statewide

Oklahoma Statewide

Oregon Statewide

Pennsylvania Statewide

Puerto Rico Statewide

Rhode Island Statewide

South Carolina Statewide

South Dakota Statewide

Tennessee Statewide

Texas Statewide

Utah Statewide

Virginia Statewide

Vermont Statewide

Washington Statewide

Wisconsin Statewide

West Virginia Statewide

Wyoming Statewide

EAST NORTH CENTRAL: Illinois, Indiana, Michigan, Ohio and Wisconsin

EAST SOUTH CENTRAL: Alabama, Kentucky, Mississippi and Tennessee

MIDDLE ATLANTIC: Pennsylvania, New Jersey and New York

MOUNTAIN: Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah and

Wyoming

NEW ENGLAND: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont

PACIFIC: Alaska, California, Hawaii, Oregon and Washington

SOUTH ATLANTIC: Delaware; District of Columbia, Florida, Georgia, Maryland, North Carolina, South Carolina, Virginia and West Virginia

WEST NORTH CENTRAL: Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota and South Dakota

WEST SOUTH CENTRAL: Arkansas, Louisiana, Oklahoma and Texas

Guam

Puerto Rico

**Fringe Benefits Required Follow the Occupational Listing**

Employed on Department of Defense contract for global transportation and storage services for Department of Defense sponsored shipments of privately owned vehicles

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01051 - Data Entry Operator I

East North Central 14.59***

East South Central 13.70***

Guam 11.81***

Middle Atlantic 15.97***

Mountain 13.73***

New England 16.00***

Pacific 15.75***

Puerto Rico 9.21***

South Atlantic 14.49***

West North Central 14.02***

West South Central 13.44***

01052 - Data Entry Operator II

East North Central 15.91***

East South Central 14.94***

Guam 12.88***

Middle Atlantic 17.42

Mountain 14.98***

New England 17.45

Pacific 17.18

Puerto Rico 10.05***

South Atlantic 15.81***

West North Central 15.29***

West South Central 14.66***

01111 - General Clerk I

East North Central 13.78***

East South Central 13.23***

Guam 9.88***

Middle Atlantic 14.26***

Mountain 14.88***

New England 15.46***

Pacific 15.82***

Puerto Rico 9.32***

South Atlantic 14.18***

West North Central 12.98***

West South Central 12.83***

01112 - General Clerk II

East North Central 15.04***

East South Central 14.43***

Guam 10.78***

Middle Atlantic 15.57***

Mountain 16.23

New England 16.88

Pacific 17.26

Puerto Rico 10.17***

South Atlantic 15.47***

West North Central 14.16***

West South Central 14.00***

01113 - General Clerk III

East North Central 16.88

East South Central 16.20

Guam 12.10***

Middle Atlantic 17.47

Mountain 18.22

New England 18.94

Pacific 19.37

Puerto Rico 11.41***

South Atlantic 17.37

West North Central 15.90***

West South Central 15.72***

01312 - Secretary II

East North Central 18.33

East South Central 16.58

Guam 15.46***

Middle Atlantic 22.30

Mountain 17.50

New England 20.34

Pacific 20.54

Puerto Rico 10.34***

South Atlantic 18.21

West North Central 17.99

West South Central 17.32

01420 - Survey Worker

East North Central 16.77

East South Central 14.39***

Guam 15.26***

Middle Atlantic 18.30

Mountain 15.20***

New England 18.88

Pacific 18.85

Puerto Rico 11.32***

South Atlantic 16.61

West North Central 15.09***

West South Central 14.64***

01460 - Switchboard Operator/Receptionist

East North Central 14.10***

East South Central 12.92***

Guam 9.67***

Middle Atlantic 15.39***

Mountain 13.92***

New England 15.64***

Pacific 16.07***

Puerto Rico 8.89***

South Atlantic 14.05***

West North Central 13.76***

West South Central 13.11***

05000 - Automotive Service Occupations

05070 - Automotive Worker

East North Central 17.79

East South Central 17.50

Guam 13.31***

Middle Atlantic 19.77

Mountain 19.64

New England 18.80

Pacific 20.29

Puerto Rico 11.87***

South Atlantic 18.78

West North Central 18.25

West South Central 17.05

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles

East North Central 12.02***

East South Central 11.54***

Guam 9.27***

Middle Atlantic 12.71***

Mountain 12.18***

New England 13.24***

Pacific 13.59***

Puerto Rico 8.84***

South Atlantic 11.96***

West North Central 12.83***

West South Central 11.30***

11150 - Janitor

East North Central 12.71***

East South Central 10.98***

Guam 9.44***

Middle Atlantic 15.15***

Mountain 12.94***

New England 14.83***

Pacific 15.57***

Puerto Rico 8.94***

South Atlantic 12.26***

West North Central 13.28***

West South Central 10.91***

27000 - Protective Service Occupations

27101 - Guard I

East North Central 13.76***

East South Central 11.62***

Guam 9.30***

Middle Atlantic 14.93***

Mountain 14.01***

New England 15.12***

Pacific 16.32

Puerto Rico 8.73***

South Atlantic 14.02***

West North Central 14.83***

West South Central 12.94***

27102 - Guard II

East North Central 15.40***

East South Central 13.01***

Guam 10.41***

Middle Atlantic 16.71

Mountain 15.68***

New England 16.92

Pacific 18.27

Puerto Rico 9.77***

South Atlantic 15.69***

West North Central 16.60

West South Central 14.48***

29000 - Stevedoring/Longshoremen Occupational Services

29010 - Blocker And Bracer

East North Central 23.68

East South Central 24.53

Guam 22.84

Middle Atlantic 30.72

Mountain 25.88

New England 27.71

Pacific 33.58

Puerto Rico 13.18***

South Atlantic 24.73

West North Central 24.70

West South Central 24.42

29020 - Hatch Tender

East North Central 23.68

East South Central 24.53

Guam 22.84

Middle Atlantic 30.72

Mountain 25.88

New England 27.71

Pacific 33.58

Puerto Rico 13.18***

South Atlantic 24.73

West North Central 24.70

West South Central 24.42

29030 - Line Handler

East North Central 23.68

East South Central 24.53

Guam 22.84

Middle Atlantic 30.72

Mountain 25.88

New England 27.71

Pacific 33.58

Puerto Rico 13.18***

South Atlantic 24.73

West North Central 24.70

West South Central 24.42

29041 - Stevedore I

East North Central 22.35

East South Central 22.78

Guam 21.75

Middle Atlantic 29.12

Mountain 24.09

New England 26.31

Pacific 31.90

Puerto Rico 11.23***

South Atlantic 23.05

West North Central 23.33

West South Central 22.79

29042 - Stevedore II

East North Central 24.80

East South Central 25.11

Guam 24.61

Middle Atlantic 32.34

Mountain 27.63

New England 29.01

Pacific 35.81

Puerto Rico 13.36***

South Atlantic 26.24

West North Central 26.01

West South Central 26.02

31000 - Transportation/Mobile Equipment Operation Occupations

31260 - Parking and Lot Attendant

East North Central 11.01***

East South Central 10.33***

Guam 9.91***

Middle Atlantic 11.87***

Mountain 12.07***

New England 12.69***

Pacific 13.23***

Puerto Rico 8.82***

South Atlantic 11.11***

West North Central 11.65***

West South Central 10.24***

31361 - Truckdriver, Light

East North Central 16.55

East South Central 15.93***

Guam 10.37***

Middle Atlantic 16.52

Mountain 16.75

New England 17.48

Pacific 18.58

Puerto Rico 9.14***

South Atlantic 17.41

West North Central 16.71

West South Central 16.09***

31362 - Truckdriver, Medium

East North Central 20.04

East South Central 18.29

Guam 12.77***

Middle Atlantic 21.19

Mountain 19.96

New England 20.52

Pacific 21.66

Puerto Rico 9.96***

South Atlantic 19.15

West North Central 19.59

West South Central 18.16

31363 - Truckdriver, Heavy

East North Central 21.80

East South Central 20.80

Guam 14.05***

Middle Atlantic 23.14

Mountain 22.10

New England 22.01

Pacific 24.05

Puerto Rico 10.57***

South Atlantic 21.37

West North Central 22.01

West South Central 20.56

31364 - Truckdriver, Tractor-Trailer

East North Central 21.80

East South Central 20.80

Guam 14.05***

Middle Atlantic 23.14

Mountain 22.10

New England 22.01

Pacific 24.05

Puerto Rico 10.57***

South Atlantic 21.37

West North Central 22.01

West South Central 20.56

***Workers in this classification may be entitled to a higher minimum wage under

Executive Order 14026 ($16.20 per hour) or 13658 ($12.15 per hour). Please see the

Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 and 13658 are not currently being enforced as to contracts or contract-like instruments entered into with the federal government in connection with seasonal recreational services or seasonal recreational equipment rental for the general public on federal lands.

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: $4.80 per hour, up to 40 hours per week, or $192.00 per week or

$832.00 per month

HEALTH & WELFARE EO 13706: $4.41 per hour, up to 40 hours per week, or $176.40 per week, or $764.40 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal

Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor, 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, Martin

Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth

National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans'

Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

HEALTH & WELFARE (Hawaii): $2.04 per hour, up to 40 hours per week, or $81.60 per week, or $353.60 per month for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii prepaid

Health Care Act, the new health and welfare benefit rate will be $4.80 per hour, up http://www.dol.gov/whd/govcontracts to 40 hours per week.

HEALTH & WELFARE (Hawaii EO 13706): $1.65 per hour, up to 40 hours per week, or $66.

00 per week, or $286.00 per month for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii prepaid Health Care Act, the new health and welfare benefit rate will be $4.41 per hour, up to 40 hours per week. *

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal

Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

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 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)).

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.

MEMORANDUM OF CONTRACT EXTENSION

1. This Memorandum of Contract Extension (hereafter "Contract Extension") between HI-SIC, Inc. and its constituent Companies ("Companies") and the Negotiating Committee ofILWU Local 142, Hawaii Longshore Division ("Union") constitutes the basis of settlement of all issues involved in the negotiations between the parties for the extension of the Longshore Unit collective bargaining agreements for the Companies. Amendments made by this Contract Extension shall be effective July 1, 2019, unless otherwise specified herein.

The Companies and the Union agree that the current Longshore Unit collective bargaining agreements for the period from July 1, 2014 to June 30, 2019 are hereby extended in their entirety for a period of three (3) years, to and until June 30, 2022, except that they are amended in the following respects:

2. Wages

a. The basic straight time hourly rate shall be increased by $1.29 as of the first day shift on July 1, 2019, which increase will bring the basic straight time rate to $42.91.

b. The basic straight time hourly rate shall be increased by an additional $1.33 as of the first day shift on July 1, 2020, which increase will bring the basic straight time rate to $44.24.

c. The basic straight time hourly rate shall be increased by an additional $1.37 as of the first day shift on July 1, 2021, which increase will bring the basic straight time rate to $45.61.

d. The first paragraph of Exhibit "A" ("Wages and Special Rates") of the 2014-2019 Longshore Agreement shall be amended to conform to the provisions of paragraphs (a) through (c) above.

3. Section 31. Term of Agreement

Effective July 1, 2019, the first sentence of paragraph 31.01 of Section 31 (Term of Agreement) shall be deleted and replaced with the following:

Longshore Contract Extension 2018

"The Agreement between the parties effective July 1, 2014 to and including June 30, 2019 shall be extended as modified by the Contract Extension Agreement between the parties dated April 20, 2018, which shall extend the 2014-2019 Agreement (as modified) to and until June 30, 2022."

4. Pensions

The existing Pension Agreement between the Union and each of the Signatory Companies employing longshoremen shall be maintained and extended to and including June 30, 2022, with the following modifications:

a. Increases for Active Employees:

For plan participants retiring on or after July 1, 2014 at normal retirement age, the minimum retirement benefit provision described in Article IV of the plan shall be amended by increasing the monthly benefit formula as follows:

1. Effective July 1, 2019, from $200 to $205 multiplied by the participant's years of Credited Service not in excess of 3 7 years.

11. Effective July 1, 2020, from $205 to $210 multiplied by the participant's years of Credited Service not in excess of 3 7 years.

111. Effective July 1, 2021, from $210 to $215 multiplied by the participant's years of Credited Service not in excess of 3 7 years.

b. Increases for Retirees:

1. Pre 7/1/1984 to 6/30/1987 Retirees:

Longshore Contract Extension 2018

Subject to any appropriate reduction to be m~de under the terms of the pension plan, a former Longshore employee of a company represented by HI-SIC, Inc. who retired from active service with the Company during the period prior to July 1, 1984 up to and including June 30, 1987, and who is receiving a monthly pension benefit, shall receive the following increases to their monthly benefit:

1. Effective as of the monthly retirement benefit payable for July 2019, an additional $66 per month.

2. Effective as of the monthly retirement benefit payable for July 2020, an additional increase of $66 per month to their previously existing benefit.

3. Effective as of the monthly retirement benefit payable for July 2021, an additional increase of $66 per month to their previously existing benefit.

11. 7/1/1987 to 6/30/1999 Retirees:

Subject to any appropriate reduction to be made under the terms of the pension plan, a former Longshore employee of a company represented by HI-SIC, Inc. who retired from active service with the Company during the period from July 1, 1987 up to and including June 30, 1999, and who is receiving a monthly pension benefit, shall receive the following increases to their monthly benefit:

1. Effective as of the monthly retirement benefit payable for July 2019, an additional $70 per month.

2. Effective as of the monthly retirement benefit payable for July 2020, an additional increase of $70 per month to their previously existing benefit.

3. Effective as of the monthly retirement benefit payable for July 2021, an additional increase of $70 per month to their previously existing benefit.

111. 7/1/1999 to 6/30/2002 Retirees:

Longshore Contract Extension 2018

Subject to any appropriate reduction to be made under the terms of the pension plan, a former Longshore employee of a company represented by HI-SIC, Inc. who retired from active service with the Company during the period from July 1, 1999 up to and including June 30, 2002, and who is receiving a monthly pension benefit, shall receive the following increases to their monthly benefit:

1. Effective as of the monthly retirement benefit payable for July 2019, an additional $35 per month.

2. Effective as of the monthly retirement benefit payable for July 2020, an additional increase of $35 per month to their previously existing benefit.

IV.

3. Effective as of the monthly retirement benefit payable for July 2021, an additional increase of $3 5 per month to their previously existing benefit.

The above increases in Sections (4)(b)(i) to (4)(b)(iii) shall apply to retirees who were eligible to commence their pension on the first day of the month next following their termination of active service employment even if they elected to commence their pension at a later month. For retirees and surviving spouses paid under an unreduced joint and survivor annuity, the retiree will receive the full increase amount during his lifetime but upon the death of the retiree, his spouse will receive 75% of the benefit increase. For retirees and surviving contingent annuitants paid under an .optional joint and survivor annuity option under Section 5.02 of the plan, the retiree will receive the full increase amount during his lifetime, but upon the death of the retiree, his contingent annuitant will receive a percentage of the benefit increase based on the optional percentage selected (50%L7_5.%/100%). ___ _ No increases will be given to retirees who have received a lump sum payment.

c. Post-Retirement Surviving Spouse Benefits:

The plan shall be amended to provide that the monthly annuity payable to the eligible surviving spouse upon the death of a plan participant who retired from active service and elected an unreduced joint and survivor annuity shall be paid in the following percentages to the spouses of the following categories of retirees:

1. For retirees retiring prior to July 1, 1999, the annuity percentage to surviving spouses shall increase to 71. 73 % effective July 1, 2019; then shall increase to 73.39% effective July 1, 2020; then shall increase to 75% effective July 1, 2021.

n. For retirees retiring on or after July 1, 1999 up to and including June 30, 2002, the annuity percentage to surviving spouses shall increase to 68.39% effective July 1, 2019; then shall increase to 71.72% effective July 1, 2020; then shall increase to 75% effective July 1, 2021.

111. For retirees retiring on or after July 1, 2002 up to and including June 30, 2008, the annuity percentage to surviving spouses shall increase to 68.33% effective July 1, 2019; then shall increase to 71.72% effective July 1, 2020; then shall increase to 75% effective July 1, 2021.

d. Pre-Retirement Surviving Spouse Benefits:

The plan shall be amended to provide that for plan participants who died in active service before retirement prior to July 1, 2019, the monthly annuity under the terms of the pension agreement in effect on June 30, 2019 payable to the eligible surviving spouse to whom the participant was married not less than one year shall be increased based on the following percentages ("applicable percentage") beginning with the monthly benefit payable to a surviving spouse for July 2019:

1. For participants who died in active service prior to July 1, 1999, the annuity percentage to surviving spouses shall increase to 71.73% effective July 1, 2019; then shall increase to 73.39% effective July 1, 2020; then shall increase to 75% effective July 1, 2021.

11. For participants who died in active service on or after July 1, 1999 up to and including June 30, 2002, the annuity percentage to surviving spouses shall increase to 68.39% effective July 1, 2019; then shall increase to 71.72% effective July 1, 2020; then shall increase to 75% effective July 1, 2021.

111. For participants who died in active service on or after July 1, 2002 up to and including June 30, 2008, the annuity percentage to surviving spouses shall increase to 68.33% effective July 1, 2019; then shall increase to 71.72% effective July 1, 2020; then shall increase to 75% effective July 1, 2021.

e. Limited Early Retirement Window

The pension plan shall be amended to provide for a limited early retirement window for the period beginning on July 1, 2019 up to and including June 30, 2022. The early retirement window will be available to plan participants subject to the following tenns:

1. The plan paiiicipant must submit an application for early retirement, with all required documents completed, with an effective date on or after July 1, 2019 and no later than June 30, 2022.

11. The plan participant must be at least 59 years and 6 months of age as of the effective date of his/her early retirement, and must have accrued at least 5 qualifying years of service under the terms of the pension plan as of the effective date.

111. A plan participant who satisfies requirements (i) and (ii) above will be paid their full pension benefit, without the actuarial reduction which would otherwise apply to early retirement pension benefits under the plan.

7. Medical and Dental Plan Agreements

a. The existing Medical and Dental Plan provisions for active employees under the terms of the July 1, 2014 to June 30, 2019 agreement shall be extended to and including June 30, 2022.

b. The existing Medical and Dental Plan provisions for pensioners under the terms of the July 1, 2014 to June 30, 2019 agreement shall be extended to and including June 30, 2022.

8. Group Life Insurance

The existing Group Life Insurance plan shall be extended to and including June 30, 2022.

9. Long Term Disability Insurance

The existing LTDI plan shall be extended to and including June 30, 2022.

10. Miscellaneous

All applicable letters of understanding shall be updated and made a part of the reissued contract documents.

11. Reissuance of Contract Book

By February 1, 2019, the parties shall publish in booklet form the terms of the 2014-2019 Agreement as modified by this Contract Extension Agreement, for distribution to bargaining unit members at each company.

12. Tax Approvals, Other Government Approvals, and Reopener

The Pension and Wage Guarantee Plans are subject to and conditioned upon receipt of satisfactory tax rulings from appropriate Federal and State agencies. If unsatisfactory rulings are received, the parties will meet to make required changes in the Plan(s) to comply with the rulings.

If any other provision of this Memorandum of Agreement shall be declared invalid, inoperative or unenforceable by a final decision of any competent authority of the executive, legislative, judicial or administrative branch of the Federal government, then following the giving of 10 days' advance written notice by either party, the Agreement shall be deemed reopened for the negotiation of such amendments and modifications as the parties see fit.

Notwithstanding any other provision of this Agreement or any other agreement to the contrary, it is expressly understood and agreed that the Union shall have the right to strike or take other economic action in support of its position in such reopened negotiations.

DATED this 2.o~ day of April, 2018

HI-SIC, INC. ILWU LOCAL 142, HAWAII

LONGSHORE DIVISION

h~ Hawaii Stevedores, Inc.

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McCabe, Hamilton & Renny Co., Ltd.

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TENTATIVE AGREEMENT

Hawaii Longshore Division- HI-SIC, Inc.

August 31, 2017

Tentative Agreement for Extension of Longshore, Wharf Clerks, CFS/CY, and Maintenance Shop Collective Bargaining Agreements

This Tentative Agreement between HI-SIC, Inc. and the Hawaii Longshore Division ofIL WU Local 142 describes the tentative agreement of the parties regarcling the extension of collective bargaining agreements for the Longshore, Wharf Clerks, Container Freight Station/Container Yard, and Maintenance Shop Units.

It is understood that the terms agreed to in this Tentative Agreement shall be subject to ratification by the bargaining unit members of the Hawaii Longshore Division for the Longshore, Wharf Clerks, Container Freight Station/Container Yard, and Maintenance Shop Units.

1. Term of Extension

The existing collective bargaining agreements for the Longshore, Wharf Clerks, Container Freight Station/Container Yard, and Maintenance Shop Units which expire on June 20, 2019 shall be extended for a period of three (3) years, and shall remain in full force and effect to and until June 30, 2022, except as modified and amended by the parties' agreements below relating to wages and pension benefits.

2. Wages

Effective July 1, 2019, the wage provisions of the existing collective bargaining agreements for the Longshore, Wharf Clerks, Container Freight Station/Container Yard, and Maintenance Shop Units shall be increased as provided in Exhibit "A-1" to "A-4" to this Memorandum of Agreement.

3. Pension

The existing pension agreements between the Union and each of the SIC Companies shall be extended to and until June 30, 2022 for the Longshore, Wharf Clerks, Container Freight Station/Container Yard, and Maintenance Shop Units, and shall be modified as provided in Exhibits "A-1" to "A-4" to this Memorandum of Agreement.

AGREED:

ILWU Local 142, Hawaii Longshore Division

HI-SIC, Inc.

Attachment #1-1

HI-SIC Inc. Contract Extension Offer Longshore 8-31-17

Current as of6/30/19 2019-2020 2020-2021

Wages Increase New Rate Percent Inc. Increase New Rate Percent Inc.

Rate $ 41.62 $ 1.29 $ 42.91 3.1% $ 1.33 $ 44.24 3.1%

Pensions Increase New Benefit Increase New Benefit Actives $ 200.00 $ 5.00 $ 205.00 $ 5.00 $ 210.00

Retirees lncre~se Increase Pre 7 /1/84-6/30/87 (33 yrs) $ 66.00 $ 66.00 7 /1/87 to 6/30/99 {35 yrs) $ 70.00 $ 70.00

7 /1/99 to 6/30/02 (35 yrs) $ 35.00 $ 35.00 7 /1/02 to 6/30/08 No Change No Change 7 /1/08 to 6/30/14 No Change No Change 7 /1/14 to Present $ 200.00 $ 5.00 $ 205.00 $ 5.00 $ 210.00

Current% as Current%as Current %as Surviving Spouses of6/30/19 of6/30/20 of6/30/21 Pre 7/1/99 70% 71.73% 73.39% 7 /1/99 to 6/30/02 65% 68.39% 71.72% 7 /1/02 to 6/30/08 65% 68.33% 71.72% 7/1/08 to 6/30/14 75% 75% 75% 7 /1/14 to Present 75% 75% 75%

• Wage increase of 3.1% per year or $3.99 (over base wage rate of $41.62): $1.29/$1.33/$1.37

• Pension Increase of $15 {over base pension of $200): $5/$5/$5

• Full 75% Survivor benefit for all surviving spouses

• Limited early retirement window (3 years} 59 1/2 and 5 years, no actuarial reduction

• Maintain benefits under health care program per terms of 2014-2019 Agreement

• Maintain pension benefits per terms of 2014-2019 Agreement subject to above modifications

EXHIBITA-1

Increase

$ 1.37

Increase $ 5.00

Increase

$ 66.00

$ 70.00

$ 35.00 No Change No Change $ 5.00

2021-2022

New Rate

$ 45.61

New Benefit

215.00

215.00

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Percent Inc.

3.1%

Current% as of6/30/22

75%

75% 75%

75%

HI-SIC Inc. Contract Extension Offer Wharf Clerks - 8/1/2017

Service in Class Req'dto Current as Monthly as Advance of6/30/19 of6/30/19 2019-2020 2020-2021

Wages Increase NewHrly New Monthly Percent Inc. Increase NewHrly New Monthly Percent Inc

Permit 3mos. $ 43.544 $7,547.48 $ 1.350 $ 44.894 $ 7,781.48 3.1% $ 1.392 $ 46.286 $ 8,022.75 3.1% Delivery & Receiving 9mos. $ 43.660 $7,567.59 $ 1.353 $ 45.0~ $ 7,802.10 3.1% $ 1,395 $ 46.408 $ 8,043.90 3.1% Utility $ 43.780 $7,588.39 $ 1.357 $ 45.137 $ 7,823.60 3.1% $ 1.399 $ 46.536 $ 8,066.09 3.1% Chief Clerk $ 45.030 $7,805.05 $ 1.396 $ 46.426 $ 8,047.02 3.1% $ 1.439 $ 47.865 $ 8,296.44 3.1% Pensions Increase New Benefit Increase New Benefit Actives $ 200.00 $ 5.00 $ 205.00 $ 5.00 $ 210.00

Increase to Retirees Increase Multiplier Pre7 /1/84 to 6/30/87 (33 yrs) $ 66.00 $ 66.00 7 /1/87 to 6/30/99 (35 yrs) $ 70.00 $ 70.00 7 /1/99 to 6/30/02 (35 yrs) $ 35.00 $ 35.00 7 /1/02 to 6/30/08 No Change No Change 7 /1/08 to 6/30/14 No Change No Change 7 /1/14 to Present $ 200.00 $ S.00 $ 205.00 $ 5.00 $ 210.00

Current% Current% Current% asof asof as of

Surviving Spouses 6/30/19 6/30/20 6/30/21 Pre7/1/99 70% 71.73% 73.39% 7 /1/99 to 6/30/02 65% 68.39% 71.72% 7 /1/02 to 6/30/08 65% 68.33% 71.72% 7 /1/08 to 6/30/14 75% 75% 75% 7 /1/14 to Present 75% 75% 75%

• Wage increase of 3.1% per year for each classification (Permit/Defivery & Receiving/Utility/Chief Clerk)

• Pension Increase of $15 (over base pension of $200): $5/$5/$5

• Full 75% Survivor benefit for all surviving spouses

• limited early retirement window (3 years) 591/2 and 5 years, no actuarial reduction

• Maintain benefits under health care program per terms of 2014-2019 Agreement

• Maintain pension benefits per terms of 2014-2019 Agreement subject to above modifications

EXHIBITA-2

Increase

$ 1.435 $ 1.439 $ 1.443 $ 1.484 Increase

$ 5.00

Increase

$ 66.00 $ 70.00 $ 35.00 No Change No Change $ 5.00

2021-2022

NewHrly

$ 47.721 $ 47.847 $ 47.979 $ 49.349

New Benefit $ 215.00

$ 215.00

New Monthly Percent Inc.

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8,271.48 8,293.32 8,316.20 8,553.66

3.1% 3.1% 3.1% 3.1%

Current% as of

6/30/22 75% 75% 75%

HI-SIC Inc. Contract Extension Offer CFS-CY - 8/23/2017

CUrrentas of6/30/19 2019-2020 2020-2021

Wages Increase New Rate Percent Inc. Increase New Rate Percent Inc.

Warehouseman $ 42.99 $ 1.33 $ 44.32 3-.1% $ 1.37 $ 45.69 3.1% Machine Operator $ 44.37 $ 1.38 $ 45.75 3.1% $ 1.42 $ 47.17 3.1%

Pensions Increase New Benefit Increase New Benefit Actives $ 200.00 $ 5.00 $ 205.00 $ 5.00 $ 210.00 Retirees Increase Increase Pre 7 /1/84 to 6/30/87 (33 yrs) $ 66.00 $ 66.00 7 /1/87 to 6/30/99 {35 yrs) $ 70.00 $ 70.00 7 /1/99 to 6/30/02 (35 yrs) $ 35.00 $ 35.00 7 /1/02 to 6/30/08 No Change No Change 7 /1/08 to 6/30/14 No Change No Change 7 /1/14 to Present $ 200.00 $ 5.00 $ 205.00 $ 5.00 $ 210.00

Current% as Current%as Current%as Surviving Spouses ofG/30/19 Increase New Benefit ofG/30/20 Increase New Benefit ofG/30/21 Pre 7/1/99 70% 71.73% 73.39% 7 /1/99 to 6/30/02 65% 68.39% 71.72% 7 /1/02 to 6/30/08 65% 68.33% 71.72% 7 /1/08 to 6/30/14 75% 75% 75% 7 /1/14 to Present 75% 75% 75%

• Wage increase of 3.1% per year for each classification (Warehouseman, Machine Operator)

• Pension Increase of $15 (over base pension of $200}: $5/$5/$5

• Full 75% Survivor benefit for all surviving spouses

• Limited early retirement window (3 years) 59 1/2 and 5 years, no actuarial reduction

• Maintain benefits under health care program per terms of 2014-2019 Agreement

• Maintain pension benefits per terms of 2014-2019 Agreement subject to above modifications

. , EXHIBITA-3

Increase $ 1.42 $ 1.46

Increase $ 5.00

Increase

$ 66.00

$ 70.00 $ 35.00 No Change No Change $ 5.00

Increase

2021-2022

New Rate $ 47.11 $ 48.63

New Benefit $ 215.00

$ 215.00

New Benefit

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Percent Inc.

3.1% 3.1%

Current% as ofG/30/22

75% 75% 75%

HI-SIC Inc. Contract Extension Offer Maintenance Shops - 8/1/2017

Current as Monthly as of6/30/19 of6/30/19 2019-2020 2020-2021 2021-2022

Wages Increase New Rate New Monthly Percent Inc. Increase New Rate New Monthly Percent Inc. Increase New Rate New Monthly Percent Inc.

Leaderman $ 54.315 $ 9,414.42 $ 1.684 $ 55.999 $ 9,706.31 3.1% $ 1.736 $ 57.735 $ 10,007.21 3.1% $ 1.790 $ 59.525 $ 10,317.47 3.1% 1st Class $ 53.315 $ 9,241.09 $ 1.653 $ 54.968 $ 9,527.60 3.1% $ 1.704 $ 56.672 $ 9,822.96 3.1% $ 1.757 $ 58.429 $ 10,127.50 3.1% 2nd Class $ 45.395 $ 7,86832 $ 1.407 $ 46.802 $ 8,112.19 3.1% $ 1.451 $ 48.253 $ 8,363.69 3.1% $ 1.496 $ 49.749 $ 8,622.99 3.1% 3rd Class $ 45.225 $ 7,838.85 $ 1.402 $ 46.627 $ 8,081.86 3.1% $ 1.445 $ 48.072 $ 8,33232 3.1% $ 1.490 $ 49.562 $ 8,590.58 3.1% Serviceman $ 44.935 $ 7,788.58 $ 1.393 $ 46.328 $ 8,030.03 3.1% $ 1.436 $ 47.764 $ 8,278.93 3.1% $ 1.481 $ 49.245 $ 8,535.64 3.1% Helper-General $ 44.761 $ 7,758.42 $ 1.388 $ 46.149 $ 7,999.01 3.1% $ 1.431 $ 47.580 $ 8,247.04 3.1% $ 1.475 $ 49.055 $ 8,502.70 3.1% Laborer $ 44.585 $ 7,727.92 $ 1.382 $ 45.967 $ 7,967.46 3.1% $ 1.425 $ 47.392 $ 8,214.46 3.1% $ 1.469 $ 48.861 $ 8,469.08 3.1% HSI-Storeroom Emp $ 42.360 $ 7,342.26 $ 1.313 $ 43.673 $ 7,569.84 3.1% $ 1.354 $ 45.027 $ 7,804.53 3.1% $ 1.396 $ 46.423 $ 8,046.50 3.1% Pensions Increase New Benefit Increase New Benefit Increase New Benefit Actives $ 200.00 $ 5.00 $ 205.00 $ 5.00 $ 210.00 $ 5.00 $ 215.00 Retirees Increase Increase Increase Pre 7 /1/84 to 6/30/87 (33 yrs) $66.00 $66.00 $66.00 7 /1/87 to 6/30/99 (35yrs) $70.00 $70.00 $70.00 7 /1/99 to 6/30/02 (35 yrs) $35.00 $35.00 $35.00 7 /1/02 to 6/30/08 No Change No Change No Change 7 /1/08 to 6/30/14 No Change No Change No Change 7 /1/14 to Present $ 200.00 $ 5.00 $ 205.00 $ 5.00 $ 210.00 $ 5.00 $ 215.00

Current%as Current%as Current¾as Current¾as Surviving Spouses of6/30/19 of6/30/20 of6/30/21 of6/30/22 Pre 7/1/99 70% 71.73% 73.39% 75% 7 /1/99 to 6/30/02 65% 68.39% 71.72% 7S% 7 /1/02 to 6/30/08 65% 68.33% 71.72% 75% 7/1/08to 6/30/14 75% 75% 75% 75% 7 /1/14 to Present 75% 75% 75% 75%

• Wage increase of 3.1% per year for all classifications (Leaderman/lst Class/2nd Class/3rd Class/Serviceman/Helper-General/Laborer/HSI-Storeroom)

• Pension Increase of $15 (over base pension of $200}: $5/$5/$5

• Full 75% Survivor benefit for all surviving spouses

• Limited early retirement window (3 years) 59 1/2 and 5 years, no actuarial reduction

• Maintain b_enefits under health care program per terms of 2014-2019 Agreement

• Maintain pension benefits per terms of 2014-2019 Agreement subject to above modifications

EXHIBIT A-4

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LONGSHORE

AGREEMENT

between

HAWAII STEVEDORES, INC.

and

ILWU LOCAL 142

July 1, 2014 - June 30, 2019

IND EX

Section No. and Title

19 BULLETIN BOARDS

13 CALL-OUT

17 CONTINUOUS AND UNINTERRUPTED SERVICE

6 DEDUCTION OF UNION DUES FROM WAGES; ASSIGNMENT OF WAGES

FOR UNION'S NEGOTIATION AND ADMINISTRATION OF CONTRACT

16 DISCIPLINEANDDISCHARGE

9 EMERGENCY HOURS

2 EMPLOYEE COVERAGE AND WORK JURISDICTION

4 EMPLOYMENT

Basic Work Force Adjustment of the Work Force Equal Distribution of Work Work Load Work Schedule Permit Employees Hiring of Employees Work Assignments Supplemental Employees

27 FUNERAL LEAVE

24 GRIEVANCES

Arbitrator

11 HOLIDAYS

30 JOINT UNION-COMPANY RULES

21 LEAVE OF ABSENCE

29 MATERNITY LEAVE PLAN

10 MEAL PERIOD

22 MODIFICATION

28 PAY FOR SERVICE ON JURIES, GOVERNMENT BOARDS AND COMMISSIONS,

MILITARY SERVICE

26 RATE PROTECTION

1 RECOGNITION AND UNION SECURITY

Collective Bargaining Employer Recognition of the Union Religious Conviction of Employees Non-Discrimination

18 SAFETY CODE

3 SENIORITY

Definition of Seniority Layoffs and Recalls Promotions Posting Procedure for Certain Job Vacancies Filling Vacancies

15 SEVERANCE ALLOWANCES

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INDEX (continued)

Section No. and Title

SICK LEAVE PLAN

STOP-WORK MEETINGS

TERM OF AGREEMENT

TRANSFERS

TRAVEL TIME

UNION REPRESENTATIVES

VACATIONS

WAGES

WORK PERIOD AND OVERTIME

Exhibit "A" WAGES AND SPECIAL RATES

Exhibit "B" AUTHORIZATION FORM FOR DEDUCTION OF UNION DUES

OUT OF WAGES

Exhibit "B-1" - ASSIGNMENT OF WAGES FOR UNION'S NEGOTIATION AND

ADMINISTRATION OF CONTRACT

Exhibit "B-2" - ASSIGNMENT OF WAGES TO CHARITABLE FUND

Exhibit "C" - JOINT UNION-COMPANY RULES

House Rules

Letters of Understanding EXHIBITS "1" through "12"

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Page

LONGSHORE AGREEMENT

THIS AGREEMENT made and entered into by and between HAWAII STEVEDORES, INC., hereinafter referred to as the Employer, and ILWU LOCAL 142, hereinafter referred to as the Union, WITNESSED:

SECTION 1

RECOGNITION AND UNION SECURITY

A. Collective Bargaining

1.01 The Employer recognizes the !,Jnion as the sole and exclusive collective bargaining agent for all employees covered by this Agreement.

1.02 The Agreement is signed by the Union on behalf of all employees in the collective bargaining unit, and all such employees are required to abide by the Agreement negotiated in their behalf. Supplemental employees are not covered by this Agreement.

1.03 New employees shall be advised, when hired, of the provisions of this Agreement covering Union recognition and security. At this time, the Union business agent may be present as an observer.

B. Employer Recognition of the Union

1.04 Each basic and permit employee covered by this Agreement who was a member of the Union on the effective date thereof, or who becomes a member thereafter, shall, as a condition of employment, remain a member of the Union in good standing for the duration of the Agreement. For the purposes of this Agreement, an employee shall lose his/her good standing with the Union only for failure to tender periodic dues uniformly required of all members.

1.05 As a condition of continued employment, all present basic and permit employees included within the bargaining unit described herein who are not now members of the Union, shall either become a member of the Union and pay dues thereto, or in lieu thereof, shall pay to the Union each month, either directly or through payroll deduction (by means of an Exhibit "B-1," Assignment of Wages for Union's Negotiation and Administration of Contract), an amount equal to the regular monthly dues in effect for other employees in the bargaining unit who are members of the Union. This obligation shall begin immediately following the expiration of thirty

(30) days after the execution of this Agreement.

1.06 It shall be a condition of employment that all employees of the Employer covered by this Agreement who are hired after the effective date of this Agreement, shall beginning on the thirtieth (30th) day following employment, as a condition of employment become and remain members of the Union in good standing.

1.07 An employee, who, during the term of this agreement, executes an Exhibit "B," Authorization Form for Deduction of Union Dues Out of My Wages, shall continue to pay regular

-1-monthly dues to the Union for the balance of the duration of this agreement as a condition of continued employment with the Employer.

1.08 The Union agrees to accept all present and future basic and permit employees, who apply for membership and who pay the regular monthly Union dues, as members of the Union without discrimination.

1.09 In accordance with the policies of the Employer and the Union, it is agreed that there will be no discrimination against any employee because of race, creed, or color in the administration or application of the terms of this agreement. Any grievance arising under this paragraph shall be subject to the grievance procedure as set forth in this agreement.

1.10 The Employer agrees not to practice favoritism or partiality to employees in the administration or application of the terms of this agreement.

1.11 Nothing contained in this section shall require the Employer to discriminate (1) against an employee for non-membership in the Union if such membership was not available to such employee on the same terms and conditions generally applicable to such other members, or (2) against an employee with respect to whom membership in the Union shall have been denied or terminated for any reason other than his failure to tender the periodic dues required as a condition of acquiring or retaining membership in the Union.

1.12 Each member of the bargaining unit covered by this Agreement who has not become a member of the Union, or in lieu thereof, has not tendered the equivalent of Union dues as provided above, within seven (7) days of the first day of any month following the effective date of this Agreement or completion of his/her first thirty (30) days of employment, shall be notified by the Union by certified mail, said address to be provided by the Employer, with a copy to the Employer, that failure to pay either dues or agency shop fees within ten (10) days following receipt of such notice shall result in termination of employment. Should the employee fail to make such payment within the ten (10) day period, the Employer shall, within three (3) working days after receipt of notice by certified mail from the Union, discharge such employee.

The Union shall indemnify and hold the Employer harmless from any and all claims, demands, suits or other actions arising from Section 1.13 or from complying with any request for termination of employment under Section 1.13.

1.13 Notice of New Employees. Within five (5) days from the date of hire the Employer shall provide to the Union in writing the name, address, position, date of hire, and hourly wage rate of any new employee.

C. Religious Conviction of Employees

1.14 Notwithstanding the provisions of paragraphs 1.04, 1.05, 1.06, 1.07 and 1.12 of this section, any new or present employee covered by this agreement who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to comply with the provisions of said paragraphs 1.04, 1.05, 1.06, 1.07 and 1.12, as a condition of employment or continued employment. In lieu of the periodic payments to the Union pursuant to said paragraphs 1.04, 1.05, 1.06, 1.07 and 1.12, such employee shall, as a condition of continued employment, have the option to pay (either directly or by means of an assignment in the form of Exhibit "B-2," Assignment of Wages to

-2-

Charitable Fund, attached hereto and made a part hereof} to a non-religious, non-labor organization charitable fund exempt from taxation under section 501 (c) (3) of Title 26 of the Internal Revenue Code a monthly amount equal to the membership dues (Local and unit dues) uniformly required as a condition of retaining membership in the Union.

1.15 Payments pursuant to the preceding paragraph 1.14 shall be made by such employee to one of the following such charitable funds:

(1) Aloha United Way

(2) Heart Fund

(3) Hawaii Cancer Fund

1.16 An employee who claims the exemption provided in paragraph 1.14 shall provide proof of such exemption.

D. Non-Discrimination

1.17 The use of masculine or feminine pronouns and suffixes "men" or "women" wherever used in this agreement shall apply to members of either sex.

1.18 In the event any provision of this agreement is contrary to the Federal Civil Rights Act, 1964, as amended, or the Hawaii Fair Employment Practices Act, as amended, or any similar State or Federal law, the Federal or State law shall preempt or supersede such provision.

SECTION 2

EMPLOYEE COVERAGE AND WORK JURISDICTION

2.01 The employees covered by this agreement are only those employees of the Employer employed in the State of Hawaii in the following classifications: basic longshoremen, members of a ship gang, members of a wharf gang, including leading men and foremen; members of a gear (or cooper) gang, including the gang foremen; members of the utility gang; machine (or jitney) operators (including truck tractor, straddle truck operators, and Top-Lifter and all forklifts); winchmen; crane operators.

2.02 The provisions of this agreement shall apply to all handling of 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, when such work is performed by employees of the Employer party to this agreement.

2.03 All above described work is defined as longshore work, and will not be diverted to other personnel not covered by this agreement, except as provided in this section.

2.04 Only employees covered by this Agreement shall have the right to move cargo such as heavy lifts, dunnage, lining material, long steel, booms and ship repair…