Atch_3-2_2008-2014_PCClerksCD.pdf

Pacific coast longshore and clerks’ agreement contract document for clerks and related classifications

July 1, 2008 – July 1, 2014

Between international longshore and Warehouse union

Acting on Behalf of Locals 14, 23, 29, 34, 40, 46, 52, and 63 and

Pacific maritime association

On Behalf of its Members in california, oregon, and Washington

Published June 15, 2009 name __________________________ Port _____________________________ local no.________reg. no. _________

Attachment 3-2 Call 0007 ii

Pacific Coast Clerks’ Contract Document

Table of ConTenTs Page

Preface Preface contract SectionS 1 — scope of this contract document and assignment of Work to clerks 2 — hours and shifts 3 — guarantees 4 — Wages 5 — holidays 6 — scheduled day off 7 — Vacations 8 — dispatching, registration, and Preference 9 — Promotions and training 10 — organization of gangs, gang sizes and manning, and methods of dispatching 11 — no strikes, lockouts, and Work stoppages 12 — meetings for registered clerks 13 — no discrimination 14 — onerous Workload 15 — efficient operations 16 — accident Prevention and safety 17 — Joint labor relations committees, administration of agreement, and grievance Procedures

18 — good faith guarantee iii iv

19 — union security 20 — Pay guarantee Plan rules, and administration 21 — lash Barge Jurisdiction 22 — term of agreement and items open to review during term of agreement 23 — Welfare and Pension Plans 24 — modification clerkS’ Penalty cargo liSt clerks’ Penalty cargo list

Wage ScheduleS 2008-2009 Wage schedule (Effective 8:00 a.m., June 28, 2008 to 8:00 a.m., July 4, 2009) 2009-2010 Wage schedule (Effective 8:00 a.m., July 4, 2009 to 8:00 a.m., July 3, 2010) 2010-2011 Wage schedule (Effective 8:00 a.m., July 3, 2010 to 8:00 a.m., July 2, 2011) 2011-2012 Wage schedule (Effective 8:00 a.m., July 2, 2011 to 8:00 a.m., June 30, 2012) 2012-2013 Wage schedule (Effective 8:00 a.m., June 30, 2012 to 8:00 a.m., June 29, 2013) 2013-2014 Wage schedule (Effective 8:00 a.m., June 29, 2013) contract SuPPlementS i — coastwise registration and transfer ia — registration/transfer to clerk ii — coast Provisions for transfer of registration Between longshore and clerk registered lists v iii — registration and transfer of men from low Work opportunity Ports iV — industry travel system addenda Picket line language dispatch hall costs scheduling of meetings guarantees, skilled rates for all longshoremen and clerks Vessel Planning employer contribution to longshore

401(k) fund Pma letter to members framework for special agreement on application of technologies and Preservation of marine clerk Jurisdiction letterS of underStanding dated July 1, 1984 dated october 29, 1987 dated July 16, 2002 dated november 23, 2002 dated July 28, 2008 dated July 28, 2008 index subject index vi

PaCIfIC CoasT CleRKs’ ConTRaCT DoCUMenT this contract document, dated July 1, 2008, is by and between Pacific maritime association (hereinafter called “the association”), on behalf of its members (herein-after designated as “the employers” or the “individual em-ployer”), and the international longshore and Warehouse union (hereinafter designated as “the union”), on behalf of itself and each and all of its clerks’ locals in california, or-egon and Washington (hereinafter designated as “clerks’ lo-cals”) and all employees performing work under the scope, terms and conditions of this contract document. this con-tract document is a part of the ilWu-Pma Pacific coast longshore and clerks’ agreement.

the parties hereto are the international of the internation-al longshore and Warehouse union and the coastwise Pa-cific maritime association. all property rights in and to the agreement, including this contract document for clerks and related classifications, are entirely and exclusively vested in the Pacific maritime association and the interna-tional longshore and Warehouse union respectively, and their respective members. in the case of the international longshore and Warehouse union, a majority of the mem-bers of both the individual and combined locals covered by the agreement shall be necessary to designate any succes-sor organization holding property rights and all benefits of the agreement, and if an election is necessary to determine a majority of both individual and combined locals in order to establish the possessors of all rights and benefits under

Scope of thiS contract Document anD Section 1 aSSignment of work to clerkS this agreement, such election shall be conducted under the auspices and the supervision of the coast arbitrator pro-vided for in section 17, provided that such designation or election is not in conflict with any paramount authority or lawful or statutory requirements.

Section 1

SCOPE OF THIS CONTRACT

DOCUMENT AND ASSIGNMENT

OF WORK TO CLERKS

this contract document, as supplemented by agreements

(Port supplements and Working rules) for the various port areas covered hereby, shall apply to all employees who are employed by the members of the association to perform work covered herein. it is the intent of this contract document to preserve the existing work of such employees. (see addenda, framework for special agreement on application of tech-nologies and Preservation of marine clerk Jurisdiction, page 180).

1.1 Within the states of california, oregon and Washington, all clerks’ work covered by this contract document is assigned to clerks with the exceptions and enlargements set forth in this section 1.

1.11 this contract document covers clerks’ work with respect to the movement of outbound cargo only from the time it enters a dock and comes under the control of any ter-minal, stevedore, agent or vessel operator covered by this contract document and covers movement of inbound cargo only so long as it is at a dock and under the control of any vessel operator, agent, stevedore or terminal covered by this contract document. in instances where an employer asserts

Section 1 Scope of thiS contract Document anD it had no control of the movement of the cargo in question, the responsibility of proving such lack of control shall be upon the employer.

1.12 When an employer desires to have clerks’ work per-

formed in the dock area, clerks shall be employed to do it.

1.13 documentation work performed by clerks as of July 1, 1978 shall continue to be performed by clerks. in the event that new documents are developed which replace existing documents, then clerks shall be assigned to perform work on such new docu-mentation. if computer remote terminals, electronic or mechani-cal devices are introduced to replace existing or new documenta-tion, then clerks shall be assigned to perform work on such new equipment for that portion of the work which is recognized as being covered by section 1. in any event, such work shall not be assigned to non-clerks off dock. (see addenda, framework for special agreement on application of technologies and Preserva-tion of marine clerk Jurisdiction, page 180).

1.131 When any work described in section 1 is per-

formed by computer remote terminals, electronic, or mechanical devices, the necessary operation of such devices shall be per-formed by clerks for only the portion of the work which is rec-ognized as being covered by section 1. the intent is to preserve the traditional work of clerks as provided by the agreement. (see addenda, framework for special agreement on application of technologies and Preservation of marine clerk Jurisdiction, page 180).

1.2 clerks’ work is described in this section 1.2:

1.21 the employers have the sole right to determine whether or not work covered by this contract document and the clerks’ Port supplement and Working rules should be performed. the mere fact that this contract document and the clerks’ Port supplements and Working rules con-tain wage classifications, job titles or definitions shall not be construed to require the employment of men in such cat-egories.

1.22 however, when any such work is to be done, em-ployees covered by this contract document, clerks’ Port sup-plements and Working rules, shall be used.

1.23 employers will not exercise their option as to wheth-er or not work is to be performed as provided in section1.21 as a subterfuge to have workers other than employees covered by this agreement perform such work. it shall be a subterfuge for an employer to assign to or arrange for others to perform work of clerks as provided by this agreement. ilWu will not use the understanding that such work to be done as described in section 1.22 as a subterfuge to require the employer to place unnecessary men on the job.

1.24 definitions of jobs within the 4 basic classifications are not to be construed to set up specialization or to restrict utilization of men, or to curtail flexibility under the contract document.

1.25 the job classifications covered by this contract doc-ument are defined as follows:

1.251 Clerk. an employee responsible for performing

any or all of the following clerical functions related to receiving, delivering, checking, tallying, yard and/or cargo area inventorying (including containers), sorting, spotting and inspecting cargo and/ or containers for the purpose of taking and recording exceptions, including the recording of necessary notations and the keeping of such records as may be required by the individual employer.

1.2511 Specific Functions. it is understood that the

following specific functions are included within the foregoing basic definition of clerk.

1.25111 the detailed language describing “spe-cific functions” which follows is not intended to be a complete listing of the clerical functions referred to in the basic defini-tion contained in the preceding paragraph; nor is such language to be construed as meaning that all or any of such specific functions shall be performed unless required by the employer;

nor shall references to tallying or checking cargo be construed to require that cargo in shipper’s package or unit loads, vans, cargo boxes, on pallets or in other containers be broken down or unloaded for tallying or checking unless required by the in-dividual employer; nor shall references to pallets, containers or other cargo equipment be construed to require that clerks need be employed in connection with the handling or moving of cargo on or in such equipment unless required by the indi-vidual employer.

1.2512 When required by the employer, clerks’

work shall include:

1.25121 receiving and spotting cargo on the dock from land or water carriers (spotting cargo on the dock shall be deemed to include the marking of dock floors); check-ing marks on cargo; measuring cargo and marking ship and dis-charge points on cargo; receiving, delivering and consolidating empty containers and chassis; delivering cargo carriers; check-ing marks on delivery order against cargo; performing clerks’ work under the terms of this contract document in connection with the handling or moving of palletized or boarded cargo or cargo in containers, or other cargo equipment.

1.25122 also, tallying cargo on the dock, or if required by the individual employer, tallying special cargo aboard vessels, segregating by ports of discharge and cargo type; spotting cargo; marking cargo by vessel, port, reference number and number of packages.

1.25123 also checking, segregating, spotting and tallying cargo from water carrier to dock or carrier on dis-charge; spotting, checking and tallying cargo to water carrier from carrier or dock on loadout.

1.25124 also weighing cargo and/or cargo con-tainers on drive-on type scales and recording weights.

1.251241 Where required by the employer, the

union agrees that clerks with necessary “Weighmaster certifi-cates” will be provided.

1.251242 Where a member company of the

Pacific maritime association has an existing bargaining rela-tionship, has granted recognition to, and has assigned the work described in section 1.25124 to a bona fide labor bargaining unit as a result of such relationships and recognition, the as-signment of such work herein to the ilWu clerks, shall not become effective unless the ilWu clerks obtain the right to represent such worker(s) or unless the ilWu clerks can as-sume such work assignment with the concurrence of such other bargaining unit and without jurisdictional work stoppages.

1.2513 clerks will perform any and all work falling under this contract classification and will shift assignments as required by the employer, who shall not put excessive or un-reasonable amounts of work on any employee, and if the union feels that the employee is being imposed upon unreasonably, the matter shall be taken up under the grievance procedure. a clerk may be upgraded during and for the balance of a shift.

1.2514 clerks’ duties shall be performed under the supervision assigned by the employer in accordance with this contract document.

1.2515 the practice of direction of supervisors by management is recognized and shall not be disturbed. the di-rection of the flow of cargo to or from a ship by supercargoes or supervisors is recognized.

1.252 Supervisor. an employee who is assigned to the

direction or supervision of the work of other clerks, but who may be assigned to other work covered by this agreement, as incidental to his other duties.

1.253 Chief supervisor. an employee who is assigned

to direct work of supervisors; provided, however, that the in-dividual employer shall have the right to determine whether or not a chief supervisor need be employed if 1 or more supervi-sors are employed.

1.254 Supercargo. an employee who supervises the

loading and/or discharging operations of a vessel, and who, as a direct representative of the employer, in conjunction with other representatives of the employer is responsible for the safe, efficient and proper handling of cargo. he shall have the authority to hire, supervise, place and/or discharge men, and shall perform such duties in accordance with the orders and requirements of his employer. a supercargo shall not do the work of clerks or supervisors, except as incidental to his other duties. the phrase “as incidental to his other duties” is defined to mean: that the supercargo is permitted to perform minor or subordinate duties of a supervisor or clerk in connection with the handling of cargo.

1.3 any questions arising as to the application or interpreta-tion of section 1 as it applies to covered work in the dock areas shall be subject to review by the Joint coast labor relations committee and shall be referred, if necessary, to the coast ar-bitrator for final resolution.

1.4 the union may at any time, in general or limited terms, waive in writing the right of clerks to do any portion of the work herein assigned to clerks or so accept an interpretation of such assignment, and to the extent and for the time that such waiver or interpretation is accepted by the association in writ-ing, the employer may assign or permit assignment of excepted work to any class of workers consistent with such waiver or in-terpretation. among the waivers and interpretations that have been made and accepted are:

1.41 - 1.44 (These Sections of the Longshore Contract Document are not applicable.)

1.45 clerks’ work with respect to the movement of cargo to or from a vessel at an industrial dock shall be defined as clerks’ work covered by this contract document and is as-signed to clerks. existing practices under which other workers perform such clerks’ work at an existing facility may be con-tinued. an industrial dock is a dock at a facility where materi-als are manufactured and/or processed and from which they are shipped or at which materials used in the manufacture or process are received, and the dock operator has a proprietary interest in such materials.

1.5 - 1.6 (These Sections of the Longshore Contract Docu-ment are not applicable.)

1.7 definitions.

1.71 the term “clerk” as used herein shall mean any em-ployee working under this contract document. (See Adden-dum, No Discrimination.)

1.72 the term “dock” as used herein shall mean any moorage - anchorage, pier, wharf, berth, terminal, waterfront structure, dolphin, dock, etc. - at which cargo is loaded to or discharged from oceangoing vessels or received or delivered by an employer covered by this agreement. the term “dock” does not include any facility at which vessels do not moor.

1.8 an employer in a port covered by this contract docu-ment who joins the association subsequent to the execution hereof and who is not a party to any conflicting clerks’ agree-ment becomes subject to this contract document.

Section 2 hourS anD ShiftS

Section 2

HOURS AND SHIFTS

2.1 the standard work shifts and work week consist of the first 8 hours on the first shift, the first 8 hours on the second shift and the first 5 hours on the third shift, monday through fri-day. Work outside the standard work shifts on monday through friday and all work on saturdays, sundays, and agreement holidays is overtime work.

2.2 meal time shall be 1 hour.

2.21 the established noon meal period shall be the 2 hours between 11:00 a.m. and 1:00 p.m. and the meal hour shall be any 1 hour within such period beginning at 11:00, 11:30 or 12:00 noon.

2.22 the midshift meal hour on the second shift shall be at either 10:00 p.m. or 11:00 p.m. in those ports whose normal starting time is 6:00 p.m. and at either 11:00 p.m. or 12:00 midnight in those ports whose normal starting time is 7:00 p.m.

in either case the 2 meal hours constitute the established meal period.

2.23 clerks may be sent to the midshift meal an hour later than the established midshift meal period when there is a late start of a vessel and an extended shift is to be worked.

2.231 When men are sent to the midshift meal an hour

later than the established midshift meal period under section

2.23 and an extended shift is not worked, the men shall be paid 1 hour extra at the overtime rate on either the first shift or the second shift.

2.24 except when released as provided in section 2.25, em-ployees shall go to midshift meals as directed by the employer under the provisions of sections 2.21, 2.22 and 2.23.

hourS anD ShiftS Section 2

2.25 When so ordered, employees shall work 6 hours

without a midshift meal on all vessels. the employees will then be released with payment for the full shift.

2.3 clerks are entitled to a 15-minute relief period around the midpoint of each work period involved, having due regard for the continuity and nature of the work.

2.31 clerks shall take their relief as directed by the em-ployer, and there shall be no abuse of such relief periods by the employees and they shall observe specified times for starting, resuming and finishing work as directed by the employer.

2.32 the granting of relief in accordance with the forego-ing sections shall not, during periods of such relief, be con-strued to amount to a reduction of manning on any operation so as to require replacement of the men on relief, provided such operation can continue to meet all protective health and safety and onerous work standards as set forth in the contract docu-ment.

2.4 the standard work shifts shall be as set forth in section 2.41.

2.41 the first shift shall start at 8:00 a.m. except that the initial start may be made later than 8:00 a.m. the second shift shall start at 6:00 p.m., provided that the Joint Port labor rela-tions committee in any port may by mutual agreement alter the second shift regular starting time for such port to 7:00 p.m.

an employer who orders clerks for the third shift may start the second shift, at the option of the employer, at 5:30 p.m. or 6:00 p.m. or at the second shift regular starting time set by the Joint Port labor relations committee. the initial start on the second shift may be made later than the regular starting time.

the third shift shall start at 2:30 a.m. or 3:00 a.m. at the option of the employer.

2.411 the term “initial start” refers to the man’s start, not the job or ship’s start.

2.42 agreed upon exceptions to the regular shift starting time because of special conditions shall continue in effect with such modifications as may be mutually agreed to by the Joint Port labor relations committee.

2.43 the first shift may not overlap the next shift for work purposes, but may overlap the next shift at a different berth for payroll purposes. the work of the second shift clerks that are sent to eat and return to work may overlap the work of the third shift clerks but only for the purpose of completing the pay guarantee. this restriction does not apply to supervisors or supercargoes.

2.431 however, for the purpose of implementing sec-tion 2.4492 work on the third shift and first shift may overlap between 7:00 a.m. and 8:00 a.m., and

2.432 for the purpose of implementing section 2.5 any work shift may overlap the following work shift.

2.44 the following are the extensions or exceptions to the standard shifts:

2.441 travel time, whether paid or unpaid, shall not be included in the work shift, except where traveling from one job to another in order to complete a shift.

2.442 a 2-hour leeway without going to a second meal or receiving meal money shall be allowed, thus extending the 8 hour shift to a maximum of 10 hours, when a vessel is required to finish in order to shift.

2.443 on the shift immediately preceding the final work shift, clerks may be required to work a maximum of 9 hours.

hourS anD ShiftS Section 2

2.444 on the final shift (day or night) clerks may be required to work a maximum of 10 hours without a second meal or meal money.

2.4441 some clerks may work the standard shift, some clerks work part of the extension and other clerks work the full extension.

2.445 a 1-hour leeway shall be allowed on the third shift, thus extending the 5-hour shift to a maximum of 6 hours.

clerks shall receive the full hour at the rate provided in sec-tion 4.153.

2.446 the standard shift shall be extended to work a vessel in case of real emergency, such as fire, or a leaking ves-sel in danger of sinking, and clerks thus employed shall go to eat when ordered to do so.

2.447 When no replacements are available to the em-

ployer in the area, clerks in their home port shall work a maxi-mum of 10 hours.

2.4471 Where clerks travel from home port to an-

other port they shall not work longer than the maximum pro-vided for in sections 2.442, 2.443 and 2.444.

2.448 an extension of up to 2 hours on any shift shall be allowed when using a floating crane to finish any heavy lift operation but shall apply only to the men involved.

2.449 dock operations.

2.4491 any dock facility may operate from 7:00 a.m. to 6:00 p.m. and from 5:00 p.m. to 4:00 a.m. at the option of the employer.

2.4492 for flexibility on dock operations, basic clerks may (1) be ordered to work for 1 full hour only prior to the start of any shift or (2) be directed to work for 1 full hour only after any shift. individual basic clerks shall be limited to a total of 9 hours on the first shift, 9 hours on the second shift, and 6 hours on the third shift. the 1 hour of work before or after the first and second shifts shall be paid at 1.5 times the straight time rate and on the third shift at 1.8 times the straight time rate.

2.45 supervisors and supercargoes may be ordered by the employer to start work prior to the normal shift starting time and also to work beyond the end of the shift.

2.451 supercargoes and chief supervisors shall be paid a minimum of 1 hour extended time prior to the start of each shift and 1 hour at the end of each shift. such extended time shall be payable in accordance with the provisions of sec-tion 4, except as provided in section 3.114. any and all work required of these categories by the employer during these ex-tended hours shall be performed.

2.452 chief supervisors shall be limited to a maxi-mum of 10 hours per shift. exception: When working a flex hour (section 2.4492) prior to the start of the shift or working an extended hour(s), chief supervisors shall be entitled to an additional hour(s) up to a maximum of 12 hours per shift. (an additional hour may be paid when voluntarily working through the meal hour.)

2.453 fifteen percent and 25% supervisory clerks shall be limited to ten hours’ pay per shift with the understanding that 15% and 25% supervisors shall report to the job one hour prior to the start of the standard shift. exception: When work-ing a flex start, voluntarily working through the meal hour, or to work an extra hour’s extended time at the end of the shift, 15% and 25% clerk supervisors shall be entitled to one hour ad-ditional pay up to a maximum of 12 hours per shift. local flex time (section 2.4492) agreements shall remain in effect.

2.5 to meet extraordinary or emergency situations, Joint Port labor relations committees may, by mutual agreement of the guaranteeS Section 3 parties, make limited exceptions to the rules in this section other than section 2.1.

2.6 clerks shall be available to the employers for 3 shifts. the employer shall determine the number of shifts to be worked and the number of clerks used on each shift. clerks will report at the shift starting time designated by the employer in accord with the contract document.

Section 3

GUARANTEES

3.1 eight-hour guarantee.

3.11 applicability and method of payment.

3.111 fully registered and limited registered clerks who are ordered to a job and who report to work and are turned to shall receive a guarantee of 8 hours’ work or 8 hours’ pay, except on the third shift where a guarantee of 5 hours’ work or 5 hours’ pay is applicable.

3.112 on the first shift, the 8-hour guarantee of work or pay shall be provided between the hours of 8:00 a.m. and 6:00 p.m.

3.113 on the second shift, the 8-hour guarantee of work or pay shall be provided within a spread of 9 hours from the normal starting time, or in the san francisco Bay area from the beginning of a late subsequent start permitted under the present provisions in the san francisco working rules. the spread is enlarged by 1 hour for a late initial start.

3.114 in the event a full shift of work cannot be pro-vided and dead time results, such dead time shall be payable at the regular hourly rate of the shift involved to which the employee is entitled under section 4.13. no penalty cargo rates shall be paid for dead time hours.

Section 3 guaranteeS

3.1141 When at least 1 hour of such dead time re-

sults, the 1 hour extended time at the end of the shift provided for in section 2.451 shall be paid for at the established shift rate.

3.115 a clerk shall have only one 8-hour guarantee in any 1 day (See Section 3.27.)

3.12 exceptions to 8-hour guarantee.

3.121 the 8-hour guarantee shall not apply in the fol-lowing circumstances:

3.1211 When clerks are neither turned to nor or-

dered to stand by (See Section 3.22);

3.1212 When clerks are turned to or ordered to stand

by and work cannot commence, continue or resume because of bad weather (such determination to be made by the employer) and the clerks are not ordered back after a midshift meal (See Section 3.23);

3.1213 When insufficient longshoremen report to

work so that the 4-hour guarantee is applicable (See Section 3.221);

3.1214 When clerks employed at selby, california, are not shifted to other operations to fill out the 8-hour guaran-tee (See Section 3.27); and

3.1215 as provided in section 3.3.

3.122 Where clerks have been ordered and fail to re-

port to work at all or on time, thus delaying the start of an operation, the time lost thereby until replacements have been provided or until the clerk has been turned to shall be deducted from the 8-hour guarantee.

3.123 When clerks are traveled and, as a result, their

starting time is later than 9:00 a.m. so that it is impossible to fill out the 8-hour guarantee between 8:00 a.m. and 6:00p.m., the guarantee shall be pay or work from actual starting time until 6:00 p.m., except for the meal hour. the same principle shall apply to a night shift start.

3.124 When hours are lost as a result of stop-work

meetings, or mutual agreement of the ilWu and Pma, such hours shall be deducted from the 8-hour guarantee.

3.125 When clerks are employed at selby, california, the employer may shift the clerks to other operations to fill out an 8-hour guarantee, otherwise the guarantee is only 4 hours. if clerks are not shifted to other work but are ordered back after a midshift meal, a second 4-hour minimum shall apply.

3.13 accompanying the obligation placed upon the em-ployers to furnish 8 hours of work each shift is the obligation on the part of the clerks to shift from one job to another when such move is ordered by the employers. subject to the pro-visions hereunder the employers shall have the right to shift clerks, and clerks shall shift as ordered.

3.131 clerks paid a differential under section 4.3 may be shifted by the employers to comparable work or to any clerks’ work without reduction in their differential rate.

3.132 the employer shall have the right to release any clerk at any time during a shift or at the end of a shift while expressly observing all provisions of the Port supplements.

3.1321 the employers have the right to order back after any shift only such clerks as they require while expressly observing all provisions of the Port supplements.

3.133 the shifting of registered and limited registered clerks shall be carried out without bumping.

3.14 rules and examples applicable to shifting clerks:

3.141 initial late start orders may be placed at the dis-patching hall to work a ship and to shift to a second ship for a late start on the second ship. clerks so ordered shall be dis-patched for the second ship, with orders to work the first ship only as a fill-in.

3.142 clerks may be ordered to shift from a job or a ship that they have completed to a late start on another job or ship. such clerks will be released at the end of the shift on the second job and may be required to work no longer than the extended hours as provided in section 2.

3.143 clerks may be ordered to shift from a job or a ship where they have not completed their original assignment to permit a late start on another job or ship, or in order to finish the second ship for shifting or sailing. these clerks may be or-dered back to their original job during that shift or for the start of the next day’s shift. if extended hours are required to permit the second ship to shift or sail, the clerks will work up to but not beyond the end of the extension provided in section 2.

3.144 clerks may be ordered to shift from a job or a ship which they have not completed but where they have run out of available work—e.g., a delay in arrival of cargo, a breakdown of equipment or a ship that fails to arrive as sched-uled—to another job or ship, and they will be ordered to return to their original job to finish it.

3.145 shifting of clerks under section 3.13 or section

3.14 may be accomplished without clearance through the dis-patching hall.

3.15 Possible adjustments in small ports:

3.151 the full provisions of the 8-hour guarantee shall prevail in all ports. in ports of 6 gangs of longshoremen or less adjustments may be made in leeway for late starts because no alternative work is available to fill out the 8-hour guarantee by mutual agreement at the local level provided there is approval by the Joint coast labor relations committee.

3.2 four-hour minimum.

3.21 clerks, other than fully registered or limited regis-tered men, who are ordered to a job and are turned to shall receive a minimum of 4 hours’ work or 4 hours’ pay.

3.22 clerks who are ordered, report for work as ordered and are ready to turn to but are not turned to shall receive the 4-hour minimum. such clerks may be required to stand by for a maximum of one-half hour within the 4-hour minimum.

3.221 When an operation cannot commence at the

designated starting time because of failure of at least the mini-mum required and properly ordered number of longshoremen to appear, then pay shall be as follows:

3.2211 clerks directly related to the operation who report for work as ordered shall be turned to. they may be released 1 hour later if the balance of the work does not com-mence or continue thereafter because of insufficient longshore-men being present. if they are so released they shall receive a 4-hour minimum in addition to the time they may have worked prior to the commencement of the shift.

3.222 When the required minimum number of long-

shoremen report and turn to as directed and work continues up to the midshift meal hour and there are longshoremen who as yet have not reported, then either the longshoremen or the employer can determine that work cannot continue thereafter.

When work ceases under these circumstances or if the em-ployer determines that the operation is not satisfactory prior to the meal hour, then the minimum pay for clerks shall be time worked or 4 hours, whichever is the greater.

3.223 When the required minimum complement of

longshoremen reports and the operation commences and can-not be continued because of refusal of longshoremen to con-tinue working with less than the required number of longshore-men, then pay shall be as follows:

3.2231 clerks shall be shifted to other work or shall be released with a 4-hour minimum.

3.23 inclement weather.

3.231 When men are ordered to stand by and work

cannot commence because of bad weather (such determination to be made by the employer), the 4-hour minimum shall apply.

any dead time resulting from bad weather shall be paid under section 3.114.

3.232 When men are turned to and work cannot con-

tinue because of bad weather (such determination to be made by the employer), the 4-hour minimum shall apply unless the men are ordered back after a midshift meal. any dead time resulting from bad weather shall be paid under section 3.114.

3.233 When men are turned to and commence work at

the start of a shift in bad weather, they shall be entitled to pay for the full shift. any dead time resulting from bad weather shall be paid under section 3.114.

3.24 (This Section of the Longshore Contract Document is not applicable.)

3.25 (This Section of the Longshore Contract Document is not applicable.)

3.26 any replacement who is not refused employment for personal cause is to be paid for time worked on his initial shift, but he shall not receive less than the remainder of the original man’s guarantee. replacements caused by industrial injury or illness shall continue to receive time worked, or a minimum of 4 hours, whichever is greater.

3.27 When clerks are employed at selby, california, they

have a 4-hour guarantee. if the employer shifts the men to oth-er operations or orders them back after a midshift meal, then the 8-hour guarantee shall apply.

3.28 a clerk who has received an 8-hour guarantee and has been dispatched from the hall to a new job shall receive an additional 4-hour guarantee for the second job.

3.3 general provisions as to guarantees.

3.31 there shall be no guarantee for any clerk who is re-leased for cause or who quits or who refuses to shift as provid-ed under section 3.13 or who loses hours as a result of ilWu unilateral action or who is not turned to where inability to turn to is a result of insufficient clerks to start the operation or who is turned to and works less than his guaranteed time by reason of illness or injury. such clerks shall be paid only for their actual working time.

3.32 When clerks are late in reporting at the designated

shift starting time on an initial or subsequent start, if they are turned to, they shall then be turned to at and paid as of the next quarter-hour; that is, the quarter-hour, the half-hour, the three-quarter hour or the even hour and time lost between the designated starting time and time turned to shall be deducted from the guarantee.

3.33 When clerks are not sent to eat before the beginning

of the second hour of the 2-hour meal period, pay for the work in the second hour shall be one-half hour if worked less than one-half of such hour and 1 full hour if worked one-half or more than one-half of such hour.

3.34 When clerks are knocked off work 6 minutes or more

after the even hour, they shall be paid to the next one-half hour and when knocked off 36 minutes or more past the even hour, they shall be paid to the end of the hour.

3.35 (This Section of the Longshore Contract Document is not applicable.)

Section 4 wageS

3.36 no rule is to be used as a subterfuge for firing clerks.

Section 4

WAGES

4.1 Wage rates.

4.11 the basic straight time hourly rate of pay for clerks shall be as follows:

effective 8:00 a.m., June 28, 2008 $31.18 effective 8:00 a.m., July 4, 2009 $31.68 effective 8:00 a.m., July 3, 2010 $32.68 effective 8:00 a.m., July 2, 2011 $33.68 effective 8:00 a.m., June 30, 2012 $34.68 effective 8:00 a.m., June 29, 2013 $35.68

4.12 all hourly rates of pay shall be as set forth in the

Wage schedule and shall be effective as set forth therein.

4.13 Work experience straight time hourly rates.

4.131 each employee, regardless of registration or non-registration status, unless exempted under section 4.132, shall be paid for work under this contract document on the basis of total worked hours in the industry accumulated since the beginning of the 1976 payroll year. the total accumulated worked hours credited to the employee at the end of the pre-vious payroll week (7:59 a.m. saturday) shall determine the employee’s appropriate straight time hourly rate according to the following table:

4.1311 Qualifying hours for pay rate status as set

forth in section 4.131 above shall include all hours for which pay is received, excluding vacation hours, paid holiday hours, and Pay guarantee Plan hours.

4.1312 at the end of each succeeding payroll week, each employee, regardless of registration or non-registration wageS Section 4 status, will be credited with any hours worked. if the new total accumulated worked hours exceeds the upper limit of the work experience hours grouping in which the employee is classified, pay for hours worked the following payroll week and succeed-ing weeks shall be based on the hourly rate of the next work experience grouping.

4.1313 all other derivative rates, such as the second and third shift rates and the overtime rates shall be calculated from the rates described in section 4.131. all skill rates appropriate to the work being performed shall be applied to the rates so derived.

4.132 all class a and class B employees registered on or before June 30, 1987 shall be exempted from the work experience requirements of sections 4.131 through 4.1313 and shall be entitled to receive the basic straight time hourly rate or rates derived therefrom.

4.14 shift rates and overtime rates.

4.141 Shift Rates: the first shift hourly rate shall be

the basic straight time hourly rate. the second shift hourly rate shall be 1.333333 times the basic straight time hourly rate. the third shift hourly rate shall be 1.6 times the basic straight time hourly rate. (See exceptions in Section 4.154.)

4.142 Overtime Rates: the overtime hourly rate shall be

1.5 times the basic straight time hourly rate on the first shift, 1.5 times the basic straight time hourly rate on the second shift and

1.8 times the basic straight time hourly rate on the third shift.

4.15 Payment of rates.

4.151 First Shift. the basic straight time hourly rate

shall be paid for the first 8 hours worked between the hours of 8:00 a.m. and 6:00 p.m. on the first shift monday through fri-day. the overtime rate (1.5 times the basic straight time hourly rate) shall be paid for work in excess of 8 hours, for work out-side the hours of 8:00 a.m. to 6:00 p.m. on the first shift mon-day through friday and for all hours worked on the first shift on saturday, sunday, and agreement holidays.

4.152 Second Shift. the second shift hourly rate

(1.333333 times the basic straight time hourly rate) shall be paid for the first 8 hours worked on the standard second shift, as set forth in section 2.41, monday through friday.

(See exception in Section 4.154). the overtime rate (1.5 times the basic straight time hourly rate) shall be paid for work in excess of 8 hours, for work outside the standard 8-hour second shift monday through friday and for all hours worked on the second shift on saturday, sunday, and agreement holidays.

4.153 Third Shift. the third shift hourly rate (1.6 times

the basic straight time hourly rate) shall be paid for the first 5 hours worked on the standard third shift, as set forth in section 2.41, monday through friday. the third shift overtime rate (1.8 times the basic straight time hourly rate) shall be paid for work in excess of 5 hours, for work outside the standard 5-hour third shift, monday through friday, and for all hours worked on the third shift on saturday, sunday and agreement holidays.

4.2 training rates of Pay.

4.21 the hourly rate of pay for training shall be the em-ployee’s straight time rate as established under sections 4.13 through 4.132.

4.3 supervisors, kitchen/tower/computer clerk, and chief supervisors and supercargoes skill rates.

4.31 Wages to be called skill rates shall be paid for the

types of work specified below.

4.311 the straight time skill rates are derived by add-ing a skill differential to the straight time hourly rate payable under sections 4.13 through 4.132.

4.312 skill rates:

Straight Time Hourly Rate Work Experience Hours Eff. 6/28/08 Eff. 7/4/09 Eff. 7/3/10 Clerk Supervisor 4,001 or more Hours $33.58 $34.08 $35.08 2,001 through 4,000 Hours $27.87 $28.23 $28.95 1,001 through 2,000 Hours $25.87 $26.23 $26.95 0 through 1,000 Hours $24.87 $25.23 $25.95 Kitchen/Tower/Computer Clerk 4,001 or more Hours $35.85 $36.35 $37.35 2,001 through 4,000 Hours $30.14 $30.50 $31.22 1,001 through 2,000 Hours $28.14 $28.50 $29.22 0 through 1,000 Hours $27.14 $27.50 $28.22 Chief Supervisor and Supercargo 4,001 or more Hours $36.98 $37.48 $38.48 2,001 through 4,000 Hours $31.27 $31.63 $32.35 1,001 through 2,000 Hours $29.27 $29.63 $30.35 0 through 1,000 Hours $28.27 $28.63 $29.35

Straight Time Hourly Rate Work Experience Hours Eff. 7/2/11 Eff. 6/30/12 Eff. 6/29/13 Clerk Supervisor 4,001 or more Hours $36.08 $37.08 $38.08 2,001 through 4,000 Hours $29.67 $30.39 $31.11 1,001 through 2,000 Hours $27.67 $28.39 $29.11 0 through 1,000 Hours $26.67 $27.39 $28.11 Kitchen/Tower/Computer Clerk 4,001 or more Hours $38.35 $39.35 $40.35 2,001 through 4,000 Hours $31.94 $32.66 $33.38 1,001 through 2,000 Hours $29.94 $30.66 $31.38 0 through 1,000 Hours $28.94 $29.66 $30.38 Chief Supervisor and Supercargo 4,001 or more Hours $39.48 $40.48 $41.48 2,001 through 4,000 Hours $33.07 $33.79 $34.51 1,001 through 2,000 Hours $31.07 $31.79 $32.51 0 through 1,000 Hours $30.07 $30.79 $31.51

4.313 the skill rates for the first shift shall be the straight time skill rate set forth in section 4.312; the skill rate for the second shift shall be 1.333333 times the straight time skill rate; the skill rate for the third shift shall be 1.6 times the straight time skill rate.

4.314 during overtime hours, the skill rates shall be

1.5 times the straight time rate on the first and second shifts and 1.8 times the straight time skill rate on the third shift.

4.32 clerks, while employed as supervisors, shall receive the clerk supervisor skill rate.

4.33 clerks, while employed as chief supervisors, su-percargoes, and vessel planners covered by a supplemental agreement (see addenda –Vessel Planning) shall receive the chief supervisor and supercargo skill rate.

4.34 any employee who now receives a higher basic wage than that provided in this contract document shall not have his salary reduced because of the contract document go-ing into effect.

4.35 clerks, while employed as kitchen/tower clerk su-pervisors, yard clerk supervisors, vessel clerk supervisors, and other such clerk supervisors who perform the same function utilizing computer equipment to direct cargo and equipment operations in the yard and against vessels shall receive the kitchen/tower/computer clerk skill rate.

4.4 Penalty cargo rates.

4.41 in addition to the basic wages for clerks’ work, ad-ditional wages to be called penalties shall be paid for the types of cargoes, conditions of cargoes, or working conditions speci-fied in the Wage rate schedule.

4.42 (This Section of the Longshore Contract Document is not applicable.)

4.43 Where 2 penalty rates might apply, the higher pen-

alty rate shall apply and in no case shall more than one penalty rate be paid.

4.44 the penalty cargo rate for the first shift shall be the straight time penalty cargo rate as set forth in the Penalty cargo list; the penalty cargo rate for the second shift shall be

1.333333 times the straight time penalty cargo rate; the penalty cargo rate for the third shift shall be 1.5 times the straight time penalty cargo rate.

4.45 during overtime hours on the first, second, and third shifts the penalty cargo rate shall be 1.5 times the straight time penalty cargo rate.

4.46 the straight time penalty cargo rate for working ex-plosives shall at all times equal the employee’s straight time rate as set forth in section 4.13.

4.47 Where a skill rate and a penalty both apply, the al-

lowance for the penalty shall be applied to the skill rate and shall be augmented for shift differentials and overtime hours as provided in this section 4.

4.48 supervisors and supercargoes.

4.481 supercargoes and ship supervisors in charge of hatch clerks will be paid penalty cargo rates when 50% or more of the hatch clerks receive the penalty cargo rate.

4.482 dock supervisors working directly against a vessel will be paid penalty cargo rates when 50% or more of the hatch clerks they are supervising receive penalty cargo rates when loading or discharging of the ship is actually in progress.

4.5 subsistence.

4.51 subsistence rates when payable shall be $90.00 per night for lodging in the first year of the contract; $95.00 in the second year of the contract; $100 in the third year of the con-tract; $110 in the fourth year of the contract; $115 in the fifth year of the contract; and $120 in the sixth year of the contract.

meal susbsistence shall be increased from $20 to $25.00 per meal in the second year of the contract, and from $25 to $30 in the fifth year of the contract.

4.511 all registrants dispatched from san francisco to work in the east Bay shall receive the $4.00 Bay Bridge toll.

this toll allowance shall be increased with any increase in the Bay Bridge toll.

4.6 mileage allowance.

4.61 a mileage allowance for transportation shall be payable to each employed traveler. the amount shall be the maximum non-taxable mileage rate in accordance with irs standards.

4.62 rate changes by the irs will be implemented as soon as administratively possible but no later than 30 days from notification.

4.63 When automobile mileage allowance is payable un-

der local travel provisions then “travel time” shall be deter-mined on the basis of actual automobile driving time, up to existing speed limits, in increments of no less than 15 minutes.

failure of the local parties to agree to a schedule on this basis shall be submitted to the area arbitrator for final determina-tion in accordance with these guidelines.

4.64 there shall be no other changes made in local trav-el provisions during the term of this agreement, except for changes made at the local level by mutual agreement.

4.7 Personal effects. clerks shall be reimbursed for damage

(other than usual wear and tear) to personal effects which are damaged on the job, provided satisfactory evidence is present-ed to the Joint Port labor relations committee. the amount of the reimbursement shall be decided by the committee, which shall adhere to the following rules:

holiDayS Section 5

4.71 Personal effects are items which a clerk needs to take

on the job to perform his work, and there must be proven need for the item on the job.

4.72 any damage must be a direct result of performing work and must be reported to company supervision on the job when it occurs.

4.73 the damaged item must be exhibited to the commit-tee for determination of the depreciation and extent of damage.

4.74 the claim must be accompanied by prima facie evi-dence that the item was damaged on the job, and negligence and carelessness are factors to be given consideration.

4.75 if reimbursement is in order, the item will either be repaired or replaced in kind or reimbursed at its depreciated value.

4.76 any second approved claim by an individual for bro-ken glasses may be reimbursed by replacement with safety-type glasses.

4.77 claims for lost or stolen items are not valid.

Section 5

HOLIDAYS

5.1 the following holidays shall be recognized: new Year’s day, martin luther king’s Birthday, lincoln’s Birthday, Wash-ington’s Birthday, cesar chavez’ Birthday, memorial day, in-dependence day, Bloody thursday, harry Bridges’ Birthday, labor day, Veterans’ day, thanksgiving day, christmas eve day, christmas day, and new Year’s eve day.

5.2 holiday observance and work schedule. the observance of holidays and the work schedule on the holidays listed in section 5.1 shall be as follows in all u.s. Pacific coast ports:

New Year’s Eve Day, december 31 and

Section 5 holiDayS

New Year’s Day, January 1—no work shall be performed be-tween 3:00 p.m., december 31 and 7:00 a.m., January 2.

Exceptions: (a) an extended shift will be worked from 3:00 p.m. to 5:00 p.m. on december 31 for the purpose of finishing a ship and (b) the provision for “no work” shall not apply to passenger ships, essential military cargo and emergencies as defined in section 5.24.

Martin Luther King’s Birthday, 3rd monday in January— normal work day.

Lincoln’s Birthday, february 12—normal work day.

Washington’s Birthday, 3rd monday in february—normal work day.

Cesar Chavez’ Birthday, march 31— normal work day.

Memorial Day, last monday in may—normal work day.

Independence Day, July 4—normal work day.

Bloody Thursday, July 5— no work shall be performed be-tween 8:00 a.m., July 5 and 7:00 a.m., July 6.

Harry Bridges’ Birthday, July 28—normal work day.

Labor Day, 1st monday in September—no work shall be performed between 8:00 a.m. on labor day and 7:00 a.m.

the day after labor day.

Exception: the provision for “no work” shall not apply to passenger ships, essential military cargo and emergencies as defined in…