Atch_3-3_2008-2014_PCLCD.pdf

PACIFIC COAST

LONGSHORE

CONTRACT

DOCUMENT

July 1, 2008 – July 1, 2014

Between

INTERNATIONAL LONGSHORE AND

WAREHOUSE UNION

and

PACIFIC MARITIME ASSOCIATION

Published June 15, 2009

Name _____________________________

Port ______________________________

Local No. ____ Reg. No. _____________

Attachment 3-3 Call 0007 ii

Pacific Coast Longshore Contract Document

TABLE OF CONTENTS

Page

PREFACE

Preface

CONTRACT SECTIONS

1 — Scope of This Contract Document and

Assignment of Work to Longshoremen 2 — Hours and Shifts 3 — Guarantees 4 — Wages 5 — Holidays 6 — Scheduled Day Off 7 — Vacations 8 — Dispatching, Registration, and Preference 9 — Promotions, Training, and Steady Skilled Men 10 — Organization of Gangs, Gang Sizes and

Manning, and Methods of Dispatching 11 — No Strikes, Lockouts, and Work Stoppages . . . 64 12 — Meetings for Registered Longshoremen 13 — No Discrimination 14 — Cranes 15 — Efficient Operations 16 — Accident Prevention and Safety 17 — Joint Labor Relations Committees, Administration of Agreement, and Grievance Procedures

18 — Good Faith Guarantee iii

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

PENALTY CARGO LIST

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) Mechanics Wage Schedule

CONTRACT SUPPLEMENTS

I — Coastwise Registration and Transfer IA— Registration/Transfer to Clerk II — Coast Provision for Transfer of Registration Between Longshore and Clerk Registered Lists iv

III — Registration and Transfer of Men from Low Work Opportunity Ports

IV— Industry Travel System

ADDENDA

Holdmen Capable of Driving Lifts In Lieu of Time Jobs of Short Duration Picket Line Language Scheduling of Meetings Guarantees, Skilled Rates for

All Longshoremen and Clerks Steady Skilled Men San Francisco Steady Skilled Men San Francisco Bay Area Crane Board San Francisco Utility Man/Lift Drivers San Francisco Local 10 Day and Night

Dock Preference Seattle Equalization of Work Opportunity for Crane Operators Los Angeles/Long Beach Crane Operators Los Angeles/Long Beach Container Yard (CY)

Equipment Board Los Angeles/Long Beach UTR Drivers Dispatch Hall Costs Employer Contribution to Longshore

401(k) Fund PMA Letter to Members Contractual Obligations Strike, Lockout, and Work Stoppage Accelerated

Grievance Procedure v

Clarifications and Exceptions to ILWU Maintenance and Repair Jurisdiction

Maintenance and Repair - Warranty Definition New Terminal Facilities M&R Work “Contract Stevedore” and Bulk

Facilities

APPENDIX

Memorandum of Understanding

Between ILWU and IBT

INDEX

Subject Index vi vii viii

PACIFIC COAST LONGSHORE

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 (here-inafter designated as “the Employers” or the “individual employer”), and the International Longshore and Ware-house Union (hereinafter designated as “the Union”), on behalf of itself and each and all of its longshore locals in California, Oregon and Washington (hereinafter designat-ed as “longshore locals”) and all employees performing work under the scope, terms and conditions of this Contract Document. This Contract Document is a part of the ILWU- PMA Pacific Coast Longshore and Clerks’ Agreement.

The parties hereto are the International of the Interna-tional Longshore and Warehouse Union and the coastwise Pacific Maritime Association. All property rights in and to the Agreement, including this Contract Document for long-shoremen, are entirely and exclusively vested in the Pacific Maritime Association and the International Longshore and Warehouse Union respectively, and their respective mem-bers. In the case of the International Longshore and Ware-house Union, a majority of the members of both the individual and combined locals covered by the Agreement shall be necessary to designate any successor 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 this Agree-ment, such election shall be conducted under the auspices and the supervision of the Coast Arbitrator provided 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

LONGSHOREMEN

This Contract Document, as supplemented by agreements (Port Supplements and Working Rules) for the various port ar-eas covered hereby, shall apply to all employees who are em-ployed 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.

1.1 Within the States of California, Oregon and Washington, all movement of cargo on vessels or loading to and discharging from vessels of any type and on docks or to and from railroad cars and barges at docks is covered by this Contract Document and all labor involved therein is assigned to longshoremen as set forth in this Section 1.

1.11 This Contract Document covers the movement of

outbound cargo only from the time it enters a dock and comes under the control of any terminal, stevedore, agent or vessel operator covered by this Contract Document and covers move-ment of inbound cargo only so long as it is at a dock and under the control of any vessel operator, agent, stevedore, or termi-nal covered by this Contract Document. In instances where an Employer asserts it had no control of the movement of the car-go in question, the responsibility of proving such lack of con-trol shall be upon the employer.

SCOPE OF THIS CONTRACT DOCUMENT AND SECTION 1

ASSIGNMENT OF WORK TO LONGSHOREMEN

1.2 Dock work provisions.

1.21 When an employer chooses to perform the following

dock work, such work is covered by this Contract Document and all labor involved therein is assigned to longshoremen:

(a) High piling cargo and breaking down high piles of cargo,

(b) Sorting of cargo,

(c) Movement of cargo on the dock or to another dock,

(d) The removing of cargo from cargo boards,

(e) Building any loads of cargo on the dock,

(f) Multiple handling of cargo,

(g) Loading and unloading of containers at intermodal rail yards on dock (as defined in Section 1.92) and near dock, (i.e., not on dock, but adjacent to an em-ployer’s on-dock container yard) under the control of any employer covered by this Contract document shall be assigned to longshoremen — exception: un-less such work at the intermodal yard has been as-signed to other workers under terms of a collective bargaining agreement. An intermodal rail yard can only be designated as an on dock or a near dock but cannot be defined as both.

1. Uninterrupted movement of containers, 365 days a year, 24 hours per day (no non-work days). (See July 1, 1996, Letter of Understand-ing.)

2. Available shift starting times: day shift 0700, 0800 and 0900; night shift 1700, 1800, 1900, 0200 and 0300.

3. Side gate and expedited gate procedures.

SECTION 1 SCOPE OF THIS CONTRACT DOCUMENT AND

4. Maximum of 10 hours for the purpose of finish-ing a train.

1.211 Carriage of cargo between docks by barge or rail

or by trucks on public roads may be assigned to longshoremen.

Exception: The intraport drayage of cargo, containers, chassis and cargo handling equipment shall be assigned, in ei-ther direction, to longshoremen whenever such drayage is be-tween an on-dock container yard (as defined in Section 1.92) and a near-dock rail yard (i.e., not on-dock but adjacent to such container yard) which is covered by this Contract Document.

1.212 When the following dock work is performed, such work is covered by this Contract Document and all labor involved therein is assigned to longshoremen:

Consolidating containers or chassis on the dock for storage or delivery purposes.

1.22 Cargo received on pallet, lift, or cargo boards, or as

unitized or packaged loads shall not be rehandled before mov-ing to ships’ tackle, unless so directed by the employer.

1.23 Any load of cargo discharged from a vessel may be

dock stored just as it left the hatch.

1.24 Any load of cargo discharged from a vessel may, in

whole or part, be rearranged if necessary for dock storage.

Such cargo shall not be considered high piled unless stored more than 2 loads high.

1.241 Newsprint in rolls shall not be considered high

piled unless stored more than 2 high, except that half size rolls (36'' or less in height) shall not be considered high piled unless stored more than 4 high.

1.25 Cargo may be removed by the consignee or his agent, without additional handling by longshoremen except for breaking down high piles and any other work as the employer may choose to have done under Section 1.21.

1.26 If jurisdictional difficulties arise in connection with

the performance of dock work, whatever jurisdictional agree-ments are reached shall not result in multiple handling.

1.27 Provisions relating to sorting or subsorting cargo to

marks shall not prohibit a drayman from taking or rearranging such already sorted cargo for the purpose of properly loading his truck.

1.28 Masonite, hardboard and similar commodities are not

high piled if the commodity is dock stored for delivery to a truck in piles not to exceed approximately 6 feet in height.

1.3 Any class of seamen in the employ of a vessel operator

may do the work herein assigned to longshoremen that such seamen in their class now do, or may do, by practice arrived at by mutual consent of the parties or the Joint Coast Labor Rela-tions Committee.

1.4 The Union may at any time, in general or limited terms, waive in writing the right of longshoremen to do any portion of the work herein assigned to longshoremen or so accept an in-terpretation of such assignment, and to the extent and for the time that such waiver or interpretation is accepted by the As-sociation in writing the employer may assign or permit assign-ment of excepted work to any other class of workers consistent with such waiver or interpretation. Among the waivers and in-terpretations that have been made and accepted are: (See Ap-pendix I, Memorandum of Understanding between ILWU and

IBT.)

1.41 The Employers have the right to have trucks come un-

der the hook to move heavy lifts, dunnage, lining material, long steel, booms, and ship-repair parts directly from truck to ship and/or ship to truck.

1.42 Longshoremen will load or discharge trucks operat-

ing in direct transfer to or from the ship and otherwise will work on trucks when directed to do so by the employer.

1.43 Teamsters may unload their trucks by unit lifts (ex-

cluding containers) or piece by piece, to the area designated by the employer at which point the trucking or drayage company or shipper releases control of the cargo. (See Section 1.8.)

1.44 Teamsters may load their trucks piece by piece from

cargo boards or with unit lifts (excluding containers) and build loads and otherwise handle cargo on their trucks or tailgates and on loading platforms and aprons. (See Section 1.8.)

1.45 The movement of cargo to or from a vessel on an in-

dustrial dock shall be defined as work covered by this Contract Document and is assigned to longshoremen. Existing practices under which other workers perform such dock work at an ex-isting facility may be continued. An industrial dock is a dock at a facility where materials 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 All machinery, equipment and other tools now or hereafter used in moving cargo and/or used in performing other work de-scribed in Section 1.1 shall be operated by longshoremen when used in an operation or at a facility covered by this Contract Document and the operation thereof is assigned to longshore-men and is covered by this Contract Document.

(a) Procedures provided for resolving disputes as set forth in Section 1.5 and subordinate subsections shall be construed in connection with the agreement of the Employers to provide skill training for longshore-men so as to minimize the grounds for exceptions listed in Section 1.54. When trained skilled long-shoremen, certified as capable of performing work now assigned by the Pacific Maritime Association member company to nonlongshoremen, are avail-able, such longshoremen will be assigned to such work, provided no union jurisdictional work stop-pages are caused and provided that such trained skilled longshoremen may be assigned to any skilled work they are capable of performing without limita-tion by reason of claimed specialization.

(b) Where Pacific Maritime Association or its member companies have existing bargaining relationships, have granted recognition to, and have assigned work to bona fide labor unions as a result of such relation-ships and recognition; or where status quo excep-tions relating to other unions are now set forth in Section 1, International Longshore and Warehouse Union will not make any jurisdictional claim or cause any jurisdictional work stoppage dispute in-volving Pacific Maritime Association or such mem-ber companies with relation to such work assignments. However, if the Union obtains the right to represent and bargain for such workers and no ju-risdictional work stoppage problems are created, the Association agrees that such exceptions regarding assignment of work to longshoremen will be elimi-nated.

1.51 The individual employer shall not be deemed to be in

violation of the terms of the Contract Document assigning work to longshoremen if he assigns work to a nonlongshore-man on the basis of a good-faith contention that this is permit-ted under an exception provided for herein.

1.52 Should there be any dispute as to the existence or

terms of any exception, or should there be no reasonable way to perform the work without the use of nonlongshoremen, work shall continue as directed by the employer while the dis-pute is resolved hereunder.

1.53 Any such dispute shall be immediately placed before

the Joint Coast Labor Relations Committee by the party at-tacking any claimed exception or proposing any change in an exception or any new exception. The Joint Coast Labor Rela-tions Committee decision shall be promptly issued and shall be final unless and until changed by the parties or that Committee.

The Committee may act on the grounds set forth in Section

1.54 or on any other grounds. Both parties agree that its posi-tion on such a dispute shall in no case be supported by, or give rise to threat, restraint or coercion.

1.54 Any such dispute that is not so resolved by the Com-

mittee within 7 days after being placed before it, may be placed before the Coast Arbitrator on motion of either party. The Ar-bitrator shall decide whether an exception should be upheld and may do so on the following grounds only:

(a) Nonlongshoremen were assigned the skilled or un-skilled labor in dispute under practices existing as of January-August 10, 1959, arrived at by mutual con-sent and as thereafter modified or defined by the par-ties or the Joint Coast Labor Relations Committee, or;

(b) Cranes are not available on a bare boat basis and rea-sonable bona fide efforts to obtain them have been made and there is no reasonable substitute crane available.

1.6 This Contract Document shall apply to the cleaning of

cargo holds, loading ship’s stores, handling lines on all vessels

(including lines handling at industrial docks), marking off lumber and logs, hauling ship, lashing, etc. (See Addenda, In Lieu Of Time.) (See Section 1.8.)

1.7 This Contract Document shall apply to the maintenance

and repair of containers of any kind and of chassis, and the movement incidental to such maintenance and repair. (See Section 1.81.)

1.71 This Contract Document shall apply to the mainte-

nance and repair of all stevedore cargo handling equipment.

(See Section 1.81.)

1.72 It is recognized that the introduction of new technolo-

gies, including fully mechanized and robotic-operated marine terminals, necessarily displaces traditional longshore work and workers, including the operating, maintenance and repair, and associated cleaning of stevedore cargo handling equip-ment. The parties recognize robotics and other technologies will replace a certain number of equipment operators and oth-er traditional longshore classifications. It is agreed that the ju-risdiction of the ILWU shall apply to the maintenance and repair of all present and forthcoming stevedore cargo handling equipment in accordance with Sections 1.7 and 1.71 and shall constitute the functional equivalent of such traditional ILWU work. It is further recognized that since such robotics and oth-er technologies replace a certain number of ILWU equipment operators and other traditional ILWU classifications, the pre-commission installation per each Employer's past practice (e.g., OCR, GPS, MODAT, and related equipment, etc., ex-cluding operating system, servers, and terminal infrastructure, etc.), post-commission installation, reinstallation, removal, maintenance and repair, and associated cleaning of such new technologies perform and constitute the functional equivalent of such traditional ILWU jobs. (See Section 1.81 and Letter of

Understanding - Clarification and Exceptions to ILWU Main-tenance and Repair Jurisdiction.)

1.73 The scope of work shall include the pre-commission

installation per each Employer’s past practice (e.g., OCR, GPS, MODAT, and related equipment, etc., excluding operat-ing system, servers, and terminal infrastructure, etc.), post-commission installation, reinstallation, removal, maintenance and repair, and associated cleaning of all present and forth-coming technological equipment related to the operation of stevedore cargo handling equipment (which term includes containers and chassis) and its electronics, that are controlled or interchanged by PMA companies, in all West Coast ports.

(See Section 1.81 and Letter of Understanding - Clarification and Exceptions to ILWU Maintenance and Repair Jurisdic-tion.)

1.731 In accordance with Sections 1.7, 1.71, 1.72, and

1.73, the maintenance and repair work on all new marine ter-minal facilities that commence operations after July 1, 2008, shall be assigned to the ILWU. New marine terminals shall in-clude new facilities, relocated facilities, and vacated facilities.

(See Section 1.81 and Letter of Understanding – Clarification and Exceptions to ILWU Maintenance and Repair Jurisdic-tion.)

1.74 PMA members and their affiliated companies shall

not engage in subterfuge to avoid their maintenance and repair obligations under this Agreement to the ILWU. Containers and chassis, owned, leased, or interchanged by a carrier control-ling, controlled by or under common control with an agency company that is a PMA member shall be deemed to be owned, leased or interchanged by that PMA member company when that equipment is on a dock.

1.75 All on dock activities associated with the plugging

and unplugging of vessels for cold ironing or its equivalent shall be performed by ILWU Longshore Division employees, except for US Flag vessels and crews as to their work on the vessel, as may be contractually assigned to them as of July 1, 2008. (See Section 1.81 and Letter of Understanding – Clarifi-cation and Exceptions to ILWU Maintenance and Repair Ju-risdiction.)

1.76 The Employers shall assign work in accordance with

Section 1 provisions and as may be directed by the CLRC or an arbitration award, which the Employers shall defend in any le-gal proceeding. PMA shall participate along with the individ-ual Employers assigning the work in any legal proceeding.

1.8 Any type of work assigned herein in Sections 1.43, 1.44, and 1.6 to longshoremen that was done by nonlongshore em-ployees of an employer or by subcontractor pursuant to a past practice that was followed as of July 1, 1978, may continue to be done by nonlongshore employees of that employer or by subcontractor at the option of said employer.

1.81 ILWU jurisdiction of maintenance and repair work

shall not apply at those specific marine terminals that are list-ed as being "red-circled" in the July 1, 2008 Letter of Under-standing on this subject. Red-circled facilities, as they are modified/upgraded (e.g., introduction of new technologies), or expanded, while maintaining the fundamental identity of the pre-existing facility, shall not result in the displacement of the recognized workforce and shall not be disturbed, unless as de-termined by the terminal owner or tenant.

1.811 This Contract Document shall apply to all move-

ment of containers and chassis under one of the following con-ditions: (a) when containers or chassis are moved on a dock from a container yard to or from a storage area adjacent to a maintenance and repair facility on the same dock, such move-ment will be made by ILWU personnel, and (b) when an em-ployer does not use a storage area adjacent to a maintenance and repair facility and the movement is directly between a con-tainer yard and a maintenance and repair facility on the same dock, such movement will be made by ILWU personnel. If there is objection by the union having contractual rights at such facility, (a) above shall be applied and ILWU personnel shall move the containers or chassis to a storage area adjacent to a maintenance and repair facility.

This Section 1.811 does not apply to: (a) movements of con-tainers or chassis to or from roadability check stations in the container yard for repairs required for over the road haulage; or

(b) movements for emergency repair and emergency mainte-nance of laden refrigerated containers.

1.82 An employer in a port covered by this Contract Doc-

ument who joins the Association subsequent to the execution hereof and who is not a party to any conflicting longshore agreement becomes subject to this Contract Document.

1.9 Definitions.

1.91 The term “longshoreman” as used herein shall mean

any employee working under this Contract Document. (See Addenda, No Discrimination.)

1.92 The term “dock” as used herein shall mean any moor-

age—anchorage, pier, wharf, berth, terminal, waterfront struc-ture, 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.

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 Friday. 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 mid-night in those ports whose normal starting time is 7:00 p.m. In either case the 2 meal hours constitute the established meal pe-riod.

2.23 Men 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, employees shall go to midshift meals as directed by the em-ployer under the provisions of Sections 2.21, 2.22 and 2.23.

SECTION 2 HOURS AND SHIFTS

2.25 When so ordered, employees shall work 6 hours with-

out a midshift meal on all vessels. The employees will then be released with payment for the full shift.

2.26 The employers have the right to relieve hatches dur-

ing meal periods.

2.3 Longshoremen 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 Men shall take their relief as directed by the employ-

er, and there shall be no abuse of such relief periods by the em-ployees 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 Agreement.

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 Re-lations 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 gangs 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 em-ployer.

HOURS AND SHIFTS SECTION 2

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 gangs that are sent to eat and return to work may overlap the work of the third shift gangs but only for the purpose of completing the pay guarantee.

2.431However, 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 shift:

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 re-quired to finish in order to shift.

2.443 On the shift immediately preceding the final

work shift, men may be required to work a maximum of 9 hours in any hatch or hatches to finish such hatch or hatches. At the end of the ninth hour, such hatch or hatches shall not be worked further before sailing.

HOURS AND SHIFTS SECTION 2

2.4431 Container Operations. On the shift immedi-

ately preceding the final work shift, men may be required to work a maximum of 9 hours to perform any work related to the loading/discharging of containers to complete a hatch covered under deck container stowage area or that area directly above.

At the end of the ninth hour, such areas shall not be worked fur-ther before sailing.

2.4432 Lash Operations. On the shift immediately

preceding the final work shift, men may be required to work a maximum of 9 hours to perform any work related to the load-ing/discharging of LASH barges to complete a vertical tier (or tiers) either below and/or above deck. At the end of the ninth hour, such tier (or tiers) shall not be worked further be-fore sailing.

2.4433 Roll-On/Roll-Off Operations. On the shift

immediately preceding the final work shift, men may be re-quired to work a maximum of 9 hours to perform any work to complete the cargo loading/discharging operation in any wa-tertight compartment or on any deck. At the end of the ninth hour, such compartment or compartments, or deck or decks shall not be worked further before sailing.

2.444 On the final shift (day or night) the men may be

required to work a maximum of 10 hours without a second meal or meal money to sail a vessel.

2.4441 Some gangs on a vessel may work the stan-

dard shift, some gangs work part of the extension and other gangs 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.

On a final third shift, gear priority is suspended at the end of 5 hours. Gangs may then be released and the remaining gang or gangs may be worked in all hatches in order to finish and shall receive the full hour at the rate provided in Section 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 men 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, men and gangs in their home port shall work a maximum of 10 hours.

2.4471 Where men and gangs travel from home port

to another port they shall not work longer than the maximum provided 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 op-eration but shall apply only to the gang and/or 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, individ-

ual longshoremen may (1) be ordered to perform any dock work for 1 full hour only prior to the start of any shift or (2) be directed to perform any dock work for 1 full hour only after any shift. Individual longshoremen 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.

2.4493 The local working rules may provide further

or different exceptions for dock work.

2.5 For flexibility on ship operations, longshoremen may be

ordered 1 full hour only prior to the start of any shift for work “other than actual handling or moving of cargo,” such as lash-ing, unlashing, rigging of ramps, covering and uncovering, rig-ging or trimming of gear and preparing equipment. The phrase “other than actual handling or moving of cargo” is intended to permit the preparation of cargo for movement to or from the vessel so long as there is no actual movement of cargo directly to or from the vessel.

2.6 To meet extraordinary or emergency situations, Joint Port Labor Relations Committees may, by mutual agreement of the parties, make limited exceptions to the rules in this Section oth-er than 2.1.

2.7 Men and gangs shall be available to the employers for 3

shifts. The employer shall determine the number of shifts to be worked and the number of gangs used on each shift. Gangs and men will report at the shift starting time designated by the em-ployer 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 men who

are ordered to a job and who report to work and are turned to shall receive a guarantee of 8 hours’ pay, except on the third shift where a guarantee of 5 hours’ work or 5 hours’ pay is ap-plicable.

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 pres-

GUARANTEES SECTION 3

ent 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 provid-

ed 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.

3.115 A man shall have only one 8-hour guarantee in

any one day (See Section 3.28).

3.12 Exceptions to 8-hour guarantee.

3.121 The 8-hour guarantee shall not apply in the fol-

lowing circumstances:

3.1211 When men are neither turned to nor ordered

to stand by (See Section 3.22).

3.1212 When men 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 men are not ordered back after a midshift meal (See Section 3.23);

3.1213 When extra longshoremen from the skilled

classifications are ordered and turned to on an operation of short duration and are not shifted thereafter to comparable work on other docks or ships and are not ordered back after a midshift meal (See Section 3.24).

3.1214 When men 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 men have been ordered and fail to report

to work at all or on time, thus delaying the start of an operation, the time lost thereby until replacements have been provided or

SECTION 3 GUARANTEES

until the man or gang has been turned to shall be deducted from the 8-hour guarantee.

3.123 When gangs 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 6:00 p.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 ap-ply to a night shift start.

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

ings, or mutual agreement of the ILWU and PMA, such hours shall be deducted from the 8-hour guarantee.

3.125 When men are employed at Selby, California, the

employer may shift the men to other operations to fill out an 8-hour guarantee, otherwise the guarantee is only 4 hours. If men are not shifted to other work but are ordered back after a mid-shift 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 men to shift from one job to another when such move is ordered by the employers. Subject to the provi-sions hereunder the employers shall have the right to shift men and gangs, and men and gangs shall shift as ordered.

3.131 A skill rated longshoreman may be shifted only

to skill rated work suitable to his qualifications. (Note: See Sec-tions 4.32 and 10.32(e).)

3.132 Employers may shift men in ship gangs to any

other work including all dock and car work.

3.133 Longshoremen working on the dock may be shift-

ed to work aboard ships and may be shifted from their original assignment on any shift to any work on docks, cars, or barges, except that longshoremen listed on port lists, as agreed by Joint Port Labor Relations Committees as men being limited to dock work, shall not be shifted to work aboard ships.

(a) This Section 3.133 as it relates to certain longshore-men being limited to dock work, is intended to im-plement reference in Coast Labor Relations Committee Meeting No. 28, December 27, 1961 concerning the preferential assignment of dock work to “men either old or disabled.” It is understood that the Joint Port Labor Relations Committees will pre-pare such lists of men who are “old or disabled,” and who consequently will not be shifted away from dock work. The Joint Port Labor Relations Commit-tees shall limit such lists to those in fact old or dis-abled and shall consider the normal volume of dock work in the port and the shifting of men from ship to dock, in order that the number of men on preferred dock assignment lists may have sufficient work op-portunity to make reasonable hours of employment.

(b) Included in such lists shall be machine operators (bull drivers) in order that such men, not necessarily filling the classification “old or disabled,” shall not be forced off machines and put to work hand han-dling cargo on dock or ship. The period of time such machine operators have been doing such work shall be the major factor to be used by Joint Port Labor Re-lations Committees in placing such men on preferen-tial lists. This Section of the Contract Document shall not be construed to mean a guarantee of work or pay if insufficient work is provided.

3.134 Employers may shift men from shovel, freezer, and calk shoe work to any other work including all dock and car work. When so shifted, the penalty cargo rate shall not prevail.

The employer may not shift men dispatched for general cargo to shovel, freezer or calk shoe work.

3.135 The employer shall have the right to peel off

gangs at any time during a shift or at the end of a shift. The re-maining gangs can work at all gears.

3.1351 The employers have the right to order back

after any shift only such gangs as are needed to finish the re-maining work. Such gang or gangs ordered back must be the gang or gangs which the employer believes in good faith have the most work to do at their gear. They may be required to fin-ish the work at the gear of the released gangs. Under such cir-cumstances the gear priority of the gangs released is suspended. Any gang peeled off under this rule cannot be re-placed at its gear by a new gang from the dispatching hall until the second subsequent comparable shift.

3.1352 Gangs ordered to work under conditions

which such gangs contend violate gear priority rules shall work as directed and claim(s) for such violation shall be presented by the union. If it is established that a gear priority violation did occur, then it will be automatic that the amount of time anoth-er gang worked in the hatch in which the gear priority violation was claimed will be paid the gang whose gear priority was vi-olated on an hour for hour basis, unless the employer on whose ship the alleged gear priority violation occurred maintains that such incident happened for reasons beyond the employer’s control. The employer may then take that position and process it through the grievance procedure to the Area Arbitrator for fi-nal decision.

3.136 The shifting of registered and limited registered

men shall be carried out without bumping.

3.137 Any gear priority rule will not prevent the shift-

ing of men and gangs for the purpose of fulfilling the 8-hour guarantee.

3.138 No “center line” and “imaginary bulkhead” or

similar practices which result in division of work among gangs shall be permitted.

3.14 Rules and examples applicable to shifting men or

gangs:

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. Men so ordered shall be dis-patched for the second ship, with orders to work the first ship only as a fill-in.

3.142 Men or gangs 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 men or gangs 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 Men or gangs may be ordered to shift from a job

or a ship where they have not completed their original assign-ment to permit a late start on another job or ship, or in order to finish the second ship for shifting or sailing. These men or gangs will be ordered back to their original job during that shift or for the start of the next day’s shift. If extended hours are re-quired to permit the second ship to shift or sail, the men or gangs will work up to but not beyond the end of the extension provided in Section 2.

3.144 Men or gangs 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 men or gangs under Sections 3.13 or

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

3.146 Gangs will have gear priority on only 1 ship dur-

ing a shift and will be released to the dispatching hall at the end of any shift in which they have completed their work on the ship on which they had priority.

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 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 Longshoremen, other than fully registered or limited

registered 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 Men and/or gangs who are ordered, report for work

complete as ordered or in the agreed minimum numbers and ready to turn to but are not turned to shall receive the 4-hour minimum. Such men and/or gangs may be required to stand by for a maximum of one-half hour within the 4-hour minimum.

Present port rules defining the number of men to start opera-tions shall apply.

3.221 When an operation cannot commence at the des-

ignated starting time because of failure of at least the minimum required and properly ordered number of men to appear, then pay shall be as follows:

3.2211 Units not filled to minimum complement as

provided in local working rules shall, if ordered by the em-ployer, stand by awaiting additional men as needed to com-plete the minimum complement of men. Such standby shall be paid for and limited to 1 hour.

3.2212 Other units or men directly related to the op-

eration 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 commence or continue thereafter because of insufficient 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.

3.2213 Where possible, units of less than the mini-

mum requirements of men shall be consolidated to provide proper complements and the men shall so combine or shift as provided by this Contract Document.

3.222 When the required minimum number of men re-

port they are required to turn to as directed by the employer and work up to the midshift meal hour. If at that time there are men who have not as yet reported, then either the men or the em-ployer can determine that work cannot proceed at any time thereafter. When work ceases under such circumstances or if the employer determines that the operation is not satisfactory prior to the meal hour then the minimum pay for all related men or units shall be time worked or 4 hours, whichever is the greater.

3.223 When the required minimum complement re-

ports and the operation commences and cannot be continued because of refusal of men to continue working with less than the required number of men, then pay shall be as follows:

3.2231 Such men or units of men refusing to contin-

ue work shall be paid on the basis of time worked.

3.2232 Related men or units of men shall be shifted

to other work, or shall be released with a 4-hour minimum.

3.2233 Such a refusal to continue work shall not be

considered a violation of this Contract Document.

3.23 Inclement weather.

3.231 When men are ordered to stand by and work can-

not 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 contin-

ue 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 result-ing 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 When an operation of short duration requires extra

longshoremen from the skilled classifications and such men are ordered and turned to, they shall have a 4-hour minimum, and can be transferred to comparable work on the original dock or ship to fill out the 4-hour minimum. (See Addenda, Jobs Of Short Duration.)

3.25 When a gang quits during the course of the 8 hours of

work or quits by refusal to work the extensions for shifting or sailing and a replacement gang is ordered from the dispatching hall then the replacement gang shall have a 4-hour minimum guarantee for that shift.

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 men 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 man who has received an 8-hour guarantee and has

been dispatched from the hall to a new job shall receive an ad-ditional 4-hour guarantee for the second job. Overtime is payable only after 8 hours of straight time work on both jobs.

3.29 Longshoremen and/or gangs who report to work as

ordered and are turned to on fishing vessels 350 feet or less length over-all, shall receive a 4-hour minimum guarantee.

Registered longshoremen ordered back after the mid-shift meal shall receive a guarantee of 8 hours. This provision does not apply to San Francisco or Los Angeles/Long Beach.

3.3 General provisions as to guarantees.

3.31 There shall be no guarantee for any man 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 men to start the operation or who is turned to and works less than his guaranteed time by reason of illness or injury. Such men shall be paid only for their actual working time.

3.32 When men 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 quar-ter-hour; that is, the quarter-hour, the half-hour, the three-quar-ter 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 men 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 men 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 The guarantees of this Section 3 do not apply to long-

shore baggagemen or linesmen or to gearmen called in on an emergency.

3.351 Guarantees applicable to longshore baggage-

men, linesmen and gearmen called in on an emergency may be adopted or modified by unanimous action of the Joint Coast Labor Relations Committee and, subject to the control of such Committee so exercised, existing and future local rules or mu-tually agreed practices shall be applicable.

3.36 No rule is to be used as a subterfuge for firing gangs.

SECTION 4

WAGES

4.1 Wage Rates.

The basic straight-time hourly rate of pay for long-shoremen 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

WAGES SECTION 4

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 ba-sis 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 previ-ous payroll week (7:59 a.m.