Atch_4_CALL_0001_CBA_.PDF

TABLE OF CONTENTS

Longshoremen’s Agreement

Clerks and Checkers Agreement

Appendix…………………………

1-1 Raspberry Letter

2-1 Superintendent Definition

3-1 Equipment Leasing Clause

4-1 Containers on Break Bulk Vessels

5-1 Policy against Harassment, Discrimination, & Retaliation

6-1 Memorandum of Understanding – Cruise Line Vessels

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CALL 0001

Attachment 4

INDEX

LONGSHORE C&C

Page Page

Base Pay

Break Bulk. ............................................................................................ 37

Containers .............................................................................................. 28

Autos ...................................................................................................... 45

Cancelling, Modifying Gangs. ................................................................... 32,39,48............79,86,95

Change in Gang Foremen. .................................................................................... 15

Deductions, Union Fees. ....................................................................................... 14

Definition, Weather Conditions. ................................................................ 32,40,49…...61,79,88,95

Definition, Work. .................................................................................................. 14

Definition, Work Week. ......................................................................................... 8

Drug Policy ........................................................................................................... 18

Election Days. ....................................................................................................... 12

Flex-time. .............................................................................................................. 31

Fringe Benefits. ....................................................................................................... 2

Gang Sizes. ........................................................................................................... 33

Break Bulk. ............................................................................................ 41

Containers. ............................................................................................. 37

Autos. ................................................................................................... 100

Gangs, Workers Added. .............................................................................. 32,40,48

Guarantees. ................................................................................................. 32,39,48...........79,87,96

Holidays ...................................................................................................... 30,38,47...........77,86,94

Insubordination. .................................................................................................... 16

Intoxication. .......................................................................................................... 18

Line Handlers. ....................................................................................................... 13

Meal Hours ........................................................................................................... 12

Break Bulk ............................................................................................. 40

Containers. ............................................................................................. 33

Autos. ..................................................................................................... 49

Ordering Gangs. .......................................................................................... 31,39,47...........79,86,95

Point of Rest. ........................................................................................................ 15

Right to Hire/Fire. ................................................................................................. 16

Shifting of Personnel. ........................................................................................... 16

Shirking of Work .................................................................................................. 16

Small Boat Agreement. .................................................................................... 33,41................81,89

Workers Ordered. ................................................................................................. 12

LONGSHOREMEN'S AGREEMENT

BETWEEN THE

SOUTH ATLANTIC EMPLOYER'S NEGOTIATING COMMITTEE

AND THE

SOUTH ATLANTIC & GULF COAST DISTRICT

OF THE

INTERNATIONAL LONGSHOREMEN'S ASSOCIATION

1. This agreement was made and entered into on the 13th day of February, 2013 between the South Atlantic Employers Negotiating Committee representing its direct employer members, hereinafter known as the party of the first part and the South Atlantic & Gulf Coast District of the International Longshoremen's Association representing its subordinate Locals, hereinafter known as the party of the second part.

Wages to become effective October 1, 2013.

2. This agreement and all Memorandums of Understanding shall be in effect until midnight

September 30, 2018, and covers all longshore work as designated herein at the ports of

Morehead City, Wilmington, Sunny Point, Georgetown, Charleston, Port Royal, Savannah, Brunswick, St. Marys, Fernandina Beach, Jacksonville, Tampa and Port Manatee.

2.(A) The Union agrees that there shall be no strikes, slow downs or work stoppages of any kind whatsoever with respect to handling perishable fruit cargoes on or off vessels, or in and out of marine terminals. This agreement includes the handling of empty pallets, containers, reefer trailers, or other devices used in transport of perishable fruit cargoes.

This Perishable Fruit Agreement shall remain in full force and effect until midnight, September 30, 2018, or until one day beyond the date that the contract between the employers and the South Atlantic and Gulf Coast District of the International Longshoremen's Association, covering container and general cargo longshore work is ratified, whichever is later, and may not be reopened for any reason prior to that time. Any increase in wages or benefits in subsequent contracts to be retro-active to effective date of said contract.

All Port Associations have the consent to negotiate with the local unions of the ILA serving each port for an agreement applicable to the port for perishable commodities.

3.(A) Wages per hour, according to job classifications, shall be in accordance with the provisions of Clause A-1, B-1 and C-1.

3.(B)(1)(A) The Employers agree to contribute into the fund for Welfare and Pension benefits for all hours for which employees receive pay the following amounts per hour effective as indicated:

Effective 10/01/13 $14.15 Container Hours

$ 11.20 Car Carrier Hours

$ 10.20 All Other Hours

Effective 10/01/14 $14.15 Container Hours

$11.20 Car Carrier Hours

$ 11.20 All Other Hours

Effective 10/01/15 $14.15 Container Hours

$11.70 Car Carrier Hours

$ 11.20 All Other Hours

The amounts above may be allocated, not only to pension and welfare, but also to any other fringe benefits, as agreed to by the local ILA and port associations in each of the ports or districts covered by this agreement, except that the MILA man hour contribution per each hour worked in each port shall be in accordance with the Master Contract effective October 1, 2012.

No other man-hour contributions shall be increased by any port or district other than the above except for (i) vacation or holiday contributions and (ii) the one dollar per hour benefit increase of October 1, 1993 (subject to paragraphs 14 and 20 of the Master Contract). No tonnage assessment (not in effect on the effective date of this Agreement) shall be imposed on

Containerization or Ro-Ro operations by any parties to this Agreement during the life of this

Agreement.

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These funds shall continue to be administered on a local basis by a Board of Six (6)

Trustees.

It is agreed that either party to the funds established under this agreement may increase the number of Trustees by mutual consent of the Trustees of the Board involved. It is further agreed that regardless of the number of Trustees on either side being unequal, the voting rights of each side shall remain equal.

3.(B)(1)(B) Container Royalty. For non-USMX members, the Employers also agree to pay into a fund for supplemental cash benefits the amounts set forth below as a royalty when loading or discharging containers which are twenty (20) feet or more in length and which have not been stuffed or will not be stripped by personnel employed under this agreement.

(a) On conventional ships, thirty-five cents (35¢) per gross ton;

(b) On partially automated ships (conventional ships converted for handling vans and containers) where not more than two hatches have been converted for the handling of containers, seventy cents (70¢) per gross ton;

(c) On partially automated ships (conventional ships converted for handling vans and containers) where not more than forty percent (40%) of the ship's bale cube has been fitted for containers, seventy cents (70¢) per gross ton;

(d) On ships where more than two hatches have been converted or fitted for the handling of containers, or where more than forty percent (40%) of the ship's bale cube has been fitted for containers, one dollar ($1.00) per gross ton;

The above fund shall continue to be administered on a local basis by a Board of Six (6)

Trustees.

It is agreed that either party to the funds established under this agreement may increase

The first and third container royalty dollars currently being paid to the local funds will be paid as per the Master Contract. The second and fourth Container Royalty dollars shall be paid to the Management-ILA Managed Health Care Trust Fund as per the Master Contract to be used for the purpose of funding the uniform managed health care program therein described.

The third container royalty, equal to the first container royalty listed above shall be paid into the same fund as the first container royalty, and administered by the same Board of six

Trustees as previously detailed. These two container royalties must be used only and exclusively for cash disbursements to the men. Terms and conditions of the disbursement to be determined by the Trustees.

The first and third container royalty dollar shall be paid to the local container royalty fund in each port or to any other fund per the Master Contract. Normal and reasonable expenses will be determined by each port for administrative expenses and container inspectors and will be paid from the container royalty fund.

Each party shall appoint three of the Trustees to administer the local funds described hereinbefore in Paragraph 3(B)(1)(A) and the first and third container royalty fund established in this Paragraph 3(B)(1)(B), to serve until they resign or are replaced by the party they represent.

The local port employer and I.L.A. representatives and the Trustees of each local container fund shall be bound by this agreement and shall have no authority to provide otherwise except that the parties agree that each port shall have the right to administer and establish by rule and regulations each container royalty fund.

Members of USMX and carriers bound to the Master Contract are responsible for paying

Container Royalty as per the Master Contract as it has been amended and extended to September

30, 2018. No Employer shall be responsible for paying or collecting any Container Royalty on behalf of USMX members or carriers bound by the Master Contract.

For Non USMX members, the Contracting Stevedore is obligated to obtain a signed agreement from the party ordering the work to be bound by this contract. Should the Contracting

Stevedore fail to obtain the signed agreement, then the Contracting Stevedore shall be held responsible for the Container Royalty and District Escrow Fund assessments.

Should the party ordering the Contracting Stevedore to perform the work fail to pay the established assessments, and not withstanding the provisions of Clause 15(A)(1), the employees shall not be required to work for the defaulting party ordering work by any Contracting

Stevedore until the debt is paid in full. Should the Contracting Stevedore fail to obtain the signed agreement, then the Contracting Stevedore shall be held responsible for the assessments.

3.(B)(2) Each employer will submit to the Local Union and the Fund Trustees quarterly reports of hours worked, individually by employee, for all work covered under this Agreement. The

Trustees shall institute whatever auditing procedures they deem necessary to verify these reports.

3.(B)(2)(A) A District Escrow Fund is established for the purpose of collecting and supplying funds for the District Vacation and Holiday Fund. The District Escrow Fund and the District

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Vacation and Holiday Fund, shall be administered by a Board of 12 Trustees. Six Trustees shall be appointed by the Unions who are party to this agreement, one of whom shall represent the

Clerks and Checkers. Six Trustees shall be appointed by Management, who are party to this agreement.

It is agreed that either party of the funds established under this agreement may increase

The Trustees of the District Escrow Fund shall also be the Trustees of the Vacation and

Holiday Fund.

3.(B)(2)(A)(1) Funding of the District Escrow Fund shall be accomplished as follows:

(a) All employers of I.L.A. personnel working under the terms and conditions of the

Deep-Sea Longshore Agreement or the Deep-Sea Clerks and Checkers Agreement, or those personnel shown in Paragraph 3(B)(4), shall pay an assessment of 61½ cents per man hour to the District Escrow Fund.

(b) Beginning October 1, 1997, the employers shall pay the tonnage and man hour assessments presently in effect for non United States Maritime Alliance Members:

$.25 per long ton on Breakbulk and Rule 1 containerized cargo

$.60 per long ton on Rule 2 containerized cargo

$.0025 per long ton on bulk cargo

$.40 per unit on passenger autos and light trucks under 4000 pounds

(c) During the life of this contract, the Employers shall not be obligated to pay any additional tonnage, man hour or other assessments to the District Escrow Fund.

(d) The collection of the assessments shall be the responsibility of the Trustees and Administrator of the District Escrow Fund and the provisions of Clause

15(A)(2) shall be followed in the collection of delinquent assessments.

(e) For Non USMX members, the Contracting Stevedore is obligated to obtain a signed agreement from the party ordering the work to be bound by this contract. Should the

Contracting Stevedore fail to obtain the signed agreement, then the Contracting Stevedore shall be held responsible for the Container Royalty and District Escrow Fund

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assessments.

Should the party ordering the Contracting Stevedore to perform the work fail to pay the established assessments, and not withstanding the provisions of Clause 15(A)(1), the employees shall not be required to work for the defaulting party ordering work by any

Contracting Stevedore until the debt is paid in full. Should the Contracting Stevedore fail to obtain the signed agreement, then the Contracting Stevedore shall be held responsible for the assessments.

3.(B)(2)(A)(2) A District Trust Fund to administer the Vacation and Holiday Fund disbursements shall also be established. It shall receive its funding from the District Escrow

Fund.

(a) 16 paid holidays to longshoremen and clerks and checkers or those personnel shown in Paragraph 3(B)(4), only who have worked 700 hours or more in the current contract year.

(For the purpose of paying the 16 holidays provided for in this paragraph, the holidays will be those as shown in Paragraph A-3 and February 12, Abraham Lincoln's Birthday;

3rd Monday in February, (George Washington's Birthday); March 17, Thomas Gleason's

Birthday; 2nd Monday in October, Columbus Day; November 11, Armistice Day);

National Election Day, one annually.)

(b) Vacations of from 1 week to 6 weeks based on the following criteria: All longshoremen and clerks and checkers who have worked:

700 hours or more in the current contract year ..................1 week vacation

700 hours or more in the 2 consecutive previous contract years .................2 weeks vacation

700 hours or more in the 6 consecutive previous contract years ................ 3 weeks vacation

700 hours or more in the 12 consecutive previous contract years ................ 4 weeks vacation

700 hours or more in the 15 consecutive previous contract years ................ 5 weeks vacation

700 hours or more in the 20 consecutive previous contract years ................ 6 weeks vacation

(c) Trustees are authorized to set such requirements as are needed to be furnished validated records from each local Pension and Welfare office within the District.

(d) The vacation and holiday benefits (which cannot exceed $25 per hour) shall be funded as follows:

a. All funds presently used for vacation and holiday benefits, including the tonnage assessment, man hour assessment, and all of the 1993 Dollars paid in the Ports of Wilmington, NC, Charleston, Savannah, Jacksonville and Tampa shall continue to be paid to the South Atlantic District Escrow Fund

(“SADEF”) to fund vacation and holiday benefits.

b. In addition to the funding described in subparagraph a. above, an amount equal to one-half (½) of the forty (40%) percent of the Container Royalties in excess of the benchmarks designated for local fund use for the Ports of

Wilmington, NC, Charleston, Savannah, Jacksonville, and Tampa, as defined in paragraph 10 of the Master Contract Memorandum of Settlement, dated

June 28, 2004 (Section E: Container Royalty Cap) will be used to pay vacation and holiday benefits.

c. After making all of the payments described in subparagraphs a. and b. above, the balance required to fund the vacation and holiday benefits (which cannot exceed $25 per hour) shall be paid by the carriers who are signatories to the

Master Contract and operate in the ports described in subparagraphs above, in whatever fashion they deem appropriate and in accordance with the

Memorandum of Settlement dated August 28, 2013 between USMX and the

International Longshoreman’s Association.

(e) Any deficit caused by a work interruption or work stoppage engaged in by the ILA shall not be made up by the carriers described in subparagraph c. above.

(f) The SADEF shall keep an annual reserve of no more than $500,000, which shall be used to pay the SADEF’s annual operating expenses.

3.(B)(3) In the event the I.L.A. shall consider supplying labor to an employer not a party to this

Agreement at conditions which would depart from the provisions of this contract, the I.L.A. shall first give advance notice of such intent to the Employers parties to this Agreement. Further, that such conditions for the particular work to be performed for an employer not bound by the

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provisions of this Agreement shall also be made applicable to the employers parties to this

Agreement for the same type of work. The employer likewise agrees to give the I.L.A. advance notice of any potential new business proposed to them which would or could result in a departure from this Agreement. In the event the employers should enter into an agreement with any other local of the I.L.A. containing terms more favorable than those set forth herein for the performance of work covered by this contract, such terms shall automatically apply to employees covered under this Agreement.

No employer shall engage in a double breasted operation.

Management personnel, or other non-bargaining unit personnel of an employer shall not be permitted to perform any of the work traditionally performed by employees covered by this agreement.

All Port Associations and the local unions of the ILA operating in the South Atlantic

District may negotiate among themselves for an agreement, on a case by case basis, to compete with non-union companies on cargoes and for any new cargoes or service which is not in competition with any other South Atlantic port. (This paragraph to be re-written as agreed to by

ILA and Management.) Each port in the South Atlantic District will be notified.

3.(B)(4) Personnel working under I.L.A. contracts other than the I.L.A./SAENC Deep-Sea

Longshore and the Deep-Sea Clerks and Checkers Agreements and who are presently participating in the Pension and Welfare Funds, the Container Royalty Funds and the Vacation and Holiday Funds of the District Escrow Fund, as well as new personnel in the same job classifications as those presently participating who may subsequently be working under an I.L.A.

Contract may participate in such Funds, provided the employers of such personnel have signed

Agreements with the Trustees of such Funds agreeing to make the contributions specified in the

I.L.A./SAENC Agreements and abide by the terms and conditions of the Trust Agreements covering such Funds. No employees shall receive benefits from the Funds that exceed the benefits set forth in the I.L.A./SAENC Deep-Sea Longshore and Deep-Sea Clerks and Checkers

Agreements.

4.(A) The work week will begin at 7:00 A.M. on Monday and will end at 7:00 A.M. on the following Monday. A day is defined as the 24-hour period commencing at 12:01 A.M. and ending at 12:00 Midnight.

5.(A)(1) A differential of 20 cents (20¢) per hour in straight time and 30 cents (30¢) per hour in overtime will be added to the rates specified in Clause A-1, B-1 or C-1 (whichever is applicable) when the following commodities are handled:

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Asbestos Fiber

Bone Meal

Bones in Bulk

Calcium Nitrate (Not Calcium Ammonium Nitrate)

Carbon Black

Caustic Soda

Cement in Bags or Bulk

Chloride of Lime

Coal

Coke

Copper Sulphate in Bags

Creosoted Materials

Crude Iodine

Cyanamide

Feather Meal

Fish Meal and Fish Scrap

Grain in Bulk and Dunnaging Over Grain

Green Salted Hides

Guano, Bird and Whale

Insecticides, including but not limited to D.D.T., Cotton Dust or Toxaphene, Packaged in Paper Bags or Paper Drums

Magnestie

Meat Meal and Meat Scrap

Methylparathion

Paris Green

Peat Coke

Peroxide

Phthalic Anhydride

Powdered Arsenic

Phosphorous, Yellow

Salt Cake

Soda Ash

Sulphur and Dunnaging Over Sulphur

Tankage

Tecmangam

Tetra Tetra Ethyl Lead

Tin Scraps in Bales

Treated Lumber Products (Not Creosoted) When Loaded at Creosote Plant

5.(A)(2) A differential of 50 cents (50¢) per hour in straight time and 75 cents (75¢) per hour in overtime will be added to the rates specified in Clause A-1, B-1 or C-1 (whichever is applicable)

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when the following commodities are handled:

Castor Meal Expeller Oxalic Acid

Castor Pumice Sodium Dichromate (Sodium

Bulk Tuna Bichromate)

Ammonium Nitrate Antimony Trioxide

5.(A)(3) When the commodities listed above in Clauses 5(A)(1) and 5(A)(2) are handled, all personnel in the gang including Gang Foreman, Winchmen, Hatchtenders, Holdmen, Hookmen, Dockmen and Equipment Operators servicing the hatch will receive the applicable differential specified. Furthermore, whenever the gang is employed solely on one or more of the commodities listed above in Clauses 5(A)(1) and 5(A)(2), the employees shall be paid the applicable differential for any time they may be engaged in rigging, opening or closing the hatch.

5.(B)(1) A differential of 25 cents per hour in straight time and 37½ cents per hour in overtime will be added to the rates specified in Clause A-1, B-1 or C-1 (whichever is applicable) for work performed in refrigerator compartments, refrigerator holds, refrigerator containers, refrigerator trucks or refrigerator cars whenever cargo is being handled that has been or will be carried at temperatures below 32 degrees Fahrenheit. When handling refrigerated cargo in conjunction with ice, the same differential will apply while handling such cargo and while handling the ice. These differentials will be paid to all employees working in the gang.

5.(B)(2) Gangs ordered for work on refrigerated cargo will be notified in advance in order that they may secure sufficient clothing. In the event employees are not so notified prior to reporting for work that they will be handling cargo that has been or will be carried below 32 degrees

Fahrenheit, they shall not be required to handle such cargo.

5.(C)(1) All personnel assigned to ship loading or discharging explosives or radioactive material of a type requiring a U.S. Coast Guard Permit handled over or at explosive facilities, including linehandlers when they are required to stand by, will be paid double the straight-time or overtime rate (whichever is applicable) as specified in Clause A-1, B-1 or C-1 (whichever is applicable).

Small arms ammunition and firecrackers shall not be construed as explosives.

5.(C)(2) When personnel at other than explosive facilities such as Sunny Point or St. Mary's are working a vessel which contains explosives, other than commodities such as small arms ammunition or firecrackers, all employees, including dockmen, and linehandlers when they are required to stand by, working the vessel will be paid at double the straight-time or overtime rate

(whichever is applicable) as specified in Clause A-1, B-1 or C-1 (whichever is applicable)

Explosive pay only applies to personnel working the vessel which contains explosives in all ports other than Sunny Point and St. Mary’s. All other port practices remain the same.

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5.(D) A differential of 30 cents per hour straight-time and 45 cents per hour overtime will be added to the rates specified in Clause A-1, B-1 or C-1 (whichever is applicable) for personnel working in water. This applies to washing down holds but not to items covered by Clause 6.

5.(E) A differential of 25 cents per hour in straight-time and 37½ cents per hour in overtime will be added to the rates specified in Clause A-1, B-1 or C-1 (whichever is applicable) for Winchmen and Hatchtenders employed at hatches where cargo is being handled over exposed deck loads of creosoted materials.

5.(F) A differential of 50 cents per hour in straight-time and 75 cents per hour in overtime will be added to the rates specified in Clause A-1, B-1 or C-1 (whichever is applicable) for personnel actually working in the holds where equipment powered with internal combustion engines is in use. The provisions of this clause are waived when adequate blowers are in use. Adequate blowers shall meet the requirements of Paragraph 1504.93 of the Federal Safety and Health

Regulations for Longshoring. The Management representative assigned to the ship shall have the necessary equipment and ability to check the carbon monoxide levels in any hold of the vessel.

5.(G) None of the differentials provided for above shall be paid unless the personnel are so employed for fifteen minutes or more of continuous work.

6. For handling cargo damaged by fire or water or oil, where such damage causes unusual distress or obnoxious conditions, or where such damage results in cargo being in unnatural form to the extent of causing unusual distress or obnoxious conditions, double the straight-time or overtime rate specified in Clause A-1, B-1 or C-1 (whichever is applicable) shall be paid to all personnel in the gang. For handling cargo where obnoxious odors are present and these obnoxious odors are not inherent in the type of cargo, double the straight-time or overtime rates specified in Clause A-1, B-1 or C-1 (whichever is applicable) shall be paid to all personnel in the gang. Damaged cargo rates shall not be paid when sound cargo is handled from such compartments when the obnoxious conditions no longer prevail. Damaged cargo rates shall not be paid for handling wet cargo if the cargo has dried out sufficiently so that no unusual distress is caused and no obnoxious conditions prevail.

7.(A) When vessels are worked because of fire or where property is in danger on any of the four

"no work" holidays, double the straight-time rates as specified in Clause A-1, B-1 or C-1

(whichever is applicable) will be paid. Where such work is under the conditions specified in

Clause 6, double the overtime rates as specified in Clause A-1, B-1 or C-1 (whichever is

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applicable) will be paid.

7.(B) On election day when employees go to work at 7:00 A.M. or 8:00 A.M. starts they must be relieved by 5:00 P.M. to have time to vote. Employees reporting for work on 1:00 P.M. starts will vote prior to reporting for work. Employees may be let off or staggered to accommodate the ability for all personnel to have time to vote. Employees will return to work at 7:00 P.M. with the continuation of the original order if so required.

8.(A) The phrase "PERSONNEL ORDERED" as used herein is understood to apply only to new orders. It is not considered a new order when employment is interrupted solely due to meal periods or where employees are shifted between job classification or job locations by an employer. In the event employees are not kept on the payroll but are released by an employer and ordered back for a subsequent starting time, it is considered a new order.

8.(B) Any work remaining to be done at 7:00 A.M. after gangs have worked through the night from 7:00 P.M. the previous evening shall normally be done by fresh gangs called out to start work at 7:00 A.M. as replacements for the night gangs. However, the night gangs shall continue to work beyond 7:00 A.M. whenever:

(a) Qualified fresh gangs are not available, or

(b) The work remaining to be done at 7:00 A.M. is not more than four hours - personnel working beyond the four hours shall be paid at an applicable guarantee - on container ships, a person working past 11:00 A.M. will get 8 hours guarantee from 8:00 A.M. that morning; on general cargo, break bulk and bulk ships, a person working through the night and past 11:00 A.M. will be guaranteed four hours from 11:00 A.M., or

(c) In the event rain or mechanical failure during the night prevents a vessel that would have completed with the night gangs from finishing, the Union agrees to furnish emergency gangs if the employer places the order at or before 7:00 A.M.

9. PORT LIMITS (LOCAL ISSUE)

10. Personnel shall be paid on a 30 minute basis and when they work 5 minutes or more of any 30 minute period they shall be paid for the full 30 minutes.

11.(A) The following meal hours are to be observed:

Breakfast..............................6:00 A.M. to 7:00 A.M.

Mid-Day Dinner.................12:00 Noon to 1:00 P.M.

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Supper..................................6:00 P.M. to 7:00 P.M.

Midnight Lunch..................12:00 Midnight to 1:00 A.M.

11.(B) Notwithstanding previous clauses in this Agreement the following provisions for personnel handling lines will apply:

(a) Line handlers may be ordered for starts on any day of the year, at any hour of the day or night provided they receive a minimum notice of 4 hours.

(b) When line handling is required for docking, undocking, or shifting of ships on any of the 4 "NO WORK HOLIDAYS" specifically New Year's Day, Independence Day, Labor

Day and Christmas Day, double the straight-time rate will apply.

(c) Personnel ordered to handle lines shall be paid a minimum of 4 hours time at the applicable rate as specified in Clause A-1, B-1 or C-1 (whichever is applicable) with running time thereafter, but no person may be required to handle lines more than twice during his/her 4 hours guarantee. A minimum of 4 employees shall be used for tying up vessels and 2 employees for letting go the lines.

(d) Personnel engaged in the handling of lines during any of meal hours specified in

Clause 11(A) shall be paid at overtime rates specified in Clause A-1, B-1 or C-1

(whichever is applicable) for that hour. It is agreed that employees may not be removed from cargo gangs during meal periods to handle lines when the gang is to resume cargo work after the meal period.

11.(C) Employers will make arrangements to furnish drinking water in a sanitary manner to the employees on the ship and on the dock. Ice water and sanitary drinking cups will be supplied by the employer. A Waterboy will be furnished at the prevailing rate as specified in Clause A-1, B-1 or C-1 (whichever is applicable) when 25 or more employees, including dockmen, are employed in the loading or unloading of a vessel or on more than one vessel when located in adjacent berths when worked by the same company. It is understood and agreed the person so employed shall be classified and designated as a Waterboy whose primary duty shall be to provide drinking water and cups as required above. Though the Waterboy may perform other incidental duties, such duties shall not be allowed to interfere with his/her primary duty. Water containers to be periodically steam-cleaned. The designated Waterboy must present a clean and healthy appearance at all times and he/she must possess a health card.

12.(A) A weekly payroll shall apply in all South Atlantic ports.

12.(B)(1) Subject to the limitations of applicable State and Federal laws, the Employer agrees to deduct from the wages of the Employees working under this Agreement National, District and

Local Union Fees and contributions to the I.L.A./AFL-CIO Committee on Political Education, provided, however, that there first be presented to the Employer, a signed, dated and witnessed authorization of the employee authorizing such deductions from his/her wages and authorizing payment of the same directly to the appropriate entity. Such authorization shall contain such employees' Social Security number.

12.(B)(2) The Employer agrees to make remittances on a weekly basis seven days following the payroll of the amounts deducted from employee's wages. An Administrative fee of 2% of the check-off will be deducted by the Employer. The National and District Union Fees to be sent to

I.L.A. headquarters in New York, New York; Committee on Political Education Union Fees to be sent to I.L.A. headquarters in New York and the balance of the Union Fees sent to the office of

Local I.L.A. Should an employee revoke the Authorization, the Employer further agrees to immediately notify the Local I.L.A. office.

12.(B)(3) The South Atlantic & Gulf Coast District of the I.L.A. agrees to defend, indemnify and save the Employers harmless against and from all claims, demands, suits or other forms of liability that arise out of or by reason of action taken or not taken by the Employer in reliance upon or compliance with any provision of this Clause 12.

13.(A)(1) Longshore work is to cover all labor used in connection with loading or discharging ships, barges or other floating craft. It will include personnel engaged in handling cargo to or from point of rest or to or from cars or trucks when handled direct to or from ships. It will include all operators of mechanical equipment used in such operations, including cranes owned by Stevedore Contractors when qualified operators are available, provided, however, that this shall not require the Employers to alter any existing practices. When a Stevedore Contractor introduces new mechanical equipment he must endeavor to train personnel presently in the industry to operate such equipment. It will also cover sorting, coopering or reconditioning of cargo when performed in connection with stevedoring work; the handling of ships' stores when not carried by hand up the gangway; the handling of baggage to and from ships' deck of passenger vessels, all mail, dunnaging (excluding bulk separations), rigging (excluding rigging for heavy lifts) and the following operations when vessel is alongside dock; cleaning of cargo areas aboard ship, lashing and securing cargo and the fitting and dismantling of fittings. It will also include gearmen (not mechanics) when assigned to ships; the operation of permanently mounted shipboard cranes and winches, and the handling of lines when performed by stevedores. It also includes opening and closing of hatches on conventional-type vessels with tween decks when working general cargo.

13.(A)(2) The point of rest referred to in Clause 13(A)(1) is defined as follows on general cargo:

(a) On cargo to be loaded aboard ships, that point or place in the pier or wharf area or in the transit shed within the ship's berth where cargo is assembled prior to loading aboard ships.

(b) On cargo to be discharged from ships, that point or place in the pier or wharf area or in the transit shed within the ship's berth where cargo is placed upon completion of discharge from ships.

(c) On cargo other than bulk commodities landed directly from the vessel to trucks or rail cars for movements only within the terminal area to ground storage, the point of rest is that point within the terminal area where the cargo is grounded.

13.(B)(1) The Employer shall give due regard to the following factors:

1. Protecting the safety and health of all personnel employed in the operation.

2. Regulating stevedoring operations to best accomplish the safe, efficient and orderly movement of cargo.

3. Utilizing modern methods and equipment in the interest of avoiding unnecessary manual labor. Where this is implemented with the result that there will be a change in the operations the Employer will discuss his intentions in advance with the Union to enable both parties to agree on the most efficient operation.

4. Making the best use of skilled manpower in the light of the above consideration.

It is distinctly understood and agreed that the Union has the privilege of bringing to the attention of each Employer any practices which the Union feels are not in accord with the spirit of the foregoing. The Employers hereby agree to promptly investigate and give careful consideration to all suggestions and recommendations from the Union in the light of the objectives set forth above. If such procedure still fails to satisfactorily dispose of any such questions, they shall be resolved through the arbitration procedure set forth in Clause 15.

13.(C) Each Employer shall give preference in employment to the gangs which work regularly for him and agrees to divide his work as fairly as possible among such regular gangs in accordance with local custom. When employing extra gangs the Employer is to choose the gang best qualified from those available, but is to give due consideration to suggestion from the Union.

When it becomes necessary for the Employer to make a change in Gang Foremen he must consult with the Union at least one week prior to his selection. It is incumbent on the Employer to

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consider the Union's suggestions, and to make every effort to designate a person who is agreeable to both parties.

13.(D)(1) Where hardship is claimed by Union and/or Management because of unreasonable or burdensome conditions or where work methods or operations materially change in the future, the problem shall first be discussed between the Local and Management involved. In the event an agreement cannot be reached, either party may refer the dispute to the Joint Negotiating

Committee and if the matter cannot be resolved by that Committee, either party may then refer the question to an arbitrator in accordance with the procedure set forth in Clause 15(B).

13.(D)(2) There shall be no interference with the Employer's right to shift personnel from hatch to hatch, ship to ship, dock to ship or ship to dock so long as the number of employees shifted from any gang does not reduce the Gang structure below the minimum required as determined by the class of cargo being handled by the gang. In no event shall employees be shifted from any gang for the purpose of opening, closing and rigging a hatch to which the entire gang has not been assigned.

The Employer also reserves the right to hire and discharge. It is recognized that the

Employer has the right to utilize personnel in any combination of job classification for which they are qualified, providing that they receive the pay rate of the highest job classification in which they are employed during their work shift.

13.(E) Neither party shall uphold incompetency, shirking of work, insubordination or the use of abusive language and personnel guilty of these offenses shall be dealt with as circumstances require.

Persons guilty of misconduct offenses shall be dealt with as follows:

1. PILFERAGE

The I.L.A. Locals parties hereto agree to make every effort to prevent pilferage or broaching of cargo, and any person found guilty of such broaching, or pilfering or knowingly having broached or pilfered cargo in his/her possession, will be disciplined as follows:

PENALTIES:

First Offense - Sixty (60) days suspension from work through any and all I.L.A. Hiring

Halls covered under this Agreement.

Second Offense - Ninety (90) days suspension from work through any and all I.L.A.

Hiring Halls covered under this Agreement.

Third Offense - Permanent suspension from work through any and all I.L.A. Hiring Halls covered under this Agreement.

2. VIOLENCE

(A) Display or Possession of Weapons

When anyone employed under the terms of this Agreement, or in the exercise of any official capacity under the terms of this Agreement, is found guilty of displaying or knowingly possessing a dangerous weapon at any facility normally considered a work place under this Agreement, the following penalties shall apply:

First Offense - Sixty (60) days suspension from employment through any and all I.L.A.

Hiring Halls and from acting in such official capacity under the terms of this Agreement.

Second Offense - Ninety (90) days suspension from employment through any and all

I.L.A. Hiring Halls and from acting in such official capacity under the terms of this

Agreement.

Third Offense - Permanent suspension from employment through any and all I.L.A.

(B) Physical Assault With a Dangerous Weapon

Anyone employed under the terms of this Agreement, or in the exercise of any official capacity under the terms of this Agreement found guilty of deliberately physically assaulting another individual with a dangerous weapon at any facility normally considered a work place under this Agreement, shall be immediately and permanently suspended from employment through any and all I.L.A. Hiring Halls and such official capacity covered under the terms of this Agreement.

(C) Battery

"Battery" - When anyone employed under the terms of this Agreement or in the exercise of any official capacity under the terms of this Agreement is found guilty of beating or using physical violence on a person, without that person's consent, the following penalties shall apply:

Offenses which occurred more than three (3) years prior to the date of an offense, shall not be considered in determining the appropriate misconduct penalty for the latest offense.

3. INTOXICATION

When anyone employed under the terms of this Agreement or in the exercise of any official capacity under the terms of this Agreement is found guilty of being intoxicated at any facility normally considered a work place or bringing intoxicants on the premises at any facility normally considered a work place under this Agreement, the following penalties shall apply:

Offenses which occurred more than three (3) years prior to the date of an offense, shall not be considered in determining the appropriate misconduct penalty for the latest offense.

4. POLICY ON DRUGS

PURPOSE: The South Atlantic Employer's Negotiation Committee and the South Atlantic and

Gulf Coast District, International Longshoremen's Association, and its affiliated locals from

Wilmington, Sunny Point, Morehead City, Charleston, Georgetown, Savannah, Brunswick, Jacksonville, Tampa and Port Manatee recognize that the state of an employee's health affects his/her job performance, the kind of work he/she can perform, as well as an individual's opportunity for continued employment. The Parties also recognize that drug abuse ranks as one of the major health problems in the world. It is the intent of this policy to provide guidelines for consistent handling of drug situations throughout the South Atlantic.

POLICY: The Parties are concerned with those situations where use of drugs interferes with an employee's health and job performance, adversely affects the job performance of others, or is considered to be detrimental to the marine cargo handling business. There is no intent to intrude upon the private lives of employees.

Early recognition and treatment of chemical dependency problems is important for successful rehabilitation; economic return to the industry, and reduced job disruption. The Parties support sound drug abuse treatment and rehabilitation efforts, and it is agreed that constructive disciplinary measures may be utilized to provide motivation to seek assistance. Normal industry benefits, such as the group medical plan, in many cases are available to give help in the rehabilitation process.

EARLY RECOGNITION:

For the purpose of interpretation it is agreed by all parties that for any employee to be eligible for treatment and rehabilitation under the "Policy on Drugs" he must first be eligible for the benefits. Employees not covered for benefits must pay all expenses for rehabilitation.

LEGAL DRUGS:

The use of any legally obtained drug to the point where such use adversely effects the employee's job performance, is prohibited. This prohibition covers arriving on the work premises with detectable levels of any drug which adversely affects the employee's job performance, including the use of prescribed drugs under medical direction. Where the physician-directed use of drugs adversely affects job performance, it is the best general interest of the employee, co-workers, and the industry that employees stay home.

It is hereby specifically understood that violations involving alcohol shall continue to be handled in accordance with Paragraph 13(E)(3) of the Collective Bargaining Agreement.

It is also agreed that under clause 13(E)(3) of the present Collective Bargaining

Agreement the blood alcohol level to be used in determining if an employee is intoxicated shall be that level established by law in the state involved.

When an individual is tested for alcohol and their alcohol level is .04 or above, up to the state limit, that person will be knocked off for the remainder of the day. No charges will be filed for intoxication.

ILLEGAL DRUGS:

Illegal drugs, for the purpose of this policy, include (a) drugs which are not legally obtainable and

(b) drugs which are legally obtainable but have been obtained illegally.

The sale, purchase, transfer, use or possession of illegal drugs, as defined above, by employees on the work premises or while on employer business is prohibited. Arriving on the work premises with detectable levels of any illegal or illegally obtained drugs is prohibited. This prohibition applies to any and all forms of narcotics, depressants, stimulants, or hallucinogens whose sale, purchase, transfer, use, or possession is prohibited or restricted by law.

POLICY ENFORCEMENT:

A drug test may be required upon reasonable notice made through the Maritime

Association whenever work place factors give good faith reason to question the ability of an

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employee to properly and safely perform his/her job and whether drugs may be a factor. These factors may include physical appearance, behavior, or other job-related circumstances. Tests shall also be required for new employees (e.g., Stabilization and Decasualization Criteria), employees with safety sensitive jobs (e.g., Manpower Development), after on the job accidents and after evaluation or treatment for substance abuse.

PENALTIES FOR VIOLATING POLICY:

Any person found in violation of this policy regarding illegal drugs or who refuses to submit to a drug test, refuses to sign the required consent form or post treatment agreement shall be removed from the job and be suspended from employment through any and all Hiring Halls for a period of ninety (90) days. A second offense shall result in permanent suspension from employment.

When it is determined that an employee is suffering from a drug abuse problem, efforts will be made to assist the employee in seeking proper treatment and rehabilitation using available resources.

Anyone found guilty of possession, use of, or other dealings in narcotics or other illegal substances (other than drugs which have been prescribed by a licensed physician) while employed under the terms of any Collective Bargaining Agreement between the Parties or any

Memorandum of Understanding, or any other Agreement between the Parties shall be immediately suspended from employment for a period of ninety (90) days.

Anyone found guilty of providing a urine specimen to another person who is being drug tested or interfering in the testing process will be penalized as follows:

First Offense............7 days suspension from work

Second Offense........14 days suspension from work

Third Offense...........30 days suspension from work

Under the provisions of the "Policy On Drugs” any person found in violation for the first time of the "Policy" who seeks and receives treatment through a recognized and accredited rehabilitation center will be allowed to return to work when in the opinion of the personnel at the treatment center involved that individual is ready to return to work. But under no circumstances will the individual be allowed to return before thirty (30) days.

A written statement from the treatment center involved stating that the individual has satisfactorily completed treatment will be required before returning to work.

Any individual who does not complete the required treatment program will not be allowed to return to work until the required ninety (90) day suspension has been completed.

Individuals who do not obtain treatment as described above will be suspended for ninety

(90) days. A second offense shall result in permanent suspension from employment.

A refusal to be tested shall be grounds for immediate discharge and immediate suspension from employment through any and all Hiring Halls for period of ninety (90) days. A second violation or offense shall result in permanent suspension from employment.

It is understood and agreed that all of those actively working under the terms of any

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