Atch_08a_AALA_2015-2020.pdf

ILWU

All Alaska Longshore

Agreement

2012 – 2015 2015 - 2020

HTC711-15-R-R020 Alaska S&RTS Attachment 08a

INDEX

Section Page

Additions to Registered & “B” Lists……………………………………… 20.4 49 Alaska Area Registration………………………………………………… 2.4 13 Alcohol & Drug-Free Policy Appendix G……………………………….. 71 Arbitrator………………………………………………………………… 11.64 40 Arbitration Guidelines Appendix F……………………………………... 69 “B” Men…………………………………………………………………. 20.22 48 Casual Workforce LOU No. 11…………………………………………. 86 Coffee Time……………………………………………………………... 3.2 19 Coverage……………………………………………………………….... 1 4 Definitions (Terms)……………………………………………………... 1.7 10 Delinquent Employer Contributions……………………………………. 16.1 45 Discharge………………………………………………………….……. 13 44 Discrimination (Non)…………………………………………………… 22 50 Dispatch Hall Personnel………………………………………………… 2.2 12 Dispatching……………………………………………….………….…. 20.3 49 Disputes (Terms of Agreement)……………………….……………….. 1.52 9 Disputes (General) …………………………………………………… 11 38 Dock & Terminal Work Provisions……………………...…………….. 1.2 4 Drayage (Off-Terminal) Appendix E………………………...………… 67 Effective Date………………………………………………………….. 21.1 50 Efficient Operations…………………………………………………….. 7.6 34 Election Days…………………………………………………………… 6.4 30 Good Faith Observance……………………………………………….… 19.1 47 Grievance Procedure …………………………………………..……….. 11 38 Hatch Gang Agreement Appendix C………………………..…………. 63 Hiring…………………………………………………………………... 2.0 11 Holidays………………………………………………………………… 6 28 Hours of Work—General…………………………………….…………. 3.1 19 Injuries…………………………………………………….………….. 4.8 23 Joint Port Labor Relations Committee…………………………….…. 11.61 39 Leaves of Absence…………………………………………………..… 2.7 16 Lines Handling…………………………………………………………. 1.3 6 Local Working, Safety, and Dispatching Rules……………………….. 10 37 Maintenance & Repair Agreement…………….………………………. 23 51 Manning Review………………………………………………………. 7.31 33 Meal Periods…………………………………………………………… 8 36

Section Page

Minimum Gang………………………………………………………… 7 30 Nullification Attempts………………………………………………….. 18 46 Occupations Covered…………………………………………………... 2.87 18 Overtime Rate………………………………………………………….. 4.4 21 Payroll Reports………………………………………………….……… 17 46 Penalties -- Drunkenness……………………………………………….. 11.894 42 Penalties -- Pilferage…………………………………………………… 11.892 42 Penalties – Smoking………………………………………….………… 11.894 42 Penalty Cargo Rates………………………………….………………… 4.22 21 Pension Appendix B………………………………...…………..……… 61 Pension Plan…………………………………………………………..… 15 45 Preference of Employment…………………………………………….... 2 .8 17 Registration……………………………………………………………... 2.3 13 Registration Procedure…………………………………………….……. 20 47 Registration Process State Wide LOU No. 11………………………….. 86 Reporting Time…………………………………………………………. 7 30 Safety Code……………………………………………………………... 9 36 Security Clause -- Union……………………………………...………… 2 11 Seniority………………………………………………………………… 20.1 47 Skill Differentials………………………………………………………. 4.6 22 Straight Time Rate……………………………………………………... 4.4 21 Subsidiary Working Forces…………………………………………..… 20.2 48 Supplemental Agreement Appendix D………………………………… 66 Travel………………………………………………………………….. 2.9 18 Terms of Agreement………………………………………………….... 21 50 Time and One-Half Overtime Rate…………………………………….. 4.5 21 Transfers……………………………………………………………….. 2.4 13 Unit Cargo……………………………………………………………… 7.72 35 Vacations……………………………………………………………….. 5 23 Visiting…………………………………………………………………. 2.6 15 Wages…………………………………………………………………… 4 20 Wage Schedules Appendix A…………………………………………… 60 Welfare Plan…………………………………………………………….. 14 44 Working Rules All Ports……………………………………………….. 12 43 Working Rules -- Status of………………………………………………. 10 37

ALL ALASKA

LONGSHORE CONTRACT

PREAMBLE:

This Agreement effective July 1, 2012 July 1, 2015 through June 30, 2015 June 30, 2020 is entered into by and between the International Longshore and Warehouse Union, Alaska Longshore Division, for and on behalf of each of its longshore Units in Alaska (hereinafter referred to as the “Union” ), and the Alaska Maritime Employers Association and other Alaska longshore employers separately signatory hereto, (hereinafter designated as the “Employers”)

WITNESSETH:

SECTION 1. COVERAGE

The provisions of this Agreement shall apply to the handling of cargo and its transfer from vessel to first place of rest, and vice versa, and shall cover:

1.1 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, ferries 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 Provided this Agreement covers movement of outbound cargo from the time it enters a dock and comes under the control of any terminal, stevedore, agent or vessel operator covered by this Agreement and covers movement of inbound cargo only so long as it is at a dock and under the control of any vessel operator, agent, stevedore, or terminal covered by this Agreement

1.12 On all operations, stuffing and unstuffing of containers shall be work covered by this contract in the Port Area. (See Section 1.8).

1.2 Dock and Terminal Work Provisions:

1.21 When an employer chooses to perform the following dock and terminal 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) "Cargo" shall include all containers, material or equipment of any nature at or departing from the dock, terminal or warehouse, except material or equipment brought for installation, construction or maintenance of the dock, terminal or warehouse.

1.22 However, when the Employer chooses to perform any such work, it is work covered by the Agreement and is assigned to longshoremen, except as otherwise stated in this Paragraph.

1.23 Cargo received on pallet, lift or cargo boards, or as unitized or packaged loads shall not be rehandled before moving to ship's tackle, unless so directed by the Employer.

1.24 Any load of cargo discharged from a vessel may be dock stored just as it left the hatch.

1.25 Cargo may be removed from dock by 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 1.21.

1.26 If jurisdictional difficulties arise in connection with the performance of dock work, whatever jurisdictional agreements are reached shall not result in multiple handling.

1.27 The signatory parties agree that at all existing (prior to July 1, 1993) Alaskan outports and beachheads, other than regular docks and terminals, that are beyond the limits of regular ports, including the Arctic and Aleutian chain, where bargaining unit longshore-type personnel are utilized, the Employer's practices will continue as in the past. (See Letter of Understanding No. 2 & 3 hereto attached.)

1.28 Whenever the Employer is developing a new operation at a new outport or beachhead where longshore-type personnel will be utilized, they shall notify the Union reasonably in advance (one month if possible) such that the proposed operation may be mutually negotiated, recognizing that ILWU longshoremen are available to participate in this work. (See Letters of Understanding No.2 & 3 hereto attached.)

1.29 Work identified in Sections 1.27 and 1.28 above that is assigned to longshoremen covered by this Agreement will not result in duplication or displacement of job positions previously assigned under other contractual agreements honored by the respective employer.

1.291 In the instance where an agreement may be reached under Sections 1.27 and

1.28, where the Employer transports longshoremen to a site, those longshoremen shall work under the terms of that Agreement.

1.3 Lines Handling

1.31 Cargo Vessels

(a) There shall be a separate dispatch for lines handling and a four-hour minimum will apply for tying up and casting off of lines on all cargo vessels, except when the practice is to cast off on a continuous operation.

(b) Unless the lines handling is to be in conjunction with cargo operations for the same Employer, then actual time worked will be the minimum paid.

(Subsection (b) Does not apply to ocean-going vessels in excess of seven thousand (7,000) tons dead-weight.)

(c) Early starts, penalty hours and meal hours shall not apply to lines handling unless the lines handling is an extension of cargo work time. (see section 6.13)

(d) Tying up and casting off of tankers and cargo vessels will be subject to past practices.

(e) One member of the lines gang will be dispatched as the gang boss and will work as a line handler.

(f) Either party to this Agreement may reopen this Section if a safety factor in docking arises.

(g) There will be no minimum call out after midnight in conjunction with lines work dispatched prior to midnight or before 0600 hours.

(h) It is understood that these manning provisions are for minimum gangs and if conditions warrant additional men, they shall be dispatched in harmony with the provisions of this agreement. When vessels utilize wire rope for mooring purposes, the Employer agrees to provide, whenever possible, mechanical assistance to haul the wire. If not possible or, if mechanical assistance is not available, the Employer will coordinate with the vessel to arrange that lines are deployed in a manner that will allow the other members of the gang to assist in hauling the wire, or employ two (2) additional men to assist in taking of lines. If mooring wires are used, the employer will provide or recommend to the vessel that a messenger line of adequate length and diameter will be used.

(i) Minimum line gang shall be:

(1) 100-300 feet, two (2) longshoremen, four (4) hours to tie up and two (2) longshoremen, two (2) hours to let go.

(2) 301-550 feet, four (4) longshoremen, four (4) hours for both tie up and let go.

(3) 551 feet and above shall be six (6) longshoremen, four (4) hours to tie up, and four (4) longshoremen, four (4) hours to let go.

(4) If Factory Trawlers or Catcher Processor vessels require or need line handlers, the employer will use ILWU labor; (3) longshoremen, two (2) hours to tie up; and two (2) longshoremen, two (2) hours to let go.

(5) Other vessels ( less than 7000 tons) used in intercoastal trade will be subject to past practice.

1.32 Tour Ships

(a) On vessels between 180' and 380', two men will be utilized for the tie up and they will be paid a four hour minimum. For cast off, two men will be utilized and they will be paid a two hour minimum.

(b) For vessels 380' and longer, six (6) men will be utilized for tie up and they will be paid a four hour minimum. For cast off, four (4) men will be utilized and they will be paid a two hour minimum.

(1) For cruise ships calling at "turn around ports of call", defined as those port calls where a majority of passengers disembarking are different from those who are subsequently embarking for departure, a cast-off of four (4) men will be utilized and they will be paid a four (4) hour minimum, inclusive of four (4) hour benefits contributions.

(c) One member of the lines gang will be dispatched as the gang boss and will work as a line handler.

(d) At facilities where the employer provides a line's boat, it is agreed that the operator of the boat will be part of the lines gang called for on that particular operation and will be paid the same as the other members of the gang.

(e) On all two hour call-outs for the casting off of tour ships, a four hour benefits package will be paid and equivalent qualifying hours will be credited to the respective plans, i.e. Health & Welfare, Pension, Vacation, & Holiday.

(f) Early starts, penalty hours and meal hours shall not apply to lines handling unless the lines handling is an extension of cargo work time.( see section 6.13)

(g) It is understood that these manning provisions are for minimum gangs and if conditions warrant additional men, they shall be dispatched in harmony with the provisions of this agreement. When vessels utilize wire rope for mooring purposes, the Employer agrees to provide, whenever possible, mechanical assistance to haul the wire. If not possible or, if mechanical assistance is not available, the Employer will coordinate with the vessel to arrange that lines are deployed in a manner that will allow the other members of the gang to assist in hauling the wire, or employ two (2) additional men to assist in taking of lines. If mooring wires are used, the employer will provide or recommend to the vessel that a messenger line of adequate length and diameter will be used.

(h) There shall be a separate dispatch for lines handling for tying up & casting off of lines on all tour vessels, except when the practice is to cast off on a continuous operation.

(i) There will be no minimum call out after midnight in conjunction with lines work dispatched prior to midnight or before 0600 hours.

(j) Either party to this Agreement may reopen this Section if a safety factor in docking arises.

1.33 The parties shall agree on a statewide line handling standard for ferries of the

Alaska Marine Highway System (by name) to ensure that all employers have equal work opportunity.

1.34 When lines gangs are utilized the minimum lines gang compliment shall perform the placing and removal of shore side gangways and platforms, unless determined otherwise by port working rules.

1.4 The Employers have the right to have trucks come under the hook to move heavy lifts, dunnage, lining materials, long steel, booms, and ship repair parts directly from truck to ship and/or ship to truck. Longshoremen will load or discharge trucks operating in direct transfer to or from the ship.

1.41 Consignee, shipper or their agent may load or unload their trucks by unit lifts (excluding containers) or piece by piece to or from the area designated by the Employer. (See Section 1.8)

1.42 The Employers are free to handle cargo at industrial docks in accordance with industrial dock practices used in the past.

1.43 The movement of cargo to or from a vessel on an industrial 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 existing 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.

1.44 A qualified longshoremen shall operate a boomboat when it is utilized within a log raft alongside the ship being worked.

1.5 All machinery, equipment and other tools now or hereafter used in moving cargo and/or used in performing other work described 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 longshoremen and is covered by this Contract Document.

(a) Subject to the exceptions noted in 1.53.

1.51 The individual Employer shall not be deemed to be in violation of the terms of the

Agreement assigning work to longshoremen if he assigns work to non-longshoremen on the basis of good-faith contention that this is permitted 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 non-longshoremen, work shall continue as directed by the J.P.L.R.C. while the dispute is resolved hereunder.

1.53 Any such dispute may be placed before the Alaska Arbitrator on motion of either party. The Arbitrator shall decide whether an exception shall be upheld and may do so on the following grounds only:

(a) Non-longshoremen were assigned the skilled or unskilled labor in dispute under practices existing as of October 1, 1959, arrived at by mutual consent and as thereafter modified or defined by the parties;

(b) Tools are not available on a bareboat basis and reasonable bona fide efforts to obtain them have been made and there is no reasonable substitute tool available.

1.6 This Agreement shall apply to cleaning cargo holds, loading ship stores, handling lines (including lines handling at industrial docks), marking lumber and logs, hauling ship, lashing, handling baggage, etc. (See Section 1.8.)

(a) "In lieu of time" payments made as a result of work performed by crew members, the present method of payment shall continue except that a four

(4) hour minimum payment shall be applicable as set forth in Section 1.6.

1.61 This Contract Document shall apply to the maintenance and repair of all stevedoring cargo handling equipment, containers of any kind and of chassis, and the movement incidental to such maintenance and repair. (See Section 1.8)

1.7 Definitions

1.71 The term "longshoreman" as used herein shall mean any person working under this Agreement.

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

1.73 Wherever the word "ship" appears in this contract it applies equally to "vessel."

1.74 “Terminal” includes any marine container or marine cargo handling yard where the cargo being handled involves the first or last place of rest of that cargo from or to a vessel. (see section 1)

1.75 Unless specifically identified, when the word “registered” appears it shall mean both registered and limited registered.

1.8 Any type of work assigned herein in Sections 1.12, 1.41, 1.6, 1.61 and to longshoremen that was done by non-longshore employees 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 non-longshore employees of that Employer or by subcontractor at the option of said Employer.

1.81 An Employer in a port covered by this Contract Document who is signatory to this agreement or joins the Association of Employers signatory hereto subsequent to the execution becomes subject to this Contract Document. Employers working a port covered by this agreement, must sign this agreement.

1.82 Section1.8 provides that subcontracting of work covered by Section 1.61 & 1.62 may be continued pursuant to a past practice that was followed as of July 1, 1978. However, before a subcontractor change is made the employer shall first discuss the intended change with the Union, keeping in mind the Union wants and has an obligation to try to secure this work for the ILWU longshore workforce.

1.9 For the purpose to this Agreement an ILWU Port is Ketchikan, Metlakatla, Klawock, Wrangell, Sitka, Juneau, Haines, Seward, Cordova, Valdez, Whittier, Homer, Kodiak, and Dutch Harbor, Adak, Nome and Akutan (for the Port of Akutan; see LOU #19).

SECTION 2. HIRING, DISPATCHING, REGISTRATION AND PREFERENCE

2.0 Union Security Clause

(a) All present fully registered employees who are members of the Union on the date of execution of the Agreement, shall remain members of the Union in good standing as a condition of employment.

1) All present fully registered employees who are not members of the Union on the date of execution of the Agreement, shall become and remain members of the Union in good standing as a condition of employment.

2) The Union hereby agrees to indemnify the Association and each member of the Association against any award, judgment, loss or expense arising out of a legal claim made against the Association or any company that is a member of the Association by a registered longshoreman or clerk, described in this Section, because of deregistration or denial of full work opportunity at the request of the Union or any Union local pursuant to the provisions of this Section.

(b) Any employee who becomes fully registered during the life of the

Agreement shall, thirty (30) days thereafter, become and remain a member of the Union in good standing as a condition of employment.

(c) A fully registered employee who, thirty (30) days after said registration, has failed to acquire or thereafter maintain membership in the Union as here provided shall be removed from the registration list and deregistered thirty (30) days after notice from the Union that he is not a member in good standing.

(d) A member, for purposes of this Section, shall be considered In “good standing” if he makes timely tender of the periodic dues, and initiation fees uniformly required as a condition of becoming and remaining a member in the Union

2.1 Dispatching Halls.

2.11 The hiring and dispatching of all longshoremen shall be through halls maintained and operated jointly by International Longshoremen’s and Warehousemen’s Union and the Employer as set forth in this Agreement. There shall be one central dispatching hall in each port. All expenses of the existing dispatching halls shall be paid by the local union, and the wage of the dispatcher(s) shall be paid by the Employer as provided by local port rules. Labor will not be dispatched to non-signatory employers.

2.111 Dispatchers as selected under the provisions of this Section shall be “working” dispatchers unless mutually agreed otherwise by the JPLRC. The Employer shall pay the “working” dispatcher a minimum of two (2) additional hours at the prevailing rate at call time for each dispatch except one (1) hour at the prevailing rate when dispatching two (2) men or less.

2.12 Any longshoreman who is not a member of the Union shall be permitted to use the dispatch hall only if he pays his pro rata share of the expenses related to the dispatch hall, the Labor Relations Committee, etc. The amount of these payments and the manner of paying them shall be fixed by the Joint Port Labor Relations Committee.

2.13 Longshoremen not on the registered list shall not be dispatched from the dispatching hall or employed by any Employer while there is any man on the registered list qualified, ready and willing to work.

2.14 The employer shall pay to the Union the sum of $1.00 per dispatch per longshoreman, such payment to be made on a monthly basis to the local union dispatch hall fund, effective the date of ratification.

2.2 Dispatch Hall Personnel.

2.21 The personnel for each dispatch hall, with the exception of Dispatchers, shall be determined and appointed by the Joint Port Labor Relations Committee of the Port. Dispatchers shall be selected by the Union through elections in which all candidates shall qualify according to standards prescribed and measured by the Joint Port Labor Relations Committee of the Port. If the JPLRC fails to agree on the appropriate standards or on whether a candidate is qualified under the standards, the dispute shall be decided in accordance with provisions of Section 11.

2.22 The term of office of any Dispatcher shall be at least one (1) year, unless otherwise determined by the Joint Labor Relations Committee.

2.23 All personnel of the dispatch hall, including Dispatcher, shall be governed by rules and regulations of the Joint Port Labor Relations Committee, and shall be removable for cause by the Joint Port Labor Relations Committee.

2.24 The Employer shall be permitted to maintain a representative in the dispatch hall.

The Joint Port Labor Relations Committee shall permit any authorized representative of the Employer or the Union to inspect dispatch hall records.

2.3 Registration.

2.31 The Joint Port Labor Relations Committee (JPLRC) subject to final approval by the Alaska Registration Committee (ARC), which shall be comprised of the same representatives that serve on the Alaska Area Committee (AAC), shall exercise control over registration lists in that port

2.32 The JPLRC in each port, when considering making additions or subtractions to the port’s registration list, shall document the current and the projected work opportunity available to the port’s registered list, the JPLRC shall agree to the number of employee(s) to be added. The documentation which justifies the number of employee(s) agreed to by the JPLRC shall be submitted to the ARC for review and final approval or disapproval, prior to the identification of any employee(s) to be registered. Upon approval of the documentation submitted to the ARC, the JPLRC shall identify the employee(s) to be registered. The members of the JPLRC shall be required to give reason thereof, when objecting to the registration of any employee.

2.33 Either party may demand additions to or subtractions from the registration lists as may be necessary to meet the needs of the industry.

2.4 Alaska Area Registration and Transfer.

2.41 Any longshoreman who is properly registered by the Alaska Registration

Committee and a Joint Port Labor Relations Committee in accordance with this agreement shall thereby acquire joint Alaska Area registration under the All Alaska Longshore Agreement and shall be issued a statewide registration number.

2.5 Transfers of Longshoremen Between Ports.

2.51 A Class “A” longshoreman having fully registered status as a Class “A” longshoreman may transfer to another port as a fully registered Class "A" longshoreman at such port, provided:

(a) The Joint Port Labor Relations Committee at the former home port determines that transfer is warranted on a basis of work opportunity or that there are compelling reasons for letting him transfer despite the need for him at that port from which he seeks to be transferred;

(b) The Joint Port Labor Relations Committee of the port to which transfer is made, by applying the usual rules, finds there is an opening available for him on the list of the port and approves him for transfer of registration.

2.52 A request to transfer may be denied by the Joint Port Labor Relations

Committee of the port from which transfer is sought if the longshoremen is needed at that port or if he has not had a satisfactory record at that port.

2.53 No longshoreman shall be eligible for transfer who within a year of the application has been the subject of major discipline.

2.54 A request for transfer may be denied by the Joint Port Labor Relations

Committee of the port to which the man seeks to transfer.

2.55 No fully registered longshoreman shall be entitled to transfer under these provisions until he has held such status for at least one year.

2.56 Hereunder, a fully registered longshoreman may transfer only to fully registered status as a longshoreman in another port. The place of the transferred man on the Class A list of the port to which he transfers shall be determined by his total Class A and Class B registered time as compared to such time of those on the Class A list of the port to which he transfers.

2.57 Fully registered longshoremen having less than one year of such status and limited-registration men may apply for inclusion on the limited-registration list of another port and consideration shall be given to the work availability record under this Contract in taking action on such applications. An application of such a longshoreman for limited registration in the second port shall be considered without discrimination based upon his failure to be a resident of the port to which application is made, provided the Joint Port Labor Relations Committee of the port where he has limited registration certifies to the Joint Port Labor Relations Committee of the port where application is made that the applicant has a fully satisfactory record as a longshoreman in the port where registered and that there is no reason to interfere with his transfer which is deemed sufficient by the Joint Port Labor Relations Committee. In considering the application of a limited-registration longshoreman from another port, consideration may be given to his employment, provided the favorable certification referred to above is submitted by the Joint Port Labor Relations Committee where he has been registered.

2.58 Special consideration shall be given to registered longshoremen from low work opportunity ports.

2.6 Visiting

2.61 Fully registered longshoremen shall be freely accorded visiting privileges subject to the manpower needs of their home port and the port to be visited as more specifically set forth below.

2.62 Permission to leave a home port can be granted only by action of the appropriate

Joint Port Labor Relations Committee acting under this Agreement. One who leaves his home port without Joint Port Labor Relations Committee approval shall be subject to being called back when needed and to deregistration if he then fails to make himself available at his home port.

2.63 Permission to leave to visit need not be granted if there is so much work in the home port that nonregistered longshoremen must regularly be used.

2.64 Permission to leave to visit shall be conditioned on the obligation to return to the home port at any time after thirty (30) days when it appears that nonregistered longshoremen are being regularly used in the home port.

2.65 The period of time away from the home port, and other conditions on being away on visit, shall be determined by the Joint Port Labor Relations Committee of the home port.

2.66 A registered longshoreman away from his home port shall have his eligibility for benefits determined on the basis of the number of hours actually worked under this Agreement.

2.67 A man who has fully-registered longshoreman status under this Agreement may, if he has been granted leave by his home port to visit, be permitted to visit at another port covered by this Contract upon receiving the approval of the Joint Labor Relations Committee of the port he wishes to visit; provided that the Joint Port Labor Relations Committee of the port visited shall determine (1) whether or not visiting longshoremen will be accepted from other ports under this Agreement, (2) the conditions under which they shall be accepted, provided that there shall be at all times a condition imposed by the basic Agreement that any visitor-longshoreman may lose his visitor rights at any time upon proper notice,

(3) the length of time any visitor shall be permitted to remain in the port, (4) in what category or categories of work, and (5) whether or not a visitor longshoreman may work in a gang.

2.68 Any fully registered longshoreman having visitor status hereunder shall be given work opportunity equal to that of fully registered men at the port visited.

2.69 A visitor shall not be dispatched until his application for visitor status, to which there is attached a copy of his leave from his home port to go on the visit, has been submitted to the Employer and the local Union in the port being visited and preliminary approval of the visit has been given by a Local Joint Port Labor Relations Committee.

2.610 Preliminary approval of the visit shall be given automatically and immediately if

(1) a certificate of leave to visit issued by the Joint Port Labor Relations Committee of the home port is presented, (2) the Joint Port Labor Relations Committee of the port being visited has agreed that visitors may be accepted at the time the application is submitted and (3) the applicant has sufficient time as a registered longshoreman as may be required.

2.611 Final action on a visitor application shall be taken no later than the second regular Joint Port Labor Relations Committee meeting after the application has been submitted. Thereafter the visitor shall have rights to work in the visited port only if the application is approved by both parties or by action of the arbitrator.

An application may be denied if the man has a poor work or availability record at any one or more ports under this Agreement, or if he does not satisfy the requirements therefore.

2.612 No longshoreman shall be granted leave to visit while there is a trade dispute affecting the work of longshoremen in the home port. Representatives of either party may refuse to agree to such leaves except on such conditions as it deems are appropriate.

2.613 No visiting privileges need be accorded limited registration men, but if there is a shortage of registered longshoremen in any port, temporary visiting privileges shall be accorded to registered and limited-registration men from low opportunity ports, and may be accorded to registered and limited-registration men from other ports where the Joint Port Labor Relations Committee of the port of registration agrees to permit such visiting by its limited-registration longshoremen.

2.614 Special consideration may be given to registered longshoremen from low work opportunity ports.

2.7 Leaves of Absence.

2.71 A leave of absence for a registered longshoreman can be granted only by action of the Joint Port Labor Relations Committee.

2.72 The Joint Port Labor Relations Committee shall give a leave of absence on request for the period of any employment by the Union, or longshore local, or for the period of any joint employment.

2.73 Port rules may be established with respect to the period of leaves of absence, reasons for which they may be granted, procedures for obtaining leaves, etc.

2.74 A longshoreman who fails to work for thirty days, except when on approved leave, may be deregistered, provided circumstances justify deregistration and he is found guilty by the Joint Port Labor Relations Committee.

2.75 Notwithstanding the provisions of Section 2.74, a longshoreman who fails to make himself reasonably available on an annual basis may be subject to deregistration by the J.P.L.R.C.

2.751 A longshoreman will not be unreasonably denied by the J.P.L.R.C. a leave of absence in excess of thirty (30) days.

2.76 Leaves of absence in excess of ninety (90) days may be granted at the discretion of the J.P.L.R.C. on a case-by-case basis. To be eligible for a leave of absence in excess of ninety (90) days, a longshoreman shall have worked in the port for at least one year and shall make written request for an extended leave from the J.P.L.R.C..

2.761 An individual returning to work after an indefinite JPLRC approved leave of absence granted under this section shall return to the same class of registration he or she held at the time the leave of absence was granted (e.g.-Class A Longshore, Class “B” longshore,etc.) and shall not gain any additional registration or dispatch rights by reason of his or her leave of absence.

2.8 Preference of Employment.

2.81 First preference of employment and dispatch shall be given to fully-registered longshoremen who are available for employment in any of the occupations covered by this Agreement in accordance with the rules and regulations adopted by the Joint Port Labor Relations Committee. A similar second preference shall be so given to limited registered men.

2.82 Work preference shall be in the following sequence of employment considering the possible skill needed in each case:

1. Home Port Class A and Class B registered and jointly authorized visitors.

2. Registered Longshore Gangs/Units or men ordered to travel by the employer.

3. Class A and Class B Registered individuals voluntarily traveling.

4. Unauthorized registered longshoremen visitors.

5. Casuals

2.83 Dispatching of men and gangs shall be under the principle of low-man, low-gang, first-to-be-dispatched except where local dispatching rules provide otherwise for dispatching of special skilled men and gangs.

2.84 There shall be no favoritism or discrimination in the hiring or dispatching of any longshoreman qualified and eligible under the Agreement.

2.85 Any longshoreman or dispatch hall employee found guilty by the Joint Port Labor

Relations Committee of favoritism or discrimination or bribery shall immediately be discharged and dropped from the registration list.

2.86 The Joint Port Labor Relations Committee shall determine the methods of dispatching for the port. Gangs and longshoremen shall be dispatched only as ordered by the Employer. The Employer shall have the right to have dispatched to them, when available, the gangs in their opinion best qualified to do their work including Haz Mat drivers. Subject to the provisions of this Agreement, gangs and longshoremen not assigned to gangs shall be so dispatched as to equalize their work opportunities as nearly as practicable having regard to their qualifications and seniority (where applicable) for the work they are required to

do. The employers shall be free to select their longshoremen within those eligible under the policies jointly determined and the longshoremen likewise shall be free to select their jobs.

2.87 The following occupations shall be included under the scope of the Agreement:

Longshoremen, gang bosses, hatch tenders, dock tender, winch drivers, boom men, side runners, sling men, lift truck drivers, crane operators, straddle buggy operators, front end loaders, bulldozer operators aboard ship, mechanical bulk cargo loaders, tractor drivers, boom-boat dozer-boat operators, top-pick operators and checkers and any other person doing longshore work as defined in this section and covered by the provisions of this Agreement.

2.9 Travel

2.91 The provisions of the All Alaska Longshore Agreement relating to the rights, and limitations of registered longshoremen to travel or visit a port or ports other than their own, shall be adhered to. Persons wishing to participate in this travel reimbursement program must have approval of the JPLRC in their home port and the visiting port.

2.92 A registered longshoreman who travels from his home port to another Alaskan port during the course of a calendar year, shall be reimbursed for the cost of his round trip transportation, provided:

(a) He works at least two hundred (200) hours in the port(s) to which he traveled.

(b) Qualifying hours for travel reimbursement for low-work opportunity port(s) may be reduced.

2.93 The total amount of reimbursement due shall not exceed the cost of coach round trip air fare via commercial airlines. In the event travel is by other than air, reimbursement will be made for documented gas, meals, and lodging expenses for the longshoremen only, provided such expenses do not exceed the cost of coach round trip commercial air fares.

2.94 A longshoreman may be reimbursed for no more than two (2) trips per calendar year under this section.

2.95 Hours worked in one (1) or more ports during the course of the calendar year may be accumulated for the purpose of qualifying for reimbursement. In the event a longshoreman does work in more than one port during the calendar year, reimbursement shall be made for the cost of traveling direct to the port in which he earned his two (200th) hundredth hour.

2.96 All Employers shall contribute on a per man hour basis to a Travel Fund.

Reimbursement shall be made by the Fund subject to verification by the JPLRC of the port to which the longshoreman traveled to fulfill his obligations under Section 2.91.

SECTION 3. HOURS OF WORK

3.1 The basic, normal or regular workday and workweek consist of the first six (6) hours worked between 8:00 a.m. and 5:00 p.m. Monday through Friday. Work outside such basic, normal or regular work day or work week is overtime work.

All work on Agreement holidays is overtime work.

3.11 Early starts and flex-starts shall be permitted.

3.12 When Longshoremen are ordered for an early start, they shall receive the overtime rate of pay for the entire shift on the same job. (This does not apply to Section 1.3 (c) regarding lines handling.) Men dispatched for a flex-start at 07:00, or 06:00 for steady-men when supporting gangs, shall return to straight time rate of pay at 08:00 Monday through Friday (exceptions are observed holidays)

3.121 On any start between 5:00 p.m. and 12 midnight that continues working past 8:00 a.m. the overtime rate of pay shall prevail.

3.2 Coffee time for longshoremen shall be as follows for all vessels where it is standard practice and shall be limited to fifteen (15) minutes at about 10 a.m., about 3 p.m., about 9 p.m. and about 3 a.m. It is understood that these times are approximate and coffee time may be postponed not to exceed fifteen (15) minutes to permit departure of the vessel, in which case pay shall continue to the next half hour. It shall not be the obligation of the Employer to furnish coffee or to insure availability thereof. The intent of the coffee time provisions is to establish a maximum break of fifteen (15) minutes in the work period.

3.21 On all line haul vessel operations of 51 moves or more a continuous operation shall occur in the Ports of Dutch Harbor and Kodiak. Compensation for coffee breaks for longshoremen shall be as follows:

The employer will pay an additional half hour at straight time or overtime pay for each coffee period worked to be added to the end of each individual’s shift.

Penalty time shall not apply. Unit coffee breaks for Dutch Harbor and Kodiak shall be discontinued.

3.22 In the ports of Dutch Harbor and Kodiak, in the event of a three (3) hour shift, longshoremen may go to meal fifteen (15) minutes early, unless to sail a vessel.

There shall be no additional pay other than normal pay associated to this fifteen

(15) minutes time added to the meal. If longshoremen continue to work up to three (3) hours without a coffee break they will be compensated per the guidelines of section 3.21. Under no circumstances will longshoremen be required to work more than three (3) hours without a coffee break.

3.23 Where it is the practice of the ship being worked to have only half of the ship's gangs go to coffee at a time, then only half of the longshoremen may go at a time.

3.3 The day work shift shall be twelve (12) hours with fifteen (15) hours being the maximum shift only to shift or sail a vessel. The shift may be less than twelve

(12) hours if the gang would otherwise be replaced between midnight and 6 a.m.

3.4 Relief-Cold Storage Compartments: Longshoremen while working in a cold-storage compartment shall be allowed one third (1/3) time outside of the compartment for each two thirds (2/3) time working in a cold-storage compartment.

SECTION 4. WAGES

4.1 The rates of pay for longshoremen under this Agreement shall be as defined in

Appendices A, C, and D, hereto attached.

4.2 In addition to the basic wages for longshore work as provided in Section 4, Paragraph 4.1, additional wages to be called penalties shall be paid for the types of cargo, conditions of cargoes, or working conditions specified in the attached Addendum No. 1, and additional wages to be called skill differentials shall be paid for the types of work specified in 4.6.

4.21 Where skill differentials and penalties both apply, the allowance for both the skill differential and the penalty shall be added to the basic rate, and skill differentials and/or penalties shall be augmented by the normal overtime allowance during the overtime hours.

4.22 The said penalty cargo rates and said differentials for skill shall be the only penalty cargo rates and differentials for skill payable, and none of such differentials shall hereafter be subject to alteration or amendment, except by agreement of the parties thereto. The penalty cargo rates shall apply to all members of the longshore gang, including dockmen, except wherein otherwise specified. Where two penalty rates might apply, the higher penalty rate shall apply and in no case shall more than one penalty rate be paid.

4.3 Straight Time Rate: First six (6) hours worked between the hours of 8 a.m. and 5 p.m., Monday through Friday.

4.4 Overtime Rate:

(1) All work in excess of six (6) hours between 8 a.m. and 5 p.m.

(2) All work between 5 p.m. and 8 a.m. on weekdays, and all work on

Saturdays, Sundays and legal holidays, except such work as is covered by meal hour provisions.

(3) Payable when working through the noon meal hour (except on Saturdays, Sundays and legal holidays).

(4) All work in excess of five (5) consecutive straight time hours without an opportunity to eat.

(5) When men are required to double back on separate dispatches in order to fill gangs for container ships, overtime shall be the rate of pay. Penalty overtime shall not apply unless working over twelve (12) hours on each separate dispatch.

4.5 Penalty Overtime: Time and one-half (1-1/2) the overtime rate:

(1) Payable when working through other than noon meal hours.

(2) Payable when working through noon meal hour on Saturdays, Sundays and legal holidays.

(3) All work in excess of five (5) consecutive hours without an opportunity to eat when the rate then prevailing is the overtime rate.

(4) All work in excess of five (5) hours when also a meal hour.

(5) Payable when working in excess of the twelve (12) hour shift.

Section 4.6 effective 7-1-2012 07-01-2015 amended to the following rates and positions:

4.6 – SKILL RATES

Skill I : $1.10 $1.35 Hatch Tender, Dock Tender, Boom Man, Lift Truck driver, Bulldozer Driver, Grader Driver, Front End Loader Driver, Snow Blower Driver, and Man Lift Driver.

Skill II: $1.75 $2.00

Tractor Driver, Truck (Hostler) Operator, Lift Truck Operator – Heavy (over 20 tons rated), Winch Driver, Boom or Dozer Boat Operator.

Skill III: $3.00 $3.25

Crane Operator, Gang Boss, Container Yard Foreman Trainee, Steady-men who are equipment operators, Yard/Barge/Ship Hazmat Truck Drivers.

Skill IV: $3.50 $4.00

Road Truck Driver (excludes yard, vessel and barge jobs), Shoreside Gantry Crane Operator Dutch Harbor & Kodiak, Top-Pick Operator, Checker, Utility Man, Mobile Crane Operator.

Skill V: $5.00 $5.25

Walking Boss, Container Yard Foreman, Shoreside Gantry Crane Operator Dutch Harbor & Kodiak. Road Truck Hazmat drivers.

The appropriate overtime rate will be paid on the above skill rate differentials.

4.61 NOTE: One longshore foreman will be hired when four or more longshoremen are working in any one (1) hatch, or if at least six (6) longshoremen are hired for the ship.

4.62 "Gang Bosses" shall be submitted by the Union to the J.P.L.R.C. for the

J.P.L.R.C. approval.

4.63 The crane operator rate of pay shall be applicable on all equipment with a hoisting capacity of twenty (20) tons or more. This includes all equipment on the vessel or the dock excluding the heavy lift truck operator.

4.631 Steadymen will not displace members of a vessel gang.

4.632 Employers with container yards (CY) in the Port of Dutch Harbor shall employ a primary Steady Yard Foreman for the purposes of CY coordination and vessel support. Yard Foremen may operate equipment, for which they are jointly qualified, to support terminal operations during agreed to times.

4.633 A Steady Utility Man shall receive the $5.00 skill rate after eighteen (18) months experience, and be jointly qualified as a Foreman. Container Yard Foreman with a minimum of five (5) years of experience shall receive an additional $1.00 per hour to the Skill V rate.

4.7 The employers agree to lift-truck or unit stow all pulp bales over five hundred

(500) lbs. and to avoid any handling of bales over five hundred (500) lbs.

whenever possible. When bales over five hundred (500) lbs. are hand-handled the Employers will add men and reduce the work shift to nine (9) hours for that gang when they hand-handle bales over five hundred (500) lbs. over four (4) hours and the holdmen when hand-handling bales in excess of five hundred

(500) lbs. shall receive an additional one dollar ($1.00) per hour. This one dollar ($1.00) penalty shall be paid at the straight time or overtime rates as applicable.

4.8 When a man is injured on the job and upon doctor's advice the man is unable to continue work, and he then advises the Employer and/or the dispatcher, his pay shall continue until the end of his gang's shift on that job.

SECTION 5. VACATION AND QUALIFING TIME IN THE INDUSTRY

5.1 Computation of Vacations.

In any payroll year each longshoreman who is registered, worked and qualified on December 31 of the calendar year in which he earns his vacation shall receive a vacation with pay the following year at the rate determined by dividing the total employer contributions for that year by the total number of vacation hours earned during the same period. It is understood that at no time shall the rate paid exceed the prevailing wage as outlined in Appendix A. Instead of the varying skill rates that previously were used for the vacation formula as outlined in Appendix A, it is agreed that a one dollar and fifty cent ($1.50) uniform skill rate shall apply only after all qualified longshoremen have reached the cargo handling basic straight time rate.

5.11 Basic Vacation:

5.111 One week's vacation with pay, provided he has been paid for at least eight hundred (800) hours, (seven hundred (700) hours after age 60) but less than one thousand three hundred (1,300) hours (one thousand one hundred (1,100) hours after age 60) in the previous payroll year;

5.112 Two weeks' vacation with pay, provided he shall have been paid for one thousand three hundred (1,300) (one thousand one hundred (1,100) hours after age 60) hours or more in the previous year.

5.12 Additional Vacation:

5.121 One additional week's vacation with pay if he shall have qualified under 5.112 or

5.13 and shall have been available for employment for ten (10) years or more under the All Alaska Longshore Contract or its predecessors for employers bound by such Agreement, and if;

5.1211 He shall have qualified for a vacation as set forth herein in five (5) of the previous ten (10) payroll years.

5.122 One additional week's vacation with pay if he shall have qualified for one week under 5.111 or 5.13, and if in each of any seventeen (17) of his past years of service he shall have qualified for at least a one week basic vacation under the All Alaska Longshore Contract or its predecessors for employers bound thereby.

(See Section 5.261 through 5.264)

5.123 One additional week's vacation pay if he shall have qualified for at least one (1) week of basic vacation under 5.111 or 5.13, and if in each of any twenty-three

(23) of his past years of service he shall have qualified for at least a one week basic…