Attachment_2_-_Wage_Determination_REV14.pdf

REGISTER OF WAGE DETERMINATIONS UNDER THE

SERVICE CONTRACT ACT

By direction of the Secretary of Labor

Daniel W. Simms Director Division of Wage Determinations

U.S. DEPARTMENT OF LABOR

EMPLOYMENT STANDARDS ADMINISTRATION

WAGE AND HOUR DIVISION

WASHINGTON, D.C. 20210

Wage Determination No.: 2013-0071

Revision No.: 14

Date of Last Revision: 03/08/2018

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts

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

Area: Alaska Statewide Alabama Statewide Arizona Statewide California Statewide Colorado Statewide Connecticut Statewide District of Columbia Statewide Delaware Statewide Florida Statewide Georgia Statewide Hawaii Statewide Iowa Statewide Idaho Statewide Illinois Statewide Indiana Statewide Kentucky Statewide Louisiana Statewide Massachusetts Statewide Maryland Statewide Maine Statewide Minnesota Statewide Missouri Statewide Mississippi Statewide Montana Statewide North Dakota Statewide Nebraska Statewide New Hampshire Statewide New Jersey Statewide New Mexico Statewide Nevada Statewide New York Statewide Ohio Statewide

Wage Determination: 2013-0071, 14 https://whd.dol-esa.gov/SF98/getwd.jsp?wdid=84204

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Oklahoma Statewide Oregon Statewide Pennsylvania Statewide Puerto Rico Statewide Rhode Island Statewide South Carolina Statewide South Dakota Statewide Tennessee Statewide Texas Statewide Utah Statewide Virginia Statewide Vermont Statewide Washington Statewide Wisconsin Statewide West Virginia Statewide Wyoming Statewide

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

EAST SOUTH CENTRAL: Alabama, Kentucky, Mississippi and Tennessee

MIDDLE ATLANTIC: Pennsylvania, New Jersey and New York

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

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

PACIFIC: Alaska, California, Hawaii, Oregon and Washington

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

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

WEST SOUTH CENTRAL: Arkansas, Louisiana, Oklahoma and Texas

Guam

Puerto Rico

**Fringe Benefits Required Follow the Occupational Listing**

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

OCCUPATION CODE - TITLE FOOTNOTE RATE

01000 - Administrative Support And Clerical Occupations

01051 - Data Entry Operator I

East North Central 13 .10

East South Central 12 .84

Guam 11 .09

Middle Atlantic 15 .12

Mountain 13 .51

New England 15 .26

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Pacific 15 .45

Puerto Rico 9 .15

South Atlantic 13 .99

West North Central 13 .16

West South Central 12 .87

01052 - Data Entry Operator II

East North Central 14 .30

East South Central 14 .01

Guam 12 .10

Middle Atlantic 16 .51

Mountain 14 .75

New England 16 .65

Pacific 16 .86

Puerto Rico 9 .98

South Atlantic 15 .27

West North Central 14 .35

West South Central 14 .04

01111 - General Clerk I

East North Central 13 .78

East South Central 12 .68

Guam 9 .81

Middle Atlantic 14 .26

Mountain 13 .69

New England 15 .46

Pacific 15 .82

Puerto Rico 9 .13

South Atlantic 13 .35

West North Central 12 .98

West South Central 12 .28

01112 - General Clerk II

East North Central 15 .04

East South Central 13 .83

Guam 10 .70

Middle Atlantic 15 .57

Mountain 14 .94

New England 16 .88

Pacific 17 .26

Puerto Rico 9 .96

South Atlantic 14 .57

West North Central 14 .16

West South Central 13 .40

01113 - General Clerk III

East North Central 16 .88

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East South Central 15 .52

Guam 12 .01

Middle Atlantic 17 .47

Mountain 16 .77

New England 18 .94

Pacific 19 .37

Puerto Rico 11 .18

South Atlantic 16 .35

West North Central 15 .90

West South Central 15 .04

01312 - Secretary II

East North Central 18 .33

East South Central 16 .58

Guam 15 .46

Middle Atlantic 22 .30

Mountain 17 .50

New England 20 .34

Pacific 20 .54

Puerto Rico 10 .34

South Atlantic 17 .87

West North Central 17 .99

West South Central 17 .32

01420 - Survey Worker

East North Central 15 .36

East South Central 13 .64

Guam 15 .26

Middle Atlantic 17 .09

Mountain 14 .85

New England 18 .34

Pacific 17 .46

Puerto Rico 10 .29

South Atlantic 15 .21

West North Central 14 .16

West South Central 13 .66

01460 - Switchboard Operator/Receptionist

East North Central 12 .82

East South Central 12 .10

Guam 9 .67

Middle Atlantic 14 .46

Mountain 12 .91

New England 14 .59

Pacific 14 .85

Puerto Rico 8 .81

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South Atlantic 13 .10

West North Central 12 .95

West South Central 12 .08

05000 - Automotive Service Occupations

05070 - Automotive Worker

East North Central 17 .79

East South Central 17 .50

Guam 12 .10

Middle Atlantic 17 .67

Mountain 19 .64

New England 17 .75

Pacific 20 .29

Puerto Rico 11 .87

South Atlantic 17 .17

West North Central 17 .38

West South Central 16 .99

11000 - General Services And Support Occupations

11030 - Cleaner, Vehicles

East North Central 10 .61

East South Central 10 .36

Guam 9 .00

Middle Atlantic 10 .50

Mountain 10 .61

New England 11 .65

Pacific 11 .91

Puerto Rico 8 .68

South Atlantic 11 .09

West North Central 11 .04

West South Central 10 .32

11150 - Janitor

East North Central 12 .13

East South Central 10 .25

Guam 9 .23

Middle Atlantic 15 .15

Mountain 11 .52

New England 14 .05

Pacific 13 .87

Puerto Rico 8 .81

South Atlantic 11 .00

West North Central 12 .59

West South Central 9 .88

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27000 - Protective Service Occupations

27101 - Guard I

East North Central 11 .98

East South Central 10 .61

Guam 9 .09

Middle Atlantic 13 .07

Mountain 12 .66

New England 13 .51

Pacific 15 .09

Puerto Rico 8 .54

South Atlantic 13 .10

West North Central 12 .97

West South Central 11 .54

27102 - Guard II

East North Central 13 .40

East South Central 11 .87

Guam 10 .17

Middle Atlantic 14 .48

Mountain 14 .17

New England 15 .12

Pacific 16 .88

Puerto Rico 9 .56

South Atlantic 14 .66

West North Central 14 .51

West South Central 12 .91

29000 - Stevedoring/Longshoremen Occupational Services

29010 - Blocker And Bracer

East North Central 23 .57

East South Central 23 .92

Guam 20 .76

Middle Atlantic 30 .72

Mountain 24 .62

New England 25 .19

Pacific 33 .58

Puerto Rico 13 .18

South Atlantic 24 .28

West North Central 24 .35

West South Central 24 .22

29020 - Hatch Tender

East North Central 23 .57

East South Central 23 .92

Guam 20 .76

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Middle Atlantic 30 .72

Mountain 24 .62

New England 25 .19

Pacific 33 .58

Puerto Rico 13 .18

South Atlantic 24 .28

West North Central 24 .35

West South Central 24 .22

29030 - Line Handler

East North Central 23 .57

East South Central 23 .92

Guam 20 .76

Middle Atlantic 30 .72

Mountain 24 .62

New England 25 .19

Pacific 33 .58

Puerto Rico 13 .18

South Atlantic 24 .28

West North Central 24 .35

West South Central 24 .22

29041 - Stevedore I

East North Central 22 .23

East South Central 22 .78

Guam 19 .77

Middle Atlantic 29 .12

Mountain 23 .45

New England 23 .92

Pacific 31 .90

Puerto Rico 11 .23

South Atlantic 22 .65

West North Central 23 .17

West South Central 22 .79

29042 - Stevedore II

East North Central 24 .68

East South Central 25 .11

Guam 22 .70

Middle Atlantic 32 .34

Mountain 27 .12

New England 26 .37

Pacific 35 .25

Puerto Rico 13 .36

South Atlantic 25 .78

West North Central 25 .64

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West South Central 25 .84

31000 - Transportation/Mobile Equipment Operation Occupations

31260 - Parking and Lot Attendant

East North Central 9 .75

East South Central 9 .28

Guam 9 .04

Middle Atlantic 10 .49

Mountain 10 .35

New England 11 .40

Pacific 10 .94

Puerto Rico 8 .55

South Atlantic 10 .08

West North Central 9 .96

West South Central 9 .50

31361 - Truckdriver, Light

East North Central 16 .52

East South Central 15 .93

Guam 9 .43

Middle Atlantic 16 .52

Mountain 15 .84

New England 17 .48

Pacific 18 .35

Puerto Rico 8 .84

South Atlantic 17 .41

West North Central 15 .25

West South Central 15 .18

31362 - Truckdriver, Medium

East North Central 19 .13

East South Central 17 .34

Guam 12 .77

Middle Atlantic 19 .26

Mountain 18 .47

New England 19 .66

Pacific 20 .33

Puerto Rico 9 .96

South Atlantic 18 .45

West North Central 17 .79

West South Central 17 .41

31363 - Truckdriver, Heavy

East North Central 20 .28

East South Central 18 .66

Guam 14 .05

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Middle Atlantic 21 .74

Mountain 20 .61

New England 20 .70

Pacific 21 .86

Puerto Rico 10 .57

South Atlantic 19 .36

West North Central 20 .23

West South Central 18 .69

31364 - Truckdriver, Tractor-Trailer

East North Central 20 .28

East South Central 18 .66

Guam 14 .05

Middle Atlantic 21 .74

Mountain 20 .61

New England 20 .70

Pacific 21 .86

Puerto Rico 10 .57

South Atlantic 19 .36

West North Central 20 .23

West South Central 18 .69

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors, applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is the victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.41 per hour or $176.40 per week or $764.40 per month

HEALTH & WELFARE EO 13706: $4.13 per hour, or $165.20 per week, or $715.87 per month*

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

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

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

HEALTH & WELFARE (Hawaii): $1.91 per hour, or $76.40 per week, or $331.07 per month for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving

9 of 10 3/9/2018 8:03 AM health care benefits mandated by the Hawaii prepaid Health Care Act, the new health and welfare benefit rate will be $4.41 per hour.

HEALTH & WELFARE (Hawaii EO 13706): $1.63 per hour, or $65.20 per week, or $282.53 per month for all employees on whose behalf the contractor provides health care benefits pursuant to the Hawaii prepaid Health Care Act. For those employees who are not receiving health care benefits mandated by the Hawaii prepaid Health Care Act, the new health and welfare benefit rate will be $4.13 per hour. *

*This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706, Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE

Standard Form 1444 (SF-1444)

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the commencement date of the contract (See 29 CFR 4.6(b)(2)(iv)(C)(vi)). When multiple wage determinations are included in a contract, a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order the proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, U.S. Department of Labor, for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination.

Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

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REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2010-0164

Daniel W. Simms Division of | Revision No.: 5 Director Wage Determinations| Date Of Last Revision: 12/29/2015 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Service Contract Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

States: California, Hawaii

Area: California County of Los Angeles

Hawaii County of Honolulu Employed on U.S. Tranportation Command contract for moving and storage services.

Collective Bargaining Agreement between Pasha Stevedoring & Terminals, L.P. P.O.V Facility (subcontractor) and I.L.W.U. Local 63, Office Clerical Unit, Marine Clerks Association (subcontract) effective November 1, 2009 through November 1, 2012.

Collective Bargaining Agreement between Matson Terminals, Inc.(Subcontract) and ILWLU Local 142, effective June 1, 2008 through June 30, 2014.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

CONTENTS

Section Number and Title

16 BULLETIN BOARDS

15 CONTINUOUS AND UNJNTER~UPTED SERVICE .................................... :

23 DEDUCTION OF UNION DUES FROM WAGES

14 DISCIPLINE AND DISCHARGE

2 EMPLOYEE COVERAGE

4 EMPLOYMENT .......................... ,

A. Basic Work Force: .......... :

B. Adjustment of Work Force C. Equal Distribution of Wort< D. Work 1-oad ...... :

E. Permit Employees F. WorkAss!gnment

8 EMERGENCY-HOURS., .................................................................................... :

21 FUNERAL PAY ...................................................................... :

19 GRIEVANCE PROCEDURE .......................................................... /

Arbitration 11 HOLIDAys ......... "

6 HOURS AND OVERTIME

24 MATERNITY LEAVE PLAN .......................................................................................... : ..

9 ·MEAL PERIODS

18 MODIFICATION

22 PAY FOR SERVICE Ofi JURIES, GOVERNMENT BOARDS

AND COMMISSIONS, MILITARY SERVICE

1 RECOGNITION AND IJNION SECURITY

Religious Convictions of Employees Non-Discrimin~ation ............................................................ ;

12 REPORTING TIME

3 SENIORITY ................................................................. ,

A. Definition of Seniority B. Layoffs and Recalls C. Promotion D. Posting Procedure for Job Vacancies

17 SEPARATION ALLOWANCE

20 SICKLEAVE

10 TEMPORARY TRANSFERS

25 TERM OF AGREEMENT

13 VACATIONS

7 WAGE GUARANTEE ....................................................................................... ~

.5 WAGES

Exhibit "A" -Authorization Form for Deduction of Union Dues Out of MY Wages Exhibit "B" -Assignment of Wages to Charitable Fund House Rules Letters of Understanding: Exhibits '1' through '12'

Page

1.01

1.02

1.03

1.Q4

CONTAINER FREIGHT STATION/CONTAINER YARD

AGREEMENT

THIS AGREEMENT, made and entered Into by and between MATSON TERMINALS, INC., nerelnafter referred to as the Employer, and ILWU LOCAL 142, hereinafter referred to as the Union, WITNESSETH:

SECTION 1. RECOGNITION AND UNION SECURITY

The Employer recognizes the Union as the sole and exclusive representative of the employees under and subject to this agreement for the purpose of collective bargaining with the Employer.

The Employer agrees not to discriminate in any way against any employee because of Union mem~rship or legitimate Union activity. Such activity, however, shall not interfere with the Employer's operations nor be conducted during working hqurs.

A. It shall be a condition of employment that all employees of th!il Employer covered by this Agreement who are members of the Union in good stl!!nding on the effective date of this Agreement shall remain members In good standing, and those who are not members on the effective date of this Agreement !ind individuals hired after the effective date of this Agreement, shall beginning on the thirtieth (3oth) day following the effective elate of this Agreement or the thirtieth (30th) day following employment, whichever is later, as a condition of employment become and remain members of the Union in good standing.

B. For the purpose of this Agreement, an employee shall lose his good standing in the Union only for failure to tender periodic duel! uniformly required of all members.

C. Each member of the bargaining unit covered by this Agreement who has not become a member of the Union, within seven (J) days of the first day of any montn following the effective d!i(te of this Agreement or completion of his/her first thirty (30) days of employment, shall be notified by the Union by certified mail, saicl address to be provided by the Employer, with a copy to the Employer that failure ·to pay dues within ten (1 0) clays following receipt of such notice shall result in termination of employment. Should the employee fail to make such payment within the ten (1 0) clay period, the Employer shall, within three (3) working days after receipt of notice by certified mail from the Union, discharge such employee.

The Union shall Indemnify and t:Jold the Employer harmless from any and all claims, demands, suits or other actions arising from this section of the Agreement or from complying with any request for termination of employment under Section 1.03.

Nothing herein contained shall !'!!quire the Employer to discriminate (1) against an employee for non-membership in the Union if such membership was not E!Vailable to such employes on the same terms and conditions generally applicable to other members; or (2) against an employee with respect to whom membership in the Union shall h11ve been denied or terminated for any reason other than his failure to tender the periodic dues and the initial fees uniformly required as a condition of acquiring or retaining membership In the Union.

-1-

1.05

1.06

1.07

1.08

2.01

It is agreed that neither party will in llnY way discriminate ag11inst 11ny employee bec11use of race, creed, .color, or native ortgin.

The Union agrees that in submitting any disputes arising under this section to . tt"le grievance procedure, the submission of such clisputes will not be used as tt"le basis for creation of inter-racial problems or dissension.

Religious Convictions of Employees

A. Notwithstanding the provisions of the above paragraphs of this sectioll, any new or present employee COV~;'red by this agreement who is 11 member of 11nd adheres to established and trllditional tenets or te11chlngs of a bona fide religion, body or sect whict"l ht.~s historically held conscientious objections to joining or .financiiiiiY supporting labor organizations snail not be required to comply with the provisions of said above p11raaraPhs as a condition of employment or continul;'d employment. In lieu of the periodic p11yments to the Union, such employee shall, as a conditioll of continued employment, have the option to pay (either directly or by means of an assignment in tile form of Exhibit "B." Assignment of Wages to Charitable FJ.Jnd, attached hereto and made a part hereof) to t.~ non-religious, non-labor organization cnaritable fund exempt from taxation under section 50I(c)(3) of title 26 of the Internal Revenue Code a monthly amount equal to the membership dues (Local and unit dues) uniformly required as ·a condition of retaining membership in the Union.

B. Payments pursuant to the preceding paragraph A shall be made by such employee to one of the following such cnaritable funds:

(1) Aloha United Way

(2) Heart Fund

(3) Hawaii Cancer Fund.

c. An employee Who claims the exemption provicled in paragraph A of paragraph 1.07 shall provide proof of such exemption.

Non-Qiscrjmjnatlon

A. The use of masculine or feminine pronouns 11nd suffixes "men" or "women" wherever JJSed in this agreement shall apply to members of either sex.

B. In th!'l event anY provision of this agreeme11t ill contrary to the Federal Civil Rights Act, 1964, as amended, or the Hawaii Fair Employment Practices Act, as <~mended, or anY similar St<~te or F~i!deral law, the Federal or State laY( shall preempt or supersede such provision, SECTION 2. EMPLOYEE COVERAGE

The employees covered by this agreement are only thos!'l employees pf the Employer employed at the Honolulu, Hawaii Container Freight Station and Container Yard including warehousemen and straddle truck operators but excluding office clerical employees, guards and/or watchmen, and professional employees and supervisors (as defined in the N,ational L!lbor Relations Act of 1947!1s amended).

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3.01

3.02

3.03

3.04

3.05

3.06

3.07

SECTION 3. SENIORITY

A. Definition of Seniodtv

Seniority shall mean the employee's length of continuous service wHh the Employer.

Seniority shall be broken by (1) discharge, (2) resignation, {3) twenty-four {24) consecutive ·months of layoff, {4) failure of a laid-off employee to report for work within 72 hours after the Employer mails notice by registered mall to so report to the employee's last knoV\111 address, and {5) thirty-six {36) months of absence by reason of illness. Seniority for employees wflo are ill shall be frozen !II the end of 12 months. If the Illness terminates within 24 months thereafter, such employees shall be entitled to jobs consistent wHh their physical condition and seniority.

The 36 months of absence by reason of illness may be extended by mutual agreement.

Seniority shall not apply to any neWly hired employee until he shall have completed 3 months of continuous service wHh the Employer. This period of probation may be extended by mutual consent of the Employer and the Union.

The Employer shall maintain the official seniority roster in the company office which snail be accessible to employees and the Union 1!1 all time during business hours.

An employee granted a leave of absence for union business will accumulate seniority equal to the time on leave but not beyond the termination date of this agreement. No seniority accumulation beyond six months will be permitted employees on leave of absence for other than union business.

B. Layoffs and Recalls

In the event employees are to be laid off from emploYJiient wHh the Employer, the employee wHh the greatest seniority shall be the last to be laid off and the first to be recalled · where such employee Is able to perform the work required.

C. promotion

In making promotions of employees wHhln the basic worj< force to posted jobs for Which application is made, the qualifications of the applicant shall be determined by all relevant factors such as merit, experience, knowledge, ability, attendance, and physical and mental frtness. If there is no material difference in such factors between individuals being considered for the vacancy, lengtn of service will govern. In making a promotion to a vacancy In a job for which

· the Employer nas an alternate category, length of service of the alternate applicants able to perform the job will govern. In making promotions under this paragraph, favoritism and partiality shall be avoided.

D. Postjng Procedure for Job Vacancies

When a vacancy Is to be filled by promotion (except on a temporar-Y basis) to a higher rated job in the bargaining unit, notice of the vacancy shall be posted on the bulletin boards of the Employer at least one week prior to Its being filled on a regular basis. Such notice shall be posted in order to afford employees desiring to be considered therefor an opportunity to apply for such jobs at the place designated and on forms provided by the Employer within such one week period.

All employees who have applied for a posted job shall be notified within 14 days after the end of the posting period of the action taken on their application.

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3.08 When the posted job vacancy has been filled, the Employer shall notify the Union of the

3.09

4.01

4.02

4.03

4.04

4.05

4.06 selection.

Any employee Who fails to file for a vacancy may not claim to pe aggrieved when the vacancy is filled.

SECTION 4. EMPLOYMENT

A. Basic Work Force

All basic employees now on the Employer's payroll shall constit!lte the basic work force upon tne !lffectlve date of this a!lreement.

B. Adjustment of Work Force

Additions or reductions to the basic work force shall be made by the Employer;-proyided, however, that at the end of each four {4) week period during the term of this agreement the Employ!lr shall examine the size of the Paste work force In relation to the expected work loact. If the minimum average work opportunity f!lr basic employees coverecj by this agreement has fallen below forty { 40) i:onverted houri, the Employer may adjust the size of the basic vvork force downward for tne purpose of proylding a minimum average of approximately forty (40) converted nours of work opportunity per week for basic employees.

Permanent vacancies shall b!l filled Within thirty (30) days.

When any addition to the basic WOrk force r~:~sults In a reduction of the work opportunity of basic employees P&low the minimum av!lrage of approximately forty {40) converted hours per week, such additions may be made a matter of dispute uncler the terms of this agreement.

C. Equal Distribution of Work

Basic employees covered by this ~:~greement shall be !lntitled to a fair and equ~:~l distribution of available work opportunity as· nearly as practicable. Equal distribution of war!< opportunity shall be fTlade on an inclividual b~:~sis.

D. Work Load

The Employer shall provide to the Union data showing the work opportunity provided fo eacli Individual in e~ch cal~;~ndar wee!< Ell the four {4) week intervals provided in Subsection 13.

E. Permit Employees

4.07 Employees not classified lilS basic !'!lllPioyees shall b!l designated as permit employees.

4.08 In the event Qny basic employee Is not called for wor!< on a particular day, no permit employee shall be C!liled out to work.

4.09 All work off!lred permit employees will be distributed amongst them as eq1.1ally as practicable.

f. Wor!< Assignment

4.10 The Employer shall place work assignments on bulletin boli!rds provided by the Employer.

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SECTION 5. WAGES

5.01 The following hourly rates shall apply subject to the conditions hereinafter provided:

Effective Effective . Day After Effective Effective Effective Effective

Cl!!§!!ificatio!J 7/1/08 Bgtiflcgtio!J mm 1l1l1Q Zl1l.1l 7/1/13

Warehousemen $32.49 $32.99 $33.74 $34.49 $35.49 $36.49 Mact"line Operator $33.87 $34.37 $35.12 $35.87 $36.87 $37.87

Mad!ine_Ooerator Skills Differential:

An hourly skills differential shall be paid to Machine Operators in accordance with the following .schedule and subject to the conditions hereinafter provided:

Effective 7/1/08

$0.25

Effective Zl1l11 $0.50

Effective 11.1l1Z.

$0.75

Effective 7/1/13

$1.00

The foregoing skill differential increases shall only be applicable to Matson Terminals CFS employees when they are assigned to drive company vehicles and machines.

CFS Leaderrogn Differential:

Effective on the first day shift &~fter the Union' !I ratification of this Agreement, an hourly wage differential of $0.50 will be paid to the Matson Terminals CFS employee for time worj<ed performing the duties of CFS Leaqerman.

5.02

5.03

6.01

6.02

6.03

Thereafter increases In the wage llltes of employees covered by this agreement shall be limited to whatever Increases in basic straight time l!ourly rates are grantecf to longshoremen in the Port of Honolulu during the term of this agreement and thereafter, such increases to be effective on the same dates the said longshoremen rate increases are effective.

Employees shall receive fifteen cents ($.15) per hour in addition to their straight time hourly rate for working the following cargo: (1) alfalfa meal in burlap bags, (2) powdered SOIIP in bags, and (3) freezer cargo. This premium shall be included in the computation. of overtime pay.

SECTION 6. HOURS AND OVERTIME

The workday for calculating overtime shall be twenty-four (24) consecutive hours- 7:00a.m. to 7:00 a.m.- and the workweek will be seven (7) consecutive days. Overtime work, as defined hereinafter, performed by an employee shall be paid for at one and one-half (1•1/2) times the then prevailing rate of pay.

Work performed by. an employee in excess of eight (8) straight time hours in any one worKday shall constitute overtime. Work performed ·by an employee in excess of forty (40) straight time hours in any one workweek shall constitute overtime.

Work performed by an employee In excess of twelve (12) continuous hours (excluding

· meal periods) shall be paid for at two (2) times the employee's then prevailing rate of pay.

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I

6.04

6.05

6.06

6.07

6.08

6.09

6.10

· Hours of worl< before and after a rest period shall be deemecf to be continuous unless the period of rest is eight (8) hours or longer.

For calculating overtime, two (2) consecutive workdays shall be designated as days of rest in each employee's workweek. The consecutive workdays cfesignated as days of rest Shall be Saturday and Sunday. Ariy worl< performed by an employee between 7:00 a.m. Saturday and 7:00 a.m. Monday shl!ll constitute overtime.

Employees may be required to work overtime, but no time will be creditecf to the employee unless ij'le work performed is 111 the request or on the order of the Company.

The night work premium shall be paid in accordance witll tile folloV(ing schedule:

j. Effective July 1, 2008 the night work premium shall be $3.75 per hour.

ii. Effective July 1, 2009 the night work premium shall be $4.00 per hour.

iii. Effective July 1, 201 o the night work premium shall be $4.25 per hour.

Jv. Effective July 1. 2012 the night work premium shall be $4.75 per hour.

v. Effective 'July 1, 2013 the nightwork premium shall be $5.25 per hour.

The night shift shall be schecfuled to commence be~en the hours of 2:00 p.m. and 7:00 p.m.

These night premiums wfll apply only to hours worked and not to any payments for time not worked, such as reporting time, vacations, holidays not worked, etc. Night premiums shall be Included in tne computation of overtime pay. Day shift employees shall receive a night worf< premium for all work performed between 5:00 p.m. ancf 7:00 a.m. Container yard stracldle !!'Lick operators shall receive an addition&~! seventy-five cents ($.75) only when 1NQrki!1g opposite longshore straddle truck operators performing night work including longshore lunch hour.

Work performed on night 11hlfts starting after 7:00 p.m. up to and including starts at 11 :30 p.m. shall be paid for at -one and one-half (1-112) times the then prevailing rate of pay. It is understood that no meal periods shall be scheduled on late night 11hifts starting at or after 1 o:oo p.m.

When a day shift starts before 7:00 a.!Jl., the employee will be paid at the overtime rate for all work uf11il 7:00 a.m. This will apply Whether or not the employee has previously worked eight (8) hours in the same workday. From 7:00 a.m. of the succeeding workday he shall be paid ~~ the straight tirrie rate.

All day $hilt employees will be called for the same starting tirne. Alternate drivers will not tJe used I!S drivers unless all regular drivers have been called.

When an employee leaves V(Ork for an industrial accident rel~tecf appointment for health care (i.e. therapy or ~ector visit) it shall be considered as time worked for a period not to exceed two hours.

SECTION 7. WAGE GUARANTEE

7.01 A basic employee shall be eligible to receive wage guarantee peginnlng with tfle first four . (4)-week adjustment period folloWing his completion of one year of continuous service.

7.02 An eligible ernployee shall receive wage guarantee tor each four-week adjustment period during the terrn of this agreement.

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7.03

a. Wage· guarantee· benefH payments shall be paid for the one week waiting period under unemployment insurance.

b. Employees covered by the wage guarantee plan shall be paid the minimum 38 converted hours each week. based on a four (4)-week rolling average.

The amount of wage guarantee shall be the remainder resulting from the following calculations:

a. Multiply 152 converted hours by the employee's straight time hourly rate. The ·152 converted hours shall be reduced by the greater of eight hours or actual hours of work missed, I!S provided in Item 6 below, and by the greater.of one twenty-eighth (1128th) or l!ctual hours missed, as provided In Item 6 below, for each day that the plan is SU!Ipended. If the· employee's regular assignment changes during the four week adjustment period, his $lralght time hourly rate $hall be the average straight time hourly rate for all work performed during the four-week adjustment period.

b. Subtract the employee's total earnings (as defined In Item 4 below) for that four week adjustment period.

c. Subtract the employee's unemployment compensation attributable to that four-week period. ·

7.04 The following shall be counted as earnings:

a.

b.

c.

pay for all work performed.

Pay for unworked time such as call-out time, voting time, standby time, and vacation time.

In the application of tile disqualification described in paragraphs 3 (b) 11nd (c) and 4 (a) and (b) of this section, relating to curtl!llment of the Employer's operation (paragraph 5), earnings and unemployment compensation attributable to any curtailment period shall not be subtracted in computing the vnge guarantae benefit (I.e., e~:~mings and unemployment compensation received during a curtailment period will not be used to reduce the wage gu~:~rantee).

7.05 The 152 hours shall be suspended for all employees by the greater of eight houf!l or actual hours of wort< missed for all days on which:

a.

b.

c.

Operations are shut down or curtailed by a disaster or act of God such as fire, tidal wave, earthquake, etc.

Operations are shut ·down or curtailed by a strike, job action, picketing, refusal to handle "hot cargo" or other concerted action by the employees covered by this agreement or any other local or unit of the ILWU or by any other transportation or maritime union.

There Is a viol~:~tion of the collective bargaining agreement such as a strike, job action, picketing, refusal to handle "hot cargo," or other concerted activHy by the Union, its representatives or by any employees covered by the agreement;

provided, however, that such reduction under this paragraph (c) shall not apply to an employee on any of such days If (1) he continues to perform work as required, -7-

I ,j

7.06

7.07

8.01

8.02

8.03

9.01

9.02

·9.03 d.

or (2) he is able to work and makes himself available for work to his Employer but is unemployed on any of such days solely by reason of the fact his Employer refuseo to offer him work in his customary job. The preceding clause (2) shall not apply in ·any case in which the failure to offer the employee work in his customl!ry job is caused by reason of the l!cticin of other employees. Nothing contained in this paragraph (c) Sh!lll require the Employer to call ott1er employees for work after any other employees have refused to perform such work. The vnge guanintee will be reinstated when the violation of the collective bargaining agreement is effectively ended.

An employee Is unavailable for \YOrk because of unexcused absence, suspension, failure to complete a shift, failure to return from meal period, etc.

The wage guarantee plan shall be suspended for an individual employee by the greater of one twenty-eighth (l/28th) of 152 hours or actual hours of work missed for all days on which the employee Is unavailable for work because of excused absence, leave of absence, illness, industrial accident, military leave, etc.

The vnge guarantee plan shall not be applicable to 11n employee who perfonns no work r:!uring the entirE! four-week adjustment period or Who is terminated during the period. However, In case of a layoff, the laid-off employee sllall receive a pro rata \'lfage guarantee for that four wee!< adjustment period up to the date of layoff.

SECTION B. EMERGENCY HOURS

Employees covered by this agreement shall not be required to work more than ten (1 0) continuous hours except whim necessary in order to perform CY customer service functions in which case the employee shall not be worked more tllan twelve (12) continuous hours, and except in cases of emergencies.

An emergency shall mean cases of fire anr:! shipwreck and cases involving the safety of the vessel, life or property.

In case of prol(iding extended customer seryice functions, tile Company shall notify the Union in advance of the one (1) ~elye (12) hour scheduled sllif! on each vessel.

SECTION 9, MEAL PERIODS

Scheduled non-paid lunch periods shall fall between 11:00 a.m. and 1:00 p.m.; provided, llowever, If an employee is c;~lled to work before 7:00 a.m., his lunch period may be scheduled five (5) hours after he commences work. Notification of the meal period shall be made at least one (1) hour prior to the meal period being actually taken.

If an employee is required by the Employer to work more than five (5) hours without being given an opportunity to eat on or off the job, he shall receive pay in addition to his then prevailing rate of one-llalf (112) times his straight time rate of pay for all time worj<ed in excess of five (5) hours without being given such opportunity to eat.

If an employee is rl!qulred to return to work aftl!r a meal period, he shall be provided a minimum of three (3) hours' work. .

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SECTION 10. TEMPORARY TRANSFERS

10.01 Any . employee subject to this agreement may be temporarily transferred to other classifications or may pe used for relief of employees under other classifications. If so transferred to a lower paid classification, he shall continue to receive his regular rate of pay.

Men assigned temporarily during a shift to a higher classification will be paid at the rate for such higher classification for a minimum of two (2) hours and ·if they work in the higher classification for more than four (4) nours, the rate shall apply for the entire shift.

10.02 A transfer made for the convenience of a transferred employee or because the employee

11.01

11.02

11.03

11.04

11.05 is physically incapap(e of performing the duties of his regular job shall not be deemed a temporary transfer irrespective of the duration of the transfer.

SECTION 11. HOLIDAYS

An employee shall receive eight (8) hours' pay at his regular straight time rate for the following holidays, provided he works at least one day during that week: ·

New Year's Day January 2 (Jack Hall Day) Lincoln's Birthdi!Y Presidents' Day Harry Bridges Memorial Day

Good Friday Memorial Day Kamehameha Day Independence Day Labor Day

Veterans' D!!Y Thanksgiving Day Christmas Day Employee's Birthday

When an employee is required to work on one of the above holidays, he shalf be paid, in addition to holiday pay, the overtime rate of pay in accordance with Section 6 for work performed.

When any of the above holidays falls on a Sunday, the following Monday shall be considered as the holiday. When one of such holidays falls on a Saturday, either the preceding Friday or the followint;! Monday shall, at the Employer's option, be considered as the holiday.

No work shall be scheduled from 7:00 a.m. Lapor Day to 7:00 a.m. the following day and from 7:00 a.m. Thanksgiving Day to 7:00 a.m. the following day and from 4:00 p.m. Deceml:ler 24·to 7:00 a.m. December 26 and from 4:00 p.m. December 31 to 7:00 a.m. January 2, except in cases of emergency, and employees shall be paid double the straight time rate for work performed by tllem during such hours. "Emergency'' shall mean situations where In order for the ship to meet its schedule it is necessary to finish out the ship, ~:~nd cases of fire and shipwreck, and CI!Ses involving the safety of the vessel, life or properly.

An employee shall not lose holiday pay because of his failure to work at least one (1) day in the week in which any of the foregoing holiday falls If such failure to work is due to his being

(1) on vacation, (2) on annual military or National Guard )eave which does not extend beyond two (2) weeks, (3) on sick leave and entHied to sick .pay benefits, or on sick leave during his waiting period, (4) unable to work by reason of compensal:lle industrial accident, or (5) not offered work during such week; provided, however, that he shall be entitled to only the difference between holiday pay and any industrial compensation or military or National Guard pay for the same d!!Y. and provided, further that Wilen holiday pay Is paid to an employee on sick leave, sick leave benefits shall not be paid for the same day.

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12.01

12.02

SECTION 12. REPORTING nME

. Any employee ordered to report to work and who does so at the specified time sh<lll receive a minimum of fiVe (5) hours' work, or in the event five (5) hours' work is not furnished shall receive five (5) hours' pay, unless such employee quits, (eaves his job or is discharged prior to the completion of five (5) hours' work.

Employees scheduled to report for classroom type training and who do so at the specified time shall receive a minimum of two (2) hours pay for such training period. If such training should extend beyond two (2) hours, employees shall pe paid for the actual time spent on training. Such training shall not involve productive work and shall be removed from the operations. ·

SECTION 13. VACATIONS

13.01 Employees covered by this agreement may qualify for vacations with pay under the following conditions:

13.02 Regular employees with not less than one (1) year and not more than two (2) years of continuous service based on their ctate of employment snail be entitled to a vacation of one (1) week at their regular straight time rate of pay.

13.03 Regular employees V>'fth two (2) or more years of continuous service (:lased on their date of employment shall be entiUed to an annual vacation of two (2) weeks at their regular straight time rate of pay.

13.04 Regular employees V>'fth seven (7) or more years of continuous service based on their date of employment shall be entitled to an annual vacation of three (3) weeks at their regular straight time rate of pay.

13.05 Regular employees with twelve (12) or more but less than seventeen (17) years of continuous service based on their date of employment shall be entitled to an annual vacation of four (4) weeks at their regular straight time rate of pay.

13.06 An employee wno has completed seventeen (17) but less than twenty-two (22) years of continuous service prior. to December 31 of any year shall be entitled to five (5) '{iBeks of vacation with PIIY in the following calendar year.

13.07 An employee who has completed jwenty-two (22) or more years of continuous service prior to December 31 of any year thereafter snail be entitled to six {6) weeks of vacation with pay in the following calendar year.

13.08 Vacations shaD not be cumulative from year to year except that an employee wlho is eligible for an annu111 vacation of more than one week and who wishes to take an extended vacation in some specific future year may, if his request to do so is approved by the Employer, accumulate up to six (6) '{iBBks. However, during each of the years in which the accumulation Is being made, the employee must take at least one (1) week of his annual vacation.

Accumulation shall be macle in consecutive years and the accumulated weeks plus the regular weeks of vacation shall be taken during the first year following the maximum accumulation unless otherV>'fse arranged between the employee and the Employer by mutual consent.

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13.09 It shall be at the Employer's sole discretion to determine the period during which any employee may take his vacation, but the expressed preference of the employee will be given due consideration.

13.10 If an employee qualifies for a full vacation on his vacation accrual date under thjs section but dies before taking his vacation, the vacation pay he would have received for such-vacation shall be paid to his estate.

13.11 If an employee is hospitalized or suffers a broken limb or Is sick and so certified by the employee's physician, serves on jury duty or on Governmental Boards and Commissions or has a death in his Immediate family during his v~;~cation period, he shall be entitled to.have his vacation suspended and receive benefits under Section 20, Section 21, or Section 22 to which he would otherwise have been entitled if he had not been on vacation. The vacation days lost during such suspension shall be taken immediately after his sick pay, funeral leave or jury duty or government service ends.

13.12 In situations involving unexpected personal emergencies, the Employer may permit upon adequate advance notice, the employee to take all or a portion of his vacation but only In increments of full days. Up to ten days of vacation each calendar year may be used In increments of one day.

13.13 If a holiday occurs during an employee's vacation, the employee shall have the option to…