D1_Attachment 7 - Collective Bargaining Agreement.pdf

AGREEMENT

Between

PORTUS STEVEDORING LLC

8693 MARITIME STREET

JACKSONVILLE, FL 32226

And

INTERNATIONAL UNION OF

OPERATING ENGINEERS,

LOCAL NO AFL-CIO

83•- TREET

JA CK ),IL E 0

JANUARY 1, 2020 H DECEMBER 31, 2022

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021 12:29

AGREEMENT

This Collective Bargaining Agreement (hereinafter, "Agreement") is between PORTUS STEVEDORING LLC, 8693 MARITIME STREET, JACKSONVILLE, FL. 32226 (hereinafter, "Employer" or the "Company") and INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 673 AFL-CIO, 8366 DEVOE STREET, JACKSONVILLE, FL. 32220 (hereinafter collectively the "Union").

ARTICLE

RECOGNITION

Section 1;

Pursuant to a Certification of Representation issued by the National Labor Relations Board in Case No.

34-RC-2029, the Employer recognizes the Union as the sole and exclusive bargaining agent for all employees filling positions within the classifications subject to the Certification of Representation employed by the Employer at its Jacksonville, Florida Blount Island facility for purposes of bargaining about wages, hours, working conditions and other conditions of employment; but excluding all sales department employees, office clerical employees, managers, and all guards, professional employees, confidential employees and supervisors as defined in the National Labor Relations Act.

Section 2;

The Union shall have the first right of work jurisdiction over vessels whose cargo transits or is stored for either export or import through the facility leased 1310 Florida Blount Island facility. This shall include all Command, (SDDC) contract #HTC711-15-D-R operations this Agreement shall be transf - r e d

Section 3;

This Agreement shall be binding upon whether such succession, assignment or t event of the Employer's merger or consolid shall be binding upon the merged or consolida

ARTICLE IL

UNION SECURITY CLAUSE

Section 1;

Employer from JAXPORT at the Jacksonville, nder the Surface Deployment and Distribution n t t the Employer moves or expands its ly to such lo tions.

uch essors assigns, purchasers or transferees s voluntarily or by operation of law; and in the i n w th other company or companies, this Agreement ompany e

The Employer will not interfere with the rights of its employees to become members of the Union, nor will it use coercion, discrimination or restraint against any member of the Union on account of such membership. The Union agrees that neither the Union nor its members will intimidate or coerce employees.

ARTICLE III

NON-DISCRIMINATION

Pursuant to Executive Order 11246, as amended, the Vietnam Era Veterans Readjustment Assistance Act of 1974 ("VEVRAA"), as amended, and Section 503 of the Rehabilitation Act of 1973 ("Section 53"), as emended, the Union and the Employer are bound by terms of these laws and shall not discriminate against any person based on race, color, religion, sex, national origin, sexual orientation, gender identity, protected veteran status, or status as a qualified individual with a disability.

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ARTICLE IV

ADMINISTRATIVE DUES

Section 1;

During the term of the Agreement and in accordance with the terms of an individual and voluntary written authorization for check off of membership dues to be furnished to the Employer in a form permitted by the provisions of Section 302 (c) of the Labor Management Relations Act, as amended, the Employer agrees to deduct once each week from the wages of each employee covered by the Agreement, who signs said authorization, a stated amount or a percentage of the gross weekly wages of said employee or a percentage of the sum of the gross weekly wages and the fringe benefit contribution required for the employee, as administrative dues, provided the Employer is notified in writing by the Union of the percentage or amount to be deducted and the percentage or amount to be deducted has been properly approved by the Union and is uniformly applicable to the employees covered by this Agreement.

section 2;

All monies collected for Administrative Dues by the Employer shall be paid to the North Florida Operating Engineers escrow account and shall be mailed to PO Box 940958 Maitland, Florida 32794- 0958. Administrative Dues, which are deducted, shall be paid monthly by the 15th day of the month following the month in which they were deducted.

Section 3;

In consideration of the foregoing, the Union a r St indemnify, defend and save the Employer harmless from and against any clai mands, sui or liability that may arise out of or related to making payroll deductions of initi- ,,)fee assessments.

HTS

Subject to the provisions of this Agreement, nion recognizes si the exclusive right of the Employer or its designated agent to manage its' facilities and direct the work force including the right to plan, direct, and control operations, to determine the composition of its workforce, to introduce new or improved methods of production or enh ent of services, make work assignments, schedule work, assign and direct its workforce, hire, promote, suspend, discipline, demote or terminate Employees for just cause, or lay off Employees. Employer has the right to make reasonable rules, regulations and policies. Employees shall be required to comply with all Employer work rules, regulations and policies.

ARTICLE V(

SUBCONTRACTING

At the request of a customer or to accomplish a specialized purpose or function, the Employer may subcontract, move or transfer any function, activity, service or work currently being performed, or that might be performed in the future.

ARTICLE VI(

DISCHARGE OR SUSPENSION

Section 1:

No employee shall be discharged, disciplined or suspended without just cause.

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Section 2;

The Employer may promote, suspend, discipline, demote or terminate Employees for just cause. In cases of suspension or discharge the employee involved and the proper Union official shall be notified, in writing, within twenty four (24) hours of the suspension or discharge and the reason for such action.

Nothing in this section shall require the Employer to take any action within twenty four (24) hours of the incident occurring giving rise to any action. The Employer's action may occur at such time as the Employer decides such action is necessary.

Section 3;

Any dispute between the Employer and the Union over the existence of just cause for discharge or suspension shall be subject to the Grievance and Arbitration provisions of this Agreement.

ARTICLE VIII

STRIKES AND LOCKOUTS

Section 1;

There shall be no strikes, walkouts, sit-downs or lockouts by or against employees covered by this agreement, or interference with work during the period of this agreement. Any employee participating in or encouraging, aiding or abetting such strike action shall be subject to disciplinary action, up to and including immediate discharge.

Section 2;

The Employer will not expect any employee o

GRIEVANCE

Section 1;

The Union or the Employer may file and pro differences •

One grievance. Should arise between the Employer and the Union as to the inter n or application of this Agreement, such differences or claims shall be considered a grievance. n a grievance arises, an earnest, good faith effort shall be made by each party to this Agreement to settle the differences without recourse to the grievance procedure.

icket line where his safety is in jeopardy.

Section 2: Step

RATION PROCEDURE

Not later than five working days after the employer action giving rise to the grievance, the employee and/or the Shop Steward shall file a grievance and meet with the supervisor involved. The grievance shall be in writing, giving a short statement that identifies the Article and Section of this Agreement that is allegedly violated and a concise statement of the facts upon which the grievance is based. The grievance must be dated and signed by a Union Steward. The involved supervisor shall orally respond to the Shop Steward not later than five (5) working days after the meeting.

Section 3: Step Two

If the grievance is not settled at Step One, the Shop Steward, not later than five (5) working days after receipt of the supervisor's answer at Step One, may file a written appeal of the supervisor's answer to the Operations Manager. Not later than five (5) working days after receipt of the written appeal, the Employer shall meet with the employee, the Shop Steward and a designated and authorized Union Business Agent. Within (10) working days after such meeting, the Employer shall give its written answer co nfid entia l

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Apr 1 to the grievance to the Shop Steward with a copy to the Union. The answer shall be final and binding on the employee, the Union, and the Employer, unless it is timely appealed to Arbitration by the Union in accordance with the procedures set forth herein. In cases involving a discharge, a grievance may be filed directly to Step Two.

,,Section 4. Step Thre

Should the decision arrived at in Section 3: Step Two, above, not be satisfactory to the Union, it may, in matters involving the interpretation or application of specific terms of this contract, take the matter to arbitration by notifying the Employer, in writing, of such decision. If such notification has not been received within thirty (30) days, the matter shall be considered settled, If the matter is taken to arbitration, the arbitrator shall be selected by a representative of the Employer and a representative of the Union. In the event of a failure of these two (2) to select an arbitrator within one week, either party may request the Federal Mediation & Conciliation Services (FMCS) to submit a panel of five (5) prospective arbitrators (an alternate panel may be requested by either party), from such panel the Employer and the Union will select the arbitrator.

The Employer and the Union shall each alternately strike from this list of names of the proposed arbitrators, one at a time until only one (1) name remains on the list. The name of the arbitrator remaining on the list shall be deemed as accepted by both parties. If the arbitration hearing has not opened within sixty (60) days from the date of the request for arbitration unless delay beyond that time is due to the Company or the impartial arbitrator, the matter shall be withdrawn and closed.

Section 5;

The written opinion and award of the Arbitrator Union and the employee, and shall be enf

Section 6;

The Arbitrator shall have jurisdiction and shall have no power or authority terms of this Agreement.

Section e fi onclusive and binding upon the Employer, in urt of competent jurisdiction.

ncern g grievances as defined in this Article amend, delete or modify in any way the

All fees and expenses of the Arbitrator and the Arbitration shall be divided equally between the Employer and the Union. Each party shall, however, bear the cost associated with the presentation of their respective cases.

Section 8;

At all Arbitration sessions, employees shall be represented solely and exclusively by the Union. The Employer and/or Union may be represented by counsel or other representatives of their choosing.

Section 9;

Nothing contained herein shall require the Union to process any Union or employee grievance which in its opinion would be without merit, and no employee shall have the right to arbitrate his or her grievance should the Union deem it without merit.

Section 10;

Grievances will be considered settled at any of the above steps unless appealed to the next step within the applicable number of working days. Failure to process the grievance to the next step shall mean that co nfid entia l

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Apr 1 the grievance shall be settled on the basis of the last decision rendered by the Employer and shall not be subject to any further process.

Section 11:

The time limits set forth herein may be extended by written agreement between the Employer and the Union.

Section 12;

It is intended and agreed that the procedure herein establish for the adjustment of grievances shall be the exclusive means for the determination of all grievances, including the arbitrability of any grievance.

ARTICLE X

UNION BUSINESS REPRESENTATIVES AND STEWARDS

Section 1;

The Employer agrees that a Business Agent may inspect the shop during working hours, provided he or she first checks in with management. The Business Agent's duties include consulting with and assisting the steward, investigating working conditions and ensuring compliance with the terms of this Agreement.

The Union's right of access hereunder shall not be exercised in such a way as to disrupt the Employer's operations or the normal flow of business of the Employer.

Section 2;

The Employer recognizes the right of the Employer's employees to handle such and to see that the terms of this Agr nt The Union has the right to appoint the ste concern it has regarding the designati l pa, engage in good faith conversation to ad • r discriminating against any steward for the this Agreement. The Union will provide a writte representatives and will notify the Employe a y changes. The Shop Steward(s) shall perform his or her functions on non-working time unles p racticable. In that event, the Shop Steward(s) may perform his or her function during working hours as long as they are exercised in such a way so as not to disrupt the Employer's operations, the normal flow of business or the customer's operations.

nd remove steward(s) from among the

• s d ated to them from time to time i pli- b oo ployer and the employees. ied ). T p Y y address with the Union any st rd(s). The Union and the Company shall o raised by the Company. There shall be no r nc his or her duties or enforcing compliance with 8f its Shop Steward(s) and credentialed

Section 3;

The steward's duties are:

a) Examination of dues books of all bargaining unit employees to determine their good standing provided herein.

b) Adjustment of complaints or grievances with the employee and supervisor as provided by this Agreement, and if unable to do so, to call the Business Agent for assistance.

Section 4;

The Employer shall give the Union at least forty-eight (48) hours notice of its intention to lay off the steward in all cases. A steward shall be the last person laid off, provided he or she is qualified to do the remaining work.

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ARTICLE X(

PAYDAY

All employees are paid weekly every Friday. The normal pay period runs from Monday through Sunday.

Wages shall be paid by check or direct deposit. All employees shall receive an itemized statement showing their hours of work, deductions made and net pay. The Employer reserves the right to change the pay cycle, provided that employees will continue to be paid weekly.

ARTICLE XII

LEAVES OF ABSENCE

Section 1: Bereavement Leave

The purpose of this policy is to protect employees from loss of income when they must be absent on regularly scheduled work days due to the death of an immediate family member. Immediate Family shall be defined as any of the following family members: Spouse, Parent, Stepparent, Parent-in-Law, Grandparent, Grandparent-in-law, Step-Grandparent, Grandchild, Step-Grandchild, Child, Step-Child, Son-in-Law, Daughter-in-law, siblings, Step-brother, Step-Sister, Brother-in-Law, or Sister-in-Law and any family member as defined above that is obtained through adoption or legal guardianship.

Employees shall receive three (3) days pay for death of a designated family member. Employees shall receive (4) four days bereavement for travel greater than 500 miles.

Section 2: Jury Duty

Employees called to jury duty, as prescribed receive pay for up to the first ten (10) da summoned for jury duty must notify th • provide a copy of the summons prio serving they are discharged from jury duty, in day. Pay for jury duty shall be calcul t th not count as time worked for overtime cal < s.

Section 3: Military Service s 1e eive the necessary time off for service and are re 'red by the court. Employees receipt of the jury summons and

ty. ye expected to return to work when service are not required for the full working ploy base rate, up to eight hours daily, and does n t , Employees who are inducted into the AW Forces of the United States shall be granted a military leave of absence without pay and their reemployment rights shall be governed by the provisions of the applicable statutes or regulations.

Section 4;

An unpaid temporary disability leave of absence (which shall include maternity leave) of up to ninety

(90) days duration may be granted to the employees by the employer for those employees who do not qualify for leave under the provisions of the Family and Medical Leave Act.

Section 5;

The request for temporary disability leave of absence shall be made by the employee in writing to the employer, accompanied by a statement from his physician. It shall be the responsibility of the employee to keep the employer informed about his/her progress on a monthly basis.

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Section 6;

The employee will be guaranteed his/her former position unless this position has been affected by layoff.

He/she will receive any increase in salary, which has been granted, during his/her absence. The employee shall suffer no loss of seniority.

Section 8;

The company will conform to the provisions of the Family Medical Leave Act of 1993 including the amended leave for Service Members and Caregivers of injured Service Members. As allowed by law, in all leaves the Employer may require employees to simultaneously take leave under the Family and Medical Leave Act and any Employer provided leave.

ARTICLE XIII

SAFETY SHOE ALLOWANCE

The Employer will reimburse an employee up to $150.00 per year for the purchase of safety shoes.

During each calendar year, a full time employee may submit one or more receipts for the purchase of safety shoes and be reimbursed for the costs of those shoes up to $150.00 total (not per pair).

Reimbursement is only available with a legible receipt(s) and properly completed reimbursement request form submitted to one's direct supervisor.

ARTICLE XIV

s

Section 1;

Safety is a top priority for the Emplo • regulations necessary to govern the co available a copy of these rules to the

Section 2;

union.

e nd as established rules and loyees: The Employer shall make

Any employee involved in any accident immediately report the accident and the personal injury sustained, if any, and shall put the report in writing to the Employer within (24) hours of such incident occurring.

Section 3;

The Employer may conduct drug and alcohol testing of applicants and employees in accordance with the Employer's drug and alcohol policy.

Section 4;

Employees whose job descriptions require that they operate company vehicles shall maintain, as a condition of employment, valid, active, applicable and insurable driver's licenses that meet the classification standards for the vehicle to be operated.

Section 5;

No employee shall be required to drive or operate any vehicle or piece of equipment, which is not equipped with all safety devices or is in an unsafe condition as prescribed by law. The employee must co nfid entia l

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Apr 1 report all defects in equipment in writing on forms supplied by the Employer as promptly as such is discovered so that the Employer may correct such defects as promptly as possible. Employer shall pay employee straight time wages for all time spent appearing in court or at deposition in matters where Employer subpoenas, compels or requests employee's attendance. Employer shall reimburse employees pursuant to Employer's travel policy for employee's travel outside of Duval County, Florida.

ARTICLE XV

PERSONAL/ SICK LEAVE/VACATION

Section 1;

Upon Employer approval, personal vacation and sick time (PTO) may be used at the employee's discretion with prior management approval.

Section 2;

PTO is accrued according to an employee's length of service based on the following schedule.

Years of Service Less than (2) years

(2) but less than (5) years

(5) but less than (10) years

(10) but less than (15) years

(15) years or more

Weekly Accrual Rate 2.00 2.77 3.54 4.31 5.07

Section 3;

In the event an employee is laid off or r it employee. Employees terminated fo a Section 4;

In the event of death of an employee, UNUSED chosen by the Employee for life and AD&D bene

Section 5;

n I f

Maximum Accrual 104 hours (13 days) 144 hours (18 days 184 hours (23 days) 224 hours (28 days) 264 hours (33 days) un d

TO days shall be paid to the

PTO.

days shall be paid to the employee's beneficiary as

The usual payroll deductions will apply to PTO pay.

Section 6;

PTO days can be taken in any increments as needed by the employee.

Section 7;

Unused time may be carried from one calendar year to another up to a maximum accrual of 240 hours.

An employee's accrual balance may be higher than 240 hours during the year, but any hours in excess of 240 following the final Sunday of the calendar year will be paid to the employee as per Section 8 below. Denial of requested time off near year-end will not be considered grounds for exception.

Section 8;

Employees may receive a disbursement of unused PTO as long as the following conditions are met. A written request is made to management at least two weeks prior to the requested payout. These pay-outs will occur as part of the weekly payroll processing. The pay-out amount may not exceed 40 hours co nfid entia l

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Apr 1 per request and only one request can be made for a given payroll run. A pay-out request may not reduce an associate's available bank of PTO below 80 hours. This minimum must be on-hand at the time of the request assuming the requested hours were already deducted.

Section 9;

Assuming the 80-hour minimum described above is maintained, associates may donate unused hours to other employees who are in need of additional PTO. All donations must be approved by management.

Section 10;

Employees are required to use available PTO to cover unapproved absences.

Section 11:

PTO may be postponed or rescheduled for a later date upon management approval.

ARTICLE XVI

HOLIDAYS

Section 1;

All regular full-time employees are eligible for the below paid holidays. If the holiday falls on a Saturday the holiday shall be observed on the preceding Friday if it falls on Sunday, the following Monday shall be observed as the holiday.

New Year's Eve (Starting 2020) New Year's Day Martin Luther King Day (Sta President's Day (Starting 202 Memorial Day Independence Day Labor Day Thanksgiving Christmas Eve Christmas Day

Section 2;

To be eligible for holiday pay, if scheduled, employees must work the last paid day immediately preceding and the first paid day following the holiday unless the day is scheduled in advance and approved by the Employer.

Section 3;

Holiday pay shall be considered eight (8) hours straight time pay at the Employee's primary position rate including any IICL or further mutually agreed upon certifications.

ARTICLE XVII

HOURS OF WORK

,Section 1;

Any employee called back to work after being sent home shall be guaranteed four (4) hours pay at the applicable pay rate. This is exclusive of all military operations.

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Section 2;

Overtime pay at the rate of one and one-half times his/her regular rate of pay for all hours worked in excess of 10 hours per work day or 40 hours in a work week. Overtime pay in excess of 10 hours per day shall be exclusive of all military, power and container/chassis repair shop operations.

Section 3;

Work on holidays specified in Article XV, Section 1, will be paid at one and one-half times the regular base rate with the exception of Christmas Day and New Year's Day. Work performed on Christmas Day and New Year's Day shall be paid at twice the regular base rate.

Section 4;

Any employee who reports to work shall be paid a minimum of four (4) hours.

Section 5;

Employees shall be granted a fifteen (15) minute mid-morning and fifteen (15) minute afternoon break.

The Employer shall assign meal breaks as operational needs dictate.

Section 6;

Time will be rounded and paid in half hour increments

Section 7;

Any employee who reports to work on a exclusive of all military operations.

Section 1;

• y minimum

Seniority shall mean the length of contin service with the Employer. A seniority list shall be prepared by the Employer and maintained by the Employer. The date of hire for purposes of seniority determination shall be the date hired by the Employer. The date of hire shall be used as the employee's seniority date for purpose of promotion, transfer, layoff, vacation and any other employment situation where seniority shall be a determining factor for employees. Employees hired prior to the execution date of this Agreement, shall maintain their currently recognized date of hire for seniority purposes.

Employer will furnish a seniority list and man hours to OE by January 15'h of each year.

of six (6) hours. This is o

Section 2:

Employees shall lose all seniority rights for the following reasons:

Voluntary resignation Discharge for just cause Layoff for a continuous period of more than one (1) year Failure to return to work within five (5) working days after being recalled from a layoff co nfid entia l

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Section 3;

In the event of a layoff, seniority will be based by classification. The least senior employees shall be the first to be laid off and rehiring shall be in the inverse order, provided, the person to be rehired shall be qualified to do the job. Management shall exercise reasonable and non-discriminatory judgment in the conduct of layoffs.

Section 4;

Newly hired employees shall be considered on a probationary basis for a period of ninety (90) calendar days. During the term of said probationary period, such employees shall be entitled to all rights and privileges of this agreement except with respect to discharge and wage increases. Such employees may be terminated at any time during the probationary period without recourse through the grievance and arbitration procedure.

Section 5;

The Employer shall place bargaining unit personnel that are not in bided positions into open positions based on seniority and qualifications. Employees performing bided positions will be placed on the seniority list for open positions, if qualified, provided there are no qualified open position employees available for work. Bided positions are as follows; TIR Clerk, Warehouse Clerk, Terminal Stacker Operator, Terminal Foreman, Warehouse Foreman, Mechanic Helper, Mechanic, Lead Mechanic, and designated Terminal and Warehouse positions. This includes any other bid position not listed above.

PROMOTIONS SFERS AND HIRING

Section 1;

Whenever a bided job opening exists in provided to each Shop Steward and Such notice shall include job title. All p apply for the position. In filling the opening, for such positions. The Employer agrees not until the five (5) working day bidding perio shall be notified in writing regarding th

Section 2;

ve advertising such opening shall be t t ,ility for a period of five (5) working days.

wh themselves qualified for the position may pl r will select the most senior qualified applicant t is rview any applicants from outside the bargaining unit co pleted. Employees who apply for the job opening loyer's decision within a reasonable period of time.

selected shall be placed on probation for thirty (30) calendar days. During this probation period if the Employer judges the employee to be unsatisfactory, he shall be returned to his former position.

Section 3;

The Employer will give the IUOE first chance to fill a new job opening before hiring from the open market.

Section 4;

All new hire employees must pass and maintain a valid DOT physical.

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Section 5;

In order to be eligible to work any military cargo or cargo related to military contracts, employees must pass and maintain acceptance according to any and all U.S. Government performed background checks.

Article XX

WORKING CONDITIONS

Section 1;

The Employer agrees to provide clean and sanitary toilet facilities as per OSHA standards.

Section 2;

The Employer shall provide and maintain water coolers, iced in warm weather, which are accessible to all employees during working hours.

Section 3;

The Employer agrees to install a bulletin board at the facility where Union bulletins may be posted covering routine Union matters by authorized employees (Shop Stewards and Union Officials).

Section 4;

The Employer shall maintain at all times a first aid at e facility. The Employer will continue to maintain in its facility safe and healthful conditi wo its employees. It shall be the obligation of each employee to work in a safe manner to ployers att ntion any unsafe conditions of practices.

Section 5;

When an employee is injured on the j d s and receives medical treatment, the employee shall be paid the scheduled shift a total of eight (8) hours for that work day.

Section 6;

Employees performing duties in more than one classification during the same work day, shall be compensated the highest hourly rate of pay of those classifications worked for the entire day.

Section 7;

For all terminal and gate labor, when operations dictate handling both military and commercial cargoes, commercial wages shall apply. Cargo operations and volumes shall be no more than three (3) hours of work and shall not require additional manning from daily commercial cargo manning.

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ARTICLE XXI

WAGES

See Appendix A, B, & C

ARTICLE XXII

BENEFITS

Nothing in this Article shall be construed to be other than a condensation of the benefits negotiated as part of this Agreement. In the event of any question or necessary verification of an employee's benefits under this Agreement, the Plan Document and the Employee Booklet distributed to each employee subsequent to the signing of this Agreement shall be considered to be controlling.

Each year during the term of this Agreement, the Employer may bid out the terms and prices for benefits coverage and select coverage(s) to be made available to Employees. The coverage terms, prices for coverage and benefits available may change from year to year. Employees will pay no more than the contributions as expressed in this Agreement. In the event the Company is able to obtain insurance premium savings on a year to year basis, the Company will discuss reducing the required Employee contributions with the Union. The Company also has the right to negotiate with the Union revised Employee contributions if the premiums exceed a financially viable level based on the established Employee contributions. The Company may choose a health insurance plan(s) or coverage that provides lesser benefits than offered in previous years. Company reserves the right to determine what coverage and plan(s) will be offered. Employee paid plans may be removed or changed at anytime.

Employees shall be required to pay the following w, HSA

Employee Only Employee + Spouse Employee + Children Employee + Family

PPO

Employee Only Employee + Spouse Employee + Children Employee + Family

Employee Paid Plans

Superior Vision Cigna Insurance Unum Insurance Colonial Supplemental Insurance

Base

14 .15 134.90 181.15 kl kly remiums for the periods listed:

/2020

1/1/2021- 1/2021

8.24 61.34 59.31

1/1/2022- 12/31/2022

6.57 48.88 47.26

8.02 92.25 73.51

33.80 31.81 25.35

123.38 116.12 92.54

114.67 107.92 86.00

153.97 144.92 115.48 co nfid entia l

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Article XXII(

PENSION

All Contractors signatory to this Agreement agree to pay into the Operating Engineers' Central Pension Fund for every hour worked by Operating Engineers or Apprentices at the rate as prescribed under Article 21, Wages. Payments to this shall be made payable to the Central Pension Fund, 4115 NW Chesapeake Street, Washington, D.C. 20016.

Both the Union and the Contractors, by execution of this Agreement, agree to abide by the Trust Agreement, together with any amendments thereto, adopted by said funds, and said Trust Agreement shall be considered as a part of this Agreement, as though set forth herein. The aforesaid contributions shall be based on every hour worked for all commercial, SDDC and MPF contract operations.

The commercial base rate shall be $1.33 per hour worked as of 12/31/19. This rate shall increase each year of this contract by 10%.

The aforesaid contributions shall be based on every hour worked for all Blount Island Command Marine Corps. operations.

The SDDC base rate shall be $.85 per hour worked as of 12/31/19. This rate shall increase each year of this contract by 10%.

The MPF base rate shall be $0.50 per hour worked as of 12/31/19. This rate shall increase each year of this contract by 10%.

e

Section 1;

The Employer is willing to agree to increase url pay of mechanics working in the container and chassis repair shop with an additional $1.00 r per IICL Certification (chassis, container), with a maximum cap of $1.50 per hour. This premium pay would be added to their regular rate of pay.

Section 2;

Employees will receive the same premium pay for any TIR clerk who attains IICL certification. This premium pay will be $1.00 per hour per IICL Container or Chassis Certification, with a maximum cap of $1.50 per hour. This premium pay would be added to their regular rate of pay.

Section 3;

In order to receive this benefit, employees must be working in the department relating to that certification, i.e. a mechanic needs to stay in the container and chassis repair shop or a TIR Clerk must be working as a TIR Clerk in order to receive this premium pay.

Section 4;

If the employee's certification runs out and is not renewed, then his/her premium would also end until they re-certify.

Section 5;

If required by the employer, the employer shall be responsible for all fees associated with the certification. In not required, the employee shall be responsible for all fees associated with the co nfid entia l

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Apr 1 certification as well as all time taken for certification. If the employee does not satisfactorily complete the certification process, the cost of the certification shall be the responsibility of the employee.

ARTICLE XXV

MISCELLANEOUS

Section 11:

Should any provision of this Agreement be declared illegal by any court of competent jurisdiction, such provision shall immediately become null and void leaving the remainder of the Agreement in full force and effect and the party shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable laws.

Section 2;

All time limits in this Agreement may be extended by mutual agreement.

Section 3;

This Agreement shall remain in full force and effect through (date), and thereafter from year to year unless not less than sixty (60) days nor more than ninety (90) days prior to any date of expiration, notice is given to the party desiring to change the Agreement.

Section 4;

Employer retains all common law rights except o se

5;

Employees in the heavy equipment sh worked.

Section 1;

ly bargained away in this Agreement.

II be entitled to a tool allowance of $0.50 per hour

AL INCENTIVE

The Employer shall pay an annual incentive to all qualified employees in good standing. The incentive shall be paid during the first pay period of each year of the agreement after December 1St.

Section 2;

In order to be eligible for the incentive, all Employees must have qualified for benefits. In addition, any employee on an approved personal leave of absence, FMLA leave, workers compensation shall have said time on leave excluded and have the overall incentive prorated based upon actual time available for work. PTO does not apply to this exclusion.

Section 3;

Any Employee hired during the year will have their payment prorated based upon qualified time of employment.

Section 4;

Years of service calculations shall be the same as PTO years of service calculations.

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Section 5;

All applicable payroll deductions shall apply.

Section 6;

Payment shall be:

10 or more years of service: $500.00 5 years to less than 10 years of service: $350.00 2 years to less than 5 years of service: $250.00 Less than 2 years of service: $100.00 co nfid entia l

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IN WITNESS WHEREOF, the parties herein have caused this agreement to be executed by their respective officers and their seals to be affixed the day herein first above written, PORTUS STEVEDORING LLC

8693 Maritime Street Jacksonville, FL 32226

Signature:

Name:

Date:

1 , INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL NO. 673, AFL-CIO

8366 Devoe Street Jacksonville, FL 32220

Signature:

Name:

Date: _ co nfid entia l

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Appendix A- Commercial Wages and Pension Contribution

Wages 2019 Base Year

Gross Wages

TIR Clerk $21.28

Warehouse Clerk $21.28

Billing Clerk $23.78

Vessel Clerk $21.28

M&R Clerk $16.53

Terminal Driver $21.28

Vessel Driver $21.28

Warehouse Driver $20.03

Topman $22.53

Flagman $20.78

Terminal Stacker $23.53

Vessel Stacker $23.53

Warehouse Forklift $21.03

Vessel Forklift $21.03

Terminal Forklift $21.03

Crane Operator $29.78

Warehouse Header $21.78

Vessel Header $26.23

Terminal Header $23.78

Warehouse Gangman $19.03

Vessel Gangman $20.53

Terminal Gangman $20.53

Mechanic Helper $20.28

Mechanic $22.93

Lead Mechanic $25.28

Linesman $19.78

Gearman $21.53

Pension 2019 Base Year

Pension

$1.33

1/1/2020-12/31/2020

Increase Gross Wages

$0.53 $21.81

$0.53 $21.81

$0.59 $24.37

$0.53 $21.81

$0.41 $16.94

$0.53 $21.81 $0.53 $21.81 $0.50 $20.53 $0.56 $23.09

$0.52 $21.30

$0.59 $24.12

$0.59 $24.12

$0.53 $21.56

$0.53 6

$0.53 2

4 0

$0. $1s1 $0.51 $21.04

$0.51 $21.04

$20.79

$0.57 $23.50

$0.63 $25.91 $0.49 $20.27

$0.54 $22.07

1/1/2020-12/31/2020

Increase Pension

$0.13 $1.46 e

1/1/2021-12/31/2021

Increase Gross Wages

1/1/2022-12/31/2022

Increase Gross Wages

$0.55 $22.36 $0.56 $22.92

$0.55 $22.36 $0.56 $22.92

$0.61 $24.98 $0.62 $25.61

$0.55 $22.36 $0.56 $22.92

$0.42 $17.37 $0.43 $17.80

$0.55 $22.36 $0.56 $22.92

$0.55 $22.36 $0.56 $22.92

$0.51 $21.04 $0.53 $21.57

$0.58 $23.67 $0.59 $24.26

$0.53 $21.83 $0.55 $22.38

$0.60 $24.72 $0.62 $25.34

$0.60 $24.72 $0.62 $25.34

$0.54 $22.09 $0.55 $22.65

$0.54 $22.09 $0.55 $22.65

$0.54 $22.09 $0.55 $22.65

( -, 7 $31.29 $0.78 $32.07

6 $22.88 $0.57 $23.45

$0.67 $27.56 $0.69 $28.25

$0.61 $24.98 $0.62 $25.61

$0.49 $19.99 $0.50 $20.49

$0.53 $21.57 $0.54 $22.11

$0.53 $21.57 $0.54 $22.11

$0.52 $21.31 $0.53 $21.84

$0.59 $24.09 $0.60 $24.69

$0.65 $26.56 $0.66 $27.22

$0.51 $20.78 $0.52 $21.30

$0.55 $22.62 $0.57 $23.19

1/1/2021-12/31/2021 1/1/2022-12/31/2022

Increase Pension Increase Pension

$0.15 $1.61 $0.16 $1.77 co nfid entia l

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Appendix B - SDDC Wages and Pension Contribution US Army Work

Gross Wages

1/1/2020-12/31/2020

Increase Gross Wages

1/1/2021-12/31/2021

Increase Gross Wages

1/1/2022-12/31/2022

Increase Gross Wages

Longshoreman $21.56 $0.54 $22.10 $0.55 $22.65 $0.57 $23.22

Checker / Clerk $26.06 $0.65 $26.71 $0.67 $27.38 $0.68 $28.06

Mechanic / Driver $24.56 $0.61 $25.17 $0.63 $25.80 $0.65 $26.45

Crane Op. / Flagman $27.06 $0.68 $27.74 $0.69 $28.43 $0.71 $29.14

Header / Foremen $27.06 $0.68 $27.74 $0.69 $28.43 $0.71 $29.14

Pension 2019 Base Year 1/1/2020-12/31/2020 1/1/2021-12/31/2021 1/1/2022-12/31/2022

Pension Increase Pension Increase Pension Increase Pension

$0.85 $0.09 $0.94 $0.09 $1.03 $0.10 $1.13 o co nfid entia l

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Appendix C - USMC Blount Island Wages and Pension Contribution for MPF Work

Gross Wages

1/1/2020-12/31/2020

Increase Gross Wages

1/1/2021-12/31/2021

Increase Gross Wages

1/1/2022-12/31/2022

Increase Gross Wages longshoreman $24.06 $0.60 $24.66 $0.62 $25.28 $0.63 $25.91

Checker / Clerk $26.56 $0.66 $27.22 $0.68 $27.90 $0.70 $28.60

Mechanic / Driver $24.56 $0.61 $25.17 $0.63 $25.80 $0.65 $26.45

Crane Op. / Flagman $27.06 $0.68 $27.74 $0.69 $28.43 $0.71 $29.14

Header / Foremen $27.06 $0.68 $27.74 $0.69 $28.43 $0.71 $29.14

Pension 2019 Base Year 1/1/2020-12/31/2020 1/1/2021-12/31/2021 1/1/2022-12/31/2022

Pension Increase Pension Increase Pension Increase Pension

Wages

Longshoreman

Checker / Clerk

Mechanic / Driver

Crane Op. / Flagman

Header / Foremen

Pension

$0.50 $0.05 $0.55 $0.06 $0.61

2019 Base Year

Gross Wages

$29.62

In

$32.75 $0.8

$30.25 $0.76

$33.37 $0.83

$33.37 $0.83

2019 Base Year

Pension

$0.50 siv

0.36

(433.

$31.01

$34.20

$34.20

1/1/2020-12/31/2020

Increase Pension

$0.05 $0.55 l ease Gross Wages

$0.06 $0.67

1/1/2022-12/31/2022

Increase Gross Wages

$0.76 $31.12 $0.78 $31.90

$0.84 $34.41 $0.86 $35.27

$0.78 $31.78 $0.79 $32.58

$0.86 $35.06 $0.88 $35.94

$0.86 $35.06 $0.88 $35.94

1/1/2021-12/31/2021 1/1/2022-12/31/2022

Increase Pension $0.06 $0.61

Increase

$0.06

Pension

$0.67

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MEMORANDUM OF UNDERSTANDING

This Memorandum of understanding is entered into by and between Portus Stevedoring LLC (hereinafter referred to as 'Employer') and the International Union of Operating Engineers (hereinafter referred to as 'Union'). The Employer and the Union are currently parties to a labor agreement (hereinafter referred to as 'the Agreement') with and effective date of January 1, 2020 due to expire on December 31, 2022.

The parties have met and discussed certain terms and conditions contained in the aforementioned collective bargaining agreement and agree to the following changes with respect to employee Simeon Crewes.

The employer will continue to direct contribute to the International Union of Operating Engineers Benefits fund amounts as per the following:

$5.50 per every hour worked up to a maximum of 40 hours per week for the health benefits only of Mr. Crews. Said amount shall be effective from January 1, 2020 through December 31, 2020.

The above agreement shall become effective 20. The remainder of the Agreement shall remain unchanged unless the partie all otherwise.

Dated: /4 AO CP

Portus Stevedoring LLC

Union of Operating Engineers

673, AFL-CIO

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