Revised_Attachment_B-_Wage_Determinations.pdf

Attachment B- Wage Determinations

B-1

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-8678

Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 4/28/2016 State: Massachusetts

Area: Statewide

Employed on Military Sealift Command contract for the Operation and Maintenance of seven (7) Bob Hope Class large medium speed roll-on/roll-off (LMSR) vessels.

Collective Bargaining Agreement between contractor: American Overseas Marine Corp., and union:

American Maritime Officers, effective 4/15/2016 through 4/14/2017.

In accordance with Section 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).

Page 1 of 1CBA WD

4/28/2016http://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2016-8678

APPENDIX “A”

(ECONOMIC MATTERS)

(N00033-10-C-5300) SEVEN (7) LMSR’s

I. Full Operating Status (FOS) and Pre-Delivery

A. Wages

1. The following Monthly Base Wages, NWA’s and Hourly Overtime Rates shall be paid to Officers employed on a vessel in FOS and Pre-Delivery effective April 15, 2016:

Monthly

Working Base Monthly

Benefit Base Monthly

NWA

Hourly

O/T Rate:

Master $14,934.69 $12,422.64 $2,512.06 $2,674.11* Chief Engineer 14,675.66 12,207.02 2,468.62 2,674.11* C/O; 1A/E 11,537.73 7,726.18 1,562.37 55.74

RO;ET 10,797.09 7,229.45 1,462.33 52.17

2/O; 2A/E 10,053.91 6,732.70 1,361.50 48.55 Electronics Officer 9,495.22 6,359.02 1,285.94 45.87 3/O; 3A/E 8,759.58 5,865.61 1,185.85 42.32

* Monthly Payment (prorated) in lieu of all other forms of additional compensation, unless otherwise provided.

Port Relief Rate: $45.64 per hour Premium: $17.04 per hour Engine Room Standby at Sea: $34.28 per tour (unattended engine room vessels) Engine Room Standby in Port: $17.04 per hour (unattended engine room vessels)

2. The following Monthly Base Wages, NWA’s and Hourly Overtime Rates shall be paid to Officers employed on a vessel in FOS and Pre-Delivery effective April 15, 2017:

Monthly

Working Base Monthly

Benefit Base Monthly

NWA

Hourly

O/T Rate:

Master $15,382.73 $12,795.32 $2,587.42 $2,754.33* Chief Engineer 15,115.93 12,573.23 2,542.68 2,754.33* C/O; 1A/E 11,883.86 7,957.97 1,609.24 57.41

RO;ET 11,121.00 7,446.33 1,506.20 53.74

2/O; 2A/E 10,355.53 6,934.68 1,402.35 50.01 Electronics Officer 9,780.08 6,549.79 1,324.52 47.25 3/O; 3A/E 9,022.37 6,041.58 1,221.43 43.59

N00033-10-C-5300 LMSR

Effective April 15, 2017

* Monthly Payment (prorated) in lieu of all other forms of additional compensation, unless otherwise provided.

Port Relief Rate: $47.01 per hour Premium: $17.55 per hour Engine Room Standby at Sea: $35.31 per tour (unattended engine room vessels) Engine Room Standby in Port: $17.55 per hour (unattended engine room vessels)

The Monthly Working Base represents a 56 hour work week for all Officers except Masters and Chief Engineers, which represents the sum of the Monthly Benefit Base plus the Monthly NWA, and shall be paid to Officers for shipboard employment.

NWA shall be added to the Benefit Base Wages for the purposes of calculating Vacation and MPB benefits for all Officers.

For the purpose of calculating defined contribution benefits, the Officers’ earned Monthly Benefit Base Wage shall be used to calculate benefits for all shipboard and vacation days.

B. FOS Officers

Routine assignment periods shall be a minimum of four (4) months unless otherwise specified at time of dispatch.

1. Premium Rate: Premium Rate is payable when an Officer performs “dirty work” and/or “unlicensed work.”

2. Port Relief Rate: The Port Relief Rate shall be paid for all hours Port Relief Officers are employed. Port Relief Officers shall be employed on weekends and holidays when a vessel is in FOS in a United States port or whenever otherwise requested by the Company. Weekends shall commence at 1700 hours Friday and end at 0800 hours Monday. Holidays shall commence at 1700 hours on the eve of the holiday and end at 0800 hours the day after the holiday. When Port Relief Officers are required but not employed, the applicable overtime rate shall apply for the shipboard Officer on holidays, for all hours in excess of eight (8) on weekends, and between 1700 and 2400 on Fridays and 0000 and 0800 on Mondays.

3. Overtime: For all hours of work performed in excess of eight (8) hours in any one (1) day and for all hours of work performed on holidays, Officers, (except Masters and Chief Engineers) shall be paid at their overtime rate. Masters and Chief Engineers shall receive an additional day’s pay (Monthly Working Base divided by 30) for working holidays.

4. Overtime Rule: When overtime work is performed, such work shall be paid at one half (½) hour increments except for the first hour, which shall be a full hour. There shall be no pyramiding of overtime.

5. Vacation: Effective the first day of operation, Master, Chief Engineer, Chief

Mate and 1st Assistant Engineer shall be entitled to thirty (30) days of paid vacation for each thirty (30) days of shipboard employment. All other Officers shall be entitled to twenty six (26) days of paid vacation for each thirty (30) days of shipboard employment.

II. Reduced Operating Status (ROS) and Repair Availability (RAV)

A. Wages

1. The following weekly rates of pay and hourly overtime rates shall be paid to Officers employed on a vessel in ROS and RAV effective April 15, 2016:

Weekly Base: Hourly O/T Rate:

Master $2,579.68 $67.51 Chief Engineer 2,570.81 62.98 C/O; 1A/E 2,181.98 51.42 2/O; 2A/E 1,901.25 43.34 3/O; 3A/E 1,684.69 37.80

Premium Rate: $17.04 per hour

Engine Room Standby in Port: $17.04 per hour

2. The following weekly rates of pay and hourly overtime rates shall be paid to Officers employed on a vessel in ROS and RAV effective April 15, 2017:

Weekly Base: Hourly O/T Rate:

Master $2,657.07 $69.54 Chief Engineer 2,647.93 64.87 C/O; 1A/E 2,247.44 52.96 2/O; 2A/E 1,958.29 44.64 3/O; 3A/E 1,735.23 38.93

Premium Rate: $17.55 per hour

Engine Room Standby in Port: $17.55 per hour

For the purpose of calculating defined contribution benefits, the Officers’ earned Weekly Base Wage shall be used to calculate benefits for all shipboard and vacation days.

B. ROS/RAV Officers

1. Work Week: The week shall be Monday through Sunday, during which

Officers shall work Monday through Friday (0800-1700) with a mutually agreed upon rotating overnight, weekend and holiday watches or security checks as required. Weekly wages shall be divided by seven when determining earnings for Officers who work less than a full week; provided, however, that no Officer shall receive less than the above noted weekly rate of pay when such Officer works Monday through Friday and the vessel remains in ROS throughout the subsequent weekend. Contributions to AMO Plans shall be made on a seven (7) day per week basis.

2. Security Watches: In line with the RFP and federal regulations, security checks/watches may be in effect during ROS twenty-four (24) hours per day and seven (7) days per week. The duties associated with vessel security shall be shared equally by all shipboard Officers. ROS vessel security duties may include answering alarms, performing security rounds and assuring that unauthorized personnel do not board the vessel. The Officer must respond to contingencies including fires, flooding, security breaches and equipment failures. The vessel security duty Officer shall be compensated at the rate of $50.00 per day Monday – Friday (including holidays) and $100.00 per day on Saturdays and Sundays. Officers who are required to perform work during the security duty shall be paid at their overtime rate for all such hours in addition to the above compensation.

3. Overtime: For all hours of work performed in excess of eight (8) hours in any one (1) day, Monday through Friday, and for all hours of work performed on weekends and holidays, all Officers shall be paid at their overtime rate. There shall be no pyramiding of overtime.

4. Premium Rate: The Premium Rate is payable when an Officer performs

“dirty work” and/or “unlicensed work.”

5. Call Back: It is understood and agreed that on holidays in port, the Security

Watch Officers and Duty Engineers on unattended engine room vessels shall receive eight (8) hours of pay at their overtime rate and all other Officers called back to work on Saturdays, Sundays and holidays shall receive a minimum of four (4) hours of pay at their overtime rate.

6. Vacation and Sick Days: Officers shall earn one and a half (1.5) days of paid vacation and one (1) day of paid sick leave for each thirty (30) days on the payroll. Pay in lieu of time off for earned vacation days is permissible.

Payment of vacation and sick days shall be paid directly by the Company.

7. Routine Tour: Officers assigned to a vessel when in ROS/RAV must remain aboard for at least one (1) Routine Tour, in the Officer’s ROS capacity or higher, when such vessel is put into FOS.

FOS and ROS/RAV Miscellaneous

A. Wage Increases and Commencement of Wages

1. There shall be a three (3%) percent across the board wage increase effective each anniversary date for the life of this Agreement starting with the first anniversary. The anniversary date of the contract shall be established as the commencement of operation of the first vessel, April 15, 2010.

2. Wages shall commence no later than the day the Officer actually “turns-to” aboard the vessel.

3. All wages and benefits shall apply as specified herein regardless of vessel location.

B. Transportation, Subsistence and Lodging

1. Transportation:

a) Launch service to and from a vessel shall be provided, when necessary, at the Company’s expense.

b) For air travel, unless otherwise provided, between home port of dispatch to ship and vice versa, and, from one Company ship to another Company ship, Officers shall receive economy class air transportation on the most direct route available and be reimbursed for reasonable expenses associated with such travel. For other travel, Officers’ travel expenses shall be reimbursed in accordance with the government’s Joint Travel Regulations (herein JTR) for the area in which the travel occurs.

c) A "travel per diem," equal to the Daily Benefit Base Wage (Monthly

Benefit Base divided by 30 for FOS, or Weekly Base divided by 7 for ROS/RAV), shall be paid to Officers required to join a vessel outside the Continental United States (fringe benefit contributions are not required), starting the day the Officer flies out or is scheduled to fly out directly to the vessel and ending the day the Officer boards the vessel. Continental United States shall include the 48 contiguous states, "nearby foreign" territories, and the State of Hawaii. Officers departing the vessel at Diego Garcia/Guam will be paid up to and including the day that their flight departs the island. For travel between one Company ship to another Company ship, covered herein, Officers’ wages shall continue at the rate the Officers are employed and all benefit contributions shall be made by the Company.

2. Subsistence and Lodging:

Subsistence and Lodging expenses shall be paid in accordance with the

JTR.

C. Holidays

1. There shall be ten (10) paid holidays for all Officers as follows:

a) New Years Day f) Labor Day

b) Martin L. King Birthday g) Columbus Day

c) President's Day h) Veterans' Day

d) Memorial Day i) Thanksgiving Day

e) Independence Day j) Christmas Day

2. Recognized holidays shall be celebrated on the day proclaimed by the Federal Government otherwise on the day that they occur or on the subsequent Monday if occurrence is on a Saturday or Sunday.

D. Status and Manning Scales

1. FOS, ROS/RAV shall be as defined in the resultant agreement between the

MSC and the Company.

2. While in FOS, ROS/RAV, the manning scale shall be as agreed Upon between MSC and the Company.

3. The manning scales in sub-section D2, herein and directly above, shall be adjusted only in accordance with the provisions of the Agreement between MSC and Company; provided, however, that the manning scale shall always be no less than that required by the Certificate of Inspection issued by the United States Coast Guard.

E. Unattended Engine Rooms

1. For unattended engine room at sea or in port, the number of routine tours of the engine room to be conducted during weekdays, weekends and holidays shall be determined by the Company and Chief Engineer.

2. In port, when a Duty Engineer is required to remain aboard the vessel between the hours of 1700 and 0800 on weekdays and all hours on Saturdays, Sundays and holidays, such Engineer shall be paid at the Engineer Room Standby in Port hourly rate of pay for all such hours; provided, however, that Duty Engineers shall be paid, in lieu of the Engine Room Standby in Port hourly rate of pay, overtime for all hours of work performed during such hours.

3. At sea, for each routine tour of the engine room, the Duty Engineer shall receive the Engine Room Standby at Sea rate of pay and be paid overtime for all hours of work performed in excess of eight (8) hours in any one (1) day and for all hours of work performed on holidays.

4. In port or at sea, no additional compensation shall be paid to the Duty Engineer who merely answers an alarm.

F. Benefit Contributions

1. The Company agrees to become and/or remain party to the various benefits plans and entities and to make contributions thereto in accordance with the Memorandum of Understanding.

2. Except as may be otherwise provided, all benefits contributions shall be made on a day for day basis, that is, when a vessel is in ROS/RAV such contributions shall be made monthly on a seven day week basis (daily contribution rate multiplied by 365 then divided by 12). When a vessel is in FOS such contributions shall be made on the well-established practice of monthly payments within the Rules and Regulations of the various benefit plans.

Bonus Payments

C. War Zone and Imminent Danger Zone Bonuses

1. War - If a vessel is ordered to any port, place, zone, or route involved in a state of war, warlike operations or hostilities, civil strike, or piracy (whether there be a declaration of war or not) where it might reasonably be expected to be subject to capture, seizure, arrest, or hostile act by a belligerent power (whether de facto or de jure), Officers employed thereon shall be entitled to bonus payments provided, however, said payments shall not exceed an amount which would be payable, under applicable laws and regulations, to U.S. civil service mariners in the employ of the Military Sealift Command in a similar port, place, zone or route.

2. Harbor Attack and Vessel Attack Bonuses:

(a) A “Harbor Attack Bonus” and a “Vessel Attack Bonus” of six hundred dollars ($600.00) and one thousand dollars ($1,000.00), respectively shall be paid to all licensed personnel on a per incident basis.

(b) Warning shots across the bow in compliance with International Law does not constitute an “attack” of any kind.

(c) It is understood that when a “Vessel Attack Bonus” is paid, no “Harbor Attack Bonus” shall be paid for that particular harbor on that particular day.

3. Dangerous Cargo Bonus:

(a) When carrying “Dangerous Cargo” of fifty (50) long tons or more, licensed crew members shall be paid an additional ten percent (10%) of their Base Wages commencing the day of commencement of loading through the day of discharge of cargo.

(b) For this purpose, “Dangerous Cargo” is defined as Class “A” dangerous explosives in accordance with the Interstate Commerce Commission’s classification, such as:

(1) Ammunition for cannons of 27mm (1.5 in) caliber or larger;

(2) Ammunition for cannons with explosive projectiles;

(3) Projectiles, grenades, bombs, mines, torpedoes;

(4) Black powder or low explosives;

(5) Ammunition with explosive bullets;

(6) Ammunition with explosive chemicals;

(7) High explosive such as dynamite, etc;

(8) Initiating or priming explosives such as blasting caps; and

(9) Nuclear explosives.

(c) This section shall not apply to small arms, ammunition, signaling devices, etc, carried for the protection of the ship.

D. Additional Insurance

1. For the duration that a vessel is in the above described “zones,” the Company shall provide to Officers, at its own cost, insurance covering loss of life, disability, including dismemberment and loss of functions, detention and loss or damage to personal effects, by a policy substantially in the form of the Second Seamen’s War Risk Policy.

2. The policy amounts payable under such war risk insurance shall be the same as those described in the Second Seamen’s War Risk Policy.

AGREED TO THIS _____ DAY OF JULY, 2016:

American Overseas Marine Corporation American Maritime Officers

Thom Merrell Daniel E. Shea President National Executive Vice President

USNS BENAVIDEZ

USNS BOB HOPE

USNS BRITTIN

USNS FISHER

USNS MENDONCA

USNS PILILAAU

USNS SEAY

NOTE: THE INFORMATION CONTAINED HEREIN IS STRICTLY CONFIDENTIAL

AND IS NOT TO BE DISTRIBUTED IN WHOLE OR IN PART WITHOUT WRITTEN

PERMISSION OF AMERICAN MARITIME OFFICERS.

July 8, 2016

Mr. Kurt J. Oberg, Contracting Specialist Military Sealift Command Building SP-64 471 East C Street Naval Station Norfolk Norfolk, VA 23511

Re: Surge LMSR Aggregate Fringe Benefit Contributions

Dear Mr. Oberg:

The purpose of this letter is to provide information regarding fringe labor costs under the above referenced collective bargaining agreement between American Overseas Marine Corp. and the American Maritime Officers (herein AMO).

American Overseas Marine Corp. contributes the following per billet aggregate amounts to the AMO Vacation Plan, Master Operating Trust Fund, Pension Plan, Medical Plan, FRET Plan and MPB Plan:

Effective April 15, 2016:

Rating

Full Operating Status Daily Aggregate

Reduced Operating Status Daily Aggregate

Master $886.44 $248.68 Chief Mate $633.54 $239.30 Second Mate $535.96 $232.69 Third Mate $494.43 $227.58 Chief Engineer $874.83 $248.47 First Assistant Engineer $633.54 $239.30 Second Assistant Engineer $535.96 $232.69 Third Assistant Engineer $494.43 $227.58 Electronics Technician $559.75 N/A

NOTE: THE INFORMATION CONTAINED HEREIN IS STRICTLY CONFIDENTIAL

AND IS NOT TO BE DISTRIBUTED IN WHOLE OR IN PART WITHOUT WRITTEN

PERMISSION OF AMERICAN MARITIME OFFICERS.

Effective April 15, 2017:

Rating

Full Operating Status Daily Aggregate

Reduced Operating Status Daily Aggregate

Master $906.50 $250.50 Chief Mate $646.03 $240.85 Second Mate $545.63 $234.03 Third Mate $502.85 $228.77 Chief Engineer $894.55 $250.29 First Assistant Engineer $646.03 $240.85 Second Assistant Engineer $545.63 $234.03 Third Assistant Engineer $502.85 $228.77 Electronics Technician $570.14 N/A

Very truly yours, Daniel E. Shea National Executive Vice President American Maritime Officers

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By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2016-8679

Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 4/28/2016 State: Massachusetts

Area: Statewide

Employed on Military Sealift Command contract for the Operation and Maintenance of seven (7) Bob Hope Class large medium speed roll-on/roll-off (LMSR) vessels.

Collective Bargaining Agreement between contractor: American Overseas Marine Corp, and union:

Seafarers International Union, effective 4/15/2016 through 4/14/2017.

In accordance with Section 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).

4/28/2016http://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2016-8679

AGREEMENT

Between

American Overseas Marine

And

Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters Distrtict/NMU, AFL-CIO

Contract #N00033-10-C-5300 USNS Bob Hope, USNS Benavidez, USNS Brittin, USNS Fisher, USNS Seay, USNS Mendonca and USNS Pililaau

MSC Contract #N00033-10-C-5300

American Overseas Marine 1

Agreement between the Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters District/NMU, AFL-CIO (hereinafter referred to as “Union”), and American Overseas Marine (hereinafter referred to as “Company”) its successors and assigns.

Whereas, the Company has been awarded the United States Military Sealift Command’s (hereinafter referred to as MSC) Contract No. N00033-10-C-5300 for the operation and maintenance of seven Large Medium Speed RO/RO (LMSR) vessels.

Now Therefore, the Parities agree that this Agreement applies to all Unlicensed Deck, Engine and Steward Personnel hereinafter employed aboard the vessel(s).

Such crewmembers, unless otherwise indicated, shall be referred to herein as Unlicensed Personnel.

Except as specifically provided for herein, the work rules and conditions provided in our Standard Freightship Agreement shall apply.

Section 1. Recognition

The Company recognizes the Union as the sole representative of the Unlicensed Personnel for the purpose of Collective Bargaining. The Company has the right to the selection of any and all applicants for assignment or continuing assignment to its vessels whenever the Company determines their record makes them suitable and that they have adequate experience for the type of vessel involved. The Company has the right to promote and/or transfer all Unlicensed Personnel serving on board the vessel(s).

American Overseas Marine 2

Section 2. Mission

The vessel will be employed on worldwide trades for the transportation or storage of cargoes in accordance with the terms of the MSC contract.

Work duties and schedules for each crewmember shall be consistent with the vessel's mission.

Embarked personnel will be made cognizant that personal emergencies becoming known while the vessel is operationally employed will not be considered justification for aborting the mission or otherwise calling on any port solely to accommodate the emergency. Additionally, there will be times when no personal communications may be transmitted from the vessel. The appropriate course of action for handling medical emergencies at sea will be decided on a case-by-case basis by the Master and Medical Representative in consultation with the Operational Commander.

Section 3. Membership

All Unlicensed Personnel who are presently members in good standing of the Union shall be required to remain in good standing during the term of the Agreement as a condition of continued employment. All Unlicensed Personnel who are not members shall be required to become members of the Union or agency fee payers within thirty-one (31) days after hire and shall remain members in good standing or agency fee payers as a condition of employment.

The Company has no obligation to take action under this Section until first notified by the Union that any of its Unlicensed Personnel has lost his good standing, and such Unlicensed Personnel has been afforded an opportunity to regain his good standing.

Section 4. Assignment

The Union, recognizing the importance of supplying qualified trained seamen capable of meeting the requirements of the vessel's mission, hereby waives the traditional shipping rule procedures and agrees to the selection of applicants for Unlicensed positions from the registration lists maintained by the Manpower Pool Coordinator at Piney Point for assignment or continuing assignment to the vessel(s). The Union agrees to provide the seamen in a

American Overseas Marine 3 manner that provides the most timely crewing or assignment to the vessel consistent with the terms of the contract. To fill vacancies in Bosun and Steward Baker positions the Company shall first select from the list of qualified Recertified Stewards and Bosuns if available. However, if immediate vacancy requires Company action, the Company shall be allowed to temporarily re-rate from qualified individuals onboard until a qualified replacement can be secured from the hiring hall.

Crew rotations shall be undertaken in a manner that does not compromise ship safety and ensures personnel and operational continuity. The Company shall not change out/rotate more than 50% of the crew in one evolution.

No seaman referred for employment shall be discriminated against because of race, creed, color, sex, age, national or geographic origin and status as a Vietnam veteran, when the same is required by Federal regulation. The employer agrees that it shall not discriminate against employees on the basis of a physical or mental disability. The Union agrees that employees dispatched from the hiring halls will be qualified to perform shipboard duties in accordance with the MSC contract.

Section 5. Other Sources

If the Union is unable to provide personnel required within a reasonable time, the Company may obtain the required ratings from whatever source available.

Section 6. Return to Work

Unlicensed Personnel shall be permitted to return to work after periods of vacation, sick leave, or other authorized leaves, mutually agreed to by the Union and the Company, including time spent at the Paul Hall Maritime Center participating in upgrading programs.

Due to the unique characteristics of the vessel(s)’ mission, retention of trained personnel is of prime importance.

Section 7. Work Stoppage

Because the Union recognizes that it may cause irreparable harm to the United States if the vessel(s) is delayed, hindered or prevented from performing its mission, the Union agrees that there shall be no work stoppages of any type including but not limited to: strikes, sympathy strikes, boycotts, slowdowns, sickouts, picketing, protest against unfair labor practices or contract violations, social or political protest or any other protest even though the underlying dispute

American Overseas Marine 4 does not concern the parties herein, or any other interruption or interference with work aboard the vessel(s) for any cause or reason whatsoever even though not expressly included herein; the Company agrees that there shall be no lockouts due to any dispute with the Union.

The Company will notify the Union, and the Union shall notify the Company of any such occurrence mentioned above by any form of communication whatsoever.

Any labor dispute that cannot be resolved through the normal grievance procedure shall be subject to final and binding arbitration.

The Union agrees to support the Company fully in its efforts to maintain continuous operations. Direct participation by any crewmember in any act violating this section, or the inducement of any crewmember to engage in a contractually prohibited strike or job action, is recognized as a cause for discharge.

In the event that a crew member engages, or threatens to engage, in conduct prohibited by this section, the Union will take immediate affirmative action to prevent or terminate such conduct as the case may be including, but not limited to, immediately instructing the crew member engaged in such activity to forthwith cease and desist from the same and to return immediately to work.

Whenever it is claimed that the Company or the Union has violated this section, either party may notify the Impartial Arbitrator in writing, by mail or by hand-delivery. A copy of such notice shall be sent or delivered simultaneously to the party who is alleged to have violated this section. The claim shall be submitted to arbitration no later than twenty-four (24) hours after receipt by the Impartial Arbitrator, and his award shall be issued no later than twelve (12) hours after conclusion of the hearing. If the Impartial Arbitrator cannot, for any reason, conduct the hearing within the aforementioned twenty-four (24) hour period, the parties shall designate another person to act as arbitrator.

Section 8. Union Consultation

The Company agrees to issue passes to Union Representatives for the purpose of contacting its members aboard the vessel(s) of the Company covered by this Agreement.

Authorized representatives of the Union shall have the right to go on board vessel(s) covered by this Agreement at all times, subject to military regulations and any other regulations mutually satisfactory to the Union and the Company, for the purpose of consulting with the Unlicensed crew members

American Overseas Marine 5 employed thereon. The Company agrees to issue passes to Union Representatives for the purpose of contacting its members aboard the vessel(s) of the Company covered by this Agreement.

The Union shall defend, indemnify and hold the Company and all of the Company’s affiliated companies, the United States Government, and each of their officers, employees and agents, harmless from all liability, losses, claims, causes of action and expenses (including without limitation attorney’s fees and court costs) based upon or arising out of injury to or death of persons (including but not limited to Union representatives and the Company’s employees), or damage to or loss of property, relating in any way to the activities of the Union’s representatives on any vessel, except damage or injury directly caused by the sole negligence of the Company. With the Company’s prior written approval of policy provisions, the Union may take out insurance which will protect the Company, its subsidiary or affiliated companies, and the United States Government against such claims, and in the event it does so it shall furnish satisfactory evidence of such insurance to the Company.

Section 9. Grievance Committee

For the adjustment of any grievances arising in connection with performance of this Agreement which cannot be satisfactorily adjusted on board there shall be established a Grievance Committee, which shall meet in Camp Springs, Maryland, unless otherwise mutually agreed.

Section 10. Clearance

No one is to be employed or reassigned without proper clearance from a jointly operated Labor-Management hiring hall or through the Manpower Pool office in Piney Point, Maryland.

All personnel being assigned to the vessel(s) shall be screened utilizing Hire Check and complying with Charterer background screening requirements.

Also before being assigned to a vessel, the Company shall complete a DD Form 398-2 and submit it to the PIC Center in Baltimore, MD, for a National Agency Check (NAC). The completed NAC will be forwarded to MSC who will determine if the individual is suitable for continued assignment. If the individual is determined unsuitable for employment aboard these vessels, he will be debriefed, and dismissed and replaced at the first available opportunity.

American Overseas Marine 6

Section 11. Crew Requirements

(a) All personnel shall be trained, qualified, medically/dentally and psychologically fit to be consistent with the ship’s mission and projected areas of operation.

(b) Crew members must be U.S. citizens and hold valid U.S. passports which will not expire during the period of their assignment.

(c) The crewmembers must be literate in English to the extent of reading and understanding printed regulations, detailed written orders, training instructions and materials.

(d) Upon USCG implementation of TWIC, all shall have a valid Transportation Worker ID.

(e) The Company shall have the right to transfer personnel from one ship to another, and to promote personnel aboard ship. The Union and the Company shall develop a system of assignments on the basis of fleet wide rotation in order to ensure an equitable distribution of employment in order to develop and maintain a dedicated manpower pool for these vessels.

(f) Crew members shall not be accepted for employment if previously repatriated for medical conditions, unless a complete report from a physician provides verification that the predisposing condition has been corrected or cured and the report has been approved by the Company's designated physician.

(g) The appearance, dress and behavior of the crew shall be a credit to the U.S. Naval status of these ships pursuant to the provisions of the MSC Contract.

(h) If Unlicensed Personnel are required to wear uniforms, the cost of the uniform shall be for by the Company's account.

(i) All crewmembers shall comply with any "Physical Security Plan/Security Bill" posted by the Master.

(j) The introduction, possession or use of alcoholic beverages or controlled substances, marijuana, or substance containing narcotics, or paraphernalia which are used to administer, dispense or carry narcotics, (except for authorized medical purposes), by any crewmember onboard

American Overseas Marine 7 these vessel(s) is prohibited. The Company is required to maintain a drug/alcohol free environment aboard the ship. The Company shall develop and implement and effective policy regarding prohibited substances during the performance period of this agreement. Each crewmember shall comply with the Company’s aforementioned prohibited substance policy and all Government regulations relating to alcohol or substance abuse.

(k) Each crewmember shall comply with applicable Environmental Protective Agency regulations.

(l) ROS crewmember’s duties aboard a ROS ship may differ significantly from standard mariner operations. ROS status requires “hands-on” duties that may not normally be associated with sea going FOS ships. ROS crews will be expected to comply with, but will not be limited to the following duties;

1. General care and custody of the vessel, including tending mooring arrangements and shore power cables when fitted.

2. Develop familiarity with shipboard equipment and systems.

3. Comply with applicable Federal rules and regulations as may pertain to ships in ROS.

Additionally, due to the size and composition of the ROS maintenance crew, there will be times when ship personnel shall be expected to cross normal departmental boundaries for work related to safety, security and habitability of the ship. Such work shall include, but will not be limited to;

1. Secure ship in prevailing weather conditions.

2. Keep watch on and adjust gangway or double up mooring lines

3. Take on and stow ship stores/parts

4. Operate equipment for storing/testing

5. Housekeeping such as maintaining cleanliness and sanitation

6. Being prepared to participate as part of familiarization or sailing crew.

Section 12. Medical

Each crewmember, prior to assignment, shall be certified by a designated maritime licensed physician to be medically, psychologically, and dentally fit for duty, do not have a history of injuries onboard ship, and do not have a history of

American Overseas Marine 8 inability to perform the physical requirements of his position in accordance with the requirements of the MSC contract.

The Company shall ensure that Unlicensed Personnel employed as food handlers are free from any communicable diseases and meet the health and training standards set forth in NAVMED P-5010-1 Series. All screening shall be documented in each food service employee’s onboard medical record and kept on file for all food service employees currently assigned.

Section 13. Medical Documentation

Crewmembers shall not be accepted for employment if previously repatriated for a medical condition, unless a complete report from a physician provides verification that the predisposing condition has been corrected or cured, and such report has been approved by the Union's designated licensed physician.

The Union shall not supply crewmembers who have any existing health conditions which constitute a hazard to that person or others onboard ship, notwithstanding that the health condition is being effectively controlled by medication. A high risk medical condition shall subject the individual to immediate repatriation. Prior to assignment crewmembers shall be screened through the casualty report service offered by Hire Check. All crew members shall be screened during pre-employment multiphasic physical examinations to ensure that they are in good physical condition, do not have a history of injuries onboard ship, and do not have a history of inability to perform the physical requirements for which they are applying.

Seamen traveling to Diego Garcia on Government arranged flights shall comply with all medical requirements of the MSC Contract and must present or show evidence of the following prior to boarding the aircraft.

(a) Documentation of current physical examination with a statement certifying fitness for duty in accordance with the requirements of the MSC Contract.

Each crewmembers physical examination report shall display the following statement above the signature of the designated licensed physician:

“[Mariner’s Name and Social Security Number] has been examined and found to be physically and psychologically qualified for duty at sea in an isolated environment in accordance with COMSCINST 6000.1 Series”

(b) Immunization record.

(c) Sufficient prescribed medications and prescription spectacles.

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(d) Any other documentation required by MSC.

Personnel not in possession of the above items will not be permitted to board the aircraft.

Section 14. Immunizations

All Unlicensed Crewmembers will be advised of any and all immunization requirements prior to being assigned to a vessel.

All Unlicensed Crewmembers shall receive the required current immunizations prior to embarking the vessels. It is the Unlicensed Crewmembers responsibility to bring to the Company’s or the MSC’s attention any reason why he or she should not receive immunization.

In addition to the foregoing, at any time during the period of this Agreement and any options or extensions thereto, the U.S. Government may establish, through written policies or directives, immunization programs for civil service mariners which shall apply to all crew, licensed or unlicensed, assigned to vessels under this Agreement.

Any Unlicensed Crewmember who refuses to comply with such supplemental immunization directive(s) shall be removed from the vessel at his own expense as soon as possible, but not later than the next port unless otherwise authorized by MSC, and shall be replaced with personnel who either have the required immunization or will comply with the policy/directive(s).

Any Unlicensed Crewmember who is declared ineligible for a particular immunization shall be repatriated in accordance with Section 30. Transportation.

Section 15. Training

For the length of this Agreement, the Company shall ensure that unlicensed personnel meet all Federal (i.e. USCG, EPA, FCC) state and local Governmental training requirements that are presently in effect or that may be imposed by those agencies in the future.

All Unlicensed Personnel must have valid certification and renewal every five years of the following training requirements.

(a) Basic Safety Training

(b) Damage Control

(c) Helicopter Fire Fighting

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(d) Marine Environmental Course (must be MSC Approved)

(e) CBRD Orientation (This training must be completed prior to assignment)

(f) Small Arms (as required by MSC contract)

(g) Anti-Terriorism Awarness Training (Annual Refresher)

(h) Rediness Refresher Course – All Unlicensed Personnel shall successfully complete the MSC Readiness Refresher course to demonstrate continued competency and to maintain currency in Fire Prevention, Helo Firefighting, Damage Control, CBR-Defense procedures, First Aid, Water Survival and marine environmental programs.

The vessels Chief Steward shall successfully complete the National

Restaurant’s Association’s Online ServSafe Manager Certification.

It is the duty of the Chief Steward to ensure all food handlers are appropriatley trained in accordance with the ServSafe program.

The Company shall participate in programs for Merchant Marine Cadet training under the sponsorship of accredited state or Federal Merchant Marine academies.

Crewmembers shall participate as directed to attend orientation sessions, conference, drills and training programs sponsored and/or required by the Government. Before any Unlicensed crewmember begins to serve on one of the vessels, the Company shall have the right to require that such crewmember undergo training. The training may include instructional courses, information and instructional advice from the vessel's crew, following the vessel's crewmembers through their normal routines, performing work on the vessel as directed, or serving as supernumeraries.

Seaman dispatched to any LMSR vessel pursuant to this agreement shall meet all Military Sealift Command (MSC) training requirements as contained in the MSC Contract.

Following the award of MSC Contract N00033-10-C-5300 crewmembers attending any additional required MSC training courses in order to re-establish compliance shall be entitled to a per diem equal to the base daily rate. The Company shall provide transportation to the school, from the school and to the vessel upon successful completion of the course. Crewmembers traveling and/or attending school on Saturdays, Sundays and Holidays will not be entitled to any overtime pay.

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Section 16. Quality Management Program

Unlicensed crew shall participate in the Company's Quality Management Program, if implemented.

Section 17. Safety Program

The Union and the Company will cooperate in instituting an effective Safety Program designed to eliminate the incident of shipboard injuries. All crewmembers shall participate and comply with such program which may include instructional seminars, training, and proper utilization of equipment and safety gear.

Section 18. Shipping Articles

The Parties agree that the provisions of this Agreement shall be, and be deemed to be, incorporated in and part of the Shipping Articles covering voyages of the vessel(s) covered by this Agreement and further agree that appropriate notation thereof be made on the Shipping Articles. No Articles shall be for a duration in excess of twelve (12) months without prior written consent of the Union.

Section 19. Tour of Duty

Unlicensed Personnel accepting employment on the vessel(s) will be expected to serve on those vessels for a period of as close to ninety (90) and a maximum of one hundred and twenty (120) days, or as scheduled by the Company, unless they are reassigned or their services terminated at an earlier date by the Company. Except as agreed by the Company, the Company shall not be required to pay travel expenses for a crewmember leaving the vessel prior to the expiration of the scheduled tour of duty. The Company shall advise the Manpower coordinator of all such assignments and scheduled tour of duty.

During periods of Full Operational Status, not more than half of the officers or crew shall rotate at one time within the deck, engine or steward department.

Crewmembers that complete their designated tour of duty shall be provided transportation in accordance with Section 30. Notwithstanding the foregoing, Unlicensed Crewmembers who are discharged for cause at any time shall be responsible for all costs relating to their return transportation to their original port of engagement.

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Section 20. Crew Size

(a) The vessel(s) shall be manned to meet requirements of the missions and be manned at all times in accordance with U.S. Coast Guard rules and regulations. The entire crew shall be U.S. citizens and possess valid and current certificates. The vessel shall be continuously crewed with sufficient personnel to perform self-sustaining cargo operations specified in the Contract.

(b) During RAV status the vessel(s) manning will be no less than required by the MSC.

(c) The Company reserves the right to increase, decrease or reclassify the manning as it deems necessary, except that the manning scale will comply with the requirements of the MSC Contract’s LMSR Technical Manual, Section 19 and the vessel's U.S. Coast Guard Certificate of Inspection.

Section 21. Vessels in Reduced Operating Status

When a vessel is in a reduced operational status for any reason and crewmembers are laid off, such crewmembers shall receive transportation back to their home. In the event a crewmember returns to the vessel at the Company's request, after the lay-off, he shall receive transportation back to the vessel.

Transportation shall be provided in accordance with Section 30 of this

Agreement.

Section 22. Crew Discipline

A) A crewmember that is discharged for cause shall be given, on the date of discharge, a written statement advising of the discharge, and a detailed explanation of the reason for the discharge. Failure to furnish such a written statement will presumptively establish that the crewmember has been discharged without just cause. Such statement must be furnished to Union headquarters if the crewmember is not available.

If the government has reason to be dissatisfied with the performance or conduct by any person employed by the Company, the Company shall, on receiving particulars on the complaint, investigate the matter and take immediate corrective action. The Company shall immediately notify the Union and appropriate government agencies.

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B) The Ship's Master shall post on the Unlicensed crews bulletin board a list of items prohibited on the vessel(s).

Section 23. Obedience to Lawful Orders

Crewmembers shall obey all lawful orders emanating from the Secretary of the Navy, Secretary of Defense, and the President of the United States in all cases relating to unusual emergency, mobilization and/or war.

Section 24. Customary Duties

(a) Each Unlicensed crewmember shall perform the necessary duties for the continuance of the vessel(s) operations and shall perform the recognized and customary duties of his/her particular rating.

Necessary work shall include operating equipment required to perform the mission as required by the MSC contract. Necessary work shall also include the maintenance of vessel equipment and machinery under the direction of the officer in charge.

(b) When it is necessary to shift a man to fill a vacancy, the man so shifted shall perform the duties of the rating to which he is assigned.

(c) Unlicensed Deck and Engine crewmembers may be required to perform general maintenance throughout the vessel, including unlicensed quarters.

Section 25. Operation of Ship’s Gear by Crew

The Company or the Master shall assign competent and qualified members of the ship’s crew, to the extent permitted by other ship-board duties and the safety of the ship, to operate the ship’s cargo handling equipment and gear, including but not limited to the cranes, ramps, forklifts and container lift trucks. Examples include, but are not limited to:

a) preparation for cargo operations

b) shifting operations at berths

c) connect/disconnect of shore services

d) occasions when ship’s equipment is loaned to other ships of the MSC fleet

e) loading and discharging operations at ports where stevedoring service may not be available and the Company has been directed by the Contracting Officer to perform stevedoring work.

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Section 26. Gangway Watch

Gangway watches and roving patrols shall be maintained at the discretion of the Master or as required by the Department of the Navy. The gangway security watch shall keep a log of all arrivals and departures as required by the Company.

Section 27. Cleaning Cargo Spaces and Containers

No extra compensation shall be paid to the crew for such work between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

Section 28. Government Personnel

During periods of FOS, there may be Government personnel permanently assigned to the vessel. The Government personnel shall be provided hotel and food service commensurate with the vessel’s crew without any extra compensation.

In the event the Steward Department provides more than six (6) meals to personnel not part of the crew (and excluding pilots, cadets, company officials or Government personnel assigned to the vessel on vessel business and or security), the Steward Department shall receive $5.00 for each such meal provided. This money will be split between Steward Department personnel. No other additional compensation will be provided to Steward Department personnel for hotel or food services not described above.

The vessel shall be capable of messing and berthing Military Personnel (other than crew).

Upon Government approval, if twelve to twenty-four extra persons are berthed, in lieu of extra meal compensation, an Assistant Cook/Utility shall be added to the vessel’s Steward Department complement. An extra Steward Assistant will be added if more than twenty-four extra persons are added. The parties agree to discuss Steward Department manning whenever the number of extra persons exceeds 40 persons.

The ships Steward Department shall comply with the procedures specified in the MSC Contract relative to providing hotel services for Government personnel. All food handlers shall comply with the health and training standards required by MSC.

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Section 29. Commencement of Employment

Wages shall commence the day the Unlicensed Personnel actually report aboard the ship and turn to for work. Daily wages shall be equal to the monthly rate divided by thirty (30). Unlicensed crewmembers departing the vessel at Diego Garcia will receive wages (no fringe benefit contributions) up to and including the day their flight departs Diego Garcia.

Section 30. Transportation

During periods of FOS travel shall be reimbursable at the per diem rate in accordance with the DOD Joint Travel Regulations in effect at the time of travel as they apply to civilian employees of the Government.

Section 31. Maintenance and Cure:

A. When a crew member is under legitimate out-patient treatment it is agreed that in adjusting maintenance and cure, the Company will compensate the man concerned at the rate of sixteen dollars ($16.00) per day to be paid weekly.

B. Maintenance and Cure shall not be withheld in any case merely because a claimant has also submitted a claim for damages or has filed suit…