17R3002_Attachment_B_-_Wage_Determination.pdf

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-2016-9492 Diane Koplewski Division of | Revision No.: 0 Director Wage Determinations| Date Of Last Revision: 11/18/2016 State: Florida

Area: Duval

Employed on Military Sealift Command contract for Offshore Petroleum Discharge System (OPDS) vessels. The place of performance is worldwide..

Collective Bargaining Agreement between contractor: TOTE Services, Inc, and union: Seafarers International Union, effective 10/1/2016 through 9/30/2017.

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

1/4/2017file:///C:/Users/eddrian.logan/AppData/Local/Microsoft/Windows/Temporary%20Internet%...

MICHAEL SACCO

PRESIDENT

AUGUSTIN TELLEZ

EXECUTIVE VICE PRESIDENT

DAVID HEINDEL

SECRETARY-TREASURER

AFFILIATED WITH THE SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA • AFL-CIO

GEORGE TRICKER

VICE PRESIDENT

JOSEPH T- SORESI

VICE PRESIDENT

SEAFARERS INTERNATIONAL UNION

ATLANTIC • GULF • LAKES AND INLAND WATERS

5201 AUTH WAY • CAMP SPRINGS, MARYLAND 20746-4275 • (301) 899-0675

DEAN CORGEY

VICE PRESIDENT

NICHOLAS J_ MARRONE

VICE PRESIDENT

TOM ORZECHOWSKI

VICE PRESIDENT

Ms. Melissa Serridge Director, Human Resources TOTE Services, Inc.

10550 Deerwood Park Boulevard Suite 600

Jacksonville, DL 32256

Dear Ms. Serridge:

July 14,2016

Re: Contract Awarded Pursuant to MSC Sol. N00033-12-R-3131

KERMETT MAN GRAM

VICE PRESIDENT

JOHN SPADARO

UIW NATIONAL DIREC T OR

MSC Contract: N0003 3 -12-C-3131

Vessel: USNS V ADM K.R. WHEELER

Aggregate Fringe Benefit Periods

Effective 01 OCT 2015-30 SEPT 2016 Effective 01 OCT 2016- 30 SEPT 2017

The purpose of this letter is to provide and confirm aggregate fringe benefit plan contributions made on behalf of Unlicensed personnel by the Company for release to the U.S.

Military Sealift Command for use in future procurements.

The information contained herein reflects "fringe benefit" labor cost information pursuant to the above subject MSC RFP and resultant contact.

This letter shall confirm that since 01 OCT 2015, TOTE Services, Inc. has contributed per billet contributions to the Seafarers Health and Benefits Plan (Medical Fund inclusive of Pension

Plan), Seafarers Harry Lundeberg School of Seamanship (Training Fund), Seafarers Joint Employment Fund (Operating Fund), Transportation Institute, Seafarers Vacation Plan and Seafarers Money Purchase Pension Plan as follows:

FAX (301) 899-7355

Ms. Melissa Serridge

TOTE Services, Inc.

Page Two

July 14, 2016

USNS V ADM K.R. WHEELER

Aggregate Fringe Benefit Contributions

Effective 01 OCT 2015:

During periods of Full Operational Status employment for each man, the following contribution rates have been paid to the designated Seafarers Trusts by the Company.

A. Seafarers Benefit Plans Trust Funds

FOS Effective 01 OCT 2015 $82.08 Per Man Per Day*

*Inclusive of Seafarers Health and Benefits Plan, Seafarers Harry Lundeberg School of Seamanship, Seafarers Joint Employment Fund and Transportation Institute per man, per day contributions.

B. Seafarers Vacation Plan

FOS- Effective 01 OCT 2015, in order to pay the defined vacation benefit of fifteen (15) days for each thirty (30) day worked, the Company has contributed a per man, per day contribution to the Seafarers Vacation Plan at the rate of fifty eight percent (58%) of the respective FOS daily base benefit wage.

C. Seafarers Money Purchase Pension Plan

FOS- Effective 01 OCT 2015, during periods ofFOS phases of employment, the Company has made daily contributions to the Seafarers Money Purchase Pension Plan in the sum of Five Percent (5%) of the respective Full Operational Status daily base benefit wage per man. The respective daily base benefit wage shall be the monthly FOS base benefit wage divided by thirty.

July 14, 2016

Page Three

Effective: 01 OCT 2016

During periods of Full Operational Status for each man, the following contribution rates shall be paid to the designated Seafarers Trusts by the Company.

A. Seafarers Benefit Plans Trust Funds

FOS Effective 01 OCT 2016 $83.73 Per Man Per Day*

*Inclusive of Seafarers Health and Benefits Plan, Seafarers Harry Lundeberg School of Seamanship, Seafarers Joint Employment Fund and Transportation Institute per man, per day contributions.

B. Seafarers Vacation Plan

FOS - Effective 01 OCT 2016, in order to pay the defined vacation benefit of fifteen (15) days for each thirty (30) day worked, the Company shall contribute a per man, per day contribution to the Seafarers Vacation Plan in the amount of fifty-eight percent (58%) of the respective FOS daily base benefit wage.

C. Seafarers Money Purchase Pension Plan

FOS - Effective 01 OCT 2016, during periods of FOS phases of employment, the

Company shall make daily contributions to the Seafarers Money Purchase Pension Plan in the sum of Five Percent (5%) of the respective Full Operational

Status daily base benefit wage per man. The respective daily base benefit wage shall be the monthly FOS base benefit wage divided by thirty.

July 14, 2016

Page Four

Should you require additional information, please do not hesitate to contact my office.

� truly yours, George Tricker

Vice President In Charge of

Contracts and Contract Enforcement

GT:dms

Tote Services, Inc.

And

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

"USNS Wheeler"

Effective: October 1, 2015

WHEREAS, the Seafarers International Union of North America -Atlantic, Gulf, Lakes and Inland Waters, AFL-CIO (hereinafter "Union") and Tote Services, Inc. (hereinafter

"Company") have an existing agreement covering unlicensed personnel employed aboard the USNS VADM K.R. WHEELER pursuant to United States Military Sealift

Command (MSC) Contract No. N00033-12-C-3131 for the operation and maintenance of one U.S. flagged self-sustaining vessel; and

WHEREAS, effective October 1, 2015, the existing agreement provides for a two percent

(2%) total labor cost increase which shall include base wages, base benefit wages, overtime, fringe benefit contributions and taxes, but shall not include transportation, victualling and P&l insurance.

NOW THEREFORE. with the aforementioned in mind, the Parties wish to memorialize the aforementioned scheduled total labor cost increase, as ret1ected in Addendum "A" hereto attached, effective October 1, 2015 as follows.

Any item not spec�fically mod{fied herein shall remain in full force and effect.

Dated: &ctir(� f ,1. 0 I.)'

Tote Scr,·iccs1 Inc.

l"�l'iS Wheeler

MOOJJ-12-C-3131

TLC OcL 1, 2015

I

ADDENDUM "A"

Tote Services, Inc.- USNS Wheeler N00033-12-C-3131

Wages and Seafarers Benefit Plans Coverage Levels

Effective: October 1, 2015

I. Wages

When the following ratings are employed they shall be compensated as follows.

AB Bosun

Able Seaman

QMED

Wiper

Storekeeper- Engine

Steward Baker

Chief Cook

Steward Assistant

Monthly Base

Wage

4,745.71

3.195.56

5,077.79

3,129.33

5.43 7.44

4,745.71

3,730.93

2.462.41

II. Seafarers Benefits Plans

A. Seafarers Vacation Plan

Base Benefit

Rate

3,642.77

2,452.88

3.897.66

2,256.85

4.745.71

3,642.77

2,863.81

I ,890.12

Overtime Rate

15.31

10.10

16.39

9.86

19.51

15.31

12.17

8.03

Unlicensed crewmembers shall receive a vacation benefit offifteen (15) days pay at his respective daily base benefit rate or pro rata thereof.

B. Seafarers Money Purchase Pension Plan

The Company shall contribute Five percent (5%) of the crewmember's respective benefit base wage for each day worked under this Agreement.

Tote Services, Inc.

l 'SNS Wheeler

;\' 00033-12-{:-J 131

TLC Oct. I, 201S

{Signature on next page}

Dated: � 1 .:Z0/.5

Tote Services, Inc.:

Tote �nices, Inc.

l'SNS Wheeler :-100033-12-C-3131 TLC Oct. I. 2015 arers International Uni rth America. AGLI , Tote Services. Inc.

And

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

Eifective: October I, 201(, WHEkEAS, the Seat�1rers lnternaticmJI Union of North Americd -Atlantic, Culf, Ldkcs c�ncl Inland Waters, r'\FL-CIU (here111aftcr "Union'') .1nd Tott� Services, Inc. (herein<tfter

"Company") have an existing �lgn:t:ment covering U!llicens{'d personnel employed abo<Jrd rhe USNS V ADM K.R WH !·:!-:LEI� pursuanr ro United States Military Sealift

Cornmdnd (MSC) (ontract No. NllOO.B-U-C·.� Ul for the oper,llion dntlmamtenJnce ol one U.S. tlagg�J sdf-susuining vc�sel; und

WHEREAS, effective October 1. :ZO 16, the c;-.;isting agreement provides for a two percent

(2%t) total labor cost increas\.· \Vhich shall i!lcludt: bdse wages. bd::>e bt�nefit w.-tge�.

ovC't'tinw, tringe benerlt contributions .ltld taxes, but shall not include transportation, vicru<ti!Ing �tnd P&l insm�mcc.

\:( )\\' r'tii·.RLH >Rl�. with ti1L' :llm�lll\ .. 'lltiun�d i11 mind. th\2 Parti�:-. \\ i..,h to tlll!ll1oriali/1:"

th .. : .JI�·r�:m�ntiont:d schcJukd tutdl I <thor .:o..,t incn.:�t-.o: . . 1'> r�,;I1L'ctcc.i i11 . \lhh..'ndum .. o\ . ..

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Effective: Octo her I, 20 I()

I. Wages

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St ... '\'. :tni . \ssistant

I I. Sc�-tfarcr·s Benefits J>Jans l \ds.:

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X.llJ t.'nliccn�..:d I.'I'C\\Illl.'ll'lbl.·r-. �h·dlt'I.:Cl'i\l' .I \;tc:ttitl!) h<.'lll.'llt or lil'tc<.'ll (I:\) ,!a)' pay

.11 IIi.' !\.:spcL'li\v d.1il� h�hc h�o:lh..'Jit 1.\k o1!' pi\> r:na th\..·r�.·ot.

The CO!ll!Jany shall contribute Fivt: pl'r'Ccnt ( S1Xt) of the c:rcwmcmber's rcsp1.:ctive benefit base W3ge ,·or eJcil tby worked unlll!r tlll� ;\grecmcnt.

I ok 't'n i(e\, Inc ! , , .., \\ hrl'i<'l \fiiH•.lJ-1 �-� -.1 1 3 1 II \ \ h't. I. �II II•

{Signarurc on nc•xt pagt'}

1•11<' �"''"''"'..,·Ill<.

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,,II(HJJJ.J:!.( .JIJI

'II< 01'1. I, 211lb

AGREEMENT

Between

Interocean American Shipping, Inc.

And

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

Contract #N00033-12-R-3131 USNS Wheeler

TABLE OF CONTENTS

Sections- Contents............................................................................................................... Page

Section 1. Employment

Section 2. Continuity

Section 3. Dispatching

Section 4. Hiring Hall

Section 5. Work Stoppage

Section 6. Membership

Section 7. Ship's Committee and Departmental Delegates

Section 8. Grievance Committee

Section 9. Union Consultation

Section 10. Documentation

Section 11. Physicals and Immunizations

Section 12. Compliance

Section 13. Crew Requirements

Section 14. Drills & Exercises

Section 15. Manning

Section 16. Crew Size

Section 17. Tour of Duty

Section 18. Transportation

Section 19. Sailing Time

Section 20. Launch Service and Shore Leave

Section 21. Customary Duties

Section 22. Steward Department

Section 23. Deck Department- Gangway Watch

Section 24. Riding Crews

Section 25. Monetary Matters

Section 26. War Risk Bonus

Section 27. War Zone

Section 28. Commencement of Employment

Section 29. Money Draws and Allotments

Section 30. Mail

Section 31. Recreation

Section 32. Ship's Store (Slop Chest)

Section 33. Smoking Policy

Section 34. Sexual Harassment Policy

Section 35. Benefits Plan

Section 36. Exclusions

Section 37. Lawful Orders

Section 38. Shipping Articles

Section 39. Seperability

Addendum A

Section 1. Wages

Section 2. Vacation Benefits

Section 3. Seafarers Money Purchase Pension Plan

Section 4. Manning

Section 5. Hours of Labor

Section 6. Commencement of Overtime

Section 7. Continuous Overtime

Section 8. Computation of Overtime

Section 9. Checking Overtime

Section 10. Payment of Overtime

Section 11. Overtime- Tank Cleaning

Section 12. Overtime-Penalty Meal Hours

Section 13. Pyramiding of Overtime

Section 14. Overtime Rate-Holidays

Section 15. Holidays

Section 16. Watches

Addendum B

MSC Contract N00033-12-R-3131 1

Interocean American Shipping, Inc.

Agreement between the Seafarers International Union of North America –

Atlantic, Gulf, Lakes and Inland Waters District/NMU, AFL-CIO (hereinafter “Union”) and Interocean American Shipping, Inc. (hereinafter “Company”).

Whereas, pursuant to a successful submission in response to the United States

Military Sealift Command (MSC) Request for Proposal (RFP) N00033-12-C-3131 for the operation and maintenance of one U.S. flagged self-sustaining vessel, the Company will operate the (USNS VADM K.R. WHEELER) and one tender boat (FAST TEMPO);

and

Whereas, the Parties are desirous in entering into an agreement which applies to all Unlicensed Deck, Engine and Steward Department Personnel hereinafter employed aboard the Vessel(s). Such crewmembers, unless otherwise indicated, shall be referred to herein as Unlicensed Personnel; and

WHEREAS, the Parties agree that except as specifically provided for herein, the traditional departmental and jurisdictional work rules shall be as specified in the industry Standard Union Agreement shall apply to the extent that they are not in conflict with the MSC Contract.

NOW THEREFORE, the Parties further agree as follows:

Section 1. Employment

The Company shall have the right to select all trained, qualified, dentally, medically and psychologically fit applicants for unlicensed positions from the registration lists maintained by the Manpower Pool Coordinator in Piney Point, Maryland for assignment or continuing assignment to the vessels.

Unlicensed applicants must be U.S. citizens and must be literate in written and spoken English. The entire crew of mariners shall meet requirements of the

USCG and STCW, and shall possess current, valid USCG credentials. Furthermore, Unlicensed applicants the necessary endorsements on their USCG Merchant

Mariner’s Document for the job to which they are assigned. All Unlicensed applicants and embarked personnel shall hold U.S. Passports valid for the full tour of duty assigned.

MSC Contract N00033-12-R-3131 2

Interocean American Shipping, Inc.

Applicants for Bosuns and Chief Stewards shall be selected from those seamen registered in the appropriate department and group.

In the event the Government shall have any reason to be dissatisfied with the qualifications, conduct or performance of any person employed by the Company, the

Company will promptly investigate it and take appropriate corrective action, including, but not limited to making a change in the appointment.

A crew member who is discharged for cause shall be given, at the time of payoff, 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 crew member has been discharged with out just cause unless there is notification that the Government was dissatisfied with the conduct, qualifications or performance of the individual. Such statement must be furnished to the Union Headquarters if the crew member is not available.

The Military Sealift Command may direct the Company to remove any seaman who endangers persons or property or whose continued employment under this contract is inconsistent with the interest of military security.

Section 2. Continuity

All such 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 Seafarers Harry Lundeberg School of

Seamanship participating in upgrading programs.

Section 3. Dispatching

The selection of unlicensed personnel to be assigned to the vessel(s) shall be accomplished under procedures that are efficient and provides the Company and/or

MSC the right to select or approve each candidate for any assignment. If the Union is unable to provide acceptable and qualified unlicensed personnel within a reasonable time, or in any event in time to avoid a potential delay in operations or penalty to the Company, the Company may obtain the required ratings from whatever source is available.

MSC Contract N00033-12-R-3131 3

Section 4. Hiring Hall

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.

Section 5. Work Stoppage

Because the Union recognizes that it may cause irreparable harm to the

United States if the vessel 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 does not concern the parties herein, or any other interruption or interference with work aboard the vessel 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.

Upon notification of an attempt to induce a violation or of an actual violation of the provisions of this section by any one or more of the unlicensed personnel, the

Union shall publicly disavow such action and instruct the unlicensed personnel engaged in inducing or participating in any such violation and replacing same. Any member of the unlicensed personnel so discharged shall have no recourse against the Company.

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

MSC Contract N00033-12-R-3131 4

Section 6. Membership

(A) All unlicensed personnel who are not members of the Union at the commencement of their employment must become and remain a member in good standing or agency fee payer on the thirty-first (31st) day of employment as a condition of continued employment.

(B) All unlicensed personnel who are presently or become members of the

Union or agency fee payers shall be required to remain members or agency fee payers during the term of the Agreement as a condition of continued employment, provide, however, that the Company has no obligation to take action under this

Section until first notified by the Union that any of its unlicensed crew has lost his membership and that such crew member has been afforded an opportunity to regain his membership.

(C) Notwithstanding the requirements of A and B above, the Company shall not be required to discharge any employee or agency fee payer prior to the completion of the term of his shipboard employment.

(D) The Company will deduct basic dues, agency fees or applicable service fees from the employees’ paycheck, but will not deduct initiation fees, special assessments, fines, or any other Union deductions, except for dues, agency fees or applicable service fees as aforementioned. The Union will defend and hold the

Company harmless against any claims made and against any suit instituted against the Company on account of payroll deduction or directly to the Union. Union members shall fill out the proper authorization card stating their preference.

Tender of the Union’s periodic dues and initiation fees or applicable service fee uniformly required as a condition of acquiring or retaining such membership shall, for the purpose of this Agreement, be considered membership in the Union.

(E) If the Company at the Union’s request terminates or takes action against an unlicensed crew member as a result of his failure to remain in good standing with the Union, the Union will hold harmless, defend and indemnify the Company for any losses, expenses, claims, suits, actions and/or legal fees which the Company may incur in terminating and/or taking such other action against the employee.

(F) Such Company agrees not to discriminate against any member of the unlicensed personnel for legitimate Union activities, and such Company further agrees that no person referred in accordance with this Article, shall be discriminated against because of race, creed, color, sex, age, national or geographic

MSC Contract N00033-12-R-3131 5

Interocean American Shipping, Inc.

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 7. Ship’s Committee and Departmental Delegates

The unlicensed personnel shall elect from the various unlicensed ratings a

Ship’s Chairman, Secretary Reporter, Educational Director and a departmental delegate from each Unlicensed Department.

They shall perform the customary duties of the various designations and hold regular meetings for the purpose of resolving any dispute or complaints that can be resolved aboard ship.

Complaints or disputes that cannot be resolved aboard ship are to be referred to the Union’s Headquarters.

Section 8. Grievance Committee

For the adjustment of any grievances arising in connection with performance of this Agreement, which cannot be satisfactorily adjusted on board the vessel there shall be, established a Grievance Committee, which shall meet in Camp Springs, Maryland or as otherwise mutually agreed. The Grievance Committee shall consist of two (2) representatives from the Union and two (2) representatives from the

Company, and it shall be the duty of the Grievance Committee to meet within five (5) days of being notified of an unresolved grievance, Saturdays, Sundays and Holidays excluded. In the event the Grievance Committee cannot agree, the dispute shall be submitted to final and binding arbitration before an arbitrator mutually selected by the Union and the Company.

In the event the Union and the Company cannot agree on the selection of an

Impartial Arbitrator, then the Parties will select an Arbitrator pursuant to the procedures of the American Arbitration Association.

Expenses of an arbitrator shall be paid by the party whom the arbitrator rules against in his decision.

MSC Contract N00033-12-R-3131 6

Interocean American Shipping, Inc.

All shipboard grievances must be filed by the unlicensed crew member or his designated representative at the time of pay-off, or if incapacitated, within five (5) days of pay-off (Saturdays, Sundays and Holidays excluded).

Section 9. Union Consultation

The Company agrees to issue passes to Union Representatives for the purpose of contacting its members aboard the vessel and shall arrange, if possible, for clearance at all military installations where the vessels may be located.

Representatives of the Union shall be allowed on board at anytime (provided permission from the Military Sealift Command has been obtained) but shall not interfere with crew members at work unless said crew members are properly relieved. (Such relief shall receive no extra compensation.)

Section 10. Documentation

All unlicensed personnel shall have the necessary endorsements on their

U.S.C.G. Mariners Document for their assigned position.

Section 11. Physicals and Immunizations

The Company shall provide the crew members with pre-employment drug screening and multiphasic medical/dental physical examinations to ensure they are in good physical condition, do not have a history of injuries onboard sip, and do not have a history of to perform the physical requirements of their position. The cost of the physical shall be bourn by the Company. The multiphasic physical examination is required every (5) years for crewmembers 40 years old and over, every 2 years for 50 years old and older, and every year for mariners at 60 years and older; the exam should be recent enough that it does not lapse during the crew members tour of duty.

Unlicensed Personnel shall not be accepted fro employment if previously repatriated for a medical condition, unless a complete report form a physician provides verification that the predisposing condition has been corrected or cured, and such report has been approved by the Company’s designated licensed physician.

The Company shall not accept Unlicensed Personnel with existing health conditions that constitute a hazard to the person or to others onboard ship, unless it can be demonstrated the condition is controlled and being monitored by the Unlicensed personnel’s physician who has rendered the crewmember Fit for Duty (FFD). A

MSC Contract N00033-12-R-3131 7

Interocean American Shipping, Inc.

high-risk medical condition shall subject the individual to immediate repatriation.

The Company shall subscribe to a maritime personnel casualty reporting service.

All crewmembers shall comply with all requirements of 46 C.F.R. Part 16 for chemical tests for dangerous drugs and alcohol.

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 18. Transportation.

Section 12. Compliance

Each crew member shall comply with all Government regulations relating to alcohol or substance abuse.

In accordance with Government regulations crewmembers are not permitted to bring firearms on board the vessel, and knives with blades over six inches in length are not allowed.

Unlicensed crew shall participate in the Company's Quality Management

Program, if implemented.

MSC Contract N00033-12-R-3131 8

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 13. Crew Requirements

A. The crew shall participate in all programs involving vessel security, whether at sea or in port, against terrorism, hostage situations sabotage, piracy or hostile acts at all times.

B. The crew shall participate in all training programs required of the

Company by MSC.

C. The Company shall have the right to transfer personnel from one vessel to another, and to promote personnel aboard ship. Transfer of personnel from one department to another shall only be permitted if agreed to by the crew member involved, and such transfer is necessary for the efficient operation of the vessel.

D. 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.

E. The appearance, dress and behavior of the crew shall be a credit to the U.S. Naval status of the pursuant to the provisions of the MSC

Charter.

F. If unlicensed personnel are required to wear uniforms, the cost shall be for the Company’s account.

G. If MSC notifies the Company that the employment or continued employment of an unlicensed crew member is prejudicial to its interests or endangers the security of the United States of America, the assignment of the concerned unlicensed crew member shall be canceled immediately.

MSC Contract N00033-12-R-3131 9

H. Unlicensed personnel shall have the appropriate security clearance for the vessel to which they are assigned.

The following ratings shall be required to have a National Agency Check

(NAC) for Trustworthiness and the Marine Index Bureau (MIB) check:

Bosun, Able Seaman

QMED, Wiper

Steward Baker, Chief Cook

Section 14. Drills & Exercises

Unlicensed personnel shall participate in all drills and training programs specified in the Request for Proposals (RFP). Training needs shall include training necessary to operate and maintain the vessels according to the MSC Contract, and accepted good practice, and training of personnel in the effective implementation and maintenance of the vessel’s quality systems.

Designated crew members shall participate in specified training programs contained in the Request for Proposals. All Unlicensed Personnel must have valid certification and renewal every five years of the following training requirements.

(a) Basic Safety Training (Periodicity of 5 years)

(b) Advance Firefighting and Damage Control (Periodicity of 5 years)

(c) Anti-Terrorism Awareness Training (Periodicity of 1 year)

(d) CBRD Orientation (Periodicity of 5 years)

(e) Small Arms (Selected crewmembers) (Annual Refresher Course)

(f) The Steward/Baker will attend the following courses:

(i) Supply/Cosol

(ii) Shipboard Pest Management

(iii) Food Service Sanitation/ServSafe Manager certification

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All unlicensed personnel shall be properly trained, qualified and fit for worldwide vessel operation prior to joining a vessel and shall maintain such status.

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.

Section 15. Manning

The vessel(s) shall be manned to meet the requirements of the missions and be manned at all times in accordance with U.S. Coast Guard rules and regulations provided for in Section 19 of the OPDS PM3 USNS RADM K.R. WHEELER T-AG 5001

Technical Manual.

Section 16. Crew Size

The vessel shall be continuously crewed with sufficient personnel to perform self-sustaining cargo operations specified in the MSC Charter.

Section 17. Tour of Duty

(a) Inasmuch as the Contract between the Employer and the Military Sea Command provides for continuity of employment following periods of vacation, illness, or participation in training programs; tours of duties shall be four (4) months on and two (2) months off. However, due to the operational requirements of the vessel a tour may be extended but is not to exceed six (6) months.

(b) Reliefs will only be provided at those ports where transportation is available and there are no governmental restrictions prohibiting the transfer of crew personnel.

(c) Transportation at all times shall be economy air class except where provided by the military.

(d) Permanent crew personnel shall be provided transportation to and from the vessel at the start and finish of each tour of duty.

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(e) In unusual circumstance the Company may consider it necessary to have crew overlap beyond that normally required to ensure ship safety and personnel and operational continuity.

(f) Not more than half of the crew shall rotate at one time with the deck, engine or stewards’ department.

Section 18. Transportation

Unlicensed personnel traveling to and from a vessel by air will be expected to travel on military aircraft if such aircraft are made available for that purpose. If travel is via commercial aircraft, transportation and lodging shall be provided in accordance with the Federal Joint Travel Regulations (JTR) for civilian government employees.

Return transportation, when payable shall be to the location from which the crew member received transportation to join the vessel unless the crew member requests and the Company approves an alternate location.

When sent from one ship to another or from one port to another in the course of employment, the crew member shall be paid regular wages and provided transportation and lodging in accordance with the JTR.

Section 19. Sailing Time

MSC has a “24 hours notice to sail” requirement, which means that the vessel must sail within twenty-four (24) hours after being ordered to do so by MSC.

Therefore, any crew members departing a vessel for more that twenty-four (24) hours must contact the vessel or agent once every twelve (12) hours and be prepared to immediately return to the vessel if necessary. All crew members shall leave a contact number or where they intend to be and for what approximate period of time with the officer on watch before leaving a vessel. This does not relieve any crew members of the obligation to ascertain the sailing time as stated herein. The exact sailing time shall be coordinated with the Surtass Mission Supervisor.

Section 20. Launch Service and Shore Leave

The Company shall arrange for commercial launch service when the ships are either at anchor or berthed at offshore facilities for periods of six (6) hours and shall provide crew lists and other necessary documents to local officials to obtain shore

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leave passes. In port where the number of personnel allowed ashore is limited, the

Company shall equitably allocate shore leave between the Company and

Government personnel in conjunction with the Surtass Mission Supervisor (SMS).

The Master shall provide such service only when safe conditions warrant it.

Section 21. Customary Duties

(a) Members of al departments shall perform the necessary duties for the continuance of the operations of the vessel as set forth in the MSC

Contract.

(b) Members of the Deck Department may be assigned to any maintenance work outside of the engine room spaces if qualified to perform the specific work assigned to them.

(c) The crew shall participate, as directed, in all procedures to ensure continuity of maintenance and repair and that the equipment is well preserved and in a high state of readiness at all times.

(g) 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.

Section 22. Steward Department

The Chief Steward shall attend the Food Service Sanitation Instructor

Certification course prior to assignment to a ship.

The ships Steward Department shall comply with the procedures specified in the RFP relative to providing Galley-prepared food service and hotel services for

Government personnel including OPDS Mission Specialists.

All Food Handlers shall comply with the health and training standards required by

MSC.

The cost for hotel services and meals for Embarked Government Personnel shall be reimbursed by the Government as provided in Section C-1.7.3 which covers military personnel, civilian Government employees or Contractor personnel as applicable including OPDS Mission Specialists.

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The Steward Department under the direction of the Steward/Baker shall conform to the provisions specified in the MSC Contract.

Section 23. Deck Department – Gangway Watch

While the vessel is in port, selected Unlicensed Deck Personnel may be required to serve as a “gangway watch”, with or without firearms. Such unlicensed personnel shall comply with the Government’s security requirements and procedures in regard to performance of their duties as gangway watchmen. The gangway security watch shall keep a log of all arrivals and departures of non-assigned personnel. While serving as a gangway watchmen unlicensed personnel shall receive the same compensation as if performing any customary watchstanding duty.

Section 24. Riding Crews

The company shall have the option of employing unlicensed personnel as members of a “riding crew” consisting of such ratings as it deems necessary to conduct a viable maintenance and repair program aboard its vessels.

Section 25. Monetary Matters

Monetary Matters shall be as specified in Addendum A.

Section 26. War Risk Bonus

Unlicensed personnel shall be entitled to War Risk Second-Seaman’s coverage and any bonuses provided to MSC civilian mariners.

Section 27. War Zone

In case any vessel of the Company traverses waters adjacent to or in the proximity of a declared or undeclared war or state of hostilities, it is hereby agreed that a petition on the part of the Union for the opening of negotiations for added remuneration, bonuses, and/or insurance, shall in no way be deemed cause that no sailing shall be delayed because of failure to reach a prompt agreement.

MSC Contract N00033-12-R-3131 14

Section 28 Commencement of Employment

Pay for the crew requested by the Company shall start when the crew member is required to report aboard the ship with his gear and turns to for work.

Section 29. Money Draws and Allotments

A. Monies tendered for draws in foreign ports shall be made in

United States currency failing which, traveler’s checks shall be issued at the

Company’s expense, except where currency laws established in foreign countries prohibit such issuance.

B. When American money is aboard, advances shall be put out the day before arrival in port. Upon request the crew member shall be granted advances at least once every five (5) days except on Saturdays, Sundays and Holidays, while the vessel is in port. Such advances shall be made available to the crew members no later than 4:00 p.m.

C. Valid overtime and approved subsistence and lodging claims shall be included in computing the amount upon which the crew member may draw.

D. Procedures shall be established on all vessels on foreign or intercoastal articles whereby allotments or remittances may be made at the behest of the crew members, not less than once every fifteen (15) days if so requested by the crew member.

Section 30. Mail

The ships will be assigned Navy Fleet Post office addresses and forwarding services.

Section 31. Recreation

The unlicensed personnel shall be provided with the following services:

1. Library 25% of the existing books on hand to be replaced at the beginning of each quarter (3 months).

2. Recreational, physical fitness and exercise equipment.

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3. Television services and video/DVD entertainment.

Section 32. Ship’s Store (Slop Chest)

The Company shall operate a ship’s store on board each ship for the crew.

Hours of operation shall accommodate the work and watch schedules of all personnel and shall be posted on the crew bulletin board. As a minimum, health and comfort items similar to what is found in a U.S. Merchant Marine Slop Chest shall be available for purchase.

Section 33. Smoking Policy

The Master shall designate as a smoking area one or more weather deck spaces of each ship as safety and operational requirements permit. If weather decks are not available then the Master shall designate an appropriate unmanned inner space as a smoking area. The following spaces shall be designated as non-smoking areas: work spaces, watch stations, berthing areas, lounges, mess halls, galleys, libraries, exercise rooms, medical areas, ready rooms and areas near fresh air intakes.

Section 34. Sexual Harassment Policy

Crewmembers shall be required to comply with the Company’s policy for the prevention of sexual harassment.

Section 35. Benefits Plans

It is agreed that the Company will become and remain a party to the

Seafarers Health and Benefits Plan, Seafarers Vacation Plan, Seafarers Harry

Lundeberg School of Seamanship, Joint Employment Plans, Seafarers Money

Purchase Pension Plan and further agrees to assign the appropriate Agreement and

Declaration of Trust for the aforementioned Plans and Entities.

Section 36. Exclusions

The following provisions of the Agreement shall be deemed waived and have no application to this vessel (s):

(a) Sales and Transfers

(b) Severance

(c) Delayed Sailings

(d) Restriction to Ship

(e) Any penalty work except as specified in Addendum B

Section 37. Lawful Orders

The unlicensed personnel agrees to obey the lawful orders emanating from the Secretary of the Navy, Secretary of Defense, and/or President of the United

States in all cases relating to unusual emergency, natural disasters, contingency, mobilization andjor war.

Nothing contained in this agreement is intended to limit the authority of the

Master and/or ships officers or to lessen the obedience of the unlicensed personnel to any lawful order.

Section 38. 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 39. Separability

The provisions hereof are subject to Federal and State law and if any part hereof is in conflict therewith, such part shall be deemed inapplicable and to the extent thereof, shall be deemed severed from this agreement the remainder of which shall remain in full force and effect.

For the Company

Dated: August 3. 2012

MSC Contract N00033-12-R-3131

USNS Wheeler Interocean American Shipping, Inc.

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

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Addendum “A”

“Revised 8/9/2012”

Section 1. Wages

When the following ratings are employed they shall be compensated as follows.

Monthly Base Overtime

Base Benefit Rate

Wage Rate

AB Bosun 4,516.27 3,466.64 14.57

Able Seaman 3,041.06 2,334.29 9.61

QMED 4,832.30 3,709.22 15.59

Wiper 2,978.03 2,147.74 9.39

Steward Baker 4,516.27 3,466.64 14.57

Chief Cook 3,550.54 2,725.36 11.58

Effective October 1, 2013 there shall be a one percent (1%) increase in the daily total labor cost (TLC), which shall include base wages, base benefit wages, overtime, fringe benefit contributions and taxes, but shall not include transportation, victual ling and P&I insurance.

Effective October 1, 2014 and on each subsequent October 1st during the life of this agreement, including option periods, there shall be a two percent (2%) increase in the daily total labor cost (TLC), which shall include base wages, base benefit wages, overtime, fringe benefit contributions and taxes, but shall not include transportation, victual ling and P&I insurance.

In the event the contract is extended providing for out-option period(s), effective with option year six the parties agree to negotiate wages, wage related items and fringe benefit contribution increases.

Section 2. Vacation Benefits

Effective the first day of operation unlicensed crewmembers shall receive a vacation benefit of fifteen (15) days pay at his respective daily base benefit rate or pro rata thereof.

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Section 3. Seafarers Money Purchase Pension Plan

Effective the first day of operation the Company shall contribute Five percent

(5%) of the crewmember’s respective benefit base wage for each day worked under this Agreement.

Section 4 Manning

The minimum manning for all vessel shall be as specified in Attachment C.

During periods of Reduced Operational Status the number and ratings of the

ROS crew will be negotiated and settled prior to the vessel entering into this condition.

Section 5. Hours of Labor

The normal workweek shall be fifty-six hours.

A. Day workers, 8 a.m. to 5 p.m., Monday through Sunday.

B. Watch standers shall stand four (4) hours on and eight (8) hours off while sea watches are in effect.

C. Port watches for watch standers shall consist of an eight (8) hour watch:

midnight to 8 a.m., 8 a.m. to 4 p.m., and 4 p.m. to midnight.

D. The Steward Department shall work eight (8) hours daily between 6:30 a.m. and 6:30 p.m. However, due to the operational requirements of the vessel, these hours may be varied subject to the Masters’ approval. The Steward shall be given as much notice as possible when meal hours are changed and when late or additional meals are required.

Section 6. Commencement of Overtime

A. Subject to the provisions specified in Section 9 A, when the watch below is broken out to report for work outside their regular schedule, overtime shall commence at the time stated for the callout, provided however, that such crew

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member reports for duty within thirty (30) minutes of the time the overtime commences. Otherwise, overtime shall commence at the actual time such crew member reports for duty and such overtime shall continue until the crew member is released.

B. The above provisions shall not apply in the event the commencement of overtime is scheduled one (1) hour following the conclusion of their regular watch or workday. In that event, the crew members, having had a full hour for their regular meal shall report promptly at the beginning of the period for which overtime has been scheduled.

C. For the purpose of this Agreement overtime shall include penalty overtime, as applicable.

D. Except as otherwise provided, all work performed in excess of eight (8) hours in any calendar day; shall be paid at the respective Overtime Rate.

Section 7. Continuous Overtime

When working overtime on the watch below the crew member is knocked off for two (2) hours or less, the overtime shall be paid straight through. Time allowed for meals shall not be considered as overtime or penalty time in this clause. This section does not apply to crewmembers who are receiving overtime for standing their regular watch.

Section 8. Computation of Overtime

When overtime worked is less than one (1) hour, except for “Supper Reliefs”, overtime for one (1) hour, the overtime performed shall be paid for in one-half (½) hour periods, and any fractional part of such period shall count as one-half (½) hour.

Section 9. Checking Overtime

No work specified in this Agreement as overtime work shall be performed unless authorized by the head of the particular department. Crew overtime sheets shall be completed in their entirety by each crew member and shall be submitted to their department head weekly unless requested more frequently by the department head. He shall return the overtime sheets to the crew as soon as possible indicating

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any disputed claims. Crew members shall keep a record of all disputed overtime.

No claim for overtime or other monetary claims shall be valid unless such claim is presented to the head of the department within seventy-two (72) hours after return of weekly overtime sheets from the head of the department. When work has been performed and an overtime claim is disputed, the head of the department shall acknowledge in writing that the work was performed.

Section 10. Payment of Overtime

A. All money due for undisputed overtime shall be paid at the signing off. In the event payment of such work overtime is delayed by the Company beyond twenty-four (24) hours after signing off articles, additional compensation shall be paid at the rate of ten dollars ($10.00) a day for each calendar day or fraction thereof that the aforesaid payment of overtime is being settled between the Union and the Company.

B. No claim for the above penalty shall be considered valid unless the failure to make such payment is made known to the Union within seventy-two (72) hours after the event.

Section 11. Overtime – Tank Cleaning

When crew members are required to enter tanks for the purpose of cleaning or making repairs, if required to clean bilges, sand blast, or spray paint, they shall be compensated at the Overtime Rate during routine hours, and at 1 ½ times the

Overtime Rate during “off duty” hours.

Section 12. Overtime - Penalty Meal Hours

All unlicensed personnel shall be provided with one (1) unbroken hour for meals. Meal hours may be shifted to accommodate the crew, but such shift shall not be more than one hour. At all times hours are not shifted the penalty meal hour shall be compensated at one-half (1/2) the respective overtime rate. Penalty meal hours shall be paid whether the meal hour is during periods of overtime or not.

Section 13. Pyramiding of Overtime

Except as specifically required in this Agreement, there shall be no pyramiding of overtime or penalty time.

Section 14. Overtime Rate- Holidays

On Holidays crew members shall be paid at the Overtime Rate for all hours worked on the contractual holidays.

Section 15. Holidays

The following days shall be the ten (10) designated holidays. If a holiday falls on a Saturday or Sunday, the following Monday shall be observed, unless otherwise specified by the Federal…