20R3506 Attach_H_ Wage Determination.pdf

file:///NAEANRFKFS101V.NADSUSEA.NADS.NAVY.MIL/..._Sol/7_Wage%20Determination/20R3506%20Wage%20Determination.txt[11/12/2019 9:04:18 AM]

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

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

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

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-0035 Daniel W. Simms Division of | Revision No.: 7 Director Wage Determinations| Date Of Last Revision: 11/08/2019 Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

States: California, Oregon, Virginia, Washington

Area: California Statewide

Oregon Statewide

Virginia Statewide

Washington Statewide Employed on Navy contract for support of transportation of DLA transportation petroleum product among US Ports. Vessel must be capable of carrying minimum 320, 000 BBLS

Collective Bargaining Agreement between Intrepid Personnel and Provisioning, Inc.

and Seafarers International Union of North America, Atlantic,, Gulf, Lake and Inland Water District/NMU, effective September 20, 2020.

Collective Bargaining Agreement between Intrepid Personnel Provisioning, Inc. and American Maritime Officers, effective September 20, 2020.

In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, file:///NAEANRFKFS101V.NADSUSEA.NADS.NAVY.MIL/..._Sol/7_Wage%20Determination/20R3506%20Wage%20Determination.txt[11/12/2019 9:04:18 AM] employees employed by the contractor(s) in performing beauty shop services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the Collective Bargaining Agreement between Gino Morena Enterprises and United Food and Commercial Workers International Union AFL-CIO Local Number 1996, effective April 20, 2015 through April 30, 2018.

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

AGREEMENT

BETWEEN

INTREPID PERSONNEL & PROVISIONING, INC.

AND

SEAFARERS INTERNATIONAL UNION of NORTH AMERICA, Atlantic, Gulf, Lakes and Inland Waters, AFL-CIO

MSC RFP: N62387-15-R-5405

(1) Product Tanker: Empire State

MEMROA:"'iDl.JM OF U�DERSTANDING between

SEAFARERS l:"'TERl�ATIO�AL UNION OF :"'iORTH AMERICA, ATL.\�TIC, GULF, LAKES AND I�LA�D WATERS, AFL-CIO and l�TREPID PER.�ONNEL & PRO\'ISIO�I�G, l:"'iC.

WHERE A�. lntrcp1d Personnel & Provisioning. Inc. (hereinafter ··Company'') and the Seafim:rs International l. nion of North America, Atlantic. Gult: Lakes and Inland. Ar L-( IO (hereinafter "Union··) ha\e an existing collective bargaining agreement (hereinafter ·'Agreement"') CO\-cring Unlicen�ed Personnel employed aboard the product tanker l:mpire State pursuant to Military St!alift Command Contract �62387-15-R-5405: anJ

WHEREAS, the Parties would like to establish a firm �tTcctivc date for the Agreement tor the purposes of economic matters.

NOW THEREFORE. \\ith the afmementioned in mind, the Parties hereby agrel! to October 1,: of each )'car us the contract anm\ ersary date.

Dated · &�;l /

�o 11{

��trc1 d �: r <.'. .\ .,,..� \ 1 1 t•.! ...

mruc '\1: \c \1)(. '·': �- '·'� 'I<'

\ nt\ ·, u H.

Agreed:

L < George Triciler Vice Pre�ident - Con tracts Seafarers International L nion of l\orth America, Atlantic. Gulf: Lakes and Inland W::tters .. \Fl-CIO

Dated: -------

SECTION

Preamble

Introduction

Article I

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

ARTICLE II

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

TABLE OF CONTENTS

TITLE

EMPLOYMENT

Recognition

Mission

Assignment

Membership/Agency Fee Payer

Selectivity

Medical

Medical Documentation

Immunizations

Training

Benefits Plans

Shipping Articles

Indemnification

Lawful Orders

Federal and State Law

GENERAL RULES

Union Consultation

Grievance Committee

Work Stoppage

Authority of Master and Obedience of Crew

Commencement of Employment

Termination of Employment

Customary Duties

Maintenance and Cure

Transportation and Lodging

Work Performed By Other Than Members Of The

Unlicensed Personnel and Sub-Contracting, Transferring or Assigned Unlicensed Personnel Work

Emergency Duties and Drills

Holidays

Monetary Matters (See Appendix A-1 and A-2)

Commencement of Overtime

Continuous Overtime

PAGE

SECTION TITLE PAGE

Section 15 Continuous Overtime 12

Section 16 Computation of Overtime 12

Section 17 Checking Overtime 12

Section 18 Payment of Overtime 12

Section 19 Division of Wages of Absent Members 13

Section 20 Performance Bonus 13

Section 21 War Zone, Imminent Danger and Bonuses 13

Section 22 Handling Cargo Hoses 14

Section 23 Standby Work 14

Section 24 Riding Crews 15

Section 25 Departing the Vessel 16

Section 26 Launch Service 16

Section 27 Restriction to Ship 16

Section 28 Sailing board Time 17

Section 29 Securing Vessel for Sea 18

Section 30 Rest Periods 19

Section 31 Fresh Provisions 19

Section 32 Sexual Harassment Policy 19

Section 33 Smoking Policy 20

Section 34 Gambling Policy 20

Section 35 Fire Arms/Knives 20

Section 36 Narcotics, Controlled Substances and Marijuana 20

Section 37 Room and Meal Allowance 20

Section 38 Meal Hours, Relieving For Meals 20

Section 39 Midnight Lunch 21

Section 40 Coffee Time 22

Section 41 Crews Quarters 22

Section 42 Standards of Appearance 23

Section 43 Jury and Portal Toilets 24

Section 44 Transportation & Payoff Procedures 24

Section 45 Return to Port of Engagement 25

Section 46 Traveling 25

Section 47 Vessels Out of Commission 26

Section 48 Full Complement While Cargo is Being Worked 26

Section 49 Manning 26

Section 50 International Date Line 27

Section 51 New Equipment Not Carried at Present, New Construction 27 and Reconstruction

Section 52 Calendar Day 27

Section 53 War Zone 27

Section 54 Logging 28

Section 55 Return of Deceased Seamen 28

Section 56 Tour of Duty 28

Section 57 Crew Entertainment Services 29

Section 58 Crew Wages 29

Section 59 Crew Mail 29

Section 60 Security Watches 29

Section 61 Vessel Communication 29

Section 62 Gender 29

Section 63 Government Bids 30

Section 64 Pyramiding of Overtime 30

ARTICLE III DECK DEPARTMENT 31

Section 1 Division of Wages 31

Section 2 Division of Watches 31

Section 3 Setting Watches 31

Section 4 Breaking Watches and Routine Duties 32

Section 5 Men Standing Sea Watches 32

Section 6 Relieving Helmsman 33

Section 7 Day Workers 33

Section 8 Washing Down 34

Section 9 Docking and Undocking 34

Section 10 Call Backs In Port 34

Section 11 Going Ashore to Take Lines 35

Section 12 Ship's Stores 35

Section 13 Using Paint Spray Guns and Sand Blasting Equipment 36

Section 14 Garbage 36

Section 15 Cleaning Quarters 36

Section 16 Removing Soot From Smoke Stack 36

Section 17 Tank Cleaning 37

Section 18 Steering Engine Room and Bow Thruster Room 38

Section 19 Additional Work 38

Section 20 Pyramiding of Overtime 39

ARTICLE IV ENGINE DEPARTMENT 40

Section 1 Equalization of Overtime 40

Section 2 Hours of Work - Day Workers 40

Section 3 Hours of Work - Watchstanders 40

Section 4 Working Spaces 40

Section 5 Setting Watches 41

Section 6 Breaking Watches 41

Section 7 Supper Relief 41

Section 8 Qualified Member of the Engine Department 41

Section 9 General Utility Deck/Engine 42

Section 10 Tank Cleaning 43

Section 11 Using Paint Spray Guns and Sand Blasting Equipment 44

Section 12 Pyramiding of Overtime 44

ARTICLE V STEWARD DEPARTMENT 45

Section 1 Minimum Overtime 45

Section 2 Hours of Work 45

Section 3 Working Hours 45

Section 4 Departmental Procedures 45

Section 5 Full Complement 46

Section 6 Working Due to Absent Members 46

Section 7 Routine Work 46

Section 8 Handling Stores 47

Section 9 Receiving Stores 47

Section 10 Late Meals 48

Section 11 Shifting Meals 48

Section 12 Extra Meals 48

Section 13 Extra Persons Sleeping Aboard 48

Section 14 Serving Meals Outside of Messrooms 49

Section 15 Midnight Meals and Night Lunches 49

Section 16 Cleaning Meat and Chill Boxes 49

Section 17 Making Ice Cream 49

Section 18 Making Ice 50

Section 19 Overtime for Butchering 50

Section 20 Sougeeing 50

Section 21 Chipping, Scaling and Painting 50

Section 22 Dumping Garbage 50

Section 23 Oil Stoves 50

Section 24 Day Work 50

Section 25 Galley Gear 51

Section 26 Aprons and Uniforms 51

Section 27 Entering Engineroom and Fireroom 51

Section 28 Pyramiding Overtime 51

ARTICLE VI DURATION 52

APPENDIX A-1 MONETARY MATTERS-Full Operational Status/Repair 53

Availability/Pre Delivery

Section 1 Total Labor Cost Increases 53

Section 2 Wages 53

Section 3 Routine Hours 54

Section 4 Overtime Rates 55

Section 5 Port Time 55

Section 6 Premium Rates 55

Section 7 Penalty Rates 55

Section 8 Fringe Benefits 56

APPENDIX A-2 MONETARY MATTERS -Reduced Operational Status 58

Section 1 Total Labor Costs 58

Section 2 Wages 58

Section 3 Routine Hours 59

Section 4 Overtime 59

Section 5 Premium 60

AGREEMENT

BETWEEN

INTREPID PERSONNEL & PROVISIONING, INC.

AND

SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA,

ATLANTIC, GULF, LAKES AND INLAND WATERS, AFL-CIO

WHEREAS, Intrepid Personnel and Provisioning, Inc., (hereinafter referred to as "Company") and the Seafarers International Union of North America, Atlantic, Gulf, Lakes and Inland Waters, AFL-CIO (hereinafter as "Union") have existing collective bargaining agreements recognizing the Union as the sole and exclusive bargaining representative for Unlicensed Personnel employed aboard Company owned or operated vessels; and

WHEREAS, the Company has been awarded, pursuant to Military Sealift Command Request for Proposal N62387-15-R-5405, a one-year firm agreement with possible additional optional periods of performance for the operation and maintenance of (1) U.S.-flagged double-hulled tanker for worldwide operations in the transportation of petroleum product; and

WHEREAS, with the aforementioned in mind, the Parties are desirous of entering into a Collective Bargaining Agreement which defmes wages, hours and working conditions of the aforementioned Unlicensed Personnel in such fashion as to stabilize employment, insure efficient operation, eliminate strikes, picketing and lockouts, and provide an orderly means for the amicable adjustment of all disputes between the parties without interruption to the vessels operation.

NOW THEREFORE, with the overarching intent of this agreement defined, the Parties hereby agree as follows.

MSC Contract · 1 T-5 Tanker Replacement

INTRODUCTION

This Agreement applies to all Deck, Engine and Steward Personnel hereinafter employed aboard the vessel(s).

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

The term Unlicensed Personnel as used in this Agreement, shall not include super-cargoes, cadets, pursers and livestock tenders

Except as specifically provided for herein, or where required to meet the requirements of the MSC Contract, the traditional departmental and jurisdictional work rules shall be as specified in the industry Standard Union Tanker Agreement.

MSC Contract 1 '- • 2

Section 1. Recognition

ARTICLE I

EMPLOYMENT

The Company recognizes the Union as the sole representative of the Unlicensed Personnel for the purpose of Collective Bargaining.

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. 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 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 Recertified Bosuns if available.

The Union will cooperate fully with the Company to insure the Company receives continuity of employment within the fleet, including re-employment after vacation, recovery from injury or illness and participation in upgrading and training programs at the Paul Hall Maritime Center.

All Unlicensed Personnel shall apply for and participate in available upgrading and training programs conducted at the Paul Hall Maritime Center for their specific rating or department.

MSC Contract · 3

Section 4. Membership /Agency Fee Payer

The Company agrees, that as a condition of employment all Unlicensed Personnel shall become members of the Union or agency fee payers within thirty-one (31) days after the execution of this agreement, or within thirty-one (31) days after hire, whichever is later, and shall remain members of the Union or agency fee payers while employed by the Company, during the life of this agreement.

The Company is not obligated to take steps to enforce this provision unless due notice is received in writing from the Union, to the effect that a member of the Unlicensed Personnel "is not in compliance herewith.

Section 5. Selectivity

The Union agrees that the Company has the right to select from the hiring hall registration list all unlicensed crew personnel.

Unlicensed Personnel when applying for employment shall be required to be in possession of a valid

S. I. U. Clinic Card indicating the person has a complete physical examination less than one (1) year prior to date of application; and may also be required to pass a physical examination as prescribed by such Company, and shall submit from time to time thereafter to such physical examinations as may be required by such Company. Such Company shall have the right to reject an applicant for employment, or to discharge any member of the Unlicensed Personnel who shall be determined by such Company's medical examiner to be unfit for employment as such member.

Any dispute with regard to the physical fitness of any such applicant or member so examined shall be resolved by such Company's physician and the appropriate Seafarers Health and Benefits Plan designated physician. If these two (2) physicians are unable to resolve the dispute then they shall select a board certified physician of the appropriate specialty to make a final and binding decision.

The fees and expenses of such third physician shall be shared equally by the parties.

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.

MSC Contract · 4

Section 6. Medical

Each crewmember shall be certified by a designated maritime licensed physician to be medically, psychologically, and dentally fit for duty in accordance with the requirements of the MSC contract.

Section 7. 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.

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

(b) Immunization record.

(c) Sufficient prescribed medications and prescription spectacles.

(d) Any other documentation required by MSC.

Personnel not in possession of the above items will not be dispatched to the vessel.

Section 8. Immunizations

All Unlicensed Crewmembers will be advised of any and all immunization requirements m accordance with BUMEDINST 6230.15 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, MSC Contract 1 5 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 46. Traveling.

Section 9. Training

All Unlicensed Personnel must complete all shoreside training prior to assignment and must have valid certification and renewal of all training requirements as contained in the RFP.

The vessels Chief Steward shall successfully complete the National Restaurant's Association's

Online ServSafe Manager Certification. This course has a periodicity requirement of 5 years.

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

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.

Replacement crews shall have successfully completed the required training prior to assignment to a ship. For courses and/or programs that can only reasonably be conducted onboard ship, replacement crews must complete training within 30 days of reporting onboard.

Seaman dispatched to any T -5 vessel pursuant to this agreement shall meet all Military Sealift

Command (MSC) training requirements as contained in the Request for Proposal/MSC.

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

MSC Contract 6 course. Crewmembers traveling and/or attending school on Saturdays, Sundays and Holidays will not be entitled to any overtime pay.

Section 10. Benefits Plans

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

Plan, Seafarers Pension Plan, Seafarers Vacation Plan, Seafarers Harry Lundeberg School of

Seamanship, Seafarers Joint Employment Fund and the Seafarers Money Purchase Pension Plan, and further agrees to assign the appropriate Agreement and Declaration of Trust for the aforementioned

Plans and Entities.

Section 11. 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 12. Indemnification

The Union, shall protect and indemnify the companies party to this Agreement in any cause of action based on improper application by the Union of the employment provisions of Article I of this

Agreement. The Company shall protect and indemnify the Union in any cause of action based on improper application by the Company of the employment provisions of Article I of this Agreement.

Section 13. 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 14. Federal and State Law

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.

MSC Contract 7

Section 1. Union Consultation

ARTICLE II

GENERAL RULES

The Company agrees to issue passes to Union Representatives and in accordance with U.S.

Government and MSC guidelines 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 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 2. 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, unless otherwise mutually agreed.

Section 3. 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 does not concern the parties

MSC Contract i 8 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 4. Authority of Master and Obedience of Crew

Nothing in this Agreement intended to or shall be construed to limit in any way the authority of the

Master or other officers, or lessen the obedience of any member of the crew to any lawful order.

Section S. 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).

MSC Contract 9

Section 6. Termination of Employment

Any man leaving a vessel shall, upon request, be given a slip showing reason for this termination of employment.

Section 7. Customary Duties

(a) Members of all departments shall perform the necessary duties for the continuance of the operations of the vessel as set forth in this Agreement. It is understood that each crewmember shall perform the recognized and customary duties of his particular rating. Necessary work shall include the preparation of cargo tanks and cargo holds for the loading or discharging of cargo.

(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.

Section 8. Maintenance and Cure

When a member of the Unlicensed Personnel is entitled to Maintenance and Cure under Maritime

Law, he shall be paid maintenance at the rate of sixteen dollars ($16.00) per day for each day or part thereof of entitlement. The payment due hereunder shall be paid to the man weekly. This payment shall be made regardless of whether he has or has no� retained an. attorney, filed claim for damages, or taken any other steps to that end and irrespective of any insurance arrangements in effect between the Company and any insurer.

Section 9. Transportation and Lodging

When crewmembers are traveling to and from a vessel by via commercial aircraft, reimbursement(s) shall not exceed the lowest customary standard, coach or equivalent airfare offered during normal business hours. Crewmembers in a travel status will be provided travel and lodging in accordance with the Joint Travel Regulations as they apply to civilian employees of the government.

Section 10. Work Performed By Other Than Members Of The Unlicensed Personnel and Sub

Contracting, Transferring or Assigning Unlicensed Personnel Work

No cadets, workaways, or passengers shall be carried in lieu of the crew.

MSC Contract 10

Section 11. Emergency Duties and Drills

In addition to the drills required by federal law and international agreements, Unlicensed Personnel shall participate in all required MSC drills.

Section 12. Holidays

The Company Agrees to recognize the following as Holidays.

1. New Year's Day

2. Martin Luther King, Jr.'s Birthday

3. President's Day

4. Memorial Day

5. Independence Day

6. Columbus Day

7. LaborDay

8. Veteran's Day

9. Thanksgiving Day

10. Christmas Day

Section 13. Monetary Matters

Monetary matters shall be addressed in Appendix A-1 and A-2 hereto attached.

Section 14. Commencement of Overtime

(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 call-out, provided, however, that such crew members report for duty within thirty (30) minutes of the time the overtime work commences. Otherwise, overtime shall commence at the actual time such employee reports for duty and such overtime shall continue until the employee is released.

(b) The above provision 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 meal shall report promptly at the beginning of the period for which overtime has been scheduled.

MSC Contract 11

Section 15. Continuous Overtime

When working overtime on the watch below, and the crew 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 in this clause. This section does not apply to men who are receiving overtime for standing their regular watch.

Section 16. Computation of Overtime

When overtime worked is less than one (1) hour, overtime for one (1) full hour shall be paid. When overtime exceeds one (1) hour, the overtime work performed shall be paid for in one-half (1/2) hour periods, and any fractional part of such period shall count as one-half (1/2) hour.

In port, whenever the watch below is called out to work, such seaman shall be paid a minimum of two (2) hours overtime at the applicable overtime rate. This provision shall not apply when such work is performed immediately before regular working hours or in conjunction with docking, undocking or shifting, shall not apply to supper relief, and shall not result in duplication or pyramiding of overtime. In the Steward's Department, "watch below" shall be deemed to mean outside of the

"spread" set forth in Article V, Section 3 of this Agreement.

Section 17. Checking Overtime

No work specified in this Agreement as overtime work shall be performed unless authorized by the head of the particular department. After authorized overtime has been worked, the senior officer of the department on board will present to each employee who has worked overtime a slip stating hours of overtime and nature of work performed. An overtime book will be kept to conform with individual slips for settlement of overtime. Officers and men 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 completion of the work. 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.

Department heads shall collect and return overtime sheets to the crew no less than once each week, clearly indicating any disputed claims.

Section 18. Payment of Overtime

All money due for crew overtime shall be paid at the signing off. In the event payment of 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

MSC Contract· 12 thereof aforesaid payment of overtime wages is delayed. This shall not include disputed overtime being settled between the Union Representatives and the Company.

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 19. Division of Wages of Absent Members

(a) When the vessels required number of certified ratings are not in compliance with the U.S.

Coast Guard's Certification; the wages of missing watch standers shall be paid to the crew members who perform the duties of the missing man unless the watch conforms to the U. S.

Coast guard certification by assigning qualified day workers or crew members from other watches to fill the shortage.

(b) There shall be no reduction in pay where crew members of a higher rating are assigned to replace crew members of a lesser rating.

Section 20. Performance Bonus.

The Parties agree to develop a equitable program whereby the crew will receive direct renumeration through any performance bonus earned by the vessel. The bonus shall be awarded to the crew based on a formula that rewards continuity of employment and safe and effective performance of duties.

The percentage to be paid to the Unlicensed crew, when applicable, shall be negotiated by the Parties at the time the bonus is awarded to the Company.

Section 21 War Zone, Imminent Danger and Bonuses

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 renumeration, bonuses, and/or insurances, shall in no way be deemed cause for the termination of this Agreement.

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 Unlicensed Personnel on a per incident basis.

Warning shots across the bow in compliance with International Law does not constitute an "attack" of any kind.

It is understood that when a "Vessel Attack Bonus" is paid, no "Harbor Attack Bonus" shall be paid for that particular day.

MSC Contract 13

For the duration that a vessel is in the above described "zones", the Company shall provide to the

Unlicensed Personnel, 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.

The policy amounts payable under such war risk insurance shall be the same as those described in the

Second Seamen's War Risk Policy except that the benefit for loss of life shall be two-hundred thousand dollars ($200,000.00).

Section 22. Handling Cargo Hoses

(a) It is agreed that the crew shall handle, connect, and disconnect vessel's cargo and bunker hoses on board the ship without the payment of overtime except during overtime hours; however, if the crew is required to go on dock to handle connecting or disconnecting of cargo and/or bunker hoses, they shall be paid at the rates prescribed in indicated in Appendix A-1 Penalty Rates.

(b) When sand ballast is washed off the deck they shall be paid at the rates indicated in Appendix

A-1 Penalty Rates.

(c) Refueling At Sea: All Unlicensed Personnel actively engaged in the refueling of sea operation shall be paid at their respective penalty rate when such work is performed, as prescribed in

Appendix A-1 Penalty Rates. When such work is performed on watch, on Saturdays, Sundays or

Holidays, the rates indicated in Appendix A-1 Penalty Rates shall be applicable. The operation shall consist of the handling of lines, hoses, valves and other equipment necessary to the operation.

The Master shall determine the number of personnel to be used during the operation. The man at the wheel shall receive Penalty Overtime Monday through Friday during the operation. The refueling operation shall terminate when the line and hoses are returned to the vessel being refueled.

Section 23. Standby Work.

When men are required by the Company for Standby Work in port by the day, they shall be paid the

Premium Rate for the respective ratings. Eight (8) hours shall constitute a days work. All work performed in excess of eight (8) hours in any twenty four (24) hour period, or any work. performed in excess of eight (8) continuous hours shall be paid at the Premium Rate and one-half (112) for the respective ratings. Men hired to perform Standby Work shall perform any work which shall be assigned to them by their superior officer, and they shall not be subject to any work rules set forth in this Agreement.

MSC Contract J 14

When Standby Work in any particular department is to be performed an effort shall be made to obtain men with ratings in such department if they are available and are competent to perform such work.

Any man hired for Standby work who reports when ordered shall be paid a minimum of eight (8) hours of pay for the first (1st) day and a minimum of four (4) hours for each day's pay thereafter.

This change shall not be interpreted to conflict with any understanding that the Union might have with a company whose practice is to hire relief crews while the vessel is in port.

Section 24. Riding Crews.

The Company shall have the right, at any time, to determine the appropriate size of work force required to completer the maintenance project. Any member of the Riding Gang reduced as a result o this determination will be provided transportation back to his original port of engagement. Any one accepting a position on the Riding Gang shall perform any Unlicensed general maintenance and repair duties assigned by the vessel. Riding Gang members shall work seven (7) days per week. Daily hours of work for the Riding Gang shall be 12 hours per day, Monday through Sunday, from:

0800-1200

1300-1700

1800-2200

However, these hours may be modified in the event the Riding Gang is engaged in tank cleaning.

Maintenance work shall not be performed outside on deck during periods of darkness unless the work area is safely illuminated.

The utilization of Riding Gang members will not trigger any additional contractual crew costs such as, but not limited to, extra Steward Department compensation. Claims for loss of overtime by the ship's crew will only be honored when the work being performed by the ship's crew, and the crew member submitting the claim was available and did not refuse any overtime for the same period. The work rule provisions of the vessel's CBA shall not apply to Riding Gangs. However, Riding Gang personnel shall be entitled to the same living conditions and social benefits provided for in the vessels

CBA.

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Members of the Riding Gang, shall be requested from the Union as Group I or Group II rating. The daily rates of pay shall be as follows:

GROUP I

GROUP II

$175.32

$131.83

When work is performed in excess of 12 hours, they will be paid one and one-half times the hourly rate. The hourly rate shall be calculated by dividing the daily rate by 12. Upon completion of the assignment, the Company shall provide transportation for the Riding Gang back to the original port of engagement.

Riding Gang Benefits

Eligible Riding Gang personnel shall receive Seafarers Health and Benefits Plan medical coverage at the Core Plus level.

The Company shall make contributions to the Seafarers Vacation Plan for eligible Riding Gang personnel in order to provide a Seafarers Vacation Plan benefit of seven (7) days for each thirty (30) days employed.

Section 25. Departing the Vessel

No Unlicensed Crew member shall depart the vessel, whether or not on his scheduled time off, without being properly relieved, unless specifically authorized to do so by the Master before the arrival of such relief.

Section 26. Launch Service

When directed by COR or MSC Area Commander, the Company shall arrange launch boat services when vessels are anchored or moored offshore.

Section 27. Restriction to Ship

When a vessel has been in a foreign port where the crew was restricted to the ship and the Company claims that this restriction was enforced by the government of the port visited or either Federal, Military or Naval Authorities, the Company shall produce a copy of the restriction order of the government, Federal, Military or Naval Authorities. In lieu thereof it may produce a proper entry in the official log book and must give sufficient notice in writing of the restriction to the Ship's

Chairman. The notice shall also be posted on the crew's bulletin board. A letter from the Company's

MSC Contract 16 agents will not be sufficient proof of the existence of such an order. If the Company is unable to produce evidence as provided herein to satisfy the Union of the validity of such restriction, the crew shall be compensated for having being restricted to the ship by the payment of overtime for the period of the restriction at the applicable penalty rate.

When a restriction occurs because of quarantine, immigration or customs procedures, a proper log entry shall suffice.

Section 28. Sailing Board Time.

(a) The sailing time shall be posted at the gangway on arrival when the vessel's stay in port is twelve (12) hours or less. When the stay exceeds twelve (12) hours, the sailing time shall be posted eight (8) hours prior to the scheduled sailing, if before midnight. If the scheduled sailing is between midnight and 8 a.m., the sailing time shall be posted not later than 5 p.m.

(b) If the vessel's departure is delayed and the delay is due to the loading or discharging of cargo, the loading of stores or bunkers, the new time of departure shall promptly be posted on the board and if such delay exceeds two (2) hours, the watch off duty shall be dismissed and shall receive two (2) hours penalty overtime at the rates prescribed in Appendix A-1

Monetary Matters, Penalty Off-Watch M-F for such reporting.

If the new sailing time is not posted within the two (2) hour period, the watch off duty shall receive penalty overtime from the time required to report to the time that the vessel sails.

The overtime prescribed above shall not apply if sailing is delayed on account of weather, such as rain, fog or any other condition beyond the vessel's control.

(c) Sailing board shall be posted no later than 5 p.m. on Friday when a vessel is scheduled to sail on a weekend between 5 p.m. Friday and 8 a.m. Monday. When a vessel arrives on a weekend between 5 p.m. Friday and 8 a.m. Monday, and 8 a.m. Monday, and is scheduled to sail prior to 8 a.m. Monday, the sailing board shall be posted not later than two (2) hours after arrival. If Friday is a holiday, the sailing board shall be posted prior to the holiday. Similarly, if Monday is a holiday, then the following Tuesday shall be substituted in lieu of Monday. In the event the Company does not do this, the penalty rate in effect will be paid from the time the watch below is required to return until the time the vessel sails or 8 a.m. Monday, whichever is earlier.

(d) If the Company has correctly posted the board as above required, and the scheduled departure is during the weekend as above provided, then at the time of posting, a written form must be given to each unlicensed crew' member by an authorized deck or engine officer, advising them of a specific telephone number. The burden to assume a proper telephone service is entirely on the Company. If such written form is not furnished at the time of posting

MSC Contract ; 17 to each unlicensed crew member, the unlicensed crew members shall be guided by the posted sailing time.

(e) Each unlicensed crew member will then have the obligation to make one (1) telephone call at the company expense to such telephone number. Such call must be made no earlier than five (5) hours before scheduled departure time and no later than two (2) hours before the scheduled departure time.

The purpose of such call is to find out if the sailing board departure time has been changed to a later time subsequent to the unlicensed crew member having left the vessel.

(f) If at the time of the telephone call the answer is that there has been no change, then the unlicensed crew member can rely on the departure time as set forth on the sailing board when he left the vessel. If in response to the telephone call the unlicensed crew member is advised that the departure time has been changed, he will report one ( 1) hour before the new scheduled departure time.

(g) When unlicensed crew members report back to the vessel pursuant to the scheduled departure time and the vessel departs two (2) or more hours after such scheduled departure time, because of loading or discharging cargo or loading of stores or bunkers, even if it occurs after 8 a.m. on Monday (or Tuesday if Monday is a holiday), they will be paid overtime at the rates specified in Appendix A-1.

(h) If the vessel in fact sails within two (2) hours from the posted sailing time, pursuant to which the unlicensed crew member reported back on the vessel, there will be no penalty payment required.

(i) All unlicensed crew members shall report aboard at least one (1) hour before the scheduled sailing time. In the event any unlicensed crew member fails to comply with this provision, the Compay shall call the Union and the Union shall furnish a replacement. If the original crew member reports after the Company has called a replacement, the man shipped by the

Union as such replacement shall receive- two (2) ,days pay from the crew member who was late in reporting for duty.

G) When a Company orders a replacement for which there is no vacancy on the vessel, the

Company shall reimburse the seaman the equivalent of two (2) days pay plus transportation charges.

Section 29. Securing Vessel for Sea

All vessels of the Company must be safely secured before leaving the harbor limits for any voyage.

MSC Contract ' 18

Section 30. Rest Periods

(a) When members of the Unlicensed Deck and Engine Departments are required to turn to on overtime for a period longer than two (2) hours between the hours of midnight and 8 a.m.

they shall be entitled to a rest period of one (1) hour for each hour worked between midnight and 8 a. m. This rest period shall be given at any time that is convenient between the hours of

8 a.m. and 5 p. m. the same day. This rest period shall be in addition to cash overtime paid for the work performed between midnight and 8 a.m. If a rest period is not given, the men who have worked shall be entitled to additional overtime at the applicable penalty rate in lieu thereof.

This section shall not apply to men who have been turned to on overtime at 6 a.m. or after.

(b) Where sea watches have been maintained this section shall not apply to regular watch standers.

(c) In port, if sea watches have been broken and have not been reset, this section shall apply to any man required to turn to on such overtime work.

(d) This section shall apply, in the case of day workers, both at sea or in port.

(e) The Boatswain may take a rest period when due, except in cases where the watch below is turned to on overtime.

Section 31. Fresh Provisions

The Company will be allowed to purchase food and provisions from non-United States suppliers when deployed outside the United States. As United States Navy Ships, the Company will be eligible to purchase from within the Navy Supply system when available.