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MEMORANDUM
OF AGREEMENT A. PROVISIONS FOR
EFFICIENT OPERATIONS 1. (1) The Longshore
and Clerk's Agreements and local agreements (exclusive of Walking Boss
Agreements) shall be revised and amended in the manner set forth herein so as to
eliminate restrictions in the contract and working rules, as well as in
unwritten but existing Union unilateral restrictions and arbitration awards
which interfere with the Employers' rights dealing with sling loads, first place
of rest, multiple handling, gang sizes, and manning scales, so as to allow the
Employers to:
2. (2) It is the
intent of this document that the contract, working and dispatching rules shall
not be construed so as to require the hiring of unnecessary men. The question of
whether or not men are necessary shall be based on a determination of the number
of men required to perform an operation in accordance with the provisions of
paragraph A (1). Such determination shall take into account the contractual
provisions for relief, the fact that during many operations all men will not be
working at all times due to the cycle of the operation, but this shall not be
construed to sanction such practices as four-on four-off or variations thereof. 3. The Employer may
seek through the provisions of the contract machinery to change only those
contract provisions, working and
dispatching rules which are In conflict with the provisions and intent of this
document. Where changes are agreed upon at the Coast Committee level they shall
go into effect. Where changes remain in dispute they shall be resolved by the
contract machinery. SLING
LOAD LIMITS 4. The sling load
agreement shall be amended to provide as follows: 5. 1. The sling load
agreement shall continue to apply to all loads built by longshoremen where
conditions, number of men on the dock and in the ship, and the method of
operation are the same as when the sling load agreement was negotiated. 6. 2. In the case of
all other commodities or operations, where operations have changed or where new
commodities or operations have developed, loads shall be as directed by the
Employer, within safe and practical limits and without speed up of the
individual. Any dispute arising with regard to such operations shall be settled
through the grievance machinery with work continuing as ordered. 7. 3. An increase in
the number of men man-handling cargo or the use of machinery to move or stow
cargo on the dock or on the ship shall be considered a change in operations
which permits the handling of loads larger than previous standards. 8. 4. Loads built by
other than longshoremen or loads built by longshoremen under 2 or 3 hereof shall
be skimmed or not skimmed as ordered by the Employer. 9. 5. Nothing herein
limits the Union's right to raise the issue of onerousness of work through the
grievance machinery. PLACE
OF REST AND MULTIPLE HANDLING 10. (1) There will be
no multiple handling. 11. (2) Longshore
work shall include the following dock work between the first and last place of
rest (unless waived by the Union, in writing):
12. The above
work shall be performed when ordered by the Employer. Longshore work on the
dock, as outlined in this section, is left to the option of the Employer. The
fact that such Employer option is provided for herein, does not require the
Employer to perform such work, but Employers are hereby prohibited by this
language from allowing others than Longshoremen to perform the work. 13. (3) If
jurisdictional difficulties arise in the application of the above, whatever
jurisdictional agreements are reached shall not result in multiple handling. 14. Section 1 of the
Longshore Agreement, "Definition of Longshore Work", Paragraph (a)
shall be amended by inserting the following language as a new paragraph
following the words "companies parties to this Agreement.": 15. "The words
'first place of rest' in the preceding paragraph shall not be interpreted so as
to require multiple handling of cargo on either discharge or loading operations
or movement of cargo on the dock or In a terminal , or to another dock, terminal
or warehouse, I.e., no cargo delivered to a terminal for loading on a ship, car,
or barge and no cargo arriving at a terminal by ship or barge and subsequently
leaving a terminal shall require multiple handling by longshoremen except as
required by the Employer. 16. "Cargo
received on pallet, lift, or cargo boards, or as unitized or packaged loads,
shall be considered as having fulfilled the 'first place of rest' requirement
when unloaded from the carrier at a place designated by the Employer, and shall
not be re-handled before moving to ship's tackle unless so directed by the
Employer. Cargo received for shipment but neither palletized nor received as
unitized or packaged loads and to be palletized before delivery to ship's tackle
shall be palletized by longshoremen only, (unless waived by the Union, in
writing). Cargo discharged from a vessel on pallet, lift, or cargo boards or as
packaged or unitized loads shall be considered as having fulfilled the 'last
place of rest' requirement, when it is dock stored just as it left the hatch. It
may be removed by the consignee or his agent, without additional handling,
unless de-palletizing is ordered or sorting is required by the Employer prior to
such removal. After cargo has been placed on the dock after discharge from the
vessel, any movement of the cargo to a railway car, any sorting on the dock, and
any building of loads on pallet boards on the dock shall be done by
longshoremen. This will permit the teamsters to load their trucks piece by piece
from cargo boards after longshoremen have broken down piles and set loads to the
tailgate, floor or loading platform. 17.
"Longshoremen will load or discharge trucks only when directed to do so. 18. "High piling
or breaking down high piles is longshore work. Outbound loads will be set down
one lift high on the docks and then may be high piled only by longshoremen, if
so required by the Employer. Inbound loads will be set down by longshoremen In
lift loads suitable for placement on trucks." GANG
SIZES AND MANNING 19. Section 9 of the
Pacific Coast Longshore Agreement, shall be amended to read as follows: 20. The minimum basic
ship general break bulk cargo gangs shall consist of men as follows: A
gang boss (in ports where such are used)
A
winch driver (two on single winches)
A
hatch tender Two
(2) sling or front men
Four
(4) holdmen (including siderunners) 21. Except as
hereinafter provided: (1) on loading operations the basic gang can be the
minimum number of men for all operations when the loads are being landed in the
vessel at their place of rest or being stowed thereafter by mechanical
equipment. 22. (2) On discharge
operations this basic gang can be the minimum number of men when the loads are
being moved to the point of removal from the vessel by mechanical equipment or
are ready for slinging without additional handwork except the placement of
slings or similar devices. 23. When cargo is to
be hand-handled, then two swing men shall be added to the basic gang for all
discharge operations, and four swing men shall be added for all loading
operations. Exception : When space and safety are the factors that
dictate that on one load can be handled at a time, prior to the handling of the
second load$ then the basic gang can perform such handling providing it is to
last for one hour or more. 24. When the cargo
handling operation to be performed requires only a minimum basic gang, that gang
may be used to rig, uncover and cover hatches without additional men, so as to
avoid deadtime under the eight hour guarantee. 25. The flexibility
to apply to such swing men as are called for herein (and to the second winch
driver) shall be the same flexibility set forth in the August 10, 1959
Memorandum in connection with the 8-hour guarantee. Swing men, skilled or
unskilled, and the second winch driver, shall not be added to the basic gang
complement in order to have ship's time guaranteed. They shall have the eight
hour guarantee and the right to callbacks without favoritism. They may be
released at the end of any shift when they are not needed to start the next
shift. 26. The
minimums set forth above can be supplemented in any numbers as ordered by the
Employer, while needed, without precedent. 27. Other longshore
work in connection with loading and discharging is to be performed as ordered. 28. The Employer
shall be permitted to bring machinery and machine drivers into the hold and to
swing out an equivalent number of hold men, provided four basic hold men are
retained at all times. 29. If loads above
contractual limits are to be moved manually, and additional men or machines are
required to guarantee against onerous individual workload, and to maintain
safety standards, they will be provided. 30. Manning for
existing operations shall continue with the Employer having the right to ask for
review of such manning through the contract machinery in the following
situations:
33. When new methods
of operation are introduced the Employer shall discuss the proposed manning with
the Union. If agreement cannot be reached (at the coast level) the Employers
shall have the right to put their manning in effect, subject to final resolution
through the contract machinery. 34. In existing
operations, where changed methods have already been introduced which eliminate
hand-handling of cargo on a piece-by-piece basis; or which eliminate band-andling
of units (as in cases of straight runs of unitized cargo, mechanically landed,
lifted and stowed and vice versa); or which eliminate the need for hold men by
removal of devices, (as in the case of chutes in scrap operation), the procedure
of this paragraph shall apply. 35. Dock gang units
shall continue while providing for flexibility in the use of dock gangs. 36. The same
safeguards with respect to speed up, safety and welfare shall apply in the case
of gang size and manning as in the case of sling loads. 37. If, during a
shift, a change is made from a discharge to a loading operation, and the change
requires additional men under the provisions of this section, if the Employer is
unable to swing in men from ship or dock from his own employees, the hold men
will work without additional men for a maximum of fifteen loads but not more
than one hour. B. MODERNIZATION
AND IMPROVEMENT FUND PROVISIONS 38. In return for a
revised Longshore and Clerks' Agreement incorporating the provisions set forth
in paragraphs A and C "PROVISIONS FOR EFFICIENT OPERATIONS", PMA will
establish a jointly trusteed Fund as hereinafter provided. The administration
and application of these revisions of the contract shall be subject to the
grievance procedure at the Coast level. 39. 1. The Fund
shall include the $1.5 million accumulated prior to June 15, 1960 and will be
supplemented by PMA contributions of $5,000,000 per year for a period of five
and one-half years. If at any time the maximum payments per year do not pro-
vide sufficient money to meet fully the guarantees and benefits, the guarantees
and benefits shall be reduced proportionately. 40. 2. The Fund
shall be segregated into two parts and used for the following purposes: 41.
(a) For all present fully registered longshoremen and Clerks, minus attrition; a
guarantee of payment for a specified number of hours of straight-time pay per
week at the then current contract rate, computed on an annual basis. Such
guarantee shall become operative only when hours fall below the agreed level due
to reduced work opportunity resulting from changes as provided in Paragraph A
hereof, but shall not apply to a drop in tonnage due to a decline in economic
activity. Details of eligibility and administration to be negotiated.
42.
(b) For all present fully registered longshoremen and Clerks, minus attrition;
the types of benefits provided In Union Draft of 10/4/60 Paragraph (2) (b),
paragraphs (1) to (7) inclusive. The amounts of such benefits to be determined
by the Union. (See Exhibit "A", attached.) 43. In regard to the
benefit entitled "Mandatory Pensioning", PMA-ILWU shall have joint
control over application of early mandatory retirement. If the parties disagree,
differences will be subject to arbitration. C.
GENERAL PROVISIONS 44. 1. The parties
agree that they will abide by all terms and provisions of the collective
bargaining agreements. 45. 2. The parties
agree that should disputes arise under these agreements all men and gangs shall
continue to work as directed by the Employer in accordance with the specific
provisions of the Agreements and that such disputes shall be settled through the
grievance machinery of the applicable contract. Only in cases of bona fide
health and safety issues may a standby be Justified. The Union pledges in good
faith that health and safety will not be used as a gimmick. 46. 3. The Union
agrees that the provisions of Section 16 (f) relating to "Penalties for
Work Stoppages, Pilferage, Drunkenness and Other Offenses" shall be
observed, and that in the event of disagreement as to the imposition of
penalties under the "independent procedure" at the Joint Port Labor
Relations Committee level, the issue shall be processed immediately through the
grievance procedure, and to the Area Arbitrator, if necessary. The hearing and
investigation of grievances relating to penalties shall be given precedence, on
an equal basis with discharges, over all other business before the joint Port or
joint Area Labor Relations Committees and before the Area Arbitrator. 47. The Union further
agrees that the provisions of Section 7 (b) (3) relating to removal of Hiring
Hall personnel for cause shall be observed, and that any charges brought under
this sub- section shall be processed through the grievance procedure immediately
and shall be given precedence, on an equal basis with penalties and discharges,
over all other business before the Joint Port and Joint Area Labor Relations
Committees and before the Area Arbitrator. 48. 4. The parties
agree the basic purposes of the Fund shall be specifically incorporated in the
Trust Agreement and further that either party may on 60 days notice request a
joint review of the basic purposes of the Fund no more than twice during the
term of the Trust Agreement, and that the initial review may not be requested
prior to a date 18 months subsequent to the effective date of the Trust
Agreement. If the parties cannot reach agreement at these reviews, unresolved
items or disputes may be referred to the Coast Arbitrator for decision at the
request of either party. 49. 5. In connection
with the Modernization and Improvement Fund PMA needs to be assured that the
Employer contributions to the Fund will be currently deductible for income tax
purposes. 50. The Union agrees
to support PMA in obtaining such assurances from the proper government agencies.
Failure to obtain resolution of these problems would require renegotiation of
these issues. 51. 6. Any contract
provisions, working rules, dispatching rules, unilateral rules or arbitrator
awards in conflict with the provisions of this document shall be nullified, or
changed to the extent necessary, in order that they shall not prevent the
operation of this Memorandum of Agreement. Any disputes concerning the
interpretation or application of this Memorandum of Agreement shall be
determined under Coast Labor Relations Committee procedures. The parties, by
agreement, may refer proposed changes which are of local significance only, to
the Local area-for negotiation. In the interest of uniformity, any such matter
negotiated at the Area level must be approved at the Coast level before being
put in operation. Any matter referred to the Area level and not resolved within
30 days thereafter shall automatically return to the Coast level, and if not
resolved there shall be presented to the Coast Arbitrator for decision. 52. 7. Wherever
applicable the foregoing paragraphs shall apply equally to longshoremen and
clerks. The provisions of 16(f) and 7(b) (3) of the Longshore Agreement shall be
incorporated in the Pacific Coast Master Clerks' Agreement. 53. 8. In the event
that the Union or any Local fails or refuses to follow a coast LRC or
Arbitrator's ruling interpreting or applying the provisions of this document, or
in the event of a work stoppage in any port or ports In violation of the
provisions of this document, payments into the Fund shall be abated during the
period of such failure, refusal or stoppage in the manner and amount hereinafter
provided, and the total Employer obligation shall be reduced by such amount. 54. The method of
determining the amount of abatement shall be as follows: The
total Employer obligation on an annual basis is at the rate of $13,650 per day.
This shall be the maximum amount of abatement per day. Within this limit, the
parties shall agree as to the amount to be abated on a daily basis in each
instance of failure, refusal or stoppage, whether on a Coastwide, Area, or Port
basis, and failing such agreement, the Coast Arbitrator shall make such
determination. D. DURATION 55. This Agreement
shall become effective upon ratification by both parties and shall run to July
1, 1966. E.
AMENDMENTS TO BASIC LONGSHORE AND CLERKS AGREEMENTS 56. 1. The present
Basic Coast Longshore and Master Clerks Agreements shall be extended to July 1,
1966 subject to annual reviews on June 15. Either party may ask review of any
item in the Agreements with the exceptions of Mechanization and Modernization
and Pensions. 57. 2. The Coast
Labor Relations Committee shall decide upon an equitable formula for dealing
with the question of offenses which have arisen under Section 16(f) during the
term of the present contract in order to prevent the unreasonable cumulation of
penalties Into the term of the Agreement as extended. 58. 3. The issue of
gear priority shall be referred to the Coast Labor Relations Committee in order
to develop a coastwise rule. The Committee shall take into account the positions
advanced by both parties in the current negotiations. Pending agreement on such
coastwise rule, existing local rules shall continue to apply. 59. 4. With regard to
local agreements with PMA or with PMA members (exclusive of Walking Boss
Contracts) it is agreed:
60. 5. Pensions are
reviewable under the terms of the Pension Agreement on July 1, 1961. |
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