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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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