Memorandum on Job Security and New
Technology
December 19, 2000
It is recognized and agreed by
the ILWU and the PMA that the rate of technological change has resulted in a
need for the parties to the PCCCD, PCLCD, PCWB & FA to negotiate a
Memorandum of Agreement that will allow for the efficient movement of freight
and the information needed to move cargo through the gate, within the yard and
to and from ships and rail cars where such rail cars are being
loaded/discharged at the “on dock” rail facility, while protecting the
work opportunity of existing registered workers.
It is further recognized and
agreed that technological change is dynamic in nature and that this agreement
shall not in any manner restrict or prevent future introduction of
technological advances.
1. The provisions for the introduction of technology require that the
ILWU-PMA Agreements and Local Agreements shall be revised and amended to
eliminate restrictions in the Contract, Dispatching Rules, and Working Rules,
as well as unwritten but existing restrictions and Arbitrations Awards that
interfere with the Employers’ right to implement new technology, or require
unnecessary or redundant work to be performed by marine clerks or other ILWU
members so as to allow the Employers to
a) operate safely and
efficiently
b) change methods of work and allow for free-flow of data;
c) assign work to the most logical person irrespective of job
classification;
d) utilize new technology in gate, yard, ship and rail operations;
e) develop a higher skilled workforce with improved reliability through
continuity of employment.
2. It is the intent of this Document that the Contract,
Working and
Dispatching Rules, or Arbitrators’ Awards shall not be construed to require
the hiring of unnecessary individuals or the performance of tasks made
redundant through automation. The
question of whether or not individuals are necessary shall be based on a
determination of the number required to perform an operation in accordance
with the provisions of paragraph (1). Such
determination shall take into account the contractual provisions for relief,
the fact that during many operations all individuals 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 grievance machinery
to change only those Contract provisions, Working and Dispatching Rules that
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 grievance machinery.*
In recognition of the impact that this Agreement
will have on the ILWU membership, PMA would agree.
1)
The Employers will guarantee all currently registered workers covered
under the PCL&CA and the PCWB&FA an opportunity to work.
2)
The Employers will provide training to registered ILWU clerks, foremen
and longshoremen to successfully utilize the technology as it is introduced into
the Industry.
3) The Employers and the Union will develop a 401(K) based program that
will allow registered clerks and longshoremen to share in the economic
benefits associated with the introduction and continued use of new
technology-based work rules and processes.
4) The
Parties will review and adjust skilled rates as necessary for jobs
which require increased skills due to the introduction of new technology.
5) The Employers will agree to develop additional retirement benefits
should it be necessary to offer early retirement to registered longshore
workers.
6) The Employers are committed to the preservation of ILWU jurisdiction
within the current scope of the Agreements where such jurisdiction does not
prevent the implementation of new technology.
*Direct from the M & M Agreement
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