Wednesday, May 22, 2013
  • ILWU 13
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Section 4

  • Section 4.1

    Section 4.1
    Wage Rates. The basic straight-time hourly rate of pay for longshoremen shall be as follows: Effective 8:00 a.m., June 28, 2008 $31.18 Effective 8:00 a.m., July 4, 2009 $31.68 Effective 8:00 a.m., July 3, 2010 $32.68 Effective 8:00 a.m., July 2, 2011 $33.68 Effective 8:00 a.m., June 30, 2012 $34.68 Effective 8:00 a.m., June 29, 2013 $35.68

    notes:
    {E}
  • Section 4.12

    Section 4.12
    All hourly rates of pay shall be as set forth in the Wage Schedule and shall be effective as set forth therein.

    notes:
    {E}
  • Section 4.13

    Section 4.13
    Work Experience Straight Time Hourly Rates.

    notes:
    {E}
  • Section 4.131

    Section 4.131
    Each employee, regardless of registration or non-registration status, unless exempted under Section 4.132, shall be paid for work under this Contract Document on the basis of total worked hours in the industry accumulated since the beginning of the 1976 payroll year. The total accumulated worked hours credited to the employee at the end of the previous payroll week (7:59 a.m. Saturday) shall determine the employee’s appropriate straight time hourly rate according to the following tables: Work Experience Hours Eff. 7/2/11 Eff. 6/30/12 Eff. 6/29/13 4,001 or more hours $33.68 $34.68 $35.68 2,001 through 4,000 hours $27.27 $27.99 $28.71 1,001 through 2,000 hours $25.27 $25.99 $26.71 0 through 1,000 hours $24.27 $24.99 $25.71 Straight Time Hourly Rate Work Experience Hours Eff. 6/28/08 Eff. 7/4/09 Eff. 7/3/10 4,001 or more hours $31.18 $31.68 $32.68 2,001 through 4,000 hours $25.47 $25.83 $26.55 1,001 through 2,000 hours $23.47 $23.83 $24.55 0 through 1,000 hours $22.47 $22.83 $23.55

    notes:
    {E}
  • Section 4.1311

    Section 4.1311
    Qualifying hours for pay rate status as set forth in Section 4.131 above shall include all hours for which pay is received, excluding vacation hours, paid holiday hours, and Pay Guarantee Plan hours.

    notes:
    {E}
  • Section 4.1312

    Section 4.1312
    At the end of each succeeding payroll week, each employee, regardless of registration or non-registration status, will be credited with any hours worked. If the new total accumulated worked hours exceeds the upper limit of the work experience hours grouping in which the employee is classified, pay for hours worked the following payroll week and succeeding weeks shall be based on the hourly rate of the next work experience grouping.

    notes:
    {E}
  • Section 4.1313

    Section 4.1313
    All other derivative rates, such as the second and third shift rates and the overtime rates shall be calculated from the rates described in Section 4.131. All skill rates appropriate to the work being performed shall be applied to the rates so derived.

    notes:
    {E}
  • Section 4.132

    Section 4.132
    All Class A and Class B employees registered on or before June 30, 1987 shall be exempted from the work experience requirements of Sections 4.131 through 4.1313 and shall be entitled to receive the basic straight time hourly rate or rates derived therefrom.

    notes:
    {E}
  • Section 4.14

    Section 4.14
    Shift Rates and Overtime Rates.

    notes:
    {E}
  • Section 4.141

    Section 4.141
    Shift Rates: The first shift hourly rate shall be the basic straight time hourly rate. The second shift hourly rate shall be 1.333333 times the basic straight time hourly rate. The third shift hourly rate shall be 1.6 times the basic straight time hourly rate.

    notes:
    {E}
  • Section 4.142

    Section 4.142
    Overtime Rates: The overtime hourly rate shall be 1.5 times the basic straight time hourly rate on the first shift, 1.5 times the basic straight time hourly rate on the second shift and 1.8 times the basic straight time hourly rate on the third shift.

    notes:
    {E}
  • Section 4.15

    Section 4.15
    Payment of Rates.

    notes:
    {E}
  • Section 4.151

    Section 4.151
    First Shift. The basic straight time hourly rate shall be paid for the first 8 hours worked between the hours of 8:00 a.m. and 6:00 p.m. on the first shift Monday through Friday. The overtime rate (1.5 times the basic straight time hourly rate) shall be paid for work in excess of 8 hours, for work outside the hours of 8:00 a.m. to 6:00 p.m. on the first shift Monday through Friday and for all hours worked on the first shift on Saturday, Sunday, and Agreement Holidays.

    notes:
    {E}
  • Section 4.152

    Section 4.152
    Second Shift. The second shift hourly rate (1.333333 times the basic straight time hourly rate) shall be paid for the first 8 hours worked on the standard second shift as set forth in Section 2.41, Monday through Friday. The overtime rate (1.5 times the basic straight time hourly rate) shall be paid for work in excess of 8 hours, for work outside the standard 8-hour second shift Monday through Friday, and for all hours worked on the second shift on Saturday, Sunday, and Agreement Holidays.

    notes:
    {E}
  • Section 4.153

    Section 4.153
    Third Shift. The third shift hourly rate (1.6 times the basic straight time hourly rate) shall be paid for the first 5 hours worked on the standard third shift, as set forth in Section 2.41, Monday through Friday. The third shift overtime rate (1.8 times the basic straight time hourly rate) shall be paid for work in excess of 5 hours, for work outside the standard 5-hour third shift, Monday through Friday, and for all hours worked on the third shift on Saturday, Sunday, and Agreement Holidays.

    notes:
    {E}
  • Section 4.2

    Section 4.2
    Training Rates of Pay.

    notes:
    {E}
  • Section 4.21

    Section 4.21
    The hourly rate of pay for training shall be the employee’s straight time rate as established under Sections 4.13 through 4.132.

    notes:
    {E}
  • Section 4.3

    Section 4.3
    Skill Rates.

    notes:
    {E}
  • Section 4.31

    Section 4.31
    Wages to be called Skill Rates shall be paid for types of work specified in Section 4.32.

    notes:
    {E}
  • Section 4.32

    Section 4.32
    The straight time Skill Rates are derived by adding a skill differential to the straight time hourly rate payable under Sections 4.13 through 4.132. Effective Date: 6/28/08 7/4/09 7/3/10 7/2/11 6/30/12 6/29/13 Skill I: $33.58 $34.08 $35.08 $36.08 $37.08 $38.08 Effective Date: 6/28/08 7/4/09 7/3/10 7/2/11 6/30/12 6/29/13 Skill II: $35.85 $36.35 $37.35 $38.35 $39.35 $40.35 Effective Date: 6/28/08 7/4/09 7/3/10 7/2/11 6/30/12 6/29/13 Skill III: $36.98 $37.48 $38.48 $39.48 $40.48 $41.48 Skill I, Skill II, and Skill III rates based on Work Experience Straight Time Hourly Rates shall be paid as determined under Sections 4.13 through 4.132. These rates are provided in the Wage Schedules, pages 134-157. Mechanics rates are provided in the Wage Schedules, pages 158-159. 1 Section 3.131 does not apply and these men may be shifted to any longshore work retaining their skill differential. 2Two men shall be employed for each machine in continuous operation. 3Applies to Tacoma, Anacortes and Port Angeles only. 4 See Section 10.2. 5 See Section 10.32(e). Boom Man1 Bulldozer Operator2 Burton Man Combination Lift Truck- Jitney Driver Crane Chaser1 Gang Boss Guy Man Hatch Boss Tender3 Hatch Tender (Aboard Ship) Holdmen (Skilled)1, 4 Lift Truck Operator (Up to 15 tons)5 Payloader Operator2 Sack Turner Side Runner1 Tractor (semi-truck) Driver (On Dock) Winch Driver Portainer/Hammerhead Portpacker Reachstacker Sidepick Operator Strad Driver Tophandler Driver Transtainer 9.43 Equipment Operator Lift Truck Operator – Heavy (over 15 tons rated) Locomotive Operator Log Stacker Operator Shipboard Munck Crane Operator Shipboard Whirley Shore-based Whirley & Mobile Crane Operators Transtainer Operator

    notes:
    {E}
  • Section 4.33

    Section 4.33
    The Skill Rate for the first shift shall be the straight time Skill Rate set forth in Section 4.32; the Skill Rate for the second shift shall be 1.333333 times the straight time Skill Rate; the Skill Rate for the third shift shall be 1.6 times the straight time Skill Rate.

    notes:
    {E}
  • Section 4.34

    Section 4.34
    During overtime hours, the Skill Rates shall be 1.5 times the straight time Skill Rate on the first and second shifts and 1.8 times the straight time Skill Rate on the third shift.

    notes:
    {E}
  • Section 4.35

    Section 4.35
    The rate of pay for Jitney Drivers shall be the employee’s appropriate straight time hourly rate. When a Jitney Driver is dispatched to drive Jitney, he may be assigned to other work to fill out his minimum guarantee. Combination Lift Truck-Jitney Drivers may be required to work both as Jitney and Lift Truck Drivers. When a Combination Man, dispatched as such, is required to drive Jitney, he shall be paid the Skill Rate, and shall not be replaced during the shift by a man working at less than the combination rate.

    notes:
    {E}
  • Section 4.36

    Section 4.36
    The parties or the Joint Coast Labor Relations Committee shall establish coastwise skill rates for operating other tools and, where appropriate, for operating machinery not presently in use.

    notes:
    {E}
  • Section 4.361

    Section 4.361
    When new power equipment is introduced, the Employer at the Coast level shall submit to the Union a letter describing the equipment and the proposed skill rate prior to the anticipated use of such equipment. A copy of the letter shall be transmitted to the local(s) in the ports where the new equipment is to be introduced. After such notification, the following procedure shall be implemented: (a) The Joint Port Labor Relations Committee in the port where the new power equipment is introduced shall meet promptly and reach agreement or disagreement on the Employers’ proposed skill rate at least 48 hours prior to the anticipated use of the new equipment. If agreement is reached on the Employers’ proposal, such skill rate shall be a rate in Section 4.32. (b) If the Joint Port Labor Relations Committee under step (a) above does not reach agreement on the skill rate proposed by the Employers, the matter shall be immediately referred to the Area Arbitrator for resolution. The Area Arbitrator shall issue a prompt interim decision on the skill rate to be paid for the initial use of the equipment. (c) On the initial working shift of the equipment, either party at the local level may request a Joint Port Labor Relations Committee meeting to observe the equipment in use as established by either step (a) or (b) above. If either party is dissatisfied with the skilled rate, the Area Arbitrator shall be promptly called to the job. The Area Arbitrator shall observe the operation with the local parties, hear their contentions, and then issue a prompt formal decision on the skilled rate that shall be final and binding, unless changed under step (d) below. (d) Either party may appeal a decision by the Area Arbitrator under step (c) above to the Joint Coast Labor Relations Committee. Upon receipt of an appeal, the Joint Coast Labor Relations Committee shall meet within 5 days, or later, if the parties agree on a subsequent meeting date. If agreement is not reached by the Joint Coast Labor Relations Committee, the matter shall be placed before the Coast Arbitrator, whose decision on the skilled rate shall be final and binding.

    notes:
    {E}
  • Section 4.4

    Section 4.4
    Penalty cargo rates.

    notes:
    {E}
  • Section 4.41

    Section 4.41
    In addition to the basic wages for longshore work, additional wages to be called penalties shall be paid for the types of cargoes, conditions of cargoes, or working conditions specified in the Wage Rate Schedule.

    notes:
    {E}
  • Section 4.42

    Section 4.42
    Except where otherwise specified, the penalty cargo rates shall apply to all members of the longshore gang and dockmen working the penalty cargo.

    notes:
    {E}
  • Section 4.43

    Section 4.43
    Where two penalty rates might apply, the higher penalty rate shall apply and in no case shall more than one penalty rate be paid.

    notes:
    {E}
  • Section 4.44

    Section 4.44
    The penalty cargo rate for the first shift shall be the straight time penalty cargo rate as set forth in the Penalty Cargo List; the penalty cargo rate for the second shift shall be 1.333333 times the straight time penalty cargo rate; the penalty cargo rate for the third shift shall be 1.5 times the straight time penalty cargo rate.

    notes:
    {E}
  • Section 4.45

    Section 4.45
    During overtime hours on the first, second and third shifts, the penalty cargo rate shall be 1.5 times the straight time penalty cargo rate.

    notes:
    {E}
  • Section 4.46

    Section 4.46
    The straight time penalty cargo rate for working explosives shall at all times equal the employee’s straight time rate as set forth in Section 4.13.

    notes:
    {E}
  • Section 4.47

    Section 4.47
    Where a Skill Rate and a penalty both apply, the allowance for the penalty shall be applied to the Skill Rate and shall be augmented for shift differentials and overtime hours as provided in this Section 4.

    notes:
    {E}
  • Section 4.5

    Section 4.5
    Subsistence.

    notes:
    {E}
  • Section 4.51

    Section 4.51
    Subsistence rates when payable shall be $90.00 per night for lodging in the first year of the Contract; $95.00 in the second year of the Contract; $100 in the third year of the Contract; $110 in the fourth year of the Contract; $115 in the fifth year of the Contract; and $120 in the sixth year of the Contract. Meal susbsistence shall be increased from $20 to $25.00 per meal in the second year of the Contract, and from $25 to $30 in the fifth year of the Contract.

    notes:
    {E}
  • Section 4.511

    Section 4.511
    All registrants dispatched from San Francisco to work in the East Bay shall receive the $4.00 Bay Bridge toll. This toll allowance shall be increased with any increase in the Bay Bridge toll.

    notes:
    {E}
  • Section 4.6

    Section 4.6
    Mileage Allowance.

    notes:
    {E}
  • Section 4.61

    Section 4.61
    A mileage allowance for transportation shall be payable to each employed traveler. The amount shall be the maximum non-taxable mileage rate in accordance with IRS standards.

    notes:
    {E}
  • Section 4.62

    Section 4.62
    Rate changes by the IRS will be implemented as soon as administratively possible but no later than 30 days from notification.

    notes:
    {E}
  • Section 4.63

    Section 4.63
    When automobile mileage allowance is payable under local travel provisions then travel time shall be determined on the basis of actual automobile driving time, up to existing speed limits, in increments of no less than 15 minutes. Failure of the local parties to agree to a schedule on this basis shall be submitted to the Area Arbitrator for final determination in accordance with these guidelines.

    notes:
    {E}
  • Section 4.64

    Section 4.64
    There shall be no other changes made in local travel provisions during the term of this Agreement, except for changes made at the local level by mutual agreement.

    notes:
    {E}
  • Section 4.7

    Section 4.7
    Personal effects. Men shall be reimbursed for damage (other than usual wear and tear) to personal effects which are damaged on the job, provided satisfactory evidence is presented to the Joint Port Labor Relations Committee. The amount of the reimbursement shall be decided by the Committee, which shall adhere to the following rules:

    notes:
    {E}
  • Section 4.71

    Section 4.71
    Personal effects are items which a man needs to take on the job to perform his work, and there must be proven need for the item on the job.

    notes:
    {E}
  • Section 4.72

    Section 4.72
    Any damage must be a direct result of performing work and must be reported to company supervision on the job when it occurs.

    notes:
    {E}
  • Section 4.73

    Section 4.73
    The damaged item must be exhibited to the Committee for determination of the depreciation and extent of damage.

    notes:
    {E}
  • Section 4.74

    Section 4.74
    The claim must be accompanied by prima facie evidence that the item was damaged on the job, and negligence and carelessness are factors to be given consideration.

    notes:
    {E}
  • Section 4.75

    Section 4.75
    If reimbursement is in order, the item will either be repaired or replaced in kind or reimbursed at its depreciated value.

    notes:
    {E}
  • Section 4.76

    Section 4.76
    Any second approved claim by an individual for broken glasses may be reimbursed by replacement with safetytype glasses.

    notes:
    {E}
  • Section 4.77

    Section 4.77
    Claims for lost or stolen items are not valid.

    notes:
    {E}

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