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Union Documents
Contract-PCLCD
Section 5
Contract-PCLCD
Section 5
Section 5
Section 5.1
Section 5.1 The following holidays shall be recognized: New Year’s Day, Martin Luther King’s Birthday, Lincoln’s Birthday, Washington’s Birthday, Cesar Chavez’ Birthday, Memorial Day, Independence Day, Bloody Thursday, Harry Bridges’ Birthday, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas Eve Day, Christmas Day, and New Year’s Eve Day. notes: {E} Section 5.2
Section 5.2 Holiday observance and work schedule. The observance of holidays and the work schedule on the holidays listed in Section 5.1 shall be as follows in all U.S. Pacific Coast ports: New Year’s Eve Day, December 31 and New Year’s Day, January 1—No work shall be performed between 3:00 p.m., December 31 and 7:00 a.m., January 2. Exceptions: (a) An extended shift will be worked from 3:00 p.m. to 5:00 p.m. on December 31 for the purpose of finishing a ship and (b) the provision for “no work” shall not apply to passenger ships, essential military cargo and emergencies as defined in Section 5.24. Martin Luther King’s Birthday, 3rd Monday in January— Normal work day. Lincoln’s Birthday, February 12—Normal work day. Washington’s Birthday, 3rd Monday in February—Normal work day. Cesar Chavez’ Birthday, March 31— Normal work day. Memorial Day, last Monday in May—Normal work day. Independence Day, July 4—Normal work day. Bloody Thursday, July 5— No work shall be performed between 8:00 a.m., July 5 and 7:00 a.m., July 6. Harry Bridges’ Birthday, July 28—Normal work day. Labor Day, 1st Monday in September—No work shall be performed between 8:00 a.m. on Labor Day and 7:00 a.m. the day after Labor Day. Exception: The provision for “no work” shall not apply to passenger ships, essential military cargo and emergencies as defined in Section 5.24. Veterans’ Day, November 11—Normal work day. Thanksgiving Day, 4th Thursday in November—No work shall be performed between 8:00 a.m. Thanksgiving Day and 7:00 a.m. the following day. Exception: The provision for “no work” shall not apply to passenger ships, essential military cargo and emergencies as defined in Section 5.24. Christmas Eve Day, December 24 and Christmas Day, December 25—No work shall be performed between 3:00 p.m., December 24 and 7:00 a.m., December 26. Exceptions: (a) An extended shift will be worked from 3:00 p.m. to 5:00 p.m. on December 24 for the purpose of finishing a ship and (b) the provision for “no work” shall not apply to passenger ships, essential military cargo and emergencies as defined in Section 5.24. notes: {E} Section 5.21
Section 5.21 When a holiday falls on Saturday or Sunday, the work schedule provided in Section 5.2 shall apply on Saturday or Sunday; however, the holiday shall be observed on Monday and payment as provided in Sections 5.32, 5.321 and 5.322 shall apply to Monday notes: {E} Section 5.22
Section 5.22 On Election Day the work shall be arranged so as to enable the men to vote. notes: {E} Section 5.23
Section 5.23 Where work ceases at 3:00 p.m. (December 24 and December 31) the day shift guarantee shall be 6 hours on an 8:00 a.m. start and 5 hours on a 9:00 a.m. start. notes: {E} Section 5.24
Section 5.24 Any work schedule restriction provided in Section 5.2 shall not apply in the event of an emergency involving the safety of vessel, life or property. notes: {E} Section 5.3
Section 5.3 Paid Holidays. The following holidays shall be recognized as “paid holidays”: New Year’s Day, Martin Luther King’s Birthday, Washington’s Birthday, Cesar Chavez’ Birthday, Memorial Day, Independence Day, Harry Bridges’ Birthday, Labor Day, Veterans’ Day, Thanksgiving Day, Christmas Eve Day, Christmas Day, and New Year’s Eve Day. notes: {E} Section 5.31
Section 5.31 Eligibility for paid holidays. Only registered employees are entitled to receive a “paid holiday,” provided: notes: {E} Section 5.311
Section 5.311 They have registration status on the date of the “paid holiday,” and notes: {E} Section 5.312
Section 5.312 Have worked the required number of hours, in the most recent payroll year for which total payroll year hours are available, to qualify for a 1-week basic vacation as provided in Section 7.11. notes: {E} Section 5.313
Section 5.313 In addition to Sections 5.311 and 5.312, employees receiving their job assignments through the dispatch hall must be available for at least 2 of the 5 days, Monday through Friday (exclusive of the holiday), during the payroll week in which the holiday falls. notes: {E} Section 5.3131
Section 5.3131 Employees who work the required hours to have qualified for a 2-week basic vacation in the prior payroll year shall not be required to meet the provisions of Section 5.313 on paid holidays which are normal work days, i.e., Martin Luther King’s Birthday, Washington’s Birthday, Cesar Chavez Birthday, Memorial Day, Independence Day, Harry Bridges’ Birthday, Veterans’ Day. notes: {E} Section 5.314
Section 5.314 In addition to Sections 5.311 and 5.312, employees working on a steady basis must meet the availability requirement of their employer. notes: {E} Section 5.315
Section 5.315 The availability provision of Section 5.313 or Section 5.314 shall not apply to absence while on vacation or because of sickness or injury which is verified. notes: {E} Section 5.32
Section 5.32 Payment. A registered employee eligible for a “paid holiday” shall receive pay equivalent to 8 hours at the straight time rate to which the employee is entitled under Section 4.13 for the week in which the “paid holiday” occurs. notes: {E} Section 5.321
Section 5.321 Registered employees eligible for a “paid holiday” shall receive payment as provided in Section 5.32 above, whether they work or not. When registered employees who are eligible for a “paid holiday” perform work on such holiday, their additional payment for working shall be as prescribed in Section 4. notes: {E} Section 5.322
Section 5.322 Registered employees not eligible for a “paid holiday” and non-registered employees who perform work on any of the paid holidays listed in Section 5.3 above shall be paid for working as prescribed in Section 4. notes: {E} Section 5.33
Section 5.33 Disbursement. Payment for each “paid holiday” shall be made on the second payday following the payroll week in which the “paid holiday” falls. The Pacific Maritime Association shall be the disbursing agent for such payments. (PMA and the Union will review the timely submission of availability to process payment of holiday pay. When this process is completed and availability is submitted in a timely manner, holiday pay will be paid the week following the holiday.) notes: {E} Section 5.331
Section 5.331 An employee who does not receive a “paid holiday” payment because of illness/injury, vacation, visiting, full-time union employment, full-time joint employment, jury duty or any other reason in which the employee claims all eligibility requirements were met, shall file a claim. To be valid, such claim for “paid holiday” payment must be submitted to PMA no later than 5 weeks after the normal pay day for the “paid holiday.” notes: {E} Section 5.34
Section 5.34 Work force availability. The Union agrees that employees shall be available to meet the Employers’ work requirements on all holidays in accordance with the work schedule contained in Section 5.2. notes: {E}
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