Section 7

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Section 7

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Section 7.1

Computation of vacations. In any payroll year each longshoreman who is registered and qualified on December 31 of the calendar year in which he earns his vacation shall receive a vacation with pay the following year at the straight time hourly rate to which the employee was entitled under Section 4.13 on January 1 of the calendar year in which vacations are paid. The computation shall be as follows:

notes:

{E}

Section 7.11

Section 7.11
Basic vacation.
notes:
{E}

Section 7.111

Qualifying hours required for a basic 1-week or 2-week vacation with pay shall be as follows: Qualifying Hours Average Port Under Age 60 Age 60 and Over Hours 1 Week 2 Weeks 1 Week 2 Weeks 1,300 or more .................800 1,300 700 1,200 1,200 - 1,299 .................700 1,200 600 1,100 1,100 - 1,199 .................676 1,100 600 1,100 1,000 - 1,099 .................615 1,000 600 1,000 900 - 999 .................552 900 552 900 800 - 899 .................552 800 552 800 less than 800 .................552 800 552 800

notes:

{E}

Section 7.1111

“Qualifying hours,” as defined in Section 7.21, include hours worked in any port. In no event shall the qualifying hours for a basic 1-week vacation be less than 552 hours.

notes:

{E}

Section 7.1112

In calculating “average port hours,” the following shall apply: (a) Average port hours are the average hours worked in the port during the payroll year by those longshoremen registered in the port at the end of the payroll year, except that men who were paid for less than 100 hours shall be excluded. (b) Hours worked shall include work performed by longshoremen in any registration classification (longshore, clerk or foreman). (c) Hours worked by men outside of their port shall be excluded. “Port” shall be considered either the port, port district or general area in which men are assigned and have employment priority.

notes:

{E}

Section 7.12

Section 7.12
Additional vacation.
notes:
{E}

Section 7.121

One additional week vacation with pay if he shall have qualified for at least 2 weeks of basic vacation under Section 7.111, and if in each of any 8 of his past years of service he shall have qualified for at least a 1-week basic vacation. (See Sections 7.261 through 7.265.)

notes:

{E}

Section 7.1211

Any active employee registered before July 1, 1990, in ports other than Seattle, Portland, San Francisco and Los Angeles who does not qualify for the additional week of vacation under Section 7.121 shall receive the additional week if he shall have qualified for 2 weeks of basic vacation under Section 7.111 and shall have been available for employment for 10 years or more under the Agreement or its predecessors for employees bound thereby, and if he shall have qualified for at least a 1-week basic vacation in 5 of the previous 10 payroll years. (See Sections 7.261 through 7.265.)

notes:

{E}

Section 7.122

One additional week’s vacation with pay if he shall have qualified for at least 1 week of basic vacation under Section 7.111, and if in each of any 17 of his past years of service he shall have qualified for at least a 1-week basic vacation. (See Sections 7.261 through 7.265.)

notes:

{E}

Section 7.123

One additional week vacation with pay if he shall have qualified for at least 1 week of basic vacation under Section 7.111, and if in each of any 23 of his past years of service he shall have qualified for at least a 1-week basic vacation. (See Sections 7.261 through 7.265.)

notes:

{E}

Section 7.124

One additional week vacation with pay if he shall have qualified for at least 1 week of basic vacation under Section 7.111, and if in each of any 25 of his past years of service he shall have qualified for at least a 1-week basic vacation. (See Sections 7.261 through 7.265.)

notes:

{E}

Section 7.13

Each week’s vacation pay shall be 40 times the employee’s straight time hourly rate as set forth in Sections 4.13 and 7.1, or the employee’s appropriate skilled straight time rate.

notes:

{E}

Section 7.131

Section 7.131
A skilled rate applies when at least half of the qualifying hours are at a skilled rate(s).
notes:
{E}

Section 7.1311

The skilled rate payable shall be the highest skilled rate at which accumulated skilled hours equal onequarter of the qualifying hours for the basic 1-week or 2-week vacation.

notes:

{E}

Section 7.1312

When hours worked as a Walking Boss/ Foreman are insufficient to qualify for a vacation under the Walking Bosses & Foremen’s Agreement, such hours shall be considered as hours worked at the highest longshore skill rate under this Contract Document.

notes:

{E}

Section 7.2

Section 7.2
Qualifying hours and years.
notes:
{E}
Section 7.21

Section 7.21
Qualifying hours for vacation purposes shall include all hours for which pay is received, except vacation hours, paid holiday hours and Pay Guarantee Plan hours.
notes:
{E}

Section 7.22

Qualifying hours shall be limited to hours paid for by individual employers or parties to this Contract Document and to other hours as to which employers participating in the vacation plan in the port area make the required payments to the Association. Hours paid to any longshoreman in any port area covered by the Agreement, other than that in which he is registered on December 31, shall be added to paid hours in his home port, provided, however, that such longshoreman either shall have been granted authorization in the customary manner to visit other port areas or shall have been transferred on the registered list in accordance with the rules and with the consent of the Joint Port Labor Relations Committee.

notes:

{E}

Section 7.23

Registered longshoremen shall be credited with hours paid for as longshoremen, clerks, or other employment under collective bargaining contracts to which the Union and the Association are parties, but no worker shall receive 2 vacations in the same year, one under this Agreement and another under any other agreement.

notes:

{E}

Section 7.24

Section 7.24
Registered longshoremen shall be credited with hours at court as jurors, including waiting time under court order, as certified by the clerk of the court.
notes:
{E}

Section 7.25

Those employees who have worked during the payroll year but have insufficient qualifying hours for a vacation due to illness or injury, shall qualify for vacation based on hours worked during the 4 payroll quarters preceding the quarter in which the injury or illness occurred.

notes:

{E}

Section 7.26

Section 7.26
In computing years of service under Section 7.12:
notes:
{E}

Section 7.261

Continuous absence from employment because of industrial illness or injury arising out of employment under this Contract Document compensated for under a State or Federal Compensation Act shall be considered qualifying time.

notes:

{E}

Section 7.2611

Section 7.2611
Temporary absence from employment due to compensable temporary partial disability because of industrial illness or injury shall be considered qualifying time.
notes:
{E}

Section 7.262

Service in the Armed Forces of the United States or employment by the United States as a civilian in longshore operations in World War II and the Korean War that occurs after registration shall be considered qualifying time.

notes:

{E}

Section 7.263

Service as a full-time Union official or of a registered longshoreman employed as a joint employee of a Labor Relations Committee, Welfare Fund, Pension Fund, or other joint entity of the parties shall be considered qualifying time.

notes:

{E}

Section 7.264

Section 7.264
When any longshoreman is absent less than the full calendar year, he shall receive only proportionate credit for qualifying time.
notes:
{E}

Section 7.265

Any longshoreman whose combination of hours worked and hours of Pay Guarantee Plan payment total 800 hours or more in any payroll year shall have such counted as a qualifying year for years of service for vacation eligibility.

notes:

{E}

Section 7.27

Any employee who has been registered in both a small port and a large port during the period in which he claims to have satisfied the requirements of Section 7.121 for a third week of vacation must satisfy the requirements of Section 7.1211, but for such purposes he shall be given double credit for any year in which he worked at least 800 hours in a small port, and for each such year of double credit the 15-year spread shall be reduced by 1 year.

notes:

{E}

Section 7.28

Where a longshoreman has been paid for work in part of the year both by the Union or its longshore locals and by the Employers and the total amount thereof qualifies him for a vacation, his vacation shall be paid by the Employers and the Union on a pro rata basis.

notes:

{E}

Section 7.3

Section 7.3
Vacation procedure.
notes:
{E}

Section 7.31

The method and procedure for scheduling vacations shall be those which have been in effect since 1951. Vacation periods may be scheduled during any month(s) of the calendar year by the Joint Labor Relations Committee of each port, who will also schedule vacations on a full week by week basis when so requested by the man.

notes:

{E}

Section 7.32

Section 7.32
Each registered longshoreman entitled to a vacation shall take his vacation at the time scheduled.
notes:
{E}

Section 7.33

A registered longshoreman whose registration is cancelled after he shall have fulfilled all requirements for a vacation during the previous payroll year shall receive vacation pay at the time agreed to by the parties.

notes:

{E}

Section 7.34

Section 7.34
If a registered longshoreman dies after he has worked the required hours for a vacation, his vacation pay will be paid to his widow or beneficiary.
notes:
{E}

Section 7.35

If a registered longshoreman retires under the ILWU PMA Pension Plan after he has worked the required hours for a vacation, he shall receive his vacation pay at the time agreed to by the parties as set forth in Section 7.421.

notes:

{E}

Section 7.4

Section 7.4
Administration.
notes:
{E}

Section 7.41

The Pacific Maritime Association shall be the disbursing agent under this Agreement and shall make vacation checks available in the same manner as regular pay checks are made available in each port area. Vacation checks will be available for distribution in the first full payroll week of March of the calendar year in which vacations are paid. PMA and the Union will review and analyze the Vacation Claims Process for vacations paid during the January/February 2000 vacation payment cycle. Based on this review, expedited claims processes will be developed so that, in the following year (2001), vacations will be paid in the first full payroll week of February. A second distribution of vacation checks based on timely claims will occur in the first full payroll week of June.

notes:

{E}

Section 7.411

In addition to the regular distribution of vacation pay checks as set forth above in Section 7.41, there shall be 2 additional vacation pay distributions for vacation benefits earned in the current year for new retirees only. Such distributions shall occur in the first full payroll week in August and in the first full payroll week in December. These current year computations made in August and December shall be based on the prior year’s average port hours.

notes:

{E}

Section 7.42

Any public port or port commission may become a party to this vacation agreement by notifying the Union and the Association, prior to the first day of the calendar year in which the vacation is to be taken. Similarly, any or all of the Armed Services may become parties. In the event that one or more public ports or Armed Services becomes a party to the agreement, said port(s) or Service(s) shall be placed in the same status as an individual employer member of the Pacific Maritime Association for all the purposes of this Agreement.

notes:

{E}

Section 7.43

Section 7.43
Nonmember employers may participate in the vacation plan in accordance with the conditions thereon fixed by the Association.
notes:
{E}

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Attention

Section 7.1

Section 7.11

Section 7.111

Section 7.1111

Section 7.1112

Section 7.12

Section 7.121

Section 7.1211

Section 7.122

Section 7.123

Section 7.124

Section 7.13

Section 7.131

Section 7.1311

Section 7.1312

Section 7.2

Section 7.21

Section 7.22

Section 7.23

Section 7.24

Section 7.25

Section 7.26

Section 7.261

Section 7.2611

Section 7.262

Section 7.263

Section 7.264

Section 7.265

Section 7.27

Section 7.28

Section 7.3

Section 7.31

Section 7.32

Section 7.33

Section 7.34

Section 7.35

Section 7.4

Section 7.41

Section 7.411

Section 7.42

Section 7.43

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