Section 11

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Section 11

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Section 11.1

Section 11.1
There shall be no strike, lockout or work stoppage for the life of this Agreement.
notes:
{E}
Section 11.2

Section 11.2
The Union or the Employers, as the case may be, shall be required to secure observance of this Agreement.
notes:
{E}
Section 11.3

Section 11.3
How work shall be carried on.
notes:
{E}

Section 11.31

In the event grievances or disputes arise on the job, all men and gangs shall continue to work as directed by the employer in accordance with the specific provisions of the Agreement or if the matter is not covered by the Agreement, work shall be continued as directed by the employer.

notes:

{E}

Section 11.4

Section 11.4
Exceptions and Procedures for Health and Safety and Onerous Workload.
notes:
{E}

Section 11.41

Health and safety exception. Longshoremen shall not be required to work when in good faith they believe that to do so is to immediately endanger health and safety. 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. The employer shall have the option of having the men who raise a question of health and safety stand by until a decision is reached or “working around” the situation until it can be resolved, and no further work shall be performed on that disputed operation until the health and safety issue is resolved.

notes:

{E}

Section 11.42

Onerous workload exception. Longshoremen on cargo handling operations shall not be required to work when in good faith they believe that to do so will result in an onerous workload. The Union pledges in good faith that the onerous workload claim will not be used as a gimmick. The employer shall have the option of having the men claiming onerousness stand by until a decision is reached or “working around” the situation until it can be resolved.

notes:

{E}

Section 11.421

When a man is directed to take his own relief without a man being assigned to relieve him, this does not automatically present a question of onerousness of work or individual speedup for the men remaining on the job, regardless of the basic gang structure involved. A change in operations or manning to remove unnecessary men, or the handling of larger loads does not, in and of itself, automatically present any question of onerousness of work or individual speedup.

notes:

{E}

Section 11.422

The procedure provided in Section 11.42 shall not apply on operations where the Association and the Union have agreed to changed operations or reduced manning under Sections 10.3 and 10.5. If claims of onerousness are presented in such cases, they shall be referred to the Joint Coast Labor Relations Committee.

notes:

{E}

Section 11.4221

The foregoing Section 11.422 is intended to mean that agreements reached on changed operations or reduced manning in accordance with the Contract procedures shall not be challenged as being onerous operations if no further change has been made following such agreement. In other words, claims of onerousness shall not be used to challenge agreed manning if the operation is unchanged in all respects. Any such challenges shall be referred to the Joint Coast Labor Relations Committee.

notes:

{E}

Section 11.43

Section 11.43
General Procedures for Health and Safety and Onerous Disputes.
notes:
{E}

Section 11.431

The men must ask their steward to bring the question of health, safety or onerousness to the attention of the foreman or walking boss in immediate charge of the operation. The steward and his immediate superior (gang boss, hatch boss, etc.) are the only individuals who shall present the situation to the foreman or walking boss.

notes:

{E}

Section 11.432

If agreement cannot be reached in Section 11.431 the Business Agent shall be called. (The walking boss, gang boss or hatch boss and the Business Agent or steward, who are responsible and safety-minded individuals should be able to determine whether a condition is safe or unsafe.)

notes:

{E}

Section 11.433

Section 11.433
If agreement cannot be reached in Section 11.432, an immediate Joint Port Labor Relations Committee meeting shall be called on the job.
notes:
{E}
Section 11.434

Section 11.434
If agreement cannot be reached in Section 11.433, the Area Arbitrator shall be called to the job for an immediate ruling.
notes:
{E}
Section 11.44

Section 11.44
Health and Safety Procedure.
notes:
{E}

Section 11.441

The Area Arbitrator shall make an immediate ruling as to how work shall proceed. After the work proceeds the Arbitrator shall make a further ruling that a bona fide health or safety issue did or did not exist.

notes:

{E}

Section 11.442

Where the Arbitrator decides or where agreement is reached in any one of the steps under Section 11.43 that the employers were correct, the men shall not be paid for standby time, if involved.

notes:

{E}

Section 11.443

Where the Arbitrator decides or where agreement is reached in any one of the steps under Section 11.43 that the men were correct, the men shall be paid for standby time, if involved.

notes:

{E}

Section 11.444

If the Arbitrator decides or it is agreed at any step under Section 11.43 that an unsafe condition exists which can be corrected, the men shall work as directed to correct such condition.

notes:

{E}

Section 11.445

If it is determined at any step under Section 11.43 that the condition claimed to be unsafe is in fact safe, the men shall resume work as directed and failure to resume work as directed shall be cause to remove the men from the payroll as of the time of standby.

notes:

{E}

Section 11.446

If during a period of standby on an issue of health and safety any man leaves his place of work except upon instructions of the walking boss, he shall be removed from the payroll as of the time of standby regardless of how the issue is settled. Any man who so leaves without obtaining his own replacement shall be automatically subject to appropriate penalties under the grievance machinery.

notes:

{E}

Section 11.45

Section 11.45
Onerous Work Load Procedure.
notes:
{E}
Section 11.451

Section 11.451
The Area Arbitrator shall make an immediate ruling as to whether the original direction of the employer did or did not impose an onerous workload.
notes:
{E}

Section 11.452

After the employer has directed the men as to how work shall proceed on the basis of the Arbitrator’s ruling and the work proceeds in accordance with the direction of the employer, the Arbitrator shall make a further ruling that a bona fide question of onerousness of the workload did or did not exist.

notes:

{E}

Section 11.453

Where the Arbitrator decides or where agreement is reached in any one of the steps under Section 11.43 that to work in accordance with the employer’s original direction did not impose an onerous workload and the employer exercised his option to have the men claiming onerousness stand by until a decision is reached, the men shall not be paid for standby time and may be required to work beyond the time the shift otherwise would end to make up the time the men stood by.

notes:

{E}

Section 11.4531

Such makeup time shall not exceed 2 hours, and the work will be performed at the rate applicable. The first 8 hours of time paid for, including “makeup” time on the standard first and second shift and the first 5 hours of time paid for, including “makeup” time on the third shift shall be paid at the appropriate shift rates. If work goes beyond the standard shifts as set forth in Section 2.4 in order to complete as much as possible of a regular or extended shift, such work shall be paid at the appropriate shift overtime rate. When “makeup” time is worked, and the work goes beyond 5 hours without a meal period, the employees involved shall have the option of going to a meal on their own time and returning to complete the “makeup” time, or of finishing the “makeup” time without going to a meal.

notes:

{E}

Section 11.454

Where the Arbitrator decides or where agreement is reached in any one of the steps under Section 11.43 that the original direction of the employer as to how work should proceed did impose an onerous workload and the employer exercised his option to have the men stand by until a decision is reached, the men shall be paid for standby time.

notes:

{E}

Section 11.455

If the Arbitrator decides or it is agreed at any one of the steps under Section 11.43 that the original direction of the employer does not impose an onerous workload and if the men are directed to resume work as originally directed, any failure to resume work as directed shall be the cause to remove the men from the payroll as of the time the men were directed by the employer to stand by if the employer had not directed them to “work around” the situation, or as of the time the men fail to resume work as directed.

notes:

{E}

Section 11.456

If during a period of standby on an onerous issue any man leaves his place of work except upon instructions of the walking boss, he shall be removed from the payroll as of the time of standby regardless of how the issue is settled. Any man who so leaves without obtaining his own replacement shall be automatically subject to appropriate penalties under the grievance machinery.

notes:

{E}

Section 11.46

Section 11.46
Application of Contract Grievance Machinery.
notes:
{E}

Section 11.461

The grievance machinery, pending investigation and adjudication of on the job disputes, requires that work shall be performed in accordance with specific provisions of the Agreement, or if the matter is not covered by the Agreement, work shall be continued as directed by the employer. Exceptions to this arise only where longshoremen in good faith believe that to do so is to immediately endanger health and safety or in good faith believe that to do so imposes an onerous workload.

notes:

{E}

Section 11.462

The preceding procedures apply specifically to issues initially presented as being a dispute under health or safety or a dispute as to onerousness. On all other issues, the authority of the walking boss or foreman to remove men from the payroll for cause is not disturbed.

notes:

{E}

Section 11.463

Should the Arbitrator rule that the issue of health or safety or onerousness was raised as a gimmick, the Employers may process the matter through the grievance procedure for appropriate penalties.

notes:

{E}

Section 11.464

The contract machinery is the same in all disputes. The preceding procedures covering disputes on health and safety and onerousness are not intended to modify the basic grievance machinery structure.

notes:

{E}

Section 11.5

Section 11.5
Picket Lines. (See Addenda, Picket Line Language.)
notes:
{E}

Section 11.51

Refusal to cross a legitimate and bona fide picket line, as defined in this paragraph, shall not be deemed a violation of this Agreement. Such a picket line is one established and maintained by a union, acting independently of the ILWU longshore locals, about the premises of an employer with whom it is engaged in a bona fide dispute over wages, hours or working conditions of employees, a majority of whom it represents as the collective bargaining agency. Collusive picket lines, jurisdictional picket lines, hot cargo picket lines, secondary boycott picket lines and demonstration picket lines are not legitimate and bona fide picket lines within the meaning of this Agreement.

notes:

{E}

Section 11.52

If an ILWU longshore local located within the confines of the United States whose members are not covered by this Agreement is engaged in a legitimate, bona fide, nonjurisdictional and noncollusive strike concerning wages, hours or working conditions of its members, no longshoreman under this Agreement shall be required to perform work hereunder respecting cargo that normally, without such strike, would be handled by members of such ILWU longshore local but which has been handled or is destined to be handled by other workers engaged in strikebreaking activities under established and legitimate trade union principles.

notes:

{E}

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Section 11.1

Section 11.2

Section 11.3

Section 11.31

Section 11.4

Section 11.41

Section 11.42

Section 11.421

Section 11.422

Section 11.4221

Section 11.43

Section 11.431

Section 11.432

Section 11.433

Section 11.434

Section 11.44

Section 11.441

Section 11.442

Section 11.443

Section 11.444

Section 11.445

Section 11.446

Section 11.45

Section 11.451

Section 11.452

Section 11.453

Section 11.4531

Section 11.454

Section 11.455

Section 11.456

Section 11.46

Section 11.461

Section 11.462

Section 11.463

Section 11.464

Section 11.5

Section 11.51

Section 11.52

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