Section 13

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Section 13

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Section 13.1

There shall be no discrimination in connection with any action subject to the terms of this Agreement (including at work sites, joint dispatch halls, training sites, and other locations, when reasonably related to employment covered by this Agreement) either in favor of or against any person because of membership or nonmembership in the Union, activity for or against the Union or absence thereof, race, creed, color, sex (including gender, pregnancy, sexual orientation), age (forty or over), national origin, religious or political beliefs, disability, protected family care or medical leave status, veteran status, political affiliation or marital status. Also prohibited by this policy is retaliation of any kind for filing or supporting a complaint of discrimination or harassment. (See ILWU-PMA Handbook - Special Section 13.2 Grievance Procedures and Guidelines For Remedies, CLRC Policy on ADA Compliance and Reasonable Accommodation and CLRC Agreement on USERRA).

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Section 13.2

All grievances and complaints alleging incidents of discrimination or harassment (including hostile work environment) in connection with any action subject to the terms of this Agreement based on race, creed, color, sex (including gender, pregnancy, sexual orientation), age (forty or over), national origin, or religious or political beliefs, or alleging retaliation of any kind for filing or supporting a complaint of such discrimination or harassment, shall be processed solely under the Special Grievance/Arbitration Procedures For The Resolution of Complaints Re Discrimination and Harassment Under The Pacific Coast Longshore & Clerk’s Agreement (See ILWU-PMA Handbook - Special Section 13.2 Grievance Procedures and Guidelines For Remedies, CLRC Policy on ADA Compliance and Reasonable Accommodation and CLRC Agreement on USERRA) with the exception of those types of grievances and complaints described in Section 13.3.

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Section 13.3

Grievances and complaints alleging that a contractual provision or rule is discriminatory as written or as applied, as well as discrimination claims seeking elevation, registration or selection for casual status, and discrimination claims based on disability, protected family care or medical leave status, veteran status, political affiliation, marital status, membership or non-membership in the Union, or activity for or against the Union or absence thereof, are not to be filed under the Special Section 13.2 Grievance Procedures, but instead are to be filed and processed with the Joint Port Labor Relations Committee (JPLRC) under the grievance procedures in Section 17.4 of the PCLCA. Likewise, requests for “reasonable accommodation” for disabilities recognized under state or federal law will not be processed under the Special Section 13.2 Grievance Procedures but instead must be brought to the local JPLRC pursuant to separate procedures established for such requests. (See ILWU-PMA Handbook - Special Section 13.2 Grievance Procedures and Guidelines For Remedies, CLRC Policy on ADA Compliance and Reasonable Accommodation and CLRC Agreement on USERRA).)

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{E}

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