Thursday, June 20, 2013
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Section 20

  • PAY GUARANTEE PLAN, RULES, AND ADMINISTRATION

    PAY GUARANTEE PLAN, RULES, AND ADMINISTRATION
    This Pay Guarantee Plan continues and is an extension of the Pay Guarantee Plan provided in the Memorandum of Understanding of February 10, 1972, as amended through July 1, 1993.

    notes:
    {E}
  • Preamble

    Preamble
    The basic intention of the Pay Guarantee Plan (hereinafter PGP) is to provide a weekly income to eligible registered men.

    notes:
    {E}
  • Section 20.1

    Section 20.1
    For each year of the Agreement the Employers will have a contingent liability for the Pay Guarantee Plan for the following amounts: First year (7/1/08 to 6/30/09) ...................$24,960,000 Second year (7/1/09 to 6/30/10) ...................$20,020,000 Third year (7/1/10 to 6/30/11) ...................$20,020,000 Fourth year (7/1/11 to 6/30/12) ...................$24,960,000 Fifth Year (7/1/12 to 6/30/13) ...................$20,020,000 Sixth Year (7/1/13 to 6/30/14) ...................$20,020,000

    notes:
    {E}
  • Section 20.11

    Section 20.11
    In the first year $6,240,000 will be made available each quarter; in the second year $5,005,000 will be made available in each quarter; in the third year $5,005,000 will be made available each quarter; in the fourth year $6,240,000 will be made available each quarter, in the fifth year $5,005,000 will be made available in each quarter; in the sixth year $5,005,000 will be made available in each quarter.

    notes:
    {E}
  • Section 20.12

    Section 20.12
    One-thirteenth of each quarter’s amount will be contingent liabilities and will be available at the end of each payroll week to meet the Plan’s payout requirements for that week.

    notes:
    {E}
  • Section 20.13

    Section 20.13
    At the end of the first payroll week if the benefits that have been paid are less than the amount available for that week, the unused amount will be made available for the next payroll week(s) as provided in Section 20.3. Thereafter, the unused amount of the total available in any payroll week shall be made available for the following payroll week(s). This accumulating procedure shall continue over the full 156-week contract period.

    notes:
    {E}
  • Section 20.14

    Section 20.14
    The Employers will determine the method by which contributions for the contingent liability will be collected and made available.

    notes:
    {E}
  • Section 20.2

    Section 20.2
    Benefits. Effective with the beginning of the third payroll quarter of 1987, PGP benefits for Class A employees shall be a maximum of 38 hours pay each week; PGP benefits for Class B employees who have 5 or more vacation qualifying years as of the preceding April 1 shall be a maximum of 38 hours pay each week; PGP benefits for Class B employees with less than 5 vacation qualifying years as of the preceding April 1 shall be a maximum of 28 hours pay each week. The hourly rate of PGP pay shall be the employee’s appropriate straight time rate of pay as provided under Section 4.13. (PGP will reflect any increases in the basic longshore rates, Memorandum of Understanding dated November 23, 2003)

    notes:
    {E}
  • Section 20.21

    Section 20.21
    An exception to the benefits provided in Section 20.2 above shall be that new registrants after July 1, 1984 shall not be entitled to PGP benefits until completion of 1 year of registration.

    notes:
    {E}
  • Section 20.22

    Section 20.22
    The benefits payable each week shall be the difference between a man’s earnings for the 4-week period ending with the current week and PGP benefits for those 4 weeks.

    notes:
    {E}
  • Section 20.221

    Section 20.221
    Earnings are defined as all earnings and/or compensation received during the payroll week or period in cluding such payments as straight time, overtime, skill pay, penalty cargo pay, travel time pay, pay for vacations and paid holidays, jury duty pay, State unemployment benefits and PGP payments.

    notes:
    {E}
  • Section 20.2211

    Section 20.2211
    Compensation shall include all payroll adjustments including monetary claims paid as a result of LRC or arbitration decisions. Payroll adjustments shall be included as part of the individual’s earnings for the payroll week in which such payments are made.

    notes:
    {E}
  • Section 20.2212

    Section 20.2212
    Compensation shall also include the amount of ILWU-PMA Pension Plan benefits and any other retirement benefits to which a man is entitled on the first day of the month if coincident with a man’s 65th birthday, or on the first day of the month subsequent to a man’s 65th birthday, whichever is applicable, and the amount of Social Security benefits regardless of age.

    notes:
    {E}
  • Section 20.222

    Section 20.222
    If an individual’s earnings in any week of the 4-week period were less than the benefit amount and he was ineligible for an appropriate PGP benefit that week, the calculation for the 4-week period will be made as if his earnings for that week were equal to the appropriate PGP weekly benefit.

    notes:
    {E}
  • Section 20.223

    Section 20.223
    If an individual’s earnings as a longshoreman are less than the State unemployment compensation benefit for a given week and evidence is not submitted showing that the individual has applied for unemployment compensation together with the amount of entitlement, the earnings record for that week will be increased by the difference between actual earnings in the given week and the weekly guarantee maximum limit.

    notes:
    {E}
  • Section 20.2231

    Section 20.2231
    An employee shall not be eligible for PGP in any week for which: (a) he has non-longshore work-related earnings from an outside source not covered by this Agreement, which requires his attendance during any part of the day shift or night shift on any day of the week from Monday through Friday; or (b) he has received any weekly indemnity benefits for an off-the-job disability from either the State of California or the ILWU-PMA Benefit Funds; temporary total or temporary partial State workers’ compensation, or temporary total or temporary partial Longshore & Harbor Workers’ Compensation; or (c) he has failed to establish entitlement for a State Unemployment Compensation benefit, if such failure is due to employment not covered by this Agreement.

    notes:
    {E}
  • Section 20.22311

    Section 20.22311
    Employees must give full Social Security authorization and appropriate State authorization to PMA as Trustee of the PGP Fund for the purpose of verifying eligibility in accordance with the standards established by Section 20.2231. All documents necessary to obtain full Social Security and other State and Federal benefit program information to establish eligibility for PGP must be executed by the employee when requested by either party at the local level with immediate notice of such request to be given to the other party. When requested, evidence of all outside earnings shall be submitted to the Joint LRC. When a charge is made that any employee has violated Sections 20.2231 or 20.22311, such charge shall be subject to resolution under the grievance machinery.

    notes:
    {E}
  • Section 20.22312

    Section 20.22312
    Any employee who receives PGP in violation of Section 20.2231 shall be disqualified from receiving PGP for the life of this contract, or 12 months, whichever is longer.

    notes:
    {E}
  • Section 20.22313

    Section 20.22313
    Any claim that denial of PGP eligibility under these provisions is improper, shall be heard by the Joint LRC immediately and they shall have the authority to effect reinstatement and/or reimbursement.

    notes:
    {E}
  • Section 20.2232

    Section 20.2232
    Evidence of application for unemployment compensation benefits to be considered timely must be in the hands of PMA no later than the second Tuesday following the Friday payday on which PMA issues notification of eligibility for unemployment compensation so that the unemployment compensation benefit can be applied to the correct payroll week. If the evidence of application is not in the hands of PMA by the second Tuesday then the difference between the man’s actual earnings and the guarantee maximum benefit will be added to the man’s earnings for the applicable payroll week.

    notes:
    {E}
  • Section 20.3

    Section 20.3
    Payment Procedures.

    notes:
    {E}
  • Section 20.31

    Section 20.31
    PGP payments will be made to eligible men weekly on the payday of the second week following the week for which a benefit is payable. Men will be eligible for benefits if they are on the PGP eligibility list, meet the weekly availability requirement and have 4-week earnings less than the appropriate 4-week benefit amount.

    notes:
    {E}
  • Section 20.311

    Section 20.311
    At the close of each payroll week the dispatch hall shall furnish PMA the joint records of all men available but not dispatched, and those who flopped, for each day of the payroll week. A combination of days of “work” and “availability” in the joint dispatch hall shall be used to calculate PGP eligibility.

    notes:
    {E}
  • Section 20.32

    Section 20.32
    Total PGP payments for any week may not exceed the weekly contingent liability for that week plus the unused amount from the prior week(s) as provided in Section 20.13.

    notes:
    {E}
  • Section 20.321

    Section 20.321
    If in any payroll week the total payments due do not exceed the current weekly contingent liability plus any unused amount from prior weeks, payment in full will be made.

    notes:
    {E}
  • Section 20.322

    Section 20.322
    If in any payroll week the total payments due are in excess of the current weekly contingent liability plus any unused amount from prior weeks, an across-the-board percentage reduction will be made to reduce the week’s payments to an amount equal to the current weekly contingent liability plus any unused amount from prior weeks.

    notes:
    {E}
  • Section 20.323

    Section 20.323
    Twelve successive 13-week periods shall be determined commencing July 3, 1999. If, at the end of each 13-week period, there is an unused amount resulting from the accumulating procedure of Section 20.13 and if weekly PGP payments were reduced during such period as provided in Section 20.322, the following PGP benefit adjustment procedure shall then apply:

    notes:
    {E}
  • Section 20.3231

    Section 20.3231
    A lump sum “make whole” payment shall be made to any registered man who, during the 13-week period, had his weekly PGP benefit reduced under the provisions of Section 20.322 above. Such lump sum payments in the aggregate shall not exceed the unused amount resulting from the accumulating procedure of Section 20.13.

    notes:
    {E}
  • Section 20.32311

    Section 20.32311
    Except as provided in Section 20.32312 below, the lump sum “make whole” payment to a man shall be the difference between his PGP payments for the 13-week period and the amount he would have been entitled to had there been no reduction under Section 20.322 above.

    notes:
    {E}
  • Section 20.32312

    Section 20.32312
    If the total “make whole” payments exceeds the total unused amount available, the “make whole” payments will be reduced by an across-the-board percentage reduction so that the total PGP payments will not exceed the unused amount available.

    notes:
    {E}
  • Section 20.324

    Section 20.324
    If, at the end of each 52-week period (week numbers 52, 104 and 156), there is an unused amount resulting from the accumulating procedure of Section 20.13 and if weekly PGP payments were reduced during such 52-week period and have not been previously “made whole” under the benefit adjustment procedure of Section 20.323, then the benefit adjustment procedure of Section 20.323 shall apply to such 52-week period.

    notes:
    {E}
  • Section 20.325

    Section 20.325
    If, at the end of the third 52-week period (week number 156) and after the benefit adjustment procedure of Section 20.324, there is an unused amount resulting from the accumulating procedure of 20.13 and if weekly PGP payments were reduced during the first 52-week period and/or the second 52-week period and have not been previously “made whole” under the benefit adjustment procedure of Section 20.323, then the benefit adjustment procedure of Section 20.323 shall apply to the first 52-week period and/or the second 52-week period.

    notes:
    {E}
  • Section 20.33

    Section 20.33
    PMA shall furnish to the local union a list of men showing their hours worked, their earnings, their availability and the amount of PGP payments for which a man is eligible before the adjustment, if any, the amount of the adjustment, and the net payment after the adjustment.

    notes:
    {E}
  • Section 20.331

    Section 20.331
    A claim of incorrect payment of PGP is to be submitted to a designated person in each local. To be considered timely, such claim must be in the hands of PMA no later than 28 days after the payday on which the payment was made.

    notes:
    {E}
  • Section 20.4

    Section 20.4
    Eligibility. Only registered Class A and Class B men are eligible to participate in the PGP.

    notes:
    {E}
  • Section 20.41

    Section 20.41
    Men on the PGP eligibility list will be eligible for PGP benefits for any payroll week (8:00 a.m. Saturday to 8:00 a.m. Saturday) by establishing “availability” as defined in Section 20.531 for the 5 days Monday through Friday inclusive, except that in any week in which a paid holiday as defined in Section 5 is observed on Monday through Friday men shall be eligible for PGP benefits for that week by being available Monday through Friday less the day on which the paid holiday is observed.

    notes:
    {E}
  • Section 20.411

    Section 20.411
    For each full day of work by a man on a Saturday and/or Sunday the individual’s weekly availability requirement as defined in Section 20.41 shall be reduced by 1 day.

    notes:
    {E}
  • Section 20.42

    Section 20.42
    The PGP eligibility list shall include only those registered men (1) who meet the requirements of the 50% test provided below in Sections 20.421 through 20.4212, or (2) who in the preceding payroll year were paid at least a basic 1 week vacation (on the basis of required, qualifying hours under the terms of the 1981-1984 Agreement).

    notes:
    {E}
  • Section 20.421

    Section 20.421
    Eligibility shall include only those Class A or Class B registered men who work 50% or more of the average work hours available to Class A or Class B men, respectively, in their home port for the most recent available 4 payroll quarters preceding the current quarter. “Work hours” shall not include travel hours, outport hours, vacation hours, holiday hours, or PGP hours. Men with less than 100 work hours for the 4-quarter period and steady men will be excluded in the calculation of the average.

    notes:
    {E}
  • Section 20.4211

    Section 20.4211
    The PGP eligibility list will be prepared quarterly and will be effective for the period beginning with the second week of the current payroll quarter to the second week of the following payroll quarter.

    notes:
    {E}
  • Section 20.4212

    Section 20.4212
    Men who have insufficient hours to meet the 50% test due to vacation, jury duty, illness, injury, full-time Union employment, full-time joint employment, military service, leave of absence, etc. shall be entitled to a pro rata adjust ment on the basis of hours worked while not absent during the test period.

    notes:
    {E}
  • Section 20.43

    Section 20.43
    Men will be deleted from the PGP eligibility list while working on a steady basis for an employer under a weekly or monthly guarantee for which their employer is responsible. The individual employers of steady men shall notify the PMA area offices immediately when men are employed or released as steady men.

    notes:
    {E}
  • Section 20.431

    Section 20.431
    Men employed or released as steady men during a payroll week are not eligible for benefits under the PGP for such week.

    notes:
    {E}
  • Section 20.44

    Section 20.44
    Men dropped from the registration list for any reason shall be deleted from the PGP eligibility list.

    notes:
    {E}
  • Section 20.45

    Section 20.45
    Authorized visitors, granted clearance by the home port LRC and approved by the visited JPLRC to work as a visitor shall be included on the PGP eligibility list in the port they are visiting.

    notes:
    {E}
  • Section 20.46

    Section 20.46
    Unauthorized visitors, visiting and working in other than their home port without having obtained the clearance and approval of the LRC of both ports shall not be included on the PGP eligibility list of the port visited, but shall remain on the PGP eligibility list of the home port.

    notes:
    {E}
  • Section 20.47

    Section 20.47
    Men who are transferred to another port under the provisions of the Agreement will be placed on the PGP eligibility list in the port to which they are transferred effective at the beginning of the payroll week immediately following the effective date of the transfer.

    notes:
    {E}
  • Section 20.5

    Section 20.5
    Availability. It is recognized that the industry works 7 days per week and the Union agrees that employees will be available to fill the needs of the employers on all working shifts during the week, including Saturdays, Sundays and holidays in accordance with the Agreement. It is also recognized that some employees only make themselves available to work days, that some employees only make themselves available to work nights, and that some employees make themselves available to work either days or nights.

    notes:
    {E}
  • Section 20.51

    Section 20.51
    Port rules shall determine shift availability of gangs and men. Availability shall be any combination of day or night.

    notes:
    {E}
  • Section 20.52

    Section 20.52
    A failure by a local to provide the required registered work force on Saturday and/or Sunday shall be referred for correction to the Joint Port LRC. This matter shall take precedence over any other matter before the JPLRC. If the matter is not settled within 5 days from its introduction to theJPLRC the Area Arbitrator shall adjudicate the dispute by mediation/arbitration within 10 days. Arbitrators’ decisions shall be corrective and restricted to the local involved.

    notes:
    {E}
  • Section 20.53

    Section 20.53
    Failure to meet the weekly availability requirement shall disqualify the employee for PGP benefits for the week in which the failure occurs.

    notes:
    {E}
  • Section 20.531

    Section 20.531
    “Availability” is defined to mean working or being available for work without employment offered.

    notes:
    {E}
  • Section 20.532

    Section 20.532
    “Working” is defined to mean working a full shift, unless injured on the job or released earlier by the employer.

    notes:
    {E}
  • Section 20.5321

    Section 20.5321
    A man replacing himself prior to the completion of a full shift will not be considered as having been available that day for PGP purposes. Each such replacement shall be reported by the employer to PMA in the payroll week in which such replacement occurs.

    notes:
    {E}
  • Section 20.533

    Section 20.533
    Men checked in for work who refuse any work opportunity offered in their category (skilled, unskilled) will not be given availability credit. Exception: Dock preference men shall be exempt from work on ship.

    notes:
    {E}
  • Section 20.5331

    Section 20.5331
    In addition to Section 20.533 above, a Class A registered man will be deemed unavailable if he did not accept work when work was available to him and a Class B man or a casual was employed in his category (skilled or unskilled) on his assigned shift during the Monday-Friday period. A Class B registered man will be deemed unavailable if he did not accept work when work was available to him and a casual was employed on his assigned shift during the Monday-Friday period.

    notes:
    {E}
  • Section 20.5332

    Section 20.5332
    The reference to “category (skilled or unskilled)” in Sections 20.533 and 20.5331 means that a skilled man is required to accept only skilled work for which he is qualified unless Section 20.7241 is applicable. Unskilled men are required to accept any unskilled work.

    notes:
    {E}
  • Section 20.534

    Section 20.534
    Men who do not meet the weekly availability requirement because of absence due to illness, injury, full-time union employment, full-time joint employment, military service, leave of absence, disciplinary time off, incarceration or for any other reason other than jury duty whether it be authorized or unauthorized shall not be entitled to a PGP payment for the payroll week in which such absence occurs.

    notes:
    {E}
  • Section 20.535

    Section 20.535
    Men who are absent Monday through Friday because of part-time union employment or part-time joint employment shall have their hours, earnings and availability for such employment integrated with their hours, earnings and availability under the Agreement to determine eligibility for PGP benefits.

    notes:
    {E}
  • Section 20.536

    Section 20.536
    Individuals who are absent because of jury duty shall have their jury duty days Monday through Friday counted toward availability and shall not be subject to four-week averaging (Section 20.22) to determine PGP for the week or weeks while serving. Verification of jury duty service and pay shall be presented to PMA in order to receive this benefit.

    notes:
    {E}
  • Section 20.537

    Section 20.537
    Men working as unauthorized visitors in another port must meet the 5 days Monday through Friday availability requirement in the home port in order to qualify for PGP payments. Earnings paid to unauthorized visitors in the port visited shall be included in determining PGP payments in the home port.

    notes:
    {E}
  • Section 20.54

    Section 20.54
    Each dispatch hall shall record availability for its local in the manner and form determined by the JPLRC. The JPLRC form for this purpose is to be transmitted to PMA for each weekly payroll period.

    notes:
    {E}
  • Section 20.541

    Section 20.541
    Any dispute as to an individual’s availability shall be promptly processed through the contract grievance machinery.

    notes:
    {E}
  • Section 20.55

    Section 20.55
    Availability credit during a payroll week will be given for each day on the following basis provided that no more than a single day’s credit shall accrue in a 24-hour period 8:00 a.m. to 8:00 a.m.:

    notes:
    {E}
  • Section 20.551

    Section 20.551
    For each day or night Saturday to Saturday that a man has worked.

    notes:
    {E}
  • Section 20.552

    Section 20.552
    For each day or night Monday through Friday that a man makes himself available for work in accordance with JPLRC check-in procedures.

    notes:
    {E}
  • Section 20.6

    Section 20.6
    Work Stoppages.

    notes:
    {E}
  • Section 20.61

    Section 20.61
    A work stoppage by any local(s) in violation of Section 11.1 as defined herein shall disqualify all registered men in the port(s) affected from payment under the PGP in the payroll week(s) that the violation occurs.

    notes:
    {E}
  • Section 20.611

    Section 20.611
    A work stoppage is here defined as one which occurs by reason of Union policy, local or International, or by failure to work as directed by an Arbitrator.

    notes:
    {E}
  • Section 20.612

    Section 20.612
    An unauthorized stop-work meeting in violation of Section 12.3 is considered to be a work stoppage by any local in violation of Section 11.1.

    notes:
    {E}
  • Section 20.613

    Section 20.613
    An unauthorized stop-work meeting in violation of Section 12.3 is considered to be a work stoppage by any local in violation of Section 11.1.

    notes:
    {E}
  • Section 20.614

    Section 20.614
    Action to disqualify registered men in the port from payment of PGP under Section 20.61 can be taken by the Employers only upon written notification to the local(s) involved within 48 hours following the work stoppage. If the Union grieves such action, it has the right to have the grievance heard by the Area Arbitrator within 48 hours of receipt of notification. The Arbitrator’s decision shall be rendered within 24 hours of the hearing.

    notes:
    {E}
  • Section 20.62

    Section 20.62
    In each week a coastwise work stoppage occurs, the Employers’ obligation will be reduced by the amount of the weekly contingent liability.

    notes:
    {E}
  • Section 20.63

    Section 20.63
    In the event that unions other than those signatory to this Agreement have work stoppages or there occurs an Act of God (described herein as a “force majeure”) that creates a need to provide PGP payments in a port, area or on a coastwise basis for a period extending beyond 1 payroll week, PGP payments will be suspended in the port, area or coastwise as applicable until work can be resumed. There shall be no reduction in the Employers’ liability for the PGP as a result of such incident.

    notes:
    {E}
  • Section 20.631

    Section 20.631
    The 1 payroll week, for which PGP payments may be made as provided herein, shall stand alone and there fore shall not be included in any 4-week period as provided in Section 20.22.

    notes:
    {E}
  • Section 20.632

    Section 20.632
    Upon the occurrence of an event that creates a need to make PGP payments as provided herein, the Joint Coast Labor Relations Committee shall promptly meet to review conditions in the port(s) affected to discuss what relief the parties may agree can be provided for the longshoremen in those ports.

    notes:
    {E}
  • Section 20.7

    Section 20.7
    Abuses.

    notes:
    {E}
  • Section 20.71

    Section 20.71
    The parties agree it is to their mutual best interest to prevent abuses of the intent and purpose of the Pay Guarantee Plan. Recognizing this as their objective, the parties agree that the Rules contained herein are subject to change, modification, deletion or addition for such purpose.

    notes:
    {E}
  • Section 20.72

    Section 20.72
    To correct abuses in a local, the registered work force may be dispatched under one or more of the following rules, or other rules agreed to by the JPLRC. Such rules must be observed after implementation to avoid unwarranted PGP payments.

    notes:
    {E}
  • Section 20.721

    Section 20.721
    Obsolete boards are to be discontinued.

    notes:
    {E}
  • Section 20.722

    Section 20.722
    The number of men in a local to be assigned to the day shift versus the night shift shall be jointly decided.

    notes:
    {E}
  • Section 20.723

    Section 20.723
    The number of identified regular gangs in a local (day/night) shall be jointly decided, not to exceed presently agreed numbers.

    notes:
    {E}
  • Section 20.724

    Section 20.724
    Available men must accept any work for which they are qualified and gang members, when their gang(s) are not working, shall be required to accept work for which they are qualified in accordance with Sections 20.533, 20.5331 and 20.5332 in order to meet the availability requirements for PGP.

    notes:
    {E}
  • Section 20.7241

    Section 20.7241
    Skilled men will not be required to accept a dispatch to unskilled work except in those locals where it is an accepted dispatching practice.

    notes:
    {E}
  • Section 20.7242

    Section 20.7242
    All orders placed by the Employer after dispatch has begun shall not disqualify an employee for PGP availability.

    notes:
    {E}
  • Section 20.73

    Section 20.73
    Disagreement over implementation of any rule to correct abuses or failure by a JPLRC to agree on any other alleged abuses within 10 days shall be subject to prompt and final determination by the Area Arbitrator. An Area Arbitrator’s decision shall be restricted to the local involved

    notes:
    {E}
  • Section 20.8

    Section 20.8
    General Provisions.

    notes:
    {E}
  • Section 20.81

    Section 20.81
    Travel. Historically, travel between ports has been an accepted and essential part of the Agreement. It is the workers’ obligation to travel to work where such travel is customary or feasible.

    notes:
    {E}
  • Section 20.811

    Section 20.811
    Travel between ports shall continue in accordance with customary dispatch procedures and travel practices.

    notes:
    {E}
  • Section 20.8111

    Section 20.8111
    Each JPLRC shall develop a list of “travel exempt” men who are not required to accept a dispatch to travel. Such list shall include only those men who have valid or legitimate reasons for refusing to travel, such as but not limited to physical or medical limitations.

    notes:
    {E}
  • Section 20.8112

    Section 20.8112
    Men not on the “travel exempt” list who refuse to accept travel orders on any day upon which they are available shall not be entitled to a guarantee payment for the payroll week of such occurrence.

    notes:
    {E}
  • Section 20.8113

    Section 20.8113
    The availability record maintained by the dispatch hall shall indicate such refusal to travel.

    notes:
    {E}
  • Section 20.812

    Section 20.812
    Travel time and earnings paid for work in the port to which traveled shall be included in an individual’s earnings record.

    notes:
    {E}
  • Section 20.82

    Section 20.82
    Dispatch Procedures.

    notes:
    {E}
  • Section 20.821

    Section 20.821
    Dispatch of Longshoremen as Clerks. If the registered work force of clerks in any local is exhausted on any dispatch, available registered longshoremen, Class A or Class B, shall be offered the work before casual clerks are employed. Failure of a registered longshoreman to accept such dispatch during the Monday through Friday availability period shall make him ineligible for PGP benefits for that payroll week.

    notes:
    {E}
  • Section 20.8211

    Section 20.8211
    Whenever a registered longshoreman refuses to accept a dispatch to clerks’ work during dispatch periods, a report of such incident must be made by the dispatcher on the JPLRC availability form.

    notes:
    {E}
  • Section 20.8212

    Section 20.8212
    Registered longshoremen dispatched to clerks’ work who are determined by an employer to be unqualified shall be placed on a list of longshoremen unqualified for clerks’ work by the longshore JPLRC. Such men are not required to accept dispatch as a clerk but shall, however, be entitled to use the grievance machinery under the Clerks’ Contract Document to claim reinstatement of eligibility for clerks’ work.

    notes:
    {E}
  • Section 20.82121

    Section 20.82121
    The Employer shall have the right to have any grievance against a longshoreman working as a clerk processed by the Joint Clerks’ LRC with that Committee having the authority to invoke disciplinary action consistent with the Agreement. The decision of the Joint Clerks’ LRC is to be recognized and enforced by all Joint Labor Relations Committees.

    notes:
    {E}
  • Section 20.822

    Section 20.822
    Dispatch in “Low Work Opportunity Port” Situation. When a “Low Work Opportunity Port” situation occurs for Class B men they shall be dispatched by rotation on a 1-day basis. In a similar situation the same rule shall apply to hall Class A men in the port. (See Supplement III.)

    notes:
    {E}
  • Section 20.83

    Section 20.83
    Registered Men Employed by Nonmembers of PMA.

    notes:
    {E}
  • Section 20.831

    Section 20.831
    Hours and earnings of registered men employed on a steady or casual basis by an employer who is signatory to a Nonmember Participation Agreement shall be included in the calculation of a man’s eligibility and earnings.

    notes:
    {E}
  • Section 20.84

    Section 20.84
    Payroll Processing. All payrolls for registered men including any former direct payments made by member companies and payrolls of nonmember companies participating in the PGP shall be processed through the PMA Management Information Services.

    notes:
    {E}
  • Section 20.85

    Section 20.85
    Vacations. No employee shall be eligible for PGP payments for more than 52 payroll weeks per payroll year minus the number of weeks of vacation for which he is paid in that year.

    notes:
    {E}
  • Section 20.851

    Section 20.851
    Vacation weeks to which a man is entitled for PGP purposes shall be taken in 5-day units of Monday through Friday.

    notes:
    {E}
  • Section 20.852

    Section 20.852
    The JPLRC availability record maintained in the dispatch hall shall indicate when a man is on vacation.

    notes:
    {E}
  • Section 20.853

    Section 20.853
    Men shall not be entitled to a PGP payment for any payroll week while on vacation.

    notes:
    {E}
  • Section 20.8531

    Section 20.8531
    When a man is on vacation, the appropriate maximum weekly PGP benefit shall be charged to his weekly guarantee record for each week of paid vacation taken.

    notes:
    {E}
  • Section 20.8532

    Section 20.8532
    If at the end of the payroll year the payroll records indicate that a man has not taken the number of weeks of vacation for which he was paid, the appropriate maximum weekly PGP benefit shall be charged to his guarantee record for the number of weeks of vacation not taken, beginning with the first payroll week following the end of the payroll year.

    notes:
    {E}
  • Section 20.86

    Section 20.86
    Fringe Benefit Eligibility.

    notes:
    {E}
  • Section 20.861

    Section 20.861
    PGP payments for which a man is eligible, prior to any reduction or offset for unemployment insurance or jury duty pay, shall be credited when required to establish eligibility for Welfare Plan coverage, a qualifying year under the Pension Plan and a qualifying year of past service for additional vacation under Section 7.12.

    notes:
    {E}
  • Section 20.8611

    Section 20.8611
    The number of hours to be credited under Section 20.861 will be calculated by dividing the amount of the PGP by the appropriate longshore straight time rate.

    notes:
    {E}
  • Section 20.862

    Section 20.862
    PGP payments shall not be credited for the purpose of establishing eligibility for the basic vacation under Section 7.11.

    notes:
    {E}
  • Section 20.87

    Section 20.87
    Survey Team. A 4-man PGP Survey Team with 2 representatives each from the Employers and the Union shall be established. The Team shall visit each area and review the administration of the PGP. The Team shall make recommendations to the parties in the various ports and to the Coast Committee. The principal purpose of the Team shall be to promote efficient and uniform administration of the PGP and its rules.

    notes:
    {E}
  • Section 20.88

    Section 20.88
    Grievances. Disputes arising over interpretation or application of PGP provisions and rules shall be subject to the contract grievance procedure.

    notes:
    {E}

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