| Article VII. ILA Jurisdiction Generally |
|
|
|
ARTICLE VII ILA JURISDICTION GENERALLY Section 1. Containerization Agreement. Management hereby reaffirms that employees covered by this Master Contract have jurisdiction over longshore, checker, maintenance, and other craft work conferred on such workers by the Containerization Agreement, a copy of which is appended to this Master Contract as Appendix A. Section 2. Rules On Containers. The Rules On Containers that were in effect on September 30, 2004, a copy of which is appended to this Master Contract as Appendix B, shall remain in effect during the term of this Master Contract. Section 3. Maine to Texas. The ILA’s Master Contract jurisdiction continues on a multi- port bargaining unit basis covering all ports from Maine to Texas at which ships of USMX carriers and subscribers may call. Section 4. Jurisdiction Committee. (a) Fact Finding. The Jurisdiction Committee will visit every 9 port that raises an issue concerning any violation of the Master Contract’s jurisdiction provisions. The Jurisdiction Committee will render a report within thirty (30) days of each visit. The Jurisdiction Committee can use an independent third party to perform fact-finding whenever the Committee agrees that such action is necessary. (b) Labor Adjustor System. After October 1, 2004, Management and the ILA will set up a labor adjustor system to hear and resolve Master Contract jurisdictional disputes within thirty (30) days of the dispute being presented. Part of this system will permit the labor adjustors, on an as-needed basis, to use an independent third party to perform fact-finding whenever the labor adjustors agree that such action is necessary. Section 5. Supervision and Management. The ILA work described in the jurisdiction provisions of this Master Contract is to be performed by ILA-represented workers on the waterfront facility and not by supervision or other non-bargaining unit employees. Section 6. Reefer Containers. Except where other unions now have jurisdiction, the work of plugging and unplugging reefer containers aboard vessels is not to be performed by other outside persons, such as ship’s crew, provided that agreement can be reached regarding minimal manning and agreed hours of the ILA labor. Section 7. Port Authorities. USMX and the ILA agree to the creation of a joint committee for the purpose of meeting with representatives of port authorities on issues of jurisdiction in accordance with the letter dated August 29, 1996, from Management’s Chairman to the ILA’s President, a copy of which is appended to this Master Contract as Appendix C. Section 8. Marine Terminal Work. It is recognized that the marine terminal work of the ILA crafts has traditionally been performed on pier and waterfront facilities. When such marine terminal work is moved off the marine terminal by the terminal operator or by a signatory carrier to facilities in the 10 port area, the ILA shall retain its work jurisdiction where the work is the work that would have been performed in the marine terminal or port area. Section 9. Work Opportunities. The parties agree that any chance of reacquiring the work of stuffing and stripping containers requires a dedicated work force of trained, productive workers hired at compensation commensurate with the local competition and without any restrictive rules. The parties should examine into this subject and all of its conditions. Section 10. Space Charters. The ILA has the same jurisdiction over a signatory space chartered vessel as it has over any vessel operated by a USMX member or by a signatory to this Master Contract. Vessels and containers owned or leased by USMX members or by signatories to this Master Contract shall be subject to ILA jurisdiction in each and every port where their vessels may call from Maine to Texas not only on signatory ships but also on non-signatory ships on which their containers may be carried. Containers of non-signatory carriers carried on signatory ships also shall be subject to ILA jurisdiction. |