| Article X. New Technology |
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ARTICLE X NEW TECHNOLOGY Section 1. Impact on Employees. Where new devices and new methods are utilized, it is recognized that these make the ILA more competitive and their employers more able to provide continued employment. Management also agrees that the impact on employees of any new technology shall be the basis for prior discussions with the ILA. It is agreed that all affected employees who held the positions which have become impacted and discontinued by technology will be afforded the opportunity for retraining at Management’s expense to acquire the necessary skills for employment in this industry. Employment positions within the ILA work jurisdiction resulting from technological changes will be offered to ILA employees affected by such changes to the extent that they are able to perform such work with reasonable training. Persons trained under such a program must accept jobs so offered. Section 2. Notification. Management shall discuss the impact of the new technology on the workforce with ILA representatives. An employer shall be required to notify in writing the ILA International President and representatives in the local port area of the employer’s intended introduction of new technology no later than one hundred eighty (180) days prior to the scheduled date of the employer’s implementation of the new technology. 16 Section 3. Grievance. On failure to reach agreement, the new technology shall not be placed in effect but held in abeyance for a maximum period of sixty (60) days after either side has filed a grievance provided the grievance is filed no later than the sixtieth (60th) day after the issuance by the employer of the notice to ILA representatives in the local port area. The grievance shall be heard and resolved by a three-person panel. The panel shall consist of one (1) person selected by the ILA, one (1) person selected by Management, and an arbitrator selected pursuant to the procedures set forth in Article XIII, Section 6 of this Master Contract. A grievance may be filed only as to the impact of new technology on the workforce including any workers who may be displaced. Section 4. Time Limits. The following time limits shall be applicable: (a) Filing of the grievance, and discussion thereafter for a maximum of twenty (20) days. (b) On failure to agree, an expedited arbitration will be held and a determination to be issued by the panel on or before the sixtieth (60th) day after the filing of the grievance. (c) The panel shall issue its decision within such 60-day period and the new technology may not be placed in effect by Management until after the panel’s decision which shall have only prospective effect. |