| Article XIV. Accomodations |
|
|
|
ARTICLE XIV ACCOMMODATIONS Section 1. Existing Accommodations. Every accommodation in effect on September 30, 2004, shall continue in effect during the term of this Master Contract. The accommodations in effect as of October 1, 1996, are found in the Appendix attached to the Agreement on Master Contract Issues that was executed by the parties on November 21, 1996, and became effective as of October 1, 1996. The accommodations that went into effect after October 1, 1996, and remained in effect as of September 30, 2004, are found in the March 22, 2002 Memorandum To All 31 USMX Members from James A. Capo, Chairman/CEO of USMX Re: Master Contract Amendments and Accommodations. An additional accommodation pertaining to the Puerto Rican trade dated December 23, 2003, is attached hereto as Appendix F. Section 2. Future Accommodations. On and after the effective date of this Master Contract any further accommodation relating to containerization and ro-ro shall be placed in effect only if it is agreed to by the Co-Chairmen of the IAC and such action has been ratified by a meeting of the IAC first held immediately following the agreement between the Co-Chairmen. Each new accommodation must meet the following principles: (a) The accommodation must be one which is absolutely essential to the preservation of the existence of the ILA workforce in the port or district involved. (b) The accommodation does not impact any of the benefit funds unless the parties at the same time agree to a reduction of benefits. In no event may such regional accommodation prevent the port or MILA from making required contributions to MILA. (c) Such regional accommodation may be adopted by the port or district immediately adjacent to the port or district in which the accommodation has been made only upon the approval of the Co-Chairmen and the IAC. (d) Such accommodations shall be available to employers and carriers in other ports similarly situated only with the approval of the Co-Chairmen and the IAC. (e) In the event any new accommodation is placed into effect without following the procedure set forth in this document, then and in that event, the guilty party or parties shall be subject to the payment of liquidated damages which shall be determined by the IAC, or on failure to agree by the IAC, by an arbitrator acting pursuant to the terms of this Master Contract. (f) Any accommodations given by the ILA to any employer or carrier may be placed in effect by any employer or carrier similarly situated. 32 (g) The Co-Chairmen and the IAC shall have full power and jurisdiction to enforce and interpret the provisions of this Article XIV. |