Common use of PREFERENCE OF EMPLOYMENT Clause in Contracts

PREFERENCE OF EMPLOYMENT. The Union will do its utmost to furnish such Licensed Deck Officers as the Com- pany may request who have been employed aboard similar types of vessels. Further, the Union agrees to furnish the Company with such Licensed Deck Officers found to be capable, competent, and physically fit, when and where they are needed to fill vacancies in ample time to prevent any delay in the operations. To assure maximum harmonious relations, and in order to obtain such qualified Licensed Deck Officers with the least risk of a delay in the operational schedule of vessel(s), the Company agrees, subject to the terms and conditions set forth elsewhere herein, to secure marine personnel through Offices of the Offshore Division of the Union or such other office of the Union desig- nated by the Union Headquarters. If, for any reason, the Union does not furnish the Company with Licensed Deck Officers who are capable, competent and physically fit, when and where they are required, and of the ratings needed to fill such vacancies, in ample time to prevent any delay in operations, the Company may then obtain such required marine personnel from any available source, in which case the Organization shall be notified. (A) When a vacancy occurs for a Licensed Deck Officer on any inspected ocean- ographic research vessel of Xxxxxx-Xxxxxxx requiring Licensed Deck Officers, the Com- pany shall consider applicants from the Union along with those of deck officers currently employed by the Company, and other applicants, but the Company shall have the abso- lute right to select the individual whom the Company considers best qualified for the position. When two (2) or more applicants are found to be equally qualified in the opinion of the Company, the following order of preference shall be followed in offering the position: 1. Applicants who are current Company officers and Union members. 2. Applicants who are current Company officers, but not Union members. 3. Applicants who are Union members, but not currently officers of the Com- pany.

PREFERENCE OF EMPLOYMENT. The Union will do its utmost to furnish such Licensed Deck Officers as the Com- pany may request who have been employed aboard similar types of vessels. Further, the Union agrees to furnish the Company with such Licensed Deck Officers found to be capable, competent, and physically fit, when and where they are needed to fill vacancies in ample time to prevent any delay in the operations. To assure maximum harmonious relations, and in order to obtain such qualified Licensed Deck Officers with the least risk of a delay in the operational schedule of vessel(s), the Company agrees, subject to the terms and conditions set forth elsewhere herein, to secure marine personnel through Offices of the Offshore Division of the Union or such other office of the Union desig- nated by the Union Headquarters. If, for any reason, the Union does not furnish the Company with Licensed Deck Officers who are capable, competent and physically fit, when and where they are required, and of the ratings needed to fill such vacancies, in ample time to prevent any delay in operations, the Company may then obtain such required marine personnel from any available source, in which case the Organization shall be notified. (A) When a vacancy occurs for a Licensed Deck Officer Master or Relief Master on any inspected ocean- ographic oceanographic research vessel of Xxxxxx-Xxxxxxx requiring Licensed Deck Officers, the Com- pany Company shall consider applicants from the Union along with those of deck officers currently employed by the Company, and other applicants, but the Company shall have the abso- lute absolute right to select the individual whom the Company considers best qualified for the position. When two (2) or more applicants are found to be equally qualified in the opinion of the Company, the following order of preference shall be followed in offering the positionposi- tion: 1. Applicants who are current Company officers and Union members. 2. Applicants who are current Company officers, but not Union members. 3. Applicants who are Union members, but not currently officers of the Com- panyCompany. 4. Other applicants. (B) The Company, in addition to its unrestricted right of selection of the Master or Relief Master, shall have the right to keep in continuous employment such Master or Relief Master for assignment to any rating provided he maintains his membership in good standing in the Union and the Company and the Master or Relief Master desires such employment to continue. Continuous employment shall not be deemed to have been broken if the Master or Relief Master is on leave of absence because of seasonal lay-up, or temporary withdrawals from service, vacations, illness, injury, sickness in the family or other reasons relating to personal affairs, provided such Master or Relief Master does not during such period accept permanent employment with any other Company. The Company permits the Master or Relief Master to take rotary or relief assignments through the Union hall during times of vessel lay-up and the officer will main- tain continuous employment status. (C) The Shipping Rules of the Union, as of the effective date of this Agreement, which are not inconsistent with the terms of this Agreement, shall be deemed to be part of and incorporated in this Agreement. It is understood that this provision is not in- tended to be used to change any of the employment practices and working conditions aboard the vessel established under and pursuant to this Agreement. (D) In the event the Company seeks a replacement through the home port, the Company will pay allnecessary transportation expenses, wages and subsistence of the Master or Relief Master provided by the offices of the Union. (E) It is understood that the term “offices of the Union” as used in this Section shall be defined as being the offices of the Union located in the New York City area.

PREFERENCE OF EMPLOYMENT. The (A) XXXXXX agrees that when hiring any Licensed Engineer, other than the Chief Engineer, the employee shall be obtained through the offices of the Union, provided that Engineers so named by the Union will do its utmost shall be qualified to furnish such fill the available positions, and further provided that XXXXXX shall have the right to select engineers whom XXXXXX considers qualified and satisfactory. Qualifications for Licensed Deck Officers as Engineer assignments shall include, but shall not be limited to, hands-on experience in the Com- pany may request who have been employed operation and maintenance of the propulsion and generator types carried, and service aboard similar types of oceanographic or seismic vessels. FurtherAny engineer who has been discharged by XXXXXX for cause, in accordance with Section 6 of this agreement, which has not been reversed by Section 5 of the Agreement, shall not be provided by the Union to XXXXXX for any available position. In case any person is rejected, the Union agrees feels any rejection has been unjust and has worked a hardship on the person, the Union shall, without delay, take the matter up with XXXXXX and attempt to furnish secure an adjustment. In the Company with such Licensed Deck Officers found to be capable, competent, and physically fit, when and where they are needed to fill vacancies in ample time to prevent any delay in the operations. To assure maximum harmonious relations, and in order to obtain such qualified Licensed Deck Officers with the least risk absence of a delay in the operational schedule of vessel(s)satisfactory adjustment, the matter can be submitted for disposition under Section 5 by the Union. (B) The Company agreesshall have the absolute right of selection for all Licensed Engineers, subject to the terms and conditions set forth elsewhere herein, to secure marine personnel through Offices of the Offshore Division provided Engineers so selected are members of the Union or a bona fide applicant for membership with the Union and clear through the Union hiring hall. All Officers shall be assigned to permanent billets unless otherwise designated at time of hire. The Company shall have the sole discretion to promote shipboard Officers. Continuous employment shall not be deemed to have been broken if the Engineer is on leave of absence because of seasonal lay-up, or temporary withdrawals from service, vacations, illness, injury, sickness in the family or other reasons related to personal affairs, provided such Engineer does not during such period accept employment with any other office company other than Relief Engineer work. (C) Xxxxxx shall have the absolute right to select its own employees for Chief Engineer, provided such employees are members of the Union desig- nated in good standing or shall make application to ascertain such fact. (D) Any assignment to be filled by a licensed engineer that is a relief position shall be filled through the Union HeadquartersHiring Hall. (E) All Assistant Licensed Engineers not promoted or assigned from the permanent employees of XXXXXX shall be obtained from the Union Hiring Hall, with the understanding that, in referring an Assistant Engineer to XXXXXX, the employee's qualifications shall be commensurate with the position and with the particular vessel to which he is referred. (F) XXXXXX shall compile and supply the Union an "Assistant Engineers List" consisting of up to ten (10) Assistant Engineers from among the Engineers who are Union members and who are registered in the Union Hiring hall. IfThis list shall be maintained and/or amended from time to time at the discretion of XXXXXX. XXXXXX shall have the right to designate its Assistant Licensed Engineers (when not promoted or assigned from the permanent employees of XXXXXX) from such List. Relief Assistant Engineers positions shall be filled by engineers on the List who have been without covered employment for the longest period of time. (G) All Officers shall be subject to a probationary period of seventy-five (75) days or two consecutive science cruises, whichever is longer, at the discretion of the company and or responsible vessel supervisor. The probationary period includes only actual onboard time. During the probationary employment period the Officer may be terminated for any reason, and such termination shall not be subject to the grievance and arbitration provisions of this Agreement. Employment beyond the probationary period reflects only that the Officer met the minimum standards of performance and shall not be used as evidence of good performance in arbitration or in any tribunal. (H) If XXXXXX, with reasonable promptness after the occurrence of a vacancy, requests the Union does not to furnish the Company with a Licensed Deck Officers who are capable, competent and physically fit, when and where they are required, and of the ratings needed Engineer to fill such vacancies, vacancy and the Union is unable to do so in ample time to prevent any delay in operationsmeet the requirements of the vessel, the Company may Union shall immediately notify XXXXXX which shall then obtain such required marine personnel be free to secure an Engineer for this specific vacancy from any available source. However, in which case the Organization preference shall be notifiedgiven to members of the Union in good standing, when available and qualified to fill the position. (AI) When a vacancy occurs for a XXXXXX shall not make any permanent or relief assignments to any Licensed Deck Officer on any inspected ocean- ographic research vessel of Xxxxxx-Xxxxxxx requiring Licensed Deck Officers, the Com- pany shall consider applicants from Assistant Engineer position except through the Union along Hiring Hall, provided however, that such assignments may be made within a vessel and not through the Union Hiring Hall by assigning an individual who has previously performed the job as a temporary employee in accordance with those the provisions of deck officers currently employed Section I(B) of this Agreement. (J) Licensed Engineers shall be on the payroll beginning on the date they begin traveling to join the vessel, and shall start vacation pay on the day following the day that they sign off. (K) The Shipping Rules of the Union as of the effective date of this Agreement, which are not inconsistent with the terms of this Agreement, shall be deemed to be part of and incorporated in this Agreement. It is understood that this provision is not intended to be used to change any of the employment practices and working conditions aboard the vessels established under and pursuant to this Agreement. A copy of the current shipping rules shall be provided to XXXXXX. (L) In the event XXXXXX seeks a replacement through the home port, XXXXXX will pay all necessary transportation expenses, wages and subsistence of the Engineer provided by the Companyoffices of the Union. (M) It is understood that the term "offices of the Union" as used in this Section shall be defined as being the offices of the Union in whose jurisdiction the vessel may be located at the time the Engineer is being selected. (N) The Union shall in its sole discretion designate from time to time the ports in which it maintains an office which shall then be so recognized by XXXXXX unless subsequently changed by the Union. It is agreed that the foregoing paragraph is not intended to be used for the purpose of changing the Ports in which the Union, and other applicantsas of the effective date of this Agreement, but maintains an office, unless in any such Port local officials do not comply with the Company established policies or law of the Union in which event the Union shall have the abso- lute right to select the individual whom the Company considers best qualified for the position. When two (2) or more applicants are found to be equally qualified in the opinion of the Company, the following order of preference shall be followed in offering the position: 1. Applicants who are current Company officers and Union memberstake action hereunder. 2. Applicants who are current Company officers, but not Union members. 3. Applicants who are Union members, but not currently officers of the Com- pany.

PREFERENCE OF EMPLOYMENT. The Union will do its utmost to furnish such Licensed Deck Officers as the Com- pany may request who have been employed aboard similar types of vessels. Further, the Union agrees to furnish the Company with such Licensed Deck Officers found to be capable, competent, and physically fit, when and where they are needed to fill vacancies in ample time to prevent any delay in the operations. To assure maximum harmonious relations, and in order to obtain such qualified Licensed Deck Officers with the least risk of a delay in the operational schedule of vessel(s), the Company agrees, subject to the terms and conditions set forth elsewhere herein, to secure marine personnel through Offices of the Offshore Division of the Union or such other office of the Union desig- nated by the Union Headquarters. If, for any reason, the Union does not furnish the Company with Licensed Deck Officers who are capable, competent and physically fit, when and where they are required, and of the ratings needed to fill such vacancies, in ample time to prevent any delay in operations, the Company may then obtain such required marine personnel from any available source, in which case the Organization shall be notified. (A) When a vacancy occurs for a Licensed Deck Officer Master or Relief Master on any inspected ocean- ographic oceanographic research vessel of Xxxxxx-Xxxxxxx requiring Licensed Deck Officers, the Com- pany Company shall consider applicants from the Union along with those of deck officers currently employed by the Company, and other applicants, but the Company shall have the abso- lute absolute right to select the individual whom the Company considers best qualified for the position. When two (2) or more applicants are found to be equally qualified in the opinion of the Company, the following order of preference shall be followed in offering the positionposi- tion: 1. Applicants who are current Company officers and Union members. 2. Applicants who are current Company officers, but not Union members. 3. Applicants who are Union members, but not currently officers of the Com- panyCompany. 4. Other applicants. (B) The Company, in addition to its unrestricted right of selection of the Master or Relief Master, shall have the right to keep in continuous employment such Master or Relief Master for assignment to any rating provided he maintains his membership in good standing in the Union and the Company and the Master or Relief Master desires such employment to continue. Continuous employment shall not be deemed to have been broken if the Master or Relief Master is on leave of absence because of seasonal lay-up, or temporary withdrawals from service, vacations, illness, injury, sickness in the family or other reasons relating to personal affairs, provided such Master or Relief Master does not during such period accept permanent employment with any other Company. The Company permits the Master or Relief Master to take rotary or relief assignments through the Union hall during times of vessel lay-up and the officer will main- tain continuous employment status. (C) The Shipping Rules of the Union, as of the effective date of this Agreement, which are not inconsistent with the terms of this Agreement, shall be deemed to be part of and incorporated in this Agreement. It is understood that this provision is not in- tended to be used to change any of the employment practices and working conditions aboard the vessel established under and pursuant to this Agreement. (D) In the event the Company seeks a replacement through the home port, the Company will pay allnecessary transportation expenses, wagesand subsistence of the Master or Relief Master provided by the offices of the Union. (E) It is understood that the term “offices of the Union” as used in this Section shall be defined as being the offices of the Union located in the New York City area.