Exhibit 10.11
COLLECTIVE BARGAINING AGREEMENT
between
SAN FRANCISCO DRYDOCK, INC.
and the
METAL TRADES DEPARTMENT OF THE AFL-CIO
the
PACIFIC COAST METAL TRADES DISTRICT COUNCIL
the
BAY CITIES METAL TRADES COUNCIL
and the
INTERNATIONAL UNIONS SIGNATORY HERETO
EFFECTIVE: JULY 1, 2000 TERMINATING: JUNE 30, 2002
AGREEMENT
FOR
SAN FRANCISCO DRYDOCK
JULY 1, 2000 - JUNE 30, 2002
TABLE OF CONTENT
ARTICLE SUBJECT PAGE
MISSION STATEMENT AND DECLARATION OF PRINCIPLES....................1
ARTICLE 1. PARTIES............................................................2
ARTICLE 2. WARRANTY OF AUTHORITY..............................................2
ARTICLE 3. COMPLETE AGREEMENT.................................................2
ARTICLE 4. SCOPE OF AGREEMENT.................................................2
ARTICLE 5. RECOGNITION........................................................3
ARTICLE 6. JURISDICTION.......................................................3
ARTICLE 7. UNION SECURITY.....................................................3
ARTICLE 8. MANAGEMENT/WORKER/UNION RESPONSIBILITIES...........................4
ARTICLE 9. BUSINESS REPRESENTATIVES & STEWARDS................................4
ARTICLE 10. SUBCONTRACTING.....................................................5
ARTICLE 11. OUT-OF-YARD, OUT-OF-TOWN WORK AND TRAVEL...........................5
ARTICLE 12. TOOLS..............................................................6
ARTICLE 13. SAFETY.............................................................6
ARTICLE 14. HIRING.............................................................7
ARTICLE 15. SENIORITY..........................................................8
ARTICLE 16. HOURS OF WORK AND SHIFTS..........................................11
ARTICLE 17. OVERTIME..........................................................14
ARTICLE 18. HEALTH, WELFARE AND PENSIONS......................................15
ARTICLE 19. WAGES SCALES AND COMPENSATION.....................................16
ARTICLE 20. HOLIDAYS..........................................................20
ARTICLE 21. VACATIONS.........................................................23
ARTICLE 22. GRIEVANCES, COMPLAINTS & ARBITRATION..............................24
ARTICLE 23. SUBSTANCE ABUSE PROGRAM...........................................26
ARTICLE 24. STRIKES AND LOCKOUTS BARRED.......................................27
ARTICLE 25. SAVINGS CLAUSE....................................................27
ARTICLE 26. EFFECTIVE DATE AND DURATION OF AGREEMENT..........................27
ARTICLE 27. EVALUATION........................................................28
ARTICLE 28. TRAINING..........................................................28
ARTICLE 29. LABOR MANAGEMENT COMMITTEE........................................30
SCHEDULE "A"......................................................31
SCHEDULE "B"......................................................31
NOTES TO SCHEDULES "A" AND "B"....................................31
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MISSION STATEMENT AND DECLARATION OF PRINCIPLES
Our joint mission is to increase market share to sustain profitable union
shipyards on the West Coast. We will perform quality work at competitive prices
in a timely manner while providing jobs earning family wages and benefits. All
work will be performed safely in the most efficient manner with the lowest
overall cost.
Declaration of Principles
1. Traditional craft jurisdiction will remain intact by
guaranteeing the maintenance of historical craft work force
percentages in the yard.
2. Traditional work practices cannot stay the same if we are to
survive.
3. All skills and abilities of all employees will be utilized to
perform the available work safely in the most efficient
manner.
4. Safety will be improved to enhance the overall health and
viability of the shipyard and its workforce.
5. Wages will provide rewards based on demonstrated skills and
performance, and opportunities will be provided to increase
pay through skill upgrading and training.
6. Market recovery agreements will be utilized where necessary to
increase market share and work opportunities.
7. A wage and benefits package will be designed to retain the
shipyard workforce and attract new shipyard workers.
8. There will be open and xxxxx communication with the workforce.
Survival depends on the commitment and the involvement of all
parties.
Labor and Management will continue to work together to ensure that the mission
is accomplished through the application of these principles.
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ARTICLE 1. PARTIES
PARTIES: This Agreement is made and entered into by and
between San Francisco Drydock, Inc. (hereinafter referred to
as the "Employer") and the Metal Trades Department of the
AFL-CIO, the Pacific Coast Metal Trades District Council, the
Bay Cities Metal Trades Council and the International Unions
signatory hereto, (hereinafter referred to as the "Unions").
ARTICLE 2. WARRANTY OF AUTHORITY
WARRANTY OF AUTHORITY: The officials executing this Agreement
on behalf of the Employer and the Unions signatory hereto,
hereby warrant and guarantee that they have the authority to
act for, bind and collectively bargain on behalf of the
organizations which they represent.
ARTICLE 3. COMPLETE AGREEMENT
COMPLETE AGREEMENT: This Agreement shall constitute the
complete Agreement between the parties. There are no other
Agreements written or oral.
ARTICLE 4. SCOPE OF AGREEMENT
4.1 This Agreement shall cover ail production, repair and
maintenance employees (hereinafter referred to as the
"bargaining unit") in the employ of the Employer signatory
hereto, and shall apply to all work and activities of the
Employer in connection with the construction, conversion,
repair or scrapping of any vessel on the Pacific Coast,
including but not limited to, dredges, floating drydocks,
offshore drilling vessels, barges, Mobil drilling platforms,
platforms and all component parts, plant equipment, and all
auxiliary equipment used in conjunction therewith, and other
new work as shall be mutually agreed to by the parties.
4.2 The ship repair industry consists of work on temporary
projects that are for a defined and limited period.
Historically, both the ship repair industry and the Employer
have operated on a project-specific basis, and for this reason
employees have been, and continue to be, hired for a limited
duration. Therefore, the signatory parties understand and
agree that employment is on a project-specific basis.
4.3 The parties agree to amend the content of this contract by
mutual agreement when bidding against non-union shipyards. In
order to initiate this process, the Employer shall give
written notice of a request to bargain to the Bay Cities Metal
Trades Council. The notice shall be followed by a meeting
between the Employer and the Bay Cities Metal Trades Council,
in order for the Employer to explain its position. Thereafter,
the Employer shall give written notice of a request to bargain
to the Pacific Coast Metal Trades District Council.
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ARTICLE 5. RECOGNITION
5.1 The Employer recognizes the Unions as set forth in ARTICLE 1.
PARTIES and signatories hereto as the sole collective
bargaining agents for all of their employees engaged in work
covered by ARTICLE 4. SCOPE OF AGREEMENT.
5.2 The Employer recognizes the IAM & AW as the sole and exclusive
representatives as certified by NLRB Case No. 20-RC-1275.
5.3 This Agreement shall cover all electrical production, repair
and maintenance employees within the bargaining unit (as
defined in NLRB Case No. 20-RC-2157 dated March 4, 1966). The
Employer recognizes the I.B.E.W as the sole and exclusive
representative for all employees as defined in the
aforementioned NLRB Case.
5.4 The Employer, pursuant to the decision of the NLRB in Case No.
20-RC-1327, recognizes the Northern California Carpenters
Regional Council, and the affiliated Local Union No. 2236 of
the United Brotherhood of Carpenters and Joiners of America as
the sole and exclusive bargaining agent for all employees who
are covered under their jurisdiction.
ARTICLE 6. JURISDICTION
6.1 Traditional craft jurisdiction shall remain as established
between the crafts. Issues regarding traditional craft
jurisdiction between the unions shall be resolved exclusively
through the Metal Trades Department Jurisdictional Policy.
However, during the term of this Agreement, jurisdiction and
past practices shall be relaxed to allow for all skills and
abilities of all employees to be utilized to perform the
available work safely in the most efficient manner.
6.2 Labor and Management shall establish initial percentages of
work by craft and monitor these percentages over the course of
the Agreement. Craft percentages will be reviewed locally on a
semi-annual basis in order to adjust to changing conditions.
ARTICLE 7. UNION SECURITY
7.1 Employees included in the Bargaining Unit covered by this
Agreement who are members of their respective Union as of the
effective date of this Agreement, shall as a condition of
continued employment maintain their membership in the Union.
7.2 Employees included in the Bargaining Unit covered by this
Agreement who are not members of the respective Union as of
the effective date of this Agreement, shall apply for
membership in said Union on the thirty-first (31st) day after
such
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effective date, and all employees who are accepted into
membership in the Union shall maintain their membership in the
Union as a condition of employment.
7.3 Employees hired after the effective date of this Agreement,
shall apply for membership in the respective Union on the
thirty-first (31st) day following the beginning of such
employment, and all employees who are accepted into membership
in the Union shall maintain their membership in the Union as a
condition of employment.
7.4 The Employer shall, upon written request of the Local Union,
suspend any employee within two (2) working days after receipt
of such notice, who fails to tender the periodic dues and
initiation fees uniformly required by the Union. Thereafter,
the Employer shall, upon written request of the Local Union,
terminate such employee within two (2) working days after
receipt of such notice, who fails to tender the periodic dues
and initiation fees uniformly required by the Union as a
condition of acquiring or retaining membership in
good-standing in the Union.
ARTICLE 8. MANAGEMENT/WORKER/UNION RESPONSIBILITIES
8.1 MANAGEMENT RESPONSIBILITIES: To provide a safe and efficient
working environment, expand work opportunities for the yard,
to train workers, and to cooperate with workers and the Unions
to continuously improve shipyard operations.
8.2 WORKERS RESPONSIBILITIES: To provide a productive day's work
for a day's pay, participate in training to improve and
maintain their skills, and to cooperate with management and
the Unions to continuously improve shipyard operations.
8.3 UNION RESPONSIBILITIES: To supply skilled and experienced
workers, train workers, recruit new workers, and to cooperate
with management to continuously improve shipyard operations.
ARTICLE 9. BUSINESS REPRESENTATIVES & STEWARDS
9.1 BUSINESS REPRESENTATIVES: Business Representatives of the
various Unions shall have access to the shipyard and shipyard
shops. Such representatives shall make every effort not to
cause employees to neglect their work.
9.2 SHOP STEWARDS: It is recognized by the Employer that Shop
Stewards are desirable for the proper administration of the
terms of this Agreement. The Employer also recognizes that it
is desirable that the person designated as Xxxxxxx shall
receive his fair share of the work he is qualified to perform.
In no event shall the Employer discriminate against a Xxxxxxx
in the matter of overtime, layoffs, or rehires, or discharge
him on account of the proper performance of his duties.
Twenty-four (24) clock hours advance notice will be given
individually to
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the Xxxxxxx if he is to be laid off. The Employer shall make
every effort to deliver such notice during regular shift
hours. There may be designated by each Union, one (1) Chief
Shop Xxxxxxx on each shift who will be granted super seniority
during his respective term of office. Such Chief Shop Xxxxxxx
shall have at least one (1) year of seniority and be qualified
to perform the work available. With regard to Unions with
multiple seniority lists, the Employer shall make every
reasonable effort, as far as practicable, to retain the Chief
Shop Xxxxxxx regardless of his craft for the express purpose
of providing Union representation for the remaining employees
working under the jurisdiction of such Union.
ARTICLE 10. SUBCONTRACTING
10.1 While it is the intent of the Employer to have all available
work performed by its employees, the Employer retains the
right to subcontract work. A permanent committee will be
formed consisting of labor and management to investigate how
to increase the amount of available work which is performed by
the employees of the shipyard.
10.2 In the event that the Employer subcontracts work within the
port and connected navigable waterways, the subcontractor
shall pay wages and benefits under this Agreement or monetary
equivalents thereof.
10.3 The Employer will assist in the enforcement of this Article.
ARTICLE 11. OUT-OF-YARD, OUT-OF-TOWN WORK AND TRAVEL
11.1 OUT-OF-TOWN WORK: Travel time shall be paid for at the
applicable rate provided under the contract, up to a maximum
eight (8) hours per day. The Company will pay coach class
transportation and lodging. Lodging will be of the minimum
standard established by the American Automobile Association.
An allowance shall be paid by the Employer of thirty-five
dollars ($35.00) per day for costs associated with meals.
11.2 NEARBY OUT-OF-YARD WORK: If employees are required to report
to a job site at the beginning of their shift within a radius
of forty-five (45) miles from the yard, the Employer will at
the request of the employee(s) provide courtesy transportation
to such job site on the employee's time.
11.3 TRIAL TRIPS AND WORK AT SEA:
(A) When employees are required to work at sea or are
assigned to vessels on trial trips, or vessels
anchored offshore, they shall receive regular shift
pay, meal and room accommodations when necessary.
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(B) If employees are required to work or stand-by outside
of the regular shift hours or on the sixth (6th) or
seventh (7th) day of an employee's normal work week
and holidays, they shall receive the established
overtime rate as defined in ARTICLE 17.
(C) When employees are required to work at sea or are
assigned to vessels on trial trips, or vessels
anchored offshore, they shall be guaranteed a minimum
of either (8) hours pay at the straight-time rate for
each twenty-four (24) hour period. In addition they
shall receive a guaranteed captive pay allowance of
thirty-five dollars ($35.00) for each twenty-four
(24) hour period.
ARTICLE 12. TOOLS
12.1 Employees will be furnished tools. They shall use all
reasonable care in the use of tools and return them to the
custody of the Employer when no longer used. Employees shall
have sufficient time, prior to the end of each shift, to put
away tools on the Employer's time. Determination of sufficient
time shall be at the Employer's discretion, but shall be not
less than ten (10) minutes. The Employer has the right to take
action against those employees who misuse property supplied to
them by the Employer.
12.2 Inside and Outside Machinist and Sheetmetal workers who supply
their own tools shall be compensated at fifteen cents ($0.15)
per hour. This will continue for the duration of this
Agreement.
(A) Seniority employees eligible for tool pay shall
retain their tool pay upon rehire.
(B) New hires will have their tools checked and reviewed
by their craft designated supervisor for tool pay
approval.
ARTICLE 13. SAFETY
13.1 Management, Unions, and Employees are dedicated to the concept
that all accidents are preventable. Accordingly, all parties
are committed to achieving and sustaining ZERO ACCIDENT
TOLERANCE through continuous improvement practices.
13.2 Employees and Management share responsibility for the
prevention of injuries and illness. Management and Company
Supervision are required to enforce safety rules and to take
corrective actions to eliminate hazardous conditions and
practices.
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13.3 A Labor Management Safety and Health Committee shall be
formed. This Committee will be responsible for the formation
and continuous revision of a Safety and Health Program for the
Employer's facility.
13.4 On a red tagged, or on all energized circuits of two hundred
and seventy-seven (277) volts or over, as a safety measure,
two (2) or more Journeymen Electricians must work together,
except for testing or replacing fuses or when the electrical
system has been locked out and tagged out by qualified
personnel.
ARTICLE 14. HIRING
14.1 When additional employees are required, the Employer will
notify the appropriate Local Union twenty-four (24) hours in
advance so that the Union may have a reasonable opportunity to
refer applicants for employment. If less than twenty-four (24)
hours notice is given, the Union will make every reasonable
effort to provide the manpower as soon as possible.
14.2 The Employer may reject applicants referred by the Unions, but
will provide in writing, within two (2) working days, the
reasons for any rejection. The Employer may discharge any
employee for just and sufficient cause. The Employer agrees to
notify the appropriate Local Union in writing of any workers
not eligible for rehire and the reason(s) for same. In the
event that the Union disagrees with the position of the
Employer with respect to the appropriateness of the "not
eligible for rehire" letter(s) on a former employee or
employees, it may submit the matter to the Grievance
Procedure, including Arbitration, if the Parties are not able
to settle the matter. The "not eligible for rehire" letter(s)
sent to the Union will be reviewed quarterly upon the request
of the Union. This quarterly review upon request of the Union
of the "not eligible for rehire" letter(s) is not subject to
the Grievance Procedure.
14.3 The Unions will not discriminate against non-union workmen in
referring workmen to the Employer, and the Employer will not
discriminate against Union members in selecting job applicants
referred by the Unions.
14.4 A copy of this ARTICLE 14 shall be posted in the Employer's
personnel office and in the Local Union's dispatch office.
14.5 The Employer may request any former unemployed employee by
name and the Unions shall refer such person after compliance
with the provisions set forth in ARTICLE 15. SENIORITY. The
Employer will provide proof of former employment of such
person if requested by the Union and in the case of the
I.B.E.W., the Employer may request any unemployed xxxxxxx by
name and the Union shall refer such xxxxxxx provided such
xxxxxxx has been in the employ of the Employer within the
previous thirty (30) days, provided further, that such named
xxxxxxx must have been employed by the Employer for a minimum
of thirty
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(30) days within the last ninety (90) days immediately
preceding termination by the Employer.
14.6 If the Employer hires employees other than those referred by
the Unions, the Employer shall advise the appropriate Local
Union within two (2) working days after such person is hired,
as to the name, address, social security number, date of hire,
classification, and rate of pay of such employee. The same
information shall be furnished in writing by the Employer to
the appropriate Local Union within forty-eight (48) hours
after the termination of such employee.
14.7 The Unions and Employer agree to hold each of the other
Parties signatory hereto harmless from any money damages and
penalties assessed against them by any Government Agency or
court of law because of any charge of unfair labor practice or
act, where such practice or act was approximately or solely
caused by any one of the individual Unions or Employer.
14.8 NON-DISCRIMINATION: The Employer and the Unions agree that
there will be no discrimination in employment because of race,
creed, color, national origin, age, sex or handicap, as
defined by Federal and State Laws. Nor shall there be any
discrimination of disabled veterans or veterans of the Vietnam
era. In referring to the employees in this Agreement, the
masculine gender is used for convenience only, and shall refer
to both males and females. Compliance with State and/or
Federal Laws shall not be considered discrimination under this
sub-section.
ARTICLE 15. SENIORITY
15.1 For the purpose of layoff and recall, the principle of
seniority is hereby established for employees in the
bargaining unit, with the exception of the I.B.E.W., and
SCHEDULE "B" employees.
15.2 Seniority shall be established after an employee has worked in
an established represented classification for a period of
ninety (90) cumulative working days within a six (6) month
period. Any employee who acquired seniority prior to the
effective date of this Agreement shall retain the seniority
date currently assigned. Any non-seniority employee hired or
rehired after the effective date of this Agreement shall
acquire seniority in accordance with this paragraph. There
shall be one (1) yard-wide seniority list for utility workers.
FOR EXAMPLE: If any employee starts in January, he has until
the end of June to qualify for seniority. If at the end of
June he has not qualified for seniority, then the six (6)
month period is extended to July, and the month of January is
dropped.
15.3 An employee's seniority under this Article shall be terminated
under the following conditions:
(A) If the employee is discharged for cause.
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(B) If the employee quits.
(C) If the employee is laid off for lack of work from the
Employer's active payroll for a period of one (1)
year.
(D) If an employee is absent for three (3) or more
consecutive work days without notification to the
Employer and furnishing no justifiable reason for
such absence shall be considered to have voluntarily
terminated his employment. Exceptional cases will be
handled on their merit. Employees on
employer-approved leave of absence or industrial
injury shall not be subject to this provision.
(E) An employee on employer-approved sick leave or
industrial injury at the time of lay-off for lack of
work shall be recalled according to his respective
seniority recall eligibility, and if still unable to
return to work shall be returned to the employer's
sick leave or industrial injury status.
(F) If an employee fails to report to work at the time
specified by the Employer or within forty-eight (48)
hours (Saturdays, Sundays and holidays excluded) of
an "Official Seniority Recall".
1. The Employer will place his recall order with the
Union, naming employees eligible to be recalled
for such order by Seniority List. The Employer
shall at the time of placing such order send the
"Official Notice of Recall" to such eligible
employee in the manner covered in Item 4. below.
Upon receipt of such "Official Notice of Recall"
the employee must report for work within
forty-eight (48) hours or suffer loss of
seniority.
2. The Union shall make every reasonable effort to
notify the employee by telephone of his recall and
time to report to the Employer.
3. Employees contacted by the Union shall make every
reasonable effort to report to work at the time
specified by the Employer.
4. A list of those employees not contacted by the
Union, and those who inform the Union that they
are not answering the recall, shall be given to
the Employer within twenty-four (24) hours after
the Union receives the recall order.
The Employer shall then notify the employee
(unless "Official Notice of Recall" is sent
under Item (1) above) by Certified or
Registered letter to the employee's last
address on record. The Employer shall notify
the Union, in writing, within two (2)
working days of receipt of an unacknowledged
letter. It is the employee's personal
responsibility to maintain a current address
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and telephone number with the Employer and
the Union. Upon receipt of such "Official
Notice of Recall", the employee must report
for work within forty-eight (48) hours or
suffer loss of seniority. Individual problem
cases shall be handled on their merit by the
Employer and the Union.
15.4 Loss of seniority shall not apply to recall for jobs of less
than seven (7) working days duration starting on the first day
following the placing of the order at the Union Hall for
employee(s).
(A) The Employer has the responsibility, under ARTICLE
15.3 (F) 1, to call the Union Hall for employees with
seniority for jobs regardless of duration.
(B) The provision under ARTICLE 15.4 is only to give the
right to the employee with seniority to reject a job
offer of less than seven (7) days. Further, there is
no guarantee of pay for days not worked.
(C) The Employer can call employees for more than one (1)
job in a seven (7) day period or less.
(D) If the job is not completed within the seven (7)
working days' duration and needs to be extended from
one (1) to three (3) working days beyond the seven
(7) day duration, the Employer is not required to
call seniority employees who originally rejected the
initial call back for that period of time.
15.5 The Employer shall be entitled to retain Supervisors and
classifications above Supervisor paid on an hourly rate
without regard to seniority. Supervisors paid on an hourly
rate will be laid off and recalled to work according to
Journeyman Seniority if he is not working in a supervisory
capacity.
15.6 Seniority shall apply to the classifications of the Craft or
Union as set forth in this Agreement, and other such
classifications as may be agreed upon by the Employer and the
appropriate Union.
15.7 On layoffs and recalls in any classification or agreed
classification, the following factors shall apply:
(A) Length of continuous seniority with the Employer in
the classification or agreed classification.
(B) Demonstrated skill and ability to perform the work to
be done in the classification or agreed
classification. Where factor (B) is equal between
employees to be laid off and recalled, then factor
(A) shall prevail.
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15.8 Employees who are laid off in accordance with ARTICLE 15.7
shall be recalled to work in inverse order of layoff, provided
the employee is qualified to perform the work within the
classification or agreed classification.
15.9 Employees promoted to any higher classification or to
Supervisor paid on an hourly basis shall continue to accrue
seniority in the classification from which they are promoted
during the time they serve in such capacity. Employees
promoted to jobs outside the bargaining unit shall retain such
seniority as they had in the classification from which they
were promoted as of the day of the promotion. There will be no
seniority accrual while out of the bargaining unit.
15.10 The Employer shall furnish a current Seniority List on a
monthly basis to each appropriate Union. Such Seniority List
shall designate foremen or the immediate classifications above
leading man and will be posted in the office of the Union(s)
and the Employer, and it shall be the responsibility of the
employee to review such list as to his individual seniority
status.
No employee shall have seniority and all its rights and
benefits except as follows:
a) For the purpose of layoff and recall,
seniority shall be effective on the
fourteenth (14th) calendar day from the date
the employee worked ". . . ninety (90)
cumulative working days within a six (6)
month period."
b) For the purpose of eligibility for the
seniority provisions for holiday pay
pursuant to ARTICLE 20. HOLIDAYS,
eligibility for accrual of vacation pay
pursuant to ARTICLE 21. VACATIONS, and
eligibility for jury pay pursuant to ARTICLE
19.4. JURY DUTY, seniority shall be
effective on the day after the employee
worked ". . .ninety (90) cumulative working
days within a six (6) month period."
15.11 In addition to employees retained by skill and ability for
available work, the Employer may designate key employees on
each seniority list at a ratio of 1:10, with a minimum of two
(2) and a maximum of four (4) per seniority list. For Unions
with multiple Seniority Lists, no more than ten (10) key
employees per union will be permitted. Key employees may be
retained and recalled out of seniority. The local union and
Employer will agree to accommodate retention of additional key
employees who have unique qualifications.
ARTICLE 16. HOURS OF WORK AND SHIFTS
16.1 HOURS OF WORK: Forty (40) hours shall constitute a work week,
eight (8) hours a day, five (5) days a week, Monday to through
Friday inclusive, starting between the hours of 6:00 A.M. to
8:00 A.M. and ending between the hours of 2:30 P.M. to 4:30
P.M. By mutual agreement between the Employer and the Bay
Cities
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Metal Trades Council, starting time may be adjusted within the
above-stated times. 16.2 SHIFTS: Shift work shall be permitted
in all classifications on the following basis, without
restrictions.
(A) FIRST SHIFT: An eight and one-half (8-1/2) hour
period less thirty (30) minutes for meals on the
employee's time, starting between the hours of 6:00
A.M. to 8:00 A.M. and ending between the hours of
2:30 P.M. to 4:30 P.M. Pay for a full shift period
shall be a sum equivalent to eight (8) times the
employee's regular hourly rate with no shift premium.
(B) SECOND SHIFT: An eight and one-half (8-1/2) hour
period less thirty (30) minutes for meals on the
employee's time, starting between the hours 2:30 P.M.
to 4:30 P.M. and ending between the hours of 11:00
P.M. to 1:00 A.M. Pay for a full shift period shall
be a sum equivalent to eight (8) times the employee's
regular hourly rate plus one dollar ($1.00) for each
hour worked.
(C) THIRD SHIFT: An eight and one-half (8-1/2) hour
period less thirty (30) minutes for meals on the
employee's time, starting between the hours of 11:00
P.M. to 1:00 A.M. and ending between the hours of
6:30 A.M. and 8:30 A.M. pay for a full shift shall be
a sum equivalent to eight (8) times the employee's
regular hourly rate plus one dollar ($1.00) for each
hour worked.
(D) The signatory Parties recognize that shift work by
employees may from time to time create undue
hardships necessitating employee requests to change
shifts. The Employer agrees that consideration of
legitimate requests for shift transfers promotes good
employee relations and is a good management policy.
Therefore, the Employer agrees to consider all
reasonable requests by employees for shift transfers
for such reasons as marital problems, schooling,
childcare problems, etc. However, the signatory
Parties recognize that the assignment of work to
employees, including the shift on which employees
perform their work, shall be at the sole discretion
of the Employer. The Employer agrees that shift
placement and shift transfers shall not be done for
punitive purposes.
16.3 In the event operating conditions should require the
adaptation or modification of hours apart from the regular
shifts outlined under ARTICLE 16.2, the affected Union(s) and
the Employer agree to discuss the situation, and if required
may modify work hours, providing the terms are mutually
acceptable.
16.4 The regularly established starting time of the day shift shall
be recognized as the beginning of the twenty-four (24) hour
work day period. When irregular or broken shifts are worked,
overtime rates shall apply before the regular starting
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time and after the regular quitting time on the shift on which
the employee is regularly employed, provided the employee has
satisfied the provisions of ARTICLE 17.1.
16.5 Employees transferred from one shift to another, unless
relieved from work at least seven and one-half (7-1/2) hours
before starting their new shift, shall be paid at the
applicable overtime rate for the first such shift worked.
16.6 No employee shall be transferred from his regular assigned
shift to another shift more than once in a work week; however,
he may be returned to his regular assigned shift. This shall
not apply in an extreme emergency or where there is a shortage
of manpower. Any violation of this ARTICLE 16.6 shall entitle
the employee to a time and one-half (1-1/2) wage rate for the
first such shift worked.
16.7 STARTING AND QUITTING TIMES: The signatory Parties recognize
that for the Employer to be competitive, it is critical that
employee maximize their actual working time on the job. It is
further recognized that the historical abuse of time at the
shift start, lunch breaks, and shift end, constitutes a
significant productivity problem that must be corrected in
order to maximize employee working time on the job. Therefore,
the principle of eight (8) hours pay for eight (8) hours work
on the job is hereby established within the following
guidelines:
(A) When the whistle signaling the start of the shift
sounds, all employees shall be at their designated
reporting site ready to begin work. Any employee not
at the designated reporting site ready to begin work
when the shift starts shall not be paid until the
employee is at the designated reporting site ready
for work. In addition, the employee shall be
considered tardy for work and will be subject to
discipline pursuant to the Employer's Tardiness
Policy.
(B) Employees shall remain at their work site performing
their assigned work function until the whistle sounds
signaling clean-up time prior to lunch. This whistle
shall sound five (5) minutes prior to lunch. Any
employee who violates this requirement shall be
subject to disciplinary action.
(C) Employees shall be required, when the whistle sounds
signaling the end of the lunch break, to proceed
directly to their work site. This means when the
lunch period has ended, employees should have already
stored, cleaned up or otherwise disposed of their
lunch material. Employees who fail to go directly to
their work site, or fail to report to their work site
in a reasonable time shall be docked accordingly. In
addition, the employee shall be considered tardy for
work and subject to discipline pursuant to the
Employer's Tardiness Policy.
(D) Employees shall remain at their work site performing
their assigned work function until the whistle sounds
signaling clean-up time prior to the end
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of the shift. This whistle shall sound ten (10)
minutes prior to the end of the shift. Any employee
who violates their requirement shall be subject to
disciplinary action.
ARTICLE 17. OVERTIME
17.1 Overtime shall be paid at the rate of one-and-one-half (1-1/2)
times the employee's regular hourly rate of pay as set forth
in SCHEDULES "A" AND "B" of this Agreement for all hours
worked in excess of eight (8) hours, up to twelve (12) hours,
Monday through Friday, and all hours worked on Saturday and
Sunday, up to twelve (12) hours. Double the employee's
established hourly rate of pay shall be paid for all hours
worked in excess of twelve (12) hours on any day and all hours
worked on Holidays.
17.2 Overtime is not mandatory, but if the Employer has an overtime
requirement, the Employer has the right to fill that need. If
this overtime requirement cannot be met by volunteers,
seniority will be asked from the top down. If the requirement
is still not met, inverse seniority will be used to meet the
need at which point it is mandatory.
17.3 A lunch period shall be allowed on the Employer's time at the
end of a regular shift, if the employees are required to work
overtime in excess of two (2) hours. A lunch period shall be
allowed on the Employer's time when an employee is required to
work more than two (2) hours before his regular shift and
continues working into his regular shift thereafter.
17.4 Employees working overtime shall receive a lunch period of
thirty (30) minutes on the Employer's time every four (4)
hours.
(A) The foregoing shall not apply to the first lunch
period on Saturday, Sunday and holidays.
(B) An employee required to work during his regular lunch
period shall receive the established overtime rate
for such lunch period and shall thereafter be allowed
a reasonable opportunity to eat his lunch on the
Employer's time. This provision shall not apply to
drydock crews where at least one (1) hour notice is
given prior to the regular lunch period. An employee
that is not allowed a reasonable opportunity to eat
lunch during his lunch period shall be paid an
additional one-half (1/2) hour at the rate applicable
to the first working hour immediately following the
lunch period.
(C) The applicable overtime rate for non-worked lunch
periods on the Employer's time shall be
time-and-one-half (1-1/2) unless the employee is
receiving double time prior to the lunch period. In
that case, double time will be the applicable rate.
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17.5 Employees required to work overtime past the quitting time of
their regular shift, unless relieved from work at least
seven-and-one-half (7-1/2) hours before starting to work on
their next regular shift, shall be paid time-and-one-half
(1-1/2) for such shift.
17.6 If an employee working on the "first shift" is required to
return to work for a full "third shift" within the same
twenty-four (24) hour work day period, he shall be paid the
applicable overtime rate as if it were a continuation of the
"first shift".
The twenty-four (24) hour work day period mentioned herein
shall be the twenty-four (24) hour period commencing with the
starting time of the "first shift". The term "first shift"
referred to herein shall be interpreted to mean ARTICLE 16.2
(A) of this Agreement.
17.7 Foremen and immediate supervisors above leading men, leading
men and mechanics from other crews, cannot be used to complete
a job or work assignment which continues into or requires
overtime work. The intent of the Parties signatory to this
Agreement is to continue to use foremen or immediate
supervisors above leading men, leading men and mechanics
already assigned in the completion of the work which extends
into an overtime period, except in emergency situations.
ARTICLE 18. HEALTH, WELFARE AND PENSIONS
18.1 EFFECTIVE JULY 1, 2000, the Employer shall pay four dollars
and three cents ($4.03) per hour for all actual hours worked
to the applicable jointly administered Trust(s) as allocated
by the individual Local Unions. Each Local Union shall mail a
copy of that Local Union's allocation of hourly contributions
to the Employer and Fund Manager of each jointly administered
Trust(s), to which the Local Union is allocating
contributions. The twenty-five ($0.25) cents benefit increase
negotiated effective July 1, 2000 shall be contributed into
the Pacific Coast Shipyards Metal Trades Trust Fund.
18.2 EFFECTIVE JULY 1, 2001, the Employer shall pay four dollars
and eighteen cents ($4.18) per hour for all actual hours
worked to the applicable jointly administered Trust(s) as
allocated by the individual Local Unions. Each Local Union
shall mail a copy of that Local Union's allocation of hourly
contributions to the Employer and Fund Manager of each jointly
administered Trust(s), to which the Local Union is allocating
contributions. The fifteen ($0.15) cents benefit increase
negotiated effective July 1, 2001 shall be contributed into
the Pacific Coast Shipyards Metal Trades Trust Fund.
18.3 An individual Local Union may reallocate money from its
present employees' wages into an existing Pension and/or
Health and Welfare Fringe Benefit Trust(s), by the Pacific
Coast Metal Trades District Council serving written notice
upon the Employer. The change in allocation for the Trust(s)
involved will be effective on
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the first of the month after receipt of a minimum of thirty
(30) days written notice. This reallocation of wages must be
uniform for all employees represented by the individual Local
Union. On the effective date of wages being reallocated to
fringe benefit money, the reallocated wages will thereafter be
considered fringe benefit money and not wages for the purpose
of any applicable provisions in the Collective Bargaining
Agreement and for any applicable Federal and/or State
statutory requirements.
18.4 FAILURE TO MAKE PAYMENTS. Upon failure of the Employer
signatory to this Agreement to make any of the payments
required by this Article, the Pacific Coast Metal Trades
District Council may authorize the Local Unions to undertake
economic action against such defaulting Employer to enforce
prompt payment, and such action shall not be deemed to be a
violation of this Agreement or any of the provisions thereof.
18.5 It is the joint responsibility of the Employer and the Unions,
signatory to this Agreement, to instruct the Trustees of the
applicable Pension Plans to take appropriate action to
eliminate any unfunded liability that currently exists or
unfunded liability that develops during the term of this
Agreement as soon as practical.
18.6 There will be no contributions made to a pension trust on
behalf of a trainee until he has completed five hundred (500)
hours. Exception shall be made for this article when: a) the
Employer is required by a specific Pension Fund to make
pension contributions, or b) the Employee is already
participating in the Pension Plan.
ARTICLE 19. WAGES SCALES AND COMPENSATION
19.1 The Employer agrees to pay to its employees, and the Unions
agree that their members employed by the Employer will accept
the wage scales for the various classifications set forth and
contained in SCHEDULES "A" AND "B" of this Agreement.
19.2 The wage rates established within SCHEDULES "A" AND "B" of
this Agreement are minimum rates only, and shall not prohibit
the Employer from paying a premium wage rate to any of its
employees. Where an employee is receiving a premium wage rate
at the time a general increase becomes effective pursuant to
SCHEDULES "A" AND "B", such employees shall receive such
general increase. The granting of a premium wage rate to any
employee and the elimination of such premium wage rate, shall
remain the sole prerogative of the Employer. However, this
section shall not be used to avoid payment of a negotiated
wage increase to premium employees.
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19.3 PAY DAY: Pay day shall be weekly and in no case shall more
than one (1) week's pay be held back. Employees shall be paid
prior to the end of their assigned shift, exclusive of the
lunch period.
(A) It is the intent of the Employer, as far as
practicable, that in case an employee is laid off, is
discharged or voluntarily terminates his employment,
he shall receive his full pay upon separation of
employment, but in no case later than two (2) working
days from the day of separation.
(B) It is the intent of the Employer that any error in an
employee's paycheck shall be corrected by the
Employer within two (2) working days from the time
the error was brought to the Employer's attention.
(C) The Employer, upon the request of an employee, shall
mail the employee's final paycheck to the address
stated by the employee, provided that the employee
has returned or accounted for all employer-issued
property.
(D) Second shift employees are to be paid on Thursday
each week, and the third shift employees no later
than Friday morning.
(E) Employees laid off shall be given one-half (1/2)
hour's time, prior to the time of layoff, to allow
for turning in company tools and equipment, cleaning
out lockers, collecting personal belongings, etc.
This shall not be interpreted to require, on the part
of the Employer, the payment of overtime due to
failure to comply with the above.
(F) It is the intent of the Employer, as far as
practicable, that when an employee is scheduled for a
layoff during the weekend, he shall be paid at the
time of his layoff through the preceding Friday. If
requested, the paycheck for the additional hours
worked on the weekend will be mailed to the
employee's last known address, provided the employee
has fully complied with the provisions of the
following paragraph.
All employees will be responsible for turning in or accounting
for all employer-issued tools and equipment at the time of
their layoff. In order to facilitate this when tool room
personnel are not available, the Employer will utilize
alternative means to collect tools and equipment from
employees. These tools and equipment will then be turned into
the tool room. Employees that are not allowed to turn in or
account for employer-issued tools and equipment at the time of
their layoff, shall be paid two (2) hours at the straight time
rate to accomplish this process.
19.4 JURY DUTY: An employee having seniority and on the active
payroll, having been regularly employed and required by law to
serve as a juror shall upon satisfactory proof to the Employer
of such service rendered, be reimbursed by the Employer
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for his work time lost on the basis of the difference between
his straight-time day shift hourly job classification rate and
his jury pay (excluding travel allowance), provided, however,
such Employer reimbursement shall not be applicable to any
period of time during which said employee juror did not
perform work for the Employer other than when prevented from
doing so solely because of said jury service, and further
provided that such Employer reimbursement is, in no event, to
be applicable for a period of more than eight (8) hours in a
standard work day, nor more than five (5) days in a standard
work week.
In applying the foregoing, it is understood that if an
employee is called for jury service, responds to the call and
loses time, but is not accepted for service or serves and is
relieved there from by the middle of his work shift, the
employee will be reimbursed by the Employer for his work time
lost on the basis of the difference between his straight-time
day shift hourly job classification rate and his jury pay
(excluding travel allowance), provided he reruns to his job
immediately, and promptly reports these facts to the Employer,
provided further that if an employee works his regular shift
in addition to performing jury duty, he shall not be paid by
the Employer under the provisions of this Article.
(A) For the purpose of jury pay, employees covered under
the I.B.E.W. shall be considered to have seniority as
defined under ARTICLE 15 of this Agreement.
19.5 DIRTY WORK: Dirty Work shall be recognized by the Parties as
work within the shipyard industry as conditions more dirty,
disagreeable, or unpleasant than normal shipyard working
conditions.
It is the intent of the Parties to limit dirty work pay to
situations that are exceptionally dirty, relative to normal
shipyard work.
The Employer shall provide, at no cost to the employee(s)
adequate protective clothing for all employees assigned
unusually dirty work.
Employees required to work where unusually dirty conditions
exist relative to normal shipyard conditions in tanks, bilges,
sumps, or under floor plates where oil or water has
accumulated, or in boilers, uptakes or stacks, or in machinery
spaces where unusually dirty conditions exist, shall be paid
at the overtime rate for the entire period so employed, unless
adequate protective clothing is provided. The Employer shall
determine, in advance, what areas warrant dirty work pay.
However, if a dispute arises, a xxxxxxx, a company
representative and a safety representative shall make the
determination of dirty work pay prior to work commencing.
HUMAN WASTE - Employees required to work in tanks, or
break into tanks or related wet or dry systems
containing human waste, shall receive one (1)
additional hour at straight-time pay for each hour
worked, and shall
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continue to receive such penalty pay until they are
allowed to shower or clean up. Clean up shall be at
the Employer's time and shall be paid at the
employee's regular rate of pay for the day.
The Employer shall make available, at no cost to the
employees, proper preventative care, including, but
not limited to gamma globulin shots for hepatitis and
other diseases caused by exposure to human waste.
MUNITIONS WORK - Employees required to work within
the control boundaries of an area that has been
declared by the U.S. Navy, in writing, to be a
secured area where munitions are being handled, shall
be compensated at a rate of one-and-one-half times
the prevailing straight-time hourly wage rate. This
rate shall only be applicable for actual time exposed
to the munitions within the control boundaries.
19.6 SUPERVISION: General Foremen, Foremen and Leading men in all
departments shall be selected, as far as practicable, from
their craft with a view to both their mechanical and
leadership ability, and will be classified at least at the
journeyman level. In addition, the immediate Supervisors above
the first level of supervision, when paid on an hourly basis,
will be selected as above. Supervisors shall be paid at least
one dollar and fifty cents ($1.50) per hour over their regular
pay rate under this Agreement.
19.7 The signatory Parties agree that the job functions of the
Leading man and Foremen are key elements in the effective
supervision of the workforce. Because of this, the Parties
give full support to these Leading men and Foremen being
allowed to perform their job functions without outside
interference. To that end, the Unions agree they will not in
any way interfere or otherwise attempt to influence Leading
men either overtly or covertly in the performance of their job
functions.
Therefore, it is recognized that the job functions of Leading
men as members of the Bargaining Unit include, but are not
limited to the following:
(A) Lead the workforce.
(B) Recommend for consideration by management,
promotions, demotions, hires, layoffs, transfers,
etc.
(C) Initiate lower levels of disciplinary action (verbal
warnings only).
(D) Identify problem employees to management and bear
witness as to the problems identified.
(E) Support and enforce the Employer's rules and
regulations including those aimed at eliminating
production inefficiencies.
19
This provision is not intended to limit any functions or
activities that Leadmen have historically performed.
Therefore, it is recognized that the supervisory functions of
Foremen as members of bargaining unit include, but are not
limited to, the following:
(A) Supervise the workforce.
(B) Recommend to management promotions, demotions, hires,
layoffs, transfers, disciplinary action, etc.
(C) Initiate lower levels of disciplinary action (i.e.
verbal and written warnings).
(D) Identify problem employers to management and bear
witness as to the problems identified.
(E) Support and enforce the Employer's Rules and
Regulations, including those aimed at eliminating
production inefficiencies.
This provision is not intended to limit any functions or
activities that Foremen have historically performed.
19.8 REPORTING PAY AND MINIMUM PAY: Employees starting a shift or
called and start to work after the starting time of a shift,
shall receive not less than one-half (1/2) a shift's pay. If
an employee continues to work into the second half of the
shift, they shall receive clock time thereafter.
(A) Employees required to report to work not continuous
with their regular assigned shift hours, or on
Saturday, Sunday and Holidays, shall receive not less
than two (2) hours' pay at the applicable overtime
rate.
(B) The foregoing shall not apply where an employee is
not put to work because of bad weather or breakdown
of machinery, except that this shall not be construed
to cover failure to have work available.
ARTICLE 20. HOLIDAYS
20.1 The following shall be fixed, paid Holidays:
NEW YEAR'S DAY, PRESIDENT'S DAY, MEMORIAL DAY, INDEPENDENCE
DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING
DAY, CHRISTMAS DAY, THE DAY BEFORE OR THE DAY AFTER CHRISTMAS
DAY, THE DAY BEFORE OR THE DAY AFTER NEW YEAR'S DAY
20
20.2 The following shall be a floating paid holiday:
EMPLOYEE'S BIRTHDAY - Time off can be deferred/floated as
mutually agreed between the Employer and the employee to
another day within a year with pay. Once the deferred Holiday
has been rescheduled (with ten (10) days notice), the
re-scheduled Holiday becomes a fixed date for that employee.
20.3 "SENIORITY EMPLOYEES" HOLIDAY QUALIFYING CONDITIONS: An
employee shall receive eight (8) times the employee's regular
hourly rate of pay for each of the above fixed or floating
Holidays provided:
(A) The employee has worked all of the hours required by
the Employer on both the regularly scheduled work day
prior to and the regularly scheduled work day
following the applicable Holiday.
-OR-
(B) Being laid-off for "lack of work" within ten (10)
regularly scheduled work days before the Holiday, and
is recalled to work within ten (10) regularly
scheduled work days after the Holiday.
20.4 "SENIORITY"/"NON-SENIORITY" QUALIFYING CONDITIONS: The
employee shall receive Holiday pay in spite of absence on the
work day prior to or the work day following such Holiday,
where such absence was due to:
(A) Industrial accident
(B) Bonafide illness covered by a Doctor's Certificate
(C) Absence approved by the Employer.
See ARTICLE 20.6 for limitation.
20.5 "NON-SENIORITY" HOLIDAY QUALIFYING CONDITIONS: Employees
without seniority will be paid Holiday Pay if they have:
(A) been in the continuous employee of the Employer for
thirty (30) calendar days immediately prior to each
Holiday and;
(B) worked the day prior to and the day after the
Holiday.
21
20.6 CLARIFICATION TO ARTICLES 20.3 (A), 20.4 AND 20.5 (B)
Employees will receive Holiday Pay in spite of non-compliance
with ARTICLES 20.3 (A), 20.4 and 20.5 (B) above, if:
(A) they have been retained on "stand-by status" or "on
the hook" by the Employer, or if,
(B) They are off due to an industrial accident that
occurred sometime during the five (5) regularly
scheduled work days prior to the Holiday, or if,
(C) they are off due to a bonafide illness covered by a
doctor's certificate, or other evidence of illness
which occurred sometime during the five (5) regularly
scheduled work days prior to the Holiday, or if,
(D) they are off for any other absence excused by the
Employer, providing the excused absence commenced
sometime within the five (5) regularly scheduled work
days prior to the Holiday.
20.7 HOLIDAYS ON SATURDAY OR SUNDAY: If a Holiday set forth above
falls on a Saturday, the preceding Friday shall be observed as
the Holiday. If a Holiday set forth above falls on a Sunday,
the following Monday shall be observed as the Holiday.
Existing Holidays whose dates are changed by Congressional Law
shall be changed in this Article.
20.8 HOLIDAY DURING VACATION: When a paid Holiday occurs during an
employee's approved Vacation period, the employee shall
receive Holiday pay as provided in this Article and is
entitled to take another day of Vacation at his discretion, if
arrangements to do so are made in advance with the Employer.
It is the intention of the Parties that earned Vacation days
are not to be forfeited in this situation.
20.9 WORK ON ANY HOLIDAY: An employee who qualifies for Holiday pay
under ARTICLE 20.3, 20.4 AND 20.5, who works on a Holiday
listed under ARTICLES 20.1 and 20.2, shall be compensated in
accordance with the overtime provisions of this Agreement in
addition to such Holiday pay. An employee who does not qualify
for Holiday pay, but who works on any such Holiday, shall be
compensated in accordance with the overtime provisions of this
Agreement as described in ARTICLE 17.
20.10 TARDINESS AND EARLY LEAVES: Employees' requests for early
leaves on the day before the Holiday or tardiness on either
the day before or after the Holiday shall be considered on the
merits of each individual case and the "Rule of
Reasonableness" will apply.
20.11 LAID OFF: The term laid off shall mean actual written
termination by the Employer.
22
20.12 "STAND-BY" OR "ON THE HOOK" STATUS: Such employees are not on
layoff status, as defined, but requested to stand-by for
recall to work, and shall be considered to be an active
employee of the Employer during this period.
20.13 FAILURE TO REPORT: If an employee is scheduled to work on any
Holiday and fails to report for work, except where such
failure to report is due to one of the reasons listed in
ARTICLE 20.3 or 20.4 above, he shall not be entitled to
Holiday pay for that Holiday.
ARTICLE 21. VACATIONS
21.1 All employees covered by this Agreement who have seniority
shall receive vacations with pay. For the purpose of vacation
pay, employees covered under the I.B.E.W. shall be considered
to have seniority in accordance with and as defined in ARTICLE
15. of this Agreement.
21.2 COMPUTATION OF VACATION PAY: Vacation pay shall be computed at
the following percentages of the actual hours worked (except
as to second and third shifts) multiplied by the employee's
established straight-time hourly rate (exclusive of shift
premiums) being received by the employee calculated on a daily
basis and accumulated until the vacation is paid. Vacation pay
will be treated separate from other types of pay and wages for
the purpose of withholding taxes except in the case of
termination.
EFFECTIVE JULY 1, 2000:
(A) FIRST YEAR PERIOD: Three (3%) percent as computed
above.
(B) SECOND YEAR PERIOD: Three and one-half (3-1/2%)
percent as computed above.
(C) THIRD YEAR PERIOD: Four (4%) percent as computed
above.
(D) FOURTH YEAR PERIOD: Four and one-half (4-1/2%)
percent as computed above.
(E) FIFTH YEAR PERIOD: Five (5%) percent as computed
above.
(F) SIXTEENTH YEAR PERIOD AND THEREAFTER: Seven (7%)
percent as computed above.
21.3 EFFECTIVE JULY 1, 2001 vacation pay for ten (10) years through
fifteen (15) years of service will be paid at five and
one-half (5-1/2%) percent.
21.4 To advance from one (1) year period percentage to the next
higher percentage, as above provided, an employee is required
to accumulate one thousand (1,000) hours or more in the employ
of the Employer in any vacation year. Years of
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Service need not be consecutive regardless of method of
termination. Time lost due to industrial accident not to
exceed six (6) months shall be credited at the rate of forty
(40) hours per week toward the minimum one thousand (1,000)
hours advancement requirement as described above.
21.5 Vacation periods or vacation pay are not cumulative from year
to year and the vacation shall be taken at the time mutually
agreeable between the Employer and the employee.
21.6 It is understood and agreed by the signatory Parties that
vacation pay accrued shall be paid to qualified employees upon
termination, unless requested otherwise by the employee.
ARTICLE 22. GRIEVANCES, COMPLAINTS & ARBITRATION
22.1 The grievance procedure shall be as follows:
STEP 1. VERBAL PROCEDURE
No matter shall be considered a grievance until it is first
taken up verbally by the employee and/or the Shop Xxxxxxx with
the General Xxxxxxx or Support Superintendent who will attempt
to settle the matter. If the alleged grievance is not settled
within two (2) working days, it shall be reduced to writing
and processed directly into STEP 2., at which time it is
considered an official grievance and subject to the time
limits set forth herein.
STEP 2. WRITTEN GRIEVANCE
The Shop Xxxxxxx shall take up the grievance with the General
Xxxxxxx or Support Superintendent who will attempt to adjust
the grievance, and the Employer will render a decision in
writing within three (3) working days from the time of its
presentation to the General Xxxxxxx or Support Superintendent.
When an unsatisfactory answer is received, the grievance may
be referred to STEP 3. in writing. If the grievance is
unanswered at the expiration of three (3) working days, the
grievance shall automatically be referred to STEP 3.
STEP 3. BUSINESS REPRESENTATIVE AND MANAGEMENT
The Business Representative or authorized Union Representative
(not a Shop Xxxxxxx) and a designated representative of the
Employer, authorized to handle such matters, shall meet within
five (5) working days. The Employer shall render an answer
within five (5) working days after such meeting. When an
unsatisfactory answer is received, or if the grievance is
unanswered within the above time limit, either party may refer
the grievance to the Grievance Review Committee. The parties
may bypass STEP 4. by mutual agreement and submit the
grievance to arbitration. The decision for either submission
to the Grievance
24
Review Committee or arbitration must be made in writing within
five (5) working days.
STEP 4. GRIEVANCE REVIEW COMMITTEE
There shall be a Committee known as the Grievance Review
Committee comprised of two (2) Employer Representatives and
two (2) Union Representatives. The Union and Employer
representatives shall be selected by the Unions and the
Employer respectively.
The Grievance Review Committee shall review the cases
presented to it, investigate the circumstances and facts, hear
testimony and question witnesses. The decision of the majority
of the Grievance Review Committee shall be final and binding
on the Employer and the Unions. Such decisions shall be
limited to interpretation and application of the express terms
of this Agreement and shall not change or add to any of its
terms or conditions. All decisions rendered by the Grievance
Review Committee shall be without prejudice or precedent value
whatsoever to either party. The decision shall be rendered in
writing within three (3) days from the time of presentation to
the Grievance Review Committee, and shall specify the
effective date of the decision.
STEP 5. ARBITRATION
(A) Upon written request for arbitration of a grievance,
the Employer and the Union shall choose a mutually
acceptable impartial arbitrator within five (5)
working days.
(B) In the event that agreement cannot be reached on an
impartial arbitrator within the time limit set forth
in (A) above, the Federal Mediation and Conciliation
Service shall be requested to submit a panel of five
(5) established arbitrators from the State of
California. Both the Employer and the Union shall
have the right to strike two (2) names from the
panel. The remaining name on the panel shall
automatically become the arbitrator. This selection
of the arbitrator shall be made within ten (10)
working days after receipt by the parties of the list
of arbitrators. The selection of an arbitrator so
made will be equally effective as if made directly by
the parties hereto.
(C) The decision of the arbitrator shall be final and
binding on the Employer and the Union. Such decision
shall be limited to the interpretation and
application of the express terms of this Agreement
and shall not change or add to any of its terms and
conditions. In his decision, the arbitrator will
specify whether or not the decision is retroactive
and the effective date thereof.
25
(D) Awards or settlements of grievances may or may not be
retroactive as the equities of each case demand, but
in no event shall any arbitration award be
retroactive beyond thirty (30) calendar days prior to
the date on which the grievance was first presented
to the Employer, unless agreed to by both parties;
provided, however, that this provision shall not have
any application to grievances pertaining to the
payment of either the fringe benefits provided for in
this Agreement or the wage scales for the various
classifications set forth in SCHEDULES "A" AND "B" of
this Agreement.
22.2 GENERAL RULES
(A) The expenses authorized and incurred by the
arbitrator shall be borne equally by the parties.
(B) Time limits may be extended by mutual agreement
between the parties.
(C) In the event the Union, as such, has a grievance, the
grievance shall be processed directly into STEP 3.
(D) Any complaint, dispute or grievance not brought up,
or carried forward to adjustment or arbitration, as
provided for in this Article shall, unless the
parties otherwise agree, be regarded as waived.
(E) All grievances must be filed within five (5) working
days from the date the employee, employees or the
Union first acquired, or by ordinary observation
should have acquired, knowledge of the fact or facts
upon which the grievance is based. No employees shall
refuse to work or otherwise curtail production or
engage in any slowdown or interfere with the
Employer's operation because of any complaint,
dispute or grievance which he may have.
(F) If the Employer has any complaint, dispute or
grievance with any Union or any employee covered by
this Agreement, the Employer shall likewise avail
itself of any or all of the foregoing grievance
procedural steps.
ARTICLE 23. SUBSTANCE ABUSE PROGRAM
23.1 The Parties are committed to a drug and alcohol free
workplace. The Parties recognize that substance abuse by an
employee performing work can have an adverse effect upon the
employee's ability to perform and can expose the employee,
fellow employees, the public and the Employer to risk. To
minimize this exposure, the following guidelines are
developed.
(A) Create a work environment free from the effects of
employees impaired by the use of alcohol and drugs,
through the use of pre-hire, random, and for cause
testing.
26
(B) Prohibit the unauthorized possession, use or
distribution of alcohol-containing beverages and
drugs within the work environment.
(C) Provide for an assistance program for employees,
whose personal problems affect their ability to
perform their duties.
(D) Comply with the provisions of the Drug Free Workplace
Act of 1988 and the Federal Acquisition Resolution
Interim Rule implemented by the Department of
Defense.
23.2 There shall be a Drug and Alcohol Testing Policy, dated
January 25, 1999 incorporated and attached hereto as part of
this Agreement.
ARTICLE 24. STRIKES AND LOCKOUTS BARRED
24.1 There shall be no lockouts on the part of the Employer nor
shall there be an suspension of work on the part of the
employees. This Agreement is a guarantee that for its duration
there will be neither strikes nor lockouts, and that all
complaints, grievances or disputes arising under its
provisions will be settled pursuant to its grievance
machinery, ARTICLE 22. "GRIEVANCES, COMPLAINTS & ARBITRATION".
ARTICLE 25. SAVINGS CLAUSE
25.1 Should any part hereof or any provision herein contained be
rendered or declared invalid by reason of any existing or
subsequently enacted legislation or by any decree of a court
of competent jurisdiction, such invalidation of such part or
portion of this Agreement shall not invalidate the remaining
portions hereof provided, however, upon such invalidation the
Parties agree immediately to meet to negotiate such parts or
provisions affected. The remaining parts or provisions shall
remain in full force and effect.
ARTICLE 26. EFFECTIVE DATE AND DURATION OF AGREEMENT
26.1 This Agreement shall become effective July 1, 2000 and shall
continue in full force and effect through June 30, 2002, and
shall continue thereafter from year to year unless, at least
sixty (60) days, but no more than ninety (90) days, prior to
the 30th day of June 2002 or the 30th day of June of any
subsequent year, either Party shall serve written notice to
the other of its desire to amend, modify, or terminate this
Agreement.
26.2 If either Party notified the other as above provided,
representatives of the Employer and the Unions shall meet and
shall negotiate such proposed changes without unnecessary
delay.
26.3 All existing practices, customs, understandings or local
agreements of interpretation, or other local agreements of any
nature whatsoever, whether
27
expressly covered by this Agreement or otherwise, will
continue in effect unchanged until June 30, 2002, except as
specifically modified as provided herein or by mutual
agreement between the Parties.
ARTICLE 27. EVALUATION
27.1 An Evaluation Development Committee will be formed to
determine the criteria for pay levels, the methodology for
reviewing demonstrated skill and ability of employees at
various pay levels agreed to herein.
Each employee will be evaluated on a periodic basis as agreed.
New employees shall be initially evaluated by Management. The
Evaluation Development Committee composition shall be
determined by the Labor Management Committee.
27.2 There shall be Craft Evaluation Boards that will evaluate
employees as determined by the Evaluation Development
Committee. The Craft Evaluation Boards Composition may include
representatives of company supervision and the workforce.
Craft Evaluation Boards determinations shall be made in
writing and dated.
27.3 The exclusive right of appeal of any and all decisions of the
Craft Evaluation Boards shall be to the Appeals Board. The
Appeals Board composition shall be determined by the Labor
Management Committee. All appeals shall be made in writing,
shall state all the reasons for the appeal. Appeals shall be
submitted to the HR Department within five (5) working days of
the Craft Evaluation Boards decision on placement. The Appeals
Board shall hear the appeal within ten (10) working days of
receipt of the written appeal. The exclusive remedy to be
granted by the Craft Evaluation Board shall be either: a) to
affirm the Review Board decision on placement, or b) to
reverse the Review Board decision and grant a different
placement. In no event shall back pay be awarded from the time
of Craft Evaluation Board placement. All decisions of the
Appeals Board shall be final and binding on all parties.
27.4 Either Management or the employee can request an evaluation of
that employee at periodic intervals, as established by the
local Labor Management Committee.
ARTICLE 28. TRAINING
28.1 In order to ensure that an adequate supply of competent,
skilled journeymen be available, it is agreed that continuing
training programs be established. Each Union at the request of
the Employer shall participate in establishing a Joint
Labor/Management Training or Apprenticeship Committee
(hereafter for this Article called "Committee") for the
purpose of establishing and implementing viable marine related
training programs for trainees or apprentices and for
journeyman upgrade.
28
28.2 EFFECTIVE JULY 1, 2000, Employer contributions for training
shall cease. Thereafter, any craft training needing funding
shall be funded directly by the Employer. The decision to
directly fund any craft training shall be at the sole
discretion of the Employer.
28.3 Training money currently exists in the San Francisco Shipyards
Training Trust Fund. This is pooled training money without a
specific craft designation. No craft training program shall
have any specific right to the pooled training money
contributed on behalf of employees of a specific craft.
Distribution of the training money shall be at the sole
discretion of the Trustees based upon the overall industry
training needs and the specific financial needs of each
training program. No craft training program shall be eligible
for training funds unless it has an established Committee.
Such Committee shall be established by written agreement and
include the make-up and function of the Committee and the
general guidelines for implementation of the training
program(s). All requests for training funds must be made by
the Committee. These requests must provide appropriate
documentation and be signed by the Chairman or Co-Chairman.
28.4 The Employer and the Unions agree to work with the San
Francisco Community in development of journeyman upgrade and
training programs.
28.5 Trainees shall be fully productive. The ratio of trainees to
journeymen shall be no greater than 1 to 4 for each seniority
classification. For the purpose of this provision only, the
term journeymen shall be interpreted as all bargaining unit
employees within a classification, except the General Xxxxxxx.
Trainees shall progress through the levels set forth below
based on the time specified and skill, ability and experience.
Existing mutually agreed upon training programs that have
shorter training time frames shall remain in effect until
mutually agreed otherwise.
Level I - 60% of Journeyman rate/12 Months
Level II - 70% of Journeyman rate/12 Months
Level III - 85% of Journeyman rate/12 Months
100% of Journeyman rate will be paid after 36 months
28.6 The Employer and Unions recognize that the work involved in
the ship repair industry entails many non-traditional skills
for females. Because of this, the current availability of
females with requisite skills in the ship repair industry
labor pool is highly restricted. In order to help alleviate
this situation, the Employer and the Unions agree to work
together to maximize the opportunities provided by training
programs implemented pursuant to the provisions of this
Article as a means to bring more females into the ship repair
industry.
28.7 In addition, the Employer and the Unions agree to work
together to maximize the opportunities for minorities to
participate in these training programs.
29
28.8 For the purpose of vacation pay, holiday pay and jury pay
only, trainees and apprentices will be considered to have
seniority in accordance with and as defined in ARTICLE 15.
28.9 The bargaining parties may choose by mutual agreement to
utilize any excess training money in the San Francisco
Shipyard Training Trust, after paying for closure of the San
Francisco Shipyards Training Center and its training facility
located at Pier 70.
ARTICLE 29. LABOR MANAGEMENT COMMITTEE
There shall be a Labor Management Committee to oversee the
operation of this Agreement.
30
-----------------------------------------------------------------------------------------------
SCHEDULE "A"
-----------------------------------------------------------------------------------------------
Level Wage Wage H&W H&W Pen. Pen.
No. Classification Rate Rate Rate Rate Rate Rate
7/1/00 7/1/01 7/1/00 7/1/01 7/1/00 7/1/01
-----------------------------------------------------------------------------------------------
1 Utility Worker $ 9.50 $ 9.75
$14.00 $14.25 $2.53 $2.68 $1.50 $1.50
-----------------------------------------------------------------------------------------------
2 Journeyperson $18.00 $18.50 $2.53 $2.68 $1.50 $1.50
-----------------------------------------------------------------------------------------------
3 Craftsperson $19.50 $20.00 $2.53 $2.68 $1.50 $1.50
-----------------------------------------------------------------------------------------------
4 Master
Craftsperson $21.00 $21.50 $2.53 $2.68 $1.50 $1.50
-----------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------
SCHEDULE "B"
-----------------------------------------------------------------------------------------------
Level Wage Wage H&W H&W Pen. Pen.
No. Classification Rate Rate Rate Rate Rate Rate
7/1/00 7/1/01 7/1/00 7/1/01 7/1/00 7/1/01
-----------------------------------------------------------------------------------------------
I Apprentice &
60% Trainee $10.80 $11.10 $2.53 $2.68 $1.50 $1.50
-----------------------------------------------------------------------------------------------
II Apprentice &
70% Trainee $12.60 $12.95 $2.53 $2.68 $1.50 $1.50
-----------------------------------------------------------------------------------------------
III Apprentice &
85% Trainee $15.30 $15.73 $2.53 $2.68 $1.50 $1.50
-----------------------------------------------------------------------------------------------
NOTES TO SCHEDULES "A" AND "B"
1. All seniority workers will be given priority over
non-seniority workers within the terms of ARTICLE 6 of this
Agreement.
2. The above rates are minimums only.
3. Wage and fringe rates listed are subject to individual Local
Union allocations per ARTICLE 18.
4. No more than 30% of the workforce shall be paid at below
Journeyman scale. Basis of payment of employees within the
Utility Worker range has been developed by the yard Labor
Management Committee. (See Utility Worker procedure dated
October 6, 1996.)
No less than 25% of the workforce shall be paid at the
Journeyman level.
No less than 30% of the workforce shall be paid at the
Craftsman level.
No less than 5% of the workforce shall be paid at the Master
Craftsmen level.
31
5. Apprentice/Trainee rates will continue under the guidelines of
existing Apprenticeship/trainee Program Agreements.
Laggers, while engaged in the installation or removal of
asbestos and fiberglass, shall receive sixty-five ($0.65)
cents per hour in addition to their applicable rate of pay.
DRUG AND ALCOHOL TESTING POLICY
The Company is committed to providing a safe, healthy and productive
work place. The Company recognizes that substance abuse by an employee
performing work can have an adverse effect upon the employee's ability
to perform and can expose the employee, fellow employees, the public
and Company to risk. To minimize this exposure, the following
guidelines were developed.
The goals of the Company's Alcohol and Drug Policy are as follows:
a) Assure employees are fit for duty and able to conduct business
in a safe, productive and healthy manner;
b) Create a work environment free from the effects of employees
impaired by the use of alcohol or drugs;
c) Prohibit the unauthorized possession, use, or distribution of
alcohol-containing beverages and drugs within the work
environment;
d) Provide for an assistance program for employees whose personal
problems affect their ability to perform their duties;
e) Comply with the provisions of the Drug-Free Workplace Act of
1988 and the Federal Acquisition Resolution Interim Rule
implemented by the Department of Defense; and
f) Comply with SeaRiver Maritime, Inc. (SRM) contractor drug and
alcohol guidelines.
All employees shall be subject to the following substance abuse
requirements:
A) PRE-HIRE TESTING
It is understood that Drug and Alcohol testing will be part of
the pre-hire program. Any applicant who has failed the
Employer's pre-hire test is not eligible for hire until such
time as they pass the pre-hire test. Any subsequent pre-hire
tests will be administered by the Employer and shall be at the
applicant's expense.
32
B) FOR CAUSE TESTING
All employees shall be subject to alcohol and drug tests for
the following reasons:
1) Anytime there is suspicion of alcohol or drug use,
possession (including paraphernalia) or impairment.
2) Anytime an incident/accident (post incident) occurs.
Those employees involved in the above circumstances will be immediately
ineligible to perform work. An employee shall only be eligible to
return to work when the employee is tested and passed all applicable
standards, provided the test takes place immediately following the
removal of the employee from the work location.
Employees involved in "for cause" testing shall have the right to have
a shop xxxxxxx present during the investigation and actual alcohol and
drug testing process.
All employees shall be subject to the following substance abuse testing
requirements:
C) PRE-ACCESS TESTING
No employee will be permitted to perform work for SRM unless
the employee has passed a pre-access alcohol and drug test
within the twelve (12) month period immediately prior to
commencing SRM work. Therefore, all employees will be required
to be tested for alcohol and drugs once every twelve months.
D) FOR CAUSE TESTING
All employees while performing SRM work shall be subject to
alcohol and drug tests for the following reasons:
1) Anytime there is a suspicion of alcohol or drug use,
possession (including paraphernalia) or impairment.
2) Anytime an incident/accident (post incident) occurs
where alcohol or drug use could have been a
contributing factor.
Those employees involved in the above circumstances will be
immediately ineligible to perform SRM work. An employee shall
only be eligible to return to SRM work when the employee is
tested and passes all applicable SRM testing standards,
provided the test takes place immediately following the
removal of the employee from SRM work.
Employees involved in "for cause testing" shall have the right
to have a shop xxxxxxx present during the investigation and
actual alcohol and drug testing process.
33
Reasonable cause exists when direct observation of specific
physical, behavioral or performance indicators suggest the
probability, or reasonable belief, of use, possession or
impairment and is presumed to exist in the event of an
incident.
E) UNANNOUNCED/RANDOM TESTS
All employees are subject to unannounced/random alcohol and
drug tests. Employees will be tested at a rate equal to at
least 67% of all employees every twelve (12) months.
In order to comply with this unannounced/random testing, the
Company shall require employees working on an SRM contract to
be tested during each ship availability at a rate that if
projected for an entire twelve (12) month period is equal to
67% of the employees (i.e., 100 employees working on a one (i)
month SRM job - during that period, unannounced tests will be
equal to 1/2 x 67% x 100 employees = 6 employees).
All selection of employees for the unannounced/random drug
testing shall be performed by an independent party.
F) If an employee refuses to take drug/alcohol test when
requested under these guidelines, the employee will be
terminated.
G) All testing shall be conducted by a National Institute of Drug
Abuse (NIDA) approved testing laboratory. The detection method
that will be used for all alcohol and drug testing will be
urinalysis. The protocol to be used in the actual testing
shall be as per the attachment.
H) All alcohol and drug testing shall comply with SRM minimum
substance abuse detection levels (see attachment).
I) Any employee who tests positive shall be subject to the
following:
1) Contact the Employer's Employees Assistance Program
(EAP) counselor for assessment of the employee's
substance abuse problem.
2) Sign a "last chance agreement" containing the
following provisions:
a) Employee must submit to random drug/alcohol
testing for a one (1) year period.
b) Any refusal to be tested or a positive test
shall be cause for employee's termination.
c) The employee must comply with the EAP
counselor's recommendations for substance
abuse treatment. Failure to
34
successfully complete the EAP counselor's
recommendation shall be cause for the
employee's termination.
This shall not apply to any employee who fails to pass SRM's minimum
substance abuse detection levels, but is under the Department of
Transportation minimum substance abuse detection levels.
J) All test results shall be treated with confidentiality. This
means that only those individuals necessary to enforce the
above policies shall be informed of the test results.
K) There shall be established a Labor/Management Alcohol and Drug
Testing Committee. This Committee shall be comprised of two
(2) Union representatives appointed by the Bay Cities Metal
Trades Council and two (2) Employer representatives appointed
by the Company. This Committee, acting within the guidelines
established hereinabove, shall have the authority to oversee
the implementation and ongoing application of the entire
alcohol and drug testing program.
L) The above alcohol and drug testing program is being
implemented to satisfy the requirements of SRM and allow the
Company to be eligible to bid on their repair contracts.
Therefore, it is acknowledged and recognized as a "make work"
program. In order to further this "make work" program, the
Parties recognize that other customers may in the future
require some form of an alcohol and drug testing program.
Should this occur, the Parties agree to make whatever
modifications to this program are necessary to satisfy the
customer(s). No modifications shall exceed the general alcohol
and drug testing guidelines and limitations set forth herein
without the mutual consent of both Parties.
EXHIBIT I
MINIMUM SUBSTANCE ABUSE DETECTION LEVELS
- Blood Alcohol Content 0.04 g/dl
- Amphetamines, Methamphetamines 1000 ng/ml
- Barbiturates 300 ng/ml
- Benzodiazepines 300 ng/ml
- Cannabinoids/Marijuana 50 ng/ml
- * 20 ng/ml
- Methadone 300 ng/ml
- Methaqualone 300 ng/ml
- Opiates (Codeine, Morphine) 300 ng/ml
- Cocaine Metabolite 300 ng/ml
- Phencyclidine 25 ng/ml
35
- Propoxyphene 300 ng/ml
*Personnel at 20 or more ng/ml will be excluded from work on Sea River
vessels.
36
EMPLOYER: INTERNATIONAL UNIONS:
San Francisco Drydock, Inc.
X.X. Xxx 0000 International Brotherhood of Boilermakers
Xxx Xxxxxxxxx, XX 00000
By: /s/ D. Xxxx Xxxxxx By: /s/ Xxxx X. Yiatts
---------------------------- ------------------
Name and Title: D. Xxxx Xxxxxx,
President & General Manager
Carpenters International
By: /s/ Signature Illegible
----------------------------------------
UNIONS:
The Metal Trades Department of Electric Workers International
the AFL-CIO
BY: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxxxxx X. Xxxxx
---------------------------- ----------------------------------------
The Pacific Coast Metal Trades Laborers International
District Council
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Signature Illegible
---------------------------- ----------------------------------------
Bay Cities Metal Trades Council MACHINISTS INTERNATIONAL
By: /s/ Xxxxxxx X. Xxxxxx By: /s/ Xxxxx Xxxxxxx
---------------------------- ----------------------------------------
Operating Engineers International
By: /s/ Signature Illegible
----------------------------------------
The Painters International
By: /s/ Signature Illegible
----------------------------------------
Sheet Metal Workers International
By: /s/ Signature Illegible
----------------------------------------
Teamsters International
By: /s/ Xxxxx X. Xxxxx
----------------------------------------
United Association of Plumbers International
By: /s/ Xxxxx X. Xxxxxxxxx
----------------------------------------
37
