MEMORANDUM OF AGREEMENT
Agreement made the llth day of September, 1995, between Local 333,
United Marine Division, International Longshoremen's Association, AFL-CIO
("Local 333") and Xxxxx Towing & Transportation Co., Inc, ("Xxxxx")
(collectively referred to as "the parties"),
WHEREAS, in April, 1995, Local 333 and Xxxxx reached an agreement in
principle resolving their outstanding contractual and unfair labor
practice disputes;
WHEREAS, because the National Labor Relations Board did not complete
its review of the settlement of the pending unfair labor practice
proceedings until August, 1995, the parties agreement in principle was not
fully embodied in a Settlement Agreement and Memorandum of Agreement ("the
August MOA") and was not submitted for membership ratification until later
in August, 1995;
WHEREAS, the August MOA was not ratified in part because of the delay
in finalizing and submitting it to ratification thereby delaying the
implementation dates of the various economic improvements, which were to
be effective upon ratification;
WHEREAS, thereafter the parties met to negotiate modifications in the
August MOA designed to address its diminished economic value as a result
of the unforeseen delay in the ratification vote, as referred to above, as
well as to consider other adjustments;
WHEREAS, the parties are desirous of reaching mutually acceptable
modifications and having negotiated hard in that effort;
NOW, THEREFORE the undersigned parties have reached a new agreement
for submission to ratification on the following terms:
1. Except as modified below, the terms and conditions of the August
MOA (inclusive of any side letters) are reaffirmed, adopted and
incorporated herein by reference for a three year term beginning on the
date of ratification.
2. The wage scales shall be modified to provide that the daily rate
scales that were to be effective in year two under the August MOA will be
effective upon ratification of this agreement. The 4% increase in daily
rate scales shall be effective on January 1, 1997. By way of example, the
daily rate for New York Port Area will be increased as follows:
Upon Ratification 1/1/97
Captains $ 283.50 ($270 + 5%) +4%
Mates/Engineers $ 246.75 ($235 + 5%) +4%
Asst Engineers $ 194.25 ($185 + 5%) +4%
A/B Deckhand $ 152.25 ($145 + 5%) +4%
OIS Deckhand $ 147.00 ($140 + 5%) +4%
The other wage scales (e.g., those applicable to barge and tanker crews
and to voyages outside the New York Port Area) shall be adjusted in the
same manner.
3. Xxxxx shall convert its existing pension plan for marine
employees to a defined contribution plan that allows voluntary employee
contributions (commonly and hereinafter referred to as a "401(k) plan").
(a) Xxxxx shall contribute to the pension plan the sum of $1, 000 on
account of each eligible employee for the calendar year 1995.
Said
contribution by Xxxxx shall be made within 30 days after
December 31, 1995. Immediately after the 1995 pension plan
contribution is made, Xxxxx shall convert the pension plan to a
401(k) plan. To the extent permitted by law, the accrued balance
for each individual in the pension plan shall be rolled over
into the 401(k) plan.
(b) Xxxxx shall contribute to the 401(k) plan the sum of $1,000 on
account of each eligible employee for the calendar year
1996. Said contribution by Xxxxx shall be made within 30 days
after December 31, 1996.
(c) Xxxxx shall contribute to the 401(k) plan a sum equal to 4% of
the gross wages, as reported on form W-2, of each eligible employee
for the calendar year 1997. Said contribution by Xxxxx
shall be made within 30 days after December 31, 1997.
(d) Xxxxx shall contribute to the 401(k) plan a sum equal to (1) 4%
of the gross wages, as reported on form W-2, for the calendar
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year 1998 plus (2) an amount equal to 25% of the first $1,000 of
voluntary contributions made to the 401(k) plan by each eligible
employee during the calendar year 1998. Said contribution by
Xxxxx shall be made within 30 days after December 31, 1998.
(e) Eligible employees of Xxxxx shall be permitted to make voluntary
contributions to the 401(k) plan to the extent permitted by law.
The vesting and eligibility requirements, as well as any
allocation of administrative expense, under the 401 (k) plan
shall be no less favorable to the participants than now exists
under the existing pension plan. Xxxxx shall consult with and keep
Local 333 informed concerning the development and
implementation of the 401(k) plan.
(f) The last two sentences of the first paragraph of Article 1,
Section 15b of the August MOA shall continue to apply to the 401(k)
plan.
4. Stony Point shall be substituted for Albany in the description
of the geographical area in Article IV Section 2.c. of the August MOA.
5. Xxxxx shall confirm in a letter addressed to Local 333 "that
during the life of this agreement, Xxxxx will continue to pay, as is its
practice, all its eligible captains a year end vacation allowance of up to
14 days pay at the rate then in effect. Eligibility will be determined in
the same manner currently employed by Xxxxx."
6. Xxxxx will consider former Xxxxx cooks for hire as deckhands
where vacancies exist provided that they are fully able to perform the
required tasks. Xxxxx will be obligated to hire no more than 3 such
cooks.
7. This agreement shall be subject to ratification of the Local 333
membership and shall become effective the day after it is ratified.
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties
hereto.
XXXXX TOWING & LOCAL 333, UNITED MARINE
TRANSPORTATION CO., INC. DIVISION, ILA, AFL-CIO
BY___________________________ BY:
XXXXXXX X. XXXXXXX, PRESIDENT XXXXXX X. XXXXXXXX, PRESIDENT
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MEMORANDUM OF AGREEMENT
Xxxxx Towing & Transportation Co., Inc. ("Xxxxx" or "Employer")
and Local 333, United Marine Division, I.L.A. AFL-CIO ("Union") hereby
agree to the following changes to the parties' expired collective
bargaining agreement.
AGREEMENTS OF GENERAL APPLICATION
(1) Delete the grant of bargaining rights to the "Association"
and all references to the "Marine Towing and Employers' Association" and
modify all language which refers to Association-related items.
(2) Change "Employers" to "Employer" throughout the Agreement.
(3) Change the word "vessel" to "tugboat" throughout the
Agreement unless otherwise agreed.
(4) Delete all provisions relating to self-propelled oil
tankers, self -propelled lighters, and steam tugboats. Should Xxxxx
acquire such vessels and operate such vessels within the geographical area
covered by this agreement, it recognizes Local 333 as the representative
of its crew members and will negotiate terms and conditions of employment.
Barges are covered by the barge agreement.
(5) Delete "Cooks" from the contract.
INTRODUCTORY PROVISIONS
(1) Change the first paragraph to the following:
Agreement made, effective as of September 26, 1995, by
and between Xxxxx Towing & Transportation Co., Inc. ("Employer") and
Local 333, I.L.A., AFL-CIO ("Union") in its own behalf and on behalf of
all licensed and unlicensed personnel employed on the Employer's tugboats,
including Captains.
(2) Delete first WHEREAS paragraph.
ARTICLE I. GENERAL PROVISIONS
Section 1. Application of Agreement
Delete reference to self-propelled lighters. In subsection (e),
delete all references to the "special panel" or "special committee" and
any procedures relating thereto, and substitute language providing for
direct referral to an AAA-designated Arbitrator after the Parties continue
to disagree as per the fourth paragraph at page 4 of the expired contract.
For purposes of Article I, Section 42, and Article IV, Section
1, the term "New York Port area", shall have the same meaning as the term
"Port of New York and Vicinity" as defined in Article I, Section 1 (a) (1)
, of this Agreement, except that the term "New York Port area" shall not
extend to work or ports on the Great Lakes; and it is further understood
that the term "New York Port area" shall not extend to an uninterrupted
run to or from a point south of the north end of Cape May, New Jersey,
including Norfolk, Baltimore and Philadelphia, which run is considered to
be a coastwise run.
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The Employer can subcontract, hire or charter vessels provided:
a) All Employer tugs are working, are laid up for repairs or are
not
suitable for the work (i.e., such matters as size and/or horsepower); and
b) The Employer is not required to break out a tug unless there is
a day's (12 hours) scheduled work for the tug and unless this
scheduled work is known the day before.
Section 2. Contract Signatures
Delete section.
Section 3. Hiring Employees
Delete reference to "Xxxxxxx'x Department. "Add language providing
for a probationary period for new Employees of two complete tours but not
less than 28 work days. In the event the Employer discharges a
probationary employee, the Union shall have the right to discuss the
matter; however, if the parties disagree regarding the discharge, the
Employer's decision will become final and not subject to arbitration.
Section 4. Non-Discrimination
Add "age or disability" only.
Section 5. Union Shop
Change dates, delete words "in good standing" and delete last
sentence of first paragraph and substitute the following: "Thereafter, the
Employer shall advise the Union of the names of all employees who are
newly hired or whose employment has terminated."
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Section 6. Suspension or Discharge
Continue unchanged.
Section 7. Employee Sublect to Orders of Employer's Appointee..
Continue unchanged.
Section 8. Stoppage of Work
Continue unchanged.
Section 9. Lockouts
Modify by substituting the following sentence for the first sentence
of
Section 9:
The Employer agrees that during the life of this Agreement, there
shall be no lockout of the Employees and, upon violation of this
provision by the Employer, this Agreement may be terminated by the
Union.
Section 10. Seniority
Paragraph a. and b. shall be amended to provide as follows:
a. Seniority by Classification-Seniority by classification
shall be controlling in layoffs where fitness and ability
are
relatively equal.
An Employee shall be credited with seniority
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within each classification in which he has worked during his last unbroken
period of service with the Employer. The amount of seniority credit in
each such classification shall be computed from the date of his first
employment in each such classification during his last unbroken-period of
service. Service with Xxxxx shall not be considered broken for employees
who went on strike on February 16, 1988 and returned to work as of the
effective date of this Agreement or in response to an offer of
reinstatement pursuant to the Settlement Agreement between Xxxxx and the
Union dated February 8, 1996. However, returning strikers shall not
accrue seniority for the period in which they were not employed.
If, however, an employee is promoted from one classification to a higher
classification but fails within one year from the date of his promotion to
make good in the higher job, he may return to the classification from
which he was promoted without loss of seniority but, in such case, he will
not retain seniority in the higher classification for the period that he
worked in that classification. The decision by either the Employee or by
the Employer on the competency of the Employee in the higher
classification must be made not later than one (1) year from the time
of the promotion.
b. When an Employee transfers or is promoted from one
classification to another (and continues in unbroken service with the
Employer), in the event such Employee is scheduled to be laid off in
his classification he shall be entitled to replace the least senior
employee in his prior classification if his seniority in such
classification exceeds that of the employee to be replaced.
c. Modify to add: Employer may require physicals of bargaining
unit employees, not more frequently than annually, by licensed
physicians mutually agreed to by Employer and the Union. Employer
may also require random drug/alcohol testing as required by Coast
Guard regulations or in accord with Employer's past practice. The
Company may factor into its determination of relative fitness and
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ability the results of such Company administered physicals and drug
and alcohol tests obtained within the twelve (12) months
prior to the layoff, in accord with Employer's past practice or as
required by Coast Guard regulations.
Paragraphs d. through g.
Continue unchanged except modify the second sentence in paragraph
g(l) as follows:
The Employees of that vessel shall receive Health Insurance coverage
while standing-by.
In paragraph g(2) after the words "he is to stand-by on call", delete
the rest of this paragraph and substitute the following:
may exercise his rights of seniority after 21 calendar days. These
Employees shall receive Health Insurance coverage while
standing-by.
Delete the second paragraph of g(2). Delete paragraph g(5).
Subsection h. Rehiring by Seniority
Continue unchanged.
Subsection i. Seniority Review
Delete references to "Quick Settlement Committee" and "Review Board."
Subsection j.
Delete.
Section 11. Laws, Rules and Regulations
Continue unchanged except delete references to the "Adjustment
Committee" and substitute "the parties".
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Section 12. Existing Wages and New Personnel
Delete, and substitute the following: Employer shall not reduce
the wage rates of covered employees who are paid at wage rate in excess of
the daily wage rates set forth in Article IV, Section 1.
Section 13. Explosives Clause
Delete.
Section 14. Sanitation Towing Crew Change
Delete.
Section 15. Insurance and Pension
a. Insurance
Delete the entire section and substitute the Employer Plan
currently in place for vessel employees and currently administered by the
Employer. A copy of the insurance plan is attached hereto, as Attachment
A. Bargaining unit employees shall pay any adjustment in premiums during
the life of the Agreement as may be required of all other participants in
that Plan, provided, however, that Employer shall not require bargaining
unit employees to increase their contribution by more than $100 for
individual coverage and $200 for family coverage in each of the second and
third years of the agreement. There
shall be no waiting period for former Xxxxx employees who return pursuant
to the settlement agreement.
b. Pension
Delete the entire section and substitute the Employer
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Plan currently in place for vessel employees. A copy of the summary plan
description is attached hereto, as Attachment B. Former Xxxxx employees
reinstated pursuant to the settlement agreement shall be eligible for
pension coverage without a waiting period.
Eligible Employees who are no longer employed by the Employer on December
31 will be sent the contribution check directly by the Employer.
Employer contributions shall not be reduced during the first year of
the agreement.
In the event the Employer thereafter reduces or eliminates contributions
under the Plan, then the Union shall be entitled to a reopener to
negotiate for the same contributions previously made, and in the event the
parties fail to agree, the issue shall be decided through interest
arbitration.
Section 16. Compensation for Loss of Effects
Continue unchanged.
Section 17. Watching
Delete current provision and substitute the following: When
ordered to
watch a vessel, a crew member shall receive a day's pay for a 24 hour
watch. In the event
multiple tugs are tied up in the same facility the Employer may assign two
men to watch
three tugs.
Section 18. Riding Barges
Delete.
Section 19. Shoveling Grain (Barges)
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Delete.
Section 20. Pyramiding Overtime
Delete.
Section 21. Holidays
Modify to provide for five holidays to be paid at an additional
day's pay for each Employee who works on the holiday. The five holidays
shall be New Year's Day, Memorial Day, July 4th, Thanksgiving and
Christmas Day.
Delete second and third and fourth paragraphs, add following for
fourth paragraph:
"If a holiday falls on a Saturday and a vessel is not working
that day, then the holiday, as to that vessel, shall be celebrated the
previous Friday. If a holiday falls on a Sunday and a vessel is not
working that day, then the holiday, as to that vessel, shall be celebrated
the following Monday. If, however, the vessel is working on a holiday
falling on Saturday or Sunday, the holiday shall be celebrated on that
day."
Section 22. Vacations
Delete.
Section 23. Benefits Schedule
Delete.
Section 24. Maintenance and Cure
Continue unchanged.
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Section 25. Fitness for Duty
Continue unchanged.
Section 26. Linens and Towels
Continue unchanged.
Section 27. Telephone Calls
Continue unchanged.
Section 28. Yard Time
Change "regular rate of pay" to "day rate", change allowance to
$8.50 in year one; $9.00 in year 2; $9.50 in year 3."
Section 29. Interdepartmental Work
Delete.
Section 30. Licensed Officer Painting Etc.
Delete and replace with the following:
Licensed officers shall be required to soogee, chip or paint the
vessel or perform other maintenance work only while the tug is not under
way and only after they have had six hours of unbroken rest immediately
preceding such work, and in no event on Saturdays, Sundays, or holidays.
Section 31. Maintenance and Cleaning
Delete and replace with the following:
Painting, maintenance - Employees shall be required to soogee,
chip or paint the vessel or perform other maintenance work (other than
cleaning) only between the hours of 8:00 A.M. to 5:00 P.M. during
weekdays, and in the case of unlicensed employees from 10:00 A.M. to 2:00
P.M. on Saturdays. Such work shall not be required on Sundays or
holidays. Chipping shall be performed only during the hours of 12 Noon to
5:00 P.M.
Sanitary Work - Such as cleaning quarters, toilets and
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washrooms, shall be done on Saturdays between 8:00 A.M. and
noon, and between 8:00 A.M. and 10:00 A.M. on Sundays and
Holidays. On all other days of the week sanitary work shall be
done between 6:00 A.M. and 8:00 A.M.
Section 32. Handling Lines
Delete.
Section 33. Docking and Undocking Ships
In docking and undocking ships, if a deck hand off watch is
required to handle ship's, lines, such deck hand shall be paid $48 for all
such work with respect to the ship. In such event, time worked handling
lines shall not be included in calculating overtime.
Section 34. Refrigerators
Continue unchanged.
Section 35. Readying Diesel
Delete.
Section 36. Grub Checks
Continue unchanged.
Section 37. Shopping for Grub
Change "xxxx" to "the crew designated by the Captain."
otherwise, the
paragraph is unchanged.
Section 38. Area Pilotage
Delete.
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Section 39. Xxxx'x Overtime and Premium
Delete.
Section 40. Bidding for Jobs
Continue unchanged.
Section 41. Mailed Paychecks
Continue unchanged.
Section 42. Overtime
Delete and replace with the following:
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For work in the New York Port area and with respect to coastwise
towing of oil barges and Blue Circle Cement barges onlv.
The regular work day shall be twelve (12) hours. If an employee
works more than one (1) hour off watch or is broken-out off watch
three (3) or more times, he shall be paid at straight-time rates for
all time worked off watch in one-half (1/2) hour increments. An
employee shall not, however, be entitled to such overtime pay unless
the Captain approves the work off-watch as set forth above. Except
as provided in the next paragraph the Employer shall not alter an
employee's work day to avoid the payment of overtime in accord with
this section.
The normal hours of work for the engineer shall be either 12
consecutive hours per day or 12 hours broken into two six-hour
shifts. Once an engineer's work schedule has been established it
shall not be changed for that tour of duty except for the purpose of
synchronizing the engineer's schedule with that of outside personnel
aboard the tug for the purpose of facilitating repairs or fueling.
On any day that the engineer is required to work overtime for any
reason, then, notwithstanding the first paragraph of Section 42, his
overtime pay shall commence after twelve hours on watch.
For coastwise towing, excerpt towing of oil barges and Blue Circle
Cement barges.
The overtime provisions applicable to New York Port area work shall
apply with the following exceptions:
1. overtime shall be paid only for work in excess of fifteen (15)
hours in any calendar day (midnight to midnight), at
straight-time rates in one-half (1/2) hour increments.
2. The Captain shall not be entitled to overtime. The Engineer
shall be entitled to overtime if there is no Assistant
Engineer on board; he shall not be
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entitled to overtime if there is an assistant Engineer on board.
Section 43. Company Travel Time
Change "8 hours pay" to "one day's pay."
Section 44. Mud and Garbage Scale
Delete.
Section 45. Bareboat Chartering
Delete all language after first sentence.
Section 46. Service Letters
Continue unchanged.
Section 47. Carfare to Discharged Employees
Continue unchanged.
Section 48. Transfer - Notice to Union
Continue unchanged.
Section 49. Committee on Safety, Training and Licensing
Modify to provide for the establishment of a Committee comprised
of two representatives of the Employer and two representatives of the
Employees, which shall make non-binding recommendations that are not
subject to the grievance and arbitration machinery. Delete reference that
Employer representatives must be "high level."
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Section 50. Payment of Medical Costs for Service Disability
Delete.
ARTICLE II. ADJUSTMENTS AND ARBITRATION OF DISPUTES
Section 1. Informal Settlement
Continue unchanged except add a provision requiring that the
Employer
and Union shall meet within 72 hours of the time the Employer is notified
of the filing of the grievance in an attempt to resolve the dispute or
grievance. The grievance is not waived if the parties are unable to meet
within this 72 hours.
Section 2. Ouick Settlement Committee
Add a new provision with respect to selection, assignment and
discipline of tug captains, as follows:
(1) If the Union disputes management's selection of captains
for openings within the Employer's fleet or the assignment of
captains within the fleet, or the demotion of a captain to mate,
then it shall be entitled to discuss the matter with a
high-level representative of management, but shall not be
entitled to grieve or arbitrate management's decision.
(2) If a captain is discharged, suspended, or otherwise
disciplined, except for demotion to mate, the Union shall be
entitled to grieve and arbitrate management's action, and the
usual "just cause" standard shall apply.
(3) In the case of demotion of a captain to mate, if a
captain's vacancy arises more than six months after the
demotion, the Company will in good faith consider reinstating
the demotee to the position of captain.
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Section 3. Arbitration
Delete references to Quick Settlement Committee and change the
last
sentence of paragraph (a) to "within thirty (30) days of the date the
Parties agree not to settle the grievance or the grievance is waived."
ARTICLE III
The Employer may operate up to three day boats per day with a
three-man crew (captain, engineer, and deck hand), not to exceed twelve
(12) hours per day. Crew members on a day boat shall be paid on an hourly
basis; the hourly rate for each classification shall be determined by
dividing the daily Harbor rate for that classification by twelve. The
minimum pay per calendar day on a day boat shall be twelve (12) hours of
pay. Employees will be paid the straight time hourly rate for all time
worked in excess of twelve (12) hours.
ARTICLE IV
Change title of this Article to "WAGES, XXXXXXX AND WORKING
CONDITIONS." Delete entire Article and substitute the following:
Section 1.
a. Daily Wages for Twenty-Four Hour Boats
The daily wage rate for New York Port area work and for
coastwise towing of oil barges and Blue Circle Cement barge
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shall be as follows:
Rank Year 1 Year 2 Year
Captain - N.Y. Port Area $270 +5% +4%
Captain - Coastwise Oil
and Blue Circle Cement 275 +5% +4%
Licensed Mate 235 +5% +4%
Asst. Engineer 185 +5% +4%
Engineer 235 +5% +4%
Deckhand - A/B 145 +5% +4%
- O/S 140 +5% +4%
Year 1 rates shall be effective the first payroll period
after ratification of this agreement. Year 2 shall be effective one year
later. Year 3 rates shall be effective two years later.
b. The daily wage rate for coastwise towing, except for
towing of oil barges and Blue Circle Cement barges and the coal run to the
Bridgeport, Connecticut area, shall be as follows:
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Rank Year 1 Year 2 Year
Captain $265 +5% +4%
Mate 220 +5% +4%
Second Mate 190 +5% +4%
Chief Engineer 220 +5% +4%
Asst. Engineer 180 +5% +4%
Deckhand - A/B 125 +5% +4%
- O/S 110 +5% +4%
Utility 135 +5% +4%
C. The daily wage rate for the tug towing a coal barge on
the run to the Bridgeport, Connecticut area shall be as follows:
Rank Year 1 Year 2 Year
Captain $270 +5%. +4%
Mate 227.50 +5% +4%
Second Mate 190 +5%. +4%
Engineer 227.50 +5% +4%
Asst. Engineer 182.50 +5% +4-%
Deckhand - A/D 135 +5% +4%
- O/S 125 +5% +4%
d. New deckhands, i.e., those that have not previously been
employed by Xxxxx, shall be paid at the following wage rate for their first
seventy-five (75) working days.
00
Xxx Xxxx Xxxx xxxx work and coastwise oil and
Blue Circle Cement towing
A/B $120
O/S 110
Coastwise towing, except for towing oil
barges and Blue Circle Cement barges
A/B $110
O/S 110
Section 2. Xxxxxxx
a. Except as provided in this Section 2 (c) below,
xxxxxxx on each automated tugboat shall consist of 1 captain, 1 mate, 1
engineer, and 2 deckhands. Docking pilots, unless they function as captain
or mate, will not be considered part of the crew for purposes of
satisfying xxxxxxx requirements.
x. Xxxxxxx on each non-automated tugboat shall
consist of 1 captain, 1 mate, a chief engineer, 1 assistant engineer and 2
deckhands.
c. Two (2) tugs when engaged solely in work in New
York Harbor, may be manned with four persons--a Captain and three crew
members as specified in subsection below. The New York Harbor means, for
purposes of this Section 2-c and of Article XII, the geographic area from
Execution Rock on the east to Albany (below the Locks) on the North to the
line between Xxxxx Hook and Rockaway Point on the South.
If the Company chooses to take advantage of this provision, it will name
the tugs at least one complete tour in advance. Once a year, the Company
may substitute different
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tugboats to be operated with a Captain and three crew members as specified
in subsection
(i) below under the same restrictions provided herein. If during the
course of a year, the Company requests a replacement of one of the four
person tugboats due to the retirement, sale, mothballing or major repair
of a tugboat, the Union will grant such a request.
For each tugboat operated with a Captain and three
crew members, the following will apply:
(i) Wages for the crew will be increased as
follows:
captain by $25 per day; engineer/deck hand by $25 per day; deck hand and
mate by $15 per day each. This increase in wages shall be fixed for the
term of this Agreement and will not be increased from year to year.
(ii) Where a tugboat begins a tour with a five
person crew (a Captain and four crew members), that tugboat will remain as
a five person tugboat for the remainder of the calendar week.
(iii) Where a tugboat begins a tour with a four
person crew (a Captain and three crew members as specified in subsection
(i)), that tugboat may increase crew size to a five person crew (a Captain
and four crew members). The pay rates will be adjusted to the contractual
rate for a five person crew (a Captain and four crew members) and the
tugboat will remain with a five person crew (a Captain and four crew
members) for the duration of the calendar week.
(iv) Where the fifth crew member is required
to travel to or from the tugboat, his travel expenses will be paid if not
otherwise reimbursed pursuant to another provision of the agreement.
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Section 3. Specific Working Conditions
a. Grub Money
Grub money shall be paid at the following rates
to all tugboat and launch crew members:
Year 1 - $ 9.00 per day
Year 2 - 9.50 per day
Year 3 - 10.00 per day
b. Twenty-Four Hour Operation
Tugboats in this group to be operated 24 hours
per day.
c. Split Time
The Employer shall pay not less than one full
day's pay to any Employee, that is, there shall be no split time. Except
on crew change day, an Employee shall receive a full day's pay if he works
(including being aboard the vessel off watch) for any portion of a
calendar day, that is, from midnight to midnight. On crew change day, the
Employee boarding the vessel shall receive a full day's pay; the Employee
leaving the vessel will not be paid for that day.
d. Designated Place to Tie Up
The Employer may have up to 3 tie-up
locations in New York Harbor which shall be interchangeable for the
Employer's equipment. The Employer may change the location of its tie-up
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points upon notice to the Union. The Employer may add additional tie-up
locations, in excess of three, with the Union's consent.
e. Carfare
Whenever, if it is legally possible, a crew
member is given time off, with the permission of the Master, the Employer
will, not more frequently than once in thirty (30) days, upon presentation
of proper travel vouchers, reimburse the Employee given time off for his
necessary expense in getting to and from the railroad, airline, or bus
terminal, and for the railroad, airline or bus fare (provided that the
means employed in getting to or from the terminal is the most economical
from the place where he leaves his vessel) to the base point designated by
Employer for the vessel (that is, the place at which the vessel is
normally crewed) and from the vessel's base point to the place where he
rejoins his vessel.
No later than the second pay period after presentation
of proper travel vouchers, the Employee will be reimbursed for one (1)
round trip per cycle. Carfare must be paid either from the vessel to the
home port or, if the Employee travels from the vessel to another city, to
that city, whichever is less, or vice versa. No claim for such travel
reimbursement shall be made, however, unless the Employee has spent at
least two dollars ($2.00) in connection with the round trip.
f. Crew Change Time
The Company may alter scheduled crew change times
upon notification to Employees. Upon failure to notify, the crew
22
change must occur within 24 hours of scheduled change after which the crew
member will be deemed to be working.
g. Work Schedule
Employees shall be entitled to work equal time on
and equal time off. The normal tour of duty shall be between one week and
three weeks. A voyage may be extended to avoid crew changes at locations
that are not scheduled ports of call on that voyage.
ARTICLE V. TOWING OF UNMANNED AGGREGATE SCOWS
Except as provided herein, should the Employer intend
to engage in the business of towing aggregate scows within the geographic
area of this Agreement, it will apply the wage and xxxxxxx provisions of
the Great Lakes Towing and Transportation Co. - Local 333 Agreement.
However, the Company may tow aggregate scows for not
more than 10 hours using the xxxxxxx and wage provisions of Article IV
provided it is towing said aggregate scows for a Company that is regularly
engaged in such work and which has a signed agreement with Local 333.
Should the tow last longer than 10 hours, the Company will apply the Great
Lakes Towing and Transportation Co. scale for all hours worked.
Any additional xxxxxxx required under the Great Lakes Contract shall be
operative after the 10-hour period. If delays are incurred in adding such
men, then said man's daily wage shall be divided among the remaining crew
until said man is added. The Company may not use multiple tugs on a job
to avoid
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the 10-hour limitation.
ARTICLE VI. XXXXXXX REOUIREMENTS FOR
TUGS TOWING UNMANNED TANK BARGES
Delete Article.
ARTICLE VII
Delete and replace with the following:
The Employer and Union agree to establish a procedure, if
necessary, to resolve any dispute which should arise as to whether an
Employer tug is considered "automated" within the industry. If no
procedure is agreed to, the dispute shall be submitted to an
AAA-designated Arbitrator. If it is determined that the tugboat is not
automated, xxxxxxx will require an assistant engineer under this
agreement.
ARTICLE VIII
Delete. The Employer does not now intend to operate
self-propelled lighters. If the Employer runs self-propelled lighters, it
will recognize the Union as the representative of the non-supervisory crew
members and it will negotiate with the Union concerning the applicable
terms and conditions.
ARTICLE IX. TRANSFER PROVISION
Delete and substitute the following provisions:
1. A subsidiary or affiliated company, including the
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mid-Atlantic affiliate, will not perform Current Employer Work unless no
suitable Employer vessel is available for the work. A vessel covered by
this agreement will not be transferred to a subsidiary or affiliated
company or division for the purpose of performing Current Employer Work.
2. Current Employer Work means work done by the Employer as of
January 1991 or thereafter acquired by the Employer. Work that the
Employer has not done (or in the future ceases to do) for at least two
years will no longer be considered Current Employer Work.
ARTICLE X. LIST OF OWNERS AND OPERATORS
Delete.
ARTICLE XI. ADDITIONAL OWNER PARTIES
Delete.
ARTICLE XII
One mid-Atlantic-based tug operated by a Xxxxx affiliated
company may perform work in New York Harbor under the following
circumstances: (1) the mid-Atlantic boat is in New York Harbor by virtue
of an in-and-out voyage towing a barge; (2) all the Employer's tugs are
working, are laid up for repairs or are not suitable for the work (i.e.,
such matters as size and/or horsepower), but the Employer is not required
to break out a tug unless there is 12 hours scheduled work for the tug and
unless this
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scheduled work is known the day before; and (3) the mid-Atlantic boat may
perform work in New York Harbor for no longer than ten (10) hours
commencing with the time that the barge it towed into the Harbor starts
transferring cargo. The Company shall designate the tug to which this
Article will apply, and if that tug is unavailable for this purpose, the
Company may use another tug no more than five times a contract year.
ARTICLE XIII
If the Union enters into a collective bargaining agreement
with another employer with lower wage rates (based on the daily wage for
the vessel with comparable xxxxxxx), then Xxxxx shall be entitled to the
same wage scale for the same operations, except that this provision shall
not apply to the first year of the initial contract between the Union and
a newly-organized company with no more than three boats.
ARTICLE XIV. EFFECTIVE DATE OF AGREEMENT AND TERMINATION
Modify to provide for effective date of 12:01 a.m.,
September 26, 1995, and termination date of September 25, 1998.
Xxxxx Towing & Transportation Local 333, United Marine
Co., Inc. Division, ILA, AFL-CIO
By: By:
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