1997 Collective Bargaining Agreement between ▇▇▇▇
Pacific
Shipyards Corporation and the Metal Trades Department
of the
AFL-CIO, the Pacific Coast Metal Trades District
Council,
the Puget Sound Metal Trades Council, and the
International Unions Signatory Thereto
ARTICLE 1. SCOPE OF AGREEMENT
1.1 This Agreement shall cover all production, repair and
maintenance employees within 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, mobile drilling platforms,
platforms and all component parts, plant equipment, and all
auxiliary equipment used in conjunction therewith.
ARTICLE 2. SUBCONTRACTING
2.1 The agreement of the Parties with respect to the subject of
subcontracting shall be that whenever the Employer subcontracts
work covered by ARTICLE 1 of this Agreement to be performed on or
off the Employer's premises, then persons performing such work
shall receive not less than the wage and conditions provided for
in this Agreement. This Article shall not apply to work
subcontracted to be performed away from the Employer's premises
outside of the Port areas of San Francisco, Portland and Seattle.
Navigable inland waters connected with the Port areas shall be
considered as part of the Port areas.
2.2 Upon request by the Puget Sound Metal Trades Council, the
Employer will provide the name, address, and telephone number of
the subcontractor who is either performing or is scheduled to
perform work for the Employer within the Port of Seattle as
defined above. The subcontractor shall provide on request, and
within a reasonable time, documents to validate conformance with
this Article. The Employer will assist with the enforcement of
this Article if any question of intent arises.
ARTICLE 3. NON-DISCRIMINATION, RECOGNITION, UNION SECURITY,
HIRING, SENIORITY
3.1 Nondiscrimination: The Employer and 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 employees in this Agreement, the masculine gender is used for
convenience only and shall refer both to males and females.
Compliance with State and/or Federal laws shall not be considered
discrimination under this sub-section.
3.2 Recognition: The Employer recognizes the Unions as set
forth in the Preamble and signatory hereto as the sole collective
Bargaining Agents for all of its employees covered by this
Agreement, in all of the classifications contained in Schedule
"A" of this Agreement and employed on work covered by the "Scope
of this Agreement."
3.3 Union Security:
(a) Employees included in the Bargaining Unit covered by this
Agreement who are members of the respective Union as of the
effective date of this Agreement shall, as a condition of employ
ment, maintain their membership in the Union.
(b) 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 effective
date; and all employees who are accepted into membership into the
Union shall maintain their membership in the Union as a condition
of their employment.
(c) 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 their
employment.
(d) The Employer, upon written request of the Local Union, shall
discharge 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 as a condition of
acquiring or retaining membership in good standing in the Union.
(e) An employee who desires his regular monthly union dues to be
deducted from his pay by the Employer and remitted to the
Financial Secretary of the Union shall submit a fully executed
authorization card as follows:
Union Dues Deduction:
I hereby authorize ▇▇▇▇ Seattle Division to deduct $_______
regular monthly union dues from wages earned by me while in the
bargaining unit represented by the Unions shown below.
I understand that such deductions are to be made on the first
regularly scheduled payday of the month following the month in
which this authorization is received by the Personnel Office of
the Employer. This authorization and assignment shall remain in
effect until canceled by written notice of the Union or the
Employee. The dues deducted are to be sent no later than the end
of the calendar month in which the deduction was made to:
Employee Name: Date:
Signature: Soc. Sec. #:
The Union and the Employee shall hold the Employer harmless
against any claim that might arise out of or by reason of action
taken or not taken by the Employer in a good faith effort in
complying with this provision.
Political Checkoff:
The Employer agrees to deduct and transmit to the Employees Union
Political Fund an amount for each hour worked from the wages of
those employees who have voluntarily authorized such
contributions on the forms provided for that purpose by the
union. These transmittals shall occur monthly and shall be
accompanied by a list of names of those employees for whom such
deduction has been made, and the amount deducted for each such
employee.
Each Union agrees to indemnify and hold harmless the Employer
from any and all claims, actions, and/or proceedings arising out
of said political fund.
3.4 Hiring:
(a) The Employer agrees that when additional employees are
required the appropriate Local Union will be given as much
advance notice as possible, but not less than twenty-four (24)
hours so that the Union may have a reasonable opportunity to
refer applicants for employment. The period of notice will
commence when the appropriate Union receives such notice by tele
phone from the Employer. Such notice, including the number and
qualifications of the employees required, shall be given by the
Personnel Department or other designated representatives of the
Employer. The Unions agree that they will, upon request of the
Employer, refer experienced men, when available, to the Employer
for the classifications covered by this Agreement. If less than
twenty-four hour notice is given, the Unions agree that upon
receipt from the Employer of a request for additional manpower,
they will make every reasonable effort to provide the manpower as
soon as possible. However, this does not eliminate the
requirement of the employer to give advance notice to the
affected union regardless of whether all seniority employees have
been recalled or not.
(b) Selection of applicants for referral to jobs shall not be
based on, or in any way affected by, Union membership, by-laws,
rules, regulations, constitutional provisions or any other aspect
or obligation of Union membership, policies or requirements.
(c) The Employer retains the right to reject any job applicant
referred by the Unions. The Employer will provide, in writing,
within two (2) working days, the reasons for rejection of
applicants referred by the Union. The Employer may discharge any
employee for just and sufficient cause. The Employer agrees to
notify the appropriate Union in writing of the name or names of
any former employee or employees not eligible for rehire. The
"not eligible for rehire" letters sent to the Unions will be
reviewed annually upon request of the Union.
(d) The Unions agree that they will not discriminate against non-
union workmen in referring workmen to the Employer, and the
Employer agrees not to discriminate against Union members in
selecting job applicants referred to him by the Unions.
(e) A copy of this Article of Agreement shall be posted at the
employment office of the Employer and at the place where the
appropriate Local Unions conduct the operation of referring
persons for employment under this Agreement.
(f) 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 this Article. The Employer will
provide proof of former employment of such person if requested by
the Union.
(g) If the Employer hires persons other than those referred by
the Unions, he 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.
(h) All employees referred to the Employer by the Unions under
this Article shall submit to the making of such records as are or
may be required by the Employer for the purpose of
identification.
(i) 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 proximately or solely caused by
any one of the individual Unions or Employer.
3.5 Seniority:
(a) For the purpose of layoff and recall, the principle of
seniority is hereby established for employees in the bargaining
unit.
(b) Seniority shall be established after an employee has worked
in an established represented classification a period of "ninety
(90) cumulative working days within a nine (9) month period." Any
employee who acquired seniority prior to this Agreement will
retain the seniority date currently assigned. Any employee hired
or rehired after the date of this Agreement will acquire
seniority in accordance with the paragraph above.
For example: If an employee starts in January, he has until the
end of September to qualify for seniority. If at the end of
September he has not qualified for seniority, then the nine (9)
month period is extended to the month of October, and the month
of January is dropped.
(c) An employee's seniority under this Article shall be
terminated under the following conditions:
1. If the employee is discharged for cause.
2. If the employee quits.
3. If the employee fails to report to work at the time specified
by the Employer or within forty-eight (48) hours (Saturday,
Sunday and holidays excluded).
(a) 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 3.5 (c) (3) (d) below.
Upon receipt of such "Notice of Official Recall" the employee
must report for work within forty-eight (48) hours or suffer loss
of seniority.
(b) The Union shall make every reasonable effort to notify the
employee by telephone of his recall and time to report to the
Employer.
(c) Employees contacted by the Union shall make every reasonable
attempt to report for work at the time specified by the Employer.
(d) A list of those employees not contacted by the Union, and
those contacted who inform the Union 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 "Notice of
Recall" is sent under Item 3.5 (c) (3) (a) above) by telegram,
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 and telephone number with the Employer and the Union.
Upon receipt of such "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.
4. Any employee absent for three (3) consecutive work days or
more without notification and furnishing a 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.
5. If the employee is laid off for lack of work from the
Employer's active payroll for a period of one (1) year.
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.
(d) Seniority shall not apply to recall for jobs of less than
ten (10) working days duration starting on the first day
following the placing of the order at the Union Hall for an
employee.
1. The Employer has the responsibility under 3.5 (c) (3) a) to
call the Union Hall for employees with seniority for jobs regard
less of duration.
2. The provision under 3.5 (d) is only to give the right to the
employee with seniority to reject a job offer of less than ten
(10) days. Further, there is no guarantee of pay for days not
worked.
3. The Employer can call employees for more than one (1) job in
the ten (10) day period or less.
4. If the job is not completed in the ten (10) working days'
duration and is needed to be extended from one to three (1-3)
working days beyond the ten (10) day duration, the Employer is
not required to call seniority employees who originally rejected
the ten (10) day call back for that period of time.
(e) The Employer shall be entitled to retain Leading men and
classifications above the Leading men paid on an hourly rate
without regard to seniority.
(f) Seniority shall apply to classification of the Craft or
Union as set forth in this Agreement, and by such classifications
as may be agreed upon by the Employer and the appropriate Union.
(g) On layoffs and recalls in any classification or agreed
classification, the following factors shall apply:
1. Length of continuous seniority with the Employer in the
classification or agreed classification.
2. Demonstrated skill and ability to perform the work within the
classification or agreed classification. Where factor (2) is
equal as between employees to be laid off and recalled, then
factor (1) shall prevail.
(h) Employees who are laid off in accordance with Subsection (g)
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.
(i) Employees promoted to any higher classification or to
Leading men 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 retroactive
adjustments, but prospectively these employees shall not continue
to accrue seniority while out of the bargaining unit.
(j) The Employer will furnish a current Seniority List on a
monthly basis to each appropriate Union, designating ▇▇▇▇▇▇▇ or
the immediate classification above Leading man. Such Seniority
List will be posted in the office of the Unions and the
Employers, and it shall be the responsibility of the employee to
review such list as to his individual seniority status.
ARTICLE 4. LEADING MEN
4.1 Leading men in all departments shall be selected, as far as
practicable, from the crafts they are supervising and with a view
to their mechanical ability and shall be journeymen and/or
mechanics and shall be members of their respective Union. In
addition, the immediate supervisory classification above that of
Leading men when paid on an hourly wage rate basis, shall be
selected, as far as practicable, from the crafts they are
supervising and with a view to their mechanical ability and shall
be journeymen and/or mechanics and shall be members of their
respective Union. Apprentices, trainees, and helpers will not be
promoted directly to lead positions.
While on overtime, leadmen supervising a crew of more than four
journeymen, shall not work with the tools.
Leadmen will immediately be subject to the application of
seniority if they are not leading a crew.
The provisions in this clause shall in no way restrict the
practices provided for in Article 25.
4.2 The Compensation for Leading men shall be in accordance with
established local practice but in no case less than one dollar
and twenty cents ($1.20) per hour over the wage of the craft they
are supervising as set forth in Schedule "A". The compensation
for the immediate supervisory classification above that of
Leading men, when paid on an hourly wage rate basis, shall be in
accordance with established local practice. The activities and
assignments of supervisors mentioned hereinabove shall not be
restricted, nor shall they be extended during overtime periods to
the end that they be used to replace employees in the performance
of overtime work.
4.3 Foremen, or the immediate supervisor 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 intention of the Parties signatory
to this Agreement is to continue to use ▇▇▇▇▇▇▇ or immediate
supervisor above Leading men, Leading men and mechanics already
assigned in the completion of work which extends into overtime
periods, except in emergency situations.
It is the intention of the Employer not to eliminate the
classifications of Leading men or the immediate classifications
above Leadmen paid on an hourly basis and to substitute salaried
personnel for such classification.
4.4 In the interest of safety, it is agreed that the Company and
the Unions shall work together to insure that Leadmen will not
have crews of unmanageable size.
ARTICLE 5. STANDARD DAY SHIFT HOURS
5.1 Forty (40) hours shall constitute a work week, eight (8)
hours a day, five (5) days per week, Monday to Friday, inclusive
between the hours of 7:00 A.M. and 4:30 P.M., except that where
as to any locality or as to any plant of any Employer existing
traffic conditions render it desirable to start the day shift at
an earlier hour. Such starting time may, by agreement between
the Employer and the local Metal Trades Council, be made earlier.
ARTICLE 6. SHIFTS
6.1 Shift work shall be permitted in all classifications on the
following basis, without restrictions.
6.2 The regular starting time of the day shift shall be 7:00
a.m. unless modified as set forth in Article 5.
The normal starting time of the swing shift shall be between 3:30
and 5:00 p.m. unless modified by mutual agreement between the
Employer and the local Metal Trades Council.
The normal starting time of the graveyard shift shall be between
11:30 p.m. and 1:00 a.m. unless modified by mutual agreement
between the employer and the local Metal Trades Council.
In the event operating conditions should require the adaptation
of modified hours apart from regular shifts outlined under
Article 6.2, the affected Union and Company agree to discuss the
situation and if required may modify work hours, providing the
terms are mutually acceptable.
6.3 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 time and
after the regular quitting time of the shift on which the
employee is regularly employed.
6.4 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 the overtime rate
for the first such shift worked.
6.5 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 shortage of
manpower. Any violation to this Section shall entitle the
employee to the overtime rate for the first such shift worked.
6.6 First or Regular Daylight Shift: An eight and one-half (8
1/2) hour period less thirty (30) minutes for meals on the
employee's time. Pay for a full shift period shall be a sum
equivalent to eight (8) times the regular hourly rate with no
premium.
6.7 Second Shift: An eight and one-half (8 1/2) hour period less
thirty (30) minutes for meals on the employee's time. Pay for a
full shift period shall be a sum equivalent to eight (8) times
the regular hourly rate plus seventy-five (75) cents for each
hour worked. Second Shift work will be offered to employees
first on a voluntary basis. When an insufficient number of
employees volunteer, the employer may invoke inverse seniority.
The first qualified employee working, with the least seniority,
shall be the first employee required to work the second shift.
6.8 Third Shift: A seven (7) hour period less thirty (30)
minutes for meals on the employee's time. Pay for a full third
shift period shall be a sum equivalent to eight (8) times the
regular hourly rate plus seventy-five (75) cents for each hour
worked.
ARTICLE 7. WAGE SCALES
7.1 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 Schedule "A" of this Agreement.
7.2 The wage rates herein established are minimum rates only,
and shall not prohibit the Employer from paying a premium wage
rate to any of his employees. Where an employee is receiving a
premium wage rate at the time a general increase in wages becomes
effective, such employee shall receive such general increase.
7.3 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
men.
7.4 Conditions and compensation for launching shall remain the
same as the existing practice.
7.5 All paychecks containing overtime pay shall specify on the
check stub the number of overtime hours worked.
ARTICLE 8. OVERTIME
8.1 Overtime at the rate of one and one-half (1 1/2) times an
employee's established hourly rate as set forth in Schedule "A"
shall be paid for all work performed outside or in excess of
eight (8) hours, but less than twelve (12) hours, on Monday
through Friday and less than twelve (12) hours on Saturday.
Overtime at the rate of two (2) times an employee's established
hourly rate shall be paid for all work performed on Sunday, a
holiday or in excess of twelve (12) hours on Monday through
Saturday. Overtime payment for hours outside of an employee's
established shift hours will be subject to Section 6.3.
8.2 If an employee working on the "first" or regular daylight
shift is required to return to work on the third shift within the
same twenty-four (24) hour work day period, he shall receive one
and one half (1 1/2) times his established rate for the first
such "third" shift worked. 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 day shift.
8.3 Work after 1:00 A.M.: Day shift required to work after 1:00
A.M. and laid off before 6:00 A.M. shall be paid to 6:00 A.M. at
overtime rates.
8.4 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 the overtime rate for such shift.
8.5 Salvage and Dynamite: All salvage work at site, unless the
site is in Employer's yard or dock, shall be paid for at the
established overtime rate, regardless of the hour or day; also
Powder and Dynamite Boats when anchored at Powder Anchorage. Any
area designated by the U.S. Coast Guard as a powder, dynamite or
explosive site is understood to be a Powder Anchorage referred to
above.
The applicable rate applies to any craft while on the job at the
site.
8.6 Lunch Periods: A lunch period shall be allowed on the
Employer's time at the end of a regular shift if employees are
required to work overtime in excess of two (2) hours. A meal
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.
8.7 Employees working overtime shall receive a lunch period of
thirty (30) minutes on Employer's time every four (4) hours.
8.8 The foregoing shall not apply to the noon day lunch period
on Saturday, Sunday and holidays.
8.9 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 provided that at least one (1) hour notice is
given prior to the regular lunch period.
8.10 Overtime work should be offered to employees first on a
voluntary basis. When mandatory overtime is necessary and an
insufficient number of employees volunteer, the employer may
invoke inverse seniority. The first qualified employee working,
with the least seniority, shall be the first employee required to
perform the work.
ARTICLE 9. HOLIDAYS
9.1 Holidays shall be recognized as follows and paid for as such
if worked.
9.2 The following shall be paid Holidays:
NEW YEAR'S DAY, DAY AFTER/BEFORE NEW YEAR'S DAY* , WASHINGTON'S
BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING
DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY AND DAY
BEFORE/AFTER CHRISTMAS DAY*.
* For the years 1996, 1997 and 1998, New Year's Day, Day
before/Day after New Year's Day, Christmas Day and the Day
before/after Christmas Day shall be observed as a Holiday Week
(consisting of an agreed number of consecutive days off with four
(4) days compensation) for the holidays listed above.
Holiday Week 1996 - Wednesday, December 25, 1996 - Wednesday,
January 1, 1997.
Holiday Week 1997 - Thursday, December 25, 1997 - Friday, January
2, 1998.
Holiday Week 1998 - Friday, December 25, 1998 - Friday, January
1, 1999.
Employees shall have the option to trade the Birthday holiday in
order to receive five (5) days compensation for the above
referenced Holiday Weeks (instead of the contractual (4) four).
This option shall apply to all employees on an individual basis.
The employees shall receive their birthday off with pay. The
employee may take off either the Monday or Friday during the week
his birthday falls with approval of the appropriate Department
Head. In the event that the pre-arranged day off is canceled by
the Employer, the employee will receive the appropriate holiday
rate for all hours worked on the pre-arranged day off.
Qualifying Conditions: An employee shall receive eight (8) times
the hourly rate of pay for each of the above holidays, provided:
(a) He has been in the employ of the Employer for thirty (30)
calendar days, and
(b) He 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.
(c) He will 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:
1. industrial accident.
2. bonafide illness covered by a doctor's certificate.
3. absence approved by the Employer.
4. being laid off for "lack of work" within ten (10) regularly
schedule work days before the holiday, and is recalled to work
within (10) regularly scheduled work days after the holiday.
9.3 Holiday on Saturday and Sunday: If a holiday set forth
above falls on Saturday, the preceding Friday shall be observed
as the holiday. If a holiday set forth above falls on a Sunday
and is observed by the State or Nation on the Monday following,
said holiday will be paid for under the conditions contained in
this Article. Existing holidays whose dates are changed by
Congressional Law shall be changed in this Article.
9.4 When a paid holiday occurs within an employee's approved
vacation period, he 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 not be forfeited in this situation.
9.5 Work on Holiday: An employee who qualifies for holiday pay
under Paragraph 9.2 of this Article and who works on a holiday
listed in Paragraph 9.2 of this Article, 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.
9.7 Failure to Report: If an employee is schedule 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 Section
9.5 (c) above, he shall not be entitled to holiday pay for that
holiday.
CLARIFICATION OF THE MEMORANDUM OF INTERPRETATION OF ARTICLE 9 -
HOLIDAYS
I. EMPLOYEES WITH SENIORITY
Employees with seniority will be paid Holiday Pay if they have
either:
(a) worked the day prior to and the day after the Holiday or;
(b) is 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.
* 1980 Negotiation Change.
II. EMPLOYEES WITHOUT SENIORITY
Employees without seniority will be paid Holiday Pay if they
have:
(a) been in the continuous employ of the employer for 30
Calendar* days prior to the Holiday and;
(b) worked the day prior to and the day after the Holiday.
* 1980 Negotiation Change.
III. EXCEPTIONS TO SECTION I & II ABOVE
Employees will receive Holiday Pay in spite of non-compliance
with Sections Ia and IIb above if:
(a) they have been retained on "stand-by-status" or "on the
hook" by the Employer,
(b) they are off due to an industrial accident that occurred
sometime during the five regularly scheduled work days prior to
the Holiday.
(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 regularly scheduled work days prior to the
Holiday or
(d) they are off for any other absence excused by the Employer,
providing the excused absence commenced sometime within the five
regularly scheduled work days prior to the Holiday.
NOTE: L/M Meeting of 6/23/81 includes Jury duty in this Section.
IV. 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.
V. DEFINITIONS
(a) EMPLOYEES WITH SENIORITY means Employees who have
established seniority, prior to the Holiday, in accordance with
and as defined in Article 3.5 of the Pacific Coast Master
Agreement, the Pacific Coast Marine Carpenters Agreement, the
Supplemental Agreement with the I.A.M., and the I.B.E.W. Pacific
Coast Agreement, included in the Pacific Coast Master Agreement
for the purpose of this Article.
(b) LAID-OFF means actual written termination by the Employer.
(c) STAND-BY STATUS OR ON THE HOOK means not on lay-off 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.
ARTICLE 10. VACATIONS
10.1 All employees covered by this Agreement shall receive
vacations with pay.
10.2 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 wage (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.
(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) Sixth year period through fifteenth year period: Five and
one-half (5-1/2) percent as computed above.
(g) Sixteenth year period through nineteenth year period: Seven
and one-half (7-1/2) percent as computed above.
(h) Twentieth year period and thereafter: Eight (8) percent as
computed above.
10.3 For the third full shift worked, an employee shall be
credited with eight (8) hours in computing his vacation
allowance.
10.4 To advance from one (1) year period percentage to the next
higher, 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.
Time lost due to an industrial accident in any vacation year 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
required to advance to the next year's period percentage. Years
of service need not be consecutive regardless of method of
termination.
10.5 The vacation year for vacation pay, time and hours worked
shall start as follows:
(a) New Employees: anniversary date of employment.
(b) Employees on payroll at effective date: existing
anniversary date.
(c) Rehired Employees hired within one (1) year of anniversary
date: anniversary date of first employment.
10.6 Vacation periods or vacation pay are not cumulative from
year to year and the vacation shall be taken at a time mutually
agreeable between the Employer and the employee.
10.7 There shall be no vacation pay in lieu of a vacation.
Vacation pay accruing to an employee within his vacation year as
described above shall be paid to said employee upon completion of
his vacation year; unless said employee is leaving the area or
upon termination, in which event he shall be paid in full such
vacation pay as may have accrued to him under the terms of this
Article.
ARTICLE 11. NO LIMIT OF PRODUCTION
11.1 There shall be no contract, bonus, piece or task work, nor
shall there be a limit on, or curtailment of production or any
self-imposed restrictions placed or imposed by any Union.
ARTICLE 12. DIRTY WORK
12.1 Dirty Work:
Dirty work shall be recognized by the Employer and Union 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),
protective clothing for all employees assigned unusually dirty
work.
The company shall determine, in advance, what areas warrant dirty
work pay. However, if a dispute arises, a craft ▇▇▇▇▇▇▇ or
committeeman, a company representative, and a safety
representative shall make the determination of dirty work pay
prior to work commencing.
It is not the intent of this provision to discontinue tank
cleaning or other cleaning services.
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.
12.2 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 of straight-time pay for each hour
worked, and shall continue to receive such penalty pay until they
are allowed to shower or clean up. Clean up shall be on the
Employer's time and shall be paid at the employee's regular rate
of pay for the day. This shall be in accordance with Article
16.6 (b).*
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.
*It is understood by the parties that removal of tank covers
(under normal conditions) will not be covered by this Article.
ARTICLE 13. MAINTENANCE WORK
13.1 The Employer may use its own employees to perform repair,
alteration, new construction, and maintenance construction at its
facilities, and such employees will receive the wages and
conditions contained in this agreement.
This understanding is intended as a means to help in retaining
bargaining unit employees on the active payroll during periods of
low employment.
ARTICLE 14. REPORTING PAY AND MINIMUM PAY
14.1 Employees starting a shift or called and starting to work
after the starting time of a shift shall receive not less than
four (4) hours pay for the first period of the shift; and if
required to continue on second period of the shift, they shall
receive pay for a full shift.
14.2 Employees required to report for work not continuous with
their regular assigned shift hours, or on Saturday, Sunday and
holidays, shall receive not less than four (4) hours straight
time pay.
14.3 Employees required to report for work and not used shall
receive four (4) hours straight time pay.
14.4 The foregoing (14.1, 14.2 and 14.3) shall not apply where
an employee is not put to work because of bad weather or
breakdown on machinery, except that this shall not be construed
to cover failure to have work or vessel available.
14.5 Employees who voluntarily quit, lay off or are discharged
for cause shall be paid only for actual hours worked.
14.6 Employees not at work on the day a shutdown or layoff
occurs shall be considered to have received notification of such
shutdown or layoff that they would have received if they had been
working.
14.7 In the event the ▇▇▇▇▇▇▇ requests the employee who has
reported for work at his regular starting time and in unworkable
weather to remain on the premises with the expectancy of starting
work later if the weather clears, such employee shall be paid for
such waiting time, which in no case shall be less than four (4)
hours pay at his regular rate of pay.
ARTICLE 15. JURY DUTY
15.1 An employee having seniority and on the active payroll,
having been regularly employed and required by law to serve as a
juryman shall upon satisfactory proof to the employer of such
service rendered, 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, however, such employer reimbursement
shall not be applicable to any period of time during which said
employee-juryman 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.
15.2 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 therefrom 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 returns 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 provision of this article.
ARTICLE 16. SAFETY, SANITATION, VENTILATION AND PHYSICAL
EXAMINATION
16.1 The Employer will exert every reasonable effort to provide
and maintain safe working conditions and shall comply with all
federal and state Safety and Health Laws and Regulations. The
Unions will cooperate to that end and encourage their members to
work in a safe manner. To that end, a Safety Committee shall be
established to be composed of a minimum of three (3) and a
maximum of five (5) representatives designated by the Employer,
and a minimum of three (3) and a maximum of five (5)
representatives designated by the Unions, which committee shall
assist, make recommendations to and cooperate with the safety man
of the Employer. The employees designated for this committee
shall be employees who have knowledge of the practices of the
yard and who have worked for the Employer a minimum of one (1)
year. The functions of such committee shall be advisory only.
This committee should meet once a month on Employer's time with
minutes of the meeting prepared by the Employer and a copy
thereof furnished to the Unions. It should be understood, that
while the Union will cooperate and participate with the Company
in providing a safe work environment, it is Management's
exclusive responsibility to carry out the administration of the
Safety Program.
16.2 Safety: All staging, walks, ladders, gangplanks and safety
appliances shall be constructed and removed in a safe and proper
manner by competent shipwrights. On vessels that are moored
alone or abreast where the combined total of persons is 200 or
more, no less than two (2) gangplanks will be provided; any
combined totals of less than 200, at least one gangplank will be
used when practicable.
16.3 The Employer shall provide covered transportation with
sufficient seating accommodations for employees to be transported
to and from jobs away from the yard or shop. No material or
equipment not safely secured shall be transported in the same
compartment of the truck with employees. Trucks shall not be
overloaded.
16.4 The Employer shall furnish suitable guards around welders
for the protection of employees' eyes.
16.5 Prompt ambulance service and first aid to injured employees
shall be provided on all shifts and a safety man shall be
employed and made responsible for the proper enforcement of
safety rules. All First Aid personnel shall be identified and
signs indicating location of First Aid Stations shall be posted.
16.6 (a) An employee suffering an industrial injury who is
advised not to resume work by a Nurse, First Aid attendant or by
a Physician to whom he has been referred, shall be paid on his
usual basis, pursuant to the terms of this Agreement, to the end
of the shift on which the injury occurred. If such employee had
reported such injury immediately following its occurrence to the
Nurse, First Aid attendant or Physician and had completed working
during the shift during which he was so injured, and on the
following day, after reporting for work, is advised by the Nurse,
First Aid attendant or Physician not to continue work because of
said injury, he shall be paid to the end of said shift.
(b) When an employee's clothing or body becomes soaked or
contaminated with human waste, water or oil due to circumstances
beyond his control, and when the incident is properly reported,
the employee shall be given the opportunity on the Employer's
time to clean up and change clothing. When circumstances require
the employee to leave the yard or job site (outside job) he shall
be compensated (not to exceed two (2) hours) at the normal
straight time rate. If the incident occurs less than two (2)
hours before the end of the shift he shall be paid at the
straight time rate until the end of the shift.
16.7 The Employer shall notify the respective Union not later
than the end of the next regular working day of lost time
accidents to any of its members that necessitated confinement in
any hospital or clinic, providing the Employer has knowledge of
such confinement.
16.8 Sanitation:
(a) Suitable individual lockers with locks, washrooms and
drinking water shall be furnished by the Employer.
(b) All toilets and washrooms shall be kept in a clean and
sanitary condition, properly heated and ventilated, and adequate
quarters with heat and hot water shall be provided for employees
to change and dry their clothes. Lunch areas with benches and
tables shall be provided and shall be separate from toilet
facilities.
16.9 Where noxious or poisonous gases may accumulate, the
Employer shall provide proper protection and ventilation. Proper
lighting and ventilation shall be provided for all enclosed
working spaces. No unsafe spray painting shall be performed in
confined or restricted spaces.
16.10 Physical Examination: There shall be no Doctor's physical
examination nor age limit, except as required by law. Unless
required by law, no employee shall be compelled to pay hospital
or examination fees in the course of employment or as a condition
to secure employment. No applicant shall be unlawfully
discriminated against in employment as a result of a physical
exam. Pre-employment physicals shall be paid in full by the
company, but the applicant shall not be paid for his time. Blood
and/or urine tests shall not be part of the pre-employment
physical.
16.11 Where employees are assigned to work in confined spaces as
described by OSHA for shipbuilding, ship repairing and ship
scrapping as published in the Bureau of Labor Standards, frequent
checks for the employee's safety shall be made. If and as
required by OSHA, a blood and urine test will be provided by the
Employer at no cost to the employee.
16.12 Existing practices with respect to providing special
protective devices and equipment in order to protect employees
from injury will continue in effect during the term of this
Agreement. Where conditions of work are such as to require
special protective devices and equipment in order to protect
employees from injury, such devices and equipment will be
supplied by the Employer at its expense. Protective devices and
equipment so furnished shall not be taken from the property of
the Employer except with specific authorization for use while at
work for the Employer.
16.13 When an Occupational Hygienist is used, the Employer will
make available the person's name and address to the Union, upon
their request.
16.14 The Company and the Union agree on the objective of
maintaining a safe working environment, including maintaining a
work place that is alcohol and drug free. It is agreed that the
use, sale, distribution, or possession of illegal drugs or
alcohol on Company premises shall be the grounds for immediate
discharge. It is understood, however, that there shall be no
random testing on employees covered under this Agreement. It is
further understood that the Company will provide, at no cost to
the employees, an Employee Assistance Program, which includes
assistance through counseling for alcohol and drug dependency, as
well as other related personal and family problems that adversely
effect an employee's job performance, and that any disciplinary
action taken would be subject to Article 23, Grievance Procedure.
All drug tests dicussed below shall be accomplished through
urinalysis and alcohol tests through either urinalysis or
breathalyzer.
In order to clarify the language contained in 16.14 above, the
following is agreed to by the parties signatory hereto:
1. It is understood that drug testing may be part of the pre-
hire program. Any applicant that has failed a pre-hire test, who
demonstrates that he/she has been evaluated by a certified
treatment facility and has satisfactorily completed the treatment
that was recommended by the treatment facility, shall become
eligible for hire upon the successful completion of another pre-
hire drug test. The second test shall be at the employee's
expense.
2. Testing employees for drugs and/or alcohol may be
accomplished when the employer has reasonable suspicion to
believe that an employee may be under the influence of drugs
and/or alcohol. Reasonable suspicion must be based on specific
personal observations that an employer representative can
describe concerning the appearance, behavior, speech, or breath
odor of the employee. Reasonable suspicion must be based on
direct, first hand observations by an employer representative who
shall have received training in substance abuse detection. These
observations shall be documented in writing at or near the time
of observation but not more than twenty-four hours from
observation. The employer shall contact the appropriate shop
▇▇▇▇▇▇▇ or Business Representative prior to the testing of any
employee. Documentation resulting in an employee being tested
will be provided on demand in a timely manner to the appropriate
Union representative.
3. Post accident drug and alcohol testing may be performed on
all employees involved if said accident resulted in a fatality or
bodily injury to a person which required medical treatment away
from the site. Approval for employee drug testing must be for
good reason and be directed by the Director of Human Resources or
his designated representative from the Human Resources
Department. All positive results must be reviewed by a Medical
Review Officer.
4. Any employee with a positive drug test will be given an
opportunity, based on the circumstances, to enter the Employer's
E.A.P. Any employee who tests positive and who the Employer is
going to discharge will first receive a suspension pending an
investigation by management and the appropriate Union
representative.
5. Any employer drug/alcohol testing policy must conform to the
Drug Free Workplace Act, Subtitle D of Title V of Public Law 100-
690, and the Federal Acquisition Regulation Interim Rule (DOD FAR
Supp 252.223-7500) implemented by the Department of Defense.
6. Testing for drugs on employees or pre-hire drug testing in
accordance with this Article will not be implemented until the
Joint Labor/Management Committee agree on the testing procedures.
7. Any and all costs of testing will be paid by the Employer.
8. Any drug testing program must apply to subcontractors as well
as employees. To this extent the requirements of the Drug Free
Workplace act and the Federal Acquisition Regulation Interim Rule
(DOD FAR Supp 252.223-7500) implemented by the Department of
Defense shall be part of all subcontracts issued at ▇▇▇▇.
9. Individual participation in this program shall be held in the
utmost confidence.
10. The employer will give the Joint Labor/ Management Committee
45 days notice of an intent to change the collection site and
laboratory used in the Drug Testing Program.
ARTICLE 17. UNION REPRESENTATIVES
17.1 The Business Representatives of the various crafts shall
have access to the Employer's shipyard and shipyard shops by
applying for permission through the designated office, provided
they do not interfere or cause employees to neglect their work.
17.2 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 ▇▇▇▇▇▇▇ shall receive his
fair share of the work that he is qualified to perform. In no
event shall the Employer discriminate against a ▇▇▇▇▇▇▇ in the
matter of overtime, layoffs, or rehires or discharge him on
account of the proper performance of his duties. Twelve (12)
hours advance notice will be given individually to the ▇▇▇▇▇▇▇ if
he is to be laid off. Every effort shall be made to deliver such
notice during regular shift hours. However, notice of lay off
may be given during the off shift by telephone or telegram, for
circumstances beyond the control of the employer. There may be
designated by each Union one (1) Chief Shop ▇▇▇▇▇▇▇ on each shift
who will be granted super seniority during his respective term of
office. Such Chief Shop ▇▇▇▇▇▇▇ shall have at least one (1) year
of seniority and be qualified to perform the work available.
Shop Stewards shall have at least six (6) months of work
experience with the Employer as far as practicable. It is the
intent of the Union that Shop Stewards shall be selected with a
view to their having first-hand knowledge of the Employer's work
and the collective bargaining agreement.
17.3 The Employer will not in any way discriminate against any
shop ▇▇▇▇▇▇▇ or committee man for presenting any complaint,
dispute or grievance to their ▇▇▇▇▇▇▇ or department head or to
the personnel department in the manner provided for in this
Agreement.
17.4 The Union shall advise the Employer of the name or names of
Shop Stewards currently elected or appointed. The full grievance
procedure as set forth herein shall be available to any Union
which feels that its Shop Stewards have been discriminated
against. It shall be the intention of the Employer not to allow
the congregation, by assignment, of several Stewards in one
designated work area, but to keep them, as reasonably as
possible, spread out in a manner to cover all the work areas of
their appropriate Union's jurisdiction.
ARTICLE 18. PAY DAY
18.1 Pay day shall be weekly and in no case shall more than five
(5) days pay be held back. Employees shall be paid prior to the
end of the assigned shift, exclusive of the lunch period.
18.2 (a) It is the intent of the Employer that in case an
Employee is laid off, discharged, or voluntarily terminates his
employment, he shall receive his pay no later than the next
regularly scheduled pay day, or in compliance with state law,
whichever is sooner.
(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 company-issued property.
18.3 Second shift employees are to be paid on Thursday each week
and third shift employees no later than Friday morning.
If Christmas Day and the day before/after Christmas Day, and New
Year's Day and the day before/after New Year's Day fall on Monday
and Tuesday, pay day shall be on Friday for all shifts.
ARTICLE 19. TRAVEL TIME, OUT OF YARD AND OUT OF TOWN WORK AND
TRIAL TRIPS
19.1 When employees are sent to work away from the yard or
regular place of employment, they shall be paid their regular
shift pay while traveling, except in the case of traveling to or
from the yard or regular place of employment before the regular
starting or after the regular quitting time of their shift; in
such cases they shall receive pay at the established overtime
rate.
19.2 If employees are sent to work out of town, they shall
receive first class board (meals), lodging and transportation.
Coach will be acceptable as first class air transportation.
19.3 If employees are required to travel on overtime days, they
shall be paid travel pay at the established overtime rate.
19.4 Not more than eight (8) hours pay shall be paid for travel
time in any one (1) day of twenty-four (24) hours computed from
the starting time of the employee's regularly assigned shift.
19.5 Out of Yard Work, Trial Trips, Traveling Time and
conditions shall be as presently agreed to by Employer and Local
Lodge of the Union, unless otherwise mutually changed. The
Employer shall notify the Union in advance of any scheduled Trial
Trips. The Union and the Employer will meet as necessary, to
work out (negotiate) an understanding on any current problems
that exist. Any such understandings require mutual agreement.
ARTICLE 20. WELDING
20.1 It is recognized that the autogenous processes of welding,
burning and silver brazing are tools of the trades signatory to
this Agreement, and the rates of pay shall be the same as the
trades affected. Employees required to take a test shall be paid
for the time consumed in the test, if they pass it successfully.
Whenever an employee is required to take a test, the Employer
shall notify the employee's local Union of the results of such
test in writing within thirty (30) days from the date of the
test. The letter will specify the agency and type of test, date
of test, and the name of the inspector or the individual
supervising the test. This letter will be signed by an
authorized company representative. These shall be individual
letters on each employee.
20.2 Where U.S. Certificate is required by the U.S. Coast Guard
or other recognized agency for welding on pressure vessels,
boilers and class 1 piping, as defined in the U.S. Marine
Engineering Regulations and Material Specifications, the rate of
pay shall be an additional thirty-five (35) cents per hour, over
and above the standard mechanic's rate, for all time assigned to
such certified welding jobs.
ARTICLE 21. APPRENTICE AND TRAINEE PROGRAM
21.1 In order that an adequate supply of competent, skilled
craftsmen shall be available at all times, it is agreed between
the Parties hereto that an Apprentice and/or Trainee program
including safety, shall be established by the craft Union and the
Employer. Such an Apprentice and/or Trainee program shall not
conflict with Federal or State Apprenticeship laws. All existing
Apprentice and Training programs shall remain in effect until
changed by mutual agreement of both parties.
ARTICLE 22. STRIKES AND LOCKOUTS BARRED
22.1 There shall be no lockouts on the part of the Employer nor
suspension of work on part of the employees. This Agreement is a
guaranty 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 23 "Grievances and Complaints" and Article 24
"Arbitration of Disputes."
ARTICLE 23. GRIEVANCE AND COMPLAINTS
23.1 The grievance procedure shall be as follows:
STEP 1. The shop ▇▇▇▇▇▇▇ or committeeman shall call any
complaint, dispute or grievance to the attention of the ▇▇▇▇▇▇▇
or department head within five (5) working days from the time it
arises. If the complaint, dispute or grievance is not adjusted
within two (2) working days after it is presented to the ▇▇▇▇▇▇▇
or department head, the shop ▇▇▇▇▇▇▇ or committeeman shall report
such complaint, dispute or grievance in writing over the
signature of the complainant to his respective Business
Representative. Such complaint, dispute or grievance shall be
submitted to the personnel department's representative or other
official designated by the Employer over the signature of the
Business Representative within twelve (12) working days from the
date the complaint, dispute or grievance arose. However, this
does not preclude the Business Representative from reporting such
complaint, dispute or grievance directly to the personnel
department's representative or other official designated by the
Employer. Within five (5) working days after the personnel
department's representative or other official designated by the
Employer receives a communication in writing from the respective
Union alleging violations of this collective bargaining
agreement, the Employer shall reply to the communication, in
writing. Any settlement reached in Step 1 shall be final and
binding.
STEP 2. Within five (5) working days after the Employer replies
to the communication from the respective Union alleging a
violation or violations of this collective bargaining agreement,
a Business Representative of the Union and the Director or
Assistant Director of Personnel and Labor Relations or other
official designated by the Employer shall meet for the purpose of
adjusting such complaint, dispute or grievance. Any final
decisions reached by the Employer Representative and the Union
Business Representative shall be reduced to writing. Any
settlement reached in Step 2 shall be final and binding.
STEP 3. If no agreement is reached in Step 2 within ten (10)
working days, the parties may by mutual agreement, submit the
grievance in writing to a grievance panel composed of two members
from Labor, to be selected by the Union, and two members from
Management to be selected by the Employer, requesting a Grievance
Committee hearing or they may proceed to Step 4 of this Article.
The Committee members shall not be from the Union or Company
involved.
Any complaint, dispute or grievance not submitted in writing
requesting a Grievance Committee hearing, or not referred to the
next step of this grievance procedure within ten (10) working
days, shall be regarded as waived unless the parties otherwise
agree in writing. The Grievance Committee shall meet within ten
(10) working days of receipt of such request. A decision by a
majority of the Grievance Committee shall be final and binding on
both parties. This decision shall be reached by secret ballot.
In the event that the Grievance Committee fails to render a
decision within (10) working days from their first meeting date,
either party may within ten (10) working days give written notice
to the other party of arbitration. The parties may mutually
agree to extend the time limits.
STEP 4. In the event the grievance is not settled as above
provided, either party may submit the grievance within five (5)
working days following the expiration of the time limit provided
in Step 2 to the International President of the Union, or his
duly designated representative and a company representative duly
selected by the Employer, for consideration and possible
settlement. If a settlement is reached, it will be final and
binding upon the Parties and shall be reduced to writing.
STEP 5. If no satisfactory solution eventuates from Step 4
within twenty (20) working days, then either Party may within ten
(10) working days thereafter give written notice of arbitration
to the other Party.
23.2 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 in
writing, be regarded as waived.
23.3 No employee shall refuse to work or otherwise curtail
production or engage in any slow down or interfere with
Employer's operation because of any complaint, dispute or
grievance which he may have.
23.4 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 24. ARBITRATION OF DISPUTES
24.1 In the event the Parties shall be unable to adjust any
complaint, grievance or dispute involving the express terms of
this Agreement, such complaint, grievance or dispute shall be
referred to an impartial arbiter selected from a panel, mutually
agreed upon by the Parties, in each respective Port. The panel
shall be utilized only in the Port selecting said panel. The
panel will consist of no more than five (5) and no less than
three (3) impartial arbiters. The panel may be modified from
time to time by mutual agreement of the Parties in each
respective Port. If the Parties are unable to agree on a
specific arbiter from the panel, then the Party desiring to
arbitrate shall send a request by mail to the Director of the
Federal Mediation and Conciliation Service requesting the
Director to furnish a list of five (5) arbiters. Each party
shall have the right to strike a total of two (2) names from the
list, and the right to strike first shall be determined by lot,
or as otherwise agreed by the Parties, and each party shall
alternately strike one (1) name. The name remaining on the list
after each Party has stricken two (2) names shall be the
impartial arbiter.
The Employer and the Union or Unions involved shall equally pay
the arbiter's fee, the cost of any hearing room and the cost of a
court reporter, if requested by the arbiter. All other expenses
shall be paid by the Party incurring such expense.
The decision of the arbiter shall be final and binding upon the
Parties. Such decision 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. In his
decision, the arbiter shall specify whether or not the decision
is retroactive and the effective date thereof.
24.2 Awards or settlements of grievances may or may not be
retroactive as the equities of each case may 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 Schedule "A" of this
Agreement.
ARTICLE 25. JURISDICTIONAL DISPUTES
25.1 The Unions agree that in the event any jurisdictional
dispute shall arise between the Unions signatory to this
Agreement, with respect to the jurisdiction of work on any
classification of employment, whether or not included in the
schedule attached hereto, such dispute shall be settled by the
Unions in accordance with the Jurisdictional Policy of the Metal
Trades Department, AFL-CIO as amended May 10, 1968, which
provides that pending the adjustment of a jurisdictional dispute
there will be no stoppage of work.
25.2 It is agreed that Unions involved in such jurisdictional
disputes shall be primarily responsible for the prevention of a
stoppage of work because of jurisdictional disputes.
25.3 Continuous Improvement Process
The Company and Unions agree to jointly support a proactive
Continuous Improvement Process the goal of which is to improve
all company work practices and methods in order to eliminate
inefficiencies and reduce the cost of performing work; thereby
allowing the company to be more competitive in the regional and
global marketplaces.
Changes in technology applied in the shipyard and/or improved
work practices and methods will be discussed by all concerned
parties prior to introduction.
To fully implement the Continuous Improvement Process the Company
and the Unions agree that the Company must organize, manage and
perform all jobs in the most efficient fashion. To allow this
goal to be attained, the parties agree to the following:
COMPOSITE CREWS
The unions and the employer recognize the need for the company to
organize jobs on a composite crew basis, thereby improving
efficiencies, reducing costs and standby time and increasing the
competitive position of the organization. The parties agree to
the use of Composite Crews where such crews will reduce the
overall cost of doing work. Composite Crews shall be defined as
crews comprised of traditional craft members who, by their craft
jurisdiction, would be called upon to perform the work without
regard to their specific craft jurisdiction to accomplish the
total job.
Situations that lend themselves well to Composite Crews include
such work processes as: shafting removals, blasting and painting,
integrated outfitting, and work situations such as small/short
duration or remote location jobs on a vessel. These examples are
not intended to be all inclusive or an exhaustive list outlining
the intended application.
In the process of evaluation, each job may be assigned a lead
craft for the purpose of supervising and organizing work. It will
be the responsibility of the lead craft to meet budgets,
schedules and direct composite teams in the completion of jobs.
CRAFT ASSIST
The parties agree to a program of craft assistance. It is the
intent of the employer to maintain the traditional craft
functions within the yard; however, it is recognized and
understood that inefficiencies and standby time are detrimental
and are not desired by either party, and are to be eliminated
whenever possible.
Craft assistance shall mean a craft performing or assisting in
the performance of work items not traditionally assigned to
his/her respective craft for limited durations of time.
Reduction of standby time shall mean the minimization of those
periods of time spent waiting for another craft to appear to
perform a task that is incidental to the main task being
performed and those limited periods of time spent waiting to
perform a task that is incidental to the main task being
performed.
Incidental shall be defined as work that is casual, unplanned
and/or less than two (2) hours in duration.
It is the agreement of the parties to minimize standby time by
providing for the concept of craft assistance.
The intent of this proposal is the elimination/reduction of
standby time. Jobs requiring full-time assignment would still be
performed by the traditional craft or by a composite crew made up
of members of traditional crafts.
The parties agree to the principal of one craft assisting another
as indicated in the following non-exclusive list of examples,
many of which are currently being practiced in the shipyard:
1. LIFTING DEVICES AND/OR EQUIPMENT
The Riggers would hang the chainfall and rig the lift. After
this is done, the appropriate craft, working on the job, would
operate the chainfall as required. When the job is completed,
the craft would return the chainfall to its proper location.
2. INTERFERENCES
The craft working on the job would be allowed to remove (and
subsequently re-install when feasible) interferences, such as a
floor plate, insulation, a non-energized panel, incidental piping
or furniture.
3. MOVEMENT OF TEMPORARY LIGHTING
After installation by the Electricians, any craft will be allowed
to move the lighting in the work area as determined by the needs
of the job. Final removal would be accomplished by the
Electricians.
4. FUELING VEHICLES AND EQUIPMENT
The craft driving the fuel vehicle would be allowed to perform
the fueling of equipment when necessary.
5. INSTALLATION OF ZINCS
This work could be accomplished by either Boilermakers or
Machinists.
6. MOVEMENT OF TEMPORARY VENTILATION
This work would be accomplished in the same manner as covered in
paragraph (3) TEMPORARY LIGHTING.
7. TACK WELDING AND BURNING
The parties recognize that tack welding and burning are the
jurisdiction of the Boilermakers. The parties agree to work
together to reduce standby time by providing for craft assistance
in certain situations. It is agreed that tack welding and/or
burning may be accomplished by crafts other than the Boilermakers
when tack welding and/or burning is incidental to the job
assigned to those crafts.
8. WORK AREA CLEAN-UP
Clean-up of an employee's own work area would be permitted by all
crafts.
9. USE OF TORCHES
Permitted by all crafts.
All employees will be expected to accept direction and work in
accordance with the spirit and intent of this agreement. Alleged
abuse of these provisions shall be subject to the grievance
procedure
25.4 The provisions of this section of the General Agreement
shall be equally binding upon the Employer and the Unions.
ARTICLE 26. HEALTH, WELFARE AND PENSIONS
26.1 Effective August 1, 1996, the Employer will pay $4.06 on
actual hours worked to the applicable jointly administered Trusts
as allocated by the individual Unions. The allocation of monies
among the various benefit trusts may be changed at any time by an
individual union through the Pacific Coast Metal Trades District
Council by serving written notice upon the Employer. The change
in allocation for the trust(s) involved will be made effective
upon the next regularly scheduled payment date after receipt of
notice.
26.2 The Employer will pay additional fringe monies with
allocation of these fringe increases to be determined by the
International Unions, to apply to Health and Welfare, Dental,
Pensions or whatever other fringe an International or Local Union
may want the money to apply, with the exception of Holidays and
Vacation which must be applied uniformly to all crafts.
Increased fringe monies are effective as follows: See Schedule
"A"
26.3 Failure to Make Payments. Upon the failure of the Employer
signatory to this Agreement to make any of the payments required
by this Article, the Unions, or any of them, may 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.
26.4 It is the joint responsibility of Management 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.
ARTICLE 27. TOOLS
27.1 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.
27.2 If the Employer fails to furnish tools, then the Employer
shall pay each employee fifteen (15) cents per hour for tools
furnished by employees.
27.3 The Employer has the right to take action against those
employees who misuse property supplied to them by the Employer.
ARTICLE 28. WARRANTY OF AUTHORITY
28.1 The officials executing this Agreement in 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 in behalf of the organizations which they
represent.
ARTICLE 29. SAVING CLAUSE
29.1 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 and negotiate such parts or provisions
affected. The remaining parts or provisions shall remain in full
force and effect.
ARTICLE 30. COST OF LIVING ALLOWANCE (This Article 30 is not in
effect during the life of this 1997 Agreement.)
30.1 For purposes of this Article:
(a) "Consumer Price Index" refers to the Consumer Price Index
for Urban Wage Earners and Clerical Workers (including single
workers) published by the Bureau of Labor Statistics, U.S.
Department of Labor (1967=100) for the U.S. City Average.
(b) "Consumer Price Index Base" refers to the Consumer Price
Index for the month of May, 1993 (The May Consumer Price Index is
customarily published by the Bureau by the last week of June).
(c) "Change in the Consumer Price Index" is defined as the
difference between (i) the Consumer Price Index Base and (ii) the
applicable Consumer Price Index, (MINUS ANY COST OF LIVING
ADJUSTMENT, IF ANY, PREVIOUSLY PAID).
(d) "Cost of Living Adjustment" is calculated as below and will
be made every three months based on the cumulative change in the
Index over the prior three month period, the first adjustment
being effective October 1, 1993, based on the difference between
the May 1993 Index and the August 1993 Index. Applying the same
formula as above the remaining adjustment dates are January 1,
1994, April 1, 1994, July 1, 1994, October 1, 1994, January 1,
1995, April 1, 1995, July 1, 1995, October 1, 1995, January 1,
1996, April 1, 1996 and July 1, 1996.
30.2 Effective on each Adjustment Date, a Cost-of-Living
Adjustment equal to 1 cent per hour for each full .4 of a point
change in the Consumer Price Index shall become payable.
30.3 (a) The continuance of the Cost of Living Adjustment
provided for in this Article is dependent upon the availability
of the Consumer Price Index in its present form. In the event
the Consumer Price Index in its present form becomes unavailable
for any reason, the Parties shall substitute by mutual agreement
any other official formula or publication issued by the United
States Government.
(b) The payment of any Cost of Living Adjustment will be made
within a reasonable time after publication of the applicable
Consumer Price Index and after a decision has been made to its
application in accordance with Section 30.5.
30.4 When the cumulative adjustment amount reaches sixty cents,
it shall be frozen for the life of this agreement.
30.5 The Employer agrees that any Cost of Living Adjustment may
be applied, all or in part, to wages or a new fringe benefit or
to improve an existing fringe benefit, as may be decided by a
majority of the Vice Presidents representing the International
Unions affiliated with the Pacific Coast Metal Trades District
Council. It is understood that the implementation of any such
decision as to any application of a Cost of Living Adjustment, or
part thereof, to wages will be on a uniform basis among all
employees represented by such International unions.
30.6 No adjustment, retroactive or otherwise, shall be made as a
result of any revision which later may be made in the published
figures for the Consumer Price Index for any month on the basis
of which the Cost of Living Adjustment in this Article shall have
been determined.
30.7 As soon as possible after the Consumer Price Index Base
(The Consumer Price Index for the month of May, 1993, which would
customarily be published by the last week of June, 1993) is
available, the parties will prepare and supplement this Agreement
with a schedule setting out the calculation of the foregoing
provisions.
ARTICLE 31. EFFECTIVE DATE AND DURATION OF AGREEMENT
31.1 This agreement shall become effective on November 24, 1997
and shall continue in full force and effect until July 31, 1999,
and from and for year to year thereafter, unless either party
shall, at least sixty (60) days, but not more than ninety (90)
days prior to any anniversary date, notify the other party in
writing of any desire to make changes in or to terminate this
Agreement.
31.2 If either Party gives notice to the other as herein
provided, representatives of the Employer and of the Unions shall
negotiate such proposed changes without unnecessary delay.
31.3 Practices, customs, understandings, agreements of
interpretation or agreements of any nature whatsoever, which have
been previously mutually recognized at Todd's Seattle Division by
the Employer and the Unions, whether expressly covered by this
collective bargaining agreement or otherwise, will continue in
effect unchanged until the expiration of this agreement, except
as specifically modified as provided herein or by mutual
agreement between the parties.
31.4 Yard Closure or Relocation: The Employer will give timely
notification (normally not less than sixty (60) days) to the
Puget Sound Metal Trades Council of any decision to close down
the Seattle Division of ▇▇▇▇ Pacific Shipyards Corporation or
relocate its operations, and will negotiate with the Unions to
develop a course of action designed to minimize any adverse
impact on the members of the bargaining unit of such events.
SCHEDULE "A" CLASSIFICATIONS 11/24/97
▇▇▇▇▇▇▇▇▇ Journeyman $16.45
Sheetmetal Journeyman $16.45
Painter Journeyman $16.45
Gen Machinist Journeyman $16.45
Outside Machinist Journeyman $16.45
Tool Room Journeyman $16.45
Pipefitter Journeyman $16.45
Electrician Journeyman $16.45
Warehousemen $16.45
Truck Drivers $16.45
Fork Lift Operators $16.45
Op. Engineer Journeyman $17.05
Stat. Engineer Journeyman $16.45
Prod. Material Department $16.45
Shipfitter $16.45
Rigger $16.45
Dry Dock Rigger $16.45
Welder $16.45
Burner $16.45
Laborer-On Shipboard Work $15.45
Laborer-Off Shipboard Work $14.45
Firewatch $ 9.00
Sandblaster $16.45
Tank Cleaner $16.45
Wage and Fringe Increase
Effective 8-1-98 $.61/hour Wage/Fringe
This increase will be applied to all Schedule "A" rates listed
above except Firewatch.
Retroactive payments of $.60 for each non-Washington State Ferry
Project attendance hour from August 1, 1996 until the execution
date of the contract (less applicable employee deductions) shall
be made to all non-Washington State Ferry Project employees that
were actively employed on the execution date of the contract or
had seniority rights as of the execution date of the contract.
ALL CRAFTS
Apprentices Per Standards (1)
Helpers
Step I $10.00
Step II $11.00
NEW HIRES
Laborers
Step I $10.00
Step II $11.00
Step III Journeyman
Helpers
Step I $9.00
Step II $10.00
Journeyman
Step I $11.00
Step II $12.00
Step III Journeyman
11/24/97
Quality Control $16.75
Layer-Out $16.70
Loftsman $16.75
Plannerman $16.95
Optical Man $16.80
Leadmen $1.20 above Journeyman
Quartermen $1.65 above Journeyman
No employee will suffer a reduction in pay by virtue of any
change in the new Labor Agreement.
STANDARDS
Journeymen and Apprentices:
1. Apprentices and trainees will convert from existing
percentages of the previous Journeyman's rate to same percentage
of new Journeyman's rate. The wage progression schedules
currently in use will continue until changed by appropriate
means.
2. The listing of or the deletion of classification in Schedule
A neither establishes nor changes jurisdiction as recognized
under the previous collective bargaining agreement's Schedule A.
3. Starting rates for all Journeymen mechanics hired after the
effective date of this Agreement shall be as follows:
Step I $11.00
Step II $12.00
Step III Journeyman
A new hire (Journeyman) may be hired into any of the above Step
rates; however, after working ninety (90) days, the new hire will
be reviewed as to his proper Step placement based on verifiable
skill and ability. The review board shall consist of an
industrial relations representative and the appropriate union
business manager with the ▇▇▇▇▇▇▇ of the department acting in
advisory capacity. The Union(s) will be advised of the final
decision and shall have the right to grieve any placement with
which they disagree.
Any former employee requested by name for referral will be placed
immediately in Step III. Any Journeyman new hire who has
completed a state approved Apprentice/Trainee Program will be
placed immediately in Step III.
Journeyman new hires with 6,000 hours experience in related
industry as demonstrated through Union records will be placed
immediately in Step III.
Journeyman new hires shall progress from Step I to Step II after
1,000 hours worked and from Step II to Step III after an
additional 2,000 hours worked. Journeymen may also be moved from
one Step to a higher Step based on a recommendation by the
▇▇▇▇▇▇▇ of the department and subsequent approval by the review
board.
Laborers: Laborers hired after the effective date of this
Agreement will be paid as follows:
Step I $10.00
Step II $11.00
Step III Journeyman
Laborers shall progress from Step I to Step II after 1,000 hours,
and from Step II to Step III after an additional 2,000 hours.
Laborers shall be paid at tank cleaner's and scaler's rate while
cleaning areas defined under Article 12 (Dirty Work).
Laborers shall be paid a premium of $.25 per hour while engaged
in removal clean-up, and disposal of in-place fiberglass,
asbestos and rockwool insulation.
Any laborer engaged in "on shipboard work" and using a tool such
as a grinder, sander or needle gun (note: for purposes of this
provision, brooms, mops and feather dusters will not be
considered tools) shall received an additional twenty-five cents
per hour on a while engaged basis.
Laborers using heavy pneumatic tools (e.g., jackhammers) will
receive the Sandblaster's rate of pay.
Helpers: Helpers hired after the effective date of this
Agreement will be paid as follows:
Step I $ 9.00
Step II $10.00
Helpers shall progress from Step I to Step II after 2,000 hours
All rates listed above under "Standards" shall increase by
$.61/hour on August 1, 1998. Any person working under a rate
listed in this section ("Standards") as of April 29, 1997, shall
receive no less a rate after ratification.
HELPERS
It is the intent of the parties signatory hereto, to utilize
helpers for unskilled/semi-skilled work. Along this line, a
committee shall be formed to review any abuse of the helper's
intended functions. Such committee will be comprised of two
management representatives and two union representatives. It is
further understood that helpers are a separate seniority
classification. Employees hired as helpers may assist journeymen
employees by:
Using simple hand tools (hammer, pliers, etc.)
Performing work of a routine, repetitive nature where tolerances
and precision are not a factor.
Using power tools such as grinders, ▇▇▇▇▇▇▇, washers.
Parts and tool chaser.
Parts cleaner.
This list is intended to be examples of the type of work that the
parties agree is properly performed by helpers, it is not
intended as an exclusive or exhaustive list of acceptable helper
assignments.
It is understood and agreed that helpers shall work under the
direct supervision of a journeyman or leadperson assisting in the
performance of the work of their trade. (This provision does not
apply to helpers assigned to a composite crew.)
There may be a ratio of one (1) helper to every five (5)
mechanics within each craft. No helper shall be upgraded to
journeyman without the mutual consent of management and the Union
effected. Alleged abuse of this provision shall be subject to
the grievance procedure.
Recalled Employees
Any employee on the payroll as of the date of ratification and
any employee with seniority recall rights as of the date of
ratification who is laid off and recalled during the life of this
agreement shall be paid at least the same base rate upon recall
as he was paid upon his layoff.
SCHEDULE "B"
Plannerman
Applies to hourly rated craftsmen only, who do this work when
assigned. It does not apply to technical or administrative
employees.
Layer-Out
The classification of Layer-out as contained in Schedule "A" of
the Master Agreement is a mechanic who must have a thorough
knowledge of blueprints, who can lay out patterns and/or develop
and transpose the work from the print to the metal. He must have
knowledge of parallel and conic development, as well as simple
triangulation. The Layer-Out rate is to apply to those employees
when they are performing work falling within the scope of this
classification on the following basis:
(a) Layer-Out work performed for any period less than four (4)
hours duration, a minimum of four (4) hours pay at the Layer-Out
rate.
(b) Layer-Out work performed for any period over four (4) hours
duration, a minimum of eight (8) hours pay at the Layer-Out rate.
LETTERS OF UNDERSTANDING
Travel Time and Out-of-Yard Work.
Traveling time and conditions shall be as presently agreed to by
Employer and Signatory Unions to this Agreement, unless otherwise
mutually changed.
Conditions as presently agreed to by Employer and Signatory
Unions in the respective ports are as follows:
Out-of-Yard Work and Trial Trips:
Traveling time and conditions shall be as presently agreed to by
Employer and Local Lodge of the Union, unless otherwise mutually
changed.
1. When employees are required to work at sea or are assigned to
vessels on trial trips, or vessels anchored off shore, they shall
receive regular shift pay, meals and room accommodations when
necessary.
2. If employees are required to work or stand by outside of
their regular assigned shift hours, or on Saturday, Sunday or
holidays, they shall receive the established overtime rate as
defined in Article 8.
3. If employees are required to remain on the vessel, not
working or standing by, in excess of their regular shift hours,
they shall receive pay for the actual hours aboard said vessel at
their regular straight time hourly wage, not to exceed eight (8)
hours in any twenty-four (24) hour period.
Out-of-Town Work, Puget Sound Area Only: When employees are sent
on jobs out of town the following conditions shall prevail:
1. They shall receive first class board, lodging and
transportation when required to remain away overnight. "Coach
will be acceptable as First-Class air transportation."
2. They shall receive travel pay at double time before and after
the starting and quitting time of their regular shifts, not to
exceed eight (8) hours at straight time in any one (1) day of
twenty-four (24) hours. On extended trips of more than one (1)
day they shall receive not more than eight (8) hours at straight
time in any one (1) day of twenty-four (24) hours.
3. Employees required to work or travel on Saturday, Sunday or
holidays or required to work overtime before or after the regular
assigned shift for the job shall be paid at the overtime rate as
defined in Article 8 of the Master Agreement.
Trial Trips - Puget Sound Area Only
1. When employees are required to work at sea or are assigned to
vessels on trial trips or vessel anchored off shore, they shall
receive regular shift pay, meals and room accommodations when
necessary.
2. If employees are required to work or stand by outside of
their regular assigned shift hours, or on Saturday, Sunday or
holidays, they shall receive the established overtime rate as
defined in Article 8.
3. On trial trips at sea of one (1) day or less duration,
employees shall receive regular shift pay except that overtime
rates shall be paid before the regular starting time and after
the regular quitting time of the shift on which the employee is
regularly employed until the employee is returned to the shop.
4. When the trial trip extends beyond the limits of one (1)
twenty-four (24) hour period and only one (1) shift is used, the
employee shall be paid at his regular straight time rate for the
first shift worked, and double time for hours worked or standing
by beyond his shift, with a guarantee of a minimum of twelve (12)
hours work (sixteen (16) hours pay) within each twenty-four (24)
hours.
5. Trial trips returning at a time that provided less than a
shift off, the employees required by the Employer to return on
their regular day shift, will be paid the overtime rate. If the
day shift employee is not required to work on his regular shift,
he will be provided work on the regular "second" or swing shift.
6. When two (2) shifts are used, the following conditions shall
prevail: When two (2) shifts are worked, the "first" or day
shift shall start at the regular established starting time
recognized by each yard and shall last twelve (12) hours.
Employees shall receive sixteen (16) hours pay at the established
day shift rate. The "second" or night shift shall start
following the end of the twelve (12) hours period for the "first"
or day shift and shall end at the regular established graveyard
shift quitting time recognized by each yard. Pay for the
"second" or night shift shall be as follows: The first four (4)
hours shall be at double the regular day shift rate. The
following eight (8) hours shall be paid at the regular day shift
rate plus $1.00 per hour.
To the extent possible, night shift employees and ship's crew
will be berthed in separate quarters.
All hands will be paid from the time they are required to report
aboard until the beginning of the next regular shift.
Thereafter, off shift employees will not be paid until the start
of their next regular shift. If the ship returns to dock prior to
the starting time of the normal day shift, workers will work
normal day shift and swing shift hours that day.
If the ships returns to dock after the starting time of the
normal day shift, day shift works (is offered) the twelve (12)
hour shift, and night shift works (is offered) a full twelve (12)
hour shift, hours being the same as while at sea for that day,
and will work normal shifts hours the following day.
7. When three (3) shifts are used, each shift will consist of
eight (8) hours with a minimum of twenty-four (24) hours straight
time pay.
8. First class board and lodging shall be furnished to all
employees at sea on trial trips.
Out of Yard Work - Bremerton, ▇▇▇▇▇▇▇, Tacoma Areas
When employees are required to work in the areas specified above,
they shall be reimbursed for actual daily out-of-pocket expenses
such as parking and travel fees. Mileage or gas cost is not
considered as out-of-pocket expenses. Volunteers will be sought
first, the most senior employee shall have the first right of
refusal. Employees shall report directly to the job site at the
beginning of their respective shift and shall be responsible for
their own transportation to and from the job site.
NEGOTIATED HOURS
In order to remain competitive in the ship repair industry on the
West Coast, the parties hereto agree as follows:
That special hours of work, such as those contained in the 1993
▇▇▇▇▇▇ Project Agreement (4 x 10's & 3 x 12's), may be
established by the Company for jobs that will exceed twenty one
work days in length. Such schedules will only be utilized for
those projects wherein the establishment of special hours will
improve and enhance the Company's bid proposal and contribute to
a possible contract award and in no event shall the special hours
be applied to any job less than twenty one working days in
duration.
However, it is also understood that each project is unique and as
such, specifics of the special arrangements must be discussed and
negotiated with the Puget Sound Metal Trades Council.
If in the event the Company and the Unions cannot come to an
agreement on the terms and conditions of the optional work week
the Company may invoke the attached ▇▇▇▇▇▇ Agreement and will
abide by the terms set out in this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement this _____ day of ____________,1998.
EMPLOYER: INTERNATIONAL UNIONS:
The Seattle Division of ▇▇▇▇ Pacific Shipyards Corporation
By:
Title: President
International Brotherhood of Boilermakers
By:
UNIONS:
Carpenters International
By:
The Metal Trades Department of the AFL-CIO
By:
Electrical Workers International
By:
The Pacific Coast Metal Trades District Council
By:
Laborers International
By:
Puget Sound Metal Trades Council
By:
Machinists International
By:
Operating Engineers International
By:
The Painters International
By:
Sheet Metal Workers International
By:
Teamsters International
By:
United Association of Plumbers International
By:
SUPPLEMENTAL AGREEMENT BETWEEN THE INTERNATIONAL ASSOCIATION OF
MACHINIST AND AEROSPACE WORKERS AND THE PACIFIC COAST
SHIPBUILDING AND SHIP REPAIR FIRMS
This supplemental Agreement effective November 24, 1997 modifies
the Document entitled "Agreement between the Seattle Division of
▇▇▇▇ Pacific Shipyards Corporation" and the Metal Trades
Department of the AFL-CIO, the Pacific Coast Metal Trades
District Council, the Local Metal Trades Councils and the
International Unions signatory thereto" as far as it relates to
members of the International Association of Machinists and
Aerospace Workers, AFL-CIO.
The following Articles and sub-Articles shall apply to Machinists
and to the IAM and AW in lieu of those contained in the Master
Agreement.
ARTICLE 3. NON-DISCRIMINATION, RECOGNITION, UNION SECURITY,
HIRING, SENIORITY
3.5 Seniority:
With a view to maintain the most harmonious relations possible
and the utmost teamwork between employees, work shall be
distributed as evenly as possible among regular employees in
their various classification. In all layoffs and re-employment,
the rules of seniority shall prevail, where seniors are
competent; provided that the employee shall not be considered as
eligible for seniority until he has worked in an established
represented classification for a period of ninety (90) cumulative
working days within a nine (9) month period. Jobs of less than
ten (10) working days' duration shall apply to accrual of
seniority.
As an exception to the above paragraph, seniority shall not apply
to recall or layoff for jobs of less than ten (10) working days
duration starting on the first day following the placing of the
order at the Union Hall for an Employee.
(a) The Employer has the responsibility to call the Union Hall
for Employees with seniority for jobs regardless of duration and
to layoff by seniority as far as is practical under this
exception.
(b) The provisions under this exception are only to give the
right to the Employee with seniority to reject a job offer of
less than ten (10) 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
the ten (10) day period or less.
(d) If a job is not completed in the ten (10) working days
duration and is needed to be extended from one (1) to three (3)
working days beyond the ten (10) day duration, the Employer is
not required to call seniority Employees who were not available
or who originally rejected the ten (10) day call back for that
period of time.
(e) The employee shall retain seniority rights after layoff for
a period of time equivalent to his length of service up to a
period of two (2) years.
(f) The employee shall lose his seniority rights for any one of
the following reasons: voluntary termination; discharge for
cause; failure to report from layoff within three (3) working
days after notification to report, on a seniority recall ten (10)
days duration or longer provided that the three (3) day period
specified in this paragraph shall be extended as necessary in
cases of verifiable sickness.
(g) No employee shall be discriminated against or jeopardized in
seniority standing or suffer any loss of employment on account of
membership or activity in the International Association of
Machinists and Aerospace Workers Union, so long as such
activities are not carried on during working hours so as to
interfere with production at the plant.
(h) Upon request by the Business Representative or the chairman
of the Shop Committee, once in each three (3) months period,
lists of employees in the bargaining unit with their dates of
employment will be furnished by the Employer.
(i) Leading men not working with tools may be retained out of
seniority. Leading men working with tools will be laid off and
recalled to work according to journeyman's seniority. A leading
man who is retained out of seniority, and works with tools, will
immediately be subject to application of seniority.
(j) Shop stewards shall be granted super seniority on the jobs
they are capable of performing during their respective term of
office. The present ratio system of representation shall not be
expanded, except by mutual agreement of the Union and the
Employer.
(k) The Parties agree that generally in layoffs, seniority will
apply. Under special circumstances employees may be retained or
recalled for overtime work on the basis of qualifications or
availability.
(l) The Employer shall not be allowed to use short term layoff
in order to circumvent the seniority provision of the bargaining
agreement.
ARTICLE 14. REPORTING PAY AND MINIMUM PAY
14.3 Employees required to report for work and not put to work,
shall receive four (4) hours straight time pay. After an
employee has been dispatched by the Union to report to the
Employer for work, whether the same or the following day, such
employee shall not have his work order canceled by telephone by
the Employer.
14.5 Employees who voluntarily quit, lay off or are discharged
for cause shall be paid only for actual hours worked and shall be
given written notice of termination if requested by the employee.
ARTICLE 24. JURISDICTIONAL DISPUTES
25.4 The Employer agrees that no reassignment of work will be
made unless in conformance with Section 25.1 above.
SCHEDULE "A"
Inside Machinist Only
Journeyman Base Wage Rate: (Machine Operators Only)
January 1, 1997 $17.85
November 24, 1997 $18.45
August 1, 1998 $.60/hour to Wage/Fringe
For The Employer For The Union
By: By:
Title: Title:
Date: Date:
SUPPLEMENTAL AGREEMENT BETWEEN THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS AND THE PACIFIC COAST SHIPBUILDING AND SHIP
REPAIR FIRMS PREAMBLE
The Agreement made and entered into November 24, 1997 between the
Seattle Division of ▇▇▇▇ Pacific Shipyards Corporation" and the
International Brotherhood of Electrical Workers, Pacific Coast
Marine Council, Local 6, 46, 48, 76, 302 and 595, hereinafter
collectively called the "Union."
WITNESSETH:
The following articles and sub-articles shall apply in lieu of
those contained in the Master Agreement.
ARTICLE 1. SCOPE OF AGREEMENT
1.1 This Agreement shall cover all electrical production, repair
and maintenance employees within the bargaining unit (as defined
in NLRB Case 20-RC-2157, dated March 4, 1966) 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, mobile drilling
platforms, plant equipment and all auxiliary equipment used in
conjunction therewith.
ARTICLE 22.2
That in accordance with past practice, it is understood that if a
seafaring union affiliated with the Maritime Trades Department,
AFL-CIO establishes a lawful primary picket line by reason of a
dispute affecting employees represented by the seafaring union
employed on a specific vessel on which work is to be performed by
a Pacific Coast Shipbuilders' Association shipyard no employee of
the shipyard shall be subject to disciplinary action for failure
to perform work on the struck vessel as distinguished from other
shipyard work.
ARTICLE 23. GRIEVANCES AND COMPLAINTS
23.1 Step 4:
Substitute "International Representative of IBEW" for
"International President" of the Master Agreement.
SCHEDULE "B"
Plannerman
Principal Duties: Check all electrical prints. Check and
monitor all revision notices (RNs) and Engineering change notices
(ECNs). Maintain percent progress reports. Coordinate work with
other craft plannermen as necessary. Prepare schedules and work
orders.
Qualifications: Full knowledge of craft work. Able to read and
understand blueprints.
SCHEDULE "C"
Layers-out
The classification of Layers-out as contained in Schedule "A" is
a Mechanic who must have a thorough knowledge of blueprints, who
can lay out patterns and/or develop and transpose the work from
the Print to the metal. He must have a knowledge of parallel and
conic development, as well as simple triangulation.
To qualify for Layers-out pay, the mechanic must be assigned to
do the layout of such compartments as C.I.C. rooms or computer
rooms on shipboard in new construction and conversion work.
Determining normal locations of such items as wireways, lights,
fixtures, junction boxes, and panels do not qualify as Layers-out
work.
(a) Layers-out work performed for any period less than four (4)
hours duration, a minimum of four (4) hours pay at the Layers-out
rate.
(b) Layers-out work performed for any period over four (4) hours
duration, a minimum of eight (8) hours pay at the Layers-out
rate.
SCHEDULE "D"
ELECTRONIC TECHNICIAN CLASSIFICATION
An electronic technician is one who normally through special
study and training has the knowledge and ability to understand,
analyze, test, service, repair and adjust electronic equipment
(this shall include connector work performed by certified
electricians while engaged with navy vessel work). The
electronic technician shall perform trouble-shooting and testing
required on electronic equipment/devices for audio, video,
control circuits, remote and control instrumentation, telephone
switch, and welding machine maintenance, etc. an electronic
technician shall receive .50 (fifty cents) per hour over
journeyman rate. This shall be an in use rate. It shall not
include wiring circuits from the source of supply to the
equipment power terminal or connection, installation, or mounting
of electronic equipment and ancillary components.
ELECTRONIC TECHNICIAN II CLASSIFICATION
The following shall apply only to government contracts that use a
total ship test program. It shall be invoked only when ▇▇▇▇ is
required to use test memos for Combat Systems Testing that
require government approval.
All rates shall be "in use rates" and shall be written in on the
timecard for actual time spent doing actual Combat Systems type
work.
These rates shall apply while performing the actual test or any
related aligning/grooming to make the system ready for operation
testing. This does not apply to installation, cabling, hook-up,
wire checking, meggering or "state 2 testing".
Personnel performing the agreed work shall be able to use/operate
all test equipment and tools necessary to align, calibrate, and
operate the required systems.
Combat Systems type work as defined shall apply to radar, sonar,
communication, weapon, guidance, surveillance, and countermeasure
systems as used by the government onboard combatants. The
following are not considered Combat System type systems: Gyro's
and repeaters, frequency converters/M.G. sets, signal lights
(including infrared), wind speed & direction indictors, doppler
speed log/pit sword, alarms, (unless integral to the equipment),
and dial or sound powered telephones.
Electronic Technician II
Electronic Technician II $.95
Electronic Technician II {In accordance with Electronic
Technician II ▇▇▇▇▇▇▇▇▇▇} Article 4, Section 2
ELECTRONIC TECHNICIAN II shall be able to:
1. Operate equipment or systems.
2. Perform class "A", "B", "C", or 009-16 overhauls on
equipment.
3. Perform warranty and field service work in/or out of yard.
4. Research studies of equipment operational performances.
5. Research replacement material source.
6. Grooming, alignment, and calibration on equipment.
7. Initial light-off/start up of equipment system.
8. Troubleshoot and casualty repair equipment.
9. Perform test and evaluations in accordance with test
documents.
10. Perform evaluations of test criteria and/or test equipment.
SCHEDULE "E"
MAINTENANCE AND CONSTRUCTION WORK
Maintenance work shall be performed at wage rates and conditions
herein established. Maintenance work shall consist of
maintenance of all yard and plant facilities, and temporary
services to vessel undergoing repairs or in the process of
construction.
The following work, for example, when performed by employees of
parties signatory to this Agreement, shall be paid for at the
prevailing wage rate for Building and Construction Trades in the
area where performed.
The installation of any permanent new load center and branch
circuits therefrom.
Any new permanent addition of a branch circuit extending 25 feet
or more from an existing load center.
The permanent extension or relocation of any existing permanent
branch circuit to an area outside of a 25 foot radius of its
original location.
Any new permanent "under-pier" work requiring eight or more
manhours of labor.
The installation of any new or relocation of existing permanent
major plant equipment such as air compressors, boilers, cranes,
electrical distribution switchboards.
For The Employer For The Union
By: By:
Title: Title:
Date: Date:
SUPPLEMENTAL AGREEMENT BETWEEN THE PACIFIC COAST MARINE
CARPENTERS COUNCIL AND THE PACIFIC COAST SHIPBUILDING SHIP AND
REPAIR FIRMS
This Supplemental Agreement effective November 24, 1997 modifies
the Document entitled "Agreement between the Seattle Division of
▇▇▇▇ Pacific Shipyards Corporation and the Metal Trades
Department of the AFL-CIO, the Pacific Coast Metal Trades
District Council, the Local Metal Trades Councils and the
International Unions signatory thereto" as far as it relates to
members of the Pacific Coast Marine Carpenters' Council.
The following Articles and sub-Articles shall apply to Carpenters
in lieu of those contained in the Master Agreement.
ARTICLE 3.2 RECOGNITION
The Employer, pursuant to the decision of the N.L.R.B. case No.
20-RC-1327, recognizes the Pacific Coast Marine Carpenters'
Council as the sole and exclusive bargaining agent for all
employees who are members of the following Local Unions nos.
1149, 247, 470, 780, 2071, 562, 1184, 1532 and 1597 of the United
Brotherhood of Carpenters and Joiners of America, AFL-CIO.
ARTICLE 4. LEADING MEN
4.3 Add to existing:
(a) Working Leading men shall receive the Leading man rate over
and above the contract rate while engaged in work for which a
contract premium rate is paid. A Leading man on the jobsite
leading a crew composed of journeymen receiving such contract
premium rate also is entitled to Leading man pay over and above
the premium.
(b) It is agreed that when shipwrights are performing service
work for another craft they will be under the direction of the
supervision of that other craft. Shipwright crews performing the
production work of their own craft will be under their own
supervision.
ARTICLE 7. WAGE SCALES
7.5 Existing Wages and Conditions: It is agreed and understood
that this Agreement shall not operate to reduce any existing
wages that might be higher than those contained herein, nor shall
it be used to change any conditions existing prior to the signing
of this Agreement. However, if such conditions are in conflict
with this Agreement, the terms of this Agreement will prevail.
7.6 Job Classification Award: Should any award be rendered
giving a Union signatory to this Agreement the jurisdiction over
a job classification with a lesser wage rate there will be no
change in the wage rate for such classification.
ARTICLE 8. OVERTIME
8.9 Add: A reasonable opportunity to eat their lunch shall be
no later than one (1) hour following the end of their regular
established lunch period.
ARTICLE 10. VACATIONS
10.8 There shall be no vacation pay in lieu of a vacation.
Vacation pay accruing to the employee within his vacation year as
described above shall be paid to said employee upon completion of
his vacation year unless said employee is leaving the area, is
discharged, quits, or the Union makes written requests, in which
event he shall be paid in full such vacation pay as may have
accrued to him under the terms of this Article. When a temporary
employee is laid off, however, if he requests his vacation pay,
the Employer shall mail his pro rata vacation pay the following
work day to the address the employee designates.
ARTICLE 12. DIRTY WORK
12.3 Protective clothing will be made available when conditions
warrant men are assigned to dirty work.
12.4 Work performed for any period less than four (4) hours
duration a minimum of four (4) hours pay as set forth in Schedule
"A."
12.5 Work performed for any period over four (4) hours duration,
a minimum of eight (8) hours pay as set forth in Schedule "A."
12.6 The installation and removal of fiberglass, rockwool and
similar insulating materials shall be paid at the rate set forth
in Exhibit "B."
12.7 Employees required to do ▇▇▇▇▇▇▇▇▇ work with lumber treated
with creosote or other toxic materials as described in the U.S.
Bureau of Labor Safety and Health Regulations for Ship repairing
and/or shipbuilding as published by the Bureau of Labor
Standards, shall receive the premiums set forth in Exhibit "B."
ARTICLE 23. GRIEVANCES AND COMPLAINTS
Step 4.
In the event no satisfactory solution eventuates from Step 2
within five (5) working days, then the Local Union Representative
shall process such complaint, grievance or dispute with the
Employer. A Representative of the Marine Council or
International Union may be present to assist the Local Union.
ARTICLE 25. JURISDICTIONAL DISPUTES
25.2 Void - does not apply.
25.4 The Employer agrees that work assignments will be made to
the employees covered by this Agreement in accordance with the
established practice.
ARTICLE 27. TOOLS
27.4 It is hereby agreed that in respect to the safekeeping of
tools, the Employer will furnish a designated place for the
employee's tools to be placed while the employee is off shift.
In the event any tools or tool boxes are stolen from this
designated place, or lost due to fire, the Employer shall replace
such tools.
27.5 It is further agreed that each employee will furnish an
inventory in duplicate of these tools, and a copy of such
inventory shall be filed with the personnel department and the
employee's superintendent. Any additional tools that may be
purchased by the employee will be added to such list at the time
they are brought into the yard. The inventory shall be used for
the purpose of tool replacement only.
27.6 All tools shall be sharpened on the Employer's time.
EXHIBIT "B"
Carpenters
Carpenters engaged while working with creosoted, toxic materials,
treated lumber or fiberglass, rockwool, Styrofoam or similar
insulation work, greasing and waxing of the ways and the cutting
or grinding by machine of Marinate, asbestos materials and
fiberglass shall be paid in addition to their rate of pay, fifty
(50) cents per hour.
Wood caulking including reefing out and replacing of glue or
rubber in seams shall be paid in addition to their rate of pay,
fifteen (15) cent per hour.
For The Employer For The Union
By: By:
Title: Title:
Date: Date:
SUPPLEMENTAL AGREEMENT BETWEEN THE INTERNATIONAL BROTHERHOOD OF
BOILERMAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND
HELPERS AND THE SEATTLE DIVISION OF ▇▇▇▇ PACIFIC SHIPYARDS
CORPORATION
The Employer recognizes the International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and
Helpers as the exclusive Collective Bargaining Representative of
the employees included in the job classifications referenced in
this addendum, separate and apart from the Pacific Coast Metal
Trades Council, Puget Sound Metal Trades Council and the National
Metal Trades Department AFL-CIO.
Further, the parties expressly recognize that by signing this
agreement and addendum, the International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and
Helpers are not waiving their right to negotiate separate and
apart from the Pacific Coast Metal Trades District Council, Puget
Sound Metal Trades Council or the National Metal Trades
Department AFL-CIO.
Further, the parties expressly recognize that separate
notification pursuant to Article 31 of the Collective Bargaining
Agreement must be given to or received from either the
International Brotherhood of Boilermakers, Iron Ship Builders,
Blacksmiths, Forgers and Helpers or their Subordinate ▇▇▇▇▇ ▇▇▇,
▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ should ▇▇▇▇ Pacific Shipyards Corporation or
the International Brotherhood of Boilermakers, Iron Ship
Builders, Blacksmiths, Forgers and Helpers or their Subordinate
Local 104 wish to modify or amend this agreement.
Job classifications covered by this Agreement shall be:
Shipfitter, Welder, Burner, Rigger and Drydock Rigger.
For The Employer For The Union
By: By:
Title: Title:
Date: Date:
LETTER OF UNDERSTANDING INTRA-UNION CLASSIFICATIONS
The Company and Boilermakers recognize the importance of allowing
employees the ability to acquire and utilize additional skills
within their own union; thereby providing job enrichment and a
better qualified and more efficient workforce. Effective with
the ratification of the 1996 agreement, employees within the
Boilermakers will have training opportunities to acquire skills
from associated classifications within their union.
Classifications as discussed herein include Shipfitters, Welders
and Riggers all of whom will be offered training on a voluntary
basis. A Boilermaker journeyman, while possessing one main area
of expertise (e.g., shipfitting, welding, rigging), shall be able
to accomplish work in any of the three areas.
In order to best accomplish the above process, employees who do
not possess all of the skills of the Boilermaker classification
will be offered training in those areas that are not their
current primary classification. Upon successful completion of
the prescribed number of training hours and passing practical and
theoretical course material, as mutually agreed by the employer
and union, persons shall be deemed qualified within that
additional classification. Training shall be offered to all
volunteers within seniority as of the date of ratification of the
1996 collective bargaining agreement.
After this date, Boilermakers dispatched without seniority shall
either possess the demonstrated skills and abilities to perform
work in all current Boilermaker classifications or, in the
alternative, agree to receive training to obtain said skills.
Recognizing that not all Boilermakers will be interested in
obtaining further training to accomplish a wider variety of work,
it is agreed that all Boilermakers having seniority in any
current Boilermaker classification shall at the time of
ratification be grandfathered as to their current seniority
rights.
For The Employer
By:
Title: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, Secretary and General Counsel
Date:
For The Union
By:
Title: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Business Manager
Date:
Letter of Understanding Between the United Association of
Journeymen and Apprentices of the
Plumbing and Pipefitting Industry of the United States and
Canada, AFL-CIO and the Seattle Division of ▇▇▇▇ Pacific
Shipyards Corporation
November 24, 1997 to July 31, 1999
The following Articles and sub-Articles shall apply to
Pipefitters and to the United Association in lieu of those
contained in the Master Agreement.
ARTICLE 10.8
There shall be no vacation pay in lieu of a vacation. Vacation
pay accruing to the employee within his vacation year as
described above shall be paid to said employee upon completion of
his vacation year unless said employee is leaving the area, is
discharged, quits, or the Union makes written request, in which
event he shall be paid in full such vacation pay as may have
accrued to him under the terms of this Article. However, this
written request will not be honored more than once every ninety
days. When a temporary employee is laid off the Employer shall
mail his pro rata vacation pay within two working days to the
address the employee designates.
ARTICLE 12.3
Protective clothing will be made available when conditions
warrant men being assigned to dirty work.
ARTICLE 12.4
The employer shall make available, at no cost to employees,
proper preventive care, including, but not limited to gamma
globulin shots, for hepatitis and other diseases caused by
exposure to human waste.
Premiums
P-1 Piping $.35 hour
High Pressure Silbrazers $.35 hour
Waveguides $.50 hour
Refrigeration $.75 hour
Benders $.35 hour
For The Employer For The Union
By: By:
Title: Title:
Date: Date:
Letter of Understanding Between The International Union of
Operating Engineers Local 302, AFL-CIO and the Seattle Division
of ▇▇▇▇ Pacific Shipyards Corporation.
November 24, 1997 to July 31, 1999
The following Articles and sub-Articles shall apply to crane
operators in lieu of those contained in the Master Agreement.
ARTICLE 13 Maintenance Work
The employer shall pay outside scale per AGC/Local 302 master
labor agreement for all work on maintenance projects when the
crane operator(s) are assisting contractors or crafts being paid
outside construction scale.
Schedule "B"
(a) A crane operator can make two (2) moves involving two (2)
pieces of equipment in one shift. For each additional move, the
operator shall receive one (1) hour at the straight-time rate.
(b) A crane operator, while engaged in making a multiple crane
lift where two (2) ▇▇▇▇▇▇▇ cranes are lifting simultaneously,
shall receive a premium of seventy-five cents (75) per hour
from hook-on to hook-off.
For The Employer For The Union
By: By:
Title: Title:
Date: Date:
Letter of Understanding Between The International Brotherhood of
Painters Local 300 AFL-CIO and the Seattle Division of ▇▇▇▇
Pacific Shipyards Corporation.
November 24, 1997 to July 31, 1999
The following Articles and sub-Articles shall apply to painters
in lieu of those contained in the Master Agreement.
ARTICLE 21. APPRENTICESHIP AND TRAINEE PROGRAM
The parties agree to establish an apprenticeship program in
accordance with the applicable State standards.
SCHEDULE "A"
The individual painter working as the Hazardous Substance
Technician shall receive an additional $.50 per hour on an as
engaged basis.
SCHEDULE "B"
The Spray Painter rate ($.25 per hour) is to apply to employees
who are classified as Painters in accordance with Schedule "A" of
the Agreement. The Spray Painter rate is to apply to those
Painters when they are performing work falling within the scope
of this classification on the following basis:
(a) Spray painting work performed for any period less than four
(4) hours duration, a minimum of four (4) hours pay at the Spray
Painter rate.
(b) Spray painting work performed for any period over four (4)
hours duration, a minimum of eight (8) hours pay at the Spray
Painter rate.
For The Employer For The Union
By: By:
Title: Title:
Date: Date: