Article V. Utilization of Work Force PDF Print E-mail
Monday, 02 July 2007
ARTICLE V
UTILIZATION OF WORK FORCE
Section 1. New Employees.

(a) New employees shall be required to pass a mandatory
physical examination and a drug test as established by Management
and the ILA after they are offered employment and before they engage
in any services.
(b) New employees shall also be required to pass ability and
proficiency tests approved by Management and the ILA and shall
also be required to be recertified every two (2) years in the case of
equipment operators, clerical employees, and maintenance
employees.
Section 2. Training.

Employees who operate or otherwise handle, or are selected to
operate or otherwise handle, wheeled equipment, cranes or other
moving equipment or who perform maintenance or clerical work
shall receive such training as may be required from time-to-time by
Management and shall be subject to such recertification requirements
as shall be established by Management and the ILA, including a

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physical examination designed by Management and the ILA to
demonstrate the employee’s ability to perform the essential functions
of the employee’s job.

Section 3. Flex-Time.

(a) Terminals. Each local port or district must institute a flextime system at waterfront terminals for the receiving and delivery of
containers and chassis and for work associated with these functions
with the details of flex-time to be worked out on a local basis in
accordance with the following basic principles:
(i) For all hours worked before 8:00 A.M. and after 5:00 P.M.,
the wage rate shall be 1 and 1/4 times the straight-time
basic hourly rate except on Saturdays, Sundays and
holidays, when the wage rate of 1 and 1/2 times the straight-
time basic hourly rate shall apply.
(ii) The minimum hourly guarantees shall begin at the time
the employees begin work.
(iii) After eight (8) hours worked in any day, the overtime rate
of 1 and 1/2 times the straight-time basic hourly rate shall
apply.
(iv) Starting times and meal hours are local issues.
(b) Ship Operations. Any port or district may implement a
ship or barge operation flex-time system which shall provide for
flexible starting times and shift operations. The minimum hourly
guarantees shall begin at the time the employees begin work. Starting
times and meal hours are local issues.
Section 4. Gang Size.

(a) Longshore Gang. A two-employee reduction in the total
operation of the longshore gang for container and ro-ro ships went
into effect on October 1, 1996, and an additional one-employee
reduction went into effect on October 1, 1998. These reductions had
to be made from other than drivers and/or crane operators. These
reductions shall remain in effect during the term of this Master
Contract.
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(b) Feeder Barge Gang. The same reductions in the minimum
gang size set forth in Article V, Section 4(a) of this Master Contract
went into effect for a feeder barge gang under the Feeder Barge
Agreement, which is limited to barges with a capacity of up to 350
containers. These reductions shall remain in effect during the term
of this Master Contract.
(c) Small Boat Gang. The same reductions in the gang size
set forth in Article V, Section 4(a) of this Master Contract went into
effect under the Small Boat Agreement, which is limited to ships
with a capacity of up to 500 TEUs. These reductions shall remain in
effect during the term of this Master Contract.
Section 5. Staffing.

(a) Checker. One (1) checker shall be assigned to a longshore
gang.
(b) LTL Staffing. The minimum stuffing and stripping gang
for loading and unloading containers shall consist of one (1)
longshoreman and one (1) checker, who shall work as directed on
one or more containers or trucks simultaneously.
Section 6. Local Bargaining.

Subject to the provisions of Article V of this Master Contract,
manning, staffing, and the number and use of employees in all crafts
shall be the subjects of local bargaining for the purposes of improving
port productivity.
 
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