Article VIII. ILA Jurisdiction Over Clerical Work PDF Print E-mail
Monday, 02 July 2007
ARTICLE VIII
ILA JURISDICTION OVER CLERICAL WORK
Section 1. Clerical Work.

Clerks shall perform all clerical work on container waterfront
facilities which traditionally and regularly has been performed by
them, including but not limited to work related to the receipt and
delivery of cargo, hatchchecking, prestow, hatch sequence sheet, plan
clerking, recording of receipt and delivery of containers received or
delivered at waterfront facilities, timekeeping, location and yard
work, and demurrage recording, which work shall not be removed
from the waterfront facility. The input and output of information by
computers related to the foregoing work functions shall also be
performed by Checkers and Clerks.

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Section 2. Guidelines.

(a) Framework. The members of the Jurisdiction Committee,
in order to provide a framework to resolve outstanding issues
regarding the jurisdiction of the ILA Clerks and Checkers, have
agreed upon the following definitions and the statement of principle
that will be used to define and identify the specific functions that fall
within the ILA’s jurisdiction.
(b) Statement of Principle. In applying Article VIII, Section
1 of the Master Contract, members of the Jurisdiction Committee
shall be bound by the following principle: Management and the ILA
agree that the ILA Clerks and Checkers shall have jurisdiction over
each and every function set forth in Article VIII, Section 1 of this
Master Contract which is performed on container waterfront facilities
on behalf of signatory employers in each and every port covered by
the Master Contract, provided that such function was at any time in
the past performed by the ILA Clerks and Checkers in that port. It is
further understood that clerical work currently performed by state
port authorities or government agencies, if discontinued, will fall
under the ILA’s jurisdiction.
(c) No Waiver. Unless there is agreement between the ILA in
a local port and an employer in the local port, any deviation from the
jurisdiction provisions of the Master Contract shall not constitute a
waiver, amendment or rescission of the jurisdiction provisions of
the Master Contract.
Section 3. Glossary of Terms.

The following basic list of terms are intended to be descriptive
and not all encompassing and are not intended to limit the jurisdiction
or functions of the ILA Clerks and Checkers as they exist under
local agreements in the various ports covered by the Master Contract:

(a) Receiving and Delivery of cargo shall mean checking and/
or clerking of all cargo received into and/or out of a
container terminal operated and controlled by a USMX
member company. The input and output of information
related to change of status (e.g., change of vessel, change
of discharge port, etc.) once the container is received at
the waterfront facility shall also be performed by the
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Checkers and Clerks. Management and the ILA agree that
they will develop a methodology to confirm who is
performing computer input work that falls within the ILA’s
jurisdiction. Both Management and the ILA agree that the
methodology will vary from one terminal to another
because of the different computer systems utilized in
various ports and terminals.

(b) Hatchchecking shall mean the checking, tallying,
verification and recording of all containers and/or cargo
loaded, discharged or restowed to/from a vessel or barge
at a container terminal operated and controlled by a USMX
member company.
(c) Prestow and Plan Clerking shall mean the making of
sequence sheets and/or the making of a prestow plan that
would be used in loading and discharging vessels and
barges in accordance with Management instructions. Such
work shall include but not be limited to all work relating
to the bay plan. The use of a computer in the performance
of the above function falls within the ILA’s jurisdiction.
(d) Timekeeping shall mean the timekeeper’s duties and
functions, which shall include, at the discretion of
Management, but not be limited to, keeping longshore time
and the preparation of time sheets and payroll information.
If a computer is used to perform this function, this will
fall under the ILA’s jurisdiction.
(e) Location and Yard Work shall mean the identification,
location and control of all containers, chassis, and/or cargo
to be loaded, discharged or restowed to or from the vessel
or barge. Necessary paperwork and computer utilization
required to perform these clerical functions, as required
by Management’s direction and planning, shall fall within
the ILA’s jurisdiction.
(f) Demurrage Recording shall mean the preparation,
computation, and checking of container demurrage
receipts.
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