Article IX. ILA Jurisdiction Over Maintenance and Repair Work PDF Print E-mail
Monday, 02 July 2007


Section 1. Maintenance and Repair Work.

It is agreed that the jurisdiction of the ILA shall cover the
maintenance and repair of equipment (which term includes containers
and chassis) and such equipment as its members have historically
maintained and which is owned, controlled, operated, or interchanged
by USMX members including, but not limited to (a) container cranes,

(b) container handling equipment and (c) container cranes and
container handling equipment which are acquired for new deep-sea
terminal facilities. The ILA’s jurisdiction remains in effect at
waterfront container facilities and/or off-pier premises used for
servicing and repair of equipment covered by this Master Contract
in accordance with the Containerization Agreement. Further, all said
equipment, be it owned, leased or controlled by USMX members
and/or signatories to the Master Contact, etc., once it is presented at
waterfront facilities, shall be covered by this Master Contract.
Furthermore, it is recognized that the marine terminal work of all
ILA crafts has been traditionally performed on piers and waterfront
facilities. When such marine terminal work is moved off the marine
terminal by the terminal operator or by a signatory carrier to facilities
in the port area, the ILA shall retain its work jurisdiction, where the
work is the work that would have been performed in the marine
terminal or port area.
Section 2. Major Damaged Equipment.

Major damaged equipment must be repaired in the port where
the major damage is discovered provided, however, that where a
carrier needs to reposition empties or where it is otherwise necessary
to its operations, a carrier shall notify the ILA maintenance local of
the repositioning and the equipment numbers of the major damaged
equipment. Thereafter, it shall also report the time, place and nature
of the repairs performed by ILA labor in an ILA port on such damaged
equipment. Such notification shall be subject to the audit procedure.
In fulfilling the above objectives, it is agreed that:



(a) No damaged equipment shall be loaded aboard ship for
export except under the procedures provided below.
(b) No employer or carrier shall permit damaged equipment
to leave the compound except under the procedures
provided herein.
(c) The employers and carriers shall not enter into any leasing
agreement that circumvents the work jurisdiction of the
ILA covered under this Master Contract.
Section 3. Determination Procedure.

(a) An ILA/Carrier Master Contract Committee has
established amended criteria, which are appended to this Master
Contract as Appendix D, for a container with major damage in
accordance with uniform criteria which relate to safety, structural
soundness, roadability and seaworthiness of the various types of
containers. These criteria shall be distributed to the ILA maintenance
employees in the inspection (or roadability) lanes at each container
(b) In accordance with the criteria established in subparagraph
(a) of Article IX, Section 3 of this Master Contract, ILA employees
may designate a container or chassis which they examine and find
damaged (as defined in such subparagraph (a) criteria) as out of
service on a T.I.R. form and such container shall be placed in a
deadline status in accordance with the procedures of the terminal
(c) The carrier shall be notified of such designation as soon
as possible and shall have the right to determine that such container
or chassis shall either be repaired (in an ILA port of its choosing) or
if it disagrees with the ILA determination that such container was
damaged within the subparagraph (a) criteria, the container in
question shall be placed back into service or repositioned as an empty.
Section 4. Grievance and Audit.

The ILA shall have the right to be informed of the action so
taken and to grieve the matter, if it so desires, under the terms and



conditions of the grievance procedures agreed to by the parties in
this Master Contract. If it is determined under such grievance
procedure that the container in question should have been repaired,
the carrier shall pay liquidated damages of $1,000 per container
($2,000 per container for willful violations), as ruled in such
determination. Fact-finding and audit under the grievance procedure
shall be provided by an independent auditor selected by the parties
who shall have the right to audit all applicable documentation of a
carrier to determine compliance with this Master Contract. Such audit
shall be available to the grievance procedure and may be used to
establish compliance or the lack thereof.
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