Article X. New Technology PDF Print E-mail
Monday, 02 July 2007
ARTICLE X
NEW TECHNOLOGY
Section 1. Impact on Employees.

Where new devices and new methods are utilized, it is recognized
that these make the ILA more competitive and their employers more
able to provide continued employment. Management also agrees that
the impact on employees of any new technology shall be the basis
for prior discussions with the ILA. It is agreed that all affected
employees who held the positions which have become impacted and
discontinued by technology will be afforded the opportunity for
retraining at Management’s expense to acquire the necessary skills
for employment in this industry. Employment positions within the
ILA work jurisdiction resulting from technological changes will be
offered to ILA employees affected by such changes to the extent that
they are able to perform such work with reasonable training. Persons
trained under such a program must accept jobs so offered.

Section 2. Notification.

Management shall discuss the impact of the new technology on
the workforce with ILA representatives. An employer shall be
required to notify in writing the ILA International President and
representatives in the local port area of the employer’s intended
introduction of new technology no later than one hundred eighty

(180) days prior to the scheduled date of the employer’s
implementation of the new technology.
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Section 3. Grievance.

On failure to reach agreement, the new technology shall not be
placed in effect but held in abeyance for a maximum period of sixty

(60) days after either side has filed a grievance provided the grievance
is filed no later than the sixtieth (60th) day after the issuance by the
employer of the notice to ILA representatives in the local port area.
The grievance shall be heard and resolved by a three-person panel.
The panel shall consist of one (1) person selected by the ILA, one
(1) person selected by Management, and an arbitrator selected
pursuant to the procedures set forth in Article XIII, Section 6 of this
Master Contract. A grievance may be filed only as to the impact of
new technology on the workforce including any workers who may
be displaced.
Section 4. Time Limits.

The following time limits shall be applicable:

(a) Filing of the grievance, and discussion thereafter for a
maximum of twenty (20) days.
(b) On failure to agree, an expedited arbitration will be held
and a determination to be issued by the panel on or before
the sixtieth (60th) day after the filing of the grievance.
(c) The panel shall issue its decision within such 60-day period
and the new technology may not be placed in effect by
Management until after the panel’s decision which shall
have only prospective effect.
 
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