Article XIV. Accomodations PDF Print E-mail
Monday, 02 July 2007
ARTICLE XIV
ACCOMMODATIONS
Section 1. Existing Accommodations.

Every accommodation in effect on September 30, 2004, shall
continue in effect during the term of this Master Contract. The
accommodations in effect as of October 1, 1996, are found in the
Appendix attached to the Agreement on Master Contract Issues that
was executed by the parties on November 21, 1996, and became
effective as of October 1, 1996. The accommodations that went into
effect after October 1, 1996, and remained in effect as of September
30, 2004, are found in the March 22, 2002 Memorandum To All

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USMX Members from James A. Capo, Chairman/CEO of USMX
Re: Master Contract Amendments and Accommodations. An
additional accommodation pertaining to the Puerto Rican trade dated
December 23, 2003, is attached hereto as Appendix F.

Section 2. Future Accommodations.

On and after the effective date of this Master Contract any further
accommodation relating to containerization and ro-ro shall be placed
in effect only if it is agreed to by the Co-Chairmen of the IAC and
such action has been ratified by a meeting of the IAC first held
immediately following the agreement between the Co-Chairmen.
Each new accommodation must meet the following principles:

(a) The accommodation must be one which is absolutely
essential to the preservation of the existence of the ILA
workforce in the port or district involved.
(b) The accommodation does not impact any of the benefit
funds unless the parties at the same time agree to a
reduction of benefits. In no event may such regional
accommodation prevent the port or MILA from making
required contributions to MILA.
(c) Such regional accommodation may be adopted by the port
or district immediately adjacent to the port or district in
which the accommodation has been made only upon the
approval of the Co-Chairmen and the IAC.
(d) Such accommodations shall be available to employers and
carriers in other ports similarly situated only with the
approval of the Co-Chairmen and the IAC.
(e) In the event any new accommodation is placed into effect
without following the procedure set forth in this document,
then and in that event, the guilty party or parties shall be
subject to the payment of liquidated damages which shall
be determined by the IAC, or on failure to agree by the
IAC, by an arbitrator acting pursuant to the terms of this
Master Contract.
(f) Any accommodations given by the ILA to any employer
or carrier may be placed in effect by any employer or carrier
similarly situated.
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(g) The Co-Chairmen and the IAC shall have full power and
jurisdiction to enforce and interpret the provisions of this
Article XIV.
 
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