Appendix A. Containerization Agreement PDF Print E-mail
Monday, 02 July 2007
APPENDIX A

CONTAINERIZATION AGREEMENT

1. The Agreements of "Management" shall set forth the work
jurisdiction of employees covered by the said Agreements in the
following terms:
Management and the Carriers recognize the existing work
jurisdiction of ILA employees covered by their agreements
with the ILA over all container work which historically
has been performed by longshoremen and all other ILA
crafts at container waterfront facilities. Carriers, direct
employers and their agents covered by such agreements
agree to employ employees covered by their agreements
to perform such work which includes, but which is not
limited to:

(a) the loading and discharging of containers on and off
ships
(b) the receipt of cargo
(c) the delivery of cargo
(d) the loading and discharging of cargo into and out of
containers
(e) the maintenance and repair of containers
(f) the inspection of containers at waterfront facilities
(TIR men).
As pertains to (e) above, the Carriers Container Council is and
shall remain party to the Charleston Container Maintenance and
Repair Contract, effective October 1, 1980 on behalf of all of its
members and agrees that an identical contract binds its members as
to container maintenance and repair in each South Atlantic port. It is
further agreed that the Carriers shall only use vendors who have
subscribed to such agreements. Fringe benefit coverage shall be under
the South Atlantic Funds including GAI, Vacation, Holiday, Container

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Royalty and local deepsea Welfare and Pension Funds. It is further
agreed that each Carrier shall subscribe to the foregoing.

2. Management, the Carriers, the direct employers and their
agents shall not contract out any work covered by this agreement.
Any violations of this provision shall be considered a breach of this
agreement.
3. Management and the Carriers agree that the payment of
container royalties, as [hereinafter] provided in their agreements, is
of the essence to this agreement and, if for any reason during the
term of this agreement such payments cannot be made in their present
form, then Management and the Carriers shall provide, by some other
form of assessment, for the payment of equivalent amounts to be
used for the same purposes as said container royalties are presently
used.
(NOTE: Sections 4, 5, 6 and 7 have been deleted.)

8. Termination of Agreement: If any article, section,
paragraph, clause or phrase of this Agreement shall, by any state,
Federal or other law, or by any decision of any Court or
Administrative Agency, be declared or held illegal, void or
unenforceable, or be enjoined in any port where the Rules on
Containers, hereinafter, are in effect the entire Agreement shall
terminate upon sixty (60) days written notice to the other party hereto,
in such event, the parties agree to enter into negotiations and either
party shall have the right to renegotiate any and all terms of the
Master Agreement. If no agreement is reached within the sixty (60)
days notice period, the ILA shall have the right to strike and
Management shall have the right to refuse to hire employees under
this Agreement. The negotiations referred to above shall, under no
condition, be subject to grievance or arbitration under this agreement
or under any Local Agreement.
9. Violations of Agreement: This Agreement defines the
work jurisdiction of employees and prohibits the subcontracting out
of any of the work covered hereby. It is understood that the provisions
of this Agreement are to be rigidly enforced in order to protect against
the further reduction of the work force. Management believes that
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there may have been violation of work jurisdiction, of subcontracting
clauses, and of this Agreement, by steamship carriers and direct
employers. The parties agree that the enforcement of these provisions
is especially important and that any violation of such other provisions
is of the essence of the Agreement. The Union shall have the right to
insist that any such violations be remedied by money damages to
compensate employees who have lost their work. Because of the
difficulty of proving specific damages in such cases, it is agreed
that, in place of any other damages, liquidated damages of $1,000.00
for each violation shall be paid to the appropriate Welfare and Pension
Funds. Liquidated damages shall be imposed by the Emergency
Hearing Panel described below.

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