Bulletin # 04-14
February 25, 2014
STOP WORK MEETING
MARCH 6, 2014 @ 7:00 P.M.
Reminder – Stop Work Meeting, Thursday, March 6, 2014 @ 7:00 p.m. at ILWU Memorial Hall. Brothers & Sisters, please plan to attend – we have a lot of union business to take care of. The agenda will include the following discussions:
1) Doubleback
2) 9.41 Complaints
3) Crane Gangs
ATTENTION ALL MEMBERS
ENFORCEMENT OF PCLCD SECTION 9.41
EFFECTIVE MARCH 1, 2014
Please read the following letter dated February 20, 2014 received from PMA in regards to Section 9.41 of the PCLCD “Trained and/or qualified skilled men shall accept work in their skill when checked in for work or while working in other categories. Failure to do so shall result in removal from the qualification list of the skill in which they are failing to work, and such men shall not be eligible for future promotion or future skilled training programs.
PACIFIC MARITIME ASSOCIATION Southern California Area
300 Oceangate, 12th Floor, Long Beach, California 90802
February 20, 2014
Mr. Mark Williams Secretary/Treasurer
ILWU Local 13
630 South Centre Street
San Pedro, California 90731
Re: Enforcement of PCLCD Section 9.41
Dear Mr. Williams:
In Special LRC Meeting SCLB-0209A-2004, held November 2, 2004, the Joint Port Labor Relations Committee agreed that individuals trained in skilled equipment shall not be eligible to accept dispatch to flex jobs unless the job is in his or her trained skill category. Since this agreement was reached the Committee has, at times, excused individuals from Section 9.41 violations for accepting dispatch to flex jobs. Given the chronic problem of skilled labor shortages over the past year, the Employers believe that it is time for a change in how the Committee enforces Section 9.41 of the PCLCD. This letter serves as notice to the Union that the agreement outlined in SCLB-0209A-2004 will be enforced and anyone accepting dispatch to a flex job in lieu of a skilled job in his or her category will be charged with a violation of Section 9.41.
Furthermore, at yesterday’s arbitration hearing, Local 13 asserted that flex jobs are ‘volunteer’ and therefore, anyone accepting a flex job is not required to cover skilled jobs for which they are jointly trained and certified. The Employers’ position on this matter is that, though flex jobs are volunteer, accepting dispatch to those jobs does not relieve any individual of his or her obligation to cover skilled jobs, pursuant to Section 9.41 of the PCLCD. Enforcement of Section 9.41 will include Employer complaints filed against trained individuals accepting dispatch to flex jobs on a date when jobs in his or her skilled category are unfilled in the Joint Longshore Dispatch Hall.
The Area Arbitrator ruled in Arbitration Award SCAA-0036-2002 that longshore workers jointly certified in skilled equipment must work in his or her highest skill category. The Employers maintain that accepting dispatch to a lower skilled job (e.g. working in categories such as UTR, C/L, or H/L when trained in CY) does not relieve any individual of his or her obligation under Section 9.41 of the PCLCD. As Local 13 contended in yesterday’s arbitration hearing, the Joint Port Labor Relations Committee has a past practice of allowing for exceptions to Section 9.41 violations for those individuals working in a lower skilled category. The Employers acknowledge this past practice; however, moving forward there will be no such exceptions made.
This letter serves as formal notification that effective March 1, 2014, the Association will be pursuing Section 9.41 violations against those individuals accepting dispatch to flex jobs, as well as those working out of category whenever skilled jobs do not fill at the Joint Longshore Dispatch Hall. Section 12.2 of the PCLCD obligates the Union to inform all registered members of their collective and individual responsibilities under the Agreement. We trust that Local 13 will honor this provision and inform its and membership of these changes.
Cordially,
Jeremy Bridges
Assistant Director,
Contract Administration & Arbitration
Fraternally,
Chris Viramontes Julie Brady Mark Williams
President Vice President Secretary/Treasurer