Scope Of Contract

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1.1

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1.1 Within the States of California, Oregon and Washington, all movement of cargo on vessels or loading to and discharging from vessels of any type and on docks or to and from railroad cars and barges at docks is covered by this Contract Document and all labor involved therein is assigned to longshoremen as set forth in this Section 1.

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1.2

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1.2 Dock work provisions.

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1.11

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1.11 This Contract Document covers the movement of outbound cargo only from the time it enters a dock and comes under the control of any terminal, stevedore, agent or vessel operator covered by this Contract Document and coversmove- ment of inbound cargo only so long as it is at a dock and under the control of any vessel operator, agent, stevedore, or termi- nal covered by this Contract Document. In instances where an Employer asserts it had no control of the movement of the car- go in question, the responsibility of proving such lack of con- trol shall be upon the employer.

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1.21

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1.21 When an employer chooses to perform the following dock work, such work is covered by this Contract Document and all labor involved therein is assigned to longshoremen:
(a)High piling cargo and breaking down high piles of cargo,
(b)Sorting of cargo,
(c)Movement of cargo on the dock or to another dock,
(d)The removing of cargo from cargo boards,
(e)Building any loads of cargo on the dock,
(f)Multiple handling of cargo,
(g)Loading and unloading of containers at intermodal rail yards on dock (as defined in Section 1.92) and near dock, (i.e., not on dock, but adjacent to an em- ployer’son-dock container yard) under the control of any employer covered by this Contract document shall be assigned to longshoremen — exception: un- less such work at the intermodal yard has been as- signed to other workers under terms of a collective bargaining agreement. An intermodal rail yard can only be designated as an on dock or a near dock but cannot be defined as both.
1.Uninterrupted movement of containers, 365 days a year, 24 hours per day (no non-work days). (See July 1, 1996, Letter of Understand- ing.)
2.Available shift starting times: day shift 0700, 0800 and 0900; night shift 1700, 1800, 1900, 0200 and 0300.
3.Side gate and expedited gate procedures.
4.Maximum of 10 hours for the purpose of finish-
ing a train.

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1.211

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ception: The intraport drayage of cargo, containers, chassis and cargo handling equipment shall be assigned, in ei- ther direction, to longshoremen whenever such drayage is be- tween an on-dock container yard (as defined in Section 1.92) and a near-dock rail yard (i.e., not on-dock but adjacent to such container yard) which is covered by this Contract Document

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1.212

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1.212 When the following dock work is performed, such work is covered by this Contract Document and all labor involved therein is assigned to longshoremen:
Consolidating containers or chassis on the dock for storage or delivery purposes.

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1.22

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1.22 Cargo received on pallet, lift, or cargo boards, or as unitized or packaged loads shall not be rehandled before mov- ing to ships’ tackle, unless so directed by the employer.

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1.23

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1.23 Any load of cargo discharged from a vessel may be dock stored just as it left the hatch.

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1.24

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1.24 Any load of cargo discharged from a vessel may, in whole or part, be rearranged if necessary for dock storage. Such cargo shall not be considered high piled unless stored more than 2 loads high.

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1.241

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1.241 Newsprint in rolls shall not be considered high piled unless stored more than 2 high, except that half size rolls (36'' or less in height) shall not be considered high piled unless stored more than 4 high.

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1.25

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1.25 Cargo may be removed by the consignee or his agent, without additional handling by longshoremen except for breaking down high piles and any other work as the employer may choose to have done under Section 1.21.

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1.26

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1.26 If jurisdictional difficulties arise in connection with the performance of dock work, whatever jurisdictional agree- ments are reached shall not result in multiple handling.

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1.27

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1.27 Provisions relating to sorting or subsorting cargo to marks shall not prohibit a drayman from taking or rearranging such already sorted cargo for the purpose of properly loading his truck.

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1.28

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1.28 Masonite, hardboard and similar commodities are not high piled if the commodity is dock stored for delivery to a truck in piles not to exceed approximately 6 feet in height.

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1.3

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'll1.3 Any class of seamen in the employ of a vessel operator may do the work herein assigned to longshoremen that such seamen in their class now do, or may do, by practice arrived at by mutual consent of the parties or the Joint Coast Labor Rela- tions Committee

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1.4

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1.4 The Union may at any time, in general or limited terms, waive in writing the right of longshoremen to do any portion of the work herein assigned to longshoremen or so accept an in- terpretation of such assignment, and to the extent and for the time that such waiver or interpretation is accepted by the As- sociation in writing the employer may assign or permit assign- ment of excepted work to any other class of workers consistent with such waiver or interpretation. Among the waivers and in- terpretations that have been made and accepted are: (See Ap- pendix I, Memorandum of Understanding between ILWU and IBT

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1.41

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1.41 The Employers have the right to have trucks come un- der the hook to move heavylifts, dunnage, lining material, long steel, booms, and ship-repair parts directly from truck to ship and/or ship to truck.

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1.42

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1.42 Longshoremen will load or discharge trucks operat- ing in direct transfer to or from the ship and otherwise will work on trucks when directed to do so by the employer.

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1.43

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1.43 Teamsters may unload their trucks by unit lifts (ex- cluding containers) or piece by piece, to the area designated by the employer at which point the trucking or drayage company or shipper releases control of the cargo. (See Section 1.8.)

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1.44

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1.44 Teamsters may load their trucks piece by piece from cargo boards or with unit lifts (excluding containers) and build loads and otherwise handle cargo on their trucks or tailgates and on loading platforms and aprons. (See Section 1.8.)

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1.45

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1.45 The movement of cargo to or from a vessel on an in- dustrial dock shall be defined as work covered by this Contract Document and is assigned to longshoremen. Existing practices under which other workers perform such dock work at an ex- isting facility may be continued. An industrial dock is a dock at a facility where materials are manufactured and/or processed and from which they are shipped or at which materials used in the manufacture or process are received, and the dock operator has a proprietary interest in such materials.

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1.5

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1.5 All machinery, equipment and other tools now or hereafter used in moving cargo and/or used in performing other work de- scribed in Section 1.1 shall beoperated by longshoremen when used in an operation or at a facility covered by this Contract Document and the operation thereof is assigned to longshore- men and is covered by this Contract Document.
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(a)Procedures provided for resolving disputes as set forth inSection 1.5 and subordinatesubsections shall be construed in connection with the agreement of the Employers to provide skill training for longshore- men so as to minimize the grounds for exceptions listed in Section 1.54. When trained skilled long- shoremen, certified as capable of performing work now assigned by the Pacific Maritime Association member company to nonlongshoremen, are avail- able, such longshoremen will be assigned to such work, provided no union jurisdictional work stop- pages are caused and provided that such trained skilled longshoremen may be assigned to any skilled work they are capable of performing without limita- tion by reason of claimed specialization.
(b)Where Pacific Maritime Association or its member companies have existing bargaining relationships, have granted recognition to, and have assigned work to bona fide labor unions as a result of such relation- ships and recognition; or where status quo excep- tions relating to other unions are now set forth in Section 1, International Longshore and Warehouse Union will not make any jurisdictional claim or cause any jurisdictional work stoppage dispute in- volving Pacific Maritime Association or such mem- ber companies with relation to such work assignments. However, if the Union obtains the right to represent and bargain for such workers and no ju- risdictional work stoppage problems are created, the Association agrees that such exceptions regarding assignment of work to longshoremen will be elimi- nated.
1.51 The individual employer shall not be deemed to be in violation of the ter