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pany, hereinafter referred to as the unlicensed personnel or employees, represented by the National Maritime Union, hereinafter referred to as the union, witnesseth :
Whereas it is the (lesire of the union and the company to enter into an agreement which will prerent strikes and lockouts and insure peaceful adjustment and settlement of all grievances, disputes, and differences which may arise between the company and its employees, prevent stoppage of work, and tend to stabilize and strengthen the shipping industry, and to establish wage scales and working conditions which will prevail between the parties hereto during the existence of this agreement:
Now, therefore, it is hereby agreed between the parties as follows:
GENERAL PROVISIONS FOR ALL DIVISIONS OF THE UNION
SECTION 1. The comjsany in entering into this agreement hereby recognizes the union as the agency for collective bargaining for the unlicensed personnel who are members in good standing of the union employed on board the company's vessels during period National Labor Relations Board elections are being held.
The company agrees that it will recognize the union as the collective bargaining agency for its unlicensed personnel as, if, and when the union is certified by the National Labor Relations Board as having a majority of the unlicensed personnel employed by the company.
SEC. 2. This document shall constitute a provisional agreement between the company and the union for its members effective for 1 year from April 1, 1938, upon ratification by the unlicensed personnel aboard vessels of the company as hereinafter provided.
If, as, and when the union has been certified by the National Labor Relations Board as the collective bargaining agency for all unlicensed personnel aboard the company's vessels, this provisional agreement shall automatically become the agreement between the company and the union as bargaining agent for all of such employees for the remaining part of the period of 1 year from April 1, 1938, or for such part of said period as the union shall continue to represent a majority of the unlicensed personnel on board its vessels, providing ratification of the provisional agreement by the unlicensed personnel aboard vessels has already taken place. If ratification has not taken place at the time of certification by the Labor Board, the agreement will be effective after ratification for the period of 1 year from April 1, 1938.
Thereafter this agreement shall continue from year to year unless written notice to terminate or modify is filed by either party 30 days prior to expiration of April 1 of any 1-year period. Without limiting the foregoing sentence of this paragraph, such renewed agreement shall continue for such part of any subsequent year following April 1, 1939, as the union shall continue to represent a ma jority of the unlicensed personnel aboard the company's vessels.
Ratification of the agreement by the unlicensed personnel aboard vessels of the company shall be determined by a secret ballot to be conducted jointly by the company and the union. Ratification shall be deemed to have taken place when and if 51 percent of those eligible to vote have been counted as in favor thereof.
Sec. 3. The company shall permit, by the distribution of passes, the authorized representatives of the union to board the company's vessels for the purpose of consulting with the unlicensed personnel employed thereon, provided, however, the union's patrolmen shall neither violate any provisions of this agreement nor interfere with or retard the work of the vessel, subject to penalty of revocation of the license granted herewith. Insofar as possible the work of the union's patrolmen on board the vessel shall be accomplished within 2 hours.
The union shall take out insurance which will protect the company and/or its agent, character, operator, and subsidiary or affiliated companies from any claim, loss, damage, or liability for loss of life or injury occurring to a representative of the union while on the property or aboard any vessel owned, chartered, or leased by any of the aforementioned parties. Evidence that such insurance protecting the company and/or its agent, charterer, operator, and subsidiary or affiliated companies against any and all such liability has been taken out and is in force shall be submitted to the company's satisfaction.
SEC. 4. Neither the company nor the union, during the life of this agreement, as well as during the period of negotiation for its modification or renewal, shall instigate, encourage, or permit any strike, picketing, lockout, “sit-down," or stoppage of work, either director in "sympathy" for third parties, insofar as same may be participated in by the employees or members of the respective contracting parties. The union will not stop, hinder, or restrain, or cause or permit its members to stop, hinder, or restrain, the movement of the company's vessels, loading or discharging cargo on same during the life of this agreement. It is understood between the contracting parties that union members participating in any such stoppage of work shall be subject to discharge
Seo. 5. Any dispute or grievance arising in connection with the terms and provisions of this agreement shall be settled according to the following procedure:
The unlicensed personnel of each department employed on board vessels operated by the company should, by sécret "balloť elect' a representative. However, licensed officers or department heads shall not be eligible for election. One representative shall be elected by and from the deck department, one representative elected by and from the engine department, and one representative elected by and from the stewards' department. Such three representatives shall constitute the ship committee and be the union representatives aboard the vessel. Any employee who feels that he has been unjustly treated, or has been subjected to an unfair consideration, shall endeavor to have said grievance adjusted either in person or through his respective elected representatives in the following order:
First. Presentation of the complaint to his immediate superior.
Second. Appeal to the heard of the department to which in which the employee involved shall be employed.
Third. Appeal to the master of the ship or a committee composed of the three elected representatives and not more than an equal number of representatives consisting of the officers or department heads appointed by the master of the vessel.
Fourth. Appeal directly to the master.
In the event that any such grievance cannot be amicably and promptly settled by resort to the above successive hearings, an appeal may be made to the management's representative in port either directly or together with the union's shore representative. However, no case shall be reviewed by either the management's representative in port or by the union's representative in port until it has been reviewed through the procedure outlined above.
If such controversy shall not have been adjusted in the above manner, all the facts in the case shall be reduced to writing before the departure of the vessel and submitted in writing to the New York port committee composed of three representatives appointed by the company.
Appeal, if then necessary, shall be in writing to the authorized representative of the union and the manager of the marine department or the president of the company.
SEC. 6. If any controversy or grievance arising under the terms of this agree ment is not amicably adjusted and settled in the manner hereinbefore provided, same may be submitted to a board of arbitration, under conditions to be mutu. ally agreed upon at the time, selected as follows:
Three (3) to be chosen by the company and three (3) to be chosen by the union. These six members shall meet within forty-eight (48) hours after receipt of written notification from either party (Saturdays, Sundays, and holidays excluded) and at that meeting shall select a seventh member. If they cannot agree on the seventh meinber, he shall be designated by the American Arbitration Association." The decision of the board shall be rendered within seventytwo (72) hours unless by agreement time is extended by seventy-two (72) hour periods. The decision of a majority of said board shall be final and binding on both the company and the union in such controversy or grievance and shall conclusively determine the same. The company and the union shall bear the expenses of their respective appointees but shall share equally the expenses of the seventh member.
Under no circumstances shall there by a cessation of work, strike of any nature, or lockout while arbitration or adjustment of the dispute is in process of being settled as herein agreed upon.
SEC. 7. The company and the union agree, each in its own behalf, that there shall be no discrimination, intimidation, or coercion against any employee on board the company's vessels because of membership or non-membership in any labor organization. Any employee who violates this provision shall be subject to discharge. However, such action by an individual shall not abrogate this agreement.
SEC. 8. No member of the union employed on any vessel operated by the company shall be required to subscribe to, or become a member of, any benefit society, club, or any organization instituted or sponsored by the company. In the event that any employee is now a member of such benefit society, club, or organization, he may terminate his membership therein at any time and such termination shall not act prejudicially against his present or possible future employment with the company.
SEC. 9. The unlicensed personnel shall submit to and undergo such medical examinations as are or may be required by the company from time to time, and the company shall retain the right to reject such unlicensed personnel as may be determined by the company's medical examiners to be unfit for employment in keeping with the company's rules and regulations. The company agrees to review carefully any case which the medical examiners of the union certify to be free from communicable disease and disabling defects and to be able to do the work applied for by the applicant, and if a review fails to establish the facts to the mutual satisfaction of the company's and union's medical examiners concerned, the examiners of the company and of the union will agree upon a suitable outside doctor whose independent judgment will be determining on the facts at issue. The expense of the outside consultant will be borne equally by the company and the union.
Sec. 10. Members of the union while employed on board vessels of the company agree to comply with all lawful orders of their superior officers and division heads and with all company rules not inconsistent with the terms and provisions of this agreement. Recognizing the necessity for discipline on board company vessels and at the same time in order to protect an employee against losing his job unfairly, the company agrees to post on the bulletin board of each vessel a list of rules which shall constitute cause for which members of the unlicensed personnel may be discharged without further notice.
For other offenses not on the posted list, members of the unlicensed personnel shall not be discharged without first having been notified in writing that a repetition of the offense will make him liable to dismissal. In the event that the members of the union feel that any of the rules or regulations promulgated by the company are inconsistent with the terms of this agreement, such members agree to make proper and orderly representation as outlined under the grievance machinery of section 5.
SEC. 11. The company shall comply with such laws and regulations as the Secretary of Commerce shall issue through the Bureau of Marine Inspection and Navigation as to all matters relating to manning, quarters and equipment, and construction and arrangement of the ship.
SEC. 12. Wherever practicable, lifeboat and other emergency drills shall be held on week days between the hours of 8 a. m. and 4:30 p. m. and on Saturdays between the hours of 8 a. m. and 12 noon.
SEC, The unlicensed personnel, either on or off watch, shall be paid at double the overtime rate in addition to their regular wages as compensation for handling dynamite, caps, gunpowder, and blasting powder.
SEC. 15. In those out ports where there are no regular longshoremen avail. able, members of the crew may be allowed to drive winches for handling cargo or handle cargo and for such work they shall be paid, in addition to their regular monthly wage, the overtime rate. This section shall not be so construed as to be applicable to any work where longshoremen are not available due to labor trouble.
SEC. 16. No workaway shall be carried except for the sole purpose of providing transportation and, in such case, shall be in addition to the regular crew.
Sec. 17. When additional certified men are hired for temporary day work on board vessels in port to assist the regular members of the crew on the work ordinarily performed by them, the rate of pay shall be $6 per 8-hour day, with a minimum of one half day's pay in any 1 day.
SEC. 18. If, due to illness or other reasons, a member of the unlicensed personnel is assigned to another rating higher than his own, he shall receive the higher rate of pay during such assignment, but there shall be no reduction in his regular rate provided such employee takes a job of lower rating, and his customary hours shall then become the hours of the new assignment.
SEC. 19. When members of the unlicensed personnel in the stewards' department are required to do extra work because a vessel sailed "short-handed," the wages of the absent employee shall be divided among the employees who performed his work. When members of the unlicensed personnel in the deek and engine departments are required to work in addition to their regular watches because a vessel sails "short-handed,” they shall be paid for the extra time at the overtime rate.
SEC. 20. After 1 year of continuous service from April 1, 1938, every unlicensed member of the crew shall be entitled to an annual vacation of 21 days with pay.
If an employee has 6 months' continuous service, he may be granted a vacation of not more than 10 days with pay, but such period will be deducted from the 21 days.
While the individual's wishes will be considered wherever possible, vacations can only be granted at such times and places as do not interfere with the operating necessities of the service. (Vacations shall be cumulative to the extent mutually agreed upon between the individual and the company.)
Continuous service shall not be deemed to be broken by leaves of absence on account of illness, accident, vacations, lay-offs for lack of work, or leaves of absence for valid reasons from the service of the company, provided, however, that no vacation shall accrue during such periods of furlough.
If, after 6 months' continuous service, an employee is terminated for any reason, he will be entitled to receive, in addition to his regular pay, 1 week's pay as a vacation allowance at time of termination. No other cash allowance in lieu of vacations shall be made. Any employee discharged for cause has the right of appeal under the grievance procedure provided in article I, section 5.
If an employee is terminated for any reason with less than 6 months' continuous service, no vacation pay will be allowed.
SEC. 21. The company agrees not to discriminate against any employee for union activities which are not inconsistent with the provisions of this agreement. The union, in turn, agrees that union activities entered into by its members will not be permitted to interfere with the proper working of the vessel.
Sec. 22. Members of the unlicensed personnel may remain continually in employment on the same vessel, provided that both the company and the member desire such employment to continue.
SEC. 23. All vessels of the company when leaving port must have deck cargo, when carried, properly secured before arriving at the sea buoy.
SEC. 24. If at any future date members of the unlicensed personnel of the company are requested to provide their own uniforms, it is agreed that at such time the parties hereto shall meet and adjust same on the basis of additional compensation.
ARTICLE II. PORT TIME
SECTION 1. Port time shall be defined as follows:
(a) Port time shall not commence in the case of a vessel anchoring because of fog or other impediments to navigation, awaiting tides, or berth, or waiting at quarantine to proceed to dock.
(0) When a vessel anchors for the purpose of loading or discharging cargo, port time shall commence when this operation begins.
(c) When the loading or discharging operation ceases for the purpose of moving vessel to another berth, dock, or inland port, port time shall cease, provided however, the period of moving vessel exceeds three hours.
(d) Port time shall also be deemed to commence when vessel is securely moored to the dock.
SEC. 2. When a vessel moors at dock or drops anchor for the purpose of loading or discharging cargo, or tank-cleaning, sea watches may be continued at the option of the master.
ARTICLE III. OVERTIME
SECTION 1. Overtime shall in no case be worked without the prior authorization of the master or person acting by authority of the master.
SEC. 2. Any and all work performed during port time, as defined in article II, on Saturday afternoons, Sundays, and holidays, shall be considered overtime, 'except as specified otherwise in departmental working rules.
SEC. 3. Overtime shall commence at the time any employee shall be called to report for work outside of his regular schedule, provided such member reports
for duty within fifteen (15) minutes, otherwise overtime shall commerce at the actual time such employee reports for duty; and such overtime shall continue until the employee is released.
SEC. 4. Where overtime worked is less than one (1) hour, overtime for 1 full hour shall be paid. Where the overtime worked exceeds 1 hour, the overtime work performed thereafter shall be paid for in one-half-hour periods, a fractional part of such period to count as one-half hour.
Sec. 5. Where overtime is worked, except as defined in section 6 of this article, the employee concerned shall sign the overtime sheet immediately on completion of the work which shall also be countersigned by the department head authorizing the work. If there is any question regarding the amount of overtime allowed, he shall at once follow the procedure outlined in section 5, article I.
SEC. 6. No overtime shall be paid for work in addition to the regular schedule, in connection with drills, inspections, or examinations required by law, or emergency work required for the safety of the passengers, crew, vessel, cargo, or aonther vessel in distress. This clause shall not apply to annual inspection of the vessel.
SEC. 7. All money due for approved overtime work shall be paid at the time of signing off, or in any event, not more than forty-eight (48) hours after the completion of the voyage.
ARTICLE IV. HOLIDAYS AND GENERAL CONDITIONS
SECTION 1. The company agrees to recognize the following as holidays: (1) New Year's Day, (2) Washington's Birthday, (3) Memorial Day, (4) Independence Day, (5) Labor Day, (6) Thanksgiving Day, (7) Christmas Day, (8) Armistice Day. In the event that any of the above-named holidays fall on Sunday, the following Monday shall be observed as such holiday.
SEC. 2. When traveling in the course of employment from one vessel to another or from one port to another, unlicensed personnel shall be paid regular wages while en route and shall be provided with necessary transportation, and subsistence at the rate of $3 per day, except where subsistence is included with transportation, When traveling overnight, a berth shall be provided.
When any employee is left at any port and when such employee would ordinarily be entitled to transportation under the law, the company shall forthwith provide transportation back to the port of signing on, and may utilize its own vessels for that purpose.
SEC. 3. The following items shall be supplied to the unlicensed personnel : (1) A suitable number of clean blankets; (2) white sheets and pillowcases, which shall be changed weekly; (3) face and bath towels, which shall be changed twice weekly. No clean linen or towels shall be furnished until soiled linens and towels have been returned to the steward.
SEC. 4. Mattresses or pillows filled with straw or excelsior shall not be supplied.
Sec. 5. All dishes provided shall be of crockery ware.
SEC. 6. Suitable messrooms shall be provided separate and apart from the sleeping quarters and shall be equipped with stable chairs or benches.
SEC. 7. All quarters and messrooms shall be adequately ventilated and a sufficient number of fans to secure such ventilation shall be installed.
Sec. 8. A sufficient number of lockers shall be installed so that each employee shall have one full-length locker with sufficient space to stow a reasonable amount of gear and personal effects.
SEC. 9. A recreation room separate from the sleeping quarters of the unlicensed personnel shall be provided on new vessels contracted for after the date hereof for the use of the unlicensed personnel.
SEC. 10. All quarters are to be kept free from vermin insofar as possible.
SEC. 11. A refrigerator shall be furnished for night lunches for the use of the unlicensed personnel. Such refrigerator, if not electric, shall be adequately supplied with ice for such purpose.
SEC. 12. When board and room are not furnished, unlicensed members of the crew shall receive the following allowances: (a) In lieu of breakfast, $.60; (b) in lieu of dinner, $.75; (c) in lieu of supper, $.75; (d) in lieu of quarters, $1.25 per night.
SEC. 13. Meal hours shall be as follows: Breakfast, 7:30 a. m. to 8:30 a. m.; dinner, 11:30 a. m. to 12:30 p. m.; supper, 5 p. m. to 6 p. m.
These hours may be varied not to exceed 1 hour either way.