Based on Arbitration Award SCAA-0019-2016, dated October 24, 2016, Class “B” Availability (70%) will be administered in accordance with Section 9.13 of the Memorandum of Coastwise Rules Covering Registration / Deregistration of Longshoremen and Clerks (The Coastwise Rules).
Rule 9.13 states:
“An individual who over a period of four consecutive payroll weeks has failed to work or be available for dispatch 70% of such period, except when on leave of absence for illness, disability or for other reason approved by the JPLRC, shall be subject to the following penalties.”
The Committee agreed the payroll calendar months will be used to determine Class “B” 70% Availability. Please see below example for a 4 week and 5 week payroll month.
4 week payroll month (28 days) ? 70% of 28 days = All Class B’s are required to work or be available for 20 days.
5 week payroll month (35 days) ? 70% of 35 days = All Class B’s are required to work or be available for 25 days.
If an individual is marked as ‘available’ on any date, that day will be counted towards the individual’s 70% availability requirement.
If an individual ‘works’ on any date, that day will be counted towards the individual’s 70% availability requirement.
All contractually agreed-to Holidays, as described in Section 5.1 of the PCLCD, will be counted as an ‘available day’ towards an individual’s 70% availability requirement. When a holiday falls on a Saturday or Sunday, only the date listed as the Holiday in the PCLCD will count towards the 70% availability. The date of observation will not count towards the individual’s 70% availability. A member does not need to be checked-in to get the 70% availability.
If an individual submits an acceptable and timely medical note, it will be counted towards the 70% availability requirement. It is the individual’s responsibility to submit a timely medical note.
For example, any medical notes for the current February 2020 payroll month (from January 25, 2020 to February 21, 2020) need to be submitted to the PMA by the last business day February 28, 2020. Any notes past this date are considered untimely and you will be cited to the next 70% LRC.
If an individual works on the second shift (demonstrated by the individual’s recent work history), a jointly agreed-to stop-work meeting will be counted towards the individual’s 70% availability requirement, assuming that the individual did not “work”, was not marked as “available”, or did not submit a timely doctor’s note on the date of the jointly agreed to stop-work meeting. There is no double dipping.
If an individual is cited to a jointly agreed to LRC, and it is proven to the Committee that the individual appeared as cited, the date of the JPLRC will be counted towards the individual’s 70% availability requirement. This means it should count for both day and night.
An individual who works one hour or more, will be counted towards the individual’s 70% availability requirement as a work day, provided it is not a payroll error.
An individual can double back in dayside after a Stop Work Meeting.
If you fail your 70% availability, the PMA will cite you to the next 70% LRC by mail.
It is your responsibility to make sure you have a current address on file with PMA and the Union.
