Bulletin #26-17
July 28, 2017
RE: 9.41 OBLIGATION & SKILLED JOB SHORTAGES
In accordance with JPLRC Meeting No. SCMA-0004-2017, held on July 13, 2017, the Joint Port Labor Relations Committee agreed to the following in the event skill jobs remain unfilled after dispatch:
-
Dispatchers will stop dispatch at all windows and announce to the Joint Longshore Dispatch Hall of the remaining Skill jobs that are unfilled. After standing by for a maximum of three minutes, and if the skill jobs remain unfilled, dispatchers will begin dispatching those trained in equipment that is hanging in low board rotation.
-
Once regular dispatch reconvenes the dispatchers shall notify any trained individuals that are attempting to take a basic job that skilled work is hanging and they are responsible to fill it.
-
Individuals who are below the flop line on their board and accept dispatch to a hanging skill job will not have to add the 6 hour flop penalty.
PCLCD Section 9.41:
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 fill the minimum complement of skilled work as ordered by the employer shall result in penalties levied by the JPLRC against men who do not make themselves available for such work when skilled men are needed.
Please note that in the 2014 LOU titled “PCLCD Section 9.41 Penalties – Local 13” the Parties established a set of progressive discipline for 9.41 violations. The four-step process is summarized below:
-
First Offense: Individual will receive a Letter of Reprimand;
-
Second Offense: Individual must check in on the skilled Board for 45 days or 200 hours, whichever is less;
-
Third Offense: Individual must check in on the skilled Board for 6 months or 800 hours, whichever is less;
-
Fourth Offense: Removal from the qualification list from which they are failing to work and such men shall not be eligible for future promotion or future skilled training programs.
Fraternally
Mark Mendoza Gary Herrera Victor Hudak
President Vice President Secretary/Treasurer