Bulletin #37-23
September 28, 2023
PCLCD 13.2 POLICY
The Officers of Local 13 would like to remind the Membership that all workers in the longshore industry shall be treated with dignity, respect, and courtesy. The Pacific Coast Longshore Contract Document (PCLCD) contains an anti-discrimination and harassment policy that applies at all work sites, joint dispatch halls, training sites, and other locations reasonably related to employment covered by the collective bargaining agreement. Section 13 of the PCLCD prohibits discrimination and harassment based on “…membership or nonmembership in the Union, activity for or against the Union or absence thereof, race, creed, color, sex (including gender, pregnancy, sexual orientation), age (forty or over), national origin, religious or political beliefs, disability, protected family care or medical leave status, veteran status, political affiliation, or marital status. Also prohibited by this policy is retaliation of any kind for filing or supporting a complaint of discrimination or harassment.”
Anyone who believes that they have been discriminated against, or harassed, by an individual covered under Section 13 can file a complaint, within fifteen calendar days, under the
“Special Grievance/Arbitration Procedures for the Resolution of Complaints Re Discrimination and Harassment under the PCL&CA.” Grievance forms are available at Local 13’s offices and website (www.ilwu13.com). Grievances filed under the Section 13.2 Grievance Procedures are heard by the Area Arbitrators.
The following are examples of the types of conduct prohibited by Section 13:
PHYSICAL HARRASSMENT- unwelcome touching or grabbing or sexual assault, blocking someone’s movement, standing unnecessarily close.
VERBAL HARRASSMENT– racial or sexual jokes, name-calling, using slurs, derogatory terms, belittling remarks, or abusive language related to a person’ gender, race, or other defining characteristics.
VISUAL HARRASSMENT- displaying objects, messages, pictures, pornography, graffiti, or drawings of a sexual or racial nature; engaging in offensive and unwelcome personal conduct such as offensive gestures, staring (especially at particular body parts), mooning, leering; showing a lack of respect for privacy in toilet facilities and locker rooms.
UNWELCOME ROMANTIC OR SEXUAL ATTENTION- unwelcome flirting, pressuring another for a date and unwelcome sexual advances; also demanding sexual favors or romantic attention as a condition of any type of employment benefit.
Minimum discipline for any individual found guilty of a 13.2 Grievance is seven days off all work and completion of Diversity Training without pay. Maximum discipline may include penalties up to and including termination, deregistration or permanent loss of dispatch privileges or loss of access to employer sites.
Gary Herrera Vic Zuniga Jesse Lopez
President Vice President Secretary/Treasurer
