(c) The overtime rate shall be paid for the meal hour from 12 noon to 1 p. m. and shall continue to apply until men are relieved. All other meal hours shall be paid for at an overtime rate of twice the straight-time or regular rate for such meal hours only. The full meal hour shall be paid for at the meal-hour rate if any part of the meal hour is worked.

4. Wage scale: The wage scale shall be as follows:

(c) Cement in bags and lime in bags.

(a) General cargo of every description, including barrel oil when part of general cargo, and all general cargo handled in refrigerator space with the temperature above freezing...

(b) Bulk cargo, ballast, and all coal cargoes, including loading and trimming coal for ship's own bunker purposes.

(d) Wet hides, creosoted poles, creosoted ties, creosoted shingles, cashew oil and soda ash in bags.

(e) Refrigerator space cargo-meats, fowls, and other similar cargo-which is to be transported with the temperature in the refrigerator at freezing or lower; these rates shall be paid the full gang

(f) Kerosene, gasoline, and naphtha in cases and barrels, when loaded by case oil gangs, and with a fly.

(g) Explosives!

(h) Damaged cargo

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1 (i) When handled down the bay, the time shall start from the time men leave the pier until the time they return to pier. (ii) When handled down the bay, men shall supply their own meals, but $1 per meal shall be allowed by the employer. (iii) When explosives, such as are customarily handled down the bay, are handled at any pier, men shall be paid at the explosives rate of pay. (iv) Any dispute as to what explosives are, shall be settled by the Bureau of Explosives whose decision shall be final and shall be accepted by both sides.

(i) All cargo damaged by either fire or water, when such damage causes unusual distress or obnoxious conditions, and, also, in all cases where men are called upon to handle cargo in the ship under distress conditions which, however, is not limited to cargo damaged by fire or water. A dispute as to whether, in any particular case, the cargo causes distress conditions, shall be dealt with in accordance with clause 21. (ii) The damaged cargo rates shall not be paid when sound cargo in a separate compartment is handled.

5. When rubbers are required for handling wet cargo or explosives, or leather hand-pads or gloves for barbed wire, they shall be provided by the employer. 6. Every effort shall be made to arrange for the payment of wages at a locality and at a time as convenient as possible to the men. Any abuse arising under this clause shall be dealt with in accordance with clause 21.

7. All foreman stevedores who hire the men shall be selected solely by the employer. The foreman stevedore shall give preference in hiring to men who have regularly worked on the pier for which they are being hired.

8. (a) Shaping time shall be as follows:

(1) For work from Monday to Friday (inclusive)

(i) Between 8 a. m. and 12 noon-7:55 a. m.

(ii) Between 1 p. m. and 5 p. m.-12:55 p. m.

(iii) For 5 p. m., 6 p. m., or 7 p. m. start-12:55 (except that men employed on the premises during the afternoon may be ordered back before knocking off work).

(iv) Men who worked the previous night and who are wanted to resume work at 7 p. m. shall obtain their orders between 4 and 5 p. m., through established channels to be agreed upon between the parties.

(2) For work on Saturday, Sunday, or holiday-at the noonday shape of the previous day if a ship was worked at the pier on the previous day.

This rule applies to the shaping of additional men required by the employer. Men who are working on the premises on the previous day shall receive their orders before knocking off work.

(3) On a Saturday or holiday, preceded by a day on which no ship was worked at the pier-7:55 a. m.

(4) On a Sunday preceded by a day on which no ship was worked at the pier-before 12 noon of the preceding Saturday.

(b) When men employed on any week day from Monday to Friday inclusive, they shall receive a minimum of 4 hours' pay for any time between 8 a. m. and 5 p. m., regardless of weather conditions, except on arrival or departure of a ship or unless the ship or the hatch in which the men are employed completes

discharging or loading in less time. Men who have been employed in the forenoon and are knocked off for any reason (other than those set forth in the exceptions above) without having worked the full 4 hours, shall report at 12:55 p. m.; if they fail to report at 12:55 p. m., they shall be paid only for the number of hours actually employed during the forenoon but in no event for less than 2 hours.

(e) When men are employed on Saturdays, Sundays, or holidays, they shall receive a minimum of 4 hours' pay for any time between 8 a. m. and 5 p. m., except that when work is prevented by weather conditions they shall receive a minimum of 2 hours' pay. However, when men who have been employed in the forenoon have been knocked off because of weather conditions, they may be ordered back for work during the afternoon period, when they shall receive a minimum of 2 hours' pay for that period, regardless of weather conditions.

(d) When men who have been employed on the premises in the afternoon are reemployed at 7 p. m., they shall receive a minimum of 2 hours' pay, regardless of weather conditions, unless the ship or the hatch in which the men are employed completes discharging or loading in less time.

When men who have not been employed on the premises in the afternoon are employed at 5 p. m. or at 6 p. m., they shall receive a minimum of 4 hours' pay, such pay to commence at the hour ordered out, whether work begins then or later, except that when work is prevented by weather conditions they shall receive a minimum of 2 hours' pay.

When men who have not been employed on the premises in the afternoon are employed at 7 p. m., or later, they shall receive a minimum of 4 hours' pay, such pay to commence at 7 p. m., whether work begins then or later, except that when work is prevented by weather conditions they shall receive a minimum of 2 hours' pay.

When men who have been employed on the premises from 7 p. m. to 12 midnight are reemployed at 1 a. m., they shall receive a minimum of 2 hours' pay regardless of weather conditions, unless the ship or the hatch in which the men are employed completes discharging or loading in less time.

If men have worked all night and are asked to work after 6 p, m.. they shall receive the overtime prevailing rate for the hours actually worked until they finish, regardless of relief for the breakfast hour or not.

(e) When men are ordered out and report for work at 7 a. m. but work is prevented by weather conditions at any time before 8 a. m., they shall report at 7:55 a. m., at which time they shall receive their orders, and shall be paid:

(i) On Monday to Friday inclusive-1 hour at the overtime rate from 7 a. m. to 8 a. m. and, thereafter, not less than 4 hours at the straight-time or regular rate in accordance with and under the conditions of subdivision (b) of this clause.

(ii) On Saturdays, Sundays, and holidays-1 hour at the overtime rate from 7 a. m. to 8 a. m. and, thereafter, not less than 4 hours, except that when work is prevented by weather conditions the added minimum shall not be less than 2 hours, at the overtime rate in accordance with and under the conditions of subdivision (c) of this clause.

(f) When men are needed only to dock or undock ships or handle mail, outside the regular or normal workng hours, they shall be paid at the overtime rate:

(i) With a minimum of 4 hours' pay, if ordered out at any time between 7p. m. and 12 midnight, such pay to start at 7 p. m. and to continue until relieved, or

(ii) With a minimum of 6 hours' pay, if ordered out any time between 12 midnight and 6 a. m., such pay to start at 12 midnight and to continue until relieved, or

(iii) With a minimum of 4 hours' pay, if ordered out at 6 a. m., such pay to continue until relieved.

(9) The term "weather conditions," whenever referred to in this agreement, shall be understood to include such conditions as rain, snow, or sleet, which conditions make it impracticable to work the ship; freezing weather when handling perishable cargo, which condition makes it impracticable to work the ship; fog, high wind, ice or abnormal tidal conditions which delay or prevent the berthing of the ship; also high winds or rough seas which delay or prevent the towing of lighters and other harbor craft to the ship.

9. When men are knocked off work 5 minutes after the hour or later they shall be paid for one-half hour, and when knocked off 35 minutes after the hour they shall be paid for 1 hour.

10. (a) Gangs shall be knocked off a reasonable time, not less than 10 minutes, before quitting time to replace hatch covers. Any dispute about what is reasonable time shall be dealt with in accordance with clause 21.

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(b) The part of the second part undertakes to see that under no circumstances shall men leave a ship, or fail to return if ordered back, without replacing hatch covers, and further specifically agrees to discipline any man guilty of a violation of this rule.

11. No chemicals improperly packed or in any but first-class shipping condition are to be accepted or loaded on board ship. If any question arises regarding the condition of this class of cargo, the matter shall be left to the proper authority whose decision shall be final.

12. Suitable shelter shall be provided for men working on deck in bad weather. Any dispute about what is suitable shelter shall be dealt with in accordance with clause 21.

13. (a) Minimum number of men in gang when loading or discharging general cargo shall be 20, not less than 8 holdmen and the balance of the gang to be distributed between the hold, deck, and dock at the discretion of the employer. This distribution of men shall in no way affect the provisions of subdivision (b) of this clause. This subdivision (a) shall apply to all general cargo except: (i) Cork, wood pulp, burlap, newsprint, and logs where hooks are used. (ii) Heavy lifts or sugar at sugar refineries or warehouses or lumber at lumber terminals.

(iii) Work at Ford's plant at Edgewater; if working offshore at Ford's plant, not less than four men shall be used on lighters.

(iv) For discharging bale rubber-6 holdmen may be employed with a gang consisting of 26 men; for a gang consisting of from 20 to 25 men or of 27 or more men, 8 holdmen must be employed.

(v) When handling steel offshore, the gangs shall consist of 17 men. If general cargo is also handled on the same ship, the gangs shall consist of 20 men for the entire operation. If, however, any of the excepted items referred to in clause 13 (a) are handled on the same ship, but no other general cargo is handled, the gangs shall consist of 17 men while handling steel and of the number of men customarily used or as may be agreed upon while handling such excepted items.

A committee representing both sides shall consider and rule upon any other disputed cases that may arise.

(b) Dockmen working inshore may be transferred to other gangs should their own gang go offshore. They must return to their original gang, however, when work is resumed offshore.

(c) When "two up-and-down falls with one Burton fall" are used for loading or discharging general cargo, a gang of 27 men including 10 holdmen shall be employed.

(d) The employer shall have the right to rig with the so-called pick-andstrike method or with the "falls together" or any other practical method, and in all cases where more than the minimum number of men are required, the employer shall be the judge of the number of extra men needed.

14. The size or weight of the sling load and the number of men in the gang shall be reasonably established on the basis of the following agreed criteria: (a) So regulating the work of stevedoring the ship as to best attain an or derly, safe, and efficient movement of the cargo into or out of the vessel; (b) protecting the safety and health of the workers; and (c) making the best use of the skill and aptitude of the workers, applying available mechanism and motor power to minimize wasteful manual work.

Any dispute as to whether or not the size or weight of the sling load or the number of men in a gang has been reasonably established in accordance with the specified criteria shall be dealt with in accordance with clause 21.

15. There shall be no beer or other intoxicating liquors brought upon the property of the party of the first part. For a violation of this provision, the guilty person may be discharged and given no further employment by the party of the first part.

There shall be no smoking in the cargo spaces of the ship or on deck near open hatches or on the pier of the party of the first part. For a violation of this provision, the guilty person shall be discharged and given no further employment by the party of the first part. The union recognizes the danger of this offense and agrees to cooperate in every way to eliminate it.

It is clearly agreed that no men are to be allowed to leave the pier during working hours for the purpose of obtaining drink, or for any purpose whatever, except with the express permission of the foreman stevedore in charge. The employers shall supply proper drinking water on pier, first-aid equipment, also adequate and clean toilet facilities and, further, shall make adequate arrange

ments to relieve deckmen and tractor drivers when necessary. Any dispute as to what are adequate arrangements for relief shall be dealt with in accordance with clause 21.

16. The party of the second part will not try to uphold incompetency, shirking of work, pilfering or broaching of cargo. Any man found guilty of the above offenses shall be dealt with as the party of the first part sees fit, or as the circumstances may require. If any man is convicted of theft he shall be expelled from the union.

17. There shall be no discrimination by the party of the first part against any member of the party of the first part, nor shall the party of the second part discriminate against the party of the first part.

18. (a) When men are specifically ordered out from New York, Brooklyn, Hoboken, or Jersey City to work on the North and East River piers above Seventyfifth Street, and when men are specifically ordered out from New York or Brooklyn to piers at Weehawken, Communipaw, or West New York, carfare in excess of that spent in traveling to their usual place of employment shall be allowed. (b) Men specifically ordered out from New York or Brooklyn to work at Claremont, Edgewater, or Astoria shall receive the equivalent of 1 hour's pay at the straight-time or regular hourly rate for general cargo as specified in clause 4 (a), plus cost of transportation, and at Yonkers, Bayonne, Carteret, Chrome, Port Newark, Greenville (Lehigh Valley Claremont Terminal), Caven Point, or Bayway shall receive the equivalent of 2 hours' pay at the straighttime or regular hourly rate for general cargo as specified in clause 4 (a), plus cost of transportation.

(c) Men specifically ordered out from Jersey City or Hoboken to work at Claremont, Edgewater, Bayonne, Port Newark, Greenville (Lehigh Valley Claremont Terminal), Caven Point, or Astoria shall receive the equivalent of 1 hour's pay at the straight-time or regular hourly rate for general cargo as specified in clause (a), plus cost of transportation, and at Yonkers, Carteret, Chrome, or Bayway shall receive the equivalent of 2 hours' pay at the straight-time or regular hourly rate for general cargo as specified in clause 4 (a), plus cost of transportation.

(d) When men are specifically ordered out from New York, Brooklyn, Hoboken, or Jersey City to Leonardo they shall receive the equivalent of 3 hours' pay at the straight-time or regular hourly rate for general cargo as specified in clause 4(a), plus the cost of transportation, unless transportation is provided by the employer.

19. When a tractor driver, crane operator, etc., is required to report at a garage, shop, or pier, prior to the start of work, to fuel, adjust, or transport a machine, he shall be paid for such additional work at the rate prevailing at the time such work is performed. When required to rereturn a machine to a garage, shop, or pier, he shall likewise be paid for such additional work at the rate prevailing at the time such work is performed.

20. Any member of the International Longshoremen's Association who receives from members of the New York Shipping Association payment for 1,350 hours or more for the fiscal year from October 1, 1947, to September 30, 1948, irrespective of whether such hours were paid for at straight-time or overtime rates, is to be granted 1 week's vacation with pay (forty hours straight time). 21. (a) Any dispute or controversy which may arise as to the interpretation or application of any of the provisions of this agreement, including all matters herein which expressly provide that they shall be dealt with in accordance with this clause, shall be referred to an arbitration committee for adjustment or decision in the manner hereinafter provided. Pending such adjustment or decision, as provided for herein, the men shall continue to work.

(b) The matter in dispute or controversy shall by notice, in writing, be submitted by either party to the New York Shipping Association which shall promptly notify the other party to the dispute or controversy and shall arrange for a meeting of the arbitration committee at a time and place mutually satisfactory. (c) The matter in dispute or controversy shall be submitted to an arbitration committee of four, two of whom shall be representatives of the party of the first part and two shall be representatives of the party of the second part: a decision of the majority of the arbitration committee shall be final and binding upon the parties. The arbitration committee of four shall meet not later than the Tuesday following the payday after the matter in dispute has arisen, unless otherwise mutually agreed. In the event of failure on the part of the arbitration committee of four to reach a satisfactory adjustment or decision they shall proceed to select a fifth member, satisfactory to both sides, as Chairman, and the decision of the majority of the arbitration committee as thus composed shall be

final and binding upon the parties. The fifth member shall be selected within 5 days, unless otherwise mutually agreed, after the date of the failure of the arbitration committee of four to reach a satisfactory decision.

(d) The arbitration committee of five shall proceed to decide the dispute or controversy as expeditiously as practicable and shall render its decision in writing.

(e) In the event that several disputes or controversies are pending at the same time, priority in handling shall be given to such disputes or controversies as involve discharge, suspension, or other disciplinary action.

(f) The parties shall bear the expense of their respective representatives to the arbitration committee and shall share equally the expenses of the chairman, if any, and shall share equally all other agreed upon expenses.

22. Any man found guilty of violating any provision of this agreement shall be immediately expelled from his local organization.

23. No steamship company or contracting stevedore and no official, district council, or local of the International Longshoremen's Association, shall make any change in this agreement nor render any interpretation of any provision thereof which shall be binding on any of the parties hereto. A difference of opinion regarding the meaning of any provision of this agreement, which cannot be amicably adjusted between the parties, shall be determined only by an arbitration committee appointed in accordance with clause 21.

24. Either of the parties shall have the right to reopen, for consideration at any time, the provisions of clauses 2 and 3 and 4 of this agreement establishing the regular or normal working day and the regular or normal working week and the provisions for overtime payment, in the event that the method of applying the overtime provisions of the Fair Labor Standards Act of 1938 as presently interpreted throughout the port, is changed by the courts or by administrative regulation.

25. This agreement shall be effective from August 21, 1947, to midnight, August 21, 1948, except as to the revised wage rates which shall be effective from October 1, 1947, to midnight, August 21, 1948.

II. CARGO REPAIRMAN AGREEMENT DATED AUGUST 21, 1947

This agreement, made and entered into by and between the undersigned members of the New York Shipping Association, deep-water steamship lines and contracting stevedores of the port of Greater New York and vicinity, as party of the first part, and the International Longshoremen's Association for local 1171, cargo repairman party of the second part covers the loading and unloading of deepwater vessels in the port of Greater New York and vicinity.

1. Members of the party of the second part shall have all of the cargo repair work.

2. Except as hereinafter specified, the hourly wages and working conditions of cargo repairmen shall be the same, and they shall enjoy the same differentials as the longshoremen.

3. Cargo repairmen shall be employed and paid on the half-day basis at the prevailing rate whether work begins or not, except that when work cannot begin owing to weather conditions, the weather conditions provisions of the longshoremen's general cargo agreement shall apply, with the understanding, however, that if work is actually begun they shall be paid on the half-day basis even though work is subsequently knocked off because of weather conditions.

4. Cargo repairmen in charge of piers as foremen for hiring, supervising or otherwise in charge of men shall be paid the straight-time or regular rate of $1.85 per hour, and for overtime at the rate of $2.921⁄2 per hour.

5. Cargo repairmen shall be paid off when laid off during daylight hours, but this shall not apply to Saturdays, Sundays, or holidays.

6. Any member of the International Longshoremen's Association who receives from members of the New York Shipping Association payment for 1,350 hours or more for the fiscal year from October 1, 1947, to September 30, 1948. irrespective of whether such hours were paid for at straight-time or overtime rates, is to be granted 1 week's vacation with pay (40 hours straight time).

7. Either of the parties shall have the right to reopen for consideration at any time, the provisions of clauses 2 and 3 and 4 of this agreement establishing the regular or normal working day and the regular or normal working week and the provisions for overtime payment, in the event that the method of applying