Port Manatee ILA Local 2078 Seniority Plan, effective October 1, 2024. Questions? Call the hall at (813) 807-7006.
In order to provide for the fair and equitable distribution of work ordered by Employers with which Local 2078 has a collective bargaining relationship, Local 2078 hereby implements the following Seniority Plan:
The operation and exclusive interpretation of the Seniority Plan shall be governed by a Seniority Board comprised of the Local’s Vice President, Recording Secretary, and two committee members appointed by the President of the Local.
Any seniority dispute concerning or arising out of the terms and conditions of this Seniority Plan, shall be submitted by timely grievance to the Seniority Board and shall be subject to the exclusive jurisdiction of the Seniority Board. In the event a Board member is involved in a seniority grievance, he or she will be disqualified from hearing that grievance.
2(A). Seniority grievances must be submitted to the Seniority Board in writing within two calendar days after an alleged seniority dispute arises. A grievance must be submitted by delivering the grievance to the President of ILA Local 2078, either by sending an email to the President of ILA, 2078, or by hand delivery to the Local’s office. If the grievance is submitted by e-mail, the date the Local receives the e-mail shall determine whether a grievance is timely.
2(B). All grievances or other requests directed to the Seniority Board must specifically state the matter grieved or the request made, the basis for the grievance or request (including reference to the specific provision(s) of the Seniority Plan at issue), and the relief sought.
2(C). The Seniority Board shall set a grievance for hearing and give notice of the hearing, in writing, within ten (10) working days of a grievance being submitted.
2(D). The Seniority Board shall, whenever possible, hear a grievance within thirty (30) calendar days from the date that a grievance is submitted. Furthermore, the Board shall make its determination and issue it in writing within ten (10) working days from the date a grievance is heard.
2(E). The Seniority Board shall be the sole judge of the sufficiency of the evidence to be considered in the resolution of any dispute brought before it.
2(F). The Seniority Board shall have the exclusive authority to determine whether any rules listed herein have been violated and shall have the power to assess the penalties as provided under paragraph (7) herein.
2(G). The Seniority Board shall act by majority vote, and should they reach a determination in a particular dispute, such determination shall be final and binding.
2(H). If the Seniority Board shall be unable to reach a determination in a particular dispute, the President shall cast the deciding vote.
2(I). The Seniority Board shall hold meetings as necessary to address other issues which may raised and are related to the Seniority Plan.
2(J) The Seniority Board shall have the authority to make all interpretations of this Seniority Plan and shall have the further authority to review all cases of hardship or where technicalities appear to work an injustice on a particular individual.
2(K) Any individual may petition to appear before the Seniority Board to request a review of their seniority status with the intent of evaluating their current seniority status. Upon review of the documentation presented by the individual, the Board is specifically empowered to adjust the seniority status if the individual has produced sufficient evidence to warrant a change in his/her seniority status.
Seniority will be based on the number of Contract Years an individual has worked or received credit for.
3(A). The terms “work” and “employer” as used throughout this Plan refer solely to work or employment performed pursuant to a collective bargaining agreement between Local 2078 or its predecessor and a signatory Employer.
3(B). To receive credit for a Contract Year, absent an exception otherwise provided for in these Rules or any superseding rule or provision, an individual must accrue during the Contract Year at least seven hundred (700) worked or credited hours. However, for Contract Years before 1978 , an individual must have accrued at least five hundred (500) worked or credited hours, and for Contract Years 1978 to 2014, an individual must have accrued at least nine hundred (900) worked or credited hours.
3(C). The Seniority Board will review the Classification roster on an annual basis, after the previous Contract Year’s hours are tabulated, and shall adjust an individual’s Classification placement if warranted, either because the individual worked sufficient hours to be placed in a higher Classification, or the individual remains in his or her then-current Classification.
4(A). In determining an individual’s Seniority classification, the following rules shall apply:
(1). As used in this agreement, “Contract Year” shall be defined as an annual period between the first day of October (10/1) and the last day of September (9/30) of the following year.
(2). Individuals covered by this Plan may receive credit for allowable breaks in service for the following reasons:
(a). Injury or illness (other than through alcohol or drugs) to the extent of becoming eligible for Worker’s Compensation or for benefits under the Industry’s Welfare Plan.
(b). Absence due to military service provided the individual is reinstated in the industry in compliance with the requirements of law as to re-employment.
(c). Absence due to service as an officer of the LL.A. or its subdivision.
(d). Absence for a period not to exceed one year upon advance approval of the Seniority Board when the Board determines a temporary leave to be necessary and not for the purposes of accepting other employment.
(e). Absence which is applied for in advance due to a reason for which an individual would otherwise qualify for leave under the federal Family and Medical Leave act, up to twelve (12) weeks per Contract Year, so long as the individual worked (or received credit for) sufficient qualifying hours in the preceding Contract year remain in their seniority classification.
(3). In order qualify for their initial Seniority Classification under this plan, an individual must work seven hundred (700) or more hours in a Contract Year.
4(B). The seniority of an individual shall cease with respect to priority of employment in the event he voluntarily quits, resigns, or retires.
4(C). The records of the Pension and Welfare Fund shall be the official record of years of service and hours worked; and where such records are questioned, the Seniority Board shall have the authority to determine the figures.
In selecting personnel for work covered by the collective bargaining agreement, the following rules must be observed:
5(A). Providing they are qualified to perform the essential functions of the job, and in the case of positions requiring special skills, provided they meet the necessary standards of skill, all available personnel in highest numeric category must be offered employment before other categories can be considered. Should further personnel be required after all numeric category personnel been offered employment, the employment will be offered to personnel next in category in the same fashion. After employment has been offered through all numeric seniority categories, employment shall be offered to non-seniority group 1 employees and then to each successive group. Employment will be offered through all successive categories and groups until all available personnel have been offered employment before personnel without seniority status or a hiring preference are employed.
(1) Notwithstanding Section 5(A), an Employer may designate certain jobs as “guaranteed” forty hour per week, core, and in-house jobs. Such jobs will be posted for bid once per Contract Year, during the month of September, to be filled for the following October 1 through September 30 period. At the conclusion of the bidding period, the most senior individual(s) who can perform the essential functions of the job(s) in question will be awarded the position, provided that individuals already occupying such positions may not be involuntarily displaced. Individuals who fill such guaranteed positions may not exercise their seniority rights under Section 6(A) for positions offered through daily roll call at times when work is dispatched for those positions, except when consistent with the past Port practice permitting individuals who are yard headers, in-house gantry operators, and regular water-boys to accept work consistent with such assignments during daily roll call.
(2) When making hiring decisions as between individuals who have the same seniority preference (or lack of preference), the person responsible for hiring shall make the hiring decision based upon their determination of the skill, ability, and reliability of the individuals competing for the position.
5(B). Gang headers and foremen who are responsible for hiring must comply with the rules of this Seniority Plan. Shape-ups shall be conducted promptly at shape up time.
5(C). Gang headers and foremen shall hire available personnel according to seniority and shall not wait for any group or special personnel. The hiring of emergency gangs at times other than the normal hiring periods will be allowed as long as the emergency gang is paid from the last starting time prior to their hiring.
5(D). A person accepting a job must complete that job before that hiring period is over in order to be eligible to use his or her seniority at the following shape-up.
5(E). A person working past midnight but less than eight hours on a job shall be entitled to use their seniority again at the noon shape-up or thereafter. A person working past midnight and more than eight hours shall not be entitled to use their seniority until the day following the day on which their job ends. Persons affected by this rule shall still be entitled to shape up ahead of casuals.
5(F). All personnel will normally be employed only at the hiring hall. When additional personnel or replacements are ordered, work at the job site will proceed as scheduled even though a gang may work short while waiting on the additional personnel. When the union hall is closed, the header must contact the Dispatcher when additional personnel or replacements are needed. Gangs shall be hired in accordance with the collective bargaining agreement.
5(G). Personnel starting work are entitled to remain until that job is completed. It is not a break in service when employment is interrupted by meal periods, payroll or voting periods. In the event personnel are released for other than the above breaks and are ordered back for a subsequent starting time (dock-side orders), their re-employment will follow procedures for new employment, with the exception of headers/gang foremen, second men and core employees.
5(H). Positions such as gang headers, second men, ship foremen, dock foremen, and similar assignments designated by an Employer and the Local (such as crane operators and certain heavy equipment operators) are not subject to seniority procedures.
5(I). Additionally, anyone accepting a guaranteed four (4) hour or eight (8) hour job will have no seniority status during the guaranteed period for the purpose of acquiring other work at any shape-up which occurs during that guaranteed period. Therefore, anyone who is currently on a payroll is not eligible for a shape-up.
5(J). Selection of individuals for referral to jobs shall be without discrimination against any applicant for any reason, including by reason of membership or non-membership in ILA Local 2078, or any other labor organization. Such selection shall strictly be in accordance with the rules and procedures set forth in this agreement.
In addition to hearing grievances and requests, the Seniority Board, on receipt of a written and signed complaint submitted in accordance with paragraphs 2(A) and 2(B) of this Seniority Plan, shall hear and determine charges as set forth below.
6(A). Upon a finding that an employee or a header left a job without securing a replacement or failed to arrive at a job, or leaving a job prior to 2nd meal period (unless injured), the Seniority Board shall assess a penalty up to and including the following:
FIRST OFFENSE: Three (3) days suspension from use of the hiring hall.
SECOND OFFENSE: Fourteen (14) days suspension from use of the hiring hall.
THIRD OFFENSE: Thirty (30) days suspension from use of the hiring hall.
6(B). The following, if found by the Seniority Board, shall constitute a violation subject to discipline as set forth below:
(1). A deliberate violation of the seniority rules set forth in Section 5 of this Seniority Plan.
(2). Collusion by an individual with a gang header to violate the hiring rules.
(3). Use of false/fake seniority card or use of a card belonging to another individual.
(4). Allowing another to use the seniority card entrusted to the owner.
Upon a finding of any violation under this provision, the Seniority Board shall assess a penalty up to and including the following:
FIRST OFFENSE: Thirty (30) days suspension from use of the hiring hall.
SECOND OFFENSE: Sixty (60) days suspension from use of the hiring hall.
THIRD OFFENSE: Permanent disqualification from use of the hiring hall.
6(C). Before taking disciplinary action for violation of rules herein specified, the employee or header as the case may be, will be given written notice of the conduct claimed to be in violation of the rules and warranting disciplinary action, which notice shall fix a time and place at which the employee or header may appear and respond to the charged violation.
7. The Seniority Board may periodically meet to determine whether the penalties listed in paragraph (6) are adequate, and may adjust the penalties set forth above in order to ensure compliance with these rules.
9. This Seniority Plan shall not supersede the terms of the Local’s collective bargaining agreement(s) with its signatory Employers.
12. In the event any provision of this Seniority Plan is invalidated by a court of competent jurisdiction, all of the remaining provisions of this Seniority Plan shall continue unabated and in full force and effect.
13. This Seniority Plan may be modified only as follows: any proposed amendment must be submitted in writing by motion at a regularly scheduled general membership meeting of the Local, and shall be read in full at that meeting and the next regularly scheduled meeting. The motion shall be voted upon immediately following the second reading. The motion must be approved by fifty-one (51) percent of the members voting in order to be adopted.
14. This Plan shall become effective October 1, 2024.
Approved this 1st day of October, 2024.