Arbitration pursuant
to
Article I - S
CCtiOn
4 of the
employee protective conditions developed :n `:rv York
Dock Ry.,Concrol-Brooklyn Eastern Dist., 360 I.C.C.
60 (1,979) as provided in ICC Finance Docket No. 28905
(Sigh. ho. !) and related proccedings
PARTIES International Association o! )
Machinists and
Aerospace Workers
TO
and ) DECISION
DISPUTE
The
Baltimore and
Ohio Railroad )
Company )
Louisville and Nashville Railroad )
Company
QLTSTIOIS
AT
ISSU-:
Vhat provisions
shall be
contained in an
arbitrated i=ple~enting
agreement pursuant to
Article I, Section 4 of the New Yerk Dock Conditions
is order
to provide an appropriate basis for the selection and assignment
of forces and the application of
the
New York Cock Conditions with
respect:
to the transaction which vas the subject of the Carrier's September 2, 1982,
notice9
BACKC."~OC\D:
On September 25. 1960. the
Interstate
Commerce Cowoission (ICC)
served its Decision in Finance Docket
?1o.
28905 (Sub. \o. 1) approving
acquisition of control b7 CSX Corporation of rail carriers
subsidiary to
Chessia System. Inc. and Seaboard
Coast Line Industries. Inc. The
Co=issios in its Dccision imposed conditions for the protection of
employees set forth in
Kew York Dock Ry. - Control , 9:cc'klyn £,srcrn
District, 350 I.C.C. 60 (1979) (New York Dock Conditions).
On September :, 1982, the Baltimore i Ohio lAilroud Company
(Db0) and the Louisville i Nashville Railroad Company (UN), two carriers
over which CSX Corporation had acquired control by virtue of the Commission
Decision in Finance Docket No. 28905 (Sub. No. 1), served notice upon the
International Association of Machial.ts and Aerospace Varkers (ZAM or
Organisation) pursuant to Article 1, Section i of the Kew York Dock
Conditions. The notice stated that the Carriers intended to discontinue
operation of the H&Q Car Wheel Shop at Glenwood.
Pennsylvania and
to
transfer -and coordinate such work with the work perforzed on the L&N
railroad at its South Louisville Shops. Louisville, Kentucky. The
notice
also stated chat positions of 12 machinists and 4 cach:nist helpers would
be abolished at the Glenwood Shop and 9 machinists' positions established
at the South Louisville Shop.
Further pursuant
to
Article I, Section i of the
New York Dock
Conditions, the parties met an September 15 and 16, October 21 and 22 and
November 1, 1982,
for
the purpose of reaching agreenant
with respect to
the selection and assigruaent
of forces resulting frog the coordination and
with respect to the application of the New
York Dock Conditions
to the
coordination. The Carriers submitted a written proposal at the October 21
meeting, however, the parties ware unable to reach agreement, and the
dispute remained unresolved.
Thereafter, thn Carriers invoked the arbitration procedures of
Article I, Section 4 of the New York Dock
Conditions.
The parties did
not select a Neutral Referee is provided in Article I,
Section 6 and ss
further provided therein the Carriers applied to
Lhc `rational Mediation
Board for. appointment of a Referee. That agency
appointed the
undcrsigncl
on
November 70, 1982. Hearing was held in this matter pursur.nt to Article
I, Section 4(a)(1) on
December 20, 1982, at which ti=a the parties
presented written submissions and oral argument.
FINDINGS:
The parties have complied with the procedural requircmcnts of
Article I, Section 4 of the New York Dock Conditions, and the question
at
issue, noted above is properly before this Neutral for determination.
The Carriers take the position that their ?ro?osed agreement
covering this transaction is fair, equitable and apprc?riate. The
Organization holds a contrary
view on
several points.
At the outset the Organization contends tha: the question at
issue in this proceeding must be resolved against tha background of
another coordination which the Organisation urges has sircct and
substantial impact upon the coordination here. On Se;=ember 2, 1962,
the same date the Carrier served notice triggering this procccdins, the
860 and the
Chesapeake 6
Ohio Railway (C60) served n3::ce upon the LAM
o! :he Carriers' intent to discontinue all work in co=section with
locomotive repair performed. at the
340 Glenwood Backs-:?, Glenwood,
Pennsylvania, and to transfer and consolidate such work with work
being performed at the C&0 Huntington Locomotive Shop, NuntlnCton, Vest
Virginia. The notice stated that 25 machinists' and 4 machinist helper's
positions would
be abolished at Glenwood Backshop and 13 machini«ls' and
machinist helper's positions added to the Nuntinbto3 Locomotive Shop.
This notice was furnished pursuant to the M-BSO-Western Maryland
coordination
agreement (?!aster Transfer ACreement) a~:;a the IAM, itnd
the effective date vas set for December 6, 1982, the sa=s effective
date act for the closure of the Glenwood Car Wheel Shop and the
abolition and creation of
machinists' and machinist
helpers' positions
in connection therewith.
Both notices servod on September 2, 1982, affected the same
seniority group, and apparently such of the time spent is the negotiating
meetings held pursuant to Article T, Section i of the rcw York Dock
Conditions vas spent discussing the notice served under the Master
Transfer Agreement and its potential effects. The Carriers implemented
the notice concerning the Glenwood lackshop on December 6, 1982, although
at that time, as is evidenced by the instant proceeding, no agreement
had been reached pursuant to Article I, Section i of the New York Dock
Conditions.
As
a result the Glenwood Backshop was closed, and several
employees on the seniority roster transferred to Huntington, West Virgini..
The Organization contends that
the
Carriers' a:tion vas unfair
and asks this Neutral to right the perceived wrong to the employees by
providing in the arbitrated implementing agreement teat any machinist
employees
holding as assignment at
the Clenvood Shop on September 2, 1982,
be given thirty days to elect the benefits iloving from the Decision in
this proceeding or those under the Master Transfer Agreement.
The Organization points out that by closing :he Clenvood Ba=k; hop
on December 6, 1962, the Carrier forced employees to exercise their
seniority, either to transfer to Huntington, West Virginia, which several
did, or to displace junior employees working in
014
Glenwood Ccr Wheel
Shop. As a consequence. most present members of the machinist craft
working
in the Clenvood
Car Wheel Shop arc very senior employees, while
junior employees are out of vork and collecting
dismissal allowances,
all
under the Master Transfer
Agreement.
The Carriers argue
that under
Article t, Section 3 of the
New York Dock Conditions, inter alga, employees must elect
between
the protections of the
New York Dock Conditions
and thaw offered by
any other protective arrangement under which
they
are entitled to
benefits.
However, the Organization argues that
the
Carriers' actions derived
employees of a meaningful choice between benefits under the
Master
Transfer Agreement and benefits under
the
New York
Dock Conditions
because
o4
December 6, 1982.no agreement had been reached or arbitrated pursuant
to Article I, Section 4 of the Now York Dock Conditions.
The Carriers argue that the Organization seeks to "unscramble
the eggs" which would unduly burden the Carriers. The Carriers point
out that they attempted to effectuate simultaneously the closure of the
Eackshop and the Car Wheel Shop
at
Clenaood, Pennsylvania,
but were unable
to do so by December 6, 1982, because
the parties failed to reach
agree=enc by chat date.
The unfairness of the Carriers' actions, emphasized so stronsly
by the Organization, is more apparent than
real.
What the Organization
actually seeks is the option for the most senior employees, and thus
the least likrly ca lose their positions, to transfer to Louisville or
Huncin&ton. While the
choice between transferring cc Louisville or
Huntington understandably is a highly desirable one, there is nothing
fundamenta:ly unfair about the ab.senee of that choice
under
the
circumstances of this case.
Closure of the Glenwood Backshop and the resulting effects on
employees flowed from a
transaction under the Master Transfer Agreement
and not the New York Dock Conditions. Once employees exercised their
seniority pursuant to
the
Master Transfer Agreement only those remaining
at Clenvood actually would be affected by
the transfer pursuant to
New York
Dock. With respect to Article I, Section 3 of the New York
Dock Conditions, there simply
is
no election remaining for the machinist
employees who transferred to Huntington, because by transferring they
elected
to
take jobs at Huntington rather than tp burp into the Car
Wheel Shop at Glenwood which they knew would
be
closed within a short
time and all machinists' positions abolished there.
It is true that the difficulties here were to some extent created
by the Carriers. Furthermore, tho fact that the Carrie=s served both
notices on the sa=e day i.rould support the inferences that they were
attenpting to exert pressure on the OrSanizatlon to reach agreement
under Article T, Section 4 o! the hew York Dock Conditions by creating
the potential situatiou which actually resulted. Nevertheless. the
Carrier apparently tried to effectuate both transactions sioultaneously,
and if they
had
been successful the employees would have had the choice
the Organisation seeks here. Only the parties' failure to reach
agreement precluded that choice. Under these circunstances the
Carriers did not Violate their obliCations under the Now York Dock
Conditions.
It must bo borne in mind that the function of the New York
Dock Condition: as well as most protective arranCcments is to preserve
employment for those capable of holding it through the exercise of
seniority and to make whole those employees who must taRe positions
producing less compensation
or who lose their Positions
altogether.
In
the final analysis the Organization's request for la:.;uage is not necessary,
to a fair and equitable arrangement for the selection of forces, and
accordingly it will not be included in the arbitrated ;tplementine
agreement.
The Organization disputes the need :or the creation of nine
new machinists' positions at the South Louisville Shops and argues that
the work
to be performed by employees in those positions should accrue
to UN employees, many of whom are on
furlough. The
Carriers argue
that inasmuch as substantial work is beinG
transferred from
the Glenwood
Car Wheel Shop to the South
Louisville Shops, the
posirlons are justified
and that they should
accrue to the Glenwood Shop cachinists to --hose
craft the work
originally belonged.
By its Decision in Finance Docket yo. 28965 (Sub. `lo. 1) the
ICC granted the Carriers authority to engage in the t:ansaction which
vas the sub;ect of
the
Carriers' September 2, 1962, notice. Creation of
the machinists' positions at tho South Louisville Shops is an integral part
of that transaction. The authority of s Neutral a;tin; under Article I,
Section 4 extends
to
the selection of forces to fill close positions,
but it does not extend to review of the Carriers' decision to create
such positions.
The
Carriers'
proposal recoqnices tho equitable interest of the
CLQwood Shop machinists in the work which
Vas part o.° their
craf
t. It
permits those employees to follow their work. It allows the UN machinists
the opportunity for the work in the event
ehe
Clenvood Shop machinists
do not follow their
work. This appczra to
be a more appropriate basis
for the assigrunent of forces than that urged
by the
Or;anixation.
The Organszatioa contends that the Glenwood Shop machinists
cannot be forced
to
transfer
to Louisville ac the peril of
losing protects,
under the New York Dock
Conditions because such a move requires a change
of residence. Tho
Carriers urge that they cannot refuse such transfer
and continue to be dismissed employees within toe meaning of Article t,
Section 1(c) of the New York Dock Conditions.
In support of its contention
the
Organisation analyzes the
trea=ment of the terms "dismissed coployee" and
"change of residence"
in
various protective agreements and arrangements. ?he Organization
argues that it is the intent of those conditions and arrangezents
that
employees not be forced to nave against their wishes if such move
involves a change of residence. The Organization seeks specific language
in the arbitrated
implementing
agreement which
it
contands would apply
this protection to the coordination in this case.
The basic defect
irk
the Organization's argaeat, as the Carrier
notes, is that it ignores the history of this issue before the ICC.
In its Decision in
Finance Docket No. 28905 the Coaission was requested
by labor organizations to
expand
the
definition under
Article I, Section
1(c) of the New York Dock Conditions of a dismissed c-?loyee so as
to
protect employees from having to relocate. The ICC specifically rejected
the organizations' request. The ICC has spoken authoritatively on the
mattcr,and this Neutral must follow the ICUs pronouncement.
The Organization relies upon an Award in an Article t, Section
proceeding,issued after the ICUs Decision in Finance Docket No. 28905,
involving the CSX Corporation and the Brotherhood of railway Airline
and Steamship Clerks, Freighc Handlers. Express and Station employees-Inri
Lieberman. Neutral.
That Award contains
language which appears
contrary to the thrust of the ICUs Decision. However, that Award
dealt with a displacement allowance and not
a dismissal
allowance.
Furthermore, the Award does
not assess the ICUs
Decision. Accordingly
this Neutral does not find the Award persuasive.
Thus,it is concluded that the Glenwood
Shop machinists nay
not refuse to
transfer to Louisville and still cone within the definition
of a dismissed employee
set forth in Article I, Section 1(c).
The Organization urges that seniority be observed
in the
transfer of employees f:om
the Glenwood Car keel Shop to the
South
Louisville Sheps, and the Carriers do not disagree. In fact the
Carriers' proposed agreement recognizes that proposition. However, the
Organization
seeks a
provision in the arbitrated icple:aencing agreement
allowing ecployees who do transfer a reasonable time to
report. This
Neutral does not
believe that specification of a time or period for
reporting is necessary. It
19
contemplated that the parties will follow
the rule of reason in this regard.
Both the Carriers and the Organization sprat
chat
any transferees
to Louisville should have their
seniority dovetailed into the Louisville
roster. The only apparent difference between the Carriers' proposal and
the Organization's proposal on chis matter concerns the situAcion where
two cmployccs may have the same seniority date and the same service
date. The Carriers would resolve the
ranking by lot,
but
the
OrGanixation
proposes that the oldest employee in chronological a;e be ranked ahead
of the
younger employee. The Organi:acion's proposal
sees core
consistent vich the
principle of seniority. and it will be included
in the
arbitrated implementing agreement.
The
Carriers and the Organization failed to teach agreement on
whether the Lb;J working agreement should apply to Glenvaod machinists
who transfer ca the
South Louisville Shops or whether
=he 860 working
agreement should apply.
The
Organitation challenges the
Jurisdiction
of this
Neutral to
resolve the
issue-on the basis of Section 2 of the
New York Dock Conditions which provides:
The rates of pay,
rules, working conditio=s and
all collective bargaining and ocher rights,
privileges and benefits (including concinuac=on
of pension rights and benefits) of the railr:ad's
employees under applicable laws and/or existing
collective bargaining agreencnts or otherwise
shall be
preserved unless changed by future
collective barCaining agreerents
or
applicable
statutes.
The Carriers argue that such jurisdiction exists and that the L6Y
agreement should apply because that agreement will be a2plicable to all
other
aachinists
Working at the South
Louisville Shops.
In
suppurt
of their
jurisdictional argument the Carriers rely
upon a Decision
under Article I,
Section 4
of
the New York Dock Conditions
by Neutral Robo=t
Peterson involving the
Southern Rail::iy Co.-Norfolk 6
G'ettCrn
Railway Co. and Railroad Yard:13sters of Acmerica.
In that Decision
Neutral Peterson
applied to transferees Cho agrecraent in effect on the
property -to trhieh
they transferred as a result of a
coordination. The
Organization relics upon a Decision by the undersigned in an Article I,
Section 4 proceeding between the
Southern Railway Co.
and the
Brotherhood
of Railroad Signalmen which the Organization contends supports its
position.
As the Carriers
note,this Neutral's
Decision is the Southern
Railway case involved a
situation where to
grant the Carrier's request
would have extinguished
a collective
bargaining agree=enc, a factor not
present in
the
case decided by Neutral Peterson and so noted by him.
Nevertheless,
this
Neutral's review of the Peterson Decision and his
Decision in the Southern Railway proceeding forces the conclusion chat
no jurisdiction. exists in
this case to grant
the
Carriers
the
relief they
request.
It is true
as the Carriers
contend that in
:re
instant case
the
B&O agreement will continue
in effect
at the Clenwood Shop and thus
application of the L6:1 sgreemant would not result in tie destruction of
the Clenwood Shop
agreement. In
this Neutral's opinion chat distinction
does
not vest
jurisdiction in hire to apply the LZN contract.
The rationale of this
Neutral's jurisdictional
ruling in
the
Southern Railway cash,
and
the
awards upon
which
it was based, is that a
Neutral
under Article
I, Section 4 has no authority to alter races
of pay, rules
or
other benefits preserved by Section 2 of the New York
Dock Conditions.
Accordingly, such Neutral has no authericy to modify a
collective bargaining agreement where the parties have
not agreed to confer
that authority upon
aim.
In the instant proceeding the Organixstion
has not agreed to
thz Carriers' proposal or to submit the issue volunlnrily
to arbitration.
This Neutral is sensitive cc the fact that his Decision of
January lZ, 1983, in as Article I, Section 4 proceeding between these
Carriers and the Brotherhood Railway carmen of the f=ited States and
Canada involving the transfer of carmen to the
South Louisville Shops
provided for application of the UN ·rorking agreement to the transferees.
However, is that case the Carriers and the Organization agreed that
the L&N agreement would have such application.
Accordingly, no provision will be contain*d is the arbitrated
implementing agreement applying the LLN agrccment to
cachinists who
transfer to the South Louisville Shops.
The
attached arbitrated implementing agreenenc, which is
hereby made a pare of this Decision, constitutes the Scucral's determinatioa under Article z, Section 4 of the Near York Dock Conditions as,
to the appropriate basis for the selection and rearran;anent of forces
pursuant to the coordination which gave rise
to this
proceeding. This
Decision and the implementing agreement are intended :o resolve all
outstanding issues in this proceeding as provided to :rcicle 1, Section
4 of the Ncw York Dock Conditions.
/U
/..~6c.C~G~7/L~i~/C(7~G~ / i
lu
11am E. Fredenberger. Jr. J'
Neutral Referee
DATED: January 19, 1983
ATTACH."1CNT
ARBITRATED IHPLZrtENTING AGREL4GNT
BETWEEN
THE UALTIMO11C AND 01110 RAILMAD CO:: AMY
LOUSIYILLE AVD HLSIIYILLC PAILROAD CO:-Z1 L1:Y
AND THEIR CKPL01TES REPIZt,SENTED t1T
1JITERNATIONAL ILSSOCILTION OF MACHINIST At.D h1'il0;:r:.w I:GPI'G]tJ
fITCPE.1S, this transaction is mado pursuant to 1nterctate Coy.-..-crec
Com.-fission decisions in Finance Docket h'o. 2a905
(Sub.-':o. 1) and
relatcd
proceed inCs, and
1fri~h~AS, The Baltimore and Ohio Railroad Cor:;,enF and
Louisville and
Nashville Railroad rnr-,iany, hereinafter desirnat.=d respe:-vely as "3 L0" cr.d
"LAN" Cave notice in accordance with Article I S-?ct,ion
4(_)
or the cord itic':in
for the protection of er-ployees enunciated in Mete Yo!.'-
11c,C
R_,·.
_..
Centre'
Brooklvn E,st.cmn
ni·;_,i60 I C.C_. 6oLtr?79) h^_reir,aft=r
c:.. _ -.;.c4
.-.:
"~isu
!'ortc
Dock Conuiticr,s" of rhu intent oi' the LUO to discnntin;ie o:.=:~'io~ of vie
u:irel
shop at Clcnvood, Pennsylvania and transfer such -:ork to
~.:-.a
L.&A railroad South
Louisville SPops,
h'H£R1rP.S, tr- parties have conferred,
but have reached no agreernenc,
NOW, thereford, it is determined:
'1. The Labor
Protective Conditions as set forth is the 'lea York
Dock
Conditions
which,
by reference hcrato, are
incorporated ha: ain arid matte a
r2.-t
hereof, sha11 bra applicable to this transaction.
2. As a result
or
this transaction, the t1%'&0 will dizc-itinsrc oacration of
the car vareel
Shop
located at Glenwood, Pennsylvania, and ;::~ AGO machini
ut and
rcachxnist helper positions
assigned at Lhat location ::ill be nholi:hcd.
Thcrcaf tcr, 90's car uhcel operations will be perforncd ~: Ldt! at their South
Louisville Shops, Louisville. Kentucky, and all work at
to::
location accruins
to machinists under the provisions o:' the Collective ',:-Czinint;
.1Crcc;.'cnt
beturen LIN and the International Association of M- ehinist .--.-.g Aerocpsce ':orkcrs
uIll be pcrrer:ncd by cmplo_vecz on the
M-3C11iniSt'S
Scnic-r-::r Roster at South
Louisville, Kentucky.
3. Positions to be establizhcd on L6tl
at South Louis.;:lc Shops, ctfcctivc
with the date of cpordirution, will be bulletined at Clem:a:.i, Pcunsylvania. for
i period of L:n (10) days and will accrue to cmployccs holdlno aaaienmcnt opt
Lhr?
Glenwood fachiniat noatcr,
Ccntral ReCion 'eniority Point 6.
11. (a) Upon eipiration
of the ten-day bull'ctin, deterciration will be made
of the ec.ployccz who have bid and wha have bccn a,.ar.Jcd a position at South
Louisville Shops.. At the same tune,
dcLernination will also
be made of thoac
employees whozc jobs are beinr, aboliahcd as a
rczult
of
this
coordination and
who, rather than bid on
a position in the coordinated ca2ration at South
Louisville Shop:;, have elected to excrcice
displacement ri-htz over junior
regularly s-sirrcd crralcyees whose po:.itions are not being abolished. S-rch
enployoes will dc.-.=Cnate the positions en which they
intend
to exercise
seniority riChts, and junior employees to be affected th=rely shall make the
sass dctcrmination.
(b) In Lite event any positions
advertised in
the ccardina ted operation
at South Louisville Shot's arc not filled in
accordance
with
Paragraph (a),
Glenwood cp:oyees whose positions arc to be
aholi:hcd and
who have not bid on
advertised pssiticris
in the coordinated operation or who do rat have sufficient
seniority to excrcisc seniority on othcr· positions on the roztcr, and crployc2s
who are to be displaced throuGh
the crcrcise of seniority as
descrir,cd in
Parar,raph (a) and :.re uncble to Exercise seniority on other
positions on the
roster,
Will
be araipnad to th= unfilled positions) at S"th Louisville Shop-.
in reverse order or seniority. Such assian^cnt will be by lett·_r 31rncd by
tll:r
appropriate Carricr officer with copiez to the
Local (h_irr-,an aria C; rcr. 1.
Chairman.
An
er? low.-e nosicined a poziticn at
South Louis--r=lis Shops :.:1o fails
to
r·P0o^t
to t:.a po::=tion cn the
el'recr-iv=
date of aasi(-frent, or as othcrwi;:.
arranced
with thg L!:'; officer
having jurisdiction at
thxt ?cc_tion, except
undef
eircurrmtzn=es heyonci his control, shall forfeit protce'.ien as set
forth ;n
Article 1, Scctien 6 of the yew York Docic'Conditions.
(c) The junior Clenwood e.tployce(s) will be
assiGr.:!d in accordance
With
parar,raph
(r)
until tile positio:1(s) a: a either
filled or until the e.;.ploycu:
described in suds ?ara6raph (b) are cahaustcd.
(d) In the event employees at Clcnwood fail
to ac:ept positions to
which th:y
are entitled
at South Louisville Shops, such
unf;:led positio:lz shall
then accrue to the employees at the latter location . Pra:tions then unrillcd
will be filled by
rceall of
furlouChed employees, if
say,
s.r,d ::yen by new hire.
5. (a) Frraloyees accepting positions at South Lou:r-:illa
o-1
the L:N
will
have their seniority date, as it aapcars on the Clenw::,d "%3chinist rtostcr,
dovetailed on the .appropriate
roster to which
transfcrr·d upon rcnortinG to
work, and
their rar_o will be romovcd
frOrn the Clcnwood Mac: ini: t
Rcstcr.'here,
TollowinL; this pro.·L.Jurc results in two (2) or more c:~1:;ccs having tire same
seniority date on tho dovetailed rortcr, their re=pcct_ve positions on Vic
rostev will re
deter;4incd by continuou. service
standing a::s
t: cn by age, oldest tit
(b) Cr:rloyccs
transferring to South Loui:°.vil_=
will
bo a.sirncd
pOaitions in accordance
v!.th the bulletins advertising ;ositions.
6.
In order that the provioions of tho first p:oviso set forth in Article
I, Scetion
3
of the tfcw York Dock conditions may be propter·ly adainistered, such
cmployco detcrmincd to be a displaced or .dismissed crployee as a rcault of this
Agreement; who alzo is otherwise clir
,iblc for protective bcn·fits and conditions
under zone other job
s·_curity or other protective conditic-s or arrangcw=nts
atLall, within ten (10) day r. aftc: notification of his ==etary protective
entitl·:rzant under the New York Dock Conditions, elect bst::ccn the benefits
thercuridcr and similar bencf=is under --uch other arranrement. In the c-rcat an
emplo;ce does not make
an elecl:ion within the
ten (10) day period specified
herein, he shall be considered to have clectcd to retain the protective
benefits
he in presently cl:Cible to raceive. This election sh311 r-of =crve.to alter or
afi'cct any a:alicaticn of tho substantive provision3 of Article I, Section 3.
7. (a) Euch disaissed employee shall provide cithcr n40 or LV! with the
followinin:oj·-._-tWn for ti-,,% precedinS
month in %jhich he is entiLled to bene
fits ro later than
the
tcat.h (10th) day of cach :subsequent
co::th on
a standard
form provided by the Carrier:
1. The days) cltirtcd by such employes under any
urenplryment insurance act.
2. The days) each
such employee worked in other
er-?loyment, the name and address of tile cnplcycr and the
Cross
earnings r_a :e by the dS,; :i:.=cd c:aloca _n such
other ccployncnt.
(b)
rn
the event an e:nployee
referred to in this Section 7 is entitled
to uner_aloyzent be;iefits under applicable laze but forfeits such uncmploynent
benefits under
r--Iy
uiicrplomcnt in=urnnee law because of his cr her failure to
file for sue: ur..^r..~loy_ch': tz;.efits (unle:a prcvenLcd from doinS so by sickness
or other unavoidable causes) for purponcs of the application of Sub-scetion (c)
of Ssection 6, t rticle I
or
tie New York Dock Conditions, they shall be considered the s;ae as if they had filed for, and recoivcd, such unermploymcnL
benefits.
(a) If the ecaloyce refcrres to in this Section
7
`ax nothing to report
under this Secticn 7 account of their rot being entitled :o bC;lCflL3 under any
uncmp loynCnt iWW:-ar-ca law and having no carninea froti :ny other employment,
such
cm,
loyce s~111 au;.-.jit, within the time period provid:d for in Sub-cetion
(a) of thi3 Scctio.1 7, on Me aapropriatc form annotated "N,2thinc to Report.".
(d) The failure of any employee rcfcrrcd to in 013 Section
7 to pro
vide the information required in this Section 7 shall
moult
in the
vithhuldingof all protective benefits during the month covered by such information ponds
bn
Carrier's receipt of such information from the cmployce.
8.
NothinC 7.n this inplcrP-inting a(:recmcnt shall be intcrpretcd to provide
protective bwefi'to le=o than those provided in the ticv York Dock Corisition3 or
exclude eoverare to
those covered by few York Dock Conditicns lmpozed
by the
Z.C.C. and
incorporated herein by paragraph 1.
Q. The provisions o! this Agreement shall become effective upon ten (10)
days advance written notice by the biO and L6:1
to their raspectiva Ceneral
Chairman.