Procedural Booklet

Article IX of the 2004-2010 Master Contract

(Effective October 1, 2004)

Maintenance Work Covered by the Agreement

It is agreed that the jurisdiction of the ILA shall cover the maintenance and repair of equipment (which term includes containers and chassis) and such equipment as its members have historically maintained and which is owned, controlled, operated, or interchanged by USMX members including, but not limited to (a) container cranes, (b) container handling equipment and (c) container cranes and container handling equipment which is acquired for new deep-sea terminal facilities. The ILA’s jurisdiction remains in effect at waterfront container facilities, and/or off-pier premises used for servicing and repair of equipment covered by this agreement, in accordance with the Containerization Agreement.

Further, all said equipment, be it owned, leased or controlled by USMX members and/or signatories to the Master Contract, etc., once it is presented at waterfront facilities, shall be covered by this agreement.

Furthermore, it is recognized that the marine terminal work of all ILA crafts has been traditionally performed on pier and waterfront facilities. When such marine terminal work is moved off the marine terminal by the terminal operator or by a signatory carrier to facilities in the port area, the ILA shall retain its work jurisdiction, where the work is the work that would have been performed in the marine terminal or port area.

Major damaged equipment must be repaired in the port where the major damage is discovered provided, however, that where a carrier needs to reposition empties or where it is otherwise necessary to its operations, a carrier shall notify the ILA maintenance local of the repositioning and the equipment numbers of the major damage equipment. Thereafter, it shall also report the time, place and nature of the repairs performed by ILA labor in an ILA port on such damage equipment. Such notification shall be subject to the audit procedure.

In fulfilling the above objectives, it is agreed that:

No damage equipment shall be loaded aboard ship for export except under the procedures provided below.
No employer or carrier shall permit damage equipment to leave the compound except under the procedures provided herein
The employers and carriers shall not enter into any leasing agreement that circumvents the work jurisdiction of the ILA covered under this Agreement.
Determination Procedure

An ILA/Carrier Master Contract Committee has established amended criteria attached as part of the Appendix for a container with major damage in accordance with uniform criteria which relate to safety, structural soundness, roadability and seaworthiness of the various types of containers. These criteria shall be distributed to the ILA maintenance employees in the inspection (or roadability) lanes at each container terminal.
In accordance with the criteria established in paragraph No. 1, ILA employees may designate a container or chassis which they examine and find damaged (as defined in such paragraph 1 criteria) as out of service on a T.I.R. form and such container shall be placed in a deadline status in accordance with the procedures of the terminal involved.
The carrier shall be notified of such designation as soon as possible and shall have the right to determine that such container or chassis shall either be repaired (in an ILA port of its choosing) or if it disagrees with the ILA determination that such container was damaged within the paragraph 1 criteria, the container in question shall be placed back into service or repositioned as an empty.
Grievance and Audit

The ILA shall have the right to be informed of the action so taken and to grieve the matter, if it so desires, under the terms and conditions of the grievance procedures agreed to by the parties in the Master Agreement. If it is determined under such grievance procedure that the container in question should have been repaired, the carrier shall pay liquidated damages of $1,000. per container ($2,000. per container for willful violations), as ruled in such determination.

Fact finding and audit under the grievance procedure shall be provided by an independent auditor selected by the parties who shall have the right to audit all applicable documentation of a carrier to determine compliance with this agreement. Such audit shall be available to the grievance procedure and may be used to establish compliance or the lack thereof.

Major Damage Criteria from the 2004-2010 Master Contract

(Effective October 1, 2004)

As provided in paragraph 13 of the Master Agreement, the following is a definition of the criteria adopted by the ILA/Carrier Master Contract Committee for a container with major damage. Nothing herein contained shall be deemed to limit the work jurisdiction of the ILA in accordance with the Containerization Agreement.

The definition of a container having major damage shall be any container or container component which causes the loss of structural integrity to a point in which it creates an unsafe condition.

Major damage to the following critical component connections shall constitute loss of Structural integrity and shall be considered an unsafe condition:

Bottom rail to corner post severed
Top rail to corner post severed
Top corner fitting to corner post severed
Bottom corner fitting to corner post severed
The above discernible major damage is supplemented by the following, any of which is considered major damage.

Connection Description
Normal wear and tear, holes and dents or compression lines do not cause a loss of structural integrity and, therefore, do not constitute major damage or an unsafe condition.

However, the above does not constitute the removal of roadability and FWHA inspections presently performed by ILA maintenance men or otherwise limit the work jurisdiction of the ILA in accordance with the Containerization Agreement of the Master Agreement.

Major Damage Criteria from the 2004-2010 Master Contract

Master Damage Criteria for Chassis

Component Part Type of Damage
Brakes Cracked or damaged air tanks and missing components including air lines and chambers, lining worn to ¼” at centers and relay valves which are inoperative
Broken wheel studs More than one stud broken or missing
Oil seals Leaking and hub oil caps
Sevenway Plug Receptacle missing, broken or inoperative
Landing legs Gear box and/or legs bent or bowed to the point of being inoperative
Suspension Cracked or components missing or damage beyond useful function
Axels Loose radius rods and/or out of alignment as to cause unsafe tracking
Twistlocks Bent so as to be inoperative or missing handles
Front lockpins Bent so as to be inoperative or missing pins or locking tab hold handle
Bolsters/Goosenecks Bent to the point of not accepting a container or allowing the container to be locked down
Frame Bent or cracked welds at critical points such as gooseneck to frame rails, frame to bolsters, cross members, frame to leg mounting boxes, and frame to suspension points so as not to allow the container to be locked down
ICC Bumper Missing, if required by original equipment manufacturer, or so severely damaged or bent so as not to function as a bumper to comply with Federal Regulations
Wheel hubs Loose, or missing so as to make chassis inoperative
5th Wheel Cracked at gooseneck; NOTE: this type of damage can only be ascertained during a PM
All deadline chassis must have dead lining reason clearly stated on the TIR and the unit tagged before the carrier will accept it as a deadline.

Master Damage Refrigerated Unit

When a refrigerated container cannot operate to carry refrigerated cargo due to a mechanical failure, the ILA shall retain its jurisdiction to repair such failures. However, it is understood that the Carriers retain their right to reposition refrigerated containers to accommodate cargo.

On a daily basis, data is fed automatically into the system from two primary sources using FTP transmissions:

Gate reports (EDI transaction set 322) – containing information Regarding containers and/or chassis deemed to have major damage as defined in Appendix D to the Master Contract.
Bay-Plan Reports (baplies) – reflecting the outbound shipments Of units (container) on the carrier’s vessels.
The system posts the FTP transmissions of major damage units to its database and maintains the data by carrier SCAC codes; this provides for a variety of sorting options. The carriers, and other authorized users can access www.ila-ports.com and by clicking on Tracking System”, after entering their password and authenticated by the system, view those units reported as having major damage.

Initially, in order to gain access to the system, the user must install a component of Java code, J .Initiator 1.3.1.17, on their PC. The J. Initiator may be downloaded as follows:

1.)Logon to www.cccscweb.net
2.)Click the “Tech tools” tab and proceed as instructed; the same page offers Adobe reader 7.0 if needed.
Notes:

You need DSL, cable, or T-1 line to download the J. Initiator, the transfer rate will be slow for a regular Modem. Alternatively, we can provide a CD that contains J. Initiator
You may have to inform your system administrator that you are going to download or install the J. Initiator applied on your PC.
The ILA Port of Discovery Administrator has assigned a User ID and Password to each new user. Immediately after the initial logon, the user is encouraged, for the security of their individual data, to change the password following a specific password convention:

Minimum 6 characters but no more that 9 characters
Must have a combination of lowercase letters and numeric
The first character must be a letter

Following authentication, the first screen the user will see is the Main Menu Screen. Most of your input will be done using the Damaged Units screen.

Click the Damaged Units button and it will take you to the Main System Screen. It is a multipurpose screen that allows you to view all the units that were posted in the system as major damaged units. There are various search and filtering capabilities that provides you with flexibility and efficient searching.

The comment bar is for inputting vital information in regards to damaged units. It appears after you use the select unit option on the Main System Screen.

The comment bar can be used to enter all types of information. After input is complete you must click “Save” to record data.

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