Appendix — National Labor Relations Board v. International Longshoremen's Ass'n

Supreme Court brief1980

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APPENDIX ‘A MAR 1980 ||

VOLUME II (pp. 235-468) |

fi Fide,

| MicHAEL ROOAK, IF. Oo

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asiee? >

Iu the Supreme Court of the United States

OCTOBER TERM, 1979

No. 79-1082

NATIONAL LABOR RELATIONS BOARD,

Petitioner

—Vv. Se Pes

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION,

AFL-CIO AND CouNcIL oF NorTH ATLANTIC

SHIPPING ASSOCIATIONS, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT

OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

PETITION FOR CERTIORARI FILED JANUARY 10, 1980

CERTIORARI GRANTED JANUARY 21, 1980

a. a

Iu the Supreme Court of the United States

OCTOBER TERM, 1979

No. 79-1082

NATIONAL LABOR RELATIONS BOARD,

Petitioner

—

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION,

AFL-CIO AND CouNCIL oF NorTH ATLANTIC

SHIPPING ASSOCIATIONS, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT

OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

INDEX

Page

Chronological List of Relevant Docket Entries in Case Nos.

ee 1

Chronological List of Relevant Docket Entries in Case Nos.

wk, 2 SCR Ae ee ea ae 3

Excerpts from Transcript of Proceedings in Case Nos.

NI I ct hp 6

Witnesses :

Jack W. Mace

ERT TEN er els SRR RU tr ee 8

RSS TST Ses Sale ee OE 17

Ret AA AAR OSD Oe Le 17

SITET Cw a IE Gey Sa 19

Cletus E. Houff

i EERIE SCAT ORL SLT Ee 22

I iliiadentshebntial nici eee 33

ii INDEX

Page

Excerpts from Transcript of Proceedings in Case Nos.

5-CC-791, et al_—Continued

Witnesses :—Continued

Myles E. Billups

A a aA ne ee ER Ce Pa 36

PERK CELT EEE ES LE ee ee A ee a 39

CEE PR oe ONT 9 STE 41

Otis Landis

RE EERSTE EER eect AL eS Oe 42

Arthur Baker

a i 46

NATE ES SRR oN POMC ON a 48

EG EEE eee ae YP Ae aaa T eee en ee 49

a cloaiae 50

John Everett

ERAGE Ball ESAS RSAC Scart aI Laid Ye OE a LAS PD ONE 50

RN Rt REST a Rs of EO SRT DAT A OE 54

AA saath Si a cekteg cies ade ich cobicagdpeuick aachonsomrodea 56

Edward G. Bochert

SE SERIE RS SSSR AOR CR a 9 aR 56

RRR EIR: Ie SO ae TE Eee SE Eee 65

I asad nlctabaencs 65

Robert W. McCleskey

Nek EP TE RET en a RS PORT ae ee OeD 67

I a a og 72

M. L. Chadwick

RSA CN RPI Se ak oe I Oi Nae eR ee 72

RASS CRINGE MONET ROLE SAR hat OL OTN eR RS 74

RRS IRA SSAA pec ORCI ALO EO Pi: Ie RET OL 75

Allie S. McNeil

at ELE a en Wn, Ee a ea 76

STE RL 1 Sn Ane 86

EN ae ER TNE aa Nd Sa CR ye Oe eae 87

George L. Maier

a 88

Rag DATES ERTS IT eset Re Peed Bot RO A Oey 91

EER ae ERLE MC ORE ANNE SN SION A RR 106

INDEX iii

Page

Excerpts from Transcript of Proceedings in Case Nos.

5-CC-791, et al.—Continued

Witnesses :—Continued

Capt. John M. Haynes

Rs aia tite hannah scinalvenisdadatiediceh.otitedasinsamabicasesieleuicias 108

2 NESSES A aA CRN CREST CEA, 125

coc ce ct SRE LOL OE TET 126

ETRE eon er te Sean eRe RT a Se 132

IN: Re chitctNaketirntismnciesisgica i chasdeliinenisit Sasbtacdabidiaa nui ios 133

James J. Dickman

ES aR RST ECE IT Te 134

REEDS < TAO RTA ab oe NC SL 142

Thomas W. Gleason, Sr.

EET IU Cio RCO et OES Rat eS ee 149

| I Ee SRS ae Rk SR SEIT abe Ne RL I 152

Richard Hughes

Att ES TT TT at A SCT A OAR ME A Sn lee 159

ROE RE PE PSR ARI DMT OED: a 161

EN NO AE eR eee LIA Retoak AL See 164

Alvah J. Merritt

Et ET RE SON a, SERRE ee mT LD 168

I arti ele phctieSccps seesstethaces Lcdacosahades clamcnnieas kemtbiadaceded cc 171

Ne ae Re Ppa 173

Excerpts from Transcript of Proceedings in Joint Exhibit 1

in Case Nos. 5-CC-791, et al.

Witnesses :

Jack W. Mace

nog, AEE IOFAST oe Le BR Fy Ce 176

EARP EADS oA PRO ORES AN RARE en IO ae 179

ENE ae TTS SEA TR ERA OOO ME 181

Cletus E. Houff

SAMENESS A ED 182

ESE ES Ra ss SY oO a pS ee 188

Edward G. Bochert

0, PERE ENT SRE haar cA eC Ss TREN RO 190

Lg ETE SEITE NR TC? OA ee 199

iv INDEX

Page

Excerpts from Transcript of Proceedings in Joint Exhibit 1

in Case Nos. 5-CC-79, et al.—Continued

Witnesses :—Continued

A. S. McNeil

Nek ca accesible siabnhilesiovabteslliadaamlel 203

Narnia hai dived diedieidtidananieediembincaangnigneediagiantlian 207

Myles E. Billups

IIR. Gace hiestssnto phos chsbhces-sems-tipeonsipasslake shies dhsaichaichaeialadatbeadinidnanglamegace 209

I ceaseless Liilichig a Medicss seit heavdcindAagdestiadbailalahailinsahdtanieata 223

Alvin Merritt

I aa he siclichd tines tales aendschiiahaneniidl sailapeadeollacsbasioachuanal 231

EES ae eee ae Laan ee anew 233

General Counsel’s Exhibits

2 (title page; pages 10; 62-68; and 71-72) .........000000...... 235

3 (title page; pages 10-11; 64-68; and 69) 0.00000. 243

4 (title page; pages 9-10; and 64-76) 0... 251

S| LENSES BW eR EAL EET RE ACE Me A CEO ORE PEE coal 264

Sf ee SN TTY eee 270

Be CU es OE DED a isi csicnkseisivsntncintercinient agencies 277

I aca acetic SeelatllcdN ad Dig sesh duccapeucdnnioddeke ronbighiondaghuipncetebvasnenseaiiaiaands 287

i Wit acathadhapilactaadnhaghtoetheittagniakachuiceasothjhietiohnen tite etgaabotedacnmieaseaaaae 289

SOU i peated beiathansnpspdiimiehaentasie-<udrsnshensiei heigisteesionsetaniadiissulsieaidbapaaiiaheloaauaasen 298

Ee arte ee RN PEN OE Pe PO OPTI PER OPE 302

OER EMRE: SAR SOE a MRO ae RMS Foe We ORR ALIN SP 303

Be adidas eceteas tinh diapaeaalnsriepig soakiatoince vastbap das pig: Depoapa hose alles onsenlte 305

ERRATA SAE OTA ee a RS ONE Ae ANTE LEY Re 307

Wage SNS I MLIR IC Odrys yer Re SRN TS, mA BRVASTR 3A PI COM ge 308

GE, ASFA NALA AS Ce SM LSA aA i OP MON gE EAL SE ke 310

2S (all pages w/attachment) -..n.nn..cnc ccc ctcccccccarecavae 327

SO LRT ES RY a RIE Oy TES NE RE Se SS Ol 329

LSS Seah ene OE AS. IS RTT MO EE EN 330

ERIN ew gene Raa OS MLE ES RENE NE Tire a 334

edits hate hidehsdiasaaianteenineth ands eee id aban che aia aaa ie eae 336

ESSE ON A Te ATE ROE ce tad 338

RR ERS WR Rete Cet CGR SOM RE PR Ce AE at 340

ESE NSE ERE RE CIEE SEN EI NF 343

Ate Va, Set, Se -

INDEX Vv

Page

General Counsel’s Exhibits—Continued

aa che Ra hectic pekiesecsivcnccereanatseconccorancescneceeceeccee 344

ES ES ELT 345

EE SL LSE ST 347

EL SSE 374

EL LL 396

EE SS 398

ESS EET 400

ES SESS EY ae 401

EE LSE 403

EEL LTT ee 404

ES SL SIS 407

Respondent’s Exhibits (Joint Appendix in Nos. 77-1735 and

77-1758) in Case Nos. 5-CC-791, et al.

1 (pages 722a thru 4th paragraph at 731a) ; Short Form

through Bill of Lading (755a-756a) .......... 421

EES TIS SE 443

4 (Ltr. dated 9/25/74; Cases No. 14-74)... 453

(Ltr. dated 2/8/73; Case No. 11-78) 454

(Ltr. dated 6/26/73; Container No. 21-73) 455

(Ltr. dated 10/3/72; Case No. 12-72) 457

(Ltr. dated 11/29/72; Case No. 20-72) ........ 459

(Ltr. dated 5/22/70; Case No. 4-70)... 460

(Undated Itr.; Case No. 8-69) 0.0........oocccccccoccececeees ee. 461

(Ltr. dated 12/19/69; Container Case 8-69) 462

ESET UR Sn a ea 464

Errata to the Administrative Law Judges Decision ___. 465

Order Correcting Decision and Order ................. 467

Excerpts from Transcript of Proceedings in Case Nos. 2-CC-

1364, et al.

Witnesses :

Russell McHugh

SES SEES oe 473

ENS Eee 481

SSSR TS STERN eC 488

vi INDEX

Excerpts from Transcript of Proceedings in Case Nos. 2-CC-

1364, et al.—Continued

Witnesses :—Continued

Richard W. Lee

eR SN ae EER Pee Re ce eT) ee eC eT Oe

General Counsel’s Exhibits

3 (A, B, C, D, E, F and G w/attachments) ....................

Order of Administrative Law Judge Jalette Striking all

IRAE TET aAOORS SSL OSE AAD

Order of Administrative Law Judge Jalette Rejecting

Evidence and Closing Hearing -0..000000...2.0000...ceccceeeeeccceeee

Stipulation of Parties dated December 5 and 7, 1977 ......

Administrative Law Judge’s Order Approving Stipula-

tion and Transferring Case to the Board dated De-

ak Sep RE ED ME ae OOO Roped CS x SOI

Board’s Order Approving Stipulation dated January 4,

ES SSE IRE a ne he Sn DT ete MEE Te a PE

Rejected NYSA Exhibit 1 (in its entirety) .......0.0......

Rejected NYSA Exhibit 2A-2F (in its entirety) ..............

Rejected Affidavit of John M. Haynes, sworn to October

BR IP alia ain tb solignist > gliaiA. pices Maarces nbdaaatcesccukss edoceds

Rejected Affidavit of Michael J. Nicholas, sworn to Oc-

UN I Sadist aa Shade tars oks ans snodbctdanidssaessenden

Rejected Affidavit of William O. Gohlke, sworn to Oc-

tober 19, 1977

Order of the Supreme Court granting certiorari ..........

(The decisions of the Board and the decision and judg-

ment of the Court of Appeals were printed in the Board’s

petition for a writ of certiorari and thus need not be

reprinted. )

Page

AntaPrbarar 264.

A arr i Ale 6 Fy Sel ROT etre

235

GENERAL COUNSEL’S EXHIBIT NO. 2

HAMPTON ROADS

LONGSHOREMEN’S AGREEMENT

CLERKS’, CHECKERS’ AND

WEIGHERS’ AGREEMENT

MISCELLANEOUS WORKERS’ AGREEMENT

FREIGHT HANDLERS’ AGREEMENT

TERMINAL CHECKERS’ AGREEMENT

Oct. 1, 1968—Sept. 30, 1971

[LABEL]

Hampton Roads Maritime Association

127-129 Bank Street

Norfolk, Virginia 23510

SECTION 1

SCOPE OF WORK OF ILA

The ILA shall have, insofar as it is compatible with

the laws of the United States of America and the State

of Virginia, all work of rigging and unrigging of cargo

and passenger vessels and the loading and discharging

of their cargoes, including all carpentry and lashing re-

quired in securing cargo while vessel is alongside pier,

except vessels loading at coal piers, including mail, bag-

gage and dunnage used in connection with the cargo being

handled, under the following terms and conditions:

236

a. It is understood that this agreement does not apply

to ships loading and/or discharging bulk liquids at oil

installations, which work the employers have no legal

or contractual right to give to the ILA during the

term of this agreement.

b. For details concerning lashing and securing of con-

tainers as required by employer alongside pier—-see Con-

tainer Clause No. 53.

SECTION 53

RULES AND CONDITIONS

COVERING HANDLING OF CON TAINERS

IN HAMPTON ROADS

TO BECOME EFFECTIVE FEBRUARY 22, 1969

EXCEPT AS OTHERWISE NOTED

1. SIZE OF GANGS FOR STUFFING AND/O

STRIPPING OF CONTAINERS oe

_ When stuffing or stripping containers at pierside or

n the terminal area, a header and three (3) men will

be used. Additional men are to be employed at the Em-

ployer’s discretion ; however, it is understood that when

stuffing or stripping is carried out by hand not less than

two (2) men per container will be used.

2. On loaded containers which are stuffed or unstuffed

by other than ILA longshore labor, the amounts set forth

a. On conventional ships, thirty-five 35

gross ton of cargo, y (35) cents per

b. On conventional ships partially converted for handl-

ing containers, sevent (70) cent

fae y nts per gross ton

BICCRA RA cate ree ee 6 RE hee an

BROS Eli Bite sa Rah Ute Bedok

237

e. On fully containerized vessels, one dollar ($1) per

gross ton of cargo.

38. GANG SIZE FOR HANDLING OF

CONTAINERS

When handling containers nineteen (19) men will be

used. The utilization and placement of the men in the

gang to be at the Employer’s discretion. Crane operators,

and straddle carrier operators, whether hired by the

terminal company or by the stevedore, will be counted as

part of the nineteen (19) man gang, effective October 1,

1969.

It is understood that no simultaneous securing or

loading will be performed in a lift-on operation. The

gang is to remain intact at all times.

a. When holdmen are being used to stuff or unstuff

containers on the dock or on deck there will be no

simultaneous loading or discharging in the hatch

by the gang.

4. It is understood and agreed that when containers

are stuffed (loaded) or unstuffed (unloaded) in any

port by ILA longshoremen at longshoremen’s rates the

payment of royalties shown in Section 2, Paragraphs (a),

(b), and (ec) will not apply.

5. When the fifth wheel is required to move a con-

tainer and/or chassis from the vessel to place of rest or

from place of rest to the vessel within the terminal area,

a member of the nineteen (19) man longshore gang will

be used in accordance with Paragraph 8, effective October

1, 1969.

I. CONTAINERIZATION

Containers owned or leased by Employer-signatory

members (including containers on wheels) containing

LTL loads or consolidated full-container loads, which are

destined for or come from, any person (including a con-

solidator who stuffs containers of outbound cargo or a

distributor who strips containers of inbound cargo and

including a forwarder, who is either a consolidator of

238

outbound cargo or a distributor of inbound cargo) who is

not the beneficial owner of the cargo, and which either

comes from or is destined to any point within a 50-mile

radius from the center of any North Atlantic District

port shall be stuffed and siripped by ILA longshore labor

at longshore rates on a waterfront facility under the

terms and conditions of the General Cargo Agreement.

(Rules on Containers are listed below)

II. RULES ON CONTAINERS

The following provisions are intended to protect and

preserve the work jurisdiction of longshoremen and all

other ILA crafts at deepsea piers or terminals. To assure

compliance with the collective bargaining provisions the

following rules and regulations shall be applied.

A. Definitions and Rule as to Containers Covered

Stuffing—means the act of placing cargo into a

container

Stripping—means the act of removing cargo from

a container

Loading—means the act of placing containers

aboard a vessel

Discharging—means the act of removing con-

tainers from a vessel.

These provisions relate solely to containers meeting

each and all of the following criteria:

1. Containers owned or leased by employer-signatory

member (including containers on wheels) which contain

LTL loads or consolidated full container loads.

2. Such containers which come from or go to any

person (including a consolidator who stuffs containers of

outbound cargo or a distributor who strips containers

of inbound cargo and including a forwarder, who is either

a consolidator of outhound cargo or a distributor of in-

bound cargo) who is not the beneficial owner of the cargo.

3. Such containers which come from or go to any

point within a geographical area of any port in the

}

239

North Atlantic District described by a 50-mile circle

within its radius extending out from the center of each

port. It is understood that the center of Hampton Roads

will be defined as Middle Ground Light.

B. Rule of Stripping and Stuffing Applied to Such

Containers

A container which comes within each and all of the

criteria set forth in “A” above shall be stuffed and

stripped by ILA longshore labor. Such ILA labor shall

be paid and employed at longshore rates under the terms

and conditions of the General Cargo Agreement. Such

stuffing and stripping shall be performed on a water-

front facility, pier or dock. No container of cargo shall

be stuffed or stripped by ILA longshore labor more than

once. Notwithstanding the above provisions, LTL loads

or consolidated container loads of mail, of household

goods with no other type of cargo in the container, and

of personal effects of military personnel shall be exempt

from the rule of stripping and stuffing.

C. Rules on No Avoidance or Evasion

The above rules are intended to be fairly and reason-

ably applied by the parties. To obtain nondiscriminatory

and fair implementation of the above, the following

principles shall apply.

1. Agreement in the Port as-to the geographic area

as provided in “A (3)” is based on present LTL move-

ment patterns in the port. Should any person, firm or

corporation, for the purpose of evading the provisions of

“B” hereof, seek to change such pattern by shifting its

operations to, or commencing new operations at, a point

outside agreed-upon geographic area, then either party

may raise the question whether said point should be

included within the said geographic area, and upon agree-

ment that the purpose of the shift in its operations was

to evade the provisions of “B”, then said point shall be

deemed to be within the said geographic area for purpose

of these rules.

240

2. Containers owned or leased by companies which

are affiliated either directly or through a holding company

with an employer-member shall be deemed to be con-

tainers owned or leased by employer-members. Affiliation

Shall include subsidiaries and/or affiliates which are

effectively controlled by the employer-member, its parent,

or stockholders of either of them.

3. It shall be the obligation of employer-members to

clearly mark each container’s documentation as to

whether or not it is an “A” container which is to be

stuffed and stripped at the waterfront facility (pier or

dock).

4. Each employer-member shall keep records of each

container supplied to a consolidator or other non-owner

of cargo, located within the agreed geographic area, and

such record shall be available to the Committee provided

in (7) below. With respect to all containers received

at or delivered from the vessel, a record of the same shall

be made by ILA Checkers or Clerks.

5. Failure to stuff or strip a container as required

under these rules will be considered a violation of the

contract between the parties. Use of improper, fictitious

or incorrect documentation to evade the provisions of

“B” shall also be considered a violation of the contract.

If for any reason a container is no longer at the water-

front facility at which it should have been stuffed or

stripped under the rules then the steamship carrier found

guilty of intent to cause improper, fictitious, or incorrect

documentation to evade the provisions of “B” above shall

pay to the joint Welfare Fund $150.00 per container

which should have been stuffed or stripped.

6. If any shippers or their agents who have at any

time used, are now using, or in the future use containers

owned or leased by employer-members, hereafter use con-

tainers not owned or leased by employer-members, for the

purpose of evading the provisions of “B” hereof, then

the containers so used shall be considered to be within

vad. in and r.

7. A committee represented equally by management,

and Union shall be formed and shall have the respon-

sibility and power to hear and pass judgment on any

hl OCI tw Be usp

Ee Spikise Rabb scr MK

241

violations of these rules. Any inability to agree shall

be processed as a grievance under the applicable contract

except as limited by “C (8)” hereof.

8. If the purpose of protecting and preserving the

present work jurisdiction of longshoremen and all other

deepsea ILA crafts over any containers loaded with LTL

cargo, or consolidated full container loads as defined

herein is not accomplished by the provisions of these

rules on containers, then either party shall have the right

to renegotiate these provisions or any part thereof by

giving notice to the other party. This provision shall not

be subject to arbitration. Pending renegotiation and

settlement of the given dispute, the employees may de-

cline to work the specific containers involved in the

dispute and such refusal to work shall not be subject

to arbitration. The renegotiation referred to above will

not be subject to arbitration. Interpretation of this pro-

vision shall not be determined by an arbitrator but by a

court of competent jurisdiction.

This Agreement settled and agreed upon this 20th day

of February, 1969.

* * * *

ADDENDUM NO. 1

By mutual agreement, Section 53 (II) (c) (5) of the

Hampton Roads Longshoremen’s Agreement, October 1,

1968, to September 30, 1971, inclusive, entitled “Rules

and Conditions Covering Handling of Containers in

Hampton Roads to Become Effective February 22, 1969,

Except as Otherwise Noted”, is hereby amended and

changed as follows:

5. “Failure to stuff or strip a container as required

under these Rules will be considered a violation of the

contract between the parties. Use of improper, fictitious

or incorrect documentation to evade the provisions of

Rule II shall also be considered a violation of the

contract. If for any reason a container is no longer at

the waterfront facility at which it should have been

stuffed or stripped under the Rules, then the steamship

carrier shall pay to the Joint Container Royalty Fund

242

liquidated damages of $1,000.00 per container which

should have been stuffed or stripped.”

Each and every other provision of the “Rules on Con-

tainers”, except as amended by the paragraph above, shall

remain in full force and effect.

This amendment settled and agreed upon this 10th day

of July, 1970.

WITNESS THE FOLLOWING SIGNATURES:

For Employer-Members of HRMA

(s) Larry E. Pentecost

Larry E. Pentecost, Chairman of

Employers’ Negotiating Committee

For the Employee-Members of ILA

(s) David D. Alston

David D. Alston, International Vice President

International Longshoremen’s Association

(AFL-CIO)

RM I iy. Pe pla Malls Noa «a Ey on Ne “>t

A Nine ti &

AED REA 09 be AES TE Re i IAB in NT OPN ar ee -

Sateen 2 ~~

ere oe oo ee care eee ee

243

GENERAL COUNSEL’S EXHIBIT No. 3

HAMPTON ROADS

LONGSHOREMEN’S

AGREEMENT

CLERKS’, CHECKERS’ AND

WEIGHERS’ AGREEMENT

TIMEKEEPERS’ AND INTERCHANGE

WRITERS’ AGREEMENT

CONTAINER MAINTENANCE

AND REPAIR AGREEMENT

MISCELLANEOUS WORKERS’

AGREEMENT

FREIGHT HANDLERS’

AGREEMENT

TERMINAL CHECKERS’

AGREEMENT

Nov. 14, 1971 — Sept. 30, 1974

[Union Label]

Hampton Roads Shipping Association

127-129 Bank Street

Norfolk, Virginia 23510

* * * a

244

SECTION I

SCOPE OF WORK OF ILA

The ILA shall have, insofar as it is compatible with

the laws of the United States of America and the State

of Virginia, all work of rigging and unrigging of cargo

and passenger vessels and the loading and discharging

of their cargoes, including all carpentry and lashing re-

quired in securing cargo while vessel is alongside pier,

except vessels loading at coal piers, including mail, bag-

gage and dunnage used in connection with the cargo

being handled, under the following terms and conditions:

a. It is understood that this agreement does not ap-

ply to ships loading and/or discharging bulk liquids at

oil installations, which work the employers have no legal

or contractual right to give to the ILA during the term

of this agreement.

For the purpose of preservation of the work bargained

for in this contract between the HRSA and the ILA,

the HRSA agrees that none of the above work given

to the ILA and covered by this contract, which work the

HRSA has the legal and contractual right to give to the

ILA, can be subcontracted out by members of HRSA, or

given to any union except the ILA and its affiliated Lo-

cals, or to any persons except ILA members, unless ILA

men are unavailable, in which event the HRSA mem-

ber may employ such men as are available.

SECTION 2

CONTRACT TERM

The contract term shall be from November 14, 1971

through September 30, 1974.

SECTION 3

SCOPE OF AGREEMENT

The parties agree that a master contract is to be

applicable to all ports between Searsport, Maine, and

245

Hampton Roads, Virginia, in which the Union is recog-

nized as the collective bargaining representative of em-

ployees, covering wages, hours, the amount of contribu-

tions for welfare and pension benefits and the term of

the agreements, but not the benefits to be. provided by

different pension and welfare plans, container and LASH.

It is recognized that the Employer Associations and the

ILA Locals operating in each of the different ports (to-

gether with the ILA in those ports where both ILA

Locals and the ILA customarily have been parties to the

collective agreements) have the exclusive power to nego-

tiate contracts fully and completely on local conditions

and other terms except for wages, hours, pension con-

tributions and welfare contributions, and term of the

agreements, container and LASH.

SECTION 51

RULES AND CONDITIONS

COVERING HANDLING OF CONTAINERS

IN HAMPTON ROADS

1. SIZE OF GANGS FOR STUFFING AND/OR

STRIPPING OF CONTAINERS

When stuffing or stripping containers at pierside or

in the terminal area, a header and three (3) men will

be used. Additional men are to be employed at the Em-

ployer’s discretion; however, it is understood that when

stuffing or stripping is carried out by hand not less

than two (2) men per container will be used. ,

2. On loaded containers which are stuffed or unstuffed

by other than ILA longshore labor, the amounts set forth

below shall be paid inte an ILA Royalty Fund, for such

distribution and administration as may be determined

by its Trustees.

a. On conventional ships, thirty-five (35) cents per

gross ton of cargo.

b. On conventional ships partially converted for han-

dling containers, seventy (70) cents per gross ton of

cargo.

246

ce. On fully containerized vessels, one dollar ($1) per

gross ton of cargo.

d. An equivalent amount of Royalty as set forth above

will be paid to the Trustees of the HRMA-ILA Welfare

and Pension Funds for such disposition <nd specific use as

may be directed by the HRSA-ILA Trustees, as per Mas-

ter Contract.

8. GANG SIZE FOR HANDLING OF CONTAINERS

When handling containers nineteen (19) men will be

used. The utilization and placement of the men in the

gang to be at the Employer’s discretion. Crane operators,

whether hired by the terminal company or by the steve-

dore, will be counted as part of the nineteen (19) man

gang.

The container gang will perform no lashing. When

lashing or unlashing is required, a lashing gang, with

a minimum of a header and six (6) men, will be utilized.

This clause does not apply to barges.

a. When holdmen are being used to stuff or unstuff

containers on the dock or on deck there will be no simul-

taneous loading or discharging in the hatch by the gang.

4. It is understood and agreed that when containers

are stuffed (loaded) or unstuffed (unloaded) in any

port by ILA longshoremen at longshoremen’s rates the

payment of royalties shown in Section 2, Paragraphs (a),

(b), and (c) will not apply. This clause is also applicable

to the additional Container Royalty to be paid over to

the Trustes of the HRMA-ILA Pension and Welfare

Funds.

5. When a fifth wheel is required to move a container |

and/or chassis from the vessel to place of rest or from

place of rest to the vessel within the terminal area, a

member of the nineteen (19) man longshore ‘gang will

be used in accordance with Paragraph 3.

6. CONTAINERIZATION

RULES ON CONTAINERS

The following provisions are intended to protect and

preserve the work jurisdiction of longshoremen and all

247

other ILA crafts at deepsea piers or terminals. To assure

compliance with the collective bargaining provisions, the

following rules and regulations shall be applied:

Rule 1. Definitions and Rule as to Containers Covered

Stuffing—means the act of placing cargo in a container.

Stripping—means the act of removing cargo from a

container.

Loading—means the act of placing containers aboard a

vessel.

Discharging—means the act of removing containers

from a vessel.

These provisions relate solely to containers meeting

each and all of the following criteria:

(a) Containers owned or leased by employer-members

(including containers on wheels) which contain LTL

loads or consolidated full container loads.

(b) Such containers which come from or go to any

person (including but not limited to a consolidator who

stuffs containers of outbound cargo or a distributor who

strips containers of inbound cargo and including a for-

warder, who is either a consolidator of outbound cargo

or a distributor of inbound cargo) who is not the bene-

ficial owner of the cargo.

(ce) Such containers which come from or go to any

point within a geographical area of any port in the

North Atlantic District described by a 50-mile circle

with its radius extending out from the center of each

port.

Rule 2. Rule of Stripping and Stuffing Applied to Such

Containers

A container which comes within each and all of the

criteria set forth in Rule 1 above shall be stuffed and

stripped by ILA longshore labor. Such ILA labor shall

be paid and employed at longshore rates under the terms

and conditions of the General Cargo Agreement. Such

stuffing and stripping shall be performed on a waterfront

facility, pier or dock. No container of cargo shall be

stuffed or stripped by ILA longshore labor more than

once. Notwithstanding the above provisions, LTL loads

248

or consolidated container loads of mail, of household

goods with no other type of cargo in the container, and

of personal effects of military personnel shall be exempt

from the rule of stripping and stuffing.

Rule 3. Rules on No Avoidance or Evasion

The above rules are intended to be fairly and rea-

sonably applied by the parties. To obtain nondiscrimina-

tory and fair implementation of the above, the following

principles shall apply:

(a) Agreement in the Port as to the geographic area

as provided in Rule 1 (c) is based on present LTL move-

ment patterns in the port. Should any person, firm or

corporation, for the purpose of evading the provisions of

Rule 2 hereof, seek to change such pattern by shifting

its operations to, or commencing new operations at, a

point outside said agreed-upon geographic area, then

either party may raise the question whether said point

should be included within the said geographic area, and

upon agreement that the purpose of the shift in its opera-

tions was to evade the provisions of Rule 2, then said

point shall be deemed to be within the said geographic

area for the purpose of these rules.

(b) Containers owned or leased by companies which

are affiliated either directly or through a holding com-

pany with an employer-member shall be deemed to be con-

tainers owned or leased by employer-members. Affiliation

shall include subsidiaries and/or affiliates which are ef-

fectively controlled by the employer-member, its parent,

or stockholders of either of them.

to clearly mark each container’s documentation as to

whether or not it is a Rule 1 container which is to be

stuffed and stripped at the waterfront facility ( pier or

dock). If a container is not clearly marked it shall be

deemed a Rule 1 container, and it shall be stuffed or

stripped.

(d) Each employer-member shall keep records of each

container supplied to a consolidator or other non-owner

of cargo, located within the agreed geographic area, and

such record shall be available to the Committee provided

in (g) below. With respect to all containers received at

249

or delivered from the waterfront facility (pier or dock),

a record of the same shall be made by ILA Checkers or

Clerks. :

(e) Failure to stuff or strip a container as required

under these rules will be considered a violation of the

contract between the parties. Use of improper, fictitious

or incorrect documentation to evade the provisions of

Rule 2 shall also be considered a violation of the contract.

If for any reason a container is no longer at the water-

front facility at which it should have been stuffed or

stripped under the rules, then the steamship carrier shall

pay, to the joint Container Royalty Fund, liquidated

damages of $1,000 per container which should have been

stuffed or stripped. Such damages shall be used for the

same purposes as the first Container Royalty is used in

each port. If any carrier does not pay liquidated dam-

ages within 30 days after exhausting its right to appeal

the imposition of liquidated damages to the Committee

provided in (g) below, the ILA shall have the right to

stop working such carrier’s containers until such dam-

ages are paid.

(f) A committee represented equally by management

and Union shall be formed and shall have the respon-

sibility and power to hear and pass judgment on any

violations of these rules. Any inability to agree shall be

processed as a grievance under the applicable contract

except as limited by “C (8)” hereof.

(g) If the purpose of protecting and preserving the

present work jurisdiction of longshoremen and all other

deepsea ILA crafts over any containers loaded with LTL

cargo, or consolidated full container loads as defined

herein is not accomplished by the provisions of these

rules to renegotiate these provisions or any part thereof

by giving notice to the other party. This provision shall

not be subject to arbitration. Pending renegotiation and

settlement of the given dispute, the employees may decline

to work the specific containers involved in the dispute and

such refusal to work shall not be subject to arbitration.

The renegotiation referred to above will not be subject

to arbitration. Interpretation of this provision shall not

be determined by an arbitrator but by a court of com-

petent jurisdiction.

250

SECTION 52

LASH AGREEMENT

1. All LASH ships shall be loaded and unloaded ex-

clusively by ILA iongshore labor, checked by ILA deep-

sea checkers, maintained by the ILA cooper, carpenter

and maintenance locals at a waterfront facility (meaning

a pier or dock, marshalling area, roadstead or other fa-

cility or location where LASH vessels are normally and

usually loaded and discharged). All lighters shall be

loaded and unloaded by ILA longshore labor. The em-

ployer shall use the gang system in the loading and un-

loading of the lighters.

2. The gang shall consist of the following men when

working:

STEEL AND OTHER HEAVY CARGO

11 longshoremen plus a checker and a foreman

GENERAL CARGO

14 longshoremen plus a checker and a foreman.

3. The gang shall work as a unit, a gang shall work

only one lighter at a time, the gang cannot be broken

up so it can work two or more lighters at one time. The

gang shall move from lighter to lighter as a gang unit.

4. The employer shall employ two gangs consisting

of 18 men each plus any additional machine operators

which are needed in the loading and unloading of the

LASH ship.

5. The agreement covering the LASH system and op-

eartions shall be in effect for a period of 60 days and

from month to month thereafter provided that either

party shall have the right to cancel the agreement at any

time after said 60 days period on 10 days written notice,

and pending the consummation of a new agreement, the

employees may decline to work any LASH lighters and

ships and such negotiation shall not be subject to ar-

bitration.

WITNESS THE FOLLOWING SIGNATURES THIS

38RD DAY OF JULY, 1972:

251

GENERAL COUNSEL’S EXHIBIT No. 4

HAMPTON ROADS

[UNION LABEL]

LONGSHOREMEN’S

AGREEMENT

CLERKS’, CHECKERS’ AND

WEIGHERS’ AGREEMENT

TIMEKEEPERS’ AND INTERCHANGE

WRITERS’ AGREEMENT

CONTAINER MAINTENANCE

AND REPAIR AGREEMENT

GEARMEN AND

MECHANICS AGREEMENT

MISCELLANEOUS WORKERS’

AGREEMENT

Oct. 1, 1974—Sept. 30, 1977

Hampton Roads Shipping Association

127-129 Bank Street

Norfolk, Virginia 23510

* 7 * *

SECTION 1

SCOPE OF WORK OF ILA

The ILA shall have, insofar as it is compatible with

the laws of the United States of America and the State

of Virginia, all work of rigging and unrigging of cargo

and passenger vessels and the loading and discharging of

their cargoes, including all carpentry and lashing re-

quired in securing cargo while vessel is alongside pier,

including vessels loading at coal piers when required by

252

signatory employers, including mail, baggage and dun-

a eo i ceneantion with the cargo being handled,

including all stuffing and stripping, handling and move-

ment of containers at waterfront facilities within a 50-

mile radius from the center of the Port ae" Hampton

Roads excluding movements of containers for repairs

from point of inl and return, which shall be performed

by members of 1970, and the loading and discharging of

lash ships and barges of their cargoes under the following

terms and conditions:

a. It is understood that this agreement does not ap-

ply to ships loading and or discharging bulk liquids at oil

installations, which work the employers have no legal

or contractual right to give to the ILA during the term

f this agreement.

: For the purpose of preservation of the work bargained

for in this contract between the HRSA and the ILA, the

HRSA agrees that none of the above work given to the

ILA and covered by this contract, which work the HRSA

has the legal and contractual rigiit to give to the ILA,

can be subcontracted out by members of HRSA, or given

to any union except the ILA and its affiliated Locals, or

to any persons except ILA members, unless ILA men

are unavailable, in which event the HRSA member may

employ such men as are available.

* id * _

SECTION 51

RULES AND CONDITIONS

COVERING HANDLING OF CONTAINERS

IN HAMPTON ROADS

1. SIZE OF GANGS FOR STUFFING AND/OR

STRIPPING OF CONTAINERS

When stuffing or stripping containers at pierside or in

the terminal area, a header and three (3) men will be

used. Additional men are to be employed at the Em-

ployer’s discretion; however, it is understood that when

stuffing or stripping is carried out by hand not less than

two (2) men per container will be used.

253

2. On loaded containers which are stuffed or unstuffed

by other than ILA longshore labor, the amounts set forth

below shall be paid into an ILA Royalty Fund, for such

distribution and administration as may be determined by

its Trustees.

a. On conventional ships, thirty-five (35) cents per

gross ton of cargo.

b. On conventional ships partially converted for handl-

ing containers, seventy (70) cents per gross ton of cargo.

ce. On fully containerized vessels, one dollar ($1) per

gross ton of cargo.

d. An equivalent amount of Royalty as set forth above

will be paid to the Trustees of the HRMA-ILA Welfare

and Pension Funds for such disposition and specific use

as may be directed by the HRSA-ILA Trustees, as per

Master Contract.

i GANG SIZE FOR HANDLING OF CONTAIN-

When handling containers nineteen (19) men will be

used. The utilization and placement of the men in the

gang to be at the Employer’s discretion. Crane operators,

whether hired by the terminal company or by the steve-

dore, will be counted as part of the nineteen (19) man

gang.

The container gang will perform no lashing. When

lashing or unlashing is required, a lashing gang, with

a minimum of a header and six (6) men, will be utilized.

This clause does not apply to barges.

a. When holdmen are being used to stuff or unstuff

containers on the dock or on deck there will be no simul-

taneous loading or discharging in the hatch by the gang.

4. It is understood and agreed that when containers

are stuffed (loaded) or unstuffed (unloaded) in any port

by ILA longshoremen at longshoremen’s rates the pay-

ment of royalties shown in Section 2, Paragraphs (a),

(b), and (¢) will not apply. This clause is also applicable

to the additional Container Royalty to be paid over to

the Trustees of the HRMA-ILA Pension and Welfare

Funds.

254

5. When a fifth wheel is required to move a container

and/or chassis from the vessel to place of rest or from

place of rest to the vessel within the terminal area, a

member of the nineteen (19) man longshore gang will

be used in accordance with Paragraph 3.

SECTION 52

CONASA-ILA RULES ON CONTAINERS

PREAMBLE

This Agreement made and entered into by and between

the carrier and direct employer members of the CONASA

Port Associations (hereinafter referred to collectively as

“CONASA”) and the International Longshoremen’s Asso-

ciation, AFL-CIO (“ILA”), its Atlantic Coast District

(“ACD”) and its affiliated local unions in each CONASA

port (“locals”) covers all container work at a waterfront

facility which includes but is not limited to the receiving

and delivery of cargo, the loading and discharging of said

cargo into and out of containers, the maintenance of con-

tainers, and the loading and discharging of containers on

and off ships.

CONASA agrees that it will not directly perform work

done on a container waterfront facility (as hereinafter

defined) or contract out such work which historically and

regularly has been & currently is performed by em-

ployees covered by CONASA-ILA Agreements, including

CONASA-ILA craft agreements, unless such work on

such container waterfront facility is performed by em-

ployees covered by CONASA-ILA Agreements.

RULES

The following provisions are intended to protect and

preserve the work jurisdiction of longshoremen and all

other ILA crafts which was performed at deepsea water-

front facilities. These rules do not have any effect on

work which historically was not performed at a water-

front facility by deepsea ILA labor. To assure com-

255

pliance with the collective bargaining provisions, the

following rules and regulations shall be applied uniformly

in all CONASA Ports to all import or export cargo in

containers:

Definitions

(a) Loading a Container—means the act of placing

cargo into a container.

(b) Discharging a Container—means the act of re-

moving cargo from a container.

placing containers aboard a vessel.

(d) Discharging Containers from a vessel—means the

act of removing containers from a vessel.

(e) Waterfront facility—means a pier or dock where

vessels are normally worked including a container com-

pound operated by a carrier or direct employer.

(f) Qualified Shipper—means the manufacturer or

seller having a proprietary financial interest (other than

in the transportation or physical consolidation or decon-

solidation ) in the export cargo being transported and

who is named in the dock/cargo receipt.

(g) Qualified Consignee—Means the purchaser or one

who otherwise has a proprietary financial interest (other

than in the transportation or physical consolidation or

deconsolidation) in the import cargo being transported

and who is named in the delivery order. |

(h) Consolidated Container Load—means a container

load of cargo where such cargo belongs to more than one

Shipper on export cargo or one consignee on import

cargo.

Rule 1—Containers To Be Loaded or Disch -

sea ILA Labor rent ale alto

(a) Cargo in containers referred to below shall be

loaded into or discharged out of containers only at a

waterfront facility by deepsea ILA labor:

(1) Containers owned, leased or used by carriers (in-

cluding containers on wheels and trailers), hereinafter

256

“containers”, which contain consolidated container

loads, which come from or go to any point within a

geographic area of any CONASA port described by a

50-mile circle with its radius extending out from the

center of each port, (hereinafter “geographic area”)

(2) Containers which come from a single shipper

which is not the manufacturer (“manufacturer’s

label”) into which the cargo has been loaded (con-

solidated) by other than its own employees and such

containers come from any point within the “geographic

area,” or

(3) Containers designated for a single consignee from

which the cargo is discharged (deconsolidated) by

other than its own employees within the “geographic

area” and which is not warehoused in accordance with

Rule 2(B).

(b) Such ILA labor shall be paid and employed at

deep-sea longshore rates under the terms and conditions

of the deep-sea ILA labor agreement in each CONASA

port, including the provisions for all fringe benefits and

any and all other benefits receivable by deep-sea ILA

craft workers in each such Port. No cargo shall be loaded

into or discharged out of any container by ILA deep-sea

labor more than once.

(1) and (2) above, shall be received at the waterfront

facility by deep-sea ILA labor and such cargo shall be

loaded into a container at the waterfront facility for

loading aboard ship. .

(d) All import consolidated cargo, described in 1(a

(1) and (3) above, shall be discharged from the con-

tainer and the cargo placed on the waterfront facility

where it will be delivered and picked up by each con-

signee.

(e) No carrier or direct employee shall supply its

containers to any consolidator or de-consolidator. No car-

rier or direct employer shall operate a facility in violation

of the Rules on Containers which specifically require that

257

all Rule 1 Containers be loaded or discharged at a water-

front facility.

Rule 2—Containers Not to be Loaded Disch

ee PS or Discharged by

Cargo in containers referred to below shall not be

loaded or discharged by ILA labor:

A. Export Cargo:

(1) All cargo loaded in containers outside the “geo-

graphic area”.

(2) Containers loaded with cargo at a qualified ship-

per’s facility with its own employees.

(3) Containers loaded with the cargo of a single

manufacturer (manufacturer’s label).

(4) Consolidated container loads of mail, household

effects of a person who is relocating his place of resi-

dence, with no other type of cargo in the container, or

personal effects of military personnel.

B. Import Corgo;

(1) All cargo discharged from containers outside the

“geographic area’’.

(2) Containers discharged at a qualified consignee’s

facility by its own employees.

(3) Consolidated container loads of mail, household

effects of a person who is relocating his place of busi-

ness, with no other type of cargo in the container, or

personal effects of military personnel.

(4) Containers of a qualified consignee discharged

at a bona fide. public warehouse within the “geographic

area” which comply with all of the following conditions.

1. The container cargo is warehoused at a bona

fide public warehouse.

2. The qualified consignee pays the normal labor

charges in and out; and the normal warehouse stor-

age fees for a minimum period of thirty or more

days, and;

258

8. The cargo being warehoused (a) in the normal

course of the business of the qualified consignee;

(b) title to such goods has not been transferred from

the qualified consignee to another.

The carrier on request will furnish all documentation and

other information which permits the Container Commit-

tee in the port to determine whether conditions 1, 2 and

3 have been met. This exception shall not apply where

cargo is warehoused for the purpose of avoidance or eva-

sion of Rule 1. It is limited to containers warehoused as

provided in the above conditions and any warehouse

which does not conform to such conditions shall be deemed

a consolidator or de-consolidator.

Rule 3—Batching

When an employer-member or carrier uses a trucker

to remove or deliver containers in batches, or in sub-

stantial number, from or to a terminal to another place

of rest (outside of its terminal) where containers are

stored pending their delivery to a consignee (or after

being received from a shipper and while waiting the

arrival of a ship), for the purpose of reducing the work

jurisdiction of the ILA or any of its crafts, such use is

deemed to be batching and an evasion of these Rules in

violation of the CONASA-ILA contract.

Rule 4—Headload

Where a single qualified shipper sends an export con-

tainer which contains all of his own cargo to a water-

front facility and such container is not full, the carrier

or direct employer may load this container with addi-

tional cargo at the waterfront facility. On import cargo,

the carrier or direct employer may discharge any such

additional cargo and send the remaining cargo in the

container to the qualified consignee. The loading or dis-

charging of cargo at ILA ports shall be performed at a

waterfront facility by deepsea ILA labor.

259

Rule 5—Overland Movement of Containers from

CONASA Port to Non-CONASA Port

If a carrier moves containers from a CONASA Port

to a non-CONASA Port for the purpose of evading the

Rules on Containers, the carrier is in violation of the

CONASA-ILA Agreement. If the cargo is being moved

to a non-CONASA-ILA Port in the normal course of busi-

ness, and not for the purpose of evasion, then such move-

ment is not a violation.

Rule 6—Importers Advertising Evasion of Rules

The circulation, in writing, by importers, of methods

developed by them to evade the Rules on Containers by

issuing single bills of lading on what are in fact con-

solidated container loads shall be deemed a violation and

all CONASA-ILA Container Committees shall be advised

to stop such evasion at the waterfront facilities.

Rule 7—No Avoidance or Evasion

The above rules are intended to be fairly and reason-

ably applied by the parties. To obtain non-diseriminatory

and fair implementation of the above, the following

principles shall apply:

(a) Geographic Area—Agreement in the Port to

the geographic area as provided in Rule 1 is based

on present consolidated movement patterns in the

port. Should any person, firm or corporation for the

purpose of evading the provisions of the Rules on

Containers, seek to change such pattern by shifting

its operations to, or commencing new operations at,

a point outside said agreed upon geographic area,

then either party may raise the question whether

said point should be included within the said geo-

graphic area, and upon agreement that the purpose

of the shift in its operations was to evade the pro-

visions of the Rules on Containers, then said point

shall be deemed to be within the said geographic area

for the purpose of these rules.

260

(b) Containers Owned, Leased or Used

Containers owned, leased or used by companies which

are affiliated either directly or through a holding

company with a carrier or a direct employer shall

be deemed to be containers owned, leased or used by

a carrier or direct employer. Affiliation shall include

subsidiaries and/or affiliates which are effectively

controlled by the carrier or direct employer, its par-

ent, or stockholders of either of them.

charge a container as required under these rules will

be considered a violation of the contract between the

parties. Use of improper, fictitious or incorrect docu-

mentation to evade the provisions of Rule 1 and Rule

2 shall also be considered a violation of the contract.

If for any reason a container is no longer at the

waterfront tacility at which it should have been

loaded or discharged under the Rules, then the car-

rier or its agent or direct employer shall pay, to the

joint Container Royalty Fund, liquidated damages of

$1,000 per container which should have been loaded

or discharged. If any carrier does not pay liquidated

damages within 30 days after exhausting its right

to appeal the imposition of liquidated damages to the

Committee provided in Rule 9(a) below, the ILA

shall have the right to stop working such carrier’s

containers until such damages are paid.

(d) Any facility operated in violation of the Con-

tainer Rules will not have service supplied to it by

any direct employer and the ILA will not supply

labor to such facility.

Rule 8—Renegotiation and Cancellation—No Arbitration

These Rules shall be in effect for the term of the

CONASA-ILA Agreement, provided, however, that

either party shall have the right to cancel the Rules on

Containers at any time on or after December 1, 1974,

on thirty (30) days written notice of a desire to rene-

gotiate the provisions of these Rules. Negotiations shall

261

be held during such thirty (30) day period and if the

parties are unable to agree by the end of such period,

these Rules shall be deemed cancelled. Thereafter, the

ILA shall have the right to refuse to handle containers

and CONASA shall have the right to refuse to hire em-

ployees under the said Rules. The negotiations referred

to above shall, under no condition, be subject to the

grievance or arbitration provisions of any CONASA-ILA

Agreement.

Rule 9—Enforcement of the Rules on Containers

To assure effective, fair and non-discriminatory en-

forcement of the above Rules, the following regulations

shall apply:

(a) A Committee in each CONASA port represented

equally by management and union shall be formed and

shall have the responsibility and power to hear and

pass judgment on any violations of these Rules. Any

inability to agree shall be processed as a grievance -

under the applicable contract except as limited by Rule

8 hereof. A joint committee, known as the CONASA-

ILA Container Committee, represented equally by man-

agement and labor and made up of representatives (to

be mutually agreed upon) from each CONASA Port,

namely, Boston, Rhode Island, New York, Philadelphia,

Baltimore and Hampton Roads shall meet at least

quarterly each year for the purpose of insuring uni-

formity in the interpretation of these Rules.

(b) A Committee of carriers, together with CONASA-

ILA Container Committee will develop uniform docu-

mentation which shall be required to be prepared and

maintained by all carriers in order to readily identify

all Rule 1 containers which are subject to loading or

discharging by deepsea ILA labor. It shall be the obli-

gation of employer-members to clearly mark each con-

tainer’s documentation as to whether or not it is a Rule

1 container, which shall be loaded or discharged. If

a container’s documentation is not clearly marked, it

shall be deemed a Rule 1 container and it shall be

262

loaded or discharged by deepsea ILA labor at the

waterfront facility. With respect to all containers re-

ceived at or delivered from the waterfront facility, a

record of the same shall be made by ILA Checkers or

Clerks. All carriers will distribute to all other carriers.

any and all information and devices which are being

used by any person to circumvent the Rules on Con-

tainers. Any carrier whose attention is brought to a

violation of the Rules shall immediately cease such vio-

lation and report the matter to the appropriate

CONASA-ILA Container Committee and to the policing

agency provided in (e) below in its port.

50-miles of a CONASA Port shall be delivered only on

a delivery order. Every export container coming from

a point within 50-miles of a CONASA Port shall be re-

ceived only on a dock/cargo receipt. Such delivery

orders and dock/cargo receipts shall certify the place

of delivery and origin of the container, the name or

names of the person to whom the cargo is being de-

livered and from which it is shipped, the identity of

the owner of the cargo, weight of the cargo, identity of

the cargo and the origin and final destination of the

container. Copies of such delivery orders and dock/

cargo receipts shall be available to the local port Con-

tainer Committee and the policing agency provided for

in (e) below.

(d) The Container Committee in each CONASA Port

shall promulgate to all carriers and direct employers,

and to the Container Committees in each CONASA

Port, any and all interpretations of the Rules on Con-

tainers as and when they are made. This will include

uniform interpretations as and when they are issued.

The CONASA-ILA Container Committee shall also

promulgate uniform interpretations to local port Con-

tainer Committees, as and when they are issued.

(e) Policing Agency-Each CONASA Port shall estab-

lish a method of policing and enforcing these Rules on

a uniform and non-discriminatory basis. No such

263

method shall be implemented until presented to and ap-

proved by the joint CONASA-ILA Container Com-

mittee.

Rule 10—Container Royalty Payments

The two Container Royalty payments required by the

CONASA-ILA collective bargaining agreements shall be

payable only once in the Continental United States. They

shall be paid in that ILA Port where the container is

first handled by ILA longshore labor at longshore rates.

The second container royalty payment (provided by para-

graph 6 of the 1971-1974 CONASA-ILA Memorandum

of Agreements) shall be continued and shall be used for

fringe benefit purposes only, other than supplemental cash

benefits, which purposes are to be determined locally on

a port by port basis. Containers originating at a foreign

port which are transshipped at a United States port for

ultimate destination to another foreign port (“foreign

sea-to-foreign-sea containers”) are exempt from the pay-

ment of container royalties.

* * * _

264

GENERAL COUNSEL’S EXHIBIT No. 10

CONASA-ILA CONTAINER COMMITTEE

80 Broad Street

New York, N.Y. 10004

(212) 943-2765

INTERPRETIVE BULLETIN NO. 1

In accordance with the resolution made at the January

29, 1973, meeting of the CONASA-ILA Container Com-

mittee, directing that all interpretations be issued by the

CONASA-ILA Container Committee office and promul-

gated to all local Port Container Committees as well as

all other interested parties, Interpretive Bulletins will be

issued periodically by the CONASA-ILA Container Com-

mittee for the information of all interested parties.

This document is the first such Interpretive Bulletin

and sets forth the determinations reached by the

CONASA-ILA Container Committee at. its meetings of

September 11-13, 1972, and at its meetings of January

25-29, 1973.

No persons or representative is authorized to issue any

interpretations other than the Port Container Commit-

tees in each CONASA port subject to review by the full

CONASA-ILA Container Committee in cases of conflict.

The CONASA-ILA Container Committee will issue fur-

ther clarifications and interpretations only at the re-

quest of members of one of the CONASA Port Associa-

tions or an official of an ILA Local Union. Interpreta-

tions and clarifications will not be issued to any party

not covered by the various Collective Bargaining Agree-

ments. Requests, in writing, for clarifications and in-

terpretations should be addressed to the CONASA-ILA

Container Committee at the above address.

The CONASA-ILA Container Committee has issued the

following interpretations and definitions as of the date of

this Bulletin:

, eee Pe

265

INTERPRETATION 1.1

Containers Covered

The rules on containers relate solely to containers meet-

ing either of the following criteria:

(a) Containers owned or leased by carriers (including

containers on wheels) which contain LTL loads or

consolidated full container loads, which come from

or go to any point within a geographical area of

any port in the North Atlantic District described

by a 50-mile circle with its radius exterding out

from the center of each port.

(b) Containers which come from or go to any person

(including a consolidator who stuffs containers of

outbound cargo or a distributor who strips con-

tainers of inbound cargo and including a for-

warder, who is either a consolidator of outbound

cargo or a distributor of inbound cargo) who is

not a beneficial owner of the cargo and such con-

tainers come from or go to any point within a geo-

graphical area of any port in the North Atlantic

District described by a 50-mile circle with its

radius extending out from the center of each port.

INTERPRETATION 1.2

Batching

When an employer member or carrier uses a trucker

to remove or deliver containers in batches, or in substan-

tial number, from or to a terminal to another place of

rest (outside of its terminal) where containers are stored

pending their delivery to consignee (or after being re-

ceived from a shipper and while awaiting the arrival of

a ship), for the purpose of reducing the work jurisdiction

of the ILA or any of its crafts (and when adequate phy-

sical space exists on the facility for storage of such con-

tainers), such use is deemed to be batching and is a viola-

tion of the CONASA-ILA contract.

266

INTERPRETATION 1.3

Warehousing

A beneficial owner does not violate the Rules on Con-

tainers when he warehouses his goods in bona fide public

warehouse under the following conditions:

1. The container cargo is warehoused at a bona fide

public warehouse. .

2. The beneficial owner pays the normal labor

charges in and out; and the normal warehouse

storage fees for a minimum period of thirty or

more days; and

8. The cargo is being warehoused (a) in the normal

course of the business of the beneficial owner;

(b) title to such goods has not been transferred

from the beneficial owner to another; and (c) it

is contemplated that such transfer of title will

not take place for at least 30 days after the ware-

housing of the cargo. This exception shall not

apply where cargo is warehoused for the pur-

pose of avoidance or evasion of Rule 1.

4. The beneficial owner furnishes all documenta-

tion and other information which permits the

Container Committee in the port to determine

whether conditions 1, 2 and 3 have been met.

5. This definition is limited to containers ware-

housed as provided in the above conditions and

any warehouse which does not conform to such

conditions shall be deemed a distribution station

and treated accordingly.

INTERPRETATION 1.4

Beneficial Owner

The beneficial owner is the ultimate owner entitled to

the beneficial use, enjoyment and title of the property.

The term ultimate owner refers to one using the cargo

in the normal course of his business but it does not in-

it asc Wi ee ee i

267

clude a broker, distributor, consolidator, trucker, for-

warder, warehouseman or the ultimate consumer.

INTERPRETATION 1.5

Headload

Where a single beneficial owner sends a container

(either export or import) which contains all of his own

cargo to a carrier’s pier and such container is not full,

the carrier may chock this container with additional

cargo and at arrival at another port the carrier may

strip the additional cargo and send the remaining cargo

to the beneficial owner. The chocking or stripping at

ILA ports shall be performed at a pier by deepsea ILA

labor.

INTERPRETATION 1.6

Enforcement of Rules on Containers

The following standards are hereby promulgated to

assure fair and non-discriminatory enforcement of the

CONASA-ILA Rules on Containers.

1. (a) All outbound (export) consolidated or LTL

container loads (Rule 1 containers) shall be

stripped from the container at the pier by deep-

sea ILA labor and cargo shall be stuffed into a

different container for loading aboard ship.

1. (b) All inbound (import) consolidated or LTL

cargo (Rule 1 containers) for distribution shall

be stripped from the container and the cargo

placed on the pier where it will be delivered and

picked up by each consignee.

2. No carrier or direct employer shall supply its

containers to any facilities operated in violation

of the Rules on Containers including but not

limited to a consolidator who stuffs containers of

outbound cargo or a distributor who strips con-

tainers of inbound cargo and including a for-

warder who is either a consolidator or a distribu-

tor. No carrier or direct employer shall operate a

268

facility in violation of the Rule on Containers

which specifically require that all containers be

stuffed or stripped at a waterfront facility (pier

or dock) where vessels normally dock.

A list shall be maintained of consolidation and dis-

tribution stations which are operated in violation of

the Rules for the information of all carriers and

direct employers. Any container consolidated at or

distributed from such facilities shall be deemed a

violation and subject to the rules on stuffing and

stripping.

8. A committee of carriers, together with CONASA-

ILA Container Committee will develop uniform

documentation which shall be required to be pre-

pared and maintained by all carriers in order to

readily identify all Rule 1 containers which are

subject to stuffing or stripping by deepsea ILA

labor.

4. All carriers will distribute to all other carriers

any and all information and devices which are

being used by any person to circumvent the Rules

on Containers. Any carrier whose attention is

brought to a violation of the Rules shall im-

mediately cease such violation and report the mat-

ter to the appropriate CONASA-ILA Container

Committee in its port.

5. The Container Committee in each CONASA port

shall promulgate to all carriers and direct em-

ployers, and to the Container Committees in each

CONASA port, any and all interpretations of the

Rules on Containers as and when they are made.

This will include uniform interpretations as and

when they are issued by the CONASA-ILA Con-

tainer Committee.

6. Any facility operated in violation of the Con-

tainer Rules will not have service supplied to it

by any direct employer and the ILA will not

supply labor to such facility.

269

INTERPRETATION 1.7

Overland Movement of Containers from CONASA Port

to Non-CONASA Port

If a steamship line moves containers from a CONASA

port to a non-CONASA port for the purpose of evading

the rules on containers, the line is in violation of the

CONASA-ILA Agreement. If the cargo is being moved

to the non-ILA port to meet the requirements of local

market conditions, and not for the purpose of evasion,

then such movement is not within the rules.

INTERPRETATION 1.8

Importers Advertising Evasion of Rules

The ILA brought to the attention of CONASA that

certain importers were circulating, in writing, methods

developed by them to evade the rules on containers by

issuing single bills of lading on what are in fact con-

solidated container loads of many beneficial owners.

CONASA and ILA agreed that such evasion would be

stopped wherever it was found.

270

GENERAL COUNSEL’S EXHIBIT No. 11

AGREEMENTS

NEGOTIATED BY THE

Steamship Trade Association

of Baltimore, Inc.

For Its Members

with the

International

Longshoreimen’s

Association

AFL-CIO

for the

Port of Baltimore

Effective October 1, 1968

through September 30, 1971

[Union Label]

271

CONTENTS

Provisions Applicable To All Locals

oe to Memorandum of Agreement, signed November

Checkers and Tallymen’s Agreement, Local 953 Timekeepers

Agreement, signed April 22,1966...

~~ Cattle Fitters and Carpenters Agreement, Local

272

THE FOLLOWING PROVISIONS ARE

o APPLICABLE TO ALL LOCALS

CONTAINERIZATION

Containers owned or leased by employer-members (in-

cluding containers on wheels) containing LTL loads or

consolidated full-container loads, which are destined for

or come from, any person (including a consolidator who

stuffs containers of outbound cargo or a distributor who

strips containers of inbound cargo and including a for-

warder, who is either a consolidator of outbound cargo

or a distributor of inbound cargo) who is not the bene-

ficial owner of the cargo, and which either comes from or

is destined to any point within a 50 mile radius from

the center foany North Atlantic District port shall be

stuffed and stripped by ILA labor at longshore rates on

a waterfront facility under the terms and conditions of

the General Cargo Agreement.

RULES ON CONTAINERS

The following provisions are intended to protect and

preserve the work jurisdiction of longshoremen and all

other ILA crafts at deepsea piers or terminals. To assure

compliance with the collective bargaining provisions the

following rules and regulations shall be applied:

Rule 1. Definitions and Rule as to Containers Covered.

Stuffing—means the act of placing cargo into a

container.

Stripping—means the act of removing cargo

from a container.

Loading—means the act of placing containers

aboard a vessel.

Discharging—means the act of removing con-

tainers from a vessel.

These provisions relate solely to containers meeting

each and all of the following criteria:

—« | Mietisn®. ae es

273

(a) Containers owned or leased by employer-members

(including containers on wheels) which contain

LTL loads or consolidated full container loads.

(b) Such containers which come from or go to any per-

son (including a consolidator who stuffs containers

of outbound cargo or a distributor who strips con-

tainers of inbound cargo and including a for-

warder, who is either a consolidator of outbound

cargo or a distributor of inbound cargo) who is

not the beneficial owner of the cargo.

point within a geographical area of any port in

the North Atlantic District described by a 50 mile

circle with its radius extending out from the cen-

ter of each port.

Rule 2. Rule of Stripping and Stuffing Applied to Such

Containers

A container which comes within each and all of

the criteria set forth in Rule 1 above shall be stuffed

and stripped by ILA longshore labor. Such ILA

labor shall be paid and employed at longshore rates

under the terms and conditions of the General Cargo

Agreement. Such stuffing and stripping shall be per-

formed on a waterfront facility, pier or dock. No

container of cargo shall be stuffed or stripped by

ILA longshore labor more than once. Notwith-

standing the above provisions, LTL loads or con-

solidated container loads of mail, of household goods

with no other type of cargo in the container, and of

personal effects of military personnel shall be exempt

from the rule of stripping and stuffing.

Rule 3. Rules on No Avoidance or Evasion

The above rules are intended to be fairly and

reasonably applied by the parties. To obtain non-

discriminatory and fair implementation of the above,

the following principles shall apply: .

(a)

(b)

(c)

(d)

(e)

274

Agreement in the Port as to the geographic area .

as provided in Rule 1-(c) is based on present

LTL movement patterns in the port. Should any

person, firm or corporation, for the purpose of

evading the provisions of Rule 2 hereof, seek to

change such pattern by shifting its operations

to, or commencing new operations at, a point

outside said agreed-upon geographic area, then

either party may raise the question whether

said point should be included within the said

geographic area, and upon agreement that the

purpose of the shift in its operations was to

evade the provisions of Rule 2, then said point

shall be deemed to be within the said geographic

area for the purpose of these rules.

Containers owned or leased by companies which

are affiliated either directly or through a hold-

ing company with an employer-member shall be

deemed to be containers owned or leased by

employer-members. Affiliation shall include sub-

sidiaries and/or affiliates which are effectively

controlled by the employer-members, its parent,

or stockholders of either of them.

It shall be the obligation of employer-members

to clearly mark each container’s documentation

as to whether or not it is a Rule 1 container

which is to be stuffed and stripped at the water-

front facility (pir or dock).

Each employer-member shall keep records of

each container supplied to a consolidator or

other non-owner of cargo, located within the

agreed geographic area, and such record shall

be available to the Committee provided in (g)

below. With respect to all containers, received

at or delivered from the waterfront facility,

(pier or dock) a record of the same shall be

made by ILA Checkers or Clerks.

Failure to stuff or strip a container as re-

quired under these rules will be considered

(f)

(g)

275

a violation of the contract between the parties.

Use of improper, fictitious or incorrect docu-

ments to evade the provisions of Rule 2 shall

also be considered a violation of the contract. If

for any reason a container is no longer at the

waterfront facility at which it should have been

stuffed or stripped under the rules then the

steamship carrier shall pay to the joint Wel-

fare Fund liquidated damages of $250 per con-

tainer which should have been stuffed or

stripped.

If any shippers or their agents who have at any

time used, are now using, or in the future use

containers owned or leased by employer-mem-

bers, hereafter used containers not owned or

leased by employer-members, for the purpose of

evading the provisions of Rule 2 hereof, then

the containers so used shall be considered to be

within Rule 1 and Rule 2.

A committee represented equally by manage-

ment and union shall be formed and shall have

the responsibility and power to hear and pass

judgment on any violations of these rules. Any

inability to agree shall be processed as a griev-

ance under the applicable contract except as

limited by 3(h) hereof.

(h) If the purpose of protecting and preserving the

present work jurisdiction of longshoremen and

all other deepsea ILA crafts over any containers

loaded with LTL cargo as defined herein is not

accomplished by the provisions of these rules on

_ containers, then either party shall have the right

to renegotiate these provisions or any part

thereof by giving notice to the other party. This

provision shall not be subject to arbitration.

Pending renegotiation and settlement of the

given dispute, the employees may decline to work

any containers involved in the dispute and such

refusal to work shall not be subject to arbitra-

276

tion. The renegotia#6n Yr ed to above will

not be subject to arbitration. Ynterpretation of

this provision shall not be determined by an

arbitrator but by a court of competent juris-

diction.

Container Royalty

The rate of contributions now in effect shall continue.

GUARANTEED ANNUAL INCOME

1. Effective October 1, 1969, and for the remainder of

the term of this Agreement, all employees covered by

this Agreement who are properly registered as provided

in this Agreement, shall be guaranteed an annual income

of 1800 hours per Contract Year October 1, 1969 through

September 30, 1970, and 1800 hours per Contract Year

October 1, 1970 through September 30, 1971, multiplied

by the existing hourly straight time rate applicable dur-

ing each such year subject to the following provisions:

a. Any such employee must have worked at least 700

hours for which contributions have been made to the

STA of Balto.-ILA Welfare Fund, any one of the two

Contract Years October 1, 1966 to September 30, 1967,

and October 1, 1967 to September 30, 1968.

b. In order to cualify for the annual guarantee an

employee must comply with all the requirements of Regis-

tration as provided herein.

ec. Employees who were unable to work in all or part

of the qualifying years by reason of sickness, injury, or

disability, and who receive welfare benefits under the

STA-ILA Welfare Plan, or who receive workmen’s com-

pensation or disability benefits under any Federal or

State Law, whose absence from the industry as unable

to work has been certified under the standards estab-

lished by the Steamship Trade

277

GENERAL COUNSEL’S FXHIBIT No. 18

AGREEMENTS

NEGOTIATED BY THE

Steamship Trade Association

of Baltimore, Inc.

For Its Members

with the

International

Longshoremen’s

Association

AFL-CIO

for the

Port of Baltimore

Effective October 1, 1974

through September 30, 1977

[Union Label]

278

CONASA-ILA RULES

ON CONTAINERS

Preamble

This Agreement made and entered into by and between

the carrier and direct employer members of the CONASA

Port Associations (hereinafter referred to collectively as

“CONASA”) and the International Longshoremen’s As-

sociation, AFL-CIO (“ILA”), its Atlantic Coast District

(“ACD”) and its affiliated local unions in each CONASA

port (“locals”) covers all container work at a waterfront

facility which includes but is not limited to the receiving

and delivery of cargo, the loading and discharging of said

cargo into and out of containers, the maintenance of

containers, and the loading and discharging of containers

on and off ships.

CONASA agrees that it will not directly perform work

done on a container waterfront facility (as hereinafter

defined) or contract out such work which historically

and regularly has been and currently is performed by

employees covered by CONASA-ILA Agreements, includ-

ing CONASA-ILA craft agreements, unless such work on

such container waterfront facility is performed by em-

ployees covered by CONASA-ILA Agreements.

RULES

The following provisions are intended to protect and

preserve the work jurisdiction of longshoremen and all

other ILA crafts which was performed at deepsea water-

front facilities. These rules do not have any effect on

work which historically was not performed at a water-

front facility by deepsea ILA labor. To assure compli-

ance with the collective bargaining provisions, the fol-

lowing rules and regulations shall be applied uniformly

in all CONASA Ports to all import or export cargo in

containers:

Definitions

(a) Loading a Container—means the act of placing

cargo into a container.

279

(b) Discharging a Container—means the act of re-

moving cargo from a container. :

placing containers aboard a vessel.

(d) Discharging Containers from a vessel—means the

act of removing containers from a vessel.

(e) Waterfront facility—means a pier or dock where

vessels are normally worked including a container

compound operated by a carrier or direct employer.

(f) Qualified Shipper—means the manufacturer or

seller having a proprietary financial interest (other

than in the transportation or physical consolida-

tion or deconsolidation) in the export cargo being

transported and who is named in the dock/cargo

receipt.

(g) Qualified Consignee—means the purchaser or one

who otherwise has a proprietary financial interest

(other than in the transportation or physical con-

solidation or deconsolidation) in the import cargo

being transported and who is named in the delivery

order.

(h) Consolidated Container Load—means a container

load of cargo where such cargo belongs to more

than one shipper on export cargo or one consignee

on import cargo.

Rule 1—Containers To Be Loaded or Dicharged by

Deepsea ILA Labor

(a) Cargo in containers referred to below shall be

loaded into or discharged out of containers only at a wa-

terfront facility by deepsea ILA labor:

(1) Containers owned, leased or used by carriers (in-

cluding containers on wheels and trailers) , herein-

after “containers”, which contain consolidated con-

tainer loads, which come from or go to any point

within a geographic area of any CONASA port

described by a 50-mile circle with its radius ex-

tending out from the center of each port (herein-

after “geographic area”), or

280

(2) Containers which come from a single shipper which

is not the manufacturer (“manufacturer’s label”)

into which the cargo has been loaded (consoli-

dated) by other than its own employees and such

containers come from any point within the “geo-

graphic area,” or

(3) Containers designated for a single consignee from

which the cargo is discharged (deconsolidated) by

other than its own employees within the “geo-

graphic area” and which is not warehoused in

accordance with Rule 2(B).

(b) Such ILA labor shall be paid and employed at

deepsea longshore rates under the terms and conditions

of the deepsea ILA labor agreement in each CONASA

port, including the provisions for all fringe benefits and

any and all other benefits receivable by deepsea ILA

craft workers in each such Port. No cargo shall be

loaded into or discharged out of any container by ILA

deepsea labor more than once.

(1) and (2) above, shall be received at the waterfront

facility by deepsea ILA labor and such cargo shall

be loaded into a container at the waterfront facility for

loading aboard ship.

(d) All import consolidated cargo, described in 1(a)

(1) and (38) above, shall be discharged from the con-

tainer and the cargo placed on the waterfront facility

where it will be delivered and picked up by each consignee.

(e) No carrier or direct employer shall supply its

containers to any consolidator or deconsolidator. No

carrier or direct employer shall operate a facility in

violation of the Rules on Containers which specifically

require that all Rule 1 containers be loaded or discharged

at a waterfront facility.

Rule 2—Containers Not To Be Loaded or Dicharged

by ILA Labor

Cargo in containers referred to below shall not be

loaded or discharged by ILA labor.

281

A. Export Cargo:

(1) All cargo loaded in containers outside the “geo-

graphic area”.

(2) Containers loaded with cargo at a qualified ship-

per’s facility with its own employees.

(3) Containers loaded with the cargo of a single manu-

facturer (manufacturer’s label).

(4) Consolidated container loads of mail, household ef-

fects of a person who is relocating his place of

residence, with no other type of cargo in the con-

tainer, or personal effects of military personnel.

B. Import Cargo:

(1) All cargo discharged from containers outside the

“geographic area”.

(2) Containers discharged at a qualified consignee’s

facility by its own employees.

(3) Consolidated container loads of mail, househcld ef-

fects of a person who is relocating his place of

business, with no other type of cargo in the con-

tainer, or personal effects of military personnel.

(4) Containers of a qualified consignee discharged at

a bona fide public warehouse within the “geo-

graphic area” which comply with all of the follow-

ing conditions:

1. The container cargo is warehoused at a bona

fide public warehouse.

2. The qualified consignee pays the normal labor

charges in and out; and the normal warehouse

storage fees for a minimum period of thirty

or more days; and

3. The cargo being warehoused (a) in the normal

course of the business of the qualified con-

signee; (b) title to such goods has not been

oe from the qualified consignee to an-

other.

282

The carrier on request will furnish all documentation

and other information which permits the Container Com-

mittee in the port to determine whether conditions 1, 2

and 3 have been met. This exception shall not apply where

cargo is warehoused for the purpose of avoidance or

evasion of Rule 1. It is limited to containers warehoused

as provided in the above conditions and any warehouse

which does not conform to such conditions shall be deemed

a consolidator or deconsolidator.

Rule 3—Batching

When an employer-member or carrier uses a trucker

to remove or deliver containers in batches, or in sub-

stantial number, from or to a terminal to another place

of rest (outside of its terminal) where containers are

stored pending their delivery to a consignee (or after

being received from a shipper and while waiting the ar-

rival of a ship), for the purpose of reducing the work

jurisdiction of the ILA or any of its crafts, such use is

deemed to be batching and an evasion ot these Rules in

violation of the CONASA-ILA contract.

Rule 4—Headload

Where a single qualified shipper sends an export con-

tainer which contains all of his own cargo to a water-

front facility and such container is not full, the carrier

or direct employer may load this container with addi-

tional cargo at the waterfront facility. On import cargo,

the carrier or direct employer may discharge any such

additional cargo and send the remaining cargo in the

container to the qualified consignee. The loading or dis-

charging of cargo at ILA ports shall be performed at

a waterfront facility by deepsea ILA labor.

Rule 5—Overland Movement of Containers from

CONASA Port to Non-CONASA Port

If a carrier moves containers from a CONASA Port

to a non-CONASA Port for the purpose of evading the

Rules on Containers, the carrier is in violation of the

CONASA-ILA Agreement. If the cargo is being moved

nae Snr Sa

283

to a non-CONASA-ILA Port in the normal course of

business, and not for the purpose of evasion, then such

movement is not a violation.

Rule 6—Importers Advertising Evasion of Rules

The circulation, in writing, by importers, of methods

developed by them to evade the Rules on Containers by

issuing single bills of lading on what are in fact con-

solidated container loads shall be deemed a violation and

all CONASA-ILA Container Committees shall be advised

to stop such evasion at the waterfront facilities.

Rule 7—No Avoidance or Evasion

The above rules are intended to be fairly and reason-

ably applied by the parties. To obtain nondiscriminatory

and fair implementation of the above, the following prin-

ciples shall apply:

(a) Geographic Area—Agreement in the Port to the

geographic area as provided in Rule 1 is based on present

consolidated movement patterns in the port. Should any

person, firm or corporation for the purpose of evading

the provisions of the Rules on Containers, seek to change

such pattern by shifting its operations to, or commencing

new opeartions at, a point outside said agreed upon geo-

graphic area, then either party may raise the question

whether said point should be included within the said

geographic area, and upon agreement that the purpose

of the shift in its operations was to evade the provisions

of the Rules on Containers, then said point shall be

deemed to be within the said geographic area for the

purpose of these rules.

(b) Containers Owned, Leased or Used—Containers

owned, leased or used by companies which are affiliated

either directly or through a holding company with a

carrier or a direct employer shall be deemed to be con-

tainers owned, leased or used by a carrier or direct em-

ployer. Affiliation shall include subsidiaries and/or affili-

ates which are effectively controlled by the carrier or

pang employer, its parent, or stockholders of either of

em.

284

a container as required under these rules will be consid-

ered a violation of the contract between the parties. Use

of improper, fictitious or incorrect documentation to evade

the provisions of Rule 1 and Rule 2 shall also be con-

sidered a violation of the contract. If for any reason a

container is no longer at the waterfront facility at which

it should have been loaded or discharged under the Rules,

then the carrier or its agent or direct employer shall pay,

to the joint Container Royalty Fund, liquidated damages

of $1,000 per container which should have been loaded

or discharged. If any carrier does not pay liquidated

damages within 30 days after exhausting its right to ap-

peal the imposition of liquidated damages to the Commit-

tee provided in Rule 9(a) below, the ILA shall have the

right to stop working such carrier’s containers until such

damages are paid. ;

(d) Any facility operated in violation of the Container

Rules will not have service supplied to it by any direct

employer and the ILA will not supply labor to such

facility.

Rule 8—Renegotiation and Cancellation—No Arbitration

These Rules shall be in effect for the term of the

CONASA-ILA Agreement, provided, however, that either

party shall have the right to cancel the Rules on Con-

tainers at any time on or after December 1, 1974, on

thirty (30) days written notice of a desire to renegotiate

the provisions of these Rules. Negotiations shall be held

during such thirty (30) day period and if the parties

are unable to agree by the end of such period, these Rules

shall be deemed cancelled. Thereafter, the ILA shall

have the right to refuse to handle containers and

CONASA shall have the right to refuse to hire employees

under the said Rules. The negotiations referred to above

shall, under no condition, be subject to the grievance or

arbitration provisions of any CONASA-ILA Agreement.

Rule 9—Enforcement of the Rules on Containers

To assure effective, fair and non-discriminatory en-

forcement of the above Rules, the following regulations

shall apply:

285

(a) A Committee in each CONASA port represented

equally by management and union shall be formed and

shall have the responsibility and power to hear and pass

judgment on any violations of these Rules. Any inability

to agree shall be processed as a grievance under the ap-

plicable contract except as limited by Rule 8 hereof. A

joint committee, known as the CONASA-ILA Container

Committee, represented equally by management and labor

and made up of representatives (to be mutually agreed

upon) from each CONASA Port, namely, Boston, Rhode

Island, New York, Philadelphia, Baltimore and Hampton

Roads, shall meet at least quarterly each year for the

purpose of insuring uniformity in the interpretation of

these Rules.

(b) A Committee of carriers, together with CONASA-

ILA Container Committee will develop uniform documen-

tation which shall be required to be prepared and main-

tained by all carriers in order to readily identify all

Rule 1 containers which are subject to loading or dis-

charging by deepsea ILA labor. It shall be the obliga-

tion of employer-members to clearly mark each contain-

er’s documentation as to whether or not it is a Rule 1

container, which shall be loaded or discharged. If a con-

tainer’s documentation is not clearly marked, it shall be

deemed a Rule 1 container and it shall be loaded or dis-

charged by deepsea ILA labor at the waterfront facility.

With respect to all containers received at or delivered

from the waterfront facility, a record of the same shall

be made by ILA Checkers or Clerks. All carriers will

distribute to all other carriers any and all information

and devices which are being used by any person to cir-

cumvent the Rules on Containers. Any carrier whose at-

tention is brought to a violation of the Rules shall im-

mediately cease such violation and report the matter to

the appropriate CONASA-ILA Container Committee and

to the policing agency provided in (e) below in its port.

50-miles of a CONASA Port shall be delivered only on

a delivery order. Every export container coming from a

point within 50-miles of a CONASA Port shall be re-

ceived only on a dock/eargo receipt. Such delivery orders

286

and dock/cargo receipts shall certify the place of delivery

and origin of the container, the name or names of the

person to whom the cargo is being delivered and from

which it is shipped, the identity of the owner of the

cargo, weight of the cargo, identity of the cargo and

the origin and final destination of the container. Copies

of such delivery orders and dock/cargo receipts shall be

available to the local port Container Committee and the

policing agency provided for in (e) below.

(d) The Container Committee in each CONASA Port

shall promulgate to all carriers and direct employers,

and to the Container Committes in each CONASA Port,

any and all interpretations of the Rules on Containers

as and when they are made. This will include uniform

interpretations as and when they are issued. The

CONASA-ILA Container Committee shall also promul-

gate uniform interpretations to local port Container Com-

mittees, as and when they are issued.

(e) Policing Agency—Each CONASA Port shall es-

tablish a method of policing and enforcing these Rules

on a uniform and non-discriminatory basis. No such

method shall be implemented until presented to and ap-

proved by the joint CONASA-ILA Container Committee.

Rule 10—Container Royalty Payments

The two Container Royalty payments required by the

CONASA-ILA collective bargaining agreements shall be

payable only once in the Continental United States. They

shall be paid in that ILA Port where the container is

first handled by ILA longshore labor at longshore rates.

The second container royalty payment (provided by para-

graph 6 of the 1971-1974 CONASA-ILA Memorandum

of Agreement) shall be continued and shall be used for

fringe benefit purposes only, other than supplemental cash

benefits, which purposes are to be determined locally on

a port by port basis. Containers originating at a foreign

port which are transshipped at a United States port for

ultimate destination to another foreign port (“foreign-

sea-to-foreign-sea containers”) are exempt from the pay-

ment of container royalties.

287

GENERAL COUNSEL’ s -EXHIBIT No. 14

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289

GENERAL COUNSEL’sS EXHIBIT No. 15

UNITED STATES LINES, INC.

EQUIPMENT INTERCHANGE AGREEMENT

THIS AGREEMENT made this 18, day of March, 1970

between UNITED STATES LINES, INC., a Delaware

corporation, hereinafter referred to as “lessor”, and

HOUFF TRANSFER IN C.—corporation, hereinafter re-

ferred to as “lessee”.

WITNESSETH:

WHEREAS, it is contemplated that the lessor will let

and deliver to the lessee and the lessee will hire and ac-

cept from the lessor certain containers and/or chassis for

transportation by the lessee over highway routes, and

WHEREAS, the parties desire to enter into an agree-

ment concerning the use, operation and interchange of

such containers and chassis:

NOW, THEREFORE, for and in consideration of the

terms and conditions hereinafter set forth, it is mutually

covenanted, stipulated and agreed by the parties as

follows:

terminals or at such other point or points as may be

mutually agreed upon between the parties from time to

time.

290

THIRD: At one time of interchange authorized repre-

sentatives of the lessor and lessee shall make an inspec-

tion of each container and/or chassis and shall jointly

execute an “Equipment Interchange Recepit and Inspec-

tion Report’’, a blank copy of which is appended hereto

as Exhibit “A”. The condition of such container and/or

chassis, and any damages, defects or exceptions noted at

the time such inspection is made, shall be noted on the

said Equipment Interchange Receipt and Inspection Re-

port. Each container and/or chassis shall again be care-

fully inspected by authorized representatives of lessor

and lessee upon return and redelivery of such container

and/or chassis by lessee to lessor and the condition thereof

and any damages, defects or exceptions noted at the

time of such return and redelivery, shall also be noted

upon the original Equipment Interchange Receipt and

Inspection Report. Any changes in condition, and any

additional damages, defects or exceptions noted at such

latter inspection shall also be noted upon an “Equipment

Damage Report”, to be jointly executed by authorized

representatives of the lessor and lessee, a blank copy of

which is appended hereto as Exhibit “B”. For the pur-

pose of determining whether a particular container or

chassis has in fact been damaged between the time of

delivery to lessee and return to lessor or returned to

lessor with a defect or in a condition contrary to that

which existed at the time of delivery thereof to the lessee,

the parties to this agreement shall be bound by the afore-

said Equipment Interchange Receipt and Inspection Re-

port and Equipment Damage Report, and, subject to the

provisions hereof, lessee agrees to assume full respon-

sibility for such damages, defects or changes of condition

and shall, within fifteen (15) days after date of billing,

reimburse lessor for the cost of restoring the container

or chassis to its original condition, ordinary wear and

tear excepted. The person (including tractor driver)

receiving of delivery any container or chassis is deemed

to be an authorized representative of lessee.

FOURTH: The lessee shall:

(a) complete promptly and expeditiously the use for

which the containers or chassis has been furnished to it

STL Ae aD

vise imino bbe.

291

and return the container or chassis to the terminal of the

lessor from which it was received or to such other point

chy be sag on the Equipment Interchange Receipt

nspection Report or otherwi i

mie rg se mutually agreed in

(b) not permit any container or chassis to leave its

rages and 2 gee without permission of the lessor

writing, an en only to the exte j

eee. y nt of such written

(ec) comply with any and all a j iti

ppropriate formal

and requirements regarding the use, Pinte or mice

ae of the containers or chassis;

responsible to the lessor for the erformanc

- ° e

of this agreement by itself and by all other ian into

whose possession any such container or chassis may go

ar return to the lessor;

\é€) have complete control and supervision of such con-

tainers or chassis while in its custody and possession : poe

shall control the detail of the work of any employee or

agent operating or using said containers or chassis during

such time any person operating, transporting, in pos-

(f) hold the lessor harmless and rei

elmburse the less

for any loss of or damage to any container or chassis pee

292

FIFTH: It is further agreed that:

(a) The lessor shall equip each chassis delivered to

lessee with tires and if tubeless tires are not furnished,

wih tubes, of proper size and which are in such condition

as will permit the safe operation of the chassis. Thereaf-

ter, until such time as the chassis is returned to the

lessor, repairs to the tires and tubes shall be made by

and at the sole expense of the lessee. In the event of a

blowout or total failure of a tire or tube, lessee shall

furnish replacement tires and tubes to permit the return

of the chassis to the lessor, but shall retain such replace-

ment tires and tubes upon redelivery of the chassis to

the lessor. The blown out or unserviceable tire and tube

shall be returned to the lessor with the chassis. In the

event that the lessee shall fail to return the blown out

or unserviceable tire or tube, the lessee shall pay to the

lessor the value of each such tire or tube at time or

original interchange. In the absence of specified informa-

tion to the contrary, it is agreed that the value of each

tire at the time of original interchange is $90.00 U.S.,

and that the value of each tube is $10.00 U.S.

(b) In the event of mechanical failure or other failure

due to defective equipment on a chassis, the lessee shall

make such repairs as may be necessary; provided, how-

ever, that the lessee shall secure the approval of the

lessor before making any repairs, the estimated cost of

which will exceed $100.00 U.S. When the cost of such

repairs as may be necessitated by mechanical failure of

defective equipment is less than $25.00 U.S., the lessee

shall make such repairs at its own expense. Where the

cost of such repairs exceeds the sum of $25.00 USS., the

lessor shall be responsible, and shall promptly reimburse

the lessee-upon receipt of a bill reflecting such a payment.

The aforesaid bill shall indicate in detail the nature of

the repair and shall state separately the sum expended for

labor and parts.

with such vehicle license plates and/or registration cer-

tificates as appropriate government laws or regulations

may require it as chassis owner to furnish and, in addi-

293

tion, each chassis shall be equipped with satisfactory mud

flaps, working directional signal lights, clearance markers,

reflectors and such other equipment as is necessary to

comply to the extent required, with pertinent government

safety regulations.

(d) The lessor does not make any warranty or repre-

sentation, either express or implied, as to the fitness or

condition of any chassis or container or the contents

thereof.

(e) At time of interchange of a loaded container un-

der heat or refrigeration the mechanical units shall have

sufficient oil and fuel to insure forty-eight (48) hours

continuous operation.

(f) Fuel and oil used in providing refrigeration or

heat shall be replaced by the lessee at the time a mechani-

cally refrigerated or heated container is returned or in-

terchanged by lessee. If lessee fails to replenish the fuel

and oil supply of the refrigerated or heated container

lessee shall, unless otherwise agreed upon between the

parties involved be liable for and shall pay the cost of the

fuel and oil consumed.

(g) When a refrigerated or heated container that has

moved unpacked perishable commodities under refrigera-

tion or heat is unloaded by lessee, it shall, unless other-

wise agreed upon between the parties involved, be steam

cleaned by lessee.

(h) Lessee shall be responsible for the full mainte-

nance and repair of the diesel electric generator sets, nose

mount temperature control unit including temperature

recorder and thermostat, furnished in connection with

containers leased hereunder. In the event a repair is

necessitated by a defective part, lessor shall reimburse

lessee for the reasonable cost of said part upon delivery

of the defective part by lessee to lessor, provided, how-

ever, that the cost of all labor and materia}s other than

the reimbursable cost for the defective part shall be

borne by the lessee.

SIXTH: The lessor and lessee agree that the inter-

change of each container and chassis shall be compensated

for in accordance with the Table of Charges and Schedule

294

attached hereto and made a part hereof. Except as other-

wise provided, the terms of this agreement shall become

operative with respect to the lease of the particular con-

tainer and/or chassis upon the execution by the lessee

of said “Equipment Interchange Receipt and Inspection

Report”. Settlement shall be made by the lessee within

ten (10) days following the date of lessor’s invoice.

Daily charges shall continue to accrue, notwithstanding

the fact that a container or chassis has been withdrawn

from service for repairs, except in those cases in which

the nature of the repair is such that the lessor is required

under the terms of this agreement to bear the cost thereof.

In the event of the loss of, total destruction of, or ir-

reparable damage to a container or chassis, the daily

charges shall cease as of the date of such loss, theft, de-

struction, or irreparable damage.

SEVENTH: The lessee agrees to keep the containers

and chassis free of any and all liens and encumbrances.

EIGHTH: The lessee agrees at its sole cost and ex-

pense to keep and maintain said containers and chassis in

good repair and operating condition and return the con-

tainers and chassis to lessor in the Same good order and

condition as when received, ordinary wear and tear ex-

cepted. In the event of damage to a container or chassis

for which the lessee is responsible under terms of this

agreement, the lessee shall, at its expense, restore the

damaged container or chassis to a condition consistent

with that condition that prevailed at the time of original

interchange from lessor to lessee. In the event that the

lessee shall fail to make such repairs, it shall nevertheless

be responsible for the cost of such repairs and for the

continued payment of daily charges until the repairs are

completed even though the container or chassis may have

been returned to lessor with the understanding that lessor

will make the repairs.

in the event a container or chassis is lost, stolen,

totally destroyed, or irreparably damaged between the

time of its interchange and delivery to lessee and its re-

turn to lessor, the lessee agrees to reimburse the lessor

an amount equal to the depreciated book value of said

295

container or chassis on the date of said loss, theft, de-

struction, or irreparable damage, but not less than the

fair market value of said container or chassis on said

date.

NINTH: This instrument and the attached Table of

Charges and Schedule, the Equipment Interchange Re-

ceipt and Inspection Report and the Equipment Damage

Report shall constitute and contain the entire agreement

between the parties and no agreements, representations

or understandings not specifically contained herein shall

be binding except as contained herein or reduced to writ-

ing and made amendatory hereof.

TENTH: Either party to this agreement may termi-

nate the same at any time by giving the other party ten

(10) days written notice of such termination by regis-

tered or certified United States mail, provided, however,

shall remain in effect until after all containers shall re-

main in effect until after all containers and chassis leased

hereunder have been properly delivered to and accepted

by lessor.

IN WITNESS WHEREOF, the parties hereto have

executed this agreement the day and year first above

written.

WITNESSES AS TO LESSOR:

WITNESSES AS TO LESSEE:

/8/ [Illegible]

[Illegible]

UNITED STATEs LINES, INC.

as Lessor

By: /s/ Robert G. Partos

ROBERT G. PARTOS

Manager, Interline

Attest:

as Lessee Hauff Transfer, Inc.

By: /s/ K. G. Munson, G.T.M.

K. G. MUNSON, G.T.M.

Attest:

296

TABLE OF CHARGES AND SCHEDULE OF RATES

Lessee agrees to pay lessor rental charges as set forth

below for all equipment interchanged pursuant to United

States Line, Inc., Equipment Interchange Agreement.

Said rental charges shall accrue on a per diem basis for

each period of 24 hours or fraction thereof, Saturdays,

Sundays and legal holidays excepted, commencing with

the second 7 a.m. after date of receipt of equipment by

lessee. The per diem charges shall be as follows for the

equipment indicated:

PER DIEM

EQUIPMENT CHARGE

Item 1 20 Foot Single Axe Chasis with $ 2.50

20 Foot Container

Item 2 20 Foot Tandem Axle Chassis with $ 3.50

20 Foot Container

Item 3 40 Foot Tandem Axle Chassis with $ 5.00

with 40 Foot Container

Item 4 40 Foot Tandem Axle Chassis $15.00

equipped with demountable diesel

driven electric generator unit, 75

gallon fuel tank, and 40 Foot Con-

tainer

It is understood and agreed betwen the parties that

lessee shall pay lessor the above per diem charges in

accordance with paragraph 6 of the Equipment Inter-

change Agreement and that such charges shall be as-

sessed for each day, Saturdays, Sundays, and legal holi-

days excepted, that the container and chassis remains in

the possession of lessee. Should a container and chassis

be retained by lessee for a period in excess of 10 con-

secutive calendar days, Saturdays, Sundays and legal

holidays included, the per diem charge applicable to the

11th and 12th day shall be double the amount stated

herein and a charge of 3 times the normal per diem

charge stated herein shall apply for every day in excess

of the 12th consecutive calendar day; provided, however,

that the penalty charges as stated above shall not apply

on Saturdays, Sundays and legal holidays.

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302

AGHT ALLOWED BASED ON AXLE SPACING GENERAL COUNSEL’S EXHIBIT No. 17

PRACTICAL AXLE AND GROSS WEIGHT LIMITS

The total gross weight imposed upon the highway by a vehicle

or combination shall not exceed the maximum weight given for The axle limitations shown on Page 3 are the legal maximum

the respective distance between the first and last axJe of the limits. In practice it is possible to carry the same weight on

group of axles measured longitudinally to the nearest foot as the front axle as is carried ca the rear axle only in the cases

set forth in the following rable: of those vehicles so constructed as to permit a 50-50 weight

distribution between axles. Unless so constructed, therefore,

the practical weight possible ca a front axle will vary according

to design of the vehicle.

stance in Feet Maximun Weight in ; : : .

-ween tbe Ex Pounds Subject to practical axle weights, the gross weights shown below

remes of any on any Group of are practical, |

foup of dudes figs The practical gross weight that may be carried upon any combina-

: weenie 5 Sait aoa tion of units is limited by the practical gross weight that can be

6 gp errempratece. i PONE III ENE LEST Erne carried upon each unit and the azles- thereof. No combination is

* ane ROSIE: SERIES “ 32,000 permitted a gross weight of more than 70,000 pounds.

2" | eee * 33,500 The maximum gross weight is determined by the distance in

a ee ane feet between the first and last axle of a vehicle combination

Zz CS oe <a aae except that the gross weight as determined by this distance

12 LEELA ALS LESSEE 39'500 may not exceed the sum of the legal axle weights.

13 ween enema ene 41,000

14 a: <n:nsanatipibc tentsitnateeclinnsipaasaianineiaiaiiaiin 42,000

43,000

mati 44,000

re 45,0

Se os Ee eta py LEGAL GROSS WEIGHTS PERMITTED ON FOLLOWING COMBINATION

19 | knee nismenanaaeniisiannensttienihantiinaieas 47,000 a

a eee ischeoahecmepiort 48,000 EX SS SSoo~-s9 ——

= selina onic: Rae 70,000 68,000 68,000

------- ---- $0,000

oe 51,000 BXole-ele-o EESe~celo-o 8ASso~ol

: Ty Par RR a aye Not Permitted Net Pormined Net Permined

ee 6) SARA ae te rece vege a ae pre ee +

3 < - oa <0 wl ee <e

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28 sib ani 56,000 70,000 Met Pormaed Not Fermitted

7, ~- 57,000

39000 --—------ 58,000 Sitxegibcdeos Stocte §SG5-s0

31 —_ — - 59,000 Net Perwitied 70,000 70,000

| ee 60,000 :

; ee ae =s BASSO Sx a

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3$ ade a a OPO Fe eae ee ae 64,000 hot Permined Not Perevtaed brot Permred

36 SLO 65,000 es ee — een

7 HARA CA ONE 65/800 69S ~0-S-Od EODSsa cok

38 eee eee ee ene em e em me - 66,600 $4,000 70,000 hot Permitted

9 bi =v 67,400 = | oe

990 aaa nnnn========-----=- 68,200 SIs se SMocsodted o

! ne naan > het Permitted thos Pormumed et Pera uted

Met Pore ined het Perarred

303

GENERAL COUNSEL’S EXHIBIT No. 18

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305

GENERAL COUNSEL’S EXHIBIT No. 19

STEAMSHIP TRADE ASSOCIATION OF BALTIMORE

(INCORPORATED)

32 South Street

Baltimore, Maryland 21202

752-4913

April 2, 1974

Mr. George L. Maier

United States Lines, Inc.

P. O. Box 1775

Baltimore, Maryland 21203

Dear Mr. Maier:

RE: Container Case 6-74, Containers

# USLU-200-830-9 & 204-003-9.

The above-captioned Container Case 6-74, brought

about by the Union leter dated February 20, 1974, was

discussed at a meeting of the Joint Container Committee

on March 21, 1974, in the offices of the Steamship Trade

Association.

A portion of the Union letter reads as follows:

“On Tuesday, February 19, 1974, Houff Transfer

picked up Container Nos. USLU 200-830-9 & 204-003-9 |

for delivery to Union Carbide Alloy, W. Va. Said con-

tainers, however, were stripped at their terminal, and

observed empty there on the same day.”

This letter is to notify U.S. Lines, Inc., that the case

against the company was resolved in favor of the Union

and a fine of $2,000 was assessed since there was a

violation of the cotnainer agreement. The company is

hereby instructed to pay to the STA-ILA Container

Royalty Fund, 218 Chamber of Commerce Building, Bal-

timore, Maryland, 21202, the sum of $2,000, representing

the fine assessed against the containers named above,

with the understanding that, as per contract language,

“Sf the carrier does not pay the liquidated damages within

306

30 days . .. the I.L.A. shall have the right to stop

working such carrier’s containers until such damages are

paid.”

Very truly yours,

STEAMSHIP TRADE ASSOCIATION

OF BALTIMORE, INC.

/s/ James M. Fortune

JAMES M. FORTUNE,

Managing Director

JMF‘/cc

ec: Messrs. Green & Parrish

307

GENERAL COUNSEL’S EXHIBIT No. 20

UNITED STATES LINES, INC.

Suite 617, 16201 I Street, N.W.

Washington, D.C. 20006 (202) 785-9779

April 11, 1974

Mr. Cletus E. Houff

President

Houff Transfer, Inc.

P. O. Box 91

Weyers Cave, Virginia, 24486

Dear Mr. Houftf:

Further to my letter of April 4, I wish to advise that

I am now in receipt of a complete report relating to the

difficulties you have encountered wtih your interchange

agreement with United States Lines.

We are advised that on the shipment of two 20 foot

containers destined for Union Carbide Corp. in Alloy,

West Virginia, you elected for operational reasons to strip

the containers in Baltimore and reload them into one of

your own trailers.

This, of course, is in violation of the rules, and as a

result of this action, the United States Lines was fined

$2,000 by the Steamship Trade Association of Baltimore.

Under the circumstances, United States Lines had no

recourse but to exclude your company from our Inter-

change Agreement until such time as you deem it in your

best interest to satisfy our request for payment of this

fine.

This matter is under the complete jurisdiction of Mr.

George Maier, our Port Manager in Baltimore, and should

you have any further questions, I would recommend you

contact him directly.

Very truly yours,

UNITED STATES LINES, INC.

/8/ J. Daniel Smith

J. DANIEL SMITH

Special Ass’t to the President

ec: E. Lamma, Walker Mfg.

G. Maier, USL, Balto.

E. Frey, Balto.

K. Edler, N.Y.

308

GENERAL COUNSEL’S EXHIBIT NO. 21

UNITED STATES LINES, INC.

One Broadway, New York, N. Y. 10004

(212) 344-5800 Cable: Seapost

April 12, 1974

Certified Mail

Return Receipt Requested

Mr. Cletus E. Houff

Houff Transfer, Incorporated

P. O. Box 91

Weyers Cave, Virginia 24486

Dear Mr. Houff:

We received your letter of April 1st, with which you

request clarification of your status as carrier handling

United States Lines equipment.

I have been advised by our Baltimore office that your

Baltimore terminal sometime in mid-February, picked up

two 20 ft. containers from our Baltimore terminal and

for their own convenience stripped these two boxes in the

Baltimore terminal and transferred the loads into your

equipment. This activity apparently was observed by the

I.L.A. and United States Lines has been obliged to pay

to the I.L.A. a fine of $2,000.

I am sure you are familiar with this case and I don’t need

to go intc every detail. Our Baltimore office has been

in touch with your Company but have been advised that

Houff Transfer is not inclined to reimburse United States

Lines for this fine which was incurred through actions

of your personnel.

As a result of this it was decided not to permit your Com-

pany to handle our equipment.

The reason for not having advised you officially of can-

cellation of your Interchange Agreement, is simply that

I had hoped that you would have a change of heart and

309

agree to reimburse us for a fine incurred through no

fault of ours.

Inasmuch as no further developments have come about,

please accept this letter as our ten (10) day notice as

per paragraph ten (10) of the Interchange Agreement

executed on March 18, 1970 between your Company and

United States Lines, Inc. Unless we hear further from

you indicating your willingness to settle this matter the

above Interchange Agreement shall be null and void as

of April 22, 1974.

I regret as to take this action but your attitude has left

us no choice.

Very truly yours,

/8/ Klaus W. Edler

KLAUS W. EDLER

Manager,

Interlin d Leasi

KWE :es e an asing

ce: Mr. G. Maier

Mr. D. Schierloh

Mr. D. Smith

Mr. R. B. Murphy

Mrs. H. Sunhill

310

GENERAL COUNSEL’S EXHIBIT No. 22A

UNITED STATES LINES, INC.

P.O. Box 1775 - Baltimore, Md. 21203

(301) 285-5200 - Cable: Seapost

April 16, 1974

Mr. Cletus E. Houff

Houff Transfer, Incorporated

P. O. Box 91

Weyers Cave, Virginia 24486

Dear Mr. Houff:

This will confirm our meeting of yesterday with your-

self and Mr. Morgan, and pursuant thereto, please find

attached copies of our files on container rules and the

enforcement procedures relating to them. I direct your

particular attention to the page I have marked “A, as

this, in a concise outline, is the crux of our entire prob-

lem. A container when delivered from our terminal as

a “house to house” unit must travel in that mode, and

cannot be handled intermediately at a facility prior to

arrival at it’s final destination. If such a diversion does

occur, no matter what the reason, the steamship company

is subject to liquidated damages to the extent of $1000

per container.

I fully realize that situations do occur wherein con-

tainers might be in an overloaded condition and cannot

legally move over public highways. In such situations,

it then would be necessary to lighten the container, or to

strip the container and deliver the contents breakbulk, at

a marine facility using ILA labor, in order to preclude

the imposition of any fines on the steamship carrier.

Any handling of the contents of a “house to house” con-

tainer, outside of ultimate handling at destination, must

be done under ILA jurisdiction.

I further wish to affirm my decision to re-instate your

interchange during the interim period of time until I

actually pay the imposed $2000 fine on the adjudicated

ease. As I told you, I intend to further dispute the issue

$11

based on a technicality, however the chances of our being

able to prevail seem to be rather slim at tiie moment.

The decision to re-instate your agreement is based on

your acknowledgement of the basic violation, and your

indication that you will give serious consideration to the

payment of these fines should you be presented with an

Invoice by U. S. Lines, subsequent to our payment of

such fines. Implied within this agreement would also

be your concurrence that you will prevent similar in-

cidents from occurring on any future handling of U. S.

Lines containers, or else be subject again to a cancellation

of our interchange arrangements.

I would like to reiterate that it was a pleasure to

have met with you and to have discussed these problems

which relate to our mutual interest. Should you require

any additional information, or need any assistance on any

other problems, do not hesitate to contact me further.

Very truly yours,

UNITED STATES LINEs, INC.

/8/ George L. Maier

GEORGE L. MAIER

Port Ma

GLM :mvk —

Attachments

ec: Mr. K. Deler

Mr. D. Schierloh

312

GENERAL COUNSEL’S EXHIBIT No. 22B

PROCEEDINGS

OF THE

CONASA-ILA CONTAINER

COMMITTEE MEETINGS

Dublin, Ireland

January 25-29, 1973

A. PURPOSE OF THE MEETING

Folowing the meetings in Miami Beach, Florida, Sep-

tember 11-13, 1972, a number of issues on the Miami

Beach Agenda remained unresolved. ;

The purpose of the meeting in Dublin, Ireland, was:

(a) To resolve such open issues; and

(b) To examine and adopt the document dated Jan-

uary 8, 1973, entitled “Enforcement of Rules on Con-

tainers”’.

B. JOINT MEETING

Joint meetings were held by the CONASA and ILA

on the various days set forth above. In addition, separate

caucus meetings were held by CONASA and ILA.

A general meeting was convened at 10:00 AM. Satur-

day morning, January 27, 1973, at the Burlington Hotel

at which approximately eighty (80) persons were present

representing CONASA, the ILA, the South Atlantic and

Gulf and various European ports. :

The Saturday general meeting was opened by Presi-

dents Gleason and Dickman and the Container meeting

itself was chaired by Co-Chairman McEvoy and Scotto.

The first order of business was to consider and adopt

the “Enforcement of Rules on Containers”.

After due deliberation, the document entitled “Enforce-

ment of Rules on Containers” was adopted by a unan-

imous vote of all members of CONASA and ILA Con-

tainer Committee.

313

C. CONVENING OF SMALLER COMMITTEE

The members of the CONASA-ILA Container Commit-

tee met on the afternoon of Saturday, J anuary 27, 1973,

to consider the various unresolved items of the meeting of

September 11-18, 1972. The two (2) principal issues

discussed at that meeting were the questions of defining

“Warehousing” and “Beneficial Owner”. These two (2)

definitions have been unresolved and matters of difference

since the beginning of the CONASA-ILA Container

Committee.

1. Warehousing

After long deliberation the Container Committee

drafted a definition of “Warehousing” containing five (5)

sub-paragraphs. This definition is set forth at length in

the document attached to these Minutes which set forth

the agreement reached by the CONASA-ILA Container

Committee.

2. Beneficial Owner

The next order of business was to consider the defini-

tion of “Beneficial Owner”.

The proposal of CONASA was that “Beneficial Owner”

be defined as follows:

“Beneficial Owner” is the seller, purchaser for the

use or resale, or other user of the cargo in the

normal course of his business, without regard to

legal title, other than a trucker, forwarder, con-

solidator or distributor, as set forth in Rule 1(b)

(or warehousemen as set forth in IV below).

The ILA members of the Committee completely dis-

agreed with the employer definition and asserted that

they desired that “Beneficial Owner” be defined as “the

ultimate owner entitled to the beneficial use, enjoyment

and title to the cargo”. The employers did not agree with

the ILA’s position. It was determined that the parties

would draft a document to be considered at a continua-

tion of the Container Committee Meeting on Monday

morning, January 29, 1978. Such a document was pre-

pared by CONASA. It set forth the definition of “Bene-

ficial Owner” as:

314

“The Beneficial Owner is the manufacturer, grower,

seller, purchaser or ultimate owner entitled to the

beneficial use, enjoyment, and title of the property.

The term ‘ultimate owner’ refers to one using the

cargo in the normal course of his business and it does

not include the ultimate consumer.”

Various meetings between Co-Counsel, Co-Cuairmen

and Presidents Gleason and Dickman were had on Sun-

day, January 28, 1973, in an attempt to reach a decision.

The ILA’s position during all of these discussions was

that the employers alternative suggestions as set forth

above were not acceptable to the Union which desired

that the concept of “Beneficial Owner” be limited to

“Manufacturers Label”.

CONASA informed the Union that limiting “Beneficial

Owner” to “Manufacturers Label” situations was not

acceptable to CONASA.

A meeting of CONASA was held on Monday morning,

January 29, 1973, to consider the impasse between

CONASA and the ILA. During the course of this caucus,

various other alternatives were suggested by the CONASA

group and Counsel was directed to take them up with

ILA Counsel, Co-Chairman Scotto and President Dickman.

One of the alternatives was the elimination of the

words “manufacturer, grower, seller or purchaser”. The

ILA did not agree that such change satisfied their

position.

The ILA suggested that before the words “ultimate con-

sumer” in the CONASA proposal, there be added the

words “broker, distributor, consolidator, forwarder,

trucker, warehouseman or...”.

The CONASA Committee was also informed by the

ILA that if the matter of the difference on the “Beneficial

Owner was not resolved, that the ILA would have no

alternative but to reopen the Rules pursuant to Rule.

3(h) because it considered the matter of “Beneficial

Owner” to be crucial and could not agree to any defini-

tion of “warehousing” without an agreement on the defini-

tion ef the term “Beneficial Owner”. The ILA further

stated that on such reopening of the Rules on Containers,

they would stuff and strip all containers. After long

815

deliberation, the members of CONASA Container Com-

mittee voted to agree with the ILA’s position. Chairman

McEvoy voted against the proposal to accept the ILA’s

position.

A General Meeting was again convened on Monday af-

ter the CONASA Committee caucused and after the ILA

Container Committee also caucused on the document de-

fining “Warehousing” and “Beneficial Owner”.

At the General Meeting, Interpretations 1.3 and 1.4

were adopted by the general CONASA-ILA Container

Committee meeting. Also, at that meeting, the Commit-

tee made a determination that “Headloads” would not be

deemed a violation of the Rules on Containers. This

determination is described below and in Interpretation

1.5. It was also determined that the above interpreta-

tions would be effective January 29, 1973, for a three

month period and would be reviewed at the May meeting

of the CONASA-ILA Container Committee.

Headload

After discussion it was determined that where a single

“Beneficial Owner” sends a container (either import or

export) which contains all of his own cargo to a carrier

through a carrier’s pier and such container is not full,

the carrier may chock this container with additional cargo

and at arrival at another port the carrier may strip the

additional cargo and send the remaining cargo to the

“Beneficial Owner”. The chocking or stripping at ILA

ports shall be performed at a pier by deepsea ILA labor.

Effective Date

It was determined that the rules made at this meeting

shall remain in effect until the next quarterly meeting at

which time they shall be reviewed.

FUTURE MEETINGS

The Committee determined that the Third arter]

Meeting of the CONASA-ILA Container re Roo will

be held in Hampton Roads area, May 8-9, 1973; and the

Fourth Quarterly Meeting will be held in the New Y

area, September 11-12, 1973. ree

316

GENERAL COUNSEL’S EXHIBIT No. 22C

Submitted January 8, 1973

Adopted January 27, 1973

ENFORCEMENT OF RULES ON CONTAINERS

The following standards are hereby promulgated to as-

sure fair and non-discriminatory enforcement of the

CONASA-ILA Rules on Containers.

1. A. All outbound (export) consolidated or LTL

container loads (Rule 1 containers) shall be

stripped from the container at the pier by

Deepsea ILA labor and cargo shall be stuffed

into a different container for loading aboard

ship.

1. B. All inbound (import) consolidated or LTL

cargo (Rule 1 containers) for distribution

shall be stripped from the container and the

cargo placed on the pier where it will be de-

livered and picked up by each consignee.

2. No carrier or direct employer shall supply its

containers to any facilities operated in violation

of the Rules on Containers including but not lim-

ited to a consolidator who stuffs containers of

outbound cargo or a distributor who strips con-

tainers of inbound cargo and including a for-

warder who is either a consolidator or a distrib-

utor. No carrier or direct employer shall operate

a facility in violation of the Rule on Containers

which specifically require that all containers be

stuffed or stripped at a waterfront facility (pier

or dock) where vess

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