# Appendix — National Labor Relations Board v. International Longshoremen's Ass'n > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385006_1534%3A03 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1980 - **Citation:** 444 U.S. 1042 ## Text APPENDIX ‘A MAR 1980 || VOLUME II (pp. 235-468) | or fi Fide, | MicHAEL ROOAK, IF. Oo a cnn 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 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 t 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 } F i i 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 ($1) per gross ton of cargo. d. An equivalent amount of Royalty as set forth above will be paid to the Trustees of the HRMA-ILA Welfare and Pension Funds for such disposition "Oe oe MGR oe, 8| S$AN39y ONL 99 2 Get Lys “Iv iwies t7é se Yq ON Oud “VA LATA} SUaTAG AL | zis 9 8 og : 16 xO# °O “d ‘AOALO NIVIX Vet “HORM: yee ‘ wn VAM “ONE? Fr faree ONT ayT Ts Va ve Re ee, coo VG Ge ROH i “VA CONOWHOIY iin, an. — - SUNivig it ae po aN 1 SVN, Wut id a ur u adil ‘le ae . Le ie ie UVES 77 TA fs ll xe | snow NOILIGNOD GOOD NI BAOCEV*OsAIBDEu "" ANBWAVE OBAIBDEY SNOISIAIG A130 YO4 OW3W WNIDITIS WNIDIWD SOINS 61 Civdlud BNNBABY TUNG WiIEHL JO Bivo NONLdINDSEO ‘SIIDILUV ‘SAOVNOVd ‘ON a MBIVYVD ONILOENNOD dO BWWN | ‘ON wETIVEL | ‘ON VA M AOTIV dy0) 30198YV2 NOINN LLy lt Z 0 t On ‘ON SURddIHS QW 34¥0WIL IVE TWNIWYSL SNIYYW WIVONNG X3 02 2 OYIdVHS T3NWYS Vv0Zea-OZum Q2r—arnwe jOwar-—-Z) Bi tare ji cc ie Sto Reale i 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 Ie 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. (c) Lessor shall equip each chassis delivered to lessee 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. WOULNOD AcivizZiNds- | z! @L*t- MOGs 28 td oO WN rs é wing syyy Acg | Reims: “iri ermine Aza aed g bi) ayo i RRO RRR cree aes Aep aed t -D) GR ag Horetobee { Pir PPPPR OR enenbnes epovennneeeaEhseanes Arp 3124 $ S Ts) a eh aaa og Wwrowy elu nyr10;uj 5O pojrey 4804 sce CHWs 4O Ziva WILLINM 390) eBid iti? ANNODDY AYTICISENS BCO? ONLLINNODDY “OSLO $¢ La HIKA "MOILICNOD CODD MI O2NRBAINIA “QZLOM $¥ Ld39KD “NOILIGNDD OCOD MI O3AI3D34 “CMD 29440) DUNAVHOIS SRAILYINZSINGTY 8.298237 “C2462 '294Q) PUNAYNOIS SBPAILVINISIVIIS $.235331 BYVIL GNY @LYO awit ONY 31Ya AQ O3L3 0431 A® G21 203M on O ON LNOIBY DAVLT ‘SDA SI s3a O BNO ND3HD LHAIMAN3H AZLLIVIENS OMI9E 180434 2OVWYO LMSWGINGD MY $I i oe an TU $ "4 Ey. $ O71 Ou a O70 oa 3 he se | > | —4 a | > a ‘oOo ‘ov 5 07 Ow 1 mainerte Terres ' - a ; tates aT NOILISOd KOILICHOD 9 ON ONYVUS NOILIDO? NOILISOd NOILICHOD 9 OH ONYUS MOILISOd teV id SdYn4 srco"0 $3000 ie WOVinwYoUAGHA 3OvIsuvIUaONN $inoin SLHONT $ON1 TWDAMAN $901 133HM ee BY29 ONIGNN WvSD ONIGNYI : : txvua $3xvee Pure 4 “Oneyy (7) 4939 350 “SMOl g39K3 ON SI “CASH (7) 293HD 35A ‘'SNOILdDIXI ON St “OILIIASN) 39 CFLSIT AUVs HIVE AVL SBINCTE SNOILYINDAL) “OPLIIGEMI 39 OILSIT LUVd HOVA AVHL BVINOIS SHOILVINGIY) SISSVHD ONY WANIVLNOD JO NOILICNOD SIS3VHD CHY WANIYLNOD JO NOILIGNOD Aiewa ordyo1 Alew3 Q30Y01 4HOIDM S040 (e+) I45) KOE LHOISM $809 (89 812415) xo9g "OM TW3s "ON 3N39I7 “ON YOLIVYL "ON vss "ON 3SM92I7 | ‘ON MOLDVUL SISSVHD LO/OMY BENIVLNDD OMIVIAINZOAY waivuyo SISTYHD VO/CNY YINIVINOD ONIAIDIAY W3lBLY? (AS3AIT303¥ NOWN OILIWWOD 38 OL $1 LUQVSY 2O KOILESY SIMA) (RONVHIUBLMI JO awIL LY OZLe1en CO LIOLG LEO¢d3Y ZO HONLYOd SIHL) WHAUUVS Wows UAIUVD O.1 ueteies Ny ae Mm oO ee ive ee eee | | Lo SUeety hn alton! com siesyea Ley 29. 1as53A , oS Pn te . STSYNIDT LISA Shed ye ' =~ as A2ODLU NOWOAIOM] GNV SALTO AONVHOUZANI UNGULIGINO 2 “IVIIDHIO e -s & % = - 0 0 Q r bo, OM ‘CONEY GUAYAS dng OO PN EE 298 GENERAL COUNSEL’s EXHIBIT No. 16 bee Pe 9 “HURY SILA JO aZed yse; aes ‘swrew 92959324 Pue SuOgewasgge 40 UORneUeICKe 404 7ez Ped & Paitiid 39 01 GoRDeS ‘Gq “GD pepusmmosey _. Sl i dow nt cao is, ee S JO sappe wwacrcuay enteincacets either Uses mena * tem cceecnneaininones. «capitan sag i E “Ausedosd ann Jo anzes pare sec 1. paate an; fore Or yes eds a2e28 07 PAETSAE are suadern “SeTea GO WeapEEdeD TRU wT air: y —a0%, | : setae sip habe Fee LP FRO SOS Cnet Oe OE ihn ty one 6 dy ath nie talent } ete eT aart ascsrihs re ‘ : ——+ Se ns cee oe ea Pence ; ~ satan -% ; a 3 : i Se E) 2 tsxFy ‘See —* mane =onceneeapeeeeceeeeseecemnee j 7 ne I j ; Teaser pecs i | ‘ “Pp Ket ar 5 se som, n= wae | FI fo Icemiedat = Ode ee : ‘ : Ceeietetacec a ; ; f Rigi i : : 4 , ee a a : | | i . Praag ; i | ,, O2 7L- AS CIPS 2o ate , SPORT Ol ot. are Sir Psi i ' j : ; } ; ; ose PS amsects i i ; a rn t ; j ' . r + et gate ——soeetnate oi seat i wRirq Met ; r 4 TT! Cre yBray jo icamted _— he nowiM quawdrys sy yo Azaaty ' “@P exw 20U []eYys saued ayy :quaWa3e3s Zuimoy “[OJ 242 UsIs [jeYs s0UZsu0Dd te ‘s0uZ(su0d ay) UO asinodar ynO “YIM seuZisu0d ayy 03 pesaatjap | umnjog oe (2013322205 euondesxg pus ‘syszey fejsedg code 29 07 St quawdiys siyy jt ‘suo | yaaqQ | so sel | 0} 39efqng) ‘eopPAy Jo VORdy260q ‘eBexo"g Jo puly “48d “IPUOD JO 2 UOIYdag 02 yalqns 24BIOM » NES oot et eweres - AxtD aNS POOR eter eereen es seeeneses - 0 aeulisuoy &q pred aq 07 to tte eewwecc eee - SOCSSe C0SSSESS 665 -c0ctse ss 60.5 "7 daddiys | a8:eyo -q oe) Se ID. Seer eeerees "$ Au@atjag uG 1391/05 oeeeeese. 7 in ss he ae ne sritetcl ls iaaesale naan danas laialesaaseetedesdninedstaiioasstieutiin.. ose °°" ame. - RD IM BT AI Ce SOE? §. RAB. OT TIE ears ery or — a ee - West “SWISS etn thang ar re SoA OT hee AO 1A Dg cer 0) ce hn tae ee te ae ee oe ale a SRI 7* ad am: 2:"¢ we. HOOT Aue NT 30an 4 cated Cee 10 Aug an TW W) sessed ma oy be RIOT MA esa ‘emus 7 JO Annus 2tn UNTA an wanas 4290 mn Atmusiny ‘ur APTS” $24819UOS 17 ZeOUN Ausdasd #21 JO UOtmawand ut UONEINdO 40 UOUad KuR swuewu AE SAGUR SR DAUIRAD PUR ‘peutrmUO> ‘pexsew (UmoUXUN wHEYDed Jo HUaUOD po unn ore ses mens eee es 0scesees seccccges ‘Aqunog Sereecomerere coesceccos ces ccceesescsescccssccs ‘AyD a 920115 Orecevceccceses « seocees este iy \ ° “6l Ges cdcrcccccwcccs a cccces esses cccscoecce eq O-ecorecccoceccccccseccccccoccescccccocccced! Roceesccececcccessceccnenccccscecccrssccsccecccces eee ° es woig ‘BUIPeT JO {I'G S1Y2 Jo one ey Jo oyep ey; UO yoy UT SHUE) Pus sUOTBoYreseID oun 03 yDe(qQne ‘QTAITITH SRO NR ia Sa alta eta cet nan eae oo DEVEL SHALE ES ae ee co eg NW ONSAUOG—FTTTVILODAN LON—TVNIDINO emesis e,saddtys JINIGVT 40 THE LHDIVYLS WYOSINN (zedeg 931444 WO pewuLtg eq oy’ S3a1Nw. GO0T Ni .vOISISSYIO LHOIGY4 YOLOW IWNOILYN 2) 299 €8Z ; "HUe) SIUy 4O aBed yse; vas ‘sysew eouasajau Pue SUdNeiMasgge jO UONeUeIdxa 404 Qyfrengs uuosuy) ! “Mmevusdiues nou prkansap 20 asuadxa PUS VU 6 10UMO 38 PeHnoyssEm aq Leu spook Yyons pus ‘epood yone Aq peenes eSewep 10 ee] jv youreSe sued ey) Ajruwepuy pus 20) “HaNT] aq [VEE “astawu 21943 JO JaUUB ay) 02 aunsojmp Ua;qUM lif SMotaasd ynoy zm “spoo8 snosatuvp 20 saanwordxa Suiddiys uae 40 pedouud say yeym ‘Lured Asaaq “9 “20g “UOS1IY PeOPU G18 wajItLB weyeygnd ay) ut vayer Aljeoyizeds you enyea Aiguips0esjxa Jo sajonuv Aue 40} 40 ‘eisade ‘wjuawinoup Aus 205 hum Aue ut aiqey @q 40 Aue [jim sapunasay soues ON “9 “~y ‘J2UMO 94) JO YEU) OQ [SYS “Kuaayep 40 “Bucpeuzun see yas ayy “‘peyeroy Sepndas you @ wade 6 suBtsu0: 30 sautwu02 MYM UONEIO/ 4eHIQIed & 9B aj>1Yaa 400i Aq pazsodsuRs Aysadosd J9A1]9P 40 PwO[UN 0} pajrdeJIp HI 4aLIED 8 alayy wHIUN semed wos PYotlap aay Soy) 421j8 PUB On peYyrurI ale GiajiE-1Was 10 Mo[184} YONS [UN “Sr9]1w4j-1U98 40 wAa]IEI) BJ21Y9A sOQOW UI PaysodwuEs 4 Ayadold fi 40 ‘View way pepeojun seye pY¥ O)UE papwot (UN 40 WEL) 40 aaNoUIEI01 Wold Peysap aie Avy) 42938 pus 07 peyrez 8 aus ered #4) [UN ye 6 42UMO 28 aq [[¥Yys ‘sa2e]d 424y}0 20 Wuipue, wieya suones YONs OF PAarttyp 40 Woy Partai Udym “arueXFaU 6 29UI89 JO @82 Ul 1dadKa ‘pus ‘Kjawen 40 Sajoryan “Ke? OUT P2P#O} [UN 40 vjawan 40 Sa] 21Yan “SIB) WO PapeofUN Joye sauMO "JO YSU 28 Ajesjua aq ppeys “quate wyZias Daywiodde Apejntar ou m 2494) YRYM 18 auld 19430 40 Suipus; ‘peym “UOLNEIS B Ws U2y8] 40 07 pausep Kyadorg © “sepunaiey pjos Aysadosd ayy jo saumo ayy 03 Pred aq [eye 31 aouejeg & aq aay? pinoys pus “suadxe jew ty sauinbar ewes yo auv> sadoad Jt “Ayadoad ayy Sururejuiew pue 20j Suuws JO pus esuadxa Aresvaseu sayj0 pue ‘ayes ‘Queulestsaape ‘a2tjou Jo asuedua oy) pus SAeys pyww © 10 ue pus ‘adeiow “aBessnwiap *yy3iay yo quawAed 242 0) JaLue2 ay) Aq poydde aq yeys uorda8 SY) 4epun apew ajew Aue jo wpeaccad ayy (a) “me, Aq pazuoyyne aq Aew ev szouuew ene Ut pus ssouT Uno Yons sapun Ayadoad ay) Yow 07 wondo ey ye s2uUs8> ayy jo 1y%u ay) afpuye of PNtisdel rus eydvsseavd pres ul paure}uos Buryyou yyy poute wi H “ejqiewod you mt Suiperosd wey wydesteaud om) ay) uy 405 poptavad asnpecsusd aya sum (p) PIM ot Atadosd ayy asajag waynhas souetipyp OUP JO wens WG) ee deUM Yt Uy “oA oy YeYS Ue pEoyIIOW Yone “Apsara oyi jo tet pooebetge ce pastes HW Bt eaten OF santas oy 40 Apsxtasd wy) yo puanyas ayy soume so J0UNMUOD 24) OF UOLwoytpuU 20) waased outs 8 UL “UMULAOM “4168 syynd su eywaged IM Ee. Pe png ate OO) @ttiee ay) joe “uUtywroUsep JUN) 40 GOR otajep yuaaaid 07 “uOIjasoip wy UE ‘Awu auaW> a4) “Apduid y anwow 7 prey eys p antase vy pe que ated 4: asUIEUOD pli su “Yt @ataral 0} Poliiue Auwd 40 seu%wuod Ky pownyas 51 BON EUSP 0} Jepunaiey paysodsues; useq wey 4oty™ Aysadoud ayquymsod asey ny (2) “uaa 20 jUa8 ‘payieu sem pewrejoun sulwules 40 pownjes sem Ayiadoid oy) 38y) eo1N0U prve 42YS O[¥8 JO BNOU jo VONSIYGAd ascjaq ~det) any [SY SKE OF SUL ‘CAGIAOU ‘P24ysiqnd & sadedsmau yons siaym sould yeoAwaU 40 a]e8 Jo a0") 943 2e WONe{NIZND JeL2UAl Jo © Wt ‘WHeem aammacons 208 241) £q parsuiisap oq Aeut ov soeid yons 98 “sappiq yeoySry 943 07 UoKIINE angnd 18 suLEE ey “s auaMd ayn ‘uaa 40 quae Ajnp uaeq eavy jyeys [SALE JO s21j0U Jaye BXkep cy Uy H UNB]2 20 Salsas 07 BIBS 9 BAIaDaZ 07 pej3t3Ue Aysed 40 aeuSrsu0s pews 40 ‘Ksaayep = wwdn 11 aataoas 0} pajynue Ayed 949 20 seusteuos Xq pesnyas s sapunaiay uoKsuNrsep 03 Pevodsues) use sey Yym Ayedoid equysuaduou asym (q) “yY o7-° yue; 242 03 yoefqns ‘saue> oui JO Sseutsng jo a28)/d 40 ssnoyasem “y0dap ‘18> “ay nyen ‘yavean uw Wey ag So apew vasa sey yt aalaoal & pajinua Ayed ay) 03 Ayadoid ay) jo Asaaljap JO sepuay ouny ye ‘peataoas you Aysadoud 20 ‘opeul useq sey LoNeUnSep ye Ksaxep soy Sisedosd > quaumaoed saye pus “uaatd 20 yuas Ainp Lacy sey (yodxa 40} pepuajut jt) y40dxa jo 310d ay) ye 20 uoNsUTysap 38 Aysedosd @y3 Jo [eAULE ay) Jo aoKNV0U 4eiy® *(pepracsd ‘“sepunassy Galuey> 22420 |}8 09 VOHEPPE Ut S8ZIwY> 401¥Ad}2 40j Way © 04 WD9/Qne 9q {BYs Pas2attap O8 JI pul ‘(zouSwUCD oY) 07 waar 0g []8YS Joal2y) B2NOU yduo1d pus) diysssUMmO 0} y20dGe0s wots eped pus pury SWEF 242 Jo WIeAS JayI0 YUM paoeld puw ‘paiaayap a1ay) #4 (pepeojun Apduiaid you @ y uay pus “‘uias2y paou Aeeaidxs semsayjo sequn) Kew ‘40)8a2}2 pasuacy 40 syqnd “prosiwd © wt azay) asaym yuiod * 0) peuSsu0D 4ING Ut UIEID “UoImarduio? Yons SuUN>SOId UI Skejap *IQEPlOABUN do UOI;EIAap 405 ajqueucdsal pjay oq you HEYs pus Burpsemso; 20 TNE SY Ul QIUMUSAUOS 4278014 10) SWS 243 Burssesdws0d jo ‘ysu pus 9802 umo Sit 38 ‘adajaud 043 aavy pjeys Jepunesay peysodsuesy oq 0} & £1274 401209 40 U0}}09 @1NO1 asoym 1000 4-44s8) YET “1802 £ s0UML Ye Zuljeg pue a¥esadoo> Aseesa3au 07 Defqns aq [yeys Aysedaud [18 ‘aouadi Zou SAME JO 1/884 24) Se pannba: @ ao1Vse8 YoNe ausym waong “¢ “20g “woasey? pred wnruisd oy) 40j JuBUE]> ay aeINquites JALI8) 24) IBY “GAGIAOUd :@ueinsut jo 63381)U02 20 Seyod 24) ploaw jou jeYs my) se 48} 08 ‘Ayadoud pres yo gun0208 ue 20 uodn “pray? vaeq aney Aeur 284} aoueansur Aue JO Weauag [Fy ay) aawy [yeYys Ayadord pies jo Aus 03 @Bewep 10 jo seo] Jo quN0I0" UO aqQey Aysed 10 suse Kuy (2) * wt wossay pe “Pht BUQUM Ur aonee one cee euin! S19NM “2N0U ey) ut payrseds yoauay) syed 40 qed Aue 40 WNE[D oy) PemojeRp eRY JauIED ayy rey) JwoUNED op 9 Pads) aUy Se ON t Buu WL aoNOU Uaym Aep ay) woy Aep euo pus Sivek omy uy Ajuo sae? Kus wunede paynziysut aq [jeys syns pus ipewduja sey Asaayap soy au MUPUONESS & oe CUO SUIU UIYQUM Way? “Asaaijap axeur 07 anyiey jo aveo ut “40 (yOdxa jo yod ye Asaatap saye SYIUOU SUTU UNAM “2yjE13 YOdxe Jo ae¥2 ayy UI ‘30) Aysadosd @yi jo “eouas eu Oj $1290 SFSWEP 40 S80] YONS YoU 40 4ayI2Ym “pasanor—s 2q 03 yunowe TT a 4 TUS pend JF eeBsey> yyBt2y enjd anjeA samo} Yone “peseq Hf 2701 24) YR1YMm UOdN BUSI 40 YOR SIYIEE]> ayy 4q Pouluezep se Kysadoid ay) Jo enyen paseaas ay) ~ * . « os" vodn pate uaeq sey s0 doddiys ayy Aq Sunum ul paquacada Used SEY SNjea [UNDE ULYR anjwA Jemo] B al2aym ‘muy Aq payiquyosd you wase> H® 4] ‘Vornwunsap jo Se ae ft. = yuetueliye Jo yuiod ay) usamjzeq aynai so saiuie2 Aus Aq Aysadaid pres pasmioy 03 Aywsacou yensXyd jo ave> ur s43u ey) aaey yeys saus8> Asaaq “yryedmp ajquucesas SST Pandaule so JayeW seynoed Aue 203 UIT) Ul 10 “Jaan 20 P1494 “ured “o[Npeyrs se[NIQIed Aue hq Lyadosd pres yodeuer 0; Punog @ 4018) ON (8) -g “30g ‘and | 1 TS af StUtye(NTSd JO ume] SuUNUEZENd ay) yutEsE aoejd Aue ojut 3281;U02 my Aq paiarc? Aysadoud #4) JO WOR Mpa! ey) Jo UoSEas Aq ‘hed 03 pannbas aq Kew “Res uuegenh Aq pauinbas we ‘asoymenjo so qodep eunuuaenb out waume yo asunlxa pues ytd yw parueyomp vy Aww Apsoduid ayy @ujuuavnd jo avs uy (>) a) Uspaws a4) pUe ‘Arias JO aBpuy ‘Kemymiy uw Jo Auvedear jo you] 20 ‘Aumyhiy ajqewwvdui so AYN; “UOIjINIQeYO AvmYMYy fq poenes A¥vLOP 40g 21Q¥Y 2q [KYS Pequomp wasey Aysadusd ayy yo Aue 40 11 Jo worwnawnod ut Ajsed 40 4aui¥2 ou ‘aouatysau @saui8) JO @xw2 ut ydaaKy “woyUL YS 40 JOU WOdy 40 “ua})02 03 eBeuup A1UN0d 40) 420 “Apaeduad oy) Ut ata ene wow ut Ayed 40 4211149 ayy jo aousty Seu jy aww ut ydaoxy ‘apww uae wey ‘jt aateoa4 ©) pelqwe Aued oy) 07 Aysdoud ay) jo AJ Aap Jo sapua) av “UOLywUIIEap Ie AZeatep 40) Arsetuad ay) jo Wueuisuid sayy pue “uaad 40 quae Atnp uaeq KY (y20dx2 40y pepuarut jt) yaodxa jo yod #y) 98 20 UOtywuNywap ya Aaduad 24) JO [UAL 04) Jo anjeU soe (poprwud “MEUM nOqasem Jo WY) ay TEYyR Ayyiquy ¥ AeUse) OYJ, “AAuyUUYY JwANjeU J0J 40 “sdUMY 40 saxtdiyy ay} jo ynwyap 40 228 94} 40 “may Jo AyuoYy NY 9y) “AwioUe sygnd 242 (pes jo Py ad) Aq omnes Aejop su oraseys aBuuup 40 joasayy wn] Aue 20) arquny aq [pvYys paquoxep wasay Aysadoid ayy yo Auw 40 |e jo UOopeamct ut Ajawd 40 sae oy (q) peprraid soyeunioy 8 adaone ‘aiey) aeuup 40 yuesay) wo, Aue 40} ME, UOUIUIOS IW We s1qer| aq [JwYyY Payursep UIalaYy Aysadasd ay) JO Aue jo uorsewod ui Aysed 40 seuss “UL (¥) “1 “22g SNOILIGNOD GNV SIWYSL LOVYLNOD S31Nw 8-001 NOILY S her LHSOI3Z8S YOLOW WWNOILYN ) ap I EDDEOESSS SSS ee Te HHALY Sey} JO BdeEU Ysey dus DYALLU BIUGdGJOd PUL SUUIVEINGAYYE yu UUicUuelUAY 404 CBE > . 3 POT UE pow oq 07 UONQVaS “GE D) Papusuiuios.y ,, ARS . os site eerasse tees sth wee wee ‘AWD sees + ORS COOS oo weeee 1e0N sees ees cceneees -secce - eenee ‘Woy wuddtyg jo bu Mppe Weel eas eve Se ae , Sy peeves idan enact escent ncavtnons casas ieantinenieenioanind ; 1a ‘yuosy tip tient (ies Ocsinbueteseenhe ts peapbeben bubecenieesecnebe Raebeceenyeb beans cadbuninsenccugumiasccc en soddiyg Po OSSSCN es nS CdES- 50:0 veceueeenes c6eseeseoesens weeee aad oO COP SOOC8 Cocseeccococcessecee-sseseesece ee sees Buipssoxa qou aq 03 tenses cons ge | aoddiys 043 €q pajuys Aypeoyisode Aqvaoy ey Ayaodoad OU) JO @N[VA pasusap 20 pray sy) ‘PAOIUBAPR sadUyD ‘Ayadosd ayy JO aNjwa paseyrap 40 prsdsy ayy 3unuM ul Aj[oytouds 33u)s 03 pounbas aav suoddiys ‘anyea uo jUopuodop st ayUs 9y) aay A\— 230) 2 ee 6 aoddieys a0 * 40018. : J] St a soyjaym aus Uys Burpyy jo qq ay) yey) saumnbau MB] OY) ‘49)8m Aq sate) & Aq syied Om UdIMIAY GIAOW Qusudiys sys J] | (prvdoid yunosuy au) Ayuo : + RCSA aR NTR en EMONELNSS) SRAM: LTCC IINeaMcGREseeooraer ee en BE aia REN aA at Sis jonohcerecads 12d . Josey 10 woody tena ce TERME Ten tee a Pit oe ee oa eL EP ORS Aaah eA ae ri oahad oon ep UeNmen gees NaNepe nok Tyorin eueenesn En ote n "UOS19Y Poquos -ap Ajiadoid ay) uo sadivyo CURES: Biccavepeiprrans 35% naa pect acces Ges eee Nk Re NTA SBE ° ay} JO puowAudoid ut Ajdde oj eanunioas Pe em ee em ee ee « Piedaig ey la Om RO Pn 8 piudvid aq 0} oe soSauyo J] (40U3isU0D Jo ainjyeUudIg) Miami ee Rel ona ok alee ro Tek emma Seta Coe ee Ce Ee fe ee MOY} JUsuIdIYys SIyy Jo Araat Da ia satel tel ts pecs eaten n POU RRRNNRRRCREES ececeeececacmeeny cece rasan canes Cee ee ee See oats *quaUIaIUyS Burarop fo Be a eee maaan cepiminaStenety tte ign nat peamcneesbuikesadetiidnlipegnithmiicin diate sii tae ME EELS “[9J 94} USIS JJuYs sOUdsUO. 94} ‘40USISUOI VY} UO ssanOdad yNO “YUM aaUudisuod ay} 0} pasaarop uunjog 70 (u0oNd01109 suondaoxq pus ‘eyavyy peyoodg satu sq 0} St quatdiys siyz yr ‘suo | yaoq9 40 Bu0]9 0} q2afqns) *82]IAY JO UOId9G0qg ‘aduyoug JO pury “youd “IPuOD JO L UOIDAg 0} yafqug WYBIIA ‘ON 3301S OOOH Oe Herm renerereressosecseseeeesceceseceses AO POPC PODS SEDS DOES SEs eeCEeee Toes ceccoceeeseoosececes 3239S 1) aautsuog (. £q pred Eo aeaine liar reensiahnorntaniaineennnttneseatlheotioialt dediialasaabciaiididagiilas ea a ee ‘es jaddiyg adavyo ‘ad ‘0 Fe 10} quad pue Seee ene nate SEND ERT DoDD ESD NS pelea eb uemneRa inns sbipepemeiignenaibuibinbbeaheabnaniadelses $ AIAIG uo Wa1j0D °* -« SO Peeererreseccocesescscessoce ON TOS Os CeeSCnes eccwcrscore cee eeceocesccceeseesceee jergtuy v9 10 apTyaa BFPO SR OSE UEREESST RS CS SHARA RENO OSEE SEU ERaRSROEEoEEeSnendnseandeawbedine renee Jaueg SuLlaatyeg BO er ere eee ee oe ey oe er Pee pair wn tonren aaah Rater anak caecanilsicompsitid claditievitolnicepe daitsaselimsieiecniececkesuuid ea Juyjnoy teeeere — SSesenhadedvapensenseuh acbeennsbestece 3703S het Permitted thos Pormumed et Pera uted Met Pore ined het Perarred 303 GENERAL COUNSEL’S EXHIBIT No. 18 a i i ch Tl te onl nal a on Lb ‘ul ‘ANVdWOD 4 OUldVHS TENWYS soicrzztome omer viaaieen Gear a ) Ajnz3 Azaa sinox | SWOLSND YOsA ONISOND GNV ONINSdO ONIGNIONI OUldVHS () SUSAISDAY (y’ ‘AG Aivd 34 OL SADUYVHD ASO HO ONITGNVH “IWNIWNYAL OUldVHS[] SUSAISO3Y (y “(AG divd 38 Ol ‘ANY dl ‘SAOUVHD ASvuUOoLsS AMINO SDIAURES ALVOWNVL #0TS' SL “ie ee ‘Foe “WA °M ‘XOTIV OTOP PZAPH on J/g QIGUYD NOINN OL| CENOISNOD SUSNIVLNOD UNTOTTTS WNTOTeS *sd 9¢ *HRU0D fszRU0D Z ~ 60€8°002 nIsn 6€00°%OZ NITSN , *sON *XQUO5 SJSIQGNVHOUAW AO NOLLdIYDS4aa SASVHIOVd SUSEWNN ONY SNUVW *worssassod 2noA ur 83394913 esvalazr JO syruzzed s9d sv ‘xaurva3s 2Aoqe 943 X92 ‘ssIpULyoIaUI p230UrJepUN 9y3 ‘zapzJ0 JO ISFSUCIY FINOPY 03 Aaarjap asvayd ppm nox ‘aS se9q ‘PW “esouns[eg ~ SaNIT Si LeUTUISL SUTIeN A TEpuNT TT “ON tag ‘s039edsuy 30 quady WMG MW AD HH sad *3°U 22O OFG0-6E8 (108) 'BNOHE €OSIe AGNVIAYVW ‘SYOWIL IVE “ON AWING SEOZ XOR ‘O ‘a vL/et/e CaAIVUV SUBGUYMUOSY ANY SYBNONa SWOLSND zeyoay *rS9uy dIHSWV2.LS ‘“ONI “OD 8 OU!ldVHS ISaNWYS a el ai TE ee ten ee ete ce te Re eee lee es 205 = eee amaree ONILNESEUd BwUOse wovsne Pars L L riz rene wZwno ‘ONI “OD 8 OUldWHS T3NWYS q sia ONIAVE! BUOI3BE OUIdVHS BNOHd ‘UBid LV ALINDIS410 MO SOVNVG dO BSVD NI ‘ATINABUVD SHUYN WOBHD N/vO6 dOWN #agu “°dz0D AoTTy HantTezyeq +799 "en *m ‘AOTTY *dz0D SpTqzey uoTtun FO suoTIONIAASUT UYZTM EOUepPAODOe UT eTpUeY eseeTyY ALPUMEVTIVAY NIVLYADSY OL dNMDid OL YO!INd ~OO¢26=G68e ANOHd ‘LNNODOV UNOA UOs SIOUVHD 3OvUoLS Z@ TUM ZUBHL BWIL HOIHM UBLav PL6T ‘OZ °Gea ‘*pom ‘Wed & SauldxX” BWIL 33u4 ‘3DNO Lv “INVH 3SV3d ‘S1aviivAY MON SI 3SIONVHOUSW SIHL WNTOTTTS wnToTes *so 9¢ °*H32uU0D *sxzQU0dD Z ONINZAOD SSNIT sn TeuTwrzsy suTzreW YATepunq IT NO w30uO AUZAINZG HOVLLY 3M TossuertL INOW OL "eT *qeq €0Z1Z ‘GW ‘SYONILIVE PL6ET PT *O9d OVSO-6ES (10€) "3NOHd SE€02 XOE ‘O ‘d SUsCUVMUCd GNV SYUsNOUG SWOLSND Cy ‘ONI “OO ¥ Old VHS ISNWVS :WOUs 4B l-of Arp? 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: , f : & Ye y a 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 vessels normally dock. A list shall be maintained of consolidation and distribution stations which are operated in viola- tion of the Rules for the information of all car- riers and direct employers. Any container con- solidated at or distributed from such facilities shall be deemed a violation and subject to the rules on stuffing and stripping. a 317 - 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 éontainers which are subject to stuffing or stripping by deepsea ILA labor. espsiohit : . 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 immedi- ately cease such violation and report the matter to the appropriate CONASA-ILA Container Com- mittee in its port. . 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. . 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. 318 GENERAL COUNSEL’S EXHIBIT No. 22D SECOND MEETING OF CONASA- ILA CONTAINER COMMITTEE DUBLIN, IRELAND January 25-29, 1973 The CONASA-ILA Container Committee reached agree- ment on the following: I. DEFINITIONS A. Warehousing A beneficial owner does not violate the Rules on Containers when he warehouses his goods in bona fide public warehouses under the following con- ditions: 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 ware- house storage fees for a minimum period of thirty or more days; and 3. The cargo is being warehoused (a) in the normal course of the business of the benefi- cial 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 warehousing of the cargo. This exception shall not apply where a cargo is warehoused for the purpose 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 deter- mine whether conditions 1, 2 and 3 have been met. 319 5. This definition is limited to containers ware- housed as provided in the above conditions and warehouse which does not conform to such conditions shall be deemed a distribu- tion station and treated accordingly. B. Beneficial Owner The beneficial owner is the ultimate owner en- titled 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 include a broker, distributor, consolidator, forwarder, trucker, warehouseman or the ultimate consumer. Il. INTERPRETATIONS “Enforcement of Rules on Containers” was adopted unanimously in accordance with the draft of January 8, 1973, copy attached. It was further determined that all _ exchange of information, including interpretations and _ lists would be disseminated from the CONASA office to all CONASA-ILA Container Committees in each port. Ill. HEADLOAD It was determined that where a single beneficial owner sends a container which contains all of his own car to a carrier’s pier and such container is not full, the carrier may chock this container with additional cargo and at arrival at an ILA port the carrier may strip the additional cargo with ILA labor and send the re- maining cargo to the beneficial owner. IV. The above Rules shall be effective as of Janua 29 1973 and shall remain in effect until the next ies meeting at which time they shall be reviewed 320 GENERAL COUNSEL’S EXHIBIT No. 22E 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 its meetings of January 25-29, 1973. No person 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 request of members of one of the CONASA Port Associations or an official of an ILA Local Union. Interpretations and clarifications will not be issued to any party not coveved by the various Collective Bargaining Agreements. Re- quests, in writing, for clarifications and interpretations 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: . 321 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 (includ- ing 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 ex- tending 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 geographical area of any port in the North At- lantic 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 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 consignee (or after being received from a shipper and while awaiting the arrival of a ship), for the purpose of reducing the work jurisdic- tion of the ILA or any of its crafts (and when adequate physical space exists on the facility for storage of such containers), such use is deemed to be batching and is a violation of the CONASA-ILA contract. I 322 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: * * * * 2. The beneficial owner pays the normal labor charge 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 con- templated to such transfer of title will not take place for at least 30 days after the warehousing of the cargo. This exception shall not apply where cargo is warehoused for the purpose of avoidance or evasion of Rule 1. 4. The beneficial owner furnishes all documentation and other information which permits the Container Committee in the port to determine whether con- tions 1, 2 and 3 have been met. 5. This definition is limited to containers warehoused as provided in the above conditions and any ware- house 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 hut it does not include ee ae 323 a broker, distributor, consolidator, trucker, forwarder, 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 ben ports shall be performed at a pier by deepsea ILA abor. 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 deepsea ILA labor and cargo shall be stuffed into a’ dif- ferent 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 con- tainers 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 containers of inbound cargo an? including a forwarder who is either a consolidator or a distributor. No carrier or direct 324 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 vessels normally dock. A list shall be maintained of consolidation and distri- bution stations which are operated in violation of the Rules for the information of all carriers and direct employers. Any container consolidated at or distrib- uted 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 sub- ject to stuffing or stripping by deepsea ILA labor. 4, All carriers will distribute to all other carriers any and all informatioin 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 violation and report the matter to the appro- priate 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 Container Rules will have service supplied to it by any direct empfyer and the ILA will not supply labor to such facility. 325 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. 326 GENERAL COUNSEL’S EXHIBIT No. 22F Basic rule is that containers may move without strip- ping by ILA labor if the containers move House to House. Any diversion to trucker, distributor, consolidator, broker, forwarder is prohibited. Use of warehouse by beneficial owner is limited as per warehouse rule. Rule applies to export and import. Use of warehousemen as distributor is specifically prohibited. 327 GENERAL COUNSEL’S EXHIBIT No. 23 UNITED STATES LINES, INC. P.O. Box 1775—Baltimore, Md. 21203 (301) 285-5200—Cable: Seapost May 29, 1974 Mr. Cletus Houff Houff Transfer, Inc. P. O. Box 91 Weyers Cave, Va. 24486 Dear Mr. Houff: Per our previous correspondence and our recent tele- phone conversation, please be advised that our appeal to the Container Committee has been rejected, the violation has-been re-affirmed, and we have been assessed the fine of $2000 as originally stipulated. For your reference I have attached copies of corres- pondence from the Steamship Trade Assoc. pertinent to this matter, as justification for our approach to you for your consideration in settling the monies involved. Also enclosed is our invoice covering the liquidated damages for the adjudicated violation. You indicated to me, when you visited Baltimore, that you would act upon this matter when you received our invoice subsequent to the payment of the fine. Herewith, therefore, I would anticipate your response within ten days in order that further action on our part may not be necessary in order to protect the interests of U. §. Lines in our relations with Houff Transfer. Very truly yours, /s/ George L. Maier GEORGE L. MAIER Port Manager Enclosure 328 INVOICE Houff Transfer Inc. P. O. Box 91 24486 ble esata Taig Date May 29, 1974 Inv. No. UNITED STATES LINES, INC. DUNDALK MARINE TERMINAL P. O. BOX 1775 BALTIMORE, MARYLAND 21203 For Container fines paid in violation of delivery of Con- tainers: 200-830-9 204-003-9 $2,000.00 329 GENERAL COUNSEL’S EXHIBIT No. 24 UNITED STATES LINES, INC. One Broadway, New York, N. Y. 10004 (212) 344-5800 Cable: Seapost July 12, 1974 Registered Mail Return Receipt Requested Houff Transfer Inc. P. O. Box 91 Weyers Cave, Virginia 24486 Att: Mr. C. E. Houff Dear Mr. Houff: In light of recent developments and subsequent to dis- cussions which were held between yourself and Mr. George Maier, Manager of our Baltimore office, this letter will serve as our notice of cancellation of Interchange Agreement between Houff Transfer and United States Lines dated 18 March 1970. As per the tenth paragraph of the above agreement, we are hereby giving you ten (10) days written notice of termination. The above agreement will therefore be null and void as of July 22, 1974. Termination of this agreement relieves you in no way from your obligation to return to United States Lines any and all equipment you may have in your possession be it United States Lines owned or leased equipment, neither will it effect your obligation to settle any invoices which may be outstanding at this point. We regret having to take this action but recent events have left us no alternative. Very truly yours, /s/ Klaus W. Edler KLAUS W. EDLER Manager Interline and Leasing KWE:cs ec: Mr. G. Maier/USL-BALTIMORE _) a™eboes. BITS Cinctbed rads S40 ssid pos 330 GENERAL COUNSEL’S EXHIBIT No. 25 UNITED STATES LINES, INC. P.O. BOX 3066 Norfolk, Virginia 23514 (804) 489-2800 Cable: Seapost February 6, 1975 Mr. Frank E. Miller General Manager Augusia Cooperative Farm Bureau, Inc. Route 4, Box 101A Staunton, Virginia 24401 S/S American Ace Voy. 47 Discharged Norfolk January 5, 1975 Dear Mr. Miller: We acknowledge your letter of January 28, returning our container demurrage invoice in the amount of $200.00. Invoice covered two containers which arrived aboard the above vessel consigned to Augusta Coopera- tive Farm Bureau. A complete and thorough investigation into this invoice reveals the following: Prior to arrival of the vessel, W. M. Stone & Co. were advised. Containers were discharged from the vessel. on January 5 direct to chassis and ready to move. Customs release granted January 9. On January 10 delivery order was presented to this Office which indicated Houff Transfer as the carrier. Houff Transfer had not signed an interchange agreement with our Company, and we could not release our equipment to Houff. At 10:20 AM on January 10, W. M. Stone & Co. was advised that Houff was not acceptable and to select another carrier. Our records indicate W. M. Stone again reminded on January 13. On January 15 a second delivery order was received, indicating Wilson Trucking Corporation as carrier. Our release was then hand carried to the ter- minal, indicating our approval of Wilson Trucking and releasing containers. on 331 Terminal records indicate Wilson Trucking advised on : a 15 and picked up containers on J anuary 16, We are allowing copy of this letter to W. M. Stone & Co. and request they advise you why they delayed from Jan. 10 to Jan. 15 selecting a suitable carrier. The tariff under which these containers moved re- quires us to bill and collect demurrage when containers remain on the pier beyond the free time allowed. Our actions are policed by the Consolidated North Atlantic Conferences, and we are subject to fine if we do not abide by the rules of the tariff. We have no choice but to return our invoice to you and request payment. Container demurrage must be billed to the consignee of the merchandise. Trust the above satisfactorily explains our position. Very truly yours, UNITED STATES LINES, INC. /s/ F. W. Babb F. W. BABB Port Manager F WB :ev Att. cc: W. M. Stone & Co.—Norfolk Mr. J. Lee—Norfolk 332 UNITED ROPE (HOLLAND) DISTRIBUTORS, INC. Baler and Binder Twine 4524 Excelsior Blvd. ® Minneapolis, Minnesota 55416 Telephone (Code 612) 920-3240 December 30, 1974 JOS. URISTA. VICE PRES. SUBSIDIARY OF UNITED ROPEWORKS ROTTERDAM, HOLLAND Augusta Cooperative Farm Bureau, Inc. Route 4, Box 101-A Staunton, Virginia, 24401 Attention: Mr. C. C. Bowman Dear Mr. Bowman: Confirming our today’s phone conversation, we are ex- pecting your twine order to arrive in Norfolk about Jan- uary 4th in two 40 foot containers aboard a vessel called the AMERICAN ACE. The quantities of twine in the containers are indicated below: No. of Container No. Bales Type of Twine USLU 419002-2 1,000 Exeello Baler Twine (231’) USLU 420275-6 — 500 Excello Baler Twine (231’) 500 Excello Baler Twine (257’) 50 Holland Prime Std. Binder Twine (550’) Our customs broker in Norfolk is W. M. Stone and Com- pany and we talked with Mr. John Strohmeyer of that company who is the man who handles our account. Mr. Strohmeyer will call Houff Transfer to haul the two containers of twine to your place of business in Staunton as soon as the twine has been cleared through U. S. Customs. 333 We instructed Mr. Strohmeyer to have Houff Transfer call you the day before they make delivery to you so that you are prepared to unload the twine from the con- tainers. Twenty-four hours after the containers have been delivered, Houff will return to pick up the empty containers and return them to Norfolk. Enclosed is a copy of our order release No. 5373, the original of which we have sent to W. M. Stone and Company in Norfolk. In accordance with our discussion, Houff will collect for the hauling charges from you. Mr. Strohmeyer says that these freight charges are expected to be the same as if the twine were not in containers. However, if the rate should be higher than normal, we authorize you to bill cur com- pany here in Mineappolis for any excess freight involved. In the event you should want to talk with Mr. Stroh- meyer, the phone number of the Stone Company in Nor- folk is 804-622-3203. Thank you very much, Mr. Bowman and please call either Mr. Strohmeyer or ourselves if any questions or problem should arise. Very truly yours, /s/ C.D. Kranz C. D. KRANZ CDK :mh Encl. 834 GENERAL COUNSEL’S EXHIBIT No. 26 LAVINO SHIPPING COMPANY 82 SOUTH STREET BALTIMORE, MARYLAND 21202 [Emblem] Steamship Agents Head Office Stevedores Philadelphia, Pa. Chartering Brokers icceniiiiies Terminal Operators Baltimore, Md. Cable “LAVSHIP” Norfolk, Va. All Standard Codes Newport News. Va. Tel. 301 685-6068 Pittsburgh, Pa. TWX: 710 234-1093 Wilmington, Del. March 11, 1974 Houff Transfer Company 2720 Annapolis Road Baltimore, Maryland 21230 Ref: M/V “NEW JERSEY MARU” Container #A0972 Gentlemen: The I.L.A. Container Royalty Fund has filed charges against our Principals, N.Y.K. Line, stating that on February 19th you picked up container #A0972 for delivery to Merck & Co., Elkton, Virginia. They maintain that said container was stripped by you and observed again at your terminal in the same day it was picked up. If such is the case this is a violation of the Container Agreement, and the I.L.A. is seeking liquidation damages of $1,000.00. Please furnish us with proof of delivery of this partic- ular container to Merck & Co. in Elkton, Virginia, and if you are unable to supply such proof and in the event penalty in the amount of $1,000.00 is assesed, we as agents for N.Y.K. Line will look to you for payment of. If you refuse to pay any penalty that might be assessed, we are suggesting to our Principals as well as other mem- 335 bers of the Steamship Trade Association, that your Inter- change Agreement for all line services at Baltimore be terminated. # he part of Yours very truly. LAVINO SHIPPING COMPANY /8/ J.T. Eustace J. T. EUSTACE Vi ~ JTE /thd ice President ec: N. Y. K. Lines, Ine. New York, New York 336 GENERAL COUNSEL’S EXHIBIT No. 27 LAVINO SHIPPING COMPANY 82 SOUTH STREET BALTIMORE, MARYLAND 21202 [EMBLEM ] Steamship Agents Head Office Stevedores Philadelphia, Pa. Chartering Brokers : Branches Terminal Operators Baltimore, Md. Cable “LAVSHIP” Norfolk, Va. All Standard Codes Newport News. Va Tel. 301 685-6068 Pittsburgh, Pa. TWX: 710 234-1093 Wilmington, Del. March 25, 1974 Houff Transfer, Inc. P. O. Box 91 Weyers Cave, Virginia 24486 Attention: Mr. C. E. Houff President Ref: M/V “NEW JERSEY MARU” Container A0972 Gentlemen: Reference is made to your letter of March 23rd in which you said you enclosed Proof delivery as requested in our letter of March 11th. Unfortunately since it was a photostatic copy, we cannot make out the name of the receiver. It appears to be some plant, but the signature obliterated the name. Please advise the name of the plant that received these 80 drums? Incidentally, a meeting was held at the Steamship Trade Association and at that time the Container Com- mittee, represented by the ILA Members, stated that they went to your Terminal in Baltimore and found this container and talked to your Terminal Manager. He said 837 it was to move out over the road that night to its destina- tion in Elkton, Virginia. They asked the Manager to open the container to insure that the contents were intact. According to the ILA, when it was opened it was empty. Can you refute the statement of your Terminal Manager? Yours very truly. LAVINO SHIPPING COMPANY /s/ J.T. Eustace J. T. EUSTACE Vice President JTE/ldh ec: Mr. H. Bieg Traffic Manager N. Y. K. Line, 338 GENERAL COUNSEL’S EXHIBIT No. 28 STEAMSHIP TRADE ASSOCIATION OF BALTIMORE (INCORPORATED) 32 South Street Baltimore, Maryland 21202 752-4913 May 15, 1974 Mr. James Eustace Lavino Shipping Co. 32 South Street Baltimore, Maryland 21202 Dear Mr. Eustace: RE: Container Case 5-74, NYK Lines, Container #A0972. The above-captioned Container Case 5-74, brought about by the Union letter dated February 20, 1974, was discussed at a meeting of the Joint Container Committee on May 10, 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 No. A0972 for delivery to Merck & Co., Elkton, Va. Said container, however, was stripped by Houff, and observed empty at their terminal on the same day picked up.” This leter is to notify Lavino Shipping Company that the case against the company was resolved in favor of the Union and a fine of $1,000 was assessed since there was a violation of the container 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 $1,000, representing the fine assessed against the container named above, with the understanding that, as per contract language, “if the carrier does not pay the liquidated damages within 30 339 days... . the I.L.A. shall have the right to step working such carrier’s containers until such damages are paid.” Very truly yours, STEAMSHIP TRADE ASSOCIATION OF BALTIMORE, INC. /8/ James M. Fortune, JAMES M. FORTUNE, Managing Directo JMF/ce _ . cc: Messrs. Green & Parrish 340 GENERAL COUNSEL’S EXHIBIT No. 29 January 16, 1975 Houff Transfer Company 2720 Annapulis Road Baltimore, Maryland 21230 Gentlemen: Attached is copy of a letter dated May 15, 1974 from the Steamship Trade Association of Baltimore addressed to this office as Agents for N.Y.K. Lines assessing a penalty of $1,000.00 by reason of your having picked up an N.Y.K. container #A0972 for delivery to Merck & Company, Elkton, Virginia and the stripping said con- tainer at your Terminal. This is a violation of the contract with the ILA and our principles had no choice but to pay the $1,000.00. Upon instructions from our principals, we had no alternative but to suspend your Trailer Inter-Change Contract until such time as our principals have been re- imbursed for the $1,000.00 already paid. If there is any additional information you require, please feel free to call us. es Yours very truly, LAVINO SHIPPING COMPANY James T. Eustace Vice President JTE:dmv Enc. ec: Mr. Henry Bieg, N.Y.K. Lines, New York 341 January 16, 1975 STA-ILA Container Royalty Fund 218 Chamber of Commerce Building Baltimore, Maryland 21202 Gentlemen: RE: Container Case #5-74 Enclosed is our check #7443 in the amount of $1,000.00 covering the penalty assessed on the subject case. Our principals, N.Y.K. Line, feel very strongly about paying this fine and we quite agree with them. Despite our repeated requests that when the Container Commit- tee discovers what they believe to be a violation against one of our lines, they still do not call this office so that we can make an on-the-spot investigation. We see no reason why this simple request can not be granted and by this letter and previous letters, want it to go on record that in all future instances we are to be notified immediately by your investigators of any sus- pected violation. Your very truly, LAVINO SHIPPING COMPANY James T. Eustace Vice President JTE:dmv Enc. ec: Mr. Anthony A. Abato, J r., Atty. Mr. William J. Detweiler, S.T.A. of Baltimore Mr. Henry Bieg, N.Y.K. Lines, New York wy. 342 January 14th, 1975 Received of LAVINO SHIPPING COMPANY ONE THOUSAND AND «0.05.5. esac 00/ ase PENALTY—CONTAINER CASE 5-74, NYK LINES, CONTAINER #A0972 $1,000.00 STA-ILA CONTAINER ROYALTY FUND 343 GENERAL COUNSEL’S EXHIBIT No. 30 LAVINO SHIPPING COMPANY 32 SOUTH STREET BALTIMORE, MARYLAND 21202 [EMRLEM] Steamship Agents Head Office ~ Stevedores Philadelphia, Pa. Chartering Brokers : Branches Terminal Operators Baltimore, Md. Cable “LAVSHIP” Norfolk, Va. All Standard Codes Newport News. Va. Tel. 301 685-6068 Pittsburgh, Pa. TWX: 710 234-1093 Wilmington, Del. March 8, 1975 Houff Transfer Company 2720 Annapolis Road Baltimore, Maryland 21230 Gentlemen: Please refer to our letter of J anuary 22 in which we enclosed our invoice #1185M in the amount of $1,000.00 covering the penalty assessed by the I.L.A. by reason of your stripping a container in violation of their agreement. To date, we have not received your check and would appreciate your investigating and ad- vising when payment can be expected. Yours very truly, Lavine SHIPPING COMPANY /s/ James T. Eustace JAMES T. EUSTACE Vice President JTE:dmyv ec: Mr. Henry Bieg, N.Y.K. Lines, New York 344 GENERAL COUNSEL’S EXHIBIT No. 31 March 14, 1975 Lavino Shipping Company Attn: Mr. James T. Eustace, Vice President 32 South Street Baltimore, Maryland 21202 Re: - Your letter of March 3, 1975 Houff Transfer Company 2720 Annapolis Road, Baltimore, Maryland 21230 Dear Mr. Eustace: of your letter of March 3, 1975 has been for- pa to this office. It pertains to your invoice #1185M in the amount of $1,000.00. Your letter indicated that this was a penalty assessed by the ILA. by reason of your (Houff Transfer Company) stripping a container in violation of their agreement. I would appreciate your advising the basis on which I.L.A. assessed the $1,000.00 penalty against Houff Transfer. Your prompt reply will be appreciated. Very truly yours, M. BRUCE MORGAN MBM/1f BC: Houff Transfer, Inc. P. O. Box 91 Weyers Cave, Va., 24486 345 GENERAL COUNSEL’S EXHIBIT No. 32 LAVINO SHIPPING COMPANY 32 SOUTH STREET BALTIMORE, MARYLAND 21202 [EMBLEM ] Steamship Agents Head Office Stevedores Philadelphia, Pa. Chartering Brokers Dietitian Terminal Operators Baltimore, Md. Cable “LAVSHIP” Norfolk, Va. All Standard Codes Newport News. Va. Tel. 301 685-6068 Pittsburgh, Pa. TWX: 710 234-1093 Wilmington, Del. March 17, 1975 Mr. M. Bruce Morgan 201 Azar Building Glen Burnie, Maryland 21061 Ref: Our letter of March 3, 1975 Houff Transfer Company 2720 Annapolis, Road, Baltimore, Maryland 21230 Dear Mr. Morgan: Reference is made to your letter of March 14, 1975 pertaining to the subject matter. For your information we enclose copies of correspondence exchanged between this office and Houff Transfer, the Steamship Trade As- sociation Container Royalty Fund, the attornies for the Steamship Trade Association-ILA Container Royalty Fund, all of which confirm that Lavino Shipping Com- pany was fined $1,000.00 for a violation of the Container Agreement. Since Houff is not a member of the Steamship Trade Association, a penalty was asessed against his office which is a member. Houff is well aware that when they pick up a container from one of our ships, that it is not to be stripped, that is its contents removed and placed in an- 346: other truck, but is to be delivered intact to its destinaton. Houff has been an offender in the past, and United States Lines have had the same problem with this outfit. Since we have absolutely no control over what Houff did, and the fact that the investigators for the ILA found the empty container at Houff’s Terminal the same day it was picked up from the pier we had no alternative but to pay the fine or our bond would have been charged. We think under the circumstances, Houff should be liable for the penalty assesed against this office. Yours very truly, LAVINO SHIPPING COMPANY /s/ J. T. Eustace : J. T. EUSTACE Vice President JTE/ldh Enc. 347 GENERAL COUNSEL’s EXHIBIT No. 36 UNIFORM INTERMODAL INTERCHANGE AGREEMENT 348 UNIFORM INTERMODAL INTERCHANGE AGREEMENT Preamble : The Carrier named below, owning or operating equip- ment for intermodal interchange service, agrees, jointly and severally, with each and all other Carrier Sub- scribers executing a counterpart of the Agreement, to be bound by the provisions of this Agreement and subse- quent amendmenis or revisions thereof, governing the interchange and use of, repairs to, and settlement for, equipment used in intermodal interchange service, when interchanging equipment with other Carrier Subscribers. This Agreement may be terminated by sixty (60) days advance notice in writing filed with the Intermodal In- terchange Executive Committee. IN WITNESS WHEREOF, this agreement has been signed this ——- day of ————— 19-—, by the duly au- thorized representative of the common carrier herein- after designated. SN won kas Kaleb ee eee dae eae be eked hakwnt « DN eee GA tak $9 5 x eee’ RS is ck Fn bee ae hee IND; RR 0 ee ee ta meeaae is eoeeeveveeeeeeeeeeeeeeeeeeeeeeeeeeee County State Zip Code 6 IIIs | nis 33 os hs cares eRe es = r (Individual, partnership or corporation ) If a Corporation: State In witlel Ormanineds 2... 6c cece tien ess CRN Aes NS ies eae OE Seer sive If a Partnership: Date of formation of partnership: ................ ee Oe I, eke chs fee ede swe es a Certificant No. (If Applicable): .................... Accepted this .......... gee ae a8... 349 UNIFORM INTERMODAL INTERCHANGE AGREEMENT Preamble The Carrier named below, owning or operating equip- ment for intermodal interchange service, agrees, jointly and severally, with each and all other Carrier Sub- scribers executing a counterpart of the Agreement, to be bound by the provisions of this Agreement and subse- quent amendments or revisions thereof, governing the interchange and use of, repairs to, and settlement for, equipment used in intermodal interchange service, when interchanging equipment with other Carrier Subscribers. This Agreement may be terminated by sixty (60) days advance notice in writing filed with the Intermodal In- terchange Executive Committee. IN WITNESS WHEREOF, this agreement has been signed this day of ——_—— 19—, by the duly au- thorized representative of the common carrier herein- after designated. SS ise ee ai ee Fear Re kad Se AIRE, Title: Business Address: Na a BIT i Se ee ee ee a a a ee eS Se = S22 Oe 2S 20, rd. 0-056 06 8 0 eo eC bo ee (Individual, partnership or corporation ) If a Corporation: State in which organized: Date of incorporation: If a Partnership: Date of formation of partnership: are Certificant No. (If Applicable): .................... Accepted this .......... Gnpet ...5.... 19... i 7 ee © 8 SS ee 8 6 6 6 6 8 ec (Secretary) Return to EIA Headquarters 350 DEFINITION OF TERMS Where the following terms appear in this Agreement they shall have the meaning indicated: 1. AGREEMENT —A term referring to this Uniform Intermodal In- terchange Agreement. SUBSCRIBER —A Carrier who is signatory to this Agreement. OWNER —A Subscriber Carrier to whom title to equipment has been issued or who, as lessee, has the right to exclusive use of equipment. EQUIPMENT —tTrailers, containers, chassis, bogies and compo- nent parts thereof. USER —A Subscriber Carrier in possession of equipment. DELIVERING CARRIER —A Carrier offering equipment to another Carrier. RECEIVING CARRIER | —A Carrier accepting equipment from another Carrier. USE CHARGE —The agreed daily rate paid for equipment. INTERCHANGE POINT —An agreed location where two or more carriers receive and/or deliver equipment. 10. 11. 12. 13. 351 INTERCHANGE —The transfer of equipment from one carrier to another carrier, consummated when the equipment interchange receipt and safety inspection report form is executed by such carriers. REGISTER —Publication containing listings of equipment ac- cepted by the Intermodal Interchange ' Executive Committee. INTERMODAL INTERCHANGE EXECUTIVE COMMITTEE —A Committee, comprised of a Secretary designated by each of the subscribing modes of transportation. SECRETARY —Designated individual charged with prescribed duties. en titi Talhah 4s CL Ste Sg ae aI Ree ree Note ee 352 PART I TERMS AND CONDITIONS 1. GENERAL 1.1 1.2 These Terms and Conditions are formulated for the fair and proper adjustment of all ques- tions concerning the interchange and use of, repairs to, and settlement for equipment when such equipment is interchanged between two or more modes, except when such equipment is being transported as lading. These Terms and Conditions shall not be construed as govern- ing interchange between Carriers of the same mode, except that if any conflict shall appear between these Terms and Conditions and com- parable rules governing interchange between Carriers of the same mode, these Terms and Conditions shall take precedence whenever such interchange takes place as part of an inter- modal movement subject to the Agreement. If a Subscriber interchange equipment to a non-Subscriber, the Subscriber will be respon- sible for the performance of all terms of this Agreement in the same manner as if the equipment were in the possession of the Sub- scriber. 2. ADMINISTRATION 2.1 2.2 2.3 The Subscribers consent to the establishment of an Intermodal Interchange Executive Com- mittee to administer this Agreement. Each mode will be represented by a Secretary. A list of Subscribers shall be issued period- ically by the Intermodal Interchange Executive Committee. 353 3. RECEIPTS AND REPORTS 3.1 At the time of interchange an authorized rep- resentative of each Carrier shall execute, in multiple copies as the parties may require, an equipment interchange receipt and safety inspection report form, and the parties shall be bound by the notations thereon. 4. USE OF EQUIPMENT 4.1 4.2 Responsibility of User in Possession of Equip- ment. a. User shall have the right of complete and supervision of equipment while in its posses- sion and shall be responsible for returning the equipment in the same condition as re- ceived, ordinarly wear and tear excepted. b. In the absence of instructions from Owner, or agreement to the contrary, when equip- ment in interchange service is unloaded, it will be the responsibility of the User to promptly return such equipment to Owner or to Carrier from which received at the point received. ec. The Owner or Receiving Carrier will promptly accept the return of empty equip- ment. | d. The cost of decontaminating equipment that has been loaded with contaminating com- modities shall be the responsibility of the User who loaded, or arranged for the load- ing of, such equipment. e. All dunnage, debris, etc. shall be removed prior to the return of empty equipment. Adjustment or Transfer of Lading a. Adjustment or transfer of lading shall be the responsibility of the Delivering Carrier: 7 Pe ht ee bo ee - 354 (1) when required at point of interchange due to defective equipment which can- not be readily repaired; (2) when due to overload in violation of Item 4, Section A, of Part II of this Agreement. b. If the Delivering Carrier fails to adjust or transfer a lading where required Receiving Carrier may cause transfer to be made at expense of Delivering Carrier. 5. DAMAGE 5.1 5.2 In the event equipment is damaged after be- ing received in interchange, the User in pos- session at the time the damage occurred shall, by repair, maintain owner’s standards, and material applied must be of similar quality and type as material removed. Repairs, when completed, are subject to acceptance by equip- ment owner. In the event of failure of such User to make such repairs it shall, neverthe- less, be responsible for the cost thereof. If the estimated cost of the foregoing repairs ex- ceed $100, the consent of the Owner shall be obtained by the User before it causes the re- pairs to be made. In the event a Subscriber delivers equipment to a Carrier not a party to this Agreement the Subscriber will be responsible to the Owner for damage to the equipment. 6. REPAIRS AND BILLING 6.1 In the event equipment shall require repairs before being accepted in interchange, Deliver- ing Carrier shall be responsible for the cost of repairs. Receiving Carrier may cause re- pairs to be made and bill Delivering Carrier 6.2 6.3 6.4 355 for the cost thereof. If estimated cost of fore- going repairs exceeds $25, consent of Deliver- ing Carrier shall be obtained before it causes repairs to be made. In the event of repairs necessitated by defec- tive equipment, User shall make such repairs as may be necessary; provided, however, that the User shall secure the approval of Owner before making any repairs, the estimated cost of which will exceed $100. When the cost of repairs necessitated by defective equipment is less than $25, the User shall make the repairs at its own expense. When the cost of repairs exceeds $25, the Owner shall be responsible for the entire cost thereof and User shall be promptly reimbursed. Ordinary maintenance and other service ad- justments occasioned by ordinary use in inter- change will be: a. Absorbed by User when cost thereof does not exceed $25. b. Billed to and borne by Owner in entirety when cost exceeds $25. e. Authorized by the Owner prior to com- mencement of repairs when estimated cost exceeds $100. d. Billed to the Owner by User within 90 days after repairs have been completed, unless otherwise agreed upon. Billing must include owner marks or alpha code and equipment number, chassis number, date and location where repaired, and all details concerning items of repair. Unless otherwise provided, material used in making repairs shall be charged for at cur- rent market prices, which shall be the invoice : ¥ f » f 6.5 356 price plus commercial freight. However, when repairs are made in commercial shops or out- side repair facilities the actual amount in- voiced for such material and labor must be used. When repairs are made by User, labor shall be charged on the basis of actual time consumed in making repairs but shall not exceed pre- vailing labor costs. 6.6 Wrong Repairs a. Where Owner ascertains that wrong repairs have been made, the User responsible must assume full cost of correcting wrong repairs. Owner must furnish to User a list of wrong repairs and cost estimate prior initiating corrective repairs. If User does not respond within ten (10) days after notification, in- forming Owner of acceptance of estimate or the name of representative authorized to make inspection of alleged wrong repairs, Owner may proceed with repairs. b. Where serviceable material not standard to equipment is removed by Owner and, upon notification, the Carrier responsible for the wrong repairs elects to have such material returned, shipping instructions must be fur- nished within thirty (30) days accepting bill for freight charges (collect), otherwise, such material may be treated as scrap. 7. SETTLEMENT FOR LOST, STOLEN OR DESTROYED EQUIPMENT 7.1 In the event equipment is lost, stolen or de- stroyed while in possession or control of User, the User agrees to reimburse the Owner an amount equal to the depreciated book value of said equipment as of the date it was lost, stolen or destroyed. 7.2 7.3 7.4 8. USE 8.1 8.2 8.3 8.4 357 Owner shall, within thirty (30) days after receipt of the written notification, secure and furnish to the User a written statement of the book value of the lost, stolen or destroyed equipment, including component parts. Book value shall be the basis for fixing the value of the equipment, and of component parts, such as refrigeration units, chassis, LPG generators. Book value shall be determined for the equipment and any compent parts, less ten per cent salvage value, by utilizing the straight line depreciation method, with esti- mated ten (10) year life. Settlement shall be made within sixty (60) days after User has been furnished a written statement of the depreciated book value of the equipment lost, stolen or destroyed. CHARGES—SPECIAL APPLICATION When equipment is damaged and reported to the Owner under Part I, 5.1 of this Agree- ment, use charge will cease from date of origi- nal notification until repairs are authorized or disposition furnished by Owner. If the Owner requests equipment be sent home for repairs, User will initiate return of equip- ment within ten (10) days after notice is re- ceived; otherwise, use charge shall be rein- stated. Use charge shall not be paid by an inter- mediate User on equipment returned home under Section 8.2. Equipment moved home under this rule shall be so indicated on move- ment document. If, on receipt from Owner of depreciated value, User decides to repair or send it to the Owner for repairs, the use charge shall con- tinue from the date of original written noti- fication to Owner as lost, stolen or destroyed. 8.5 8.6 8.7 8.8 8.9 358 When equipment is lost, stolen or otherwise unreported and no use charge allowed or in- terchange record received, claim for such use charge shall be presented to the User last in possession of the equipment. A Subscriber to this Agreement failing to ac- cept promptly from another Subscriber equip- ment billed to or via that Subscriber, shall be responsible for use charge on equipment so held for delivery. The Subscriber in posses- sion of equipment shall notify the delinquent User daily, prior to midnight. through the designated representatives at the point where equipment is offered, of the total number of units so held for it, and within forty-eight (43) hours from midnight of the day equip- ment if offered, furnish the initials and num- ber of equipment so held. In case a party to this Agreement delivers equipment to a Carrier not a party to this Agreement, the Subscriber will be responsible for use charges. When equipment has been reported to the Owner as lost, stolen or totally destroyed, the use charge shall cease on the date Owner is notified. In the event that a claim presented by the Owner is not adjusted and no use charge al- lowed or interchange record received subse- quent to the period of the claim, the Owner shall present a bill for the depreciated value of the equipment to the User last reported as having received it. Such a bill may be pre- sented only after six .(6) months from the last day of the month in which use of the equipment was reported. The User bill will be responsible to the Owner for use charge up to the date of the statement. 359 8.10 Settlement of bill referred to in Section 8.9 shall be made within thirty (30) days from the date of presentation. However, in the event equipment is restored to serviceable con- dition prior to the expiration of this thirty (30) day period, the Owner shall accept use charge from the User billed from the date of original interchange receipt and cancel his statement. 9. USER LIABILITY FOR THIRD PERSONS OR THEIR PROPERTY 9.1 The User, while in possession of interchange 9.2 equipment, releases and agrees to defend, in- demnify and hold harmless the Owner, and any providing or intermediate Carrier fur- nishing said equipment, from and against any and all loss, damage, liability, cost or expenses suffered or incurred by the Owner, and any providing or intermediate Carrier, arising out of or connected with injuries to or death of any persons or loss of or damage to property of other persons arising out of the User’s use, operation, maintenance or possession of inter- change equipment. Insurance a. A Subscriber shall have in effect, and at- tached to its policy of liability insurance, a Uniform Endorsement covering its legal liability, including any liability assumed under the provisions of 9.1, with limits of no less than $250,000/$500,000 for Bodily Injury and $250,000 for Property Damage, or single limit Bodily Injury and Property Damage of at least $1,000,000. b. Subscribers that are self-insured and so recognized by the Interstate Commerce Com- mission, the Federal Maritime Commission, or other appropriate regulatory agencies, eee eae 360 shall comply with respect to policies of in- surance in excess of self-insured limits. 10. WARRANTY 10.1 Delivering Carrier does not make any war- ranty or representation expressed or implied, as to the fitness or condition of the equipment interchanged, including tire and tubes, and the Carrier acquiring the use thereof does so at its own risk. PART II OPERATING RULES 361 . The Owner furnishes valid license plates required in State of registry. . Equipment when loaded shall not exceed manufac- turer’s gross weight limitations which shall be marked on the unit. User may restrict size and weight of any equipment to meet clearance and high- bo. requirements for movement over a particular route. - Kingpin is free of cracks or other visible flaws and is securely attached to said equipment. - Container equipment must be secured to chassis or bogie according to safety requirements of receiving carrier. . Accessories and Special Equipment Section A 7.1 All wheeled i i - Rigutiabialc ili as aaseml 28 toneasgihcd tasasibicnas pec equipment has the following ac servi ided that: ervice provided tha ' a. The SAE-ATA Recommended (7-Conductor) 1. The name, reporting mark or alpha code and equip- Electrical Connector Plug. ment number of the Owner are clearly indicated thereon. Subscriber placing equipment in interchange service whose marks do not render it possible to as- certain the Owner for purposes of this Agreement shall cause to be placed upon the equipment an owner identification and address no less than 2” x 5” in size located as follows: a. trailer/containers—rear left-hand door b. chassis—left side center beam adjacent to exist- ing markings c. bogies/flat beds—left rear. . Owners of intermodal equipment have verified their reporting mark or alpha carrier code with the ap- propriate liaison organization to avoid the possibility of duplicate markings and to insure uniqueness. Note: It is strongly recommended that after report- ing marks have been verified, Owners list such equipment in an appropriate register. b. Flashing turn signals with not less than 12 square inches of lens surface. c. Stop lights, tail lights, clearance and marker lights, mud or rain flaps, as required by ap- propriate governmental agencies. d. Tires conforming to requirements of Section B of these rules. e. Landing gears conforming to requirements of Section B of these rules. 8. An equipment interchange receipt and safety inspec- tion report form is prepared by delivering carrier specifying the description and number of removable items accompanying equipment, such as, but not limited to: a. Chains, binders and cables b. Tarpaulins (except expendable type), including securements c. Tarpaulin bows 362 d. Spreader bars or tie rods e. Bulkheads, bulkhead boards, and load restraining devices f. Sides, gates, sections or end doors g. Mounted spare tire h. Auto transport equipment such as skids, retainer pins, stands, tie down chains, cables and hooks. 9. When [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385006_1534%3A03. Public record. Not legal advice.