District No. 1 - PCD, Marine Engineers’ Beneficial Association (AFL - CIO) (herein "Union") and Lamont - Doherty Earth Observatory of Columbia University (herein "LAMONT"), hereby make the following AGREEMENT (herein "AGREEMENT") concerning certain conditions of work of the Licensed Marine Engineers of LAMONT as follows:

1. LAMONT recognizes the Union as the exclusive collective bargaining representative for all permanent and relief Licensed Marine Engineers, excluding any temporary employees as defined below, employed by LAMONT aboard all vessels which are owned or operated during the term of this Agreement by LAMONT or its affiliate or subsidiary as an owner, agent or under bareboat charter.
2. A temporary employee is one who is assigned to the Licensed Assistant Engineer position for a period of up to sixty (60) days or two (2) consecutive science cruises, whichever is longer, provided that such temporary employee is obtained from the vessel’s permanent crew and holds the appropriate engineering license, and provided further that no more than one such temporary employee is employed aboard the vessel at any one time.

All employees covered by this Agreement who are not already members of the Union shall, as a condition of employment, apply for membership in the Union on or after the thirtieth (30th) day following the beginning of their employment or the execution date of this Agreement, whichever is later. All employees who are or who may become members hereafter shall be required to remain in good standing during the life of the Agreement.

LAMONT at the request of the Union shall deduct membership dues from the wages and vacation pay of employees who are covered by this Agreement and promptly transmit such funds to the Union, provided that the Union and LAMONT have received from each such employee on whose account such deductions are made a written assignment.

Deductions on the basis of the written assignment shall commence effective as of the date on which the assignment was executed. The Union shall indemnify LAMONT against any and all liability that may arise out of actions taken or not taken pursuant to the provisions of this Agreement or in reliance on any list, nature or assignment furnished to LAMONT by the Union.

LAMONT shall recognize the following authorization card:

DUES CHECK-OFF AUTHORIZATION
DISTRICT NO. 1 - PCD, MEBA (AFL-CIO)

The undersigned employee, a member of the Marine Engineers Beneficial Association, an unincorporated Association, or desiring to become a member of the above Union, hereby directs you, my employer, effective from this date, to deduct from my compensation and vacation pay to be paid to me by you including payments for or made during time off periods, if any, a sum equal to the regular membership dues and vacation dues of such Union. Such sum may be deducted in installment payments, as may be directed by the Union. The monies so deducted shall be remitted by you to the Union quarterly within ten days before the start of each quarter. Written notification by the Union to you of the amount of each regular membership dues and vacation dues and/or the amounts owed by the undersigned for the same, shall be conclusive authority to you for each deduction.

1. LAMONT agrees that when hiring any Licensed Engineer, other than the Chief Engineer, the employee shall be obtained through the offices of the Union, provided that Engineers so named by the Union shall be qualified to fill the available positions, and further provided that LAMONT shall have the right to select engineers whom LAMONT considers qualified and satisfactory. Qualifications for Licensed Engineer assignments shall include, but shall not be limited to, hands-on experience in the operation and maintenance of the propulsions and generator type carried, and service aboard oceanographic or seismic vessels. Any engineer who has been discharged by LAMONT for cause, in accordance with Section 6 of this agreement, which has not been reversed by Section 5 of the Agreement, shall not be provided by the Union to LAMONT for any available position. In case any person is rejected, the Union feels any rejection has been unjust and has worked a hardship on the person, the Union shall, without delay, take the matter up with LAMONT and attempt to secure an adjustment. In the absence of a satisfactory adjustment, the matter can be submitted for disposition under Section 5 by the Union.
2. LAMONT, in addition to its unrestricted right of selection of Chief Engineer, shall have the right to keep in continuous employment within its fleet any Licensed Engineer for assignment to any rating provided he maintains his membership in good standing in the Union and LAMONT and the employee desires such employment to continue. Continuous employment shall not be deemed to have been broken if the Engineer is on leave of absence because seasonal lay-up, or temporary withdrawals from service, vacations, illness, injury, sickness in the family or other reasons related to personal affairs, provided such Engineer does not during such period accept employment with any other company other than Relief Engineer work.
3. LAMONT shall have the absolute right to select its own employees for Chief Engineer, provided such employees are members of the Union in good standing or shall make application to ascertain such fact.
4. All Assistant Licensed Engineers not promoted or assigned from the permanent employees of LAMONT shall be obtained from the Union Hiring Hall, with the understanding that, in referring an Assistant Engineer to LAMONT, the employee’s qualifications shall be commensurate with the position and with the particular vessel to which he is referred.
5. If LAMONT, with reasonable promptness after the occurrence of a vacancy, requests the Union to furnish a Licensed Engineer to fill such vacancy and the Union is unable to do so in time to meet the requirements of the vessel, the Union shall immediately notify LAMONT which shall then be free to secure an Engineer for this specific vacancy from any source. However, preference shall be given to members of the Union in good standing, when available and qualified to fill the position.
6. LAMONT shall not make any permanent or relief assignments to any Licensed Assistant Engineer position except through the Union Hiring Hall, provided however, that such assignments may be made within a vessel and not through the Union Hiring Hall by assigning an individual who has previously performed the job as a temporary employee in accordance with the provisions of Section 1(B) of this Agreement.
7. Licensed Engineers shall be on the payroll beginning on the date they begin traveling to join the vessel, and shall start vacation pay on the day following the day that they sign off.
8. The Shipping Rules of the Union as of the effective date of this Agreement, which are not inconsistent with the terms of this Agreement, shall be deemed to be part of and incorporated In this Agreement. It is understood that this provision is not intended to be used to change any of the employment practices and working conditions aboard the vessels established under and pursuant to this Agreement. A copy of the current shipping rules shall be provided to LAMONT.
9. In the event LAMONT seeks a replacement through the home port, LAMONT will pay all necessary transportation expenses, wages and subsistence of the Engineer provided by the offices of the Union.
10. It is understood that the term "offices of the Union" as used in this Section shall be defined as being the offices of the Union in whose jurisdiction the vessel may be located at the time the Engineer is being selected.
11. The Union shall in its sole discretion designate from time to time the ports in which it maintains an office which shall then be so recognized by LAMONT unless subsequently changed by the Union.

It is agreed that the foregoing paragraph is not intended to be used for the purpose of changing the Ports in which the Union, as of the effective date of this Agreement, maintains an office, unless in any such Port local officials do not comply with the established policies or law of the Union in which event the Union shall have the right to take action hereunder.

During the term of the Agreement neither Party will discriminate against any employee or applicant for employment because of race, color, sex, age, religion, national origin, marital status, sexual orientation, disability or citizenship status. This nondiscrimination policy includes, but is not limited to, employment, promotion, upgrading, transfer, layoff, demotion, termination, pay rates, forms of compensation and testing.

1. The Union will not authorize or participate in any strike or stoppage of work during the period of this Agreement and will take all reasonable steps to curtail such strike or work stoppage. LAMONT will not authorize, participate in or permit any lockout during the period of this Agreement.

All disputes relating to the interpretation or performance of this Agreement shall be determined in accordance with the provisions in this Section.

No grievance or claim arising from an unjust discharge or other disciplinary action will be entertained after leaving the vessel unless within fifteen (15) days thereafter a written claim from the Licensed Engineer or someone authorized to act in his behalf is received by the Union, unless there are mitigating or extenuating circumstances which prevented the Licensed Engineer or his representative from submitting the claim.

2. There shall be a Licensed Personnel Board consisting of two (2) persons appointed by the Union and two (2) persons appointed by LAMONT.

The Arbitrator designated will serve as the Chairman of any meeting of the Licensed Personnel Board. If said Board resolves any grievance either by majority vote or by mutual agreement, said grievance shall be deemed settled.

In the absence of such final disposition by the Licensed Personnel Board, the Arbitrator will then have jurisdiction of the case to render a decision as Arbitrator. Either Party may request a further opportunity to present additional evidence for the purpose of the arbitration proceeding. In the absence of such request or if the Arbitrator shall deny such request, the Arbitrator is to proceed to issue an award without the need of any further hearings.

3. The decision of a majority of the Board or of the Arbitrator, as the case may be, shall be final and binding upon the parties and shall be complied with by both Parties immediately upon its issuance.
4. The Arbitrator will be appointed by mutual agreement for a one (1) year period, renewable for one (1) year periods by mutual consent. In the event of the termination of the Arbitrator, the Parties will agree within fifteen (15) days upon a successor, failing which, the Parties shall request the American Arbitration Association to designate five (5) names from among which each Party shall have the right to strike two (2), and the agency shall designate a successor who shall serve for the balance of the contract year. The Arbitrator shall continue to serve until his successor has been designated.
5. A fixed date in each calendar month during the term of this Agreement shall be designated for the meeting of the Licensed Personnel Board with respect to any grievances that each Party may have. LAMONT and the Union agree that in order properly to have a grievance submitted to the Licensed Personnel Board at its regular monthly meeting, at least a five (5) days’ notice in writing must be given to the other Party, setting forth the nature of the grievance and the relief requested, unless such time limitation is waived. Failing such notice, no monthly meeting will be held.

Licensed Personnel Board meetings shall continue from day-to-day until complete, unless the Parties agree otherwise.

The use of stenographic reporter, tape recorder, or any other type of recording device during a meeting of the Licensed Personnel Board is prohibited, unless both Parties agree otherwise.

The Arbitrator must render a decision within fifteen (15) days after the hearing has been closed unless the Parties have otherwise extended such time by mutual consent.

6. Either Party may, in addition to such fixed meetings, have the right, by telegraphic notice to the other Party and to the Arbitrator, to request a convening of the Licensed Personnel Board to consider a grievance, the nature of which requires immediate disposition. In such event the Board shall meet as expeditiously as possible, but in no event later than twenty - four (24) hours after receipt of said notice. In such case, the Award of the Licensed Personnel Board occurs, the Arbitrator, if requested by the aggrieved Party, shall issue forthwith and in no event later than five (5) hours after the conclusion of the hearing, unless the aggrieved Party agrees to waive this time limitation with respect to all or part of this relief requested.
7. The Award of the Arbitrator shall be in writing and may be issued with or without an opinion. If any Party desires an opinion, one shall be issued, but its issuance shall not delay compliance with and enforcement of the Award.
8. The failure of any Party to attend an arbitration hearing as scheduled by the Arbitrator shall not delay said arbitration and the Arbitrator as authorized to proceed to take evidence and to issue an award as though such Party were present.
9. If a dispute concerning the failure and/or refusal of LAMONT to make timely and/or adequate fringe benefit contributions is submitted to the Arbitrator under Section 5 of this Agreement, the Arbitrator shall have authority to reach only one of the two decisions within the time limits set forth in Sections 5 (E) and (F) of the Agreement. He shall either find that LAMONT is in fact delinquent in its contributions, in which event he shall order immediate payment in full of all delinquent contributions, accrued interest thereon, and reasonable attorneys fees, or that LAMONT is not delinquent, in which event the grievance shall be denied.
10. It is the desire and the purpose of the Parties that all grievances available for Licensed Personnel Board or arbitration be disposed of as promptly and expeditiously as possible.
11. Any expense of arbitration and any expense incurred by the Licensed Personnel Board shall be equally divided by the Parties hereto.
12. Unless some other place is mutually agreed upon, the Licensed Personnel Board and arbitration hearing shall be held in New York City, N.Y..
13. No Licensed Engineer shall be required to work under conditions which may endanger his health or safety, or be required to either work behind a picket line or cross a picket line. The refusal of a Licensed Engineer to perform work in accordance with this paragraph shall not be cause for discharge and any action taken by a Licensed Engineer or the Association in accordance with this paragraph shall not be deemed to constitute a violation of Section 5 hereto.
14. Any action to enjoin a grievance or arbitration proceeding under this Agreement shall be instituted in the Federal Courts of the District of Columbia. The Award of the Arbitrator may be enforced in the Courts of the State of New York. Any action to modify or vacate an arbitration Award shall be instituted in the courts of the State of New York. It is expressly agreed that neither LAMONT nor the Union will seek the removal from the Courts of the State of New York to the Federal Courts of any such proceeding to enforce, modify or vacate the Award, and both LAMONT and the Union hereby expressly waive their right to seek such removal or institute proceedings to enforce, modify, or vacate the Award in any forum other than the Courts of the State of New York. Nothing in this paragraph shall preclude either LAMONT or the Union from initiating proceedings in any appropriate State or Federal Court with regard to any matter other than one enforcement, modification, or vacating of an arbitration Award.
15. The Parties agree that Joseph S. Kiss is to be the designated arbitrator to serve as such under the Agreement in accordance with the terms set forth herein.

1. Nothing in this Agreement shall prevent LAMONT from discharging any Licensed Engineer Officer who is not satisfactory to it but any dispute arising therefrom shall be settled in accordance with Section 5 and the terms of settlement shall include a provision as to the date of discharge. This paragraph shall also apply in the case of a refusal by Lamont to employ an Engineer duly assigned in accordance wit the provisions of this Agreement.
2. It is understood that should the arbitrator find that a Chief Engineer has been unjustly discharged, the remedy shall be limited only to back pay, maintenance and room allowances from the date of discharge to the date of the arbitrator’s award.
3. An Engineer who is discharged for cause shall be given on the date of discharge, a written statement advising of the discharge and an explanation of the reasons for the discharge. Such statement may be furnished to the Union if the Engineer is not available.

1. Authorized representatives of the Union shall have the right to go on board ships covered by this Agreement at all reasonable times, subject to military regulations and any other regulations mutually satisfactory to the Union and LAMONT, for the purpose of consulting with the Licensed Marine Engineers employed thereon.
2. The Union shall take out insurance which will protect LAMONT and subsidiary or affiliated entities against any claims, loss of life, or injury occurring to a representative of the Union while on the property or while on board a vessel of any of the above mentioned entities while property or said vessel is owned, chartered, leased, or operated under a general agency agreement, and shall furnish satisfactory evidence of such insurance for the benefit of LAMONT and subsidiary or affiliated entities.

1. The wages shall be set forth in Appendix "A".

Effective January 1, 2001, engineers will receive a non-watch differential which shall be considered base wages for purposes of the MEBA Pension Plan. The non-watch differential will not be included in the calculation of overtime, vacation pay, or the Money Purchase Pension Benefit. For each month of active employment, the differential shall be:

Chief Engineer the equivalent of six (6) days pay
Assistant Engineers the equivalent of five (5) days pay

The non-watch differential will be prorated for partial months of active employment.

2. The vessel’s manning scale shall normally consist of one (1) Chief Engineer and three (3) Assistant Engineers subject to the continued availability of sufficient funding. However, it is understood that LAMONT, pursuant to the vessel’s USCG Certificate of Inspection, shall be permitted to man the vessel with one Chief Engineer and two (2) Assistant Engineers. The Assistant Engineers may be designated as First, Second or Third Assistant Engineers.
3. It is agreed that when only three (3) Licensed Engineers are carried, the Chief Engineer shall be considered a watchstanding Engineer. A watchstanding Chief Engineer shall be granted two (2) hours overtime per day to prepare necessary paper work. It is understood that under no circumstances shall a Chief Engineer’s base wage be reduced by the operation of this Section.
4. When three Assistant Engineers are on board, the Chief Engineer, when required to be on board in port Monday through Friday inclusive between 5 p.m. and 8 a.m. and on Saturdays, Sundays and holidays, except in the case of emergency involving the safety of the scientists, crew, vessel, vessel’s equipment, including scientific supplies and equipment, the Chief Engineer shall be given equivalent time off with pay. Such time off shall be taken by the Chief Engineer at the end of his next scheduled vacation period. Each 8 hours of such excess time shall constitute one day allowance of time off. The Chief Engineer shall prepare an accurate record of all hours worked in port during said hours.
5. A penalty rate shall be paid to any Licensed Engineer for working in tanks, below the floor plates, in the bilges or when required to perform maintenance work which causes contact with the effluent side of the waste disposal system. The penalty rate shall be:

Effective July 1, 2000: $8.71 per hour
Effective July 1, 2001: $8.93 per hour
Effective July 1, 2002: $9.14 per hour
Effective July 1, 2003: $9.35 per hour
Effective July 1, 2004: $9.56 per hour
Effective July 1, 2005: $9.85 per hour

6. The parties to discuss participation in the MEBA training fund - Calhoun Engineering School. In the event that the parties are unable to agree upon the terms for such participation, or that the Trustees do not approve participation, the University shall have no further obligation under this provision.

1. Effective as of July 1, 2000, all Employees on the payroll on that date shall receive a wage increase of two and one half percent (2.5%) on their June 30, 1999 base rates.
2. Effective July 1, 2001, all Employees on the payroll on that date shall receive a wage increase of two and one half percent (2.5%) on their June 30, 2000 base rates.
3. Effective July 1,2002, all Employees on the payroll on that date shall receive a wage increase of two and three tenths percent (2.3%) on their June 30, 2001 base rates.
4. Effective July 1, 2003, all Employees on the payroll on that date shall receive a wage increase of two and three tenths (2.3%) on their June 30, 2002 base rates.
5. Effective July 1, 2004, all Employees on the payroll on that date shall receive a wage increase of two and three tenths (2.3%) on their June 30, 2003 base rates.
6. Effective July 1, 2005, all Employees on the payroll on that date shall receive a wage increase of three percent (3%) on their June 30, 2004 base rates.

In the event a Licensed Engineer is discharged for medical reasons, the issue as to whether the Engineer is fit-for-duty or not shall be submitted either to the MEBA Diagnostic Center or to a mutually agreed upon doctor.

1. A vessel shall be deemed to have arrived in port thirty (30) minutes after it has anchored or moored at or in the vicinity of a port for purposes of LAMONT.
2. A vessel shall be deemed to have departed and port time terminated thirty (30) minutes prior to the time when mooring lines are cast off or anchor is aweigh for the purpose of putting to sea directly.
3. Port time shall not apply while awaiting pilot, quarantine, pratique, safe weather or tide; it is agreed, however, that in the case of awaiting pilot, quarantine and pratique, any such exception shall not apply where the delay is because the vessel is awaiting a berth and in any event shall only apply where the delay is caused by the arrival of the vessel during hours that the officials passing quarantine or pratique are not on duty and only for such limited period.
4. Port time conditions shall apply whether watches are broken or not.

Four consecutive hours shall constitute a watch and two watches shall constitute a day’s work. The eight hours of work for non-watch standing Engineers shall be performed between the hours of 8 a.m. and 5 p.m.. All work done at sea by any Engineer in excess of 8 hours a day, except that necessary in the case of emergency for the safety of the scientists, crew, vessel, vessel’s machinery or scientific supplies and equipment, shall be paid for as overtime. No work shall be performed on Saturdays, Sundays or holidays except that necessary for the navigation and safety of the vessel, and those activities relating to the scientific mission of the vessel, provided that all Licensed Engineers shall stand their respective watches as required by law.

Eight (8) hours shall constitute a day’s work. A day shall be reckoned from midnight to midnight. The normal hours of labor while in port shall be between 8 a.m. and 5 p.m. from Monday through Sunday inclusive. Overtime shall be paid (1) for all work performed in port on recognized holidays; and (2) for all work performed, including the standing of routine watches, in excess of eight (8) hours per day or fifty-six (56) hours per week.

1. When the ship’s Engineers are assigned to a routine night, weekend or holiday watch, they shall not be required to perform regular maintenance repair work except as may be occasioned due to a mechanical failure occurring during such night, weekend, or holiday watch.
2. When watches are broken and the Assistant Engineers work overtime in port after midnight, they shall have a rest period during the same day between 8 a.m. and 5 p.m. of one hour for each hour’s work, provided, however, that on days of departure such rest period shall not interfere with the Assistant Engineers standing their regular watches. This section shall not be applicable to routine stand-by watch.

1. For all time that an Assistant Engineer is required to be available for duty at sea and for all time that the Assistant Engineer is required to be available for duty in port, in excess of eight (8) hours in any one day, or in excess of fifty-six (56) hours in one week (any hours in excess of eight (8) in any one day for which overtime is paid shall not be included in this computation) or on holidays, the overtime rate shall be time and one half of the base wage for each rating.
2. No less than one (1) hour’s overtime shall be paid for any work performed. Overtime performed in excess of one hour shall be paid for the next on-half hour period following. Overtime shall be performed only on the order of the Chief Engineer or of the Senior Engineer in charge.
3. The Licensed Engineer working the overtime shall, within twenty-four (24) hours if practicable (but in no event later than seventy-two (72) hours) , present to the Chief Engineer in charge a slip in duplicate stating the hours of overtime and nature of work performed for the signature of the Chief Engineer. One of such signed slips shall be returned to the Licensed Engineer and the other shall be retained as a permanent record by LAMONT.

In the event a question arises as to whether work performed under proper direction is payable as overtime, or, if claimed overtime shall note on the Licensed Engineer’s copy the reason or reasons for non-approval or LAMONT shall at the time of leaving and the reasons for the rejection. No claim for overtime will be entertained after leaving the vessel unless within (15) days thereafter a written claim by letter from the Licensed Engineer or someone acting in his behalf is filed with LAMONT except when the filing of such claim is prevented by some cause beyond the control of the Licensed Engineer.

4. Where a Licensed Engineer works in excess of eight hours in one day, i.e. midnight to midnight, even though part of said work shall be performed at sea and part in port, he shall be paid overtime for such hours worked in excess of eight in one said day.

THE FOLLOWING SHALL BE RECOGNIZED AS HOLIDAYS:

The overtime rate of pay shall be paid Licensed Engineers who perform their regular watch work at sea on any of the holidays described above, and any of such holidays falling on a Saturday or Sunday in port will be observed on the following Monday.

1. On days departure from non-foreign ports, sea watches shall be set at the beginning of the normal period of time required for warming up of engines prior to sailing time. On days of departure from foreign ports, sea watches shall be set at 12:01a.m. of the day of sailing.
2. Watches shall be broken one hour after finishing with engine upon arrival at a port where the vessel is to remain more than 24 hours. Port time conditions shall apply whether or not watches are broken.
3. When sea watches are set, Assistant Licensed Engineers shall be required to report on board and be available for duty not less than one hour before time posted on sailing board. The sailing time shall be posted at the gangway on arrival when the vessel’s stay in port is twelve (12) hours, the sailing time shall be posted eight (8) hours prior to scheduled sailing, if before midnight. If scheduled sailing is between midnight and 8 a.m., sailing time shall be posted not later than 5 p.m..

Meals for Licensed Engineers shall be served over a one hour period and a reasonable time of at least one-half hour shall be allowed for each meal in all cases where the Engineer is not late due to his own fault. Adequate food shall be provided.

1. When a vessel terminates a voyage at a port other than the original port of engagement, transportation as defined in Section 26, wages and subsistence at $17.00 per day back to the original port of engagement shall be furnished to each licensed Engineer who terminates his services aboard the respective vessel; provided, however, that Licensed Engineers on coastwise vessels shall not be furnished transportation to original port of engagement unless he has made a complete voyage.
2. The original port of engagement shall be port in the United states where the licensed engineers are first employed by the Company regardless of where ships articles are signed.
3. Transportation in accordance with this subsection of the Agreement will be paid to Licensed Engineers whose services are terminated in a United States port other than the port of original engagement for legitimate illness or injury requiring hospitalization or out-patient hospital treatment.

Whenever a vessel is in port, the Engineers entitled to be off watch in accordance with this Agreement shall be entitled to shore leave. Where local government restrictions prohibit shore leave, such orders must be in writing from proper shore authorities and shall be posted on the vessel’s bulletin board and entry made in the ship’s log book. Under the above circumstances, LAMONT shall produce a copy of the government restriction order when the Engineer is paid off. If it is not possible to get a copy of such restriction order, the Master will prepare a letter stating the terms of the restriction for presentation to either the agent of the Government or military and if such agent acknowledges receipt of such letter, this will be ample proof of such restriction.

No overtime shall be allowed at any time for emergency work performed for the safety of the vessel, crew, scientific supplies and equipment, or the saving of life aboard other vessels in jeopardy.

Licensed Engineers who are entitled to maintenance under the general maritime law doctrine of wages, maintenance and cure, on account of injury or illness incurred in the service of the ship, shall be paid maintenance at the rate of eight ($8.00) dollars per day. Wages, maintenance and cure under such doctrine shall not be withheld in any case merely because the claimant has also submitted a claim for damages or has filed suit therefore or is taking steps to that end.

In the event a Licensed Engineer must leave his vessel in a foreign port because of illness or injury incurred in the service of the vessel, he shall promptly receive a full statement of his account, showing wages due him, excepting overtime payments. Further, he shall receive $8.00 per day maintenance and cure from the time of his discharge from the hospital until return transportation is made available.

When in port if board and living quarters are not furnished, a subsistence allowance of thirty ($30.00) and a room allowance of forty dollars ($40.00) shall be paid. the subsistence allowance shall be allocated: six dollars ($6.00) for breakfast, ten dollars ($10.00) for lunch and fourteen dollars ($14.00) for dinner. Any reasonable expenses incurred by an officer in excess of $30.00 for subsistence or $40.00 for room allowance, shall be paid by LAMONT if vouchers or receipts are submitted. The standard of reasonableness for the respective ports will be established by mutual agreement between the Parties.

The customary work and supervisory jurisdiction of the Licensed Engineers on the vessels of LAMONT shall continue to be the work and supervisory jurisdiction of the Licensed Engineers on the vessels of LAMONT. No other personnel shall be permitted to infringe upon such jurisdiction of the Licensed Engineers.

LAMONT shall prepare and furnish to the Union semiannually a list which shall show:

1. the name of each vessel in LAMONT’s fleet, including laid-up vessels, reason for lay-up, and intended duration of lay-up;
2. all Licensed Engineer berths on each vessel in commission or on seasonal lay-up or in temporary lay-up; and
3. names of all Licensed Engineers in the employment of LAMONT , whether employed on the vessel or on leave of absence.

1. When ships are sold, laid-up or withdrawn from service, or in case of shipwreck or disaster necessitating the abandonment of ship or the services of an Engineer are terminated through no fault of his own, the Licensed Engineer shall be paid wages as well as subsistence and lodging is not furnished, and first class transportation back to the original port of engagement.
2. In the event of shipwreck or loss of vessel, compensation not to exceed seven hundred and fifty dollars ($750.00) will be paid to each Licensed Engineer for loss of clothing and personal property under this subsection, provided such loss is not recoverable under war risk agreements, between LAMONT and the Union.
3. First class transportation is defined as follows:
1. air transportation -- first class transportation is defined as air tourist class for foreign travel and air tourist class for domestic travel;
2. pullman transportation via rail with lower berth on overnight trips;
3. when transportation by rail or air is not available, bus facilities may be used.
4. No transportation shall be allowed under the transportation section of the contract should a man be discharged either for cause or by mutual consent.
5. While traveling, $17.00 per day shall be paid for meals if not furnished.

1. All Licensed Engineer’s quarters shall be properly equipped with fresh running water, cleaned, heated and lighted at all times during occupancy. Each vessel shall provide a washroom for the use of the Licensed Engineers, this washroom to be equipped with fresh hot and cold running water, and fresh water shower facilities, as well as sanitary drainage.
2. LAMONT shall provide single berths (quarters or accommodations) to the extent practicable.
3. Clean bed linen and towels are to be provided on a weekly basis.

1. This Agreement covers all Licensed Marine Engineers employed on LAMONT’S U.S. flag vessels, of whatever type, owned or operated (both at the present or at any time during the life of this Agreement) by LAMONT or its subsidiary or affiliate, or by an entity for which LAMONT acts as a bargaining agent, and whether operated as an agent or under a bareboat charter, including vessels owned by LAMONT or its subsidiary or affiliate and operated by another entity, but not including a vessel operated on a time charter basis.
2. In the event LAMONT places into operation a new type of vessel or a replacement vessel for the MAURICE EWING, the Parties shall meet and negotiate such terms and conditions of employment as may be appropriate for the new or replacement vessel.
3. The term "subsidiary" or "affiliate" shall be deemed to include any business entity whether corporate, partnership, trust or individual which is effectively controlled by LAMONT either directly or indirectly.

1. To the best knowledge and belief of the Parties this contract contains no provision which is contrary to Federal or State Law or regulations; it is the intent of the Parties that all provisions of the Agreement be interpreted and construed in a manner consistent with all applicable, governing law. Should any provision of this Agreement be in conflict with Federal or State Law or regulation then such provision shall continue in effect only to the extent permitted.
2. If any article or provision of this Agreement shall be declared invalid, inoperative or unenforceable by any competent authority of the executive, legislative, judicial or administrative branch of the Federal or State government, then, upon ten (10) days’ written notice by the Union to LAMONT, the Agreement shall be deemed reopened for the negotiation of such amendments and modifications as the Parties see fit. Notwithstanding any other provision of this Agreement or in any other Agreement to the contrary, it is expressly understood and agreed that the Union shall have the right to strike or take other economic action in support of its position in such reopened negotiations.
3. If any article or provision of this Agreement shall be held invalid, inoperative, or unenforceable by operation of law or by any of the above mentioned tribunals of competent jurisdiction, the remainder of this Agreement or the application of such as to which it has been held invalid, inoperative and unenforceable shall not be affected thereby.

LAMONT hereby agrees to become and to remain a Party of the MEBA Medical and Benefits Plan, and agrees to make the necessary contribution to the Plan to meet the cost of benefits, the administrative costs and to maintain such reserve as may be necessary under applicable law and to maintain the Plan on a sound actuarial basis.

In the event that the MEBA Benefit Plan does not require the whole $31.00 contribution required as of October 1, 1996, such savings shall be re-allocated to the Money Purchase Benefit Plan in addition to the current contribution made for each employee. Should the MEBA Plan rate increase again, up to $31.00 per day, the aforementioned savings, in whole or in part, shall be reallocated to cover any increase in the contribution to the MEBA Benefit Plan.

1. LAMONT hereby agrees to become and to remain a party to the MEBA Pension Trust, For The Money Purchase Benefit Plan, and agrees to contribute an amount equal to ten percent (10%) of base wages paid to each employee into the Trust. The contributions and any investments and reinvestments thereof shall be maintained by the Trust in a separate money purchase fund. A n individual contribution account in the name of each employee will be maintained by the Trust.
2. The parties agree to discuss participation in the MEBA defined benefit pension plan. In the event that the parties are unable to agree upon the terms for such participation, or that the Trustees do not approve participation, the University shall have no further obligation under this provision.
3. Effective December 31, 2000, employees will cease to be eligible for participation in the University’s Tax Deferred Annuity (403(b)) Plan.

1. Effective January 1, 2001, the Employer shall provide exemption from tuition as follows:

Full-time Employees: 7 credits per semester (maximum of 2 courses)

In the case of the summer semester, the Employer will retain the right to refuse to offer courses under this tuition exemption plan where such courses are deemed inappropriate or inefficient by the Employer.

2. Tuition Exemption Limits

The spouse and children of any full-time bargaining unit Employee shall be entitled to utilize any unused portion of credit to which the member is entitled under of the collective bargaining agreement, except that there shall be no accrual of any unused portion of credit.

3. Eligible Courses

The spouse and children of a bargaining unit Employee shall be entitled to apply the member's unused portion of credit to any course, graduate or undergraduate, subject to the following modifications:

1. That the course be given by a department or school of the Columbia Corporation. Courses given by Teachers College or Barnard will not be tuition exempt for children or spouses.
2. That, in the case of children, they must be enrolled as candidates for a Bachelor, Professional or higher degree. In cases where the son or daughter is registered as a degree candidate outside the University system but is able to obtain admission as a non-matriculated special student at Columbia, tuition exemption will be granted.
3. That enrollment in summer courses is subject to the language in Section 1.
4. If an Employee who is enrolled in a course and is otherwise eligible for tuition exemption is laid off, such employee will be exempt from payment of tuition for the balance of the semester.
5. If an Employee is hired and begins a course after the beginning of the semester such employee's eligibility for tuition exemption shall be prorated in accordance with guidelines established by the University at the beginning of the semester.
4. Age Limits

There shall be no limitation to the utilization of tuition exemption, as outlined in this Agreement, because of the age of a member's spouse or children.

5. Eligibility

This Agreement shall become effective as of 12:01 a.m. July 1, 2000 and shall continue to be effective until midnight June 30, 2006, and shall continue for twelve (12) month periods thereafter unless either party hereto shall give written notice to the other of its desire to amend or terminate same, which notice shall be given at least sixty (60) days, but no sooner than ninety (90) days, prior to the expiration date.

MEMORANDUM OF UNDERSTANDING

BETWEEN

WHEREAS a MEMORANDUM OF AGREEMENT was made and entered into the 17th day of December, 1992, covering the period July 1, 1992 through June 30, 1996;

WHEREAS Lamont - Doherty’s primary source of funding for maritime operations; that is, the National Science Foundation (NSF) one-year grants, will be substantially reduced in 1993 and may, again, be reduced in each of the succeeding three years of the current Agreement;

WHEREAS the R/V MAURICE EWING will be laid up for a substantial period of time in 1993 and, possibly, for similar or longer periods of time in each of the succeeding three years of the current Agreements;

The PARTIES AGREE to meet upon finalization of Lamont - Doherty’s ship operations budget to discuss modification of contractual benefits during such a lay-up period on a case-by-case basis.

APPENDIX "A" -- cont'd
(SIDE LETTERS)

March 20, 1997 Mr. James LaRiviere Director - NY Inland and Harbor Contracts Marine Engineers’ Beneficial Association, AFL-CIO 30 Montgomery Street Jersey City, NJ 07302 Dear Jim, This will confirm our agreement that, upon execution of this agreement, Columbia University will execute the "Agreement and Declaration of Trust Establishing the MEBA Pension Plan (Amended and Consolidated through Amendment No. 96-1, 4/30/96)." Columbia University and the Marine Engineers’ Beneficial Association will apply for entry into the MEBA Pension Trust for coverage under the defined benefit plan, for all bargaining unit employees represented by MEBA, subject to the terms and conditions set forth below: It is understood that such participation is solely dependent upon the votes of the members of the Pension Trust Board of Trustees, and that Columbia shall have no further obligation under this agreement in the event that the Trustees deny participation in the defined benefit plan. MEBA has provided Columbia with the "Actuarial Report on the MEBA Pension Trust as of January 1, 1995." MEBA has represented that the University’s participation in the defined benefit plan would be without cost to the University, and the University has relied upon such representation in agreeing to apply for coverage for MEBA members in its employ. At the present time, employers are prohibited by Internal Revenue Service regulations and the Employee Retirement Income Security Act from making contributions to the defined benefit plan. This prohibition is likely to continue for the future. However, in the event that there is an increase in benefits, a decrease in plan assets as compared to liabilities, statutory or regulatory changes, or other circumstances beyond the University’s control, it may become lawful and necessary for employers to make contributions to the defined benefit plan. In the event that any employer contribution is required, the University’s contributions to the Money Purchase Benefit provided in the collective bargaining agreement between the parties will be reduced by the amount of any required employer contribution. The University’s contributions will be restored to the contractual rate at such time as no further employer contributions are required. In the event that the reduction in Money Purchase Benefit contributions is not sufficient to meet the required defined benefit plan contribution, the University shall reduce the employees’ daily wage rate in an amount sufficient to meet the required contribution. The wage rate will be restored at such time as the reduction is no longer required to meet the contribution amount. The Pension Trust Regulations provide for calculation of prior employment credit for newly participating companies, if the employer agrees to provide such credit. MEBA agrees that the University shall have no liability for prior service credit. The foregoing constitutes our agreement with respect to the MEBA defined benefit plan. Sincerely, /s/ ___________________________________ David M. Cohen Director - Employee and Labor Relations AGREED: /s/ ___________________________________ James LaRiviere, Director, NY Inland and Harbor Contracts