PREAMBLE

This Agreement is entered into by and between the International Organization of Masters, Mates & Pilots (hereinafter referred to as the Union) and The Trustees of Columbia University in the City of New York, Lamont - Doherty Earth Observatory (hereinafter referred to as the Company) covering all licensed Licensed Deck Officers employed as Regular and Relief Mates (hereinafter referred to as "Licensed Deck Officers") on the R/V MAURICE EWING, as certified by the National Labor Relations Board in Case No. 2-RC-22354, and remains in effect until June 30, 2006 and shall continue from year to year 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 days prior to the expiration date. After such notice has been given, negotiations shall commence at such time as shall be mutually agreed upon. If during the sixty day period negotiations are not completed, the parties may by mutual consent extend the agreement for a specific period beyond the expiration date for the continuance of negotiations.

The Company recognizes the Union as the exclusive collective bargaining representative for the Licensed Deck Officers on the R/V MAURICE EWING employed by the Company during the term of this agreement.

All Licensed Deck Officers 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 (30) day following the beginning of their employment or the execution date of this Agreement, whichever is later. All Licensed Deck Officers who are or who may become members hereafter shall be required to remain in good standing during the life of the agreement.

The Organization will do its utmost to furnish such Licensed Deck Officers as the University may request who have been employed aboard similar types of vessels. Further, the Organization agrees to furnish the University with such Licensed Deck Officers found to be capable, competent, and physically fit, when and where they are needed to fill vacancies in ample time to prevent any delay in the operations. To assure maximum harmonious relations, and in order to obtain such qualified Licensed Deck Officers with the least risk of a delay in the operational schedule of vessel(s), the University agrees, subject to the terms and conditions set forth elsewhere herein, to secure marine personnel through Offices of the Offshore Division of the Organization or such other office of the Organization designated by the Organization Headquarters. If, for any reason, the Organization does not furnish the University with Licensed Deck Officers who are capable, competent and physically fit, when and where they are required, and of the ratings needed to fill such vacancies, in ample time to prevent any delay in operations, the Company may then obtain such required marine personnel from any available source, in which case the Organization shall be notified.

1. When a vacancy occurs for a Mate on the Company vessel, the Company shall consider applicants from the Union along with those of deck officers currently employed by the Company, and other applicants, but the Company shall have the absolute right to select the individual whom the Company considers best qualified for the position.

When two or more applicants are found to be equally qualified in the opinion of the Company, the following order of preference shall be followed in offering the position:

1. Applicants who are current Company officers and MM&P members.
2. Applicants who are current Company officers (but not MM&P members).
3. Applicants who are MM&P members, but not currently officers of the Company.
4. Other applicants.

The University may promote unlicensed Licensed Deck Officers to licensed positions provided that the Licensed Deck Officers meet Coast Guard licensing requirements.

An Licensed Deck Officer will become a regular Licensed Deck Officer following successful completion of 120 work days aboard ship.

An Licensed Deck Officer will become a regular Licensed Deck Officer following successful completion of 120 workdays aboard the vessel unless he/she has been designated as relief for a specific Licensed Deck Officer in continuous employment. If a member has been designated as relief, and the specific Licensed Deck Officer who is being relieved chooses to end his employment with the company during the relief period, said member would then be eligible to be named a regular Licensed Deck Officer upon completion of 120 workdays satisfactory employment.

2. The Company, in addition to its unrestricted right of selection of the Mates, shall have the right to keep in continuous employment such Licensed Deck Officer for assignment to any rating provided he maintains his membership in good standing in the Union and the Company and the Licensed Deck Officer desires such employment to continue. Continuous employment shall not be deemed to have been broken if the Licensed Deck Officer is on leave of absence because of seasonal lay-up, or temporary withdrawals from service, vacations, illness, injury, sickness in the family or other reasons relating to personal affairs, provided such Licensed Deck Officer does not during such period accept employment with any other Company excluding port relief officer work.
3. 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 vessel established under and pursuant to this Agreement.
4. In the event the Company seeks a replacement through the home port, the Company will pay all necessary transportation expenses, wages and subsistence of the Licensed Deck Officer provided by the offices of the Union.
5. 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 located in the New York City area.

During the term of the Agreement neither Party will discriminate against any Licensed Deck Officer or applicant for employment because of race, color, sex, age, religion, national origin or disability as provided in the Americans With Disabilities Act. This nondiscrimination policy includes, but is not limited to, employment, promotion, upgrading, transfer, layoff , demotion, termination, pay rates, forms of compensation and testing.

1. There shall be no strikes, lockouts or stoppages of work during the period of this Agreement, provided however that the foregoing provisions shall not be applicable if the Company becomes delinquent in Pension, Welfare, Vacation, or any other MM&P Fund Plan or Committee payments, allotments, or earned wages.

All disputes relating to the interpretation or performance of this Agreement which may arise between the Parties to this Agreement shall be determined by a Licensed Personnel Board consisting of two persons appointed by the Union and two persons appointed by the Company. The Parties shall submit any such dispute for decision by the Board and they agree to be bound by the decision of a majority thereof. The Board shall agree to such rules of procedure as it may deem necessary.

In the event no settlement is reached by the Board, the issue may be referred to the Arbitrator by either Party for arbitration. The cost of the arbitration shall be borne equally by the Union and the Company.

Unless some other place is mutually agreed upon, the Board shall meet in New York promptly upon the written notice from either the Union or the Company.

The Union and the Company may appoint alternates to act in place of the regular members of the Board.

2. The University shall continue to use the services of permanent Arbitrator Arthur Stark. However, should Arthur Stark become unavailable, an arbitrator shall be chosen from a list of seven arbitrators supplied by the American Arbitration Association from its roster of labor arbitrators who have had experience with maritime unions. If the parties cannot agree on an arbitrator, they shall alternately strike one name at a time, and the last remaining person shall be the arbitrator. The order of striking shall be determined by a coin toss.

During the fifteen (15) days before each anniversary date of this Agreement commencing with July 1, 1997, either the Company or the Union shall have the unrestricted right to terminate the appointment of the Arbitrator.

The Parties agree that all questions as to whether a dispute is arbitrable shall be submitted to and decided by the Arbitrator; provided, however, the Arbitrator shall be without authority to amend the terms of the Collective Bargaining Agreement. The Parties agree that all questions concerning the interpretation of an Award made by the Arbitrator shall be re - submitted to the Arbitrator for a decision.

3. The Arbitrator will serve as Chairman of any meeting of the Licensed Personnel Board without vote. If said Board resolves any grievance, either by a majority vote or by mutual agreement, said grievance shall be deemed settled, and the decision shall be final and binding.
4. 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 proceedings. In the absence of any such request or if the Arbitrator should deny such request, he will proceed to issue an Award without the need of any further hearings.
5. Either Party may 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 and, where a deadlock of the Licensed Personnel Board occurs, the Arbitrator, if requested by the aggrieved Party, shall issue his decision forthwith and in no event later than five (5) hours after the conclusion of the hearing. In addition, the aggrieved Party may agree to waive this time limitation with respect to all or part of the relief requested.

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.

6. The failure of any Party to attend an arbitration hearing as scheduled by the Arbitrator shall not delay said arbitration and the Arbitrator is authorized to proceed to take evidence and to issue an Award as though such Party were present.
7. It is the desire and purpose of the Parties that all grievances, available for Licensed Personnel Board or Arbitration, be disposed of as promptly and expeditiously as possible.

1. Nothing in this Agreement shall prevent the Company from discharging any Licensed Deck Officer who is not satisfactory to it but any dispute arising there from shall be settled in accordance with Section 5 and the terms of settlement shall include a provision as to the payment of wages and subsistence and room allowance from the date of discharge. This paragraph shall also apply in the case of a refusal by the Company to employ an Licensed Deck Officer duly assigned in accordance with the provisions of this Agreement.
2. An Licensed Deck Officer 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 Licensed Deck Officer 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 the Company, for the purpose of consulting with the Master or Relief Master or Licensed Deck Officers employed thereon.
2. The Union shall take out insurance which will protect the Company and subsidiary or affiliated companies 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 companies while property or said vessel is owned, chartered, leased, or operated under general agency agreement, and shall furnish satisfactory evidence of such insurance for the benefit of the Company and subsidiary or affiliated companies.

1. The wage rates effective during the term of this Agreement shall be as set forth in Appendix "A." Increases shall be:

Effective July 1, 2001 2.5%
Effective July 1, 2002 2.3%
Effective July 1, 2003 2.3%
Effective July 1, 2004 2.3%
Effective July 1, 2005 3.0%

In addition, there will be a 15-year seniority increment equal to 3% more than the 10-year increment, and the 20-year increment will be 3% above the 15-year increment.

2. A sea pay bonus will be paid for each month while on active duty as Mate as set forth in Appendix "A."

In the event an Licensed Deck Officer is discharged for medical reasons, the issue as to whether the Licensed Deck Officer is fit-for-duty or not shall be submitted to a mutually agreed-upon doctor.

THE FOLLOWING SHALL BE RECOGNIZED AS HOLIDAYS:

Day before or after New Years’ Day	Labor Day
New Years’ Day	Election Day
Martin Luther King, Jr. Day	Thanksgiving Day
Memorial Day	Day after Thanksgiving Day
Independence Day	Christmas Day
	Day after Christmas Day

The overtime rate of pay shall be paid to Licensed Deck Officers who perform their regular watch at sea or in port on a recognized holiday. A holiday falling on a Saturday or a Sunday shall be celebrated on the preceding Friday or the following Monday.

1. When a vessel terminates a voyage at a port other than the original port of engagement, tourist air transportation, wages and subsistence at $30.00 per day back to the original port of engagement shall be furnished to each Licensed Deck Officer who terminates his services aboard the vessel; provided, however, that Licensed Deck Officers on coastwise vessels shall not be furnished transportation to original port of engagement unless the Licensed Deck Officer has made a complete voyage.
2. The original port of engagement shall be the port in the United States where the Licensed Deck Officer is 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 Deck Officers 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.
4. Licensed Deck Officers will be reimbursed for air travel as permitted by Federal Travel Regulations.

When in port if board and living quarters are not furnished, reasonable and necessary expenses incurred by an officer for subsistence or room allowance, shall be paid by the Company if vouchers or receipts are submitted. The subsistence allowance will be $30.00 per day, consisting of breakfast at $6.00, lunch at $10.00, and dinner at $14.00. The room allowance will be $40.00. Any reasonable expenses incurred in excess of these amounts shall be paid by Lamont if vouchers or receipts are submitted.

Eight (8) hours shall constitute a day’s work. A day shall be calculated from midnight to midnight. Overtime shall be paid for all work in excess of eight hours in one day or 56hours in one week.

Four (4) consecutive hours shall constitute a watch and two watches shall constitute a day’s work. Eight hours of work shall constitute a days work. All work done in excess of eight hours a day, except that done in case of an emergency for the safety of scientists, crew, vessel, vessel’s machinery, or scientific equipment shall be paid 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. Routine watches are excluded from this provision.

1. On days of departure from non-foreign ports, sea watches shall be set at the time of sailing, but no later than noon. On days of departure from foreign ports, sea watches shall be set at 0001 on the day of sailing.

2. Watches shall be broken one hour after all fast 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. Licensed Deck Officers are to report one hour prior to the time posted on the sailing board. The sailing board shall be posted at the gangway when the vessel’s stay in port is more than 12 hours. Sailing time shall be posted 8 hours prior to sailing if sailing before midnight. If sailing after midnight and before 8:00 a.m., the sailing board shall be posted no later than 1700. When a vessel arrives after 1700 Friday and before 0800 Monday and is scheduled to sail prior to 0800 Monday, the sailing board shall be posted not less than 2 hours after arrival. The sailing board shall be posted no later than 1700 Friday when the vessel is scheduled to sail before 0800 Monday.

1. The overtime rate shall be one and one-half (1½) times the hourly rate of each respective rating.
2. No less than 1 hour shall be paid for any work preformed. After the initial hour, overtime then shall be calculated in 1/2 hour increments. If the period between consecutive periods of overtime is less than 2 hours then the overtime shall run continuously. Overtime shall only be preformed by order of the Chief Mate or Master.
3. The Licensed Deck Officer working overtime shall within twenty four hours if practical but not less than 72 hours, present to his Department Head a slip in duplicate stating the hours of overtime and the nature of the work preformed for the signature of the Department Head. One slip shall be returned to the Licensed Deck Officer the other shall be retained as a record by the Company. In the event a question arises as to whether work preformed under proper direction is payable, the Department Head shall note on the Licensed Deck Officer’s copy the reason for non-approval. No claim for overtime shall be entertained after leaving the vessel unless within 15 days thereafter a written claim by letter from the Licensed Deck Officer or someone acting in his behalf is filed with the Company.
4. When an Licensed Deck Officer works in excess of 8 hours in one day, i.e. midnight to midnight even though part of part of said work shall be preformed at sea and part in port, he shall be paid overtime for such work in excess of 8 hours in one said day.
5. When shifting ship under the circumstances which require the payment of overtime, time for Licensed Deck Officers, except the Licensed Deck Officer on watch, shall commence thirty (30) minutes prior to the scheduled time of the shift, and shall stop when then vessel is securely moored or made fast, or until relieved. The Licensed Deck Officer off watch shall be paid from standby to all fast and/or relieved provided a minimum of two (2) hours shall be paid for each call.
6. Licensed Deck Officers called for overtime except for scheduled day work overtime and supper relief shall be called 30 minutes prior to the time of turning to. Payment of overtime for such calls shall commence at the time of the call. Overtime is not payable for emergency situations when all hands are called.

Meals shall be served over a one-hour period and a reasonable time of one-half hour shall be allowed for each meal in all occasions.

Whenever a vessel is in port the Licensed Deck Officer 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 authorities and shall be posted and an entry to it put in the vessel's log. If it is not possible to obtain a copy of such a restriction the Master may prepare a letter stating the terms of the restriction to be presented to the agent or government official for initialing. Such letter will serve as proof of said restriction.

1. Company Information:

1. The names and titles of each trustee of the University
2. The State in which the University is incorporated.
3. The University shall designate a representative authorized to handle and settle disputes and grievances arising under this Agreement. The name of such designated University representative shall be furnished to the organization and kept current.
4. The name and location of office of that individual in the University who is authorized to make policy decisions concerning matters in which the Organization and the University are jointly concerned.
2. Vessel Information:

1. The names, port of registry, call sign and radio telephone ringer numbers (if any) of owned vessels.
2. With respect to vessels other than those by the Company, the following information shall be furnished for other vessels being operated:
1. Name and owner
2. Port of registry and call sign
3. Time and type of charter
3. Copy of Certification of Inspection.

In the event of shipwreck or loss of vessel, compensation not to exceed seven hundred and fifty ($750.00) dollars will be paid to each Licensed Mate for loss of clothing and personal property under this subsection, provided such loss is not recoverable under war risk agreements, between the Company and the Union.

The Employer will provide a single berth (quarters or accommodation) to the extent practicable.

1. This Agreement covers the Licensed Mates aboard the R/V MAURICE EWING.

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 provisions 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 any State government, then, upon ten (10) days notice by the Association of the Company, 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 any other Agreement to the contrary, it is expressly understood and agreed that the Association 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 article or provision to persons or circumstances other than those as to which it has been held invalid, inoperative and unenforceable shall not be affected thereby.

1. For each thirty (30) days of covered employment the vacation benefits shall be fifteen (15) days at full base pay through December 31, 2002, and sixteen (16) days thereafter. Days of vacation shall not be considered days of work for the purpose of computing vacation benefits.
2. The contribution rate to the Vacation Plan will be 55.8% of base wages through December 31, 2002, and 59.1% of base wages thereafter.
3. A vacation bonus equal to one-half of the Sea Pay Bonus shall be paid to each Licensed Deck Officer while on vacation, as indicated in Appendix "A".

Benefits existing as of June 30, 2001, shall remain in full force and effect until December 31, 2001, without change.

1. The Company hereby agrees to remain a party to the MM&P Welfare Plan and make the necessary contributions to the Plan to cover all costs including but not limited to, the cost of benefits and administrative costs. No payments shall be made for an Licensed Deck Officer while on vacation and no other payments will be made to any other Master training, education or other such plan except as expressly set forth in this Agreement.
2. The University’s contribution to the MM&P Welfare Plan shall be $42.28 per day of active duty, which includes 1.5% of base wage to cover the co-pay requirement while the individual is on active duty. This rate may change subject to actuarial calculations.
3. The University will contribute $3.00 per day of active duty effective January 1, 2002, for the duration of the agreement.
4. The University will contribute thirty-five cents ($0.35) per Licensed Deck Officer per day of employment for drug testing.
5. The University will contribute twenty-five cents ($0.25) per Licensed Deck Officer per day of employment for the Joint Employment Committee Fund.

Benefits existing as of June 30, 2001, shall remain in full force and effect until December 31, 2001, without change.

1. Effective August 1, 2001, the Company hereby agrees to become and to remain a party to the MM&P Pension Plan, and agrees to contribute to the Plan an amount of base wage and vacation pay (exclusive of any bonus payments otherwise provided for), as determined by the Plan’s actuaries and trustee determinations, for each Licensed Deck Officer while any such Licensed Deck Officer is on active duty as Mate. No payments shall be made for an Licensed Deck Officer while on vacation. The contributions and any investments and reinvestments thereof shall be maintained by the Plan in a separate money purchase fund. An individual contribution account in the name of each Licensed Deck Officer will be maintained by the Plan.
2. IRAP: Effective January 1, 2002, the Company will contribute five percent (5%) of the sum of the base pay and vacation pay to IRAP for each Licensed Deck Officer.
3. Current Licensed Deck Officers who participate in the University’s 403(b) plan will remain in that plan if they choose to participate in a tax deferred annuity plan. Licensed Deck Officers who are University Licensed Deck Officers and who participate in the 403(b) plan at the time they are promoted to Mate will remain in that plan if they choose to participate in a tax deferred annuity plan.

Commencing July 1, 2001, the University shall participate in the Maritime Institute of Technology and Graduate Studies training program (M.A.T.E.S.), at the rate of $8.50 per day for each Mate while on active duty.

The University may send other Licensed Deck Officers to programs at a rate per program to be agreed upon between the parties.

The University will continue the established policy of paying Licensed Deck Officer while attending courses at MITAGS necessary to maintain their current licenses, or while taking courses required and directed to be taken by Lamont. An Licensed Deck Officer shall be eligible for a maximum of two weeks pay per year for taking necessary courses. The rate of pay while attending courses shall be the base pay and sea pay. No benefits shall be payable during training periods.

The existing plan of tuition benefits shall remain in effect through June 30, 2003, provided however that any changes to the faculty and officer tuition plan made prior to that date shall apply to Licensed Deck Officers as well.

1. Effective July 1, 2003, the Employer shall provide exemption from tuition as follows:

Full-time Licensed Deck Officers: 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 Licensed Deck Officer 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 Licensed Deck Officer 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 Licensed Deck Officer who is enrolled in a course and is otherwise eligible for tuition exemption is laid off, such Licensed Deck Officer will be exempt from payment of tuition for the balance of the semester.
5. If an Licensed Deck Officer is hired and begins a course after the beginning of the semester such Licensed Deck Officer'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, 2001 and shall terminate as of midnight, June 30, 2006, except as otherwise provided.

NOTE:

1. During each month that an Licensed Deck Officer is on active duty as Mate, such Licensed Deck Officer will be paid base pay plus seapay bonus according to the Licensed Deck Officer’s length of service as indicated in Appendix "A".
2. During each month that an Licensed Deck Officer is on vacation the Licensed Deck Officer will be paid vacation bonus according to the Licensed Deck Officer’s length of service as indicated in Appendix "A".
3. Vacation pay will be paid to the MM&P Vacation Plan by the Company. The Licensed Deck Officer will apply to the Plan to receive his net vacation pay (note Section 18).