ILWU Head Convicted of Obstruction

After a three-day trial in Cowlitz County, Washington Superior Court, International Longshore and Warehouse Union International President Robert McEllrath was convicted Sept. 28 of a misdemeanor charge of obstructing a train bound for the Port of Longview’s EGT grain terminal during a protest last year.

After a six-person jury found McEllrath guilty, he was sentenced to serve one day in jail, with 89 other days suspended. He was also ordered to pay $543 in fines.

At the time of the Sept. 7, 2011 protest, which ultimately led to the conviction, ILWU Local 21 had been in a dispute with terminal operator EGT over EGT’s labor usage. The local had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU workers.

The company, however, said its lease agreement with the port did not specify ILWU workers. Members of International Union of Operating Engineers Local 701 had been working at the terminal.

“Fighting for good jobs in America shouldn’t be a crime,” McEllrath said following his arrest.

He was first tried in District Court last June, but the two-day trial ended after the six jurists hearing the case couldn’t agree on a verdict, resulting in a hung jury.

Before being sentenced after the retrial, he was unrepentant, telling the court he had “no regrets about leading men and women against corporate greed and helping them fight to protect middle class jobs in America.”

The labor issue was eventually settled under an agreement ratified by the port Jan. 27 and signed with the union in early February. Under it, all labor at the terminal must be dispatched through the Local 21 union hall.

Although McEllrath, who is based in San Francisco, is the highest-ranking union member convicted in the case, the president of the Local 21 chapter and a member of the union’s executive board both pleaded guilty in March to charges related to last summer’s protests.

ILWU dockworkers at a handful of Pacific Northwest seaports reportedly walked off the job Sept. 28 in protest of the conviction, including at the Port of Portland and Port of Longview, where a handful of union members left after the verdict was read around 4 pm. They then returned to work one to two hours later and no major disruptions of workflow were reported.

ILWU’s McEllrath Retried on Obstruction Charges

International Longshore and Warehouse Union President Robert McEllrath is being retried in a Cowlitz County, Washington court on charges that he helped obstruct a train during protests at a Port of Longview grain terminal last summer.

The retrial began Sept. 26 in Cowlitz County District Court. McEllrath was first tried in District Court last June, but the two-day trial ended after the six jurists hearing the case couldn’t agree on a verdict, resulting in a hung jury.

The union head is accused of a misdemeanor charge of obstructing a train during a Sept. 7, 2011 protest at the EGT grain terminal. Prosecutors contend he directed ILWU members and supporters to block a grain delivery train.

At the time, ILWU Local 21 was in a dispute with terminal operator EGT over EGT’s usage of labor. The local had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU workers. The company, however, said its lease agreement with the port did not specify ILWU workers. Members of International Union of Operating Engineers Local 701 had been working at the terminal.

The labor issue was settled under an agreement ratified by the port Jan. 27, which states that all labor at the terminal must be dispatched through the Local 21 union hall.

Although McEllrath had been the highest-ranking union member charged in the case, he was not the only one. In March, the president of the Local 21 chapter and a member of the union’s executive board both pleaded guilty to charges related to last summer’s protests at the terminal.

McEllrath has denied the charge, saying he had no control over the crowd during the protest.

Port of Longview Rebounds with Strong 2nd Quarter

The opening of the EGT grain terminal at the Port of Longview’s Berth 9 is already paying off for the port, and in a big way.

Longview, which lost about $165,000 the first three months of 2012, rebounded to finish the first half of the year with $3 million in net income, thanks in large part to the EGT facility, which opened for business in February.

“It’s certainly the strongest second-quarter performance I’ve seen,” port Executive Director Ken O’Hollaren said Aug. 24. O’Hollaren, who joined the port in 1980, retires at the end of the year.

Exports of grain, imports of calcined coke and imports of new wind energy equipment were the main cargos contributing to the financial resurgence, according to the port.

Since February, EGT has exported 1.3 million tons of wheat, soybeans and corn gluten meal, according to the port. Also, the port handled 2,000 tons of wind energy cargo imports from April to June; in 2011, no wind energy cargo passed through the port.

EGT officials say that at full capacity, the terminal will export between eight and nine million tons of grain annually and generate $5 million to $8 million in shipping revenue for the port. EGT spokesman Matthew Beck has previously said the company expects to load 150 to 200 ships annually bound for Asia.

Up until late January, a prolonged labor dispute was ongoing between EGT and International Longshore and Warehouse Union Local 21, stemming from the company using the services of a union other than the ILWU at the terminal. The port’s three-member commission ratified a settlement giving the ILWU control over the grain handling union jobs Jan. 27.

EGT is a $200 million joint venture between Bunge Ltd, ITOCHU International and STX Pan Ocean. Berth 9 was the first export grain terminal built in the United States in over 25 years.

Ribbon Cutting Held at Longview’s EGT Terminal

Numerous federal, regional and local officials participated in a ceremony to formally commemorate the opening of the port’s new EGT grain terminal at the Port of Longview July 9, a venture which had a cloudy future just a few months ago.

“This is the single largest capital investment that’s ever been made in Longview. It really puts us back in the grain trade in a very big way,” port Executive Director Ken O’Holleran said during the ceremony.

Up until January of this year, a prolonged labor dispute was ongoing between EGT and International Longshore and Warehouse Union Local 21, stemming from the company using the services of a union other than the ILWU at the Berth 9 terminal, which is a $200 million joint venture between Bunge Ltd, ITOCHU International and STX Pan Ocean.

But on Jan. 27, the port’s three-member commission ratified a settlement giving the ILWU control over the grain handling union jobs.

Berth 9 was the first export grain terminal built in the United States in more than 25 years. EGT spokesman Matthew Beck has previously said the company expects to load 150 to 200 ships annually bound for Asia.

The new grain terminal could quadruple the tonnage of cargo that passes through Longview, according to port officials.

Although this was the official dedication, the terminal actually opened in February with the arrival of the grain ship Full Sources, which is owned by STX Pan Ocean.

Mistrial Declared in Case Against ILWU President

The trial of International Longshore and Warehouse Union President Robert McEllrath has ended in a mistrial after a six-person jury deliberating the case in Washington state couldn’t reach a unanimous decision on the charges against him.

McEllrath had been accused of standing on the railroad tracks with several hundred other ILWU members and supporters to stop a train that was scheduled to deliver grain to the Port of Longview’s EGT grain terminal on Sept. 7, 2011.

The three-man, three-woman jury assigned to the case by the Cowlitz County District Court deliberated for about two-and-a-half hours June 29 before informing the judge that it was deadlocked on the charges, all of which were misdemeanors.

“The ILWU hopes that this result ends this chapter and that Cowlitz County can move on with the business of finding good local jobs for local workers,” union vice president Ray Familathe said.

The judge in the case has scheduled a hearing for July 5 to determine if the case will be retried.

The labor dispute stemmed from company using the services of a union other than the ILWU at Berth 9, a $200 million joint venture at Longview between Bunge Ltd., ITOCHU International and STX Pan Ocean.

Union Local 21 had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU labor. The company, however, said its lease agreement with the port did not specify ILWU workers. Members of International Union of Operating Engineers Local 701 had been working at the terminal.

The Sept. 7 protest was part of a summer-long series of demonstrations by the union at the port that led to dozens of arrests.

The labor issue was settled under an agreement ratified by the port Jan. 27, which states that all labor at the terminal must be dispatched through the Local 21 union hall.

Although McEllrath had been the highest ranking union member charged in the case, he was not the only one. In March, the president of the Local 21 chapter and a member of the union’s executive board both pleaded guilty to charges related to last summer’s protests at the terminal.

Grain Terminal Fires Hit Portland, Longview

Two grain terminal fires have occurred within days of each other in the greater Portland area, but the two blazes are believed to be unrelated.

On April 10, firefighters were called to Columbia Grain, Inc. in north Portland around 11:15 a.m. after an employee smelled smoke coming from a 125-foot silo, according to Portland Fire & Rescue.

The fire, which turned out to be caused by one of the facility’s grain elevators, was quickly doused, but firefighters remained on hand for several hours afterward to monitor the silo for signs of smoke. No injuries were reported.

Columbia Grain exports hard and soft wheat to destinations around the world. At the time of the fire, the Nord Ocean cargo ship out of Panama was docked at the grain facility awaiting a load of grain, according to Portland Fire.

The ship was not affected by the fire, according to the fire department.

Days earlier, on April 7, several fire agencies responded to a grain fire at the new EGT terminal at the Port of Longview.

The blaze started just before 9 am in the conveyor system above the Panama-flagged freighter Navios Gemini S, which was being loaded with wheat. Burning debris fell into the ship’s hull, but the ship itself suffered no damage, according to fire authorities.

The fire, which was extinguished by 2 pm, is still under investigation to determine the exact cause, according to the port.

No injuries were reported, but the ship’s operators say they’ve elected to keep the vessel’s other two loaders offline for at least a few days while the fire’s cause in investigated.

ILWU Officials Plead Guilty

The president of the International Longshore and Warehouse Union’s Local 21 chapter and a member of the union’s executive board have both pleaded guilty to charges related to last summer’s protests at the EGT terminal at the Port of Longview.

On March 15, Daniel Craig Coffman submitted a guilty plea to misdemeanor second-degree criminal trespass charges for his role in protests conducted at the ports on two occasions last September and one in July.

He was sentenced by Cowlitz County District Court to 20 hours of community service and fined $600.

Two days before Coffman issued his plea, ILWU executive board member Michael Kelly Muller pleaded guilty in Superior Court to one count of obstructing/delaying a train during a Sept. 7 picket and one count of second-degree criminal trespass during a July 11 protest.

He was sentenced to a day in jail, 10 hours of community service and $200 fine.

The pickets and subsequent arrests were part of a labor dispute between the union and EGT, the operator of a grain terminal at the port. Over the course of the protests, which lasted much of last summer, more than 200 members of ILWU Local 21 and their supporters were arrested, with most being charged with trespassing and disorderly conduct.

The dispute stemmed from company using the services of a union other than the ILWU at Berth 9, a $200 million joint venture between Bunge Ltd., ITOCHU International and STX Pan Ocean.

Local 21 had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU labor. The company, however, said its lease agreement with the port did not specify ILWU workers. Members of Operating Engineers Local 701 had been working at the terminal.

The issue was settled under an agreement ratified by the port Jan. 27. It says that all labor at the terminal must be dispatched through the Local 21 union hall. Notably, however, the agreement did not alleviate the ILWU from responsibility for estimated hundreds of dollars in damage inflicted on the terminal during the months of protests.

Three union members who participated in the protests are facing a variety felony charges, including sabotage and assault with a deadly weapon.
Their trials are expected to begin later this year.

ILWU Expands Scope of Civil Rights Lawsuit

The International Longshore and Warehouse Union has expanded the scope of a federal lawsuit it filed last September alleging civil rights violations in connection with protests held at a Port of Longview terminal last summer.

Two more Cowlitz County law enforcement officials, Sheriff’s Department chief deputy Charlie Rosenzweig and county prosecutor Sue Baur, have been added to the suit, joining Longview Police Chief Jim Duscha, County Sheriff Mark Nelson, the county of Cowlitz County and the City of Longview as defendants.

The suit, which was filed with the US District Court in Tacoma, alleges that law enforcement officials overstepped their legal boundaries when arresting ILWU members and supporters on various misdemeanor and felony charges during and after the protests.

The union contends that police followed some protestors home and placed them under arrest there, instead of following the common practice of mailing misdemeanor citations.

The union’s lawsuit, which seeks compensatory and punitive fines against the city and county, does not list any dollar amounts.

A jury trial is scheduled to start in March of 2013, however the two sides also have been ordered into mediation to work on the possibility of settling the case out of court. Arbitration is expected to begin this spring.

Over the course of the protests, which lasted much of last summer, more than 200 members of ILWU Local 21 and their supporters were arrested. Most were charged with trespassing and disorderly conduct. So far, the dozens of arrests have resulted in a handful of convictions during jury trials, but also some acquittals. Other cases were dismissed for lack of evidence.

The pickets were part of a labor dispute between the union and EGT, the operator of a grain terminal at the port. The dispute stemmed from company using the services of a union other than the ILWU at Berth 9, a $200 million joint venture between Bunge Ltd., ITOCHU International and STX Pan Ocean.

Local 21 had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU labor. The company, however, said its lease agreement with the port did not specify ILWU workers. Members of Operating Engineers Local 701 had been working at the terminal.

The issue was settled under an agreement ratified by the port Jan. 27. It says that all labor at the terminal must be dispatched through the Local 21 union hall. Notably, however, the agreement did not alleviate the ILWU from responsibility for estimated hundreds of dollars in damage inflicted on the terminal during the months of protests.

Longview Protestors Plead Guilty

The fallout from last summer’s labor unrest regarding the Port of Longview’s EGT grain terminal continues, as two men who were arrested during last summer’s protests at the terminal have pleaded guilty to trespassing, while another now faces felony charges.

According to court documents, 51-year-old Rollin Axt of Kelso, and Ryan Sherman, 28, of Longview, were fined $200 and ordered to perform 20 hours of community service by Cowlitz County District Court after admitting to the misdemeanors.

The men, who pled guilty last week, were among almost 150 people arrested during July 11 protests by the International Longshore and Warehouse Union Local 21 and supporters against the terminal operator.

Axt and Sherman, however, represent rare victories for prosecutors in the cases. In the cases that have been brought to the court since December, juries have found numerous protestors not guilty, and charges have been dropped against others. In mid-February, criminal trespass cases against eight more protestors were dropped.
Dozens more cases are still pending, however. On Feb. 13, longshoreman William Halladay, 47, of Castle Rock, was formally charged by the Cowlitz County Sheriff with second degree assault with a deadly weapon and endangering the safety of a train, both felonies.

Halladay is alleged to have used a log-stacking machine to dangle heavy logs above railroad tracks and in front of a train bound for the terminal on Sept. 21, forcing the train to stop.

The protests stemmed from EGT using the services of a union other than the ILWU at the $200 million grain terminal. Local 21 had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU labor. Members of Operating Engineers Local 701 had been working at the terminal.

During some protests last year, picketers stormed the facility, cut brake lines on rail cars and dumped grain from the cars, among other things, which led to dozens of arrests on trespassing and disorderly conduct charges.

The dispute was settled with a new labor contract earlier this year.

Longview Grain Ship Docks Without Incident

Workers from the International Longshore & Warehouse Union helped dock the first ship to ever call at the new EGT grain terminal at the Port of Longview this week, a ship whose arrival they’d originally planned to picket.

The arrival of the grain ship Full Sources, which occurred without incident around mid-day on Feb. 7, came just over two weeks after the settlement a prolonged labor dispute that led to dozens of arrests and hundreds of thousands of dollars in fines last summer.

“EGT is open for business,” company CEO Larry Clarke said.

The Full Sources, which is owned by EGT partner Pan Ocean STX, is scheduled to take 57,000 tons of wheat to South Korea.

For weeks, the union members had planned to picket the 740-foot merchant ship’s arrival at the new Berth 9 terminal, but that all changed last week after ILWU Local 21 was able to hammer out a labor agreement with the terminal operator.

The dispute stemmed from the company using the services of a union other than the ILWU at Berth 9, which is a $200 million joint venture between Bunge Ltd., ITOCHU International and STX Pan Ocean.

Local 21 had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU labor. The company, however, said its lease agreement with the port does not specify ILWU workers, and members of Operating Engineers Local 701 had been working at the terminal.

As part of the conflict, ILWU members and supporters picketed the facility last summer. During some protests, picketers stormed the facility, cut brake lines on rail cars and dumped grain from the cars, among other things, which led to dozens of arrests on trespassing and disorderly conduct charges.

A federal trial on the dispute had been scheduled for March, but was suspended after the office of Washington Gov. Chris Gregoire announced on Jan. 23 that it had negotiated an agreement between the two sides.

Berth 9 is the first export grain terminal built in the United States in more than 25 years. EGT spokesman Matthew Beck said the company expects to load 150 to 200 ships annually bound for Asia. The new grain terminal could quadruple the tonnage of cargo that passes through Longview, according to port officials.

EGT, ILWU Reach Tentative Labor Agreement

After being brought together by Gov. Christine Gregoire to find common ground, export grain terminal operator EGT and the International Longshore and Warehouse Union have reached a tentative agreement that ends a months-long, sometimes violent labor dispute at the Port of Longview.

Neither the company nor the union has thus far revealed the details of the settlement, but each side confirmed in a Jan. 23 announcement that negotiations have been productive.

“The ILWU and EGT have reached a tentative settlement to resolve the pending legal matters between the parties and the Port of Longview,” EGT CEO Larry Clarke said in the statement, which was released by Gregoire's office. “While the parties are still working to finalize certain conditions over the next several days, we are optimistic we can resolve the dispute and get on with the business of operating the facility,” Clarke said.

Longview’s EGT terminal is a $200 million joint venture between Bunge Ltd, ITOCHU International and STX Pan Ocean.

The dispute stemmed from company using the services of a union other than the ILWU at the terminal. Members of union Local 21 had contended that its contract with the Port of Longview required that the 25 to 35 jobs inside the terminal go to ILWU labor. The company, however, said its lease agreement with the port does not specify ILWU workers.

ILWU members and supporters picketed the facility throughout last summer over the issues, and a federal trial on the dispute was scheduled to begin in March.

Earlier this month, the union announced plans to picket the first incoming grain ship, due in late January. But that protest, like the federal trial, has apparently been called off, or at least put on hold.

During the previous pickets, protesters had stormed the facility, cut brake lines on rail cars and dumped grain from the cars, among other things, which led to dozens of arrests on trespassing and disorderly conduct charges.

The first two criminal cases led to not-guilty verdicts in jury trials, and prosecutors later dropped the criminal charges against numerous other arrestees. Dozens of other cases are still pending in the criminal justice system, but many, if not most, could be dismissed.

“This is a win for the ILWU, EGT, and the Longview community,” ILWU President Robert McEllrath said of the agreement. “The ILWU has eight decades of grain export experience in the Northwest, and we look forward to the opportunity to develop a positive working relationship with EGT.”

It’s currently unclear how the agreement would affect Operating Engineers Local 701, the union whose members had been working at the terminal.

Charges Against 9 Longview ILWU Protestors Dropped

Prosecutors in Cowlitz County, Washington have dropped trespassing charges against nine dockworkers and supporters who were arrested during protests at the Port of Longview’s EGT terminal last summer.

Second-degree criminal trespass accusations were dismissed against six people who were arrested during a Sept. 7 protest where hundreds of International Longshore and Warehouse Union members and supporters blocked an incoming grain train.

Criminal trespassing and disorderly conduct charges were also dropped against three people who were arrested at an EGT protest on July 25.

Prosecutors first made the motion to dismiss the charges in a Dec. 30 filing. The charges against eight of the nine individuals were dismissed without prejudice, meaning they can be filed again at a later time. Prosecutors have not indicated, however, whether any refiling of charges is a possibility.

For those keeping score, the tally so far is Defendants: 11, Prosecutors 0. The first two protestors to be brought to trial were both declared not guilty during jury trials in December.

The protests were part of a prolonged labor action against EGT, which is a joint venture between Bunge Ltd, ITOCHU International and STX Pan Ocean.

Members and supporters of ILWU Local 21 picketed the facility throughout last summer over labor issues, with the local saying its contract with the Port of Longview requires that the 25 to 35 jobs inside the terminal go to unionized labor.

The company, however, says its lease agreement with the port does not specify ILWU labor. It employs members of a different union, which represents operating engineers. A federal trial on the dispute is expected to begin in March.

During last summer’s pickets, protesters stormed the facility, cut brake lines on rail cars and dumped grain from the cars, among other things, which led to dozens of people being arrested on trespassing and disorderly conduct charges.

In September, the union was ordered by a US district judge in Tacoma to pay $250,000 in compensation to EGT and local authorities for the damage caused.
The union is appealing the ruling.

The six Sept. 7 protestors who’ve had the charges against them dismissed are Cary Justin Brister, Matthew Paul Hellem and Lowell W. Lovgren of Kelso, and Jeffrey Bryant Lenora Michelle Bryant and Gregory D. Carse of Vancouver.

The three July 25 picketers who had charges against them dropped were Shelly Ann Porter of Longview, George R. Johnson of Kelso and William Roberts of Clatskanie. Roberts is the sole protestor whose charges were dismissed with prejudice, meaning the charges against him cannot be refiled.

Groups Plan EGT Grain Ship Protest

The Occupy movement and International Longshore and Warehouse Union both say they’re planning to protest at the Port of Longview’s EGT terminal to coincide with the arrival of the facility’s first grain ship, but the two groups differ drastically on their planned approaches.

In a letter to union locals last week regarding the planned protest, ILWU President Bob McEllrath said that the ship, which is due in later this month though the exact date is still undetermined, is expected to be escorted in from the mouth of the Columbia River by the US Coast Guard, and then protected by multiple law enforcement agencies.

He urged that caution be taken so that events don’t spiral out of control.

“Any showing of support for Local 21 at the time that a vessel calls at the EGT facility must be measured to ensure that the West Coast ports have sufficient manpower so as not to impact cargo movement for PMA member companies,” he wrote in the Jan. 3-dated letter.

“A call for a protest of EGT is not a call for a shutdown of West Coast ports and must not result in one,” he wrote, referencing the Dec. 12 protests by the Occupy movement that impeded cargo traffic at some ports along the North American West Coast.

Occupy Longview spokesman Paul Nipper, however, has said his group’s members would actively try to prevent the ship from being loaded and has called on Occupy members from across the country to participate.

The protests would be the latest in a series in a continued labor action against EGT, which is a joint venture between Bunge Ltd, ITOCHU International and STX Pan Ocean.

Members and supporters of ILWU Local 21 picketed the facility throughout last summer over labor issues, with the local saying its contract with the Port of Longview requires that the 25 to 35 jobs inside the terminal go to unionized labor.

The company, however, says its lease agreement with the port does not specify ILWU labor. It employs members of a different union, which represents operating engineers. A federal trial on the dispute is expected to begin in March.

During the previous pickets, some protesters stormed the facility, cut brake lines on rail cars and dumped grain from the cars, among other things, which led to dozens of people being arrested on trespassing and disorderly conduct charges.

In September, the union was ordered by a U.S. district judge in Tacoma to pay $250,000 in damages.

Longview Dockworker Acquitted of Disorderly Conduct

A longshoreman who’d been charged with disorderly conduct for obstructing traffic during a protest at the Port of Longview has been acquitted during a jury trial.

It took a Cowlitz County District Court jury just 12 minutes of deliberations on Dec. 30 before finding longshore worker Kelly Powell not guilty.

Powell, 44, of Toutle, stood accused of intentionally blocking a car driven by a security company employee from entering the Port of Longview’s EGT grain terminal during a July 25 protest.

Surveillance video played during the trial showed that the car in question, which was driven by the head of a security firm hired by the terminal operator, never actually tried to enter the terminal gates as Powell and other protestors milled outside.

The video showed that the vehicle sat idle for about 10 minutes with its hazard lights on before the picketers were shuffled off by sheriff’s deputies.

The prosecution alleged that Powell then intentionally blocked the car, but the defense said he had merely walked past the vehicle while trying to find a quiet spot to talk on his cellular phone.

Powell and other International Longshore and Warehouse Union members and supporters had been picketing the terminal as part of an ongoing dispute over labor issues.

The ILWU says its contract with the port requires that the 25 to 35 jobs inside the terminal must go to unionized labor. The company, however, says its lease agreement with the port does not specify ILWU labor. It employs members of a different union.

During protests in July and September, over 200 longshore workers and supporters were arrested or received summonses to appear on misdemeanor charges related to the protests, including malicious mischief and disorderly conduct.

The first of what’s expected to be a long series of trials related to the case ended Dec. 19 when a jury found that Shelly Ann Porter, 39, of Longview, was lawful in her use of force in slapping the hand of EGT grain terminal manager Gerry Gibson.

During the trial, Porter defended her action by saying she committed it to prevent Gibson from taking her picture against her will.

Most cases in the July protests are set for trial in Cowlitz County District Court in the early part of this year.

Longview ILWU Member Beats Assault Charge

An International Longshore and Warehouse Union member has been found not guilty of assaulting the manager of a grain terminal during a July 22 protest at the Port of Longview.

A jury last week found that Shelly Ann Porter, 39, of Longview, was lawful in her use of force in slapping the hand of EGT grain terminal manager Gerry Gibson. During the trial, which ended Dec. 19, Porter had defended her action by saying she committed it to prevent Gibson from taking her picture against her will.

The trial was the first in series that’s expected to take place in the aftermath of multiple labor actions conducted in July and September at the EGT terminal. The protests were part of a long struggle between the terminal operator and union over labor issues.

The union says its contract with the port requires that the 25 to 35 jobs inside the terminal must go to unionized labor. The company, however, says its lease agreement with the port does not specify ILWU labor. It employs members of a different union.

Over 200 longshore workers and supporters have been arrested or received summonses to appear on misdemeanor charges related to the various protests, including malicious mischief and disorderly conduct.

On Dec. 12, Judge Ron Marshall issued a written ruling declaring that there’s enough evidence to move forward with the trespassing trials of 45 longshore workers and supporters for incidents that occurred when protesters blocked incoming trains during the Sept. 7 and 21 demonstrations.

Most cases in the July protests are set for trial in Cowlitz County District Court in early 2012.

In addition to the dozens of arrests, the union was fined over $300,000 by the federal government for blocking of trains and alleged property damaged caused during three September protests.

The union is appealing the fines.

Judge Denies Motions to Dismiss Longview Trespassing Charges

A district court judge in Washington has rejected legal motions to dismiss criminal trespassing charges resulting from two protests in September at the Port of Longview’s EGT grain terminal.

On Dec. 12, Judge Ron Marshall issued a written ruling declaring that there’s enough evidence to move forward with trials the trials of 45 longshore workers and supporters for incidents that occurred when protesters blocked incoming trains during demonstrations on September 7th and September 21st.

Attorneys for union members had argued in Cowlitz County District Court during a November 30th hearing that the dockworkers’ actions were protected under the US constitutional amendment protecting the right to assemble and that the port didn’t clearly identify which areas were off-limits during the protests.

Judge Marshall was not convinced that the charges didn’t have merit, however, and decided a jury would best decide the matter. The defendants have all been charged with trespassing.

Almost two-dozen people were arrested on the misdemeanor charges during the Sept. 7 demonstration alone, which included a four-hour standoff where about 300 dockworkers and supporters stood on the railroad tracks below an overpass and blocked a mile-long train bound for the port’s EGT terminal.

In addition to the arrests, the International Longshore and Warehouse Union was fined more than $300,000 by the federal government for blocking of trains and alleged property damage caused during the protests. The union is appealing the fines.

The protests were part of a long struggle between the terminal operator and union over labor issues. The union says its contract with the port requires that the 25 to 35 jobs inside the terminal must go to unionized labor.

The company, however, says its lease agreement with the port does not require ILWU labor.

Judge Considers Dropping ILWU Criminal Charges

International Longshore and Warehouse Union lawyers have asked a judge to drop criminal charges against several dozen dockworkers who blocked a train from entering a Port of Longview terminal during a September protest.

Attorneys for union members argued in Cowlitz County District Court on Nov. 30 that the dockworkers’ actions were protected under the US constitutional amendment protecting the right to assemble.

“They were doing something very important to Americans – engaging in First Amendment action,” ILWU attorney Neil Fox told district court judge Ron Marshall during the hearing.

The lawyers also asserted that the port did not clearly identify which areas were off-limits during the protest.

Almost two-dozen people were arrested on misdemeanor charges during the Sept. 7 demonstration, which included a four-hour standoff where about 300 dockworkers and supporters stood on the railroad tracks below an overpass and blocked a mile-long train bound for the port’s EGT terminal.

In addition to the arrests, the union was fined more than $300,000 by the federal government for blocking of trains and alleged property damaged caused during a total of three protests that took place during September. The union is appealing the fines.
The protests were part of a long struggle between the terminal operator and union over labor issues.

The union says its contract with the port requires that the 25 to 35 jobs inside the terminal must go to unionized labor. The company, however, says its lease agreement with the port does not require ILWU workers.

During the Nov. 30 hearing, Marshall didn’t indicate when he might issue a ruling, but said a lack of proof by prosecutors may play a part in his decision.
“We’re still in flux in terms of whether the state has admissible evidence to prove a crime,” he said.