ILWU, PMA Entering Early Contract Negotiations

By Mark Edward Nero

By majority vote on Aug. 11, more than 100 delegates representing International Longshore and Warehouse Union members at ports along the US West Coast voted to enter into discussions with representatives of the Pacific Maritime Association regarding a contract extension.

The extension would be to the 2014-2019 collective bargaining agreement between the ILWU and PMA that was ratified in May 2015. The agreement, which was announced in February of last year, came together after nine months of occasionally contentious talks between the union and management.

The current contract, which was made retroactive to July 1, 2014, runs through June 30, 2019.

It was the employer group that made the initial request to discuss the possibility of an extension to the 2014-2019 collective bargaining agreement. The more than 100 delegates representing ports from San Diego to Bellingham, Washington convened last week to consider and approve the request.

With the consent, union leadership will now meet with the PMA and report the initial results back to membership. “The caucus made a tough decision under current circumstances amid a wide range of concerns and opposing views on how to respond to PMA’s request,” ILWU International President Robert McEllrath said in a statement. “This is a directive to go and have discussions with the PMA and report back to the membership, and we’ll do just that, with the wellbeing of the rank and file, our communities, and the nation in mind.”

Negotiations regarding the previous contract extension didn’t begin until weeks before the contract’s July 1, 2014 expiration and dragged on several months before an agreement was eventually hammered out.

Union, Grain Handler Companies Reach Deal

By Mark Edward Nero

The Federal Mediation and Conciliation Service says that a tentative agreement has been reached in the contentious two-year labor dispute at Northwest grain terminals. The agreement between the International Longshore and Warehouse Union and Pacific Northwest Grain Companies was reached just before midnight on August 11.

“After engaging in difficult and contentious bargaining for over two years, including multiple marathon mediation sessions... the announcement of the tentative agreement, subject to the ratification of ILWU membership, represents an amazing achievement of a potentially positive outcome,” FMCS Acting Director Scot Beckenbaugh said.

The Washington, DC-based Mediation and Conciliation Service said that in accordance with the agency’s longstanding policy on confidentiality, it won’t comment on or disclose the terms of the agreement.

The contract dispute initially involved six terminals operating under a single collective bargaining agreement with the ILWU: Portland-based Columbia Grain; Vancouver, Washington-based United Grain; TEMCO, which operates grain elevators in Portland and Tacoma, Washington; and Louis Dreyfus Commodities, which has grain elevators in Seattle and Portland.

However TEMCO, which is owned jointly by agricultural cooperative CHS Inc. and agricultural purchase and distribution company Cargill, broke from the alliance in December 2012 and separately negotiated a contract with the union in the spring of 2013.

In May 2013, Columbia Grain, which is owned by Japanese trader Marubeni Corp, locked out its unionized workforce because, it claims, members of the International Longshore and Warehouse Union were purposefully engaging in a work slowdown at its Port of Portland terminal.

Similarly, United Grain indefinitely locked out its union dockworkers in February 2013, after accusing a union official who worked there of sabotaging equipment in retaliation for contentious ongoing contract negotiations.

The grain companies began negotiations with the union in September 2012, with the ILWU saying at the time that it wouldn’t budge on some concessions the owners have asked for, such as 12-hour work shifts, an ability to bypass the union hiring hall and being given greater control over the ability to fire dockworkers.

Grain Handlers, Union to Resume Contract Talks

After a year of on again, off again negotiations, contracts between the Pacific Northwest Grain Handlers’ Association and the International Longshore and Warehouse Union are set to resume again in the coming weeks.

Officials with the union and the PNGHA both say they’ll renew contract negotiations during meetings to be held soon. But as has been typical of the two sides, there was a disagreement on when the talks would occur.

During the Oct. 8 meeting of the Port of Vancouver USA Commission, ILWU Local 4 President Cager Clabaugh, revealed that talks are set to reopen Oct. 21 and 22. However, Grain Handlers Association spokesman Pat McCormick has said negotiations are set for late October and in November.

The talks would be the first formal ones for the two sides since a summit during late March in Vancouver ended badly after just one day. The two sides began negotiations in September 2012.

The Grain Handlers Association is negotiating for three companies: United Grain, which has an export terminal at the Port of Vancouver; Columbia Grain, which operates a Port of Portland terminal; and LD Commodities, operator of facilities in Portland and Seattle.

The association also represents TEMCO, a joint venture between Cargill and CHS that has facilities in Kalama, Portland and Tacoma. TEMCO and the union, however, reached a five-year contract agreement last spring.

On May 4, Columbia Grain, which is owned by Japanese trader Marubeni Corp, locked out its unionized workforce because, it claims, members of the International Longshore and Warehouse Union were purposefully engaging in a work slowdown at its Port of Portland terminal.

Similarly, United Grain indefinitely locked out its union dockworkers workers Feb. 27, 2013, after accusing a union official who worked there of sabotaging equipment in retaliation for contentious ongoing contract negotiations.

Longview Labor Strife Flares Up...Again

Longshore union protestors on Wednesday again attempted to block a grain-laden train from entering a Port of Longview grain terminal at the center of a labor dispute, leading to the arrest of a dozen protestors including two International Longshore and Warehouse Union officers, as well as wives and mothers of union members.

The two union officers, including ILWU Local 21 President Dan Coffman, and members of the ILWU local's "ladies auxiliary," which reportedly includes wives and mothers of union members, were detained on charges of criminal trespass and obstructing a train.

At least two of the protestors were reportedly treated after being hit by pepper spray from a phalanx of police officers tasked with preventing the train from being blocked.

The train eventually reached its destination at the port's new $200 million grain terminal operated under lease by EGT Development.

The ILWU has been locked in a labor dispute with EGT since June, when the terminal operator hired a different union to provide labor for about 50 positions at the grain facility. The ILWU maintains that EGT, by signing a lease with the port, is required to abide by a labor exclusivity agreement the docker union has with the port.

Since then, more than 200 protestors have been arrested.

Wednesday's action appears to fly in the face of a restraining order issued by a federal judge that bars ILWU members from, among other things, preventing trains from entering the grain facility.

On Sept. 1, Federal District Court Judge Ronald Leighton issued a temporary restraining order against the protesters, admonishing the protesters from engaging in violent action, damaging EGT property, impeding business at the terminal or preventing access to and from the grain terminal.

On Sept. 7, in apparent defiance of the initial restraining order, several hundred protesters prevented a BNSF train loaded with grain from moving through Vancouver on its way to the EGT terminal in Longview. After protesters relented and allowed the train to progress, another group of about 200 protesters blocked the train again as it entered the Longview port. Following a tense hour and a half stand off with police in riot gear, the train was allowed to continue and eventually pulled into the EGT terminal Wednesday night. Nineteen protestors were detained by police at the Longview incident.

Early the next morning, a group of between 400 and 500 protesters stormed the EGT facility, broke down the gates, broke windows in the guard shack, damaged EGT security vehicles, cut brake lines on the grain train and dumped a large amount of the grain from the rail cars before fleeing.

Later the same day, Judge Leighton made the temporary restraining order a preliminary injunction and expanded the order to include all ILWU locals on the West Coast. He warned that a violation of the injunction could carry charges of federal civil contempt and up to $25,000 per violation.

Leighton warned that the ILWU actions over the previous 48 hours had been "patently illegal," and he angrily told union attorneys that while a proper way to protest requires restraint, "Your clients have none of that."

Last Thursday, Judge Leighton made good on his warning, finding the ILWU in contempt of court for the Sept. 8 incident and ruling that the union will have to pay for damages caused by the union raid of the grain facility. An accounting of the full damages is expected by the end of the month.

ILWU Reaches Labor Agreement With PacNW Grain Operators

The International Longshore and Warehouse Union and the Pacific Northwest Grain Elevator Operators (PNGEO) on Wednesday reached agreement on a labor agreement, officials from both sides announced.

The agreement covers six grain facilities in Portland, Seattle, Tacoma and Vancouver that are owned or operated by PNGEO members Cargill, CLD Pacific Grain, Columbia Grain, Louis Dreyfus Commodities, and United Grain.

Noticeably missing from the agreement is EGT Development, the operator of a new $200 million grain terminal at the Port of Longview that has been locked in a contentious labor battle with the ILWU since the summer.

The ILWU/PNGEO agreement effectively isolates EGT, making the Longview operator the only grain export facility in the region without a labor agreement with the ILWU.

The agreement announced Wednesday, which covers wages, benefits, staffing and other issues, remains subject to ratification by 4,000 members of the ILWU in the Oregon and Washington areas. A ratification vote is expected in the next several weeks.
Specific terms of the agreement were not released.

"This collective bargaining agreement between the union and the grain industry shows that there’s a positive relationship that meets the needs of both the workers and the employers," ILWU’s coast committeeman Leal Sundet said in a statement.

"This productive relationship between the union and the employer maintains stability in the industry."

Washington Cargo Ops Back To Normal After Longview Labor Unrest

Cargo operations at Washington state ports appeared to be back to normal after a one-day wildcat strike by union dockers on Thursday shuttered marine facilities at Seattle, Tacoma, and Everett.

The one-day walkout by members of the International Longhsore and Warehouse Union was a show of support – albeit one not officially sanctioned by the union leadership – for ILWU members in Longview protesting EGT Development, the operator of a new $200 million grain export terminal at the port.

EGT signed a lease with the port that calls for the firm to use ILWU labor for roughly 25 to 30 jobs in the terminal, but eventually hired a different union to provide the labor. ILWU members have been protesting against EGT since June.

The protests have at times become contentious, with both sides claiming the other was escalating the situation. More than a hundred protesters have been arrested for various violations since the protests began.

Federal District Court Judge Ronald Leighton issued a temporary restraining order against the protesters two weeks ago, admonishing the protesters from engaging in violent action, damaging EGT property, impeding business at the terminal or preventing access to and from the grain terminal.

Last Wednesday, in apparent defiance of the restraining order, several hundred protesters prevented a BNSF train loaded with grain from moving through Vancouver on its way to the EGT terminal in Longview. After protesters relented and allowed the train to progress, another group of about 200 protesters blocked the train again as it entered the Longview port. Following a tense hour and a half standoff with police in riot gear, the train was allowed to continue and eventually pulled into the EGT terminal Wednesday night. Nineteen protestors were detained by police at the Longview incident.

Early the following morning, a group of between 400 and 500 protesters stormed the EGT facility, broke down the gates, broke windows in the guard shack, damaged a security vehicle, cut brake lines on the grain train and dumped a large amount of the grain from the rail cars before fleeing.

Local police have promised to make arrests over the incident.

Later the same day, Judge Leighton made the temporary restraining order a preliminary injunction and expanded the order to include all ILWU locals on the West Coast. A violation of the injunction could carry charges of federal civil contempt and up to $25,000 per violation.

Leighton called the ILWU actions over the previous 48 hours "patently illegal," angrily telling union attorneys Thursday that there is a proper way to protest.
"It requires some restraint. Your clients have none of that," Leighton said. "They have to obey local laws. They must restrain themselves from violence, threats, vandalism and the like."

Leighton also scheduled a Sept. 15 hearing to determine if the ILWU was guilty of civil contempt in violating the original restraining order.

EGT, which was in the final start-up phase of the terminal when the protests began, said late last week that it now plans to bring the facility fully on-line.

Hundreds of ILWU Members Storm Longview Grain Facility, Damage Rail Cars and Dump Grain

Hundreds of union dockers protesting the operator of a new $200 million Longview port grain facility stormed the gates of the facility early Thursday, detained security guards, damaged train cars and dumped a reported 10,000 tons of grain from rail cars onto the tracks.

Members of the International Longshore and Warehouse Union from the Seattle, Tacoma, and Everett ports either joining in the Longview action or simply staying at home in support effectively shuttered the three ports Thursday. The union has labeled the Seattle and Tacoma members' actions as a wildcat strike and said it is investigating the extent.

According to police reports, as many as 500 ILWU members took part in the early morning protest in Longview, which ended with no injuries and no arrests. ILWU members were in the facility for several hours and police reported that in addition to the dumped grain, the facility's six security guards were detained, a security vehicle damaged, guard shack windows broken, and railcar brake lines cut. It is the second time protestors have broken into the terminal since the protests began in July.

The ILWU said that those involved in Thursday's incident, which reportedly attracted union members from as far away as Seattle and Tacoma, were not acting under union orders.

The incident comes one day after more than a dozen ILWU members were arrested in two attempts to block the same train.

Early Wednesday morning, more than 200 members of the International Longshore and Warehouse Union took up positions on the Burlington Northern Santa Fe tracks in downtown Vancouver. The grain-laden BNSF train, heading to the EGT grain facility at Longview roughly 35 miles to the north, was blocked until the late afternoon, when it finally resumed heading for Longview.

Hundreds more ILWU members, led by ILWU President Robert McEllrath, blocked the train again near the Port of Longview. After an hour and a half standoff, and the appearance of more than 40 police officers in riot gear, the dockers relented and allowed the train to complete its trip to the grain facility. There were reports that police used clubs and pepper spray at the Longview blockade. Newswire photos from the incident show protesters scuffling with police, who eventually made 19 arrests including McEllrath.

The eight months of ILWU protests in Longview, which have seen more than 100 arrests, center on the summertime decision by EGT – through a subcontractor – to use workers from a different labor union to staff the facility.

The ILWU contends that EGT, in signing a lease last year with the port, also agreed to the ILWU labor exclusivity agreement with the port and EGT is thus required to hire ILWU members for the roughly 100 positions at the facility.

Thursday's incident and both of Wednesday's train incidents appear to run counter to a federal judge's temporary restraining order issued last week against the ILWU, which specifically barred the union from engaging in "unlawful...picket line violence, threats and property damage, mass picketing and blocking of ingress and egress at the facility of EGT."

US District Court Judge Ronald Leighton also prohibited the ILWU from "restraining or coercing the employees of EGT...or any other person doing business in relation to the EGT facility."

The restraining order was requested by the National Labor Relations Board, which only days before had filed a formal complaint contending that the ILWU picketers have no legitimate labor issue with EGT while simultaneously engaging in illegally violent, aggressive and coercive actions against the firm.

An administrative law judge is set to hear the NLRB complaint on Oct. 11 in Portland.
Judge Leighton's temporary restraining order will be in effect through Sept. 10, and the judge plans to conduct a hearing Friday to considering making the restraining order permanent.

ILWU officials said last week they believe the judge's order still permits members to picket EGT.

Judge Issues Restraining Order Against ILWU Pickets at Longview Port Facility

A federal judge has issued a temporary restraining order against Port of Longview union dockers who have essentially shut down a new $200 million grain terminal at the port over a labor dispute with grain facility operator EGT Development.

In the order issued Thursday, District Court Judge Ronald Leighton prohibits members of the International Longshore and Warehouse union from engaging in "unlawful...picket line violence, threats and property damage, mass picketing and blocking of ingress and egress at the facility of EGT."

Leighton also prohibited the ILWU from "restraining or coercing the employees of EGT... or any other person doing business in relation to the EGT facility."

The restraining order was requested by the National Labor Relations Board, just days after the federal agency filed a formal complaint accusing the Longview ILWU local of unfair labor practices. The NLRB contends that the picketers have no legitimate labor issue with EGT while simultaneously engaging in illegally violent, aggressive and coercive actions against the firm.

An administrative law judge is set to hear the NLRB complaint on Oct. 11 in Portland. If the NLRB complaint is upheld, it could force the ILWU members to end the eight-month long labor dispute.

Judge Leighton's temporary restraining order will be in effect through Sept. 10, and the judge plans to conduct a Sept. 8 hearing to considering making the restraining order permanent.

The ILWU protests, which at times have seen hundreds of dockers protesting outside the grain facility, center on the decision by EGT – through a subcontractor – to use non-ILWU union workers to staff the facility. EGT has said that using the non-ILWU union workers will save the firm more than $1 million a year.

ILWU Local 21, which covers the Longview port, contends that EGT, in signing a lease with the port, also agreed to the union's labor exclusivity agreement with the port and EGT is thus required to hire ILWU members.

Negotiations between EGT and the ILWU over the approximately 50 positions at the facility broke down earlier this year and local ILWU protests since have at times shuttered the grain facility, halted rail service, and led to the arrest of numerous picketers. The union blames EGT for the recent escalations in the protests.

EGT sued the port in January, arguing that it is not bound by the contract between the port and the ILWU. The union requested to join the port in the suit, a move that was recently approved by the court. The case is expected to be heard sometime this month.

ILWU officials said they believe Judge Leighton's order still allows members to picket EGT, albeit within the guidelines set down by the judge.

EGT has not said if it will resume activity at the facility, which was nearing the final stages of completion when the picketing began.

NLRB Files Complaint Against ILWU Picketers at Longview Port

In what may be a blow to union dockers protesting the operator of a $200 million Port of Longview grain facility, the National Labor Relations Board on Monday filed a complaint accusing the local longshore union of unfair labor practices.

An administrative law judge is set to hear the NLRB complaint on Oct. 11 in Portland. If the NLRB complaint is upheld, it could force the local International Longshore and Warehouse Union members to end the eight-month long labor dispute.

The ILWU protests center on the decision by Longview grain terminal operator EGT Development to use an outside union contractor instead of ILWU members to staff the facility, a move EGT says will save it more than $1 million a year.

ILWU Local 21, which covers the Longview port and has a labor exclusivity contract with the port, contends that the ILWU holds jurisdiction over the grain terminal.

Negotiations between EGT and the ILWU over the approximately 50 positions at the facility broke down earlier this year and local ILWU protests since have at times shuttered the grain facility, halted rail service, and led to the arrest of several picketers. The union blames EGT for the recent escalations in the protests.

EGT sued the port in January, arguing that it is not bound by the contract between the port and the ILWU. The union requested to join the port in the suit, a move that was recently approved by the court. The case is expected to be heard sometime this month.

In its complaint, the NLRB argues that because the ILWU and EGT never signed an agreement before talks broke down, the ILWU has no complaint against the firm. Both the ILWU and EGT disagree on who broke off the talks in January. The NLRB goes on to assert that the ILWU's actual grievance is against the subcontractor that EGT hired to provide labor at the grain facility, which, ironically, is using union labor, albeit not ILWU labor.

The NLRB also contends: the ILWU picketers have at times been "violent and aggressive," including destroying EGT property and harassing employees; the ILWU is attempting to force EGT to hire a subcontractor that would only hire union labor, a violation of labor laws; the ILWU is attempting to prevent EGT from using their current labor subcontractor, also a violation of labor law.

The NLRB said that the accusations in the complaint remain allegations until the administrative judge can rule on the matter, but the federal agency hopes that the ILWU and EGT can come to a negotiated settlement.

Longview Labor Dispute Sees Seven Arrested

An ongoing labor dispute between West Coast dockers and the operator of a nearly-complete grain terminal at the Port of Longview led to the arrest Monday of seven pro-union protesters, including one on suspicion of felony harassment.

The protests center on the decision by grain terminal operator EGT Development to use an outside union contractor instead of International Longshore and Warehouse Union members to staff the facility, a move the firm says will save it more than $1 million a year.

ILWU Local 21, which covers the Longview port and has a contract with the port, contends that the ILWU holds jurisdiction over the grain terminal.

Negotiations between EGT and the ILWU over the approximately 50 positions at the facility broke down earlier this year and local ILWU protests since have shuttered the grain facility at times and even halted rail service to the facility. The union blames EGT for the recent escalations in the protests.

EGT sued the port in January, arguing that it is not bound by the contract between the port and the ILWU. The union requested to join the port in the suit, a move that was recently approved by the court. The case is not expected to be heard until September.

Washington state authorities made the most recent arrests, according to authorities, as protesters blocked traffic at the grain terminal. Five of the protesters were arrested on suspicion of disorderly conduct, one on suspicion of trespassing and one on suspicion of felony harassment.

Plan Envisions New $15M Dispatch Hall for SoCal Dockers

Dockers at the Southern California ports of Long Beach and Los Angeles may soon have new digs under a plan awaiting approval by Los Angeles port officials.

A new $15 million International Longshore and Warehouse Union dispatch hall, measuring nearly 33,000 square feet, is being proposed to replace the 9,200-square-foot 1940s-era hall in Wilmington currently being used.

The new hall, with a tentative completion date in 2013, would also boost the number of parking spaces from the about 50 at the current hall to more than 800 at the new location about a half-mile away at the intersection of Anaheim and Alameda streets.

The plan would also consolidate an additional smaller satellite hall, also in Wilmington and used mainly by ILWU casuals, into the new facility.

The union and the two ports have been looking at various sites for a new hall within the two ports for close to a decade.

The governing board for the Port of Los Angeles is set to vote in May on a nominal $1-per-year 32-year lease to the Pacific Maritime Association for the site of the proposed hall.

The PMA, which represents the shipping industry and hires the dockers, will pay for the construction of the new hall and the ILWU will sublease the site for $2,050 a month to help the PMA recoup the construction costs.

Canadian Dockers' Contract Talks Causing Cargo Diversions to US Says Employers Group

As mediated talks continue between Canadian West Coast dockers and their industry employers, merely the potential of a strike at the ports of Vancouver, Deltaport, Frazierport and Prince Rupert is already beginning to impact import shipping volumes at the Canadian West Coast ports.

Greg Vurdela, spokesman for the BC Maritime Employers Association, which represents the dockworker employers, told The Province newspaper last week that a "significant percentage" of cargo is already being diverted to American West Coast ports.

"The heightened uncertainty in [Canada's] Asia-Pacific Gateway has left customers with no choice," Vurdela told the paper. "Unfortunately, cargo is now being off-loaded at US ports. The diversions started several weeks ago."

The contract between the BC Maritime Employers Association and two ILWU units representing about 4,800 Canadian dockers expired March 31, 2010. A 21-day cooling off period is scheduled to expire on Feb. 6 with new negotiations set to start on Feb. 7. The mediated talks are set to last until Feb. 12.

Shippers, however, have a long memory. It is hard to forget the more than a dozen labor-related disruption at the Port of Vancouver, BC, alone over the past 50 years, including strikes in 1995 and 1998, a lockout in 1999, and a truckers strike in 2005 that saw unionized truck drivers walk off the job for six weeks.

Vurdela said that cargo imports into Canadian West Coast ports is down 30 to 40 percent due to the industry's anxiety.

And this anxiety may be well placed. While the union has remained mum on the status of the contract talks, the BC Maritime Employers Association reports that the two sides are not close.

Dockers Honor Anti-Israel Picket at Oakland Port

Longshoremen at the Port of Oakland returned to work a Zim Lines containership Monday morning, a day after the dockers chose to honor a labor and community picket of the terminal. The picket, which was estimated by local law enforcement to comprise close to 500 people at one point Sunday, was called by organizers to protest last month's Israeli raid of a ship bringing supplies to Gaza that left nine pro-Palestinian activists dead.

The Mercury News reports several hundred people had gathered at the Oakland port about 5:30 a.m. at berths 57, 58 and 59, which is operated by SSA Terminals. An Israeli Zim Lines ship was expected to arrive in the morning, but didn’t, so the crowd stayed until the afternoon, preventing workers from unloading a ship from China, according to SSA officials.

Dockers showing up for the day shift on Sunday at the Oakland International Container Terminal refused to cross the picket line and the terminal did not order an evening shift.

Officials from the ANSWER Coalition, one of the groups that organized the protest, said that the goal of the protest was to prevent the unloading of the Zim vessel for 24 hours.

Protesters blocking the terminal entrance waved anti-Israeli signs as well as Palestinian and Turkish flags. The protest organizers also called for a boycott of Israeli goods and an end to American aid to Israel. No arrests were made, according to Oakland law enforcement officials.

On Monday morning, International Longshore and Warehouse Union officials confirmed that ordered day-shift dockers showed up to the terminal at 8 a.m. and began working the Zim vessel.