International Longshore and Warehouse Union, AFL-CIO and ICTSI Inc. and Port of Portland
Published: Sep. 14, 2013 | Result Date: Aug. 28, 2013 | Filing Date: Jan. 1, 1900 |Case number: 19-CC-082533;19-CD-082461;19-CC-087504;19-CD-087505 Bench Decision – Cease and desist
Facts
The ICTSI Inc. filed a complaint against the International Brotherhood of Electrical Workers, AFL-CIO Local 48 alleging unfair labor practice in violation of the National Labor Relations Act (NLRA). This case also concerned the legality of the International Longshore and Warehouse Union, AFL-CIO and its Locals 8 and 40 undertaking of work historically performed by Local 48 workers under Section 8(b)(4)(i) and (ii)(B) and (D). The work in dispute concerned dockside reefer work at Terminal 6 (T6), a marine terminal owned by the Port of Portland in Oregon. Threats to shut down the operations were made by certain union locals unless workers represented by the particular union performed the dockside reefer work in dispute, which eventually resulted in slowdowns and work stoppages.
Contentions
LOCAL 48'S CONTENTIONS:
Local 48 contended that the workers it represents have performed
the disputed work at T6 for nearly four decades before the dispute arose. It also contended that when the Port leased T6 to ICTSI, it reserved the right to perform certain work in accord with the work historically performed under the collective-bargaining agreement between the Port and Local 48.
ICTSI'S CONTENTIONS:
ICTSI contended that the Unions threatened its officials if they did not agree to assign the dockside reefer work to Local 8 workers, which adversely affected its operations.
Result
Administrative Law Judge William L. Schmidt concluded that the Unions lacked a valid work preservation defense. Judge Schmidt also found that the Union's conduct violated Section 8(b)(4)(i) and (ii), and ordered the Unions to cease and desist from inducing and encouraging ICTSI to, among others, interfere with the lawful and proper work assignments. The Unions were also ordered to cease and desist from threatening a shut down or otherwise disrupt ICTSI's operations.
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