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Labor Law
Unfair Labor Practices
Work Assignments

International Longshore and Warehouse Union AFL-CIO and International Longshore and Warehouse Union Local 8 AFL-CIO and International Longshore and Warehouse Union Local 40 AFL-CIO and ICTSI Oregon Inc.

Published: Jun. 14, 2014 | Result Date: May 30, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 19-CC-100903 Bench Decision –  Cease and desist

Court

NLRB


Attorneys

Respondent

Robert Steven Remar

Emily Maglio


Facts

A complaint was filed against the International Longshore and Warehouse Union AFL-CIO, International Longshore and Warehouse Union Local 8 AFL-CIO and International Longshore and Warehouse Union Local 40 AFL-CIO in connection with dockside reefer work at ICTSI Oregon Inc.

Local 8 represented crane operators, truck drivers, gear lockermen, and various other Longshore workers. Local 40 represented marine clerks and vessel planners.

Contentions

COMPLAINANTS' CONTENTIONS:
The complaint alleged wrongful conduct by the Unions. The complaint alleged that the Unions unlawfully threatened to shut down ICTSI's terminal operations in May 2012, unless the Port complied with its demands regarding the reefer dispute. The complaint alleged that the Unions later carried it outs threats with intermittent slowdowns and work stoppages in early June 2012.

RESPONDENTS' CONTENTIONS:
ILWU and its Locals 8 and 40 contended that the plugging, unplugging, and monitoring of refrigerated containers after they are unloaded from vessels at Port terminal 6 should be assigned to the Local 8 longshoremen rather than electricians who were directly employed by the Port and represented by a different union.

Result

Administrative Law Judge Jeffrey D. Wedekind concluded that the Unions engaged in unfair labor practices in violation of the National Labor Relations Act by inducing and encouraging workers unnecessarily operate cranes in order to force or require ICTSI and carriers to cease doing business with the Port. The judge ordered the Unions to cease and desist from further violations of the Act, and to take affirmative action necessary to effectuate the Act's policies.


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