ILWU COAST COMMITTEE LETTER

TO THE MEMBERSHIP

Oct. 9, 2002

Last Saturday, October 5, after several days of intense work on a potential technology agreement with the Federal Mediators, negotiations broke down when the Employers, at the insistence of SSA, reneged on their agreement to guarantee rail and dock planning coastwise in return for the Union agreeing to drop our coastwise vessel planning demand.  This was the most recent example of the Employers’  "bait and switch" bad faith bargaining.  This time, however, they did it in front of the Federal Mediators.  Other examples include the Employers first stating that the Union would have all new jobs that were created by technology and later telling us there are no new jobs, and telling us they have no money, only later to tell us there’s plenty of money for technology.

Sunday, October 6, the Federal Mediators requested that the Union and the Employer agree to a 7‑day extension to give them time to try to work out an agreement.  The Union agreed.  The Employers refused and insisted on a 90‑day extension knowing that they had the Bush administration lined up to invoke Taft-Hartley.

Tuesday, October 8, starting at 10:30 a.m., the Union was contacted by, and had a series of telephone discussions with, Department of Labor Solicitor Eugene Scalia.  Speaking on behalf of the Bush administration, he proposed that the Union agree to a 30‑day extension of the old longshore contract and said that with this extension, the President would not move for a Taft‑Hartley injunction.  He indicated that President Bush was going to have a press conference at 1:00 p.m., they needed an answer by 12:00 p.m., and if the Union didn’t agree, we would be publicly criticized by the President.  The Union at first requested that the 30‑day extension be accompanied by an agreement to continue to use the existing Federal Mediators and that our government  provide Occupational Safety and Health Administration (OSHA) Inspectors to assure safety on the job and avoid safety related disputes between the Union and Employers.  Even though Solicitor Scalia would not agree to make either request part of the extension he was told that the ILWU Negotiating Committee voted to accept the Bush Administrations proposal for a 30‑day extension.  We would go back to work under the old contract and safety code.  The Union made it clear that it was the Employers who locked us out and we have always been willing to go to work, and that the Union stands ready to move the cargo in all West Coast ports.  After we informed Solicitor Scalia that the Union agreed to the Bush Administration’s 30‑day extension, we advised the press of the agreement.  We then received a final phone call from Solicitor Scalia telling us that the Employers had refused the proposal.  At 5:00 p.m. Federal District Judge Alsup found that the Employers’ lockout was affecting a substantial part of the maritime industry and, if allowed to continue, would imperil the national health and safety specifically charging PMA with threatening the economy and national welfare through its lockout.  He then issued a Taft-Hartley injunction ending the Employers’ lockout and returning us to work.

As we return to work, we will be faced with a tremendous backlog created by the Employers' lockout.  There will be a press to clear the backlog.  In order to deal with the congestion and overload, we must work efficiently and carefully to get the cargo moving and protect ourselves from injury and death.  As you know, in the face of the Employers' lockout, the Union took the initiative to arrange independently with the Cruise Lines to work passenger vessels, in some cases donating the wages to charity.  The Union also worked independently with TOTE in Tacoma to continue service to Alaska, after which PMA voted to allow its member CSX to end the Employers' lockout for service to Alaska.  The Union also urged PMA to end the lockout for service to Hawaii, which PMA did.  The Union also honored its longstanding commitment to work military cargo.  We met that commitment even without PMA's cooperation.  The Union also urged the Employers to end the lockout for purposes of working perishables.  The PMA did not agree.  Throughout these negotiations the Union has done the right thing.

We are proud of you and the discipline and Unionism you have shown in this crisis created by the Employers' lockout.  We are also proud of the skills you demonstrate every day and night in moving our Country's and the World's cargo through our ports.  You are the men and women who do it.  It is not PMA or anyone else.  Our Union, built by those who came before us, puts you in the position to do it.  Your Negotiating Committee will continue to work hard to get a contract that recognizes your value.  Be proud of who and what you are while we move forward to handle this crisis, secure our future and turn back this SSA‑led Employers' attempt to break our Union.  Remember, Taft-Hartley was used against us in 1971.  We survived that and came out stronger.  With the membership's same solidarity and determination we will equally prevail today and in the future.

Fraternally,

COAST LABOR RELATIONS COMMITTEE

/s/                                                                                        /s/

James Spinosa                                                                 Robert McEllrath

International President                                                      International Vice President

/s/                                                                                        /s/

Ray Ortiz, Jr.                                                                      Joseph Wenzl

Coast Committeeman                                                      Coast Committeeman

dc/O.P.E.I.U., LOCAL 29 - AFL-CIO