FOR IMMEDIATE RELEASE Contact: Steve Stallone
Friday, October 25, 2002 415-775-0533
ILWU TO JUSTICE DEPARTMENT:
PMA MISMANAGEMENT IS CONTRIBUTING TO BACKLOG,
EMPLOYERS ARE VIOLATING THE INJUNCTION
The International Longshore and Warehouse Union (ILWU) today released its response to a Justice Department request for information about work slowdowns at West Coast ports alleged by the Pacific Maritime Association (PMA), stating that PMA mismanagement is causing the backlog.
“The PMA once again has put more priority on publicity stunts than on resolving the backlog in our ports,” said ILWU President James Spinosa. “The fact is our workers are ready, willing and able to work. PMA simply cannot manage the backlog it created and has decided to instead engage in political games which will do nothing to get goods to consumers and reinvigorate our economy. ”
In the letter to the Dept. of Justice the ILWU categorically denies any concerted effort by the union to slow production on the docks. Instead the ILWU noted that the PMA violated the court’s order by not moving cargo efficiently.
“Thus far, PMA has proven itself either unwilling or unable to address the tremendous logistical problems that it faces as a result of its decision to impose the lockout. Having failed to do so, it is PMA’s own actions or omissions since October 8, 2002, not the ILWU’s, that are ‘interfering with’ and ‘affecting the orderly continuance of work in the maritime industry…’” the union’s response reads in part. The ILWU cites such issues as severe congestion in the terminal facilities and equipment shortages as problems that PMA has refused to deal with to help eliminate the backlog.
ILWU also told the Justice Department that PMA did not forward a copy of its October 18th letter or respond to both written and verbal requests for information and documentation relating to any alleged slowdowns. Curiously enough, 20 minutes after ILWU sent its response to the Justice Deparment, PMA suddenly forwarded the October 18th letter via fax yesterday afternoon to the union’s attorneys. PMA’s document essentially restates the claims it made in its October 23rd press release without providing supporting evidence.
Spinosa noted that the proof required in a contempt of court charge is a high level—it must be “clear and convincing.” PMA has provided no such evidence. On the contrary, the union has instructed all members to abide by the injunction.
The union also charges the employers have further violated the injunction by taking this issue to the Dept. of Justice rather than use the grievance machinery mandated in the contract as instructed by the court. At the hearing implementing the Taft-Hartley injunction, Judge Alsup specifically ruled—with PMA’s explicit consent—that the arbitration system in the contract be in force along with the rest of the contract provisions. That system requires PMA to exhaust the grievance process before taking disputes to court. PMA has failed to do so.
The ILWU also released a letter from ILWU President James Spinosa to PMA President and CEO Joe Miniace calling on him to show leadership by resolving this situation through the mutually agreed upon collective bargaining agreement and within the parameters of the Taft-Hartley injunction. The ILWU has also asked the PMA to disclose all information and documentation related to claims of slowdowns and provide the union with an opportunity to respond appropriately under the contractual procedures.
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ILWU Letter to Department of Justice (pdf)