Analysis of the Jobs, Wages and Revenues

Re: REQUEST FOR INVESTIGATION CONCERNING WEST COAST LONGSHORE CONTRACT NEGOTIATIONS;

I am writing to request that the Department of Justice conduct a full investigation into the apparent collusion between certain officials of the Federal government and officials of various shipping companies and associations, including but not limited to the Pacific Maritime Association (PMA) and the West Coast Waterfront Coalition (WCWC), and their respective member companies. Pursuant to the expedited processing provisions of the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a)(6)(E), the International Longshore and Warehouse Union (ILWU) hereby further requests the records identified below relating to the participation by officials of the Federal government in discussions and meetings related to the West Coast longshore contract negotiations.

As you may know, there is a considerable amount of evidence currently in the public record that indicates that government officials collaborated with certain business officials and groups to develop specific strategies and plans to weaken the bargaining power of the ILWU in collective bargaining with the PMA. An example of such existing evidence includes an e-mail dated June 6, 2002 from Robin Lanier, Executive Director of the WCWC, describing numerous meetings with government officials in which strategies were developed to influence the outcome of collective bargaining in the West Coast longshore industry, a copy of which e-mail is enclosed.

While we fully appreciate the legitimacy and right of every individual and group to lobby government officials, the evidence at hand suggests that in this particular situation discussions between government and business officials crossed the legal and ethical line from lobbying to actual joint planning and coordinated actions to affect the outcome of contract negotiations between the ILWU and the PMA on the West Coast. It is this legal and ethical concern that warrants a full and impartial investigation. In this regard, we urge that such investigation seek to uncover the following facts:

1. The identities of all government officials involved in discussions, meetings, planning and any related activities regarding the West Coast longshore contract negotiations;

2. The identity of all individuals representing any business or commercial entity, including but not limited to the PMA, the WCWC and their respective member companies involved in discussions, meetings, planning and any related activities regarding the West Coast longshore contract negotiations;

3. The dates of any such discussions, meetings or activities between any government official or any business or commercial representative regarding this matter;

4. The identity and disclosure of all documents reflecting any and all such discussions, meetings and activities;

5. Detailed descriptions, based on sworn testimonies, that reflect the nature and content of such meetings and activities.

The suggestion that government officials have colluded with business groups to weaken the bargaining power of a labor organization in private industry constitutes a serious threat to fundamental civil rights under the U.S. Constitution as well as Federal Labor law. It is, therefore, imperative that the requested investigation be conducted immediately and comprehensively.

1. Any and all correspondence among agency staff and other government officials or employees, and individuals representing any business or commercial entity, relating to discussions, meetings, planning and/or any related activities regarding the West Coast longshore contract negotiations;

2. Any and all correspondence between agency staff and other government officials or employees relating to the West Coast longshore contract negotiations;

3. Any and all minutes, notes or other records of meetings attended by agency staff and other government officials or employees relating to the West Coast longshore contract negotiations;

Pursuant to Section 552(a)(6)(E) of FOIA, we ask that expedited consideration be given to this request. Due to the Taft-Hartley injunction currently in effect at West Coast ports, public interest in the Administration’s policy on the West Coast longshore contract negotiations is widespread and intense. The public has the right to know who influenced the development of the policy in time to have meaningful input into its implementation.

Should you have any questions or seek any further information about this matter, please let us know.

[1] As used throughout this letter, the terms “record” and “records” shall mean all writings (handwritten, typed, electronic or otherwise produced, reproduced or stored) in the agency’s possession, including, but are not limited to, any correspondence, minutes of meetings, memoranda, notes, e-mails, calendar or daily entries, agendas, notices, and telefaxes. Regarding the relevant time period, the ILWU is requesting records created or relating to the period from July 1, 2001, through and including the present.

Via overnight Mail and Facsimile: (202) 514-4371