Analysis of the Jobs, Wages and Revenues

PMA, ILWU appear covered in their new memorandum of understanding
Jan. 28, 2003
Howard Dicus Pacific Business News

       The West Coast dockworker union says it expects management to try to weasel out of a contract provision that gives it jurisdiction over jobs employing technologies, but a memorandum of understanding between labor and management appears to nail that issue as plainly as it does the issue of management's right to introduce the new technologies in the first place.

       From the standpoint of the Pacific Maritime Association the critical sentence in the memorandum of understanding, which both sides have now posted on their Web sites, is this: "Work assignments may be discontinued to the extent they become unnecessary as a result of technology." It means PMA members can introduce handheld computers to replace clipboards and install GPS monitoring, smart card readers and other tracking technologies already in use in other ports.

       "A modern waterfront will create new jobs, strengthen our economy, and enable us to better maintain port security," PMA head Joe Miniace said. "It is time to roll up our sleeves and make this new contract document a reality."

       From the standpoint of the International Longshore & Warehouse Union the criticial sentence is this: "Technologies shall not be used to shift traditional union jurisdiction to non-bargaining unit employees or facilities." The memo repeatedly states that when work transfers to new technologies the marine clerks can transfer with them.

       Last week, when ILWU members ratified their contract by an almost 90 percent that was the largest in the union's history, its new release on the outcome of the vote actually said that trouble was anticipated.

       "The union expects Pacific Maritime Association member companies to challenge that and to seek regular arbitrations to minimize clerk work as much as possible," the ILWU said. "PMA has been forcing clerk jurisdiction issues to arbitration ever since computers were first introduced to the docks more than 20 years ago and a number of PMA companies opposed the current jurisdiction deal. The new arbitration process on technology will likely be tested early and often."

       Seattle-based Stevedoring Services of America, the largest U.S. stevedoring company, opposed the technologies agreement. SSA, which does loading and unloading up and down the West Coast including significant work for Hawaii's Matson Navigation Co., moved a computer center from the Los Angeles area to Utah, a right-to-work state, several years ago when the ILWU was on the verge of unionizing the operation. The union repeatedly accused SSA of trying to sabotage the contract talks.

       Peter Hurtgen, head of the Federal Mediation & Conciliation Service, who personally stepped in to mediate this affair, said when the contract was reached late last year, "The contract says that the new work operating the new technology will not be outsourced to non-union workers. That work will be done by ILWU marine clerks." He described the technology provision as "a very difficult but important piece that took a long time to negotiate."