Port Employers Seek NLRB Injunction Against Longshore Union

By Stuart Chirls of FreightWaves,

East and Gulf Coast port employers on Thursday raised the stakes in contract negotiations with the International Longshoremen’s Association, asking the National Labor Relations Board to order the union back to bargaining.

“Due to the ILA’s repeated refusal to come to the table and bargain on a new Master Contract, USMX filed an Unfair Labor Practice (ULP) with the National Labor Relations Board and requested immediate injunctive relief — requiring the union to resume bargaining — so that we can negotiate a deal,” USMX said in a release.

Talks between employers and the ILA on a new six-year master contract covering 25,000 union employees in container and ro-ro services at three dozen East and Gulf Coast ports broke off in June over wages, benefits and the introduction of technology that would automate some dockside services.

The ILA has called for a strike on both coasts when the current contract expires at midnight on Tuesday.

The NLRB filing would not affect the strike deadline.

“USMX has been clear that we value the work of the ILA and have great respect for its members. We have a shared history of working together and are committed to bargaining.”

In an email to media a union spokesman called the filing a “publicity stunt”.

While the USMX was completing its filing early Thursday, it’s unclear what kind of timeline would be established by the NLRB. According to the board’s website, an initial investigation would determine whether a complaint should be issued against the ILA, which would then have 10 days to respond at a formal hearing. At the same time, the NLRB would have to decide whether to seek an injunction from a district court in the form of a temporary restraining order, which would theoretically send the union back to negotiations. 

The NLRB may also decide not to issue a complaint, or the sides could come to a settlement.

Eventually, the NLRB could dismiss the complaint, order the union back to negotiations or ask an administrative law judge to further review the case. Any decision can be reviewed by a federal court of appeals; a decision there could be appealed to the Supreme Court.

It is also unclear what would happen if the union defies an injunction, though fines would likely be issued.