Multiple labor groups are awaiting determinations from the National Labor Relations Board and an arbitrator on contract claims regarding a new APL service between Japan and Guam, according to Don Marcus, president of the Masters, Mates & Pilots union.
Don Marcus, the president of the Masters, Mates & Pilots union, said his union and others are awaiting determinations from the NLRB on an unfair labor practice and an arbitrator on contract claims having to do with the crewing of a ship in a new service APL is operating between Japan and Guam.
“APL is attempting to manipulate the Maritime Security Program in an effort to avoid their collective bargaining obligations with the unions that have been employed by APL since the start of the MSP program in 1997,” claimed Marcus.
“Without notice to the unions currently employed aboard their MSP vessels, and during amicable collective bargaining, APL secretly sought and received MARAD approval to transfer MSP agreement MA/MSP-54 from the 5,400-TEU container vessel M/V APL Cyprine to the 1,100-TEU container vessel APL Guam using another APL operator (and different labor unions),” he said. “This can only be explained as an effort to seek lower cost labor absent good faith bargaining.”
APL did not respond to a request for a comment.
The APL Cyprine had operated with a crew made up of members of the MM&P, Marine Engineers Beneficial Association, Sailors Union of the Pacific and Pacific Coast Marine Firemen, Oilers, Watertenders and Wipers Association (MFOW), while the new Guam ship is operating with a crew made up of workers from American Maritime Officers and Seafarers International Union.
Anthony Poplawski, president of Marine Firemen, wrote in the most recent issue of his union’s newspaper that “on Oct. 30 and 31, 2015, the union received reports from the fleet that the MV APL Cyprine would be reflagged to a Singapore flag on Dec. 3, 2015.”
“On Nov. 2, these reports were confirmed via telephone by APL Maritime, Ltd. Director of Labor Relations John Dragone,” said Poplawski. “Dragone also stated that the APL Cyprine Maritime Security Program (MSP) operating agreement would be transferred to the MV APL Guam, which would be operated by APL Maritime Ltd. and crewed by Osprey Ship Management” with the AMO and SIU U.S.-flag workforce.
“On Nov. 3, APL Maritime Ltd. President & CEO Eric Mensing circulated an email notice to the MFOW, SUP, MEBA and MM&P affirming the planned reflagging and removal of the APL Cyprine from MSP and transfer of the MSP chit to the APL Guam,” he added. “APL determined that it no longer had enough U.S. preference cargo to make continued operation of the APL Cyprine in the U.S.-flag Asia Subcontinent 1 (AS1) service commercially viable. The APL Guam is scheduled to be placed on the Guam-Saipan Express (GSX) service between Yokohama, Guam and Saipan.”
Poplawski wrote, “If APL is successful in operating one MSP-enrolled ship crewed by an alternate workforce, this could set the plate for additional ship reflags and layoffs of Pacific District crews and perhaps the eventual end of shipboard employment for MFOW members aboard APL vessels.”
Marcus noted that MM&P has been a longtime supporter of the MSP program, and getting the MSP “slots” and operating agreements transferred when APL was acquired by NOL in 1997.
Unions file protests over crewing of APL ship
