Appeals court rules against Evergreen on port captain dispute
The U.S. Court of Appeals for the District of Columbia circuit ruled April 2 that port captains for ocean carrier Evergreen America Corp. are not managers and are entitled to be represented by organized labor.
The appellate panel declined to overturn a decision by the National Labor Relations Board that Evergreen’s port captains can be represented by the International Longshoremen’s Association. The panel ruled that port captains and port engineers are not managerial employees for purposes of the National Labor Relations Act.
“Although Evergreen America Corp. is disappointed in the court’s decision, and continues to believe that both the court and the NLRB do not fully comprehend the role of the port captain, it will abide by the decision and continue to recognize the ILA as the port captains’ representative,” said Barbara Yeninas, an Evergreen spokesperson.