The new legislation is supported by Port of Portland, Oregon container terminal operator International Container Terminal Services Inc.
A second piece of legislation aimed at preventing unions from using slowdowns as a tactic during labor negotiations has been introduced in the United States Senate.
Sen. James E. Risch, R-Idaho, on June 18 introduced the “Preventing Labor Union Slowdowns Act of 2015 (PLUS Act),” S. 1630. The bill would “amend the National Labor Relations Act and the Labor Management Relations Act, 1947 to deter labor slowdowns at ports of the United States, and for other purposes,” according to a legislative summary.
The Port of Lewiston, Idaho, at the confluence of the Snake and Clearwater Rivers, is used by shippers, particularly agriculture exporters, to move both bulk grain and containerized cargo 465 miles downriver via the Snake and Columbia River to the Port of Portland, Oregon. But the Port of Lewiston notes on its website, “On April 8, 2015, container on barge service was suspended until further notice due to steamship lines omitting the Port of Portland from their rotations.” Ocean carriers Hanjin Shipping and Hapag-Lloyd both discontinued calls to Portland this past spring.
Risch’s bill follows one introduced by Sen. Cory Gardner, R-Colo., June 4., the “Protecting Orderly and Responsible Transit of Shipments (PORTS) Act,” S. 1519. That bill would allow governors, as well as the president to “convene a board of inquiry and start the Taft Hartley process whenever a port labor dispute is causing economic harm. Once that board reports, governors could petition federal courts to enjoin slowdowns, strikes, or lockouts at ports in their states. The PORTS Act would explicitly include slowdowns as a trigger for Taft Hartley powers.”
Gardner’s bill was attacked by the International Longshore and Warehouse Union, which represents dockworkers at West Coast U.S. ports, as “outrageous, extremist, anti-worker.”
Risch’s bill was applauded by International Container Terminal Services Inc. (ICTSI) Oregon, the terminal operating company for the Port of Portland’s Terminal 6, and a subsidiary of International Container Terminal Services, Inc., based in Manila, Philippines.
ICTSI said Risch’s legislation “was the result of efforts by ICTSI Oregon, Inc.,…to focus congressional attention on the ongoing problem of maritime labor slowdowns,” adding that “ICTSI Oregon has worked closely with Senator Risch and his staff to finalize the PLUS Act for Senate consideration.”
“This legislation represents an important change to maritime labor law that will go a long way toward ensuring a more stable work environment at West Coast ports, one in which innocent parties are not subjected to severe economic damage by unfair union slowdown tactics,” the terminal operator said.
According to ICTSI, “The measure would amend the National Labor Relations Act (NLRA) to make intentional slowdowns by maritime unions an unfair labor practice. Offending labor organizations would be subjected to federal court injunctions against slowdowns as well as damage claims to injured parties.
“Intentional slowdowns are orchestrated campaigns by labor unions such as the International Warehouse and Longshore Union (ILWU) to essentially engage in a strike with little or no cost to their members. In contrast to a formal strike, however, union workers continue receiving full pay and benefits, even as they inflict significant damage on the local, regional and national economies.”
“As a port operator, ICTSI Oregon has deep relationships with local small businesses, farmers, and the import and export community throughout the Columbia River region and Western states. We identify with the significant pain they continue to experience as a result of the ILWU’s actions during the most recent contract negotiations,” added ICTSI Oregon CEO Elvis Ganda. “If enacted, the PLUS Act will help ensure that a small number of workers cannot engage in unfair labor practices that threaten our nation’s economic prosperity and hold our economy hostage.”
ICTSI said the ILWU’s past labor slowdowns were, in part, the result of a “loophole” in the current National Labor Relations Act.
“While intentional slowdowns are not a significant problem in most segments of the U.S. economy, they are a major and growing problem in the maritime industry, particularly the West Coast,” said ICSTI. “Currently, a loophole in the NLRA has allowed the ILWU to use slowdowns as leverage against ports and port operators — particularly during contract negotiations. As a result, the last three contract negotiation years have seen major disruption to the West Coast and U.S. economy. In 2002, a 10-day shutdown as a result of labor slowdowns cost the U.S. economy an estimated $15.6 billion. This past year, economists report that slowdowns subtracted a full percentage point off the entire U.S. GDP during Q4 2014.”
ICTSI Oregon said its representatives “recently made trips to Washington, D.C. to propose and build support among congressional lawmakers and trade associations for reasonable maritime labor law reform.”
According to Ganda, there is growing support among a diverse range of stakeholders to find a solution to West Coast labor issues and significant interest in the proposed legislation.
“We applaud Senator Risch’s leadership in proposing the PLUS Act and are hopeful that other West Coast representatives and senators will champion the measure,” said Ganda. “This legislation represents an important change to maritime labor law that will go a long way toward ensuring a more stable work environment at West Coast ports, one in which innocent parties are not subjected to severe economic damage by unfair union slowdown tactics.”
The PLUS Act has been referred to the Senate Committee on Health, Education, Labor, and Pensions.
Second Senate bill aims to prevent port worker slowdowns
