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Tentative Agreement Reached To End Port-Impacting Strike


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(Dec. 5, 2012) -- The ILWU-rep'd clerical workers union and the Harbor Employers Ass'n have reached a tentative agreement (subject to rank and file union agreement), ending a strike that had halted operations at 10 of 14 terminals at the Ports of Long Beach and Los Angeles (when ILWU-rep'd dockworkers honored the clerical workers' picket line).

An announcement (see banner on screen save from ILWU Local 63 website) says the agreement was announced at about 10:30 p.m. Dec. 4.


The impasse was broken after L.A. Mayor Antonio Villaraigosa extracted an agreement from ILWU yesterday morning (Dec. 4) to federal mediation which the employers had been seeking for several days).

As previously reported by LBREPORT.com (below), Long Beach Mayor Bob Foster told KNX/1070 Newsradio at midafternoon Tuesday (Dec. 4) that he had received word that the two sides might try to hammer out an agreement before the federal mediator(s) arrived...which was apparently accurate. LATimes.com reports that union negotiators were voting behind closed doors when federal mediators arrived to join Mayor Villaraigosa at about 8:30 p.m. Tuesday night.

The two Ports themselves, while impacted, weren't parties to the labor action which involved ILWU Local 63 Clerical Workers Unit and Harbor Employers Ass'n.


(Dec. 4, 2012, 1:55 p.m.) -- Long Beach Mayor Foster said at early afternoon today (Dec. 4) that he's heard that the two sides in the ongoing Port labor dispute (between ILWU clerical workers and the Harbor Employers Ass'n.) may try to hammer out an agreement before the arrival of a federal mediator.

Mayor Foster noted that a federal mediator will have to come from Washington, D.C...and while noting that the current situation is unclear, he indicated that the two sides may try to reach an agreement on their own.

The news comes after L.A. Mayor Antonio Villaraigosa met overnight with both sides and emerged this morning without a resolution...but with an announcement that two sides had agreed to federal mediation. The mediation comes without an agreement by ILWU to halt the labor action in which ILWU dockworkers are honoring the picket link by ILWU clerical workers, effectively halting operations at 10 of 14 terminals at the LA/Long Beach ports.

Mayor Foster told KNX/1070 Newsradio's Business Hour that he hopes both sides will be able to reach an agreement without delay because the situation grows worse with time...with economic effects that will be felt not just locally but nationally.

Mayor Foster said that from his City Hall office he can see the container ships stopped outside the Port...and as time goes on, deliveries of various consumer goods will be delayed. He added that he hopes discretionary cargo won't be diverted elsewhere, particularly in view of efforts by both Ports to ensure it remains here.

Asked if he believes the White House should become involved, Mayor Foster said he hopes the two sides can reach an agreement on their own, but if the situation persists he believes the White House would have to get involved.

As reported by LBREPORT.com earlier today (details below), a lengthy list of manufacturers, farmers, wholesalers, retailers, transportation and logistics intersests urged President Barack Obama "to quickly engage in the dispute" and urged use of "whatever means necessary, including Taft-Hartley, to get labor back to work in the nation’s largest ports."


(UPDATE: Dec. 4, 11:03 a.m.) -- LATimes.com: L.A. Mayor Villaraigosa says both sides in the strike at the Ports of LA/LB have agreed to federal mediation. click here
UPDATE: Dec. 4, 10:53 a.m.: LAObserved.com's Mark Lacter cites KNX radio: Break in Port Talks?
(Dec. 4, 9:55 a.m.) -- A lengthy list of manufacturers, farmers, wholesalers, retailers, transportation and logistics intersests have signed a letter to President Barack Obama urging him "to quickly engage in the dispute to end the work stoppage at the port [of Los Angeles/Long Beach] and help the parties in their negotiations" AND urged use of "whatever means necessary, including Taft-Hartley, to get labor back to work in the nation’s largest ports."

The latter statement calls on the President to invoke a 1947 federal law [detested by unions] that authorizes the President to intervene in strikes that create a national emergency. President George W. Bush invoked the law in connection with the employer lockout of the International Longshore and Warehouse Union during negotiations with West Coast shipping and stevedoring companies in 2001.

There's no immediate reaction from ILWU Local 63, whose clerical workers went out on strike, and ILWU dock workers have honored their picket lines, stopping operations at 10 of 14 terminals at the Ports of L.A. and LB. [The Ports themselves aren't parties to the dispute; the Harbor Employers Association is.]

Asked about the situation yesterday (Dec 3) [after the National Retail Federation asked on Nov. 29 for President Obama to "engage" in the labor dispute] White House spokesman Jay Carney said the administration and the President are continuing to "monitor" the situation and "urge the parties to continue their work at the negotiating table to get a deal done as quickly as possible."

The Dec. 4 letter to the President recites "dire consequences" it says will result if the situation "isn't quickly remedied" including [letter text]

  • Manufacturers requiring parts for their production lines may have to suspend operations;
  • Exporters will fail to meet delivery times for their customers in the Far East;
  • Exporters of perishable cargos have already been affected;
  • Agricultural interests will have to divert production to domestic use, or freeze produce instead of shipping it fresh, thereby losing significant economic value;
  • Retailers will be unable to get goods to their store shelves in a timely fashion; and,
  • Importers, wholesalers, and U.S. consumer brands will face order cancellations if they cannot meet delivery dates.

Below is the letter text and signatories to President Obama today.


December 4, 2012

The President
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Dear Mr. President:

The undersigned associations representing United States manufacturers, farmers, wholesalers,
retailers, and transportation and logistics providers are writing to express our deep concern about
the labor situation in the ports of Los Angeles and Long Beach, California. We urge the
Administration to quickly engage in the dispute to end the work stoppage at the ports and help
the parties in their negotiations.

On November 27, 2012, the Marine Clerk Office Clerical Unit Local 63 (OCU), a unit of the
International Longshore and Warehouse Union (ILWU) representing approximately 600
workers, broke off contract negotiations with fourteen marine terminal employers in Los Angeles
and Long Beach, California. The OCU set up picket lines at 10 of the 14 terminals operating at
the two ports. Other ILWU units not party to the negotiations have refused to cross these
pickets, effectively shutting down the nation’s largest port complex.

In the past six days, ocean carriers have begun to divert cargo to Mexico and Canada because
there is great concern that diverting cargo to other U.S. ports would only widen the labor actions.
Meanwhile, ships are beginning to back up in the harbor and port terminal operators are running
out of room to store empty containers and other intermodal equipment. Even if labor returned to
work today, it would take several weeks to undo the gridlock this disruption has already set in
motion.

If this situation is not quickly remedied, far more dire consequences will result, including:

• Manufacturers requiring parts for their production lines may have to suspend operations;

• Exporters will fail to meet delivery times for their customers in the Far East;

• Exporters of perishable cargos have already been affected;

• Agricultural interests will have to divert production to domestic use, or freeze produce
instead of shipping it fresh, thereby losing significant economic value;

• Retailers will be unable to get goods to their store shelves in a timely fashion; and,

• Importers, wholesalers, and U.S. consumer brands will face order cancellations if they
cannot meet delivery dates.

While this labor dispute has affected fewer ports than the coast-wide lockout of 2002, the Los
Angeles and Long Beach port facilities are the nation’s busiest and critical for many exporters
and importers doing business in the Pacific Rim. The 2002 labor dispute, which lasted for 10
days, cost the US economy $1 billion a day.

We recognize the difficulties of government intervention in labor disputes. However, this dispute
has already harmed many economic interests across the country, as evidenced by the
organizations listed below. We urge you to take immediate action and use whatever means
necessary, including Taft-Hartley, to get labor back to work in the nation’s largest ports.

Sincerely,

Agriculture Transportation Coalition -
AgTC
Airforwarders Association
Alliance of Automobile Manufacturers
Amcot
American Apparel & Footwear Association
American Association of Railroads
American Automotive Policy Council
American Bakers Association
American Chemistry Council
American Cotton Shippers Association
American Farm Bureau Federation
American Home Furnishings Alliance
American Import Shippers Association, Inc.
American Meat Institute
American Trucking Associations
Arizona Retailers Association
Association of Food Industries
Association of Global Automakers
BizFed, Los Angeles County Business
Federation
California Business Properties Association
California Retailers Association
California Trucking Association
Cheese Importers Association of America
Coalition of New England Companies for
Trade - CONECT
Columbia River Customs Brokers and
Forwarders Assn.
Connecticut Retail Merchants Association
Custom Brokers & Forwarders Assn. of
Northern California
Custom Brokers & International Freight
Forwarders Assn. of Washington State
Express Association of America (EAA)
Fashion Accessories Shippers Association
(FASA)
Food Marketing Institute
Harbor Association of Industry &
Commerce
Harbor Truckers Association
High Point Market Authority
Indiana Retail Council
Inland Action
Intermodal Association of North America
Intermodal Motor Carriers Conference
International Franchise Association
International Wood Products Association
Louisiana Retailers Association
Los Angeles Area Chamber of Commerce
Los Angeles Customs Brokers & Freight
Forwarders Association
Michigan Retailers Association
Midwest Shippers Association
Missouri Retailers Association
Montana Retail Association
Motor & Equipment Manufacturers
Association
NAIOP Inland Empire
NAIOP SoCal
NAIOP Southern Nevada
NASSTRAC, Inc.
National Association of Manufacturers
National Cattlemen’s Beef Association
National Cotton Council
National Council of Farmer Cooperatives
National Customs Brokers and Forwarders
Association of America
National Grain and Feed Association
National Oilseed Processors Association
National Potato Council
National Retail Federation
National Turkey Federation
New Jersey Retail Merchants Association
North American Export Grain Association
North Carolina Retail Merchants Association
Orange County Business Council
Oregon Seed Association
Pacific Coast Council of Customs Brokers
and Freight Forwarders
Pacific Northwest Asia Shippers Association
Pennsylvania Retailers' Association
Propeller Club of Los Angeles-Long Beach
Retail Association of Maine
Retail Association of Nevada
Retail Industry Leaders Association
Retail Merchants of Hawaii
Retailers Association of Massachusetts
San Diego District Customs Brokers Assn.
San Gabriel Valley Economic Partnership
South Carolina Retail Association
Southern California Shipper's Association
Sports & Fitness Industry Association (SFIA)
State Chamber of Oklahoma
Texas Retailers Association
The Fertilizer Institute
The National Industrial Transportation
League
The Health & Personal Care Logistics
Conference, Inc.
The Waterfront Coalition
Toy Industry Association
Transportation Intermediaries Association
Travel Goods Association (TGA)
USA Poultry and Egg Export Council
U S Association of Importers of Textiles and
Apparel
U.S. Chamber of Commerce
U.S. Hide, Skin and Leather Association
U.S. Shippers Association
Utah Retail Merchants Association
West Virginia Retailers Association
Wine and Spirits Shippers Association

CC: Members of Congress
Department of Transportation Secretary Ray LaHood
Department of Commerce Acting Secretary Rebecca Blank
California Governor Jerry Brown
Los Angeles Mayor Antonio Villaraigosa
Long Beach Mayor Robert "Bob" Foster


(Dec. 3, 5:55 a.m.) -- On Sunday night (Dec. 2), L.A. Mayor Antonio Villaraigosa called for round-the-clock bargaining with a mediator to end the strike by ILWU represented office workers, whose picket line is being honored by ILWU dockworkers and halted operations at 10 of 14 terminals at the Ports of Los Angeles and Long Beach. The employers have previously urged that a mediator be brought in. (Further via LATimes.com, here).

  • On Sunday night, the Harbor Employers Ass'n put a statement on its website stating that on the evening of Dec. 1, it offered concessions on new hires that the union rejected (salient text below).

    [Harbor Employers' Ass'n website text]

    ...Last night [Dec. 1], in their latest bid to get the ports working again, the harbor employers offered the OCU new proposals containing further concessions in connection with the OCU's "featherbedding" demands -- the requirements that employers call in temporary workers and hire new employees even if there is no work for those individuals to perform. The OCU immediately rejected the proposals.

    In addition to their latest concessions on staffing, the employers continue to offer wage and pension increases, an absolute job guarantee against layoffs, and a promise to maintain all other OCU benefits that the employers have previously offered -- all of which would bring the average annual OCU wage-and-benefits package to more than $190,000 over the next three and one-half years.

    The weeklong strike by the clerks is now expected to extend into a second week, leaving hundreds of thousands of people who support port operations without work and severely impacting the local and national economies. The strike's impact is widening and is already costing the national economy billions of dollars by many estimates. Sadly, the OCU continues to put the self-interests of 600 members ahead of the local community, the ports' future viability, and the economic welfare of an entire country.

    As of dawn Monday (Dec. 3), the union has no update (since Dec. 1) on its website.

    Further as it develops on LBREPORT.com


    (Nov. 29, 2012) -- Negotiations have resumed between representatives of the ILWU clerical workers union and the Harbor Employers Ass'n.
    (Nov. 29, 2012) -- On the next to his last day as a state Senator, now-Congressman-elect Alan Lowenthal has issued a statement supporting the "ongoing efforts [of ILWU office clerical workers] to protect American jobs [which] stands as a strong example for all American workers struggling against the threat of outsourcing" and urging a swift return to negotiating table.

    Below is staet Senator Lowenthal's statement in full regarding the labor action by the Int'l Longshore and Warehouse Union Local 63 Office Clerical Unit (OCU):

    I have worked closely with both the ILWU and the port-industry employers over the past 20 years, and I am proud to stand in complete solidarity with the ILWU clerical workers and their supporters in their attempts to prevent good American jobs from being sent overseas.

    The hard-working members of the OCU have repeatedly sat down over the past two years to bargain in good faith and reach a fair and equitable contract, and I believe their ongoing efforts to protect American jobs stands as a strong example for all American workers struggling against the threat of outsourcing.

    I urge a swift return to the negotiating table and an equally swift and fair resolution that will maintain these jobs in America--for American workers--while still allowing the ports to continue as one of the nation's critical economic engines.


    (Nov. 29, noon):

    • A release this morning (Nov. 29) by the ILWU Coast Longshore Division says the ILWU-PMA [Pacific Merchant Ass'n] Coast Labor Relations Committee "that establishes policy and administers the contract between the employer and union on the West Coast waterfront on Wednesday [Nov. 28] agreed that ILWU Local 63 Office Clerical Unit (OCU) picket lines at the Ports of Los Angeles and Long Beach were bona fide. The agreement confirms that longshoremen in ILWU Locals 13, 63 and 94 have the right to refuse to cross OCU pickets under the collective bargaining agreement between the International Longshore and Warehouse Union and the Pacific Maritime Association."

      [ILWU release text] Ray Familathe, the ILWU’s International Vice President for the Mainland, said, "I’m proud of the sacrifice that is being made by the men and women of Locals 13, 63 and 94 as they stand in solidarity with OCU and against the outsourcing of the good jobs that this community needs. And, despite the employer propaganda to the contrary, the ports are still moving cargo."

      Joe Cortez, President of ILWU Local 13, said, "We support our sister local as its members work to reach a good contract that maintains local jobs with good working conditions, and family wages and benefits. We urge the employers to get back to the negotiating table and reach a good contract with the OCU."

      Ray Ortiz, Jr., an ILWU Coast Committeeman who represents all 30 longshore local unions on the West Coast, said, "Longshoremen stand up when other workers need our help. Sure, it's a sacrifice to give up a paycheck when you refuse to cross the picket, but we believe it’s in the long-term interest of the Los Angeles-Long Beach Harbor area to retain these good local jobs. By standing with OCU, we stand with the community."

    • The National Retail Federation today (Nov. 29) urged President Obama to immediately engage in the stalled contract negotiations between management and striking union workers at the nation's largest ports.

      "A prolonged strike at the nation’s largest ports would have a devastating impact on the U.S. economy," read a letter from NRF President and CEO Matthew Shay to Obama. "We call upon you to use all means necessary to get the two sides back to the negotiating table."

      [NRF release text] In its appeal to the president that the Administration directly engage in the ongoing labor dispute, NRF noted the outcome of the 2002 West Coast ports lockout. The 10-day lockout led to significant supply chain disruptions, which took six months to remedy, and cost the economy an estimated $1 billion a day.

      "An extended strike [in Los Angeles and Long Beach] this time could have a greater impact considering the fragile state of the U.S. economy," the letter stated. "The two sides must remain at the negotiating table until a deal is reached."

    • At the Port of Long Beach, three of six container terminals remain shut down.

    • At the Port of Los Angeles, seven of eight container terminals remain shut down.

    • At least six container ships are anchored in the Port area but are reportedly unable to dock due to the ongoing strike.

    Important context: The Ports themselves aren't parties to the labor action; the terminal operators are.

    Further as it develops on LBREPORT.com.


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