Port Employers Request NLRB Intervention in Longshore Union Dispute

Contract Negotiations Hit a Snag

Port employers from the East and Gulf Coast have escalated the stakes in ongoing contract negotiations with the International Longshoremen’s Association. They have approached the National Labor Relations Board (NLRB) to compel the union to return to the bargaining table. The United States Maritime Alliance (USMX) stated in a release, "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.”

Stalled Talks and a Looming Strike

Negotiations between the employers and the ILA for a new six-year master contract, which covers 25,000 union employees in container and ro-ro services at three dozen East and Gulf Coast ports, have been at a standstill since June. The deadlock is due to disputes over wages, benefits, and the introduction of technology that would automate some dockside services. The ILA has threatened a strike on both coasts when the current contract expires at midnight on Tuesday. The NLRB filing will not impact the strike deadline.

Uncertain Timeline and Possible Outcomes

The timeline established by the NLRB following the USMX filing remains uncertain. As per the board’s website, an initial investigation will determine whether a complaint should be issued against the ILA. If so, the union will have 10 days to respond at a formal hearing. Concurrently, the NLRB will decide whether to seek a district court injunction in the form of a temporary restraining order, which could potentially force the union back to negotiations. The NLRB might also choose not to issue a complaint, or the parties could reach a settlement. Eventually, the NLRB could dismiss the complaint, order the union back to negotiations, or request an administrative law judge to further review the case. Any decision can be reviewed by a federal court of appeals, and a decision there could be appealed to the Supreme Court. The consequences if the union defies an injunction are unclear, but fines are a likely outcome.

Union Response

In response to the filing, a union spokesperson labeled it a “publicity stunt” in an email to the media. The USMX countered by stating, “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.”

Bottom Line

The ongoing dispute between the port employers and the International Longshoremen’s Association underscores the complexities of labor negotiations. The potential strike could have significant implications for the ports and the broader economy. What are your thoughts on this issue? Feel free to share this article with friends and discuss. Don't forget to sign up for the Daily Briefing, which is available every day at 6pm.