Judge Dismisses Suit Against Longshore Workers Union

In another legal setback for the West Coast’s largest shipping association, a federal judge on Monday dismissed a lawsuit that accused the powerful longshore workers union of conducting scores of illegal work stoppages that have idled cargo and cost shippers tens of millions of dollars.

The case, brought by the Pacific Maritime Assn., which represents shippers, terminal operators, and stevedore companies, had sought a court order barring future work stoppages by the International Longshore and Warehouse Union because, the shippers contend, they violate the no-strike clause of its labor contract.

Association officials also asked the court to replace the current arbitration system set up by the union contract with a court-appointed official, who could hear disputes related to work stoppages and slowdowns.

The lawsuit, filed in September, contained strong language that accused dock workers of “lawlessness” and “quasi-criminal activities” by conducting almost 150 temporary slowdowns and stoppages at West Coast ports since 1996, many of them in Los Angeles and Long Beach.

But U.S. District Judge Christina A. Snyder decided in favor of the longshore union, saying that under federal law injunctions cannot be granted for the type of work stoppages and slowdowns in question.

Snyder, who sits in Los Angeles, said the remedies sought in the lawsuit are specifically prohibited by the Norris-LaGuardia Act, a decades-old law that restricts the power of courts to intervene in labor disputes except in narrowly defined circumstances.

Pacific Maritime wants a “prophylactic injunction” that will allow it to circumvent the arbitration procedure it negotiated in the collective bargaining agreement for any work stoppage, the judge said. “This is clearly barred by the Norris-LaGuardia Act.”

Named as defendants in the case were the San Francisco-based union, as well as two of its locals, 13 and 63, which represent longshore workers and marine clerks in the ports of Los Angeles and Long Beach, the largest combined harbor in the nation.

In Los Angeles County alone, the longshore locals represent about 5,300 members, the largest block of dock workers on the West Coast.

The union’s counterpart is the Pacific Maritime Assn., which negotiates and administers labor contracts on behalf of shipping firms, stevedore companies, and operators of cargo terminals. It has about 110 member companies.

Although the lawsuit was dismissed, association President Joseph Miniace said the action resulted in a dramatic decline in work stoppages as well as better communication and cooperation between Pacific Maritime and the longshore union.

“The lawsuit is a wake-up call to the ILWU,” Miniace said.

Union officials hailed Snyder’s ruling as a victory for dock workers, who have been the target of repeated lawsuits and criticism from the maritime association as both organizations prepare for contract talks next spring.

“We are tired of efforts to disenfranchise us from our contract,” said James Spinosa, vice president of the longshore international. “We hope we can find a middle ground. We invite them to follow the contract and stop going to court.”

Employers and rank-and-file union members say that a major confrontation is possible soon, when contract negotiations get underway. There is fear that the West Coast might be headed for its first dock strike since 1971.

Some of the tension has stemmed from the association’s aggressive policy over the last several years of challenging work stoppages, walkouts and slowdowns in court.

Under Miniace, its new president, the shipping association has filed at least four lawsuits against the union seeking injunctions and monetary damages for work stoppages and honoring picket lines.

Miniace, who has no experience in the shipping industry, contends that the longshore union needs to be held more accountable because an increase in work stoppages since 1996 has contributed to declines in worker productivity.

So far, all the association’s cases have either been dismissed or settled with few concessions from the union. One case is on appeal.

Union officials contend that the number of work stoppages has been exaggerated by the association.

They dismiss much of Miniace’s criticism as posturing for the upcoming labor talks and as the views of a newcomer who does not understand the waterfront.

“Monday’s decision is another example of the court telling Miniace that it will not be a party to his tactics,” said Mike Mitre, a spokesman for Local 13.