Leal Sundet, Coast Committeeman for the Coast Longshore Division, has sent this letter to Cowlitz County Sheriff Mark Nelson:
September 15, 2011
Via first class mail and fax
Sheriff Mark S. Nelson
Cowlitz County Sheriff’s Office
312 S.W. 1st Ave.
Kelso, WA 98626Mr. Nelson:
I am writing to urge you to change your current course of conduct and tactics relative to the handling of the labor dispute between EGT Development (EGT) and International Longshore and Warehouse Union (ILWU) Local 21.
Up until very recently, ILWU Local 21 worked with your office to coordinate its efforts to peacefully protest EGT’s repudiation of the parties’ labor agreement and collective bargaining relationship. Now you are making statements in the media and conducting yourself in a way that calls your neutrality into question and is not in keeping with your oath to public office.
For starters, let’s put things in context. The EGT facility is located on Port of Longview property in a rural area far from any commercial centers, private residences, or public areas. In short, any demonstration that takes place near the EGT facility takes place in almost total isolation and represents no threat to public safety in any way.
Abusive tactics against union members in Cowlitz County
Last week, peaceful demonstrations in this isolated area were turned violent unjustifiably by the police. On September 7, 2011, protesters congregated on the Port of Longview railroad tracks, effectively blocking further movement of a Burlington Northern Santa Fe train that was well removed from the main track. Without provocation, police in riot gear charged protestors, including women and children. Police physically and forcefully assaulted ILWU President Robert McEllrath. In addition, police threatened the group of protestors with batons and guns loaded with rubber bullets. Pepper spray was deployed by law enforcement on the protestors. In the end, the protestors dispersed under orders from police. Only a small group of approximately 15 individuals remained and were promptly arrested
As we speak, one week after the above described incident, you are arresting individual union members for standing on the track that day exercising their First Amendment rights. The people who you are currently arresting are the very individuals who dispersed on your orders. You didn’t arrest them last Wednesday. Why are you doing so now?
In contrast, the same type of demonstration occurred last week on the same day in Vancouver, and after two hours the demonstration ended peacefully with no confrontations or arrests.
Shortly after the Longview incident last week, you dishonestly reported to the media that authorities “were rushed by a mob of hundreds of protesters who were resistive and throwing things at the officers.” Resistive or self defense? And you know that the protesters were not throwing things at the police. Authorities also publicly accused union members of pepper spraying officers when in fact it was the other way around. The Longview Police Chief, who we understand was acting as your spokesperson and reading from a prepared statement, publicly accused union members of taking hostages. That was complete fabrication that was later recanted but not until the intended public relations damage was done. Your sensationalized media campaign to mischaracterize union members as lawless criminal aggressor thugs is unprofessional, unwarranted, and inflammatory.
This past weekend, when the Port of Longview agreed to again allow ILWU Local 21 pickets on their property, you nonetheless arrested 16 people. The Port refused to press charges and you protested in a strongly worded email to the Port in which you characterized ILWU members as criminals. How is it, Mr. Nelson, that it is any of your concern whether or not the Port allows access to its isolated properties?
Now, by what can only be explained as your need to function as EGT’s propagandist, you have chosen to make arrests at individuals’ homes or pursuant to traffic stops. Union attorneys have tried to contact you to identify individuals for whom you may have arrest warrants. Contact was made in an effort to coordinate contact between your office and these individuals. You have been unwilling to engage these attorneys choosing instead to continue your dramatic arrests. This type of “law enforcement” is unnecessarily provocative and wastes valuable Cowlitz County taxpayer resources.
In addition to all this, we are seeing disproportionate treatment in law enforcement’s handling of longshore workers. For example, three ILWU officers were arrested and charged with obstruction of a law enforcement officer because they allegedly did not move quickly enough when asked to by police officers. Two were Presidents of sister Locals and were in a crowd outside of the EGT facility when they were singled out for arrest. It is our understanding that they have now been offered a plea deal that requires them to plead guilty to the charge in exchange for a 365 day suspended sentence. After that, if they fail to stay off the picket line, it will result a mandatory 365 day jail sentence. By comparison, an individual was caught on video purposefully driving through and striking with his vehicle, peaceful picketers as he entered EGT’s Longview facility. The driver struck picketers, failed to render aid, and left the scene of the accident. One picketer was taken to the hospital as a result. Cowlitz County officials, who reviewed the video, to date have declined to prosecute the driver, instead arresting a picketer who allegedly dented another vehicle with his knee. He was immediately charged with a felony.
It seems to us, Mr. Nelson, that you have become the lead propagandist for EGT, a multinational corporation with no interest in this community other than to generate profit for its foreign owners. EGT comes into the community, obtains tax breaks, utilizes out-of-state and foreign construction workers, sues the Port of Longview, and looks to upset the balance within an otherwise profitable export grain industry. To the extent that longshoremen protest and it does not interfere with public safety or result in property damage, you should remain neutral. Instead, you are expending County resources to simply ensure the commerce and profitability of EGT. To be sure, your lack of neutrality and unnecessary assault on peaceful picketers and the President of the ILWU on September 7, 2011 is directly responsible for inciting the events that occurred on September 8, 2011.
You and the Prosecuting Attorney are elected to serve the public. You are not elected to serve a huge interloping conglomerate like EGT. EGT can afford to hire its own army. The taxpayers should not subsidize it.
Sincerely,
Leal Sundet
Coast Committeeman
ILWU Coast Longshore Division
cc:
ILWU Local 21
Susan Baur, Cowlitz County Prosecuting Attorney
