PORTLAND, OR (July 19, 2012) – After hearing four hours of testimony today, Judge Michael Simon rejected the bid of ICTSI and the Port of Portland to intervene in the micromanagement of waterfront operations. He rejected three of the four motions in federal court today, saying that claims of low productivity, standing alone, don’t violate the court order, and that there was no proof of intentional efforts to violate the TRO.
“Today’s decisions validate the ILWU’s view that longshoremen are being unfairly blamed for carriers leaving the Port of Portland in recent weeks, when the real offender is Philippines-based ICTSI,” said Leal Sundet, ILWU Coast Committeeman. “We respect the court and Judge Simon, and appreciate that he can see through the distortions of an employer that’s violating its own labor contract and blaming it on the men and women on the docks.”
Judge Simon denied the Pacific Maritime Association’s request to formalize an arbitration, saying he didn’t want to interject the court into the union’s arbitration process, as the grievance machinery has not yet been exhausted. He denied the PMA’s request for a TRO, and further denied a contempt of court request from the National Labor Relations Board, saying there was not enough compelling evidence behind such allegations. The one ruling against the union, the preliminary injunction, was no surprise; as such a ruling is standard pending the outcome of the NLRB cases.
— ILWU Coast Longshore Division News Release