Should public law enforcement provide private security for an overseas corporation that’s locked out local union workers? Longshore and Shipping News readers know the answer, but at last, here’s a rational message from law enforcement on the matter.
Excerpts from The Columbian, followed by Clark County Sheriff Garry Lucas’ letter in its entirety:
Citing neutrality among other reasons, Clark County Sheriff Garry Lucas on Tuesday explained why he declined an offer by United Grain Corp. to pay his office to escort state grain inspectors past picket lines to the company’s facility at the Port of Vancouver.”We have never, and as long as I’m the sheriff never will, act as an escort to a private company involved in a labor dispute to transport or escort management staff, subcontractors, or third parties onto management’s property.” ILWU members have been locked out at Mitsui-United Grain in Vancouver and Marubeni-Columbia Grain in Portland for more than a year.
The letter comes amid a 17-month-long labor dispute between United Grain and the International Longshore and Warehouse Union. It elaborates on a statement issued by the sheriff’s office last week saying it would not provide security escorts for inspectors with the state Department of Agriculture.
Last week’s statement was in response to formal requests by United Grain and the Clark County Board of Commissioners to consider providing security escorts to grain inspectors. Those requests came in the aftermath of a decision by Washington Gov. Jay Inslee to stop using the Washington State Patrol to ferry grain inspectors past picket lines at a gate on the port’s east side.
After the governor’s decision in late June, the state Agriculture department, citing safety concerns, discontinued grain inspections on July 7. Subsequently, United Grain’s operations came to a halt. Although shippers may use other grain terminals in the region, farmers and export groups have raised concerns about their ability to ship products overseas, given the situation at the Port of Vancouver.
Jennifer Sargent, spokeswoman for the Longshore union, has told The Columbian that state grain inspectors don’t feel safe at the picket lines because of conditions created by United Grain, and that “they are union members themselves who generally do not want to cross picket lines.”
Jaime Smith, a spokeswoman for Inslee, has said the governor authorized the State Patrol escorts last fall in hopes it would give United Grain and the Longshore union time to negotiate an agreement. But eight months of negotiations were unsuccessful, she said, and it was clear the escorts weren’t producing the intended results.
Smith has also said the governor was clear with both United Grain and the Longshore union that the State Patrol services were temporary.
The Sheriff’s letter in its entirety:
July 29, 2014
Recently I was asked by United Grain Corporation to supply deputies from the Clark County Sheriff’s Office to act as escorts for Washington State grain inspectors onto the UGC work site at the Port of Vancouver. UGC is currently in the midst of a labor dispute with active picketing. The Washington State Department of Agriculture decided to end inspection services at this site and noted safety concerns for their reason. In their letter to UGC, WSDA stated that these safety concerns existed even with the presence of Law Enforcement.
The request for escorting the grain inspectors came directly from United Grain Corporation and not from the WSDA grain inspectors. UGC even offered to reimburse the County for costs associated with the performing these escorts.
My rationale for not becoming a contractor for United Grain is as follows:
It begins with a question. What is the appropriate role for a law enforcement agency as it relates to a strike or labor disagreement?
My position is that the law enforcement role is a neutral enforcement role that preserves the peace, protects life and property, and protects the rights of the parties as it relates both to the law and the Constitution of the United States. It becomes difficult to maintain neutrality when a police agency is a contractor/employee of one of the parties.
This strike is occurring in the City of Vancouver. They have primary jurisdiction. We become involved if and when conflict grows to the point that Vancouver Police can no longer deal with it on their own and call for mutual aid. They have, thus far, not made such a request. If they should, we would be the first logical mutual aid responder. Should we contract with United Grain, we would be perceived by all parties as a contractor/employee of United Grain. Neutrality and objectivity lost. In the meantime, preservation of the peace and protection of life and property is the primary responsibility of Vancouver Police Department.
We have never, and as long as I’m the sheriff never will, act as an escort to a private company involved in a labor dispute to transport or escort management staff, subcontractors, or third parties onto management’s property. It is my belief that there are private security firms available to provide such a service. If the use of these private firms fail to make the grain inspectors feel safe, those issues should be addressed with the inspectors to determine what additional measures could be taken to rectify their safety concerns.
It seems to me that this labor disagreement has the potential to effect interstate commerce and, in that regard, there are numerous federal laws that could be utilized to reach resolution, but we have either not reached that threshold, or the federal government has not yet acted.
In conclusion we generally reach where we find ourselves based on history. In the early part of the 19th century there was tremendous unrest. The working class felt that they were the victims of terrible working conditions and were the victims of the manufacturing moguls. I won’t go into who was right and who was wrong. The point is that there was no lawful mechanism to resolve differences. The result was violence, bloodshed, and atrocity committed by both sides. Cronyism was rampant, and those with power and influence convinced the political machine to use the police as a means of controlling those demonstrating against them. Neutrality and a sense of fairness lost.
As a result we have a myriad of state and federal laws regulating management/labor relations, and an established framework of law by which resolution may be gained. The parties need to avail themselves of that framework.
In short, the best and most effective way through this labor disagreement is for both parties to bargain in good faith to reach common ground. I encourage them to do so, but I will not become the employee of either side.
Garry Lucas, Sheriff
