NLRB obtains injunction to stop violent union protests at port of Longview, Washington

[Omaha Steve]

Source: NLRB

At the NLRB's request, a federal judge has granted a Preliminary Injunction to stop acts of picketing misconduct by two union locals at the Port of Longview, Washington, that have prevented a grain processing facility from operating since it attempted to open in July 2011.

The injunction was based on allegations that Locals 21 and 4 of the International Longshore and Warehouse Union engaged in picketing accompanied by violence and property damage and thereby interfered with the ability of trains to deliver grain intended to be processed and shipped from the $200 million facility, built and operated by EGT, LLC. More than 100 arrests have been made in relation to the picketing.

Judge Ronald B. Leighton of the Western District of Washington issued the Preliminary Injunction against both ILWU Locals late Thursday, responding to a request filed by Richard L. Ahearn, Regional Director of Region 19 in Seattle. Judge Leighton had issued a Temporary Restraining Order the previous week, and has scheduled a contempt hearing for Sept. 15.

Also, on Aug. 29, the region issued a complaint against the union locals alleging that their acts violated federal labor law. A hearing is scheduled on that complaint before an Administrative Law Judge on Oct. 11.

Acknowledging the severity of this conduct and the need for restraint, Judge Leighton tailored his Injunction so that EGT could receive deliveries and begin operations, the Burlington Northern Santa Fe Railway could deliver grain, and employees could proceed without being threatened or mistreated. The injunction will run until the National Labor Relations Board issues its final order in the administrative proceeding.

Helena Fiorianti of the NLRB’s Portland Sub-Regional Office investigated the unfair labor practice charges filed by EGT; John Fawley and Dan Sanders of the Seattle Regional Office represented the NLRB in the hearing before Judge Leighton.

* Printer-friendly version: http://www.nlrb.gov/print/1723




Read more: http://www.nlrb.gov/news/nlrb-obtains-injunction-stop-violent-union-protests-port-longview-washington

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September 09, 2011
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[juxtaposed]

1. born a union man and fight to my death a union man......

workers are you and me.

[Yupster]

2. You need an injunction to stop violent protests?

Can't the police just arrest anyone breaking the law?

[kelly1mm]

3. Good. Violence and property damage cannot be condoned by either side.

If it was/is wrong for the Pinkertons to run amok then it is wrong if labor does it.

[The Northerner]

5. +1

[Truth2Tell]

4. This is only the beginning.

Don't like violence by workers? Shoulda thought of that before they started a class war. Reap what you sow fuckers.

[DrunkenBoat]

6. Interestingly, the 'violence' (such as it was; the extent has been seriously misreported)

came the day after a court decision against EGT's demand to quash the pickets (which had been proceeding for some time, quite peacefully).

The next day a lot of outsiders come down & there's 'violence'.

And they get their injunction.

EGT had already used provocateurs...

Aug. 8th:

Multinational EGT loses bid to severely restrict workers’ free speech rights

A United States District Court Judge today denied the NLRB’s motion to ban picketing at the EGT facility in the Port of Longview. The judge issued only a very narrow preliminary injunction preserving the right to peaceful picket — far short of what the NLRB sought.

“Union members are pleased with the outcome even though they are smarting from false allegations of hostage-taking that were spread in the media throughout the day, an outright lie intended to discredit the union and its struggle for good jobs for the community,” said Leal Sundet, Coast Committeeman for the ILWU Coast Longshore Division.

“EGT has employed a professional strike breaker and a labor provocateur to manufacture trouble during peaceful protest, but they can’t change the fact that longshore workers are simply wanting to go to work and do their jobs,” Sundet said.

http://www.longshoreshippingnews.com/2011/09/multinational-egt-loses-bid-to-severely-restrict-workers-free-speech-rights/


Speaking of "violence," here's video of someone at EGT driving into picketers at the terminal gate. This is before the "violence" of 9/9.

Not surprisingly, it didn't get reported.

http://www.longshoreshippingnews.com/2011/08/disturbing-video-shows-car-plowing-into-peaceful-demonstrators-at-port-of-longviews-egt-facility/

[DrunkenBoat]

7. Here's more background:

EGT Development is a joint venture of Japan-based Itochu Corp, South Korea’s STX Pan Ocean and St. Louis-based Bunge North America. Like so many corporations that promise good jobs to get what they want, EGT got a special state tax exemption and a sweetheart lease deal from the Port of Longview to build a $200 million grain terminal there. The government even seized adjacent land for the project. But as soon as the deal’s ink was dry and the ceremonial first shovel of dirt was overturned two years ago, EGT began running the project on the cheap.

Despite high unemployment in Cowlitz County and the availability of hundreds of skilled union building trades workers, EGT imported the vast majority of its construction crews from low-wage communities out-of-state and did not pay area standard wages, leading to howls from the local labor community.

After the terminal was built, EGT decided to ignore the Port of Longview’s contract with ILWU Local 21 to hire union labor on its leased site. Instead, the multinational conglomerate hired non-union workers — claiming it would save the company $1 million a year (a figure the company later admitted had been plucked from the sky) — and EGT sued the Port, arguing it was not bound by the contract with the ILWU.

For months, ILWU picketed EGT and attempted to pressure the company to negotiate with the union. Those protests gradually grew in size as EGT refused to meet with the union, culminating in a major rally on June 3, when more than 1,000 ILWU supporters from Washington to California rallied outside EGT’s headquarters in downtown Portland. The protest was loud, but nonviolent...

EGT was feeling the heat, and community support for the local ILWU workers was growing as more people learned the facts of the dispute.

Then the company made a surprise announcement that it would hire a unionized subcontractor to run the terminal. EGT signed an agreement with Federal Way-based General Construction Co., a subsidiary of Kiewit, to operate the terminal with union members from the Portland-based International Union of Operating Engineers Local 701...

There have been numerous incidents provoked by EGT’s union-vs.-union arrangement. Most recently, a contractor drove right through the ILWU picket line on Aug. 29 and struck two ILWU members who, fortunately, were not seriously injured. Although the contractor was not cited or arrested for the vehicular assault, an angry ILWU picketer was arrested for allegedly damaging the next vehicle that attempted to cross the picket line, a charge based on video surveillance provided by an EGT security guard.

Some 400 ILWU members stood on the railroad tracks to block a train from delivering grain to the terminal for about four hours, but the train passed through after protesters were confronted by 50 police officers in riot gear. ILWU President Robert McEllrath, who attended the protest, was detained by police, escalating tensions between protesters and officers. In the confrontation that ensued, police beat protesters away with clubs and pepper spray...

Early this morning, hundreds of ILWU members and their supporters reportedly stormed the EGT terminal at the Port of Longview, broke down the gates, overpowered security guards, damaged railroad cars, and dumped grain, according to Longview Police Chief Jim Duscha. Initial reports indicated no one was hurt and nobody has been arrested. After a few hours, the protesters returned to their union hall.

So that’s where we stand, as of this writing.

To sum up: a taxpayer-subsidized international conglomerate, which is operating on public property, is suing the public so it can avoid paying the area’s standard wages and undercut its competitors that do. Then, it exacerbated tensions with the local labor community by importing union workers from another jurisdiction to cross the picket lines.

That’s why ILWU members are angry, and that’s why this is about more than just 50 jobs in Longview.


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Oh, & Local 701 (Operators Union) is based in Gladstone Ore -- not Portland-- & has members all over Ore & SW Washington -- including Longview. They're a company union with a "special" relationship with some big construction companies. They'll scab anytime their bosses tell them to.

http://www.thestand.org/2011/09/heres-why-longshore-workers-are-so-angry/