June 26, 2002
To: James Spinosa ILWU and Joseph Miniace PMA
We are writing to urge both management and labor to negotiate a new
West Coast longshore labor agreement in the spirit of good faith and fair
compromise, and without using bargaining strategies that may take
advantage of current national security concerns or that rely on hoped-for
government intervention.
We are disturbed by reports that the Pacific Maritime Association
(PMA), which serves as the multi-employer association and bargaining agent
of mostly foreign steamship, stevedore and marine terminal companies, is
manufacturing a "labor crisis" and undermining prospects for a
contract settlement. This apparently is being done to secure U.S.
government intervention to, in turn, leverage economic gains that PMA may
not be able to achieve in contract negotiations with the ILWU. In this
regard, we understand that PMA is, among other things:
1) Making repeated, public threats that the Employers intend to lockout
ILWU workers and thereby shut down the West Coast ports;
2) Conducting contract negotiations directly contrary to its public
statements to the federal government and the media. Specifically, the PMA
is aggressively seeking at the bargaining table economic takeaways from
employees in the areas of medical benefits, pension and wages, while it
has and continues to publicly campaign for a contract settlement that
would provide employees wit increased economic benefits and job security
in exchange for new technologies and improved productivity in the ports;
3) Failing to provide the ILWU with requested information concerning
the specific impact of proposed new technologies on the workforce, which
information is necessary for meaningful negotiations;
4) Creating unwarranted alarm as to what happens in the longshore
industry in the event the labor contract expires on July 1 without a
settlement. While the PMA is portraying a scenario of economic doom, the
past several contracts were successfully negotiated in the weeks following
the July 1 expiration date without a strike or lockout. The last West
Coast strike occurred over 30 years ago. Industry practice shows that
contract expiration actually facilitates a negotiated settlement.
The International Longshore and Warehouse Union (ILWU)
and the Pacific Maritime Association (PMA) have an outstanding record of
providing efficient operations and productivity in our West Coast ports,
especially in times of war, emergencies and national crisis. We understand
that there has not been a West Coast longshore strike since 1971 because
the parties have consistently been able to resolve their differences
through contract negotiations. We also understand that this has been
accomplished without the involvement of outside parties, mediators and,
most importantly, the government.
We believe that to continue this record of success, all
outside parties, including the government, must not interfere in the
present longshore contract negotiations. It is particularly important that
our current national security concerns not be used by either party as a
tool to gain unfair contract advantages. Rather, the PMA and the ILWU
should work together to develop security measures to protect the West
Coast ports and our nation from terrorism. We understand that the ILWU
submitted specific proposals on port security to the PMA within days of
the September 11 attacks and that these remain unresolved in the contract
negotiations. WE urge the parties to work in partnership to protect our
ports and the American people.
As to other negotiation issues, it is reported that in
addition to implementation of new technologies for port operations, the
Employers seek several economic concessions from the Union in the areas of
wage freezes, medical benefits and pension as well as significant changes
in the traditional arbitration system and dispatch hall arrangements. We
are informed that the Union seeks, among other things, improvements in
pension benefits and specific port security measures to deter terrorist
attacks. These are all formidable issues that should be resolved through
traditional collective bargaining and without strategies that use current
national security concerns and requested government intervention to
leverage concessions.
We urge the parties not to build inflexible bargaining positions based
on the expectation of government intervention to force a specific
resolution as we would oppose such government action. Nor would we support
the use of national security measures as a means to change
long-established federal labor policy that preclude the government from
restricting labor's legal rights or taking sides in a labor dispute.
We are confident that the PMA and the ILWU can best
reach a satisfactory contract settlement by traditional collective
bargaining "at the bargaining table" and not by means of
threatened government action or public campaigns.
We wish you and your members the best in your
negotiations.
Sincerely,
George Miller and 44 other Representatives