Trying to deflect criticism for its lack of action on port security matters before the mid-term elections, Congress rushed to pass the Security and Accountability for Every (SAFE) Port Act. The Senate and the House passed two different versions of the bill, requiring a conference committee to hammer out a final version. The Senate version of the bill had major flaws and the union went into action to change it. 

On Sept. 29, 2006, the day before Congress was to break and members go home to campaign for the November election, the conference agreed on a final act that President Bush is expected to sign. The ILWU’s lobbying efforts were successful and achieved a number of important objectives.

The Senate version contained an amendment sponsored by Sen. Jim DeMint (R-SC) that would codify in law a long list of felony crimes that would disqualify a longshore worker from obtaining a Transportation Worker Identity Credential card (TWIC) necessary to gain access to the docks to work. The ILWU was able to convince legislators to strip the amendment down to four disqualifier crimes: an act of terrorism, espionage, treason or sedition. Other disqualifiers may yet be added by TSA rules, but they will not be codified in law requiring another act of Congress to change them. 

The Senate version of the bill had provisions defining a “transportation security incident” that disrupted cargo movement as an act of terrorism unless the action was “non-violent” in nature. The union was concerned that if two or more individuals got into an altercation in a non-life-threatening protest action during a labor dispute that they would lose their jobs for making a simple mistake during a work action. There are other laws that apply to simple assault—this is not an act of terrorism. So the ILWU lobbied to ensure that the final version included language that would exclude a “work stoppage or other employee-related action not related to terrorism and resulting from an employee-employer dispute” from the definition a transportation security incident. 

The Senate version had an amendment by Sen. John Kerry (D-MA) that required a port security training program and exercise program for longshore workers. It would also make the union eligible for grant money for such training. The ILWU was able to retain that amendment in the final version.

Working with Sen. Ted Kennedy (D-MA) and Sen. Patty Murray (D-WA), the union was able to pass an amendment on the Senate floor that will have the National Institute for Occupational Safety and Health (NIOSH) and OSHA evaluate the environmental and safety impacts of non-intrusive imaging technology like the VACIS gamma ray inspection devices and develop a radiation risk reduction plan to minimize the risks to workers and the public.

An amendment sponsored by Rep. Loretta Sanchez (D-CA) to conduct a one-year pilot program to assess the risk posed by and improve the security of empty containers at U.S. seaport to ensure the safe and secure delivery of cargo and to prevent potential acts of terrorism involving such containers was retained. The pilot program will include the use of visual searches of empty containers at U.S. seaports. Given that this amendment was offered by a Southern California member of Congress, Sanchez will attempt to direct the pilot program to the Port of LA/LB.

The union was also successful in getting in a provision guaranteeing that workers will be charged only once for transportation security cards. If the card reader technology changes, ILWU longshore workers will not be charged for new cards.

The Senate version had a provision that would require the federal government to have plans to intervene and move cargo in the case of a transportation disruption due to terrorism, natural disasters or labor dispute. The union was able to strip “labor dispute” from the final version.

Congress will return after the election in a “lame duck” session and work through part of November and December. We have heard rumors that Senator DeMint (R-SC) is particularly angry with the ILWU’s successful lobbying effort to strip his anti-labor provision. He may attempt to amend another piece of legislation, so the union will stay on guard to protect its members’ interests.

 —Dispatcher staff reports