By Robert McEllrath
ILWU International President

The Longshore Division Caucus was held April 30-May 4 at the Holiday Inn on Van Ness Ave. in San Francisco. Several topics were discussed and I will address in this article two subjects: 1) Early longshore negotiations and, 2) The National Labor Relations Board case concerning the changes in the amount of longshore pro rata and per capita payments by non-member Class ‘B’ longshore workers to the Union.

First of all, a brief history of the timeline for previous Pacific Coast Longshore Contract Document (PCLCD) bargaining. Normally, the Longshore Division has a two-week caucus to prepare for bargaining, where we put together a package of resolutions brought from the Locals up and down the coast. Each one is introduced and discussed on the floor, with a final vote to either accept or reject the resolution. All resolutions that are accepted are then given to the Officers, Coast Committee, and the Negotiating Committee (selected from the Caucus) to prepare and present to the employers. This usually occurs in the first part of May, giving the parties about two months—May and June—to negotiate an agreement before the Contract expires on July 1.

Research shows there has been only one official set of “early” negotiations, in October 1970. The Caucus authorized early negotiations with the Pacific Maritime Assn. (PMA) for the 1971 expiration of the 1966 “Second Mechanization and Modernization (M&M) Agreement.” Early negotiations were broken off in January, 1971 and resumed a few months later.

For the current contract, the employers first expressed a desire to finish bargaining by December 2007, and then changed their request, asking for negotiations to begin in early 2008. After agreeing with early bargaining, the Longshore Division will hold its negotiating Caucus, known as the “Contract Caucus,” in January or early February, and begin bargaining in March. This schedule gives the Negotiating Committee about four months to obtain an agreement. It will clearly demonstrate that the ILWU is taking the concerns of everyone involved very seriously. It will also demonstrate that the Union is doing its part to minimize the chance of an interruption of commerce by either side.

As we all remember, the 2002 lockout by the employers was the first time in American labor history the government invoked the Taft Hartley Act against a union when the employers were the ones to bring about disruption of commerce. The employers said we were slowing down the flow of goods, but as hard as they tried, it was never proven in court. Everyone should be aware that 2002 negotiations cost the Coast about $3.4 million.

This brings me to my second topic: the NLRB lawsuit on non-member Class ‘B’ payments for Pro Rata (Longshore Division) and Per Capita (International Union.) As mandated by the Caucus, the ILWU Coast Committee has assumed responsibility for paying the Labor Board from existing Coast funds. The settlement covers the refunds to be paid to all individuals who are or were nonmember class ‘Bs’ during the settlement period. As also directed by the Caucus, each Local is responsible for implementing by June 1, 2007 the collection of reduced nonmember class ‘B’ fees. The Locals will take all steps necessary to implement the reduction by the June 1 deadline.

 With respect to the refund, each individual who is or was a nonmember class ‘B’ worker during the settlement period has the right to accept or reject the refund on a totally confidential basis. The Union will have no idea who rejects and who accepts the partial refund; only the Labor Board will know this and they will keep it confidential. The Union must assure everyone that the choice to accept or reject the partial refund is entirely up to the individual, free from any threats, coercion or intimidation.

However, the Union needs to equally stress to all individuals eligible for the refund the importance of choosing to reject their share of the refund so that the money may be returned to the Coast Pro Rata Committee for ongoing programs vital to the welfare of the Longshore Division, including especially upcoming 2008 contract negotiations.
Having myself been a B-man for five years, I was not allowed to vote or run for office. But we paid our dues, we listened, and we learned how the Union is run and held together. All the assessments and dues back then got us to where we are today. The dues and fees paid today will get us improved Contracts and conditions for tomorrow.

It is also important to note that only a small group of the ‘B’ registrants wanted this Pro Rata changed. There are excellent trade unionists among our ‘B’-ranks who are the ILWU’s future officers. To all of you I say thanks, and for the very few among us who want to tear it apart…, I won’t say I’m sorry for you, but I am sorry for the ILWU. This institution is your house, our house. However, I for one am proud to have given, and will continue to give whatever is asked in order to build the strength and unity of the ILWU. And I know the great majority of Casuals and Class ‘Bs,’ and all Class ‘As,’ are with the Union 100 percent.

An Injury to One is an Injury to All.