Dockworkers
threatening to
strike statewide
The ILWU says it will give
By Russ Lynch
a 72-hour warning if a court
orders it to stop its work slowdown
Star-BulletinHawaii could face a statewide dock strike as early as next week, if court actions and arbitration now under way don't prevent it.
Herbert R. Takahashi, an attorney for the International Longshore & Warehouse Union, told a federal judge today that if the court orders the union to stop its current slowdown, the ILWU may have no choice but to terminate its contract.
That could lead to a strike.
U.S. Judge David A. Ezra this morning declined to decide on a temporary restraining order to end what the waterfront employers say is an illegal slowdown by the union. But the judge said he was holding off only so a full evidentiary hearing could be held later this afternoon.
Earlier, Kenneth B. Hipp, attorney for the group of companies that handle goods on the docks, told the judge that the failure by about 200 members of ILWU Local 142 to show up for work statewide on Sunday, plus a work slowdown since, has already cost Matson Navigation Co. $2 million and is affecting other shippers.
He said the action is illegal under the current contract, which technically expired June 30 but has been extended indefinitely subject to 72 hours notice from either side.
Takahashi, representing ILWU Local 142, said the employers haven't shown evidence that the union ordered the work stoppage or the slowdown. In written statements to the court he said the workers are concerned about safety issues and the slowdown is not related to negotiations for a new contract.
Those arguments were disputed by the companies, who said the ILWU has refused to abide by an arbitrator's decision that they go fully back to work.
Takahashi said the contract does not require union members to work on Sunday, the workers' "day of rest."
Hipp said it couldn't be a coincidence that 200 workers, all of the work force for the day, just opted at the same time to take the day off. And he said that a temporary restraining order "will merely trigger the termination of the contract with a 72-hour notice."
Both sides have been silent on the progress, or lack of it, in the contract talks.
There are several ways a strike could be averted. First, the union and the companies could agree on a new contract. Second, the union could keep working and keep negotiating and not invoke the 72-hour notice of contract termination. Finally, an arbitrator could decide issues such as safety concerns and order both sides to comply.
Ezra convinced both sides to begin an arbitration process with Ted Tsukiyama, the island arbitrator, who is away on a trip to Japan. Tsukiyama is due back Monday. The arbitration process is the place to decide safety issues, if that is truly what is at stake, Ezra said.
Ezra said he could have ruled on a back-to-work temporary restraining order this morning, even without letting the attorneys speak, but out of fairness, he decided to let the sides present evidence later today.
A lawsuit filed yesterday by the companies -- Hawaii Stevedores Inc., Matson Terminals Inc., HT&T Co. and McCabe Hamilton & Renny Co. -- said 221 union members failed to show up for work Sunday, making it impossible to load or unload containerships and barges in the ports at Honolulu, Barbers Point, Kahului, Kawaihae and Hilo.
When workers did show up Monday, they began a slowdown which has continued since, the lawsuit charged. That violates contract provisions against such job actions while the contract is in force, the companies said.
ILWU members on the West Coast reached a new labor agreement in late August which gave them an average 8 percent pay increase over the next three years.
