International Longshore and Warehouse Union, Local 200, Unit 16 (Southeast Stevedoring Corporation)

National Labor Relations Board - Board Decisions

May 29, 2014

19-CC-109002 (N.L.R.B. May. 29, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION, LOCAL 200, UNIT 16
and Case 19-CC-109002
SOUTHEAST STEVEDORING CORPORATION
DECISION AND ORDER
Statement of the Case
On February 20 and 21, 2014, the International Longshore and Warehouse Union,
Local 200, Unit 16 (the Respondent), and the General Counsel of the National Labor
Relations Board, respectively, entered into a Formal Settlement Stipulation, subject to the
Board’s approval, providing for the entry of a consent order by the Board and a consent
judgment by any appropriate United States Court of Appeals. In the Stipulation, the
Respondent waived all further and other proceedings before the Board to which it may be
entitled under the National Labor Relations Act, as amended, and the Board’s Rules and
Regulations, as well as its right to contest the entry of a consent judgment or to receive
further notice of the application therefor. On February 26, pursuant to the General
Counsel’s motion, Administrative Law Judge Gerald Etchingham issued an Order granting
the motion and accepting and approving the formal settlement stipulation.1
The National Labor Relations Board has delegated its authority in this proceeding to
a three-member panel.
The Formal Settlement Stipulation is approved and made a part of the record, and
the proceeding is transferred to and continued before the Board in Washington, D.C., for
the entry of a Decision and Order pursuant to the provisions of the Formal Settlement
Stipulation.

1 The Charging Party, Southeast Stevedoring Corporation, has not executed the
settlement stipulation. The Charging Party contended to the judge that the terms of the
proposed settlement do not sufficiently protect it from being required to re-litigate the issue
presented in this case and that approval of a formal settlement agreement between the
General Counsel and the Union, after the Charging Party has litigated the case and
submitted its post-hearing brief, unfairly deprives it of a decision on the issues contested at
the hearing. The judge addressed these concerns in his Order approving the settlement
stipulation. After carefully considering the Charging Parties’ objections, we agree with
the judge that the settlement agreement effectuates the purposes of the Act.
2
Based on the Formal Settlement Stipulation and the entire record, the Board makes
the following
Findings of Fact
1. The Employer’s business
At all material times, Southeast Stevedoring Corporation has been a corporation
with an office and place of business in Ketchikan, Alaska, engaged in the business of,
among other things, providing stevedoring services to the shipping, mining, lumber, and
cruise ship industries.
During the twelve months preceding February 21, 2014, which period is
representative of all material times, in conducting its operations described above,
Southeast Stevedoring Corporation derived gross revenues in excess of $500,000.
During the twelve months preceding February 21, 2014, which period is
representative of all material times, in conducting its business operations described above,
Southeast Stevedoring Corporation purchased and received at its Ketchikan, Alaska
facility goods valued in excess of $50,000 from points outside the State of Alaska.
At all material times, Southeast Stevedoring Corporation has been an employer
engaged in commerce within the meaning of Section 2(2), (6), and (7) of the Act.
2. The labor organization involved
At all material times, Respondent has been a labor organization within the meaning
of Section 2(5) of the Act.
ORDER
Based on the above findings of fact, the Formal Settlement Stipulation, and the
entire record, and pursuant to Section 10(c) of the National Labor Relations Act, as
amended, the National Labor Relations Board orders that
The Respondent, International Longshore Warehouse Union, Local 200, Unit 16,
its officers, agents, and representatives, shall
1. Cease and desist from
(a) Registering, filing, or processing grievances against the Charging Party where
the object thereof is to unlawfully force or require the Charging Party to assign lines
handling work on cruise ship tenders in Juneau, Alaska over which it does not have
control, and/or to cease doing business with cruise lines.
2. Take the following affirmative action necessary to effectuate the policies of the Act
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(a) Within 14 days of the Board’s Order, withdraw the April 25, 2013 grievance and
subsequent demand for arbitration filed against the Charging Party.
(b) Within 14 days of the Board’s Order, post at the Respondent’s facilities copies
of the attached Notice to Employees and Members (Appendix) on forms provided by
Region 19, after being signed by the Respondent’s authorized representative. Copies of
the Notice shall be posted by the Respondent and maintained for a period of 60 days in
conspicuous places, including all places where notices to its members are normally posted
and which are accessible to members performing work for the Charging Party in Juneau,
Alaska. The Respondent should also provide sufficient Notices for the Charging Party to
post at its Juneau, Alaska facility, if the Charging Party is willing. The Respondent will take
reasonable steps to ensure that the Notices are not altered, defaced, or covered by any
other material. Respondent shall also duplicate and mail, at its own expense, a copy of the
Notice to all current and former members who have worked for the Charging Party in
Juneau, Alaska at any time since April 25, 2013.
(c) Within twenty (20) days of the Board’s Order, file with the Regional Director for
Region 19 of the Board a sworn affidavit from a responsible official describing with
specificity the manner in which Respondent has complied with the terms of the Board’s
Order, including providing the names and addresses of all current and former members the
Notice was mailed to, and the locations of the posted documents.
Dated, Washington, D.C., May 29, 2014.
___________________________________
Mark Gaston Pearce, Chairman
___________________________________
Harry I. Johnson, III, Member
___________________________________
Nancy Schiffer, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
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APPENDIX
NOTICE TO EMPLOYEES AND MEMBERS
Pursuant to a stipulation providing for a Board Order and a consent
judgment of any appropriate United States Court of Appeals.
FEDERAL LAW GIVES YOU THE RIGHT TO:
Form, join, or assist a union;
Choose a representative to bargain with your employer on your behalf;
Act together with other employees for your benefit and protection;
Choose not to engage in any of these protected activities.
WE WILL NOT do anything to prevent you from exercising the above rights.
WE WILL NOT register, file or process grievances against Southeast Stevedoring
Corporation where an object thereof is to unlawfully force or require Southeast Stevedoring
Corporation to assign lines handling work on cruise ship tenders in Juneau, Alaska over
which it does not have control, and/or to cease doing business with cruise lines.
WE WILL, within 14 days from the date of the approval of the Settlement Agreement,
permanently withdraw the grievance filed on April 25, 2013 against Southeast
Stevedoring Corporation.
INTERNATIONAL LONGSHORE WORKERS
UNION (ILWU) ALASKA LONGSHORE
DIVISION, UNIT #16
(Labor Organization)