Unity was key at EGT: This photo was taken after Local 21 members voted unanimously to support the framework agreement. Pictured here from left to right are: Bob McEllrath, ILWU Int'l President; Dan Coffman, Local 21 President; Leal Sundet, ILWU Coast Committeeman, Jake Whiteside, Local 21 Vice President (front); Byron Jacobs, Local 21 Secretary-Treasurer.
When the grain ship MV Full Sources arrived at EGT’s multinational grain export facility in Longview, Washington, on February 7, it marked a significant victory in one of the most militant labor disputes in recent decades: the fight to keep all major grain export terminals on the West Coast represented by the ILWU.
A new five-year collective bargaining agreement, signed on February 10, ensures that ILWU Local 21 members will perform all of the landside and shipside operations at EGT’s state-of-the-art, $200 million grain elevator. Both production and maintenance work are covered by the agreement, with a regular
ILWU workforce employed for daily operations and a pool of employees available to work as needed when servicing incoming vessels, barges, trains and performing other tasks.
The workforce is entirely made up of registered longshoremen from the ILWU/PMA joint dispatch hall, and all pension, healthcare, vacations, and holidays are paid through the ILWU/PMA benefit plans. Like the grain companies that make up the Pacific Northwest Grain Elevator Operators – signatories with the ILWU to the Pacific Northwest Grain Handlers’ Agreement that has been in member participant, meaning that all payroll will be through the PMA.
However, while the ILWU and EGT have taken this important step forward and are now working together toward reconciliation and a productive labor management relationship, the Cowlitz County Prosecuting Attorney is busy filing new charges stemming from protests that took place months ago.
“The contract with EGT is a big win for the ILWU and the Longview community,” said ILWU International President Robert McEllrath, who led the settlement effort with ILWU Coast Committeeman Leal Sundet, Local 21 President Dan Coffman, and members of Local 21’s Negotiating Committee.
McEllrath added: “But, this is not over. Individuals are still facing criminal charges related to our protest of EGT last summer. I won’t consider this over until the last member and supporter who stood up and said ‘no’ to the loss of our historic work is cleared.”
Legal issues remain
The resolution with EGT does not encompass all outstanding legal issues, including more than 100 cases filed against ILWU members and supporters by the Cowlitz County Prosecuting Attorney, Susan Baur, and more than $300,000 in fines sought by the National Labor Relations Board (NLRB) under the Taft Hartley Act and assessed against the ILWU by the Federal District Court in Tacoma. A number of legal issues remain pending before the NLRB, in the civil court system, and with the Cowlitz County Prosecuting Attorney’s office. These unresolved legal issues require attention and union resources.
In fact, as recently as Monday, February 13, Baur filed serious felony charges against an ILWU member who allegedly drove his log loader near a train last fall. Baur also indicated Monday that her office continues to review cases related to last summer’s labor dispute and that more charges may be coming. Baur’s escalation of criminal cases against ILWU members at a time when the Longview community is beginning the healing process, her continued prosecution of individuals with little to no evidence, and the pressure being placed on individuals to plead guilty to minor misdemeanors or face more serious felony charges is being addressed by the ILWU International leadership. Locally, union members are concerned and dismayed by local law enforcement’s continued retaliation against the ILWU.
“The ‘file charges first and look at the evidence later’ approach to law enforcement is wasting tons of taxpayer dollars and appears to be fueled by something other than pure and evenhanded administration of the law,” stated ILWU Coast Committeeman Sundet. Local 21 President Coffman added, “We are not criminals for protecting our jobs; the continuous intimidation tactics and this lately conceived escalation of charges have no place in our community that’s now trying to heal.”
To date, dozens of charges against ILWU members and supporters have been dropped for lack of evidence, and there have been a number of “not guilty” jury verdicts in train blocking and trespassing cases. These dropped charges and jury acquittals highlight the County’s lack of evidence and the outright waste of taxpayer money in pursuing individuals for their exercise of the First Amendment right to protest in a labor dispute.
In April, ILWU International President McEllrath himself is scheduled to go to trial on trespass and train obstruction charges related to his involvement in a protest that took place on September 7, 2011. McEllrath is firm in his resolve to face the Cowlitz County Prosecuting Attorney with all remaining ILWU defendants and answer for the charges that stem from the union’s protest against EGT.
Appreciation for ILWU members, international solidarity, and the governor
Notwithstanding the work ahead to resolve the outstanding legal issues, the ILWU is reaching out to supporters to express gratitude for their aid in resolving the dispute with EGT. ILWU International President McEllrath praised Local 21 members and pensioners for their “courage and determination to win” and recognized the critical support that came from Locals 4, 8, 40 and 92, who worked Local 21’s round-the-clock pickets at EGT, protested alongside Local 21 on train tracks, and got arrested with their Longview brothers and sisters. McEllrath noted that locals from the Puget Sound, Columbia River, and Northern and Southern California had all sent representatives on multiple occasions to Longview to rally in support of a Local 21 contract at EGT, and he thanked Washington State Governor Chris Gregoire for “helping us find common ground with EGT.”
McEllrath pointed out that unions representing millions of workers both domestically and around the world sent messages of solidarity and offered their support. He said, “The men and women of the ILWU, together with support from our friends and allies in local communities and around the world, won a labor dispute that many said couldn’t be won.”
Looking back on the dispute with EGT
The fight for ILWU jurisdiction began in 2009 when EGT, a multinational joint venture made up of Bunge North America, Korea-based STX Pan Ocean, and Japanese conglomerate Itochu, received a sweetheart deal from the Port of Longview and tax breaks to build a massive grain export terminal in exchange for the promise of good local jobs. Concerns were raised at the outset when EGT used non-union construction contractors, many from outside the region, to build the new facility instead of employing local union workers. Local 21 negotiated with EGT for approximately 14 months in an effort to reach an agreement with EGT similar to the Pacific Northwest Grain Handlers’ Agreement, but negotiations stalled in the face of EGT’s nonstarter proposals. The boiling point came when EGT cut off negotiations with Local 21 and hired a subcontractor to begin operating its new facility.
The subcontractor hired workers represented by Operating Engineers (OE) Local 701 in Gladstone, Oregon, a move that enabled EGT to claim that it was “hiring union” despite the fact that EGT had no contract with OE Local 701 and could end its relationship with the subcontractor employing OE Local 701 members at any time.
A series of conflicts followed in the summer and fall of 2011 as EGT attempted to operate its facility without Local 21 members, who had performed the longshore work associated with grain export at the Port of Longview for more than 70 years. Major media sent cameras and reporters to Longview to document 24-hour picket lines, demonstrations on railroad tracks, and rallies with hundreds of people in attendance.
Boost from local businesses
Very early on in the dispute with EGT, Local 21 members began reaching out to local business owners with whom they built a solid base of support. Owners were approached one on one to enlist their support for the ILWU’s “good jobs” fight. This eventually yielded support from about 400 local business owners who posted signs in their windows supporting the ILWU.
“People in Longview know that union jobs, wages and benefits make our community much healthier,” said Local 21 President Coffman, who credits Local 21 members for doing the legwork needed to marshal support from local businesses.
ILWU outreach and billboard
Local 21 also got their “good jobs” message out to the community by going door-to-door in neighborhoods and by renting a billboard in town. “Everyone who came to Longview saw our positive message about the ILWU’s longtime commitment to the community,” said Local 21 Vice President Jake Whiteside.
Showdown looming
The stage was set for a showdown in early January 2012 when ILWU International President McEllrath announced that the ILWU would take action if EGT tried to load the ship that was expected soon in Longview. Community groups independently announced their own action plans for Longview, and President Barack Obama’s administration made the outrageous decision to employ the Coast Guard to “protect” EGT and escort the private corporation’s ship from the mouth of the Columbia River to the Port of Longview. Local law enforcement came to EGT’s aid as well and planned a large presence at the port for the ship’s arrival, a move they later passed off as a training exercise in the local newspaper.
Breakthrough on January 23
The first major breakthrough in the dispute with EGT came on January 23, when Washington State Governor Gregoire announced that a tentative settlement had been reached between EGT and ILWU representatives on the pending legal issues between the two parties. Her announcement followed months of difficult negotiations between the ILWU and EGT. EGT promptly released the subcontractor that it had hired to run its operation and as a consequence OE Local 701 workers ceased working at the facility.
Unanimous support for settlement
Members of Local 21 met in their union hall the day after the Governor’s announcement to discuss the proposed settlement with EGT. After extensive discussion, the Local 21 rank and file voted unanimously to approve the settlement.
Union recognition
On January 30 and 31, workers at EGT’s Longview facility signed union authorization cards indicating their choice to be represented by Local 21. On February 1, an arbitrator verified that the cards were authentic and that a majority of workers had chosen Local 21 as their collective bargaining representative.
EGT and ILWU representatives then signed a recognition agreement and committed to negotiate the details of a collective bargaining agreement for all landside and shipside operations in the days ahead.
The ship calls
On February 6, the bulk grain ship that had been escorted up the Columbia River by the Coast Guard was tied up and loaded at the EGT facility by Local 21 members. As the grain ship MV Full Sources docked at EGT, Local 21 Secretary Treasurer Byron Jacobs, who had been arrested several times during the demonstrations, told the local media, “We’re excited to be moving in the right direction and to do what we do best – loading and unloading ships.” There is no lingering animosity, he said, just “positive feelings. … We’re ready to move forward and mend our relationship.”
Contract signed
On February 10, Local 21 signed a collective bargaining agreement with EGT.
Looking ahead
The Pacific Northwest Grain Handlers’ Agreement – the collective bargaining agreement that the ILWU has negotiated for decades with the owners and operators of the six major grain export facilities in Seattle, Tacoma, and Vancouver, Washington, and in Portland, Oregon – will be up for renegotiation in less than a year. Meanwhile, changes in the global economy, including China’s growing consumption and Canada’s restructuring of the way it exports grain, mean that the grain export business will be lucrative for many years to come.
ILWU Coast Committeeman Sundet stated, “The ILWU contract with EGT is key to standardization of the grain export industry on the West Coast, particularly with respect to labor costs. This standardization brings stability for everyone from the farmer to the overseas importer, and it guarantees profit throughout the market chain.”
Final resolution
While the ILWU considers its contract with EGT an important milestone in ILWU history and for the labor movement in general, ILWU International President McEllrath is quick to remind people not to celebrate too soon or lose sight of the individuals who made the contract possible with the courage of protest. “Like I said and keep saying, I will not stand down until every person who stood up for the ILWU during this long and often bitter labor dispute is free from threat of criminal prosecution. That’s my job, and I’ll see it through whatever the outcome.”