ILWU International President James Spinosa said Friday that his union has no problems with change, but that it expects to be included in whatever changes are made. So far, he says, all the Pacific Maritime Association has offered is some kind of “buyout agreement” that would give union work to outsiders. Spinosa said looking at the way technology is going to change the waterfront and negotiating a new contract are two different things and should be divided one from another. PMA President Joe Miniace has called for management and union to begin early negotiations this year on a new contract, but Spinosa, talking to reporters after his speech, said the union is not interested. “The worst thing we could do is enter into negotiations when we are not ready. The next year should be spent talking to all the parties and finding out where the industry is going,” he said. (1/15/01)
Joe Miniace, contacted in San Francisco following Spinosa’s appearance, said he was disappointed to hear that Spinosa was rejecting the idea of early negotiations. He also said the idea of putting technology issues and the contract on two separate tracks doesn’t make sense. “When you start talking about jobs and the changing of jobs, and what each job is value-wise, where people are going to be going - that in fact is the contract. . To say let’s talk about technology, but not really the contract, is not logical. ” Miniace said if union and management really want to address the technology issues, they will have to negotiate early since there is not enough time during the traditional negotiating period to cover the issues thoroughly. The PMA’s recommendations for a new agreement on technology was presented to the union on Dec. 19. Text of PMA Memorandum (10/15/01) (which follows. . . )
December 19, 2000
It is recognized and agreed by the ILWU and the PMA that the rate of technological change has resulted in a need for the parties to the PCCCD, PCLCD, PCWB&FA to negotiate a Memorandum of Agreement that will allow for the efficient movement of freight and the information needed to move cargo through the gate, within the yard and to and from ships and rail cars where such rail cars are being loaded/discharged at the “on dock” rail facility, while protecting the work opportunity of existing registered workers.
It is further recognized and agreed that technological change is dynamic in nature and that this agreement shall not in any manner restrict or prevent future introduction of technological advances.
1. The provisions for the introduction of technology require that the ILWU-PMA Agreements and Local Agreements shall be revised and amended to eliminate restrictions in the Contract, Dispatching Rules, and Working Rules, as well as unwritten but existing restrictions and Arbitrations Awards that interfere with the Employers’ right to implement new technology, or require unnecessary or redundant work to be performed by marine clerks or other ILWU members so as to allow the Employers to:
a) operate safely and efficiently;
b) change methods of work and allow for free-flow of data;
c) assign work to the most logical person irrespective of job classification;
d) utilize new technology in gate, yard, ship and rail operations;
e) develop a higher skilled workforce with improved reliability through continuity of employment.
2. It is the intent of this Document that the Contract, Working, and Dispatching Rules, or Arbitrators’ Awards shall not be construed to require the hiring of unnecessary individuals or the performance of tasks made redundant through automation. The question of whether or not individuals are necessary shall be based on a determination of the number required to perform an operation in accordance with the provisions of paragraph (1). Such determination shall take into account the contractual provisions for relief, the fact that during many operations all individuals will not be working at all times due to the cycle of the operation, but this shall not be construed to sanction such practices as four-on/four-off or variations thereof. *
3. The Employer may seek through the provisions of the grievance machinery to change only those Contract provisions, Working and Dispatching Rules that are in conflict with the provisions and intent of this Document. Where changes are agreed upon at the Coast Committee level, they shall go into effect. Where changes remain in dispute, they shall be resolved by the grievance machinery. *
In recognition of the impact that this Agreement will have on the ILWU membership, PMA would agree:
1) The Employers will guarantee all currently registered workers covered under the PCL&CA and the PCWB&FA an opportunity to work.
2) The Employers will provide training to registered ILWU clerks, foremen and longshoremen to successfully utilize the technology as it is introduced into the Industry.
3) The Employers and the Union will develop a 401(K) based program that will allow registered clerks and longshoremen to share in the economic benefits associated with the introduction and continued use of new technology-based work rules and processes.
4) The Patrics will review and adjust skilled rates as necessary for jobs which require increased skills due to the introduction of new technology.
5) The Employers will agree to develop additional retirement benefits should it be necessary to offer early retirement to registered longshore workers.
6) The Employers are committed to the preservation of ILWU jurisdiction within the current scope of the Agreements where such jurisdiction does not prevent the implementation of new technology.
*Direct from the M & M Agreement
