NEW YORK, June 11 /PRNewswire/ -- The International Longshoremen's
Association, AFL-CIO (ILA) and Evergreen America Corporation (EGA) reached
certain understandings embodied in a "memorandum of agreement" early this
morning (June 11, 2003) which contains essential terms demanded by the union
on behalf of the Port Captains and Engineer whom it represents, pursuant to an
The striking Port Captains will promptly be returned to their jobs and to
the work that they regularly performed will not be reduced, a charge that the
ILA alleges had occurred.
As a result of entering into this Memorandum of Agreement, the
International is discontinuing its picketing of the employer's operation.
The Agreement includes among other terms: provisions intended to assure
the integrity and stability of the current work unit, the preservation of the
unit work and jurisdiction, the company's cooperation in retaining its foreign
employees who are working in the U.S., and their right to grieve and arbitrate
their complaints. An important provision of the memorandum of agreement also
prevents Evergreen from relocating the Port Captains beyond a 25 miles radius
of the current Morristown, New Jersey office where they are housed. They will
be entitled to seniority and to improvements in their wages and other terms
and conditions of work which the parties intend to include in a three-year or
longer agreement to be negotiated over the course of the next fourteen working
days. It was agreed that issues outstanding between the parties after the
fourteen days will be submitted to binding arbitration for early resolution.
For the first time, the unionized employees will have input into the
employer's hiring process. Until now, Evergreen was entirely at liberty in
selecting, transferring and otherwise dealing with the terms and conditions of
its employees. This was a key provision that the ILA won and was at the heart
of the agreement.
The contract will include language to assure the ILA that Evergreen will
not engage in tactics designed to divert unit work to other vessels it owns or
The Memorandum of Agreement stipulates that Evergreen and its affiliates
will immediately withdraw all pending unfair labor practice charges before the
NLRB as well as pending court actions seeking damages or other relief related
to the underlying dispute. Evergreen's Appeal of the Board's determination
that the Port Captains and Engineer are employees entitled to representation
rather than exempt managers remains in place.
Evergreen was prompted to go to the bargaining table as directed by the
Board in April when it faced the prospect of having its unfair labor practice
charges against the ILA and its locals at East Coast ports be dismissed if not
withdrawn. The NLRB's General Counsel evidently concluded yesterday that the
International's job action was properly conducted in accordance with current
SOURCE International Longshoremen's Association, AFL-CIO