International Longshoremen's Association, AFL-CIO and Evergreen Reach Memorandum of Agreement to End Month Long Dispute

Jun 11, 2003, 01:00 ET from International Longshoremen's Association, AFL-CIO

    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
 NLRB certification.
     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
 Board law.

SOURCE International Longshoremen's Association, AFL-CIO