Longshore Protesters Demonstrate on Both Land and Water Against Grain Lockout

As the Oregonian recently reported, the Coast Guard has recently become involved in managing safety in a lockout where protests are occurring both on land and on boats in the Columbia and Willamette rivers. This labor dispute is between longshore workers, who load and unload ships at the dock, and the grain companies Columbia Grain Inc. in Portland and United Grain Corp. in Vancouver. The grain companies have locked out their longshore workers from the grain terminals in Portland and Vancouver, claiming that the survival of their businesses is threatened by union perks, featherbedding, and slowdowns that cost them millions of dollars per year. On their part, the leaders from the International Longshore and Warehouse Union argue that the Japanese conglomerates that own Columbia Grain and United Grain are unfairly putting the squeeze on longshore workers.

The longshore workers are walking picket lines on land – in front of Columbia Grain’s access road at the Port of Portland and United Grain’s gate at the Vancouver port – which has led to some skirmishes that have required police involvement. A protester, accused of vandalizing vehicles and harassing a security officer, was arrested twice in May. In addition, according to union officials, a tractor-trailer truck that was crossing the picket line went into a crowd of about one dozen picketers, knocking one down and subjecting him to minor injuries.

The more unusual protests, however, are happening on the river. The companies are still using river pilots – who are required by Oregon state law to report for duty, no matter what labor conflicts might be occurring – to steer boats to and from the dock. However, the pilots, as well as the non-union dock workers and non-local tugboat operators (the local ones are union crews that honor the picket lines) are at the center of the protests; the picketing longshore workers consider them ‘scabs’ and have surrounded them in protest, sometimes coming out on small boats to demonstrate. In at least one case, some unknown protesters quietly dumped a pile of fish heads into a pilots launch. Union officials note claim that the protesters have not threatened the pilots, but have only sought to point out that pilots and longshore workers are both laborers who need to feed their families.

As a result of the waterborne demonstrations, the Coast Guard in the area has had to set exclusion zones around the grain ships, terminals, and any support vehicles (such as tugboats). Boaters are required to stay at least 200 yards astern and abeam of grain ships, and 500 yards away from a grain ship’s bow, how long it takes to turn or move such vessels. Boats must also stay at least 50 yards from the sterns and sides of the tugboats, and 100 yards from their bows. Individuals who violate these rules can be subject to $500 fines.

The Coast Guard has the unusual task of helping to protect both the companies’ right to trade as well as the protest rights of the longshore workers, and the safety of all involved. While this labor dispute continues, it shows how important it is for all employees to have the right to peacefully protest as well as to go about the work they are required to do by law.

If you or someone you know is involved in a labor dispute with your employer, and you need representation, please contact one of our experienced attorneys to help you pursue your case.

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Daniel Kalish

A graduate of Harvard College and Yale Law School, Mr. Kalish is an experienced trial lawyer who has tried more than thirty trials to jury verdict. Mr. Kalish’s practice focuses on complex trial work, and he represents employees in all aspects of employment litigation.

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