National Labor Relations Board, Region 19 v. International Longshore and Warehouse Union et al

Filing 25

Temporary Restraining Order. Signed on 7/3/12 by Judge Michael H. Simon. (mja)

ANNE P. POMERANTZ, CA Bar 204059; NYBar 2398428
[e-mail]
MARA-LOUISE ANZALONE, NY Bar 2770592
[e-mail]
NATIONAL LABOR RELATIONS BOARD, Region 19
915 Second Avenue, Room 2948
Seattle, Washington 98174
Telephone: [phone]
Facsimile: [phone]
LISA J. DUNN, OR Bar 99254
[e-mail]
NATIONAL LABOR RELATIONS BOARD, Subregion 36
601 SW Second Avenue, Suite 1910
Portland, Oregon 97204
Telephone: [phone]
Facsimile: [phone]

Attorneys for Petitioner
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
RONALD K. HOOKS, Regional Director of the
Nineteenth Region of the National Labor Relations
Board, for and on behalf of the NATIONAL LABOR
RELATIONS BOARD,
Petitioner,

Case No.: 3:12-cv-01088-SI

REVISED_TEMPORARY

RESTRAI~

v.
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION, LOCAL 8,
Respondent,
and
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION, LOCAL 40,
Respondent,
and
INTERNATIONAL LONGSHORE AND
WAREHOUSE UNION
Respondent.

(PROPOSED) Temporary Restraining Order

Page 1

The Petition of Ronald K. Hooks ("Petitioner"), Regional Director for Region 19 of the National
Labor Relations Board (the "Board") for and on behalf of the Board, having been filed and properly served
on International Longshore and Warehouse Union Local 8, International Longshore and Warehouse Union
Local 40, and the International Longshore and Warehouse Union Uointly, "Respondents"), pursuant to
§10(1) of the National Labor Relations Act (the "Act"), as amended [29 U.S.C. § 160(1)], following the
issuance of the unfair labor practice complaint in Cases 19-CC-82533 and 19-CC-82744 against
Respondents, pending disposition before an Administrative Law Judge of the Board, and Petitioner having
filed a Motion for a Temporary Restraining Order pursuant to Fed. R. Civ. P. 65(b) pending the filing of a
petition for preliminary injunctive relief, the Petition being verified and supported by affidavits and exhibits;
and
IT APPEARING to the Court from the verified Petition, other pleadings, affidavits, exhibits,
argument of counsel, the hearing held before the Court on June 22, 2012, and the entire record in this
matter, that:
1.

There is reasonable cause to believe that Respondents are statutory labor organizations
t

within the meaning of § 2(5) of the Act [29 U.S.C. § 152(5)];
2.

••

.-

t

There is reasonable cause to believe that the Respondents, through their agents, have

engaged with an unlawful object, inter alia, in work slowdowns, stoppages, withholding of services, threats,
coercion and restraint of persons engaged in commerce, or in an industry affecting commerce;
3.

There is reasonable cause to believe that the above-described conduct of the

Respondents violates §§ 8(b)(4)(i) and (ii)(B) of the Act and that said unfair labor practices affect commerce
or an industry affecting commerce within the meaning of §§ 2(6) and (7) of the Act;
4.

There is imminent danger that, absent immediate temporary injunctive relief, substantial

and irreparable injury to the statutory rights of employees under the Act will be inflicted by the Respondents

(PROPOSED) Temporary Restraining Order

Page 2

until the petition for preliminary injunctive relief can be filed and heard, and that the final administrative
order of the Board will be frustrated or nullified if interim relief is not immediately granted; and
5.

It is appropriate and just and proper, within the meaning of § 10(1) of the Act and Fed. R.

Civ. P. 65(b) that, pending completion of the hearing before the Court on the merits of the Petition, and for
a period of ten (10) days from the entry of this Order, that the Respondents be temporarily enjoined and
restrained from the commission of further acts and misconduct in violation of the Act as described in the
Petition.
WHEREFORE, IT IS HEREBY ORDERED that Respondents International Longshore and

Warehouse Union Local 8, International Longshore and Warehouse Union Local 40, and the International
Longshore and Warehouse Union, their officers, agents, servants, employees, attorneys, and all members
and persons acting in concert or participation with them, for a period of ten (10) days' duration from the
date of this Order, as provided for in Rule 65(b) of the Federal Rules of Civil Procedure and pursuant to the
provisions of the Act, are
ENJOINED AND RESTRAINED from, in any manner or by any means, including engaging in

slowdowns, stoppages, withholding of services, or threatening, coercing or restraining ICTSI Oregon, Inc.,
or any other person engaged in commerce, or in an industry affecting commerce, where in any case an
object thereof is to force or require ICTSI Oregon, Inc., or any other person engaged in commerce, or in an
industry affecting commerce, to cease handling, using, selling, transporting, or otherwise dealing in the
products of, or to cease doing business with the Port of Portland, or any other person engaged in
commerce, or in an industry affecting commerce, or with each other.
IT IS FURTHER ORDERED that Respondents International Longshore and Warehouse Union

Local 8, International Longshore and Warehouse Union Local 40, and the International Longshore and
Warehouse Union shall, within three (3) days, provide to each of their officers, representative, employees,

(PROPOSED) Temporary Restraining Order

Page 3

agents and members involved with work performed at Terminal 6 a copy of this Order and a a clear written
directive to refrain from engaging in any conduct inconsistent with this Order;
IT IS FURTHER ORDERED that Respondents International Longshore and Warehouse Union

Local 8, International Longshore and Warehouse Union Local 40, and the International Longshore and
Warehouse Union shall, within three (3) days, provide to each entity listed in the table attached hereto as
Exhibit A, as well as the Pacific Maritime Association, a copy of this Order and written notice that
Respondents will comply with this Order and specifically will not engage in any conduct prohibited by §§
8(b)(4)(i) and (ii)(8) of the Act, including, but not limited to, engaging in slowdowns, stoppages, withholding
of services, or threatening, coercing or restraining ICTSI Oregon, Inc., or any other person engaged in
commerce, or in an industry affecting commerce, where in any case an object thereof is to force or require
ICTSI Oregon, Inc., or any other person engaged in commerce, or in an industry affecting commerce, to
cease handling, using, selling, transporting, or otherwise dealing in the products of, or to cease doing
business with the Port of Portland, or any other person engaged in commerce, or in an industry affecting
commerce, or with each other.
IT IS FURTHER ORDERED that Respondent International, Respondent Local 8, and Respondent

Local 40, within five (5) days of the issuance of this Order, shall each file with the District Court and serve a
copy upon the Petitioner, a sworn affidavit from a responsible official which describes with specificity how it
has complied with the terms of this Order.
IT IS FURTHER ORDERED that, to assure compliance with the Court's temporary restraining

order, the United States Marshals Service IS DIRECTED to take those actions deemed necessary to
enforce the provisions and prohibitions set forth in this Order. A copy of this Order shall be served upon
the United States Marshal for the District of Oregon.
IT IS FURTHER ORDERED that service of a copy of this Order be made forthwith by a United

States Marshal upon Respondents International Longshore and Warehouse Union Local 8, International

(PROPOSED) Temporary Restraining Order

Page 4

Longshore and Warehouse Union Local 40, and the International Longshore and Warehouse Union, in any
manner provided in the Federal Rules of Civil Procedure for the United States District Courts and that proof
of such service be filed with the Court.

IT IS SO ORDERED.

DATED at Portland, Oregon this

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3 ~ay ~2012.
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Presented by:

ANNE P. POMERANTZ
CA Bar 204059; NY Bar 2398428
MARA-LOUISE ANZALONE
NY Bar 2770592
Tel.
206-220-6300
LISA J. DUNN
OR Bar 99254
Tel.
503-326-3085
Attorneys for Petitioner
National Labor Relations Board

(PROPOSED) Temporary Restraining Order

Page 5

State of
Incorporation
Michigan

Place of Businessl
Residence
Portland, OR

Oregon

Sherwood, OR

Washington

Portland, OR

Washington

Aurora, OR

Idaho

Twin Falls, ID

Washington

Vancouver, WA

Oregon

Portland, OR

New Jersey

Charlotte, NC

Oregon

Portland, OR

Oregon

Portland, OR

Bulk Transportation Inc.
C.H. Robinson
Worldwide Inc.

California

Walnut, CA

Minnesota

Eden Prairie, MN

Calbag Metals Co.

Oregon

Portland, OR

Cascade Express
CGPS, Inc. d/b/a
Courtesy Trucking
Combined Transport,
Inc.
ConGlobal Industries,
Inc.
Cosco North America,
Inc.
Dawn Transportation
Inc.

Oregon

Salem, OR

Oregon

Portland, OR

Oregon

Central Point

Delaware

San Ramon, CA

Delaware

Secaucus, NJ

Washington

Battle Ground, WA

Eagle Systems, Inc.

Washington

Wenatchee, WA

Emmert Industrial Corp.

Oregon

Clackamas, OR

Name
"K" Line America, Inc.
Accelerated Delivery
Systems
Aladdin Transportation &
Warehousing, Inc.
Anderson Hay &Grain,
Inc.
Apex Containers Inc.
Atlantic &Pacific
Freightways, Inc.
Beaver Freight Services,
LLC
Bridge Terminal
Transport, Inc.
Bridgetown Trucking Inc.
BTS Container Service,
Inc.

Nature of Business
Shipping company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Trucking company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Shipping company
Container transportation
company
Container transportation
company
Container transportation
company

Exhibit A

OreQon

Vancouver, WA

WashinQton

Puyallup, WA

OreQon

Silverton, OR

Container transportation
company
Container transportation
company
Container transportation
company

New Jersey
New Jersey
(limited liability)

Morristown, NJ

Shipping company

Paramus, NJ

Shipping company

Delaware
Oregon

Wilmington, DE
Portland, OR

Imperial Trucking, Inc.
Independent Dispatch,
Inc.

Oregon

Portland, OR

Oregon corporation

Portland, OR

J & J Trucking, LLC

Washington

Vancouver, WA

Johnston Bros.

Oregon

Portland, OR

KBWT Inc.
Legends Logistics, Inc.
d/b/a Legends Logistics
& Transloading

Oregon

Vancouver, WA

Shipping company
Cargo handling company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company

Georgia

Albany, GA

Oregon

Bend, OR

Oregon

Portland, OR

Gilbertson Transport,
Inc.
Globe Pro Services, LLC
Golden Valley Farms,
LLC
Hamburg Sud North
America, Inc.
Hanjin Shipping
America, LLC
Hapag Lloyd America
Inc.
ICTSI

Les Schwab Tire
Market Transport, Ltd
d/b/a West Coast
Trucking
Mercer Transportation
Co., Inc.
Mitchell Bros. Truck
Line, Inc.

Indiana

Louisville, KY

Washington

Vancouver, WA

Morgan C.F.S., Inc.

Oregon

Portland, OR

Morgan Trucking Inc.
Northwest Container
Services, Inc.

Oregon

Prineville, OR

Oregon

The Woodlands, TX

Northwest Logistics, Inc.

Oregon

Oregon City, OR

Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company

Omega Morgan, Inc.
Portland Container
Repair Corporation

Oregon

Hillsboro, OR

Oregon

Portland, OR

Quality Trading Co., LLC
RoadLink USA Pacific,
LLC

Oregon

Aurora, OR

Delaware

Vancouver, WA

Santiam Transport, Inc.

Oregon

Portland, OR

Schnitzer Steel Co.
Oregon
Shippers Transport
Express, Inc.
California
Simon and Simon
Freight Trucking
(inactive)
Oregon
Smith Seed Services,
LLC
Oregon
Specialized Transport
Service LLC
Oregon
Strikwerda, Inc. d/b/a All
Parts Brokers
Idaho
T & G Trucking & Freight
Co.
Oregon

Portland, OR
Seattle, WA

Portland, OR
Halsey, OR
Portland, OR
Caldwell, 10
Portland, OR

T.R. Compton, Inc.

Idaho

Nampa, 10

Terminal Maintenance
Corporation ("TMC")

California

Portland, OR

Oregon

Portland, OR

Oregon

Milwaukie, OR

Washington

Vancouver, WA

Washington

Longview, WA

Washington

Washougal, WA

Washington

Vancouver, WA

Washington

Seattle, WA

Terminal Transfer, Inc.
Titan Freight System,
Inc.
Vancouver Warehouse
& Distribution Co., Inc.
Waste Control Recycling
Inc.
West Coast Multimodal,
Inc.
Western Container
Transport, Inc.
Western Ports
Transportation, Inc.

Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Freight forwarding company
Container transportation
company
Container transportation
company
Container Maintenance
Company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company

Westwood Shipping
Lines, Inc.

WashinQton

Puyallup, WA

ShlQQin~ com~an~

WashinQton

Federal Way, WA

com~any

OreQon

Dallas, OR

Container transportation
Weyerhaeuser Co.
Wilfong Farms Trucking,
LLC
Wilhelm Trucking
Company
Yang Ming America
Corporation

OreQon

Portland, OR

New York

Jersey City, NJ

Z P Transport, Inc.

Washington

Vancouver, WA

Container transportation
company
Container transportation
company
Shipping company
Container transportation
company