National Labor Relations Board, Region 19 v. International Longshore and Warehouse Union et al
Filing
50
Revised Order Granting Preliminary Injunction 10 . Signed on 7/19/12 by Judge Michael H. Simon. (mja)
ANNE P. POMERANTZ, CA Bar 204059; NY Bar 2398428
anne.pomerantz@nlrb.gov
MARA-LOUISE ANZALONE, NY Bar 2770592
mara-Iouise.anzalone@nlrb.gov
NATIONAL LABOR RELATIONS BOARD, Region 19
915 Second Avenue, Room 2948
Seattle, Washington 98174
Telephone: (206) 220-6300
Facsimile: (206) 220-6305
LISA J. DUNN, OR Bar 99254
lisa.dunn@nlrb.gov
NATIONAL LABOR RELATIONS BOARD, Subregion 36
601 SW Second Avenue, Suite 1910
Portland, Oregon 97204
Telephone: (503) 326-3085
Facsimile: (503) 326-5387
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-1088-SI
REVISED ~&
2 31 ORDER GRANTING
PRELIMINARY INJUNCTION
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.
REVISED .
Page 1
, ORDER GRANTING PRELIMINARY INJUNCTION
REVISED ,D- -- II!9!) ORDER GRANTING PRELIMINARY INJUNCTION
This cause came on to be heard upon the verified petition of Ronald K. Hooks ("Petitioner"),
Regional Director of Region 19 of the National Labor Relations Board (the "Board"), for and on behalf of the
Board, for a preliminary injunction 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-CC82533 and 19-CC-82744 against International Longshore and Warehouse Union Local 8, International
Longshore and Warehouse Union Local 40, and the International Longshore and Warehouse Union Uointly,
"Respondents"), currently pending hearing before an Administrative Law Judge of the Board, and upon the
issuance of an Order to Show Cause why injunctive relief should not be granted as prayed in said Petition.
This Court, after an open hearing at which all parties had opportunity to be represented by counsel, upon
consideration of the pleadings, evidence, briefs, arguments of counsel and the entire record in this case,
has made and filed its Findings of Fact and Conclusions of Law, finding and concluding that there is
reasonable cause to believe that Respondents have engaged in, and are engaging in, acts and conduct in
violation of 29 U.S.C. §§ 158 (b)(4)(i) and (ii)(B) and affecting commerce within the meaning of 29 U.S.C.
§§ 152(6) and (7), and that such acts and conduct will likely be repeated or continued unless enjoined.
NOW THEREFORE, upon the entire record, it is
ORDERED, ADJUSTED and DECREED that, pending the final adjudication by the Board of the
pending administrative proceedings involved herein, 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, affiliated Locals, attorneys
and all members and persons acting in concert or participation with them be, and they hereby are,
REVISED fi R .Ii ~ ORDER GRANTING PRELIMINARY INJUNCTION
( 8~
.e;e )
Page 2
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
';.-.te£. ~ tiS
Warehouse Union shall, within tIiMIee If) days, provide to each of their officers, representatives, employees,
agents, affiliated locals, and members involved with work performed at Terminal 6 a copy of this Order and
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
.r.-.,e. ,§ rvttU
Warehouse Union shall, within ~
fI)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)(B) 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
REVISED (P ~ S
Page 3
: 9) ORDER GRANTING PRELIMINARY INJUNCTION
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, 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 preliminary injunction, 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.
States Marshal u on Responden
International L ngshore and War. house Union L al 8, Inter lional
manner ovided in the Fe eral Rules of C' II Procedure for
of s
IT IS SO ORDERED.
/lAI~;Q'2:2
HONORABLE MICHAEL H. SIMON
UNITED STATES DISTRICT JUDGE
REVISED (7
Page 4
!If
i~
ORDER GRANTING PRELIMINARY INJUNCTION
Presented by:
/s/ Anne P. Pomerantz
/s/ Mara-Louise Anzalone
/s/ Lisa J. Dunn
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
REVISED ~WII!I?•
Page 5
__ ) ORDER GRANTING PRELIMINARY INJUNCTION
State of
Incorporation
Name
Accelerated Delivery
Systems
Oregon
Aladdin Transportation &
Warehousing, Inc.
Washington
Anderson Hay &Grain,
Inc.
Washington
Apex Containers Inc.
Atlantic &Pacific
Freightways, Inc.
Beaver Freight Services,
LLC
Bridge Terminal
Transport, Inc.
Place of Businessl
Residence
Sherwood, OR
Portland, OR
Aurora, OR
Idaho
Twin Falls, 10
Washington
Vancouver, WA
OreQon
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.
ConGloballndustries,
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.
Gilbertson Transport,
Inc.
Oregon
Clackamas, OR
Oregon
Vancouver, WA
Globe Pro Services, LLC
Washington
Puyallup, WA
Bridgetown Trucking Inc.
BTS Container Service,
Inc.
Nature of Business
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
Container transportation
company
Container transportation
company
Exhibit A
Page 1 of4
Golden Valley Farms,
LLC
Hamburg Sud North
America, Inc.
Hanjin Shipping
America, LLC
Hapag Lloyd America
Inc.
ICTSI
Oregon
Silverton, OR
Container transportation
company
New Jersey
New Jersey
(limited liability)
Morristown, NJ
Shipping company
Paramus, NJ
Shipping company
Delaware
Oregon
Wilmington, DE
Portland, OR
Shipping company
Cargo handling company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Shipping company
Container transportation
company
Imperial Trucking, Inc.
Independent Dispatch,
Inc.
Oregon
Portland, OR
OreQon corporation
Portland, OR
J & J TruckinQ, LLC
WashinQton
Vancouver, WA
Johnston Bros.
"K" Line America, Inc.
Oregon
MichiQan
Portland, OR
Portland, OR
KBWT Inc.
Legends Logistics, Inc.
d/b/a Legends Logistics
& Transloading
OreQon
Vancouver, WA
Georgia
Albany, GA
Oregon
Bend, OR
Les Schwab Tire
Market Transport, Ltd
d/b/a West Coast
Trucking
Mercer Transportation
Co., Inc.
Mitchell Bros. Truck
Line, Inc.
Oregon
Portland, OR
Indiana
Louisville, KY
WashinQton
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
Omega Morgan, Inc.
Portland Container
Repair Corporation
Oregon
Hillsboro, OR
Oregon
Portland, OR
Quality Trading Co., LLC
Oregon
Aurora, 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
Container transportation
company
Container transportation
company
Container transportation
company
Exhibit A
Page 2 of 4
RoadLink USA Pacific,
LLC
Delaware
Vancouver, WA
Santi am Transport, Inc.
Oregon
Portland, OR
Schnitzer Steel Co.
Oregon
Shippers Transport
Express, Inc.
California
Simon and Simon
Freight Trucking
(inactive)
OreQon
Smith Seed Services,
LLC
OreQon
Specialized Transport
Service LLC
OreQon
Strikwerda, Inc. d/b/a All
Parts Brokers
Idaho
T &G Trucking &Freight
Co.
Oregon
T.R. Compton, Inc.
Terminal Maintenance
Corporation ("TMC")
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.
Westwood Shipping
Lines, Inc.
Portland, OR
Seattle, WA
Portland, OR
Halsey, OR
Portland, OR
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Container transportation
company
Idaho
Nampa, 10
California
Portland, OR
Oregon
Portland, OR
Oregon
Milwaukie, OR
Washington
Vancouver, WA
WashinQton
LonQview, WA
WashinQton
WashouQal, WA
WashinQton
Vancouver, WA
Washington
Seattle, WA
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
Washington
Puyallup, WA
Shipping company
Caldwell, 10
Portland, OR
Exhibit A
Page 3 of 4
Weyerhaeuser Co.
Wilfong Farms Trucking,
LLC
Wilhelm Trucking
Company
Yang Ming America
Corporation
Washington
Federal Way, WA
Oregon
Dallas, OR
Oregon
Portland, OR
New York
Jersey City, NJ
Z P Transport, Inc.
Washington
Vancouver, WA
Container transportation
company
Container transportation
company
Container transportation
company
Shipping company
Container transportation
company
Exhibit A
Page 4 of 4
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