Wednesday, June 13, 2012

Port of Portland longshore dispute backs up cargo across the Northwest



Published: Tuesday, June 12, 2012, 6:54 PM     Updated: Tuesday, June 12, 2012, 10:10 PM





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 Call it reefer madness. Two unions disputing, essentially, who gets to plug in the fridge have backed up trucks for more than a mile at the Port of Portland at times during the last two weeks.
 
The argument over plugging in "reefers," or refrigerated shipping containers, pits longshoremen against electrical workers, backing up millions of dollars worth of cargo around the Northwest.
 
At least one foreign container ship skipped Portland as a result, misdirecting imports and stranding exports. Some perishable products sent to the Port of Portland's Terminal 6for shipping might stink by the time they reach foreign ports.
 
No relief is in sight until the National Labor Relations Board rules on the case, which could come as soon as this week.
 
"The bottom line on imported goods is that when you and I go to the store to pay for something, we pay more because the cost became greater," said Bob Coleman, president of the Columbia River Customs Brokers & Forwarders Association.
 
Coleman suspects that the dispute at least partly results from the Port of Portland's appointment last year of an outside company to operate its container terminal on North Marine Drive. ICTSI Oregon Inc., a subsidiary of a company in the Philippines, has a 25-year lease to operate the terminal, which the Port used to run.
 
"They're having a difficult time adjusting to the U.S. labor unions and trying to work with them," said Coleman, Portland-based director of business development at Allports Inc., a freight forwarder.
 
But Coleman added that disputes over labor jurisdiction at T-6, as the terminal is called, have festered for years.
 
Elvis Ganda, ICTSI Oregon's chief executive, declined to comment Tuesday. Bob Carroll, business representative at Local 48 of the International Brotherhood of Electrical Workers, also declined to comment.
 
But Local 8 of the International Longshore and Warehouse Union, whose representatives won't talk, has plenty to say in a written statement. The longshore union contends that its agreement with the Pacific Maritime Association, which negotiates labor agreements, gives the Portland reefer work to longshoremen.
 
A local arbitrator has issued a number of rulings on the case. Longshoremen say the arbitrator took their side. Others say the arbitrator found the longshoremen guilty of illegal work stoppages.
 
Port of Portland managers have filed an unfair-labor-practice charge with the federal labor-relations board, faulting longshoremen for costly delays. Port officials said electrical workers have historically plugged in, unplugged and monitored refrigerated containers at Terminal 6.
 
The ICTSI lease agreement continues to give the work to electrical workers, according to the Port. But longshoremen are driving slowly on the job, dispatching unqualified workers to T-6 and using other delay tactics, managers said.
 
The longshore union's statement countered by accusing the Port of "interjecting itself into this private dispute, including mischaracterizing the facts." ICTSI is ignoring its obligations to the longshoremen and the maritime association, the statement said.
 
As the statements fly, truck drivers fume on North Marine Drive. Waits of as much as six hours at the terminal gate cause freight forwarders to reroute cargo to the Port of Tacoma and other West Coast ports.
 
These ports are the apparent winners so far in the dispute.
 
 
 
 

Tuesday, June 12, 2012

Deborah Collins vs. APM Terminals (ALJ Clark)

Administrative Law Judge Clark declines to grant 5th continuance based upon new exacerbation of the injury and, instead, remands the claim to the District Director

Click here for Decision


Excerpt:

Based upon the information provided by Claimant, and considering the information in the
opposition, there is insufficient information to find good cause or an extreme hardship to
continue the matter.

Nevertheless, what is apparent from the moving papers and the procedural history of this
matter is that it is not currently ready for trial and there is no persuasive evidence that it will be
ready for trial in the near future. Claimant has had little contact with her attorney in the past few
months, which has impeded her attorney’s ability to prepare for trial, and she is continuing to
have ongoing medical care in an attempt to establish a psychological or physical diagnosis and
treatment plan. This matter has been pending for almost 16 months with no realistic time frame
for when it will be ready for hearing. Even though the parties are not requesting a remand, given
the discussion above, good cause is found to remand the matter to the District Director.

APM Terminals angling to operate Virginia ports

APM Terminals angling to operate Virginia ports


May 24, 2012|By Michael Welles Shapiro, mwshapiro@dailypress.com | 757-247-4744
A unit of Danish shipping conglomerate Maersk is proposing to take over operations of the Port of Virginia's cargo terminals as part of a deal that could be worth billions of dollars for the state over the next 48 years.

APM Terminals Inc. President Eric Sisco on Wednesday said his company's unsolicited proposal to buy operating rights for the terminals for the next 48 years is part of an expansion strategy. The proposal was reviewed privately on Tuesday by the Virginia Port Authority board. ... more ...  

Friday, June 8, 2012

Cummings Introduces Legislation to Reform Defense Base Act Insurance Program

Cummings Introduces Legislation to Reform Defense Base Act Insurance Program


Washington, DC (June 6, 2012) —Rep. Elijah E. Cummings, Ranking Member of the House Oversight and Government Reform Committee, introduced legislation today that would save taxpayers huge sums of money by transitioning the existing workers’ compensation insurance system for overseas government contractors away from private sector insurance companies to a federal self-insurance program.
“There is absolutely no reason American taxpayers should be lining the pockets of private insurance companies,” said Cummings.  “This bill would save billions of dollars while improving the ability of contractor employees who risk their lives in war zones to obtain the medical care and support they deserve.”
According to a 2009 Pentagon study, Congress could save as much as $250 million a year by transitioning the existing Defense Base Act (DBA) insurance program to a government self-insurance program.  The study found:  “In the long run, the self-insurance alternative may have the greatest potential for minimizing DBA insurance costs, and it has several administrative and compliance advantages as well.”  ... more ...

Thursday, June 7, 2012

Texas Jones Act Defendant asserts captain who fainted and hit head already received compensation


Defendant asserts captain who fainted and hit head already received compensation
6/7/2012 4:36 PM By David Yates 

ateri
Defendant C.B.H. Services is asserting a former ship captain does not have a right o recover damages under the Jones Act and has already received compensation for his alleged injury.

As previously reported, Christopher Burnette filed suit against C.B.H. on June 15, 2011, in Jefferson County District Court, alleging the company should have supervised him when he fainted, fell and hit his head.

Court records show that on April 26, C.B.H. filed an objection to venue and special pleas, requesting that the case be dismissed.
"Defendant CBH also filed a plea to the jurisdiction and plea in abatement to this action in that the plaintiff received benefits for this alleged incident under the Longshoremen's and Harbor Workers' Compensation Act and therefore this claim is not proper ... and the court lacks jurisdiction over this claim and the suit should be dismissed," the objection states.  ... more ...

DeJesus vs. Viking Yacht Co, et als.


Luis E. DeJesus vs. Viking Yacht Company, Inc. & American Risk Svcs and Seabright Insurance Equity 



In claims for continuing aggravation/exacerbation of knee injury, ALJ Mosser decides which carrier will be responsible for each knee.

Excerpt

The Benefits Review Board (Board) held as early as 1997 that the Section 20(a)
presumption has no role in determining the correct responsible operator/carrier in cases involving
traumatic injuries. Buchanan v. Int’l Transp. Servs., 31 BRBS 81 (1997). It explained that “[§]
20(a) presumption aids a claimant in establishing the compensability of his claim, and does not
apply to the issue of responsible employer.” Buchanan, 31 BRBS at 84, citing Lins v. Ingalls
Shipbuilding, Inc., 26 BRBS 62, 65 (1992); Susoeff v. San Francisco Stevedoring Co., 19 BRBS
149, 151 n. 2 (1986). See also Marinette Marine Corp. v. Dir., OWCP, 431 F.3d 1032, 39 BRBS
82(CRT) (7th Cir. 2005). In more recent cases, the Board also has restated its position that the
Section 20(a) presumption is not applicable to proving the responsible operator/carrier in cases
involving traumatic injuries. See Palmer v. Marine Terminals Corp., et al., BRB Nos. 10-0650,
10-0650A (Sept. 30, 2011) (unpub.); Miller v. Ceres Marine Terminals, Inc., et al., BRB Nos.
11-0227 and 11-0279 (Dec. 9, 2011). In factual situations, like the one involved in these cases,
where there is a finding that the claimant sustained a work-related injury (e.g., with the initial
employer), the Board has held that such a finding resolves the issue of compensability, leaving
only the issue of liability to be decided, with each employer bearing the burden of proof. See,
e.g., Oberts v. McDonnell Douglas Servs., et al., BRB No.05-0445 (2006) (unpub.); see also
Avant v. Nat. Steel and Shipbuilding Co., et al., BRB No. 03-0414 (Mar. 8, 2004) (unpub);
Holmes v. Worldwide Labor Support, Inc., et al., BRB No. 04-0914 (Aug. 24, 2005) (unpub);
Ramey v. Jones Stevedoring Co., et al., BRB Nos. 05-0578 and 05-0578A (Mar. 30, 2006)
(unpub.). Thus, I find that the Section 20(a) presumption should not be applied in these cases to
determine whether American Equity or Seabright is liable for the continuing disability and
medical treatment of the claimant’s knees. Instead, I find that each carrier bears the burden to
prove it is not liable.