National Labor Relations Board, Region 19 v. International Longshore and Warehouse Union et al, No. 3:2012cv01088 - Document 50 (D. Or. 2012)
Court Description: Revised Order Granting Preliminary Injunction 10 . Signed on 7/19/12 by Judge Michael H. Simon. (mja)
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National Labor Relations Board, Region 19 v. International Longshore and Warehouse Union et al Doc. 50 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 Dockets.Justia.com 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 Page 2 ORDER GRANTING PRELIMINARY INJUNCTION 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 Warehouse Union shall, within .r.-.,e. ,§ rvttU 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 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. HONORABLE MICHAEL H. SIMON UNITED STATES DISTRICT JUDGE REVISED (7 Page 4 !If 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 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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