AFL-CIO denies MEBA's appeal of adverse finding in Article XX case centered on Interlake tug-barge

AFL-CIO denies MEBA's appeal of adverse finding in Article XX case centered on Interlake tug-barge

Umpire had determined that AMO had jurisdiction as officers' sole bargaining agent

The Marine Engineers' Beneficial Association Jan. 3 lost another significant round in its jurisdictional dispute with American Maritime Officers over the Great Lakes tug-barge unit Dorothy Ann-Pathfinder.

The dramatic setback for MEBA occurred when an American Federation of Labor-Congress of Industrial Organizations executive council subcommittee denied the union's appeal of an impartial umpire's finding in November 2006 that MEBA had violated federation rules when it claimed to represent the licensed officers aboard the Dorothy Ann-Pathfinder in March 2006. The tug-barge officers were represented at the time by AMO.

"In accordance with Section 12 of Article XX of the AFL-CIO Constitution, the subcommittee of the AFL-CIO executive council ... conducted a hearing on the appeal of the Marine Engineers' Beneficial Association from the determination of the impartial umpire," AFL-CIO President John Sweeney said in his notice to the parties in the dispute. "Representatives of the organizations involved were afforded a full opportunity to present their views at this hearing.

"After careful consideration, the subcommittee has disallowed this appeal," Sweeney continued. "The subcommittee recognizes the complex and often adversarial history between MEBA and Seafarers' AMO affiliate, but concludes that the facts relevant to this case do not warrant reversal of the impartial umpire's determination or referral of this case to the full appeals committee." AMO is an affiliate of the Seafarers International Union of North America, which filed the Article XX complaint against MEBA with the labor federation on behalf of AMO.

"The determination of the impartial umpire will go into full force and effect as provided in Section 13(a) of Article XX," Sweeney said. "(MEBA) President (Ron) Davis shall advise me, within 14 days of receipt of this letter, what steps your organization (MEBA) intends to take to comply with the determination."

Under Article XX of the AFL-CIO Constitution, one affiliated union cannot encroach upon the established jurisdiction of another affiliated union. A violation can result in penalties and surrendered claim to jurisdiction by the offending union.

In his seven-page decision, umpire Howard Lesnick said MEBA had "unquestionably displaced AMO" as the exclusive collective bargaining representative of the licensed personnel on the tug-barge.

Lesnick also cited "credible" evidence of collusion between MEBA and Interlake Steamship Co., the owner and now the operator of the Dorothy Ann-Pathfinder. He said the collusive "pattern" that led to the still-controversial 10-year contract between Interlake and MEBA in July 2003 "was repeated three years later in relation to the Dorothy Ann."

The 2003 Interlake-MEBA contract covered the engineers and mates aboard the company's seven self-propelled, self-unloading Great Lakes bulk carriers. The contract was signed in secrecy at the upper Michigan home of Interlake chairman and principal owner James Barker while a valid collective bargaining agreement between AMO and Interlake was still in effect.

The Dorothy Ann-Pathfinder dispute arose on March 8, 2006, when AMO was notified by Interlake Steamship Co. that the Interlake subsidiary operating the tug-barge, Interlake Transportation Inc., had been dissolved. The Dorothy Ann-Pathfinder was now "owned and operated directly" by Interlake Steamship Co., Interlake said in its letter to AMO.

But Lesnick noted that, on the opening day of the 2006 Great Lakes shipping season, "MEBA representatives boarded the vessel and advised the officers that they were now MEBA-represented and required to join it (MEBA) as a condition of continued employment."

In its Article XX complaint, the SIUNA said AMO's jurisdiction survived the "accretion" of the Dorothy Ann-Pathfinder from Interlake Transportation Inc. to Interlake Steamship Co., and Lesnick agreed.

Interlake Transportation Inc. was dissolved by its parent company only to bring the Dorothy Ann-Pathfinder within the scope of the Interlake-MEBA contract covering the seven self-propelled bulk carriers, Lesnick said. There was "no actual break in service" by the vessel, and "the same employees -- provided that they accepted MEBA representation and membership -- are doing the same work," he added.

The Seafarers International Union of North America noted in its Article XX filing that "senior management" of Interlake Transportation Inc. and Interlake Steamship Co. were identical.

Again, Lesnick agreed. He pointed out that "the same official" signed both the Interlake Steamship Co. letter to AMO in March 2006 and the collective bargaining agreement between Interlake Transportation Inc. and American Maritime Officers "in anticipation of the 2006 sailing season."

Lesnick said the SIUNA's position "more accurately reflects the economic realities." MEBA's assertion that the Dorothy Ann-Pathfinder had "accreted" to the Interlake Steamship Co. fleet had "a number of relevant infirmities," he added. "The MEBA-Interlake Steamship Co. agreement was of recent duration ... and there was no evidence of previous application of its accretion provision."

The "applicability" of the Interlake-MEBA bulk carrier contract to the Dorothy Ann-Pathfinder "turns on the question of whether the Dorothy Ann was 'subject to the terms of an existing collective bargaining agreement,'" Lesnick continued. "And while the AMO agreement literally had expired, it apparently would have been deemed remaining in force pending renewal negotiations for the 2006 sailing season had Interlake Steamship Co. not decided to take the vessel over, the significance of which is the very point in controversy."

The transfer of the Dorothy Ann-Pathfinder from Interlake Transportation Inc. to Interlake Steamship Co. had not been anticipated "in part because the manning and licensing requirements of the Dorothy Ann differ from those of the larger MEBA unit," Lesnick pointed out. "Existing wages and other conditions were not made applicable, but are subject to a 'meet and negotiate' proviso in the MEBA agreement."

Leskin said the "protected relationship" of AMO as an affiliate of the SIUNA "survived the change in ownership" of the Dorothy Ann." Evidence "established organizational activity by MEBA, and there is no dispute that both Interlake Steamship Co. and MEBA agreed on recognition of MEBA as the employees' representative."

Leskin also upheld the November 2003 affiliation agreement between American Maritime Officers and the Seafarers International Union of North America. The SIUNA had issued a valid charter to AMO, AMO has since paid per-capita fees to the SIUNA, and AMO has full SIUNA convention voting rights under the SIUNA Constitution, he said.

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