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House of Labor penalizes rival union for violating AFL-CIO Constitution on Interlake tug-barge
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The AFL-CIO May 3 imposed sanctions on the Marine Engineers' Beneficial Association for refusing to withdraw its claim of representing seven mariners aboard the Interlake tug-barge Dorothy Ann/Pathfinder.
MEBA violated Article XX of the AFL-CIO Constitution when it claimed to represent the officers and stewards working aboard the vessel, despite the fact that American Maritime Officers was their exclusive collective bargaining agent. Under Article XX, one AFL-CIO affiliated union cannot encroach upon the established jurisdiction of another affiliated union. The AFL-CIO had directed MEBA to cease representation of mariners on the Dorothy-Ann/Pathfinder by April 16. In a letter dated May 3, AFL-CIO President John Sweeney informed MEBA President Ron Davis his union was no longer eligible for protection under Article XX of the AFL-CIO Constitution and that the Federation will "supply every appropriate assistance and aid to any organization resisting the action determined to be in violation of this article." The sanctions will remain in effect until the Article XX violation is "remedied or excused," according to the letter. "As the chips fall in our ongoing struggle with Interlake Steamship and MEBA, AMO's position is validated at every step of the way," said AMO National Executive Vice President Dan Smith. "Now, MEBA has lost its reputation in the House of Labor and any hope of support for its collusive conduct with the company. "The process of obtaining justice for the officers and stewards in the Interlake fleet and securing a remedy for the conditions forced upon them is long and involved," Smith said. "AMO will stay in this fight for as long as it takes and I'm confident we will prevail." Separately, the AFL-CIO scheduled a hearing for May 30 to address the charge that MEBA violated Article XX again by manning the Great Lakes vessel M/V Stewart J. Cort, operated by Interlake Leasing III, Inc. MEBA was charged with this second Article XX violation in a complaint filed on behalf of AMO by the Seafarers International Union of North America. AMO is affiliated with the SIUNA and received a charter from the SIUNA, securing recognition from the AFL-CIO as a result of the affiliation. In his letter regarding the Dorothy Ann/Pathfinder, Sweeney noted that an impartial umpire determined MEBA violated Article XX and an AFL-CIO Executive Council subcommittee had disallowed MEBA's appeal of the decision. Under the sanctions, MEBA will be subject to the following provisions of Article XX of the AFL-CIO Constitution:
Interlake officials brought union representatives from MEBA onto the Dorothy Ann/Pathfinder. The MEBA representatives advised the AMO officers that they were required to join MEBA as a condition of continued employment, according to the report of Howard Lesnick, the impartial umpire who considered the Article XX complaint for the AFL-CIO. Lesnick determined that MEBA had violated Article XX of the AFL-CIO Constitution and had "unquestionably displaced AMO" as the exclusive collective bargaining representative of the officers aboard the vessel. Interlake Transportation Inc. was dissolved by its parent company only to "accrete the Dorothy Ann into MEBA recognition," 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." Lesnick noted "credible" evidence of collusion between MEBA and Interlake Steamship Co. He said the collusive pattern that led to a 10-year contract between MEBA and Interlake in July 2003 "was repeated three years later in relation to the Dorothy Ann." AMO had been the exclusive collective bargaining agent for ship officers and stewards working aboard vessels operated by Interlake Steamship Co. until 2003. At that time, MEBA President Davis signed a contract in secrecy with Interlake Steamship to replace AMO members with officers represented by MEBA and remove the captains and stewards from the collective bargaining agreement. The Interlake Steamship contract with MEBA was signed before the company's collective bargaining agreement with AMO expired and is now the subject of a lawsuit in Ohio charging MEBA with tortious interference. Named as defendants in the lawsuit are MEBA, MEBA President Davis, MEBA Vice President Don Keefe, the MEBA Medical and Benefits Plan, the MEBA Vacation Plan, the MEBA Training Plan, the MEBA 401(k) Plan and the MEBA Pension Trust. AMO is seeking a minimum of $60 million in "direct and consequential" damages, $280 million in punitive damages, attorneys' fees and court costs and "any further relief in law or equity to which plaintiff (AMO) is entitled." The trial has been scheduled for March 2008. |
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