Industry Arbitration and the procedures for selecting and using Industry Arbitrators, to settle labor relations disputes, has been part of the ILWU grievance procedure since the original “Arbitration Award Handed Down By National Longshore Board”, on October 12, 1934.
The same Arbitration decision that gave longshoremen the Dispatch Hall, and overtime after 6 hours of work.
Section 9 of the 1934 Arbitration Decision states:
“In the event that such committee (Labor Relations Committee) fails to agree on any matter, they may refer such matter for decision to any person or persons mutually acceptable to them, or they shall refer such matter, on request of either party, for decision to an arbitrator, who shall be designated by the Secretary of Labor of the United States or by any person authorized by the Secretary to designate such an arbitrator.”
Section 9 of the 1940 – 1944 Agreement ILWU WEA, between the ILWU and the Waterfront Employers Association of the Pacific Coast established the Coast Labor Relations Committee and the following arbitration procedure:
” The Parties shall endeavor to agree upon a Coast Arbitrator; if they cannot so agree, the Secretary of Labor or any person authorized by the Secretary shall, at the request of either party, appoint one Coast Arbitrator. Before making such appointment, the Secretary of Labor shall be requested to confer with the parties. If the Coast Arbitrator shall at any time be unable or refuse or fail to act or shall resign, than at the request of either party the Secretary of Labor shall promptly appoint his successor or substitute.
The parties, or at the request of either of them, the Coast Arbitrator, shall select Arbitrator’s Agents, one for each of the four districts of Puget Sound, Columbia River, Northern California and Southern California.”
PMA was incorporated in 1947, but the 1948 – 1951 PCLA ILWU WEA aka “The Brown Book” was still between the ILWU and the Waterfront Employers Association. The Arbitrator selection procedure was moved to Section 14 (d) (1) as follows:
“(1). The parties shall immediately select an arbitrator for each of the said four port areas and a Coast Arbitrator. If the parties fail to agree upon an Area Arbitrator or upon the Coast Arbitrator, he shall be appointed at the request of either party by the United States Secretary of Labor. The several arbitrators shall hold office during the life of this Agreement. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute.”
The first PMA Agreement was the 1951 – 1953 PCLA ILWU PMA. The Arbitrator selection procedure was moved to Section 16 (d) (1) as follows:
“(1). The parties shall immediately select an arbitrator for each of the said four port areas and a Coast Arbitrator. If the parties fail to agree upon an Area Arbitrator or upon the Coast Arbitrator, he shall be appointed at the request of either party by Mr. E. D. Conklin. The several arbitrators shall hold office during the life of this Agreement. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute.”
In the 1961 – 1966 PCLA ILWU PMA the Arbitrator selection procedure was moved to its current location, Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
In the first PCLCD, the 1966 – 1971 PCLCD ILWU PMA the Arbitrator selection procedure remained in Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
In the 1973 – 1975 PCLCD ILWU PMA the Arbitrator selection procedure remained in Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
In the 1973 – 1975 PCLCD, Section 17.54 was added as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1975 – 1978 PCLCD ILWU PMA, Harry Bridges’ last contract, the Arbitrator selection procedure remained in Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1978 – 1981 PCLCD ILWU PMA the Arbitrator selection procedure remained in Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1981 – 1984 PCLCD ILWU PMA the Arbitrator selection procedure remained in Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1984 – 1987 PCLCD ILWU PMA the Arbitrator selection procedure remained in Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1987 – 1990 PCLCD ILWU PMA the Arbitrator selection procedure remained in Section 17.51 as follows:
“The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator. If any arbitrator shall at any time be unable or refuse or fail to act or shall resign, the same procedure shall govern for the selection of his successor or substitute. If a vacancy occurs and the parties fail to agree upon the successor or substitute, he shall be appointed at the request of either party by Mr. E. D. Conklin.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1990 – 1993 PCLCD ILWU PMA the Arbitrator selection procedure was changed to the following:
“Section 17.51 The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator.
Section 17.511 The Area Arbitrator shall be appointed by the Joint Coast Labor Relations Committee and shall serve at its discretion. If any arbitrator shall at any time be unable or refuse or fail to act, the Joint Coast Labor Relations Committee shall select a successor or substitute.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1993 – 1996 PCLCD ILWU PMA the Arbitrator selection procedure remained as follows:
“Section 17.51 The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator.
Section 17.511 The Area Arbitrator shall be appointed by the Joint Coast Labor Relations Committee and shall serve at its discretion. If any arbitrator shall at any time be unable or refuse or fail to act, the Joint Coast Labor Relations Committee shall select a successor or substitute.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1996 – 1999 PCLCD ILWU PMA the Arbitrator selection procedure remained as follows:
“Section 17.51 The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator.
Section 17.511 The Area Arbitrator shall be appointed by the Joint Coast Labor Relations Committee and shall serve at its discretion. If any arbitrator shall at any time be unable or refuse or fail to act, the Joint Coast Labor Relations Committee shall select a successor or substitute.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 1999 – 2002 PCLCD ILWU PMA the Arbitrator selection procedure remained as follows:
“Section 17.51 The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator.
Section 17.511 The Area Arbitrator shall be appointed by the Joint Coast Labor Relations Committee and shall serve at its discretion. If any arbitrator shall at any time be unable or refuse or fail to act, the Joint Coast Labor Relations Committee shall select a successor or substitute.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 2002 – 2008 PCLCD ILWU PMA the Arbitrator selection procedure was changed to include new 17.512 as follows:
“Section 17.51 The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator.
Section 17.511 The Area Arbitrator shall be appointed by the Joint Coast Labor Relations Committee and shall serve at its discretion. If any arbitrator shall at any time be unable or refuse or fail to act, the Joint Coast Labor Relations Committee shall select a successor or substitute.”
“Section 17.512 The Coast Arbitrator shall be selected by the Joint Coast Labor Relations Committee to serve a term coextensive with the term of the Agreement. The Coast Arbitrator may be reappointed for the term of the next Agreement by mutual agreement of the Parties. The Coast Arbitrator shall be a highly qualified neutral arbitrator with maritime experience, located on the West Coast. If the Committee fails to agree on the selection of the Coast Arbitrator, the individual shall be selected by a 6-person panel of prominent industry representatives: 3 selected by the Union and 3 selected by the Employers.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”
In the 2008 – 2014 PCLCD ILWU PMA the Arbitrator selection procedure remained as follows:
“Section 17.51 The parties have an arbitrator for each of the said four port areas and a Coast Arbitrator.
Section 17.511 The Area Arbitrator shall be appointed by the Joint Coast Labor Relations Committee and shall serve at its discretion. If any arbitrator shall at any time be unable or refuse or fail to act, the Joint Coast Labor Relations Committee shall select a successor or substitute.”
“Section 17.512 The Coast Arbitrator shall be selected by the Joint Coast Labor Relations Committee to serve a term coextensive with the term of the Agreement. The Coast Arbitrator may be reappointed for the term of the next Agreement by mutual agreement of the Parties. The Coast Arbitrator shall be a highly qualified neutral arbitrator with maritime experience, located on the West Coast. If the Committee fails to agree on the selection of the Coast Arbitrator, the individual shall be selected by a 6-person panel of prominent industry representatives: 3 selected by the Union and 3 selected by the Employers.”
Section 17.54 remained as follows:
“In the event the parties agree that an arbitrator has exceeded his authority and jurisdiction or that he is involved in the industry in any other position of interest which is in conflict with his authority and jurisdiction, he shall be disqualified for any further service.”