USMX Animated PDFs

65 2017 REPORT OF COUNSEL USMX v. ILA LOCAL 333 (Bal more Strike/Enforcement Ac on) In July 2014, USMX commenced a joint action with the Steamship Trade Association of Baltimore in the federal district court in Maryland to con- firm the $3.9 million Arbitration Award issued on January 24, 2014 by Arbitrator M. David Vaughn and to obtain a judgment against ILA Local 333 in Baltimore for the full amount of the Award. After the Port of Baltimore reached agreement on its local contract in March 2015, USMX agreed to stay execution of the Arbitration Award as long as Baltimore did not violate the no-strike clause in the Master Contract through September 30, 2018. Several dissident ILA Local 333 members then filed suit to invalidate the local-contract-ratification vote. That civil action was dismissed in October 2015 and appealed to the Court of Appeals for the Fourth Circuit in November 2015. In May 2017, the Court of Appeals affirmed the dismissal of all claims except one and remanded the matter to the district court, where it remained under review at year-end. The district court action to confirm the $3.9 million Arbitration Award has been stayed since 2016, pending resolution of the local-contract-ratification vote. However, that matter may not be concluded before September 30, 2018, at which time all the conditions for not enforcing the Arbitration Award against Local 333 will have been satisfied. Interna onal Longshoremen's Associa on, AFL-CIO v. Mediterranean Shipping Company (USA), Inc., NLRB Case No. 22-CA-187354 In October 2016, the ILA filed an unfair labor practice charge with the NLRB against USMX member Mediterranean Shipping Company (USA), Inc. (MSC), alleging that MSC had violated the National Labor Relations Act by failing to include provisions required by the Master Contract in the con- tracts of sale or transfer of its chassis. In April 2017, the NLRB confirmed the withdrawal of the charge after MSC amended its chassis-purchase agreement and furnished documents requested by the ILA. USMX-ILA Jurisdic on Commi ee: Jurisdic on Issues in New Orleans In June 2017, the Jurisdiction Committee held hearings in New Orleans to address the ILA's claims that employers were not using ILA longshore em- ployees to perform ILA work. After the hearings, the Committee issued six (6) awards reaffirming the work to be performed by ILA longshore employ- ees in the Port of New Orleans at the inbound and outbound gates, at the gatehouse, in the container yard, and at computers located on the terminal. In late December 2017, the ILA requested that the Jurisdiction Commit- tee address alleged ongoing violations of the Committee's awards. The request was under review by the Committee at year-end. 2017 FEDERAL JUDICIAL, LEGISLATIVE, AND REGULATORY ACTIVITY UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES (USCIS) In July 2017, USCIS issued a revised Form I-9, which must be used on and after September 18, 2017, for verification of new hires and re- verification of current employees. Failure to complete a Form I-9 within three (3) business days after the start date of employment can result in the imposition of substantial penalties. An employer must maintain a completed Form I-9 for every employee on its payroll and for terminated employees during the required retention period (three years from the date of hire or one year from the date of termination, whichever is later). FEDERAL MARITIME COMMISSION (FMC) Demurrage, Deten on, and Per Diem Charges In late December 2016, the Coalition for Fair Port Practices petitioned the FMC to initiate a rulemaking proceeding to clarify what constitutes "just and reasonable rules and practices" with respect to the assessment of demurrage, detention, and per diem charges by ocean common carri- ers and marine terminal operators. Carriers, terminal operators, and their representatives filed comments in opposition to the petition in February 2017 and argued that they should not be placed in the role of insurance brokers and bear all of the costs of port delays, such as adverse weather events, labor disruptions, and delayed government inspections of containers. In September 2017, the FMC scheduled a public hearing to address the demurrage and detention issue to be held at the FMC in early 2018. Rep- resentatives of trade and shipper associations, importers and exporters, customs brokers, freight forwarders, logistics companies, trucking and drayage companies, ocean carriers, port authorities, and terminal opera- tors were scheduled to attend. Port Authority of New York and New Jersey: Cargo-Facility Charge In May 2017, the Port Authority of New York and New Jersey (PA- NYNJ) and the Ocean Carrier Equipment Management Association filed an agreement with the FMC that allows them to discuss, collect, and exchange information and to reach agreement on matters involving

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