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November 25 2019

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Spotlight 6 The Journal of Commerce | November 25 2019 What peak season? It's shaping up to be an unfulfilling holiday freight season for carriers, with cargo owners shipping fewer containers on rail than the past two years and spot truckload rates underwhelming. Truckload dry-van spot rates have cooled enough to imply the June and September bumps were a false glimmer of hope. Still, it's a positive for cargo owners Lawsuit rattles ILWU Could a lawsuit bankrupt the International Longshore and Warehouse Union? Yes, a federal judge warned on Nov. 8 in delaying the filing of a $93 million jury award against the union for unlawful labor practices that led to the loss of the sole container service in the Port of Portland, Oregon, in 2016. Judge Michael H. Simon, sitting in Portland, granted the union's request for a delay while it argued for a retrial, saying the award is "quite high and may result in the bankruptcy" of the 84-year-old union, according to an order filed with the court. The federal jury in Portland this month found the ILWU and its local chapter at the port, Local 8, engaged in unlawful labor practices at times between Aug. 14, 2013 and March 31, 2017, slowing productivity in a dispute over whether it had jurisdiction over jobs managing refrigerated containers. The jury also found those labor practices were a major factor in causing damages to ICTSI Oregon, the port's terminal operator at the time. The judgment is more than eight times the union's 2018 income, according to the ILWU's latest filing with the US Department of Labor (DOL). The $93 million ruling deals a major blow to the ILWU just four months aer it failed to prevent APM Terminals from securing the go-ahead to proceed with installing hybrid electrical charging stations for automated straddle carriers at the operator's Los Angeles terminal. The ILWU is responsible for 55 percent of the cost of the damages, or $51.15 million, and Local 8 is responsible for 45 percent, or $41.85 million, according to the ILWU. The ILWU had assets of $8.04 million at the end of 2018, according to a report the union filed with the DOL in March. The union had receipts of $8.16 million in 2018, and expenditures of $8.38 million, the filing stated. ILWU president William E. Adams told members that the ILWU Longshore Division will hold a special caucus to discuss the outcome of the trial, which he said was based on "flawed" conclusions by the National Labor Relations Board and "unreliable evidence" of the damages suffered by ICTSI. He added that the union will appeal "if necessar y." The Journal of Commerce Executive Editor, The Journal of Commerce and JOC Events: Chris Brooks 609 649 2181, Executive Editor, The Journal of Commerce and Mark Szakonyi 202 872 1234, Managing Editor: Benjamin Meyer 916 716 6272, Associate Managing Editor: Kevin Saville, 212 488 4282, Senior Editors: William B. Cassidy Trucking and Domestic Transportation 202 872 1228, Bill Mongelluzzo, West Coast 562 428 5999, Hugh Morley, Northeast, Mexico 646 679 3475, Eric Johnson, Technology 213 444 9326, Janet Nodar, Breakbulk and Heavy Li 251 473 2742, Greg Knowler, Europe +44 7976798770, Turloch Mooney, Global Ports +852 9011 9109, Associate Editor: Ari Ashe, Southeast Ports, Intermodal Rail 202 548 7895, Data Analyst: Marcin Lejk +44 587416270, Shipper Engagement Manager: Dustin Braden 646 679 3450, Senior Editor, Special Projects: Alessandra Gregory Barrett, 860 248 5238 Associate Editor, Special Projects: Emily DeVoti, Senior Designer: Sue Abt, Designer: Bryan Boyd, 908 910 7849, Publisher: Tony Stein, 770 295 8809, Sales: Cindy Cronin, Senior Strategic Account Manager Southeast, Gulf, Canada sales, 954 260 6061 Jean Gibbons, Senior Sales Executive West Coast, Midwest sales, 706 469 7160 John Knowles, Senior Sales Executive Europe sales, +44 7779974677 Allyson Marek, Senior Sales Executive Northeast sales, 862 754 8012 Alex Remstein, Associate Sales Specialist Reprints/Classifieds/Copyrights, 646 679 3418 Mehdi Smaili, Senior Sales Executive, Asia sales, +44 7581406491 For Magazine Subscription Customer Service: 450 West 33rd St., 5th Floor, New York, N.Y. 10001 800 952 3839 Vice President, Maritime & Trade, IHS Markit, Peter Tirschwell Executive Director, Media & Events, Maritime & Trade, IHS Markit, Amy Middlebrook Manager, Production, Carmen Verenna Product Manager, JOC, Jesse Case ©2019 The Journal of Commerce — All Rights Reserved For more information, visit our website,

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