News / USMX files unfair labour practice charge in bid to resume negotiations with ILA

27/09/2024

US east and Gulf coast port employers’ association USMX has filed a charge with the National Labor Relations Board (NLRB), which could lead to the resumption of negotiations with the ILA.

In a statement submitted today, the USMX said: “Due to the ILA’s repeated refusal to come to the table and bargain on a new master contract, USMX filed an unfair labor practice with the NLRB and requested immediate injunctive relief – requiring the union to resume bargaining – so that we can negotiate a deal.”

Under US labor law both unions and employers can file an Unfair Labour Practice (ULP) charge with the NLRB, which has the authority to investigate and remedy unfair practices, under the National Labor Relations Act. The Act bans unions from refusing to bargain with the employer of the employees it represents.

The NLRB states: “It is an unfair labor practice for either party to refuse to bargain collectively with the other, but parties are not compelled to reach agreement or make concessions.

“If after sufficient good faith efforts, no agreement can be reached, the employer may declare impasse, and then implement the last offer presented to the union. However, the union may disagree that true impasse has been reached and file a charge of an unfair labor practice for failure to bargain in good faith. The NLRB will determine whether true impasse was reached based on the history of negotiations and the understandings of both parties.”

The NLRB also states that if a ULP is filed, a board agent will be assigned to investigate, and if it finds that there is merit to the charge, it will “seek remedies to stop the unlawful conduct”.

It is not clear how long this would take, and whether there is any chance of averting a strike before the 1 October deadline. Filing the charge can, at best, only lead to a resumption of negotiations.

USMX added a softener to its statement. “USMX has been clear that we value the work of the ILA and have great respect for its members. We have a shared history of working together and are committed to bargaining.”