Technology and Arbitration updates

To view these .pdf files, please download Adobe Reader here. Summary of Tech/Section 1 Arbitrations, 2003-present, Coastwise Kagel further defines "free flow" -- Vacates Arbitrator Miller Employers argued that eModal is like "MySpace" and "Facebook," drawing an analogy to how users can post to a website provider without further intervention. "EModal is simply a web portal to which information can flow to the terminals. That's all it is," the Employers argued. Kagel agreed with the Employers and overturned Arbitrator Miller who had supported Local 63's position that entering trucker information was Marine Clerks work. Kagel reasoned that since trucking companies are the originators of the information, no further re-keying would be necessary under the PCCCD. LOCAL 63 WINS KAGEL ARBITRATION COAST ARBITRATOR RULES IN FAVOR OF LOCAL 63 ON RAIL PLANNING ISSUE Coast Arbitrator John Kagel just issued a ruling protecting the long standing principle of "Sleeping on Your Rights" and awarding Rail Planning work to Marine Clerks. LOCAL 63 PREVAILS over MTC in SECTION 1 JURISDICTION CASE Area Arbitrator Miller, in SCAA-22-2007, upheld Local 63's position that correcting container number errors, in relation to OCR technology on hammerhead cranes, is properly Section 1 Marine Clerks work. The Arbitrator found MTC guilty of assigning the work to non-Marine Clerks in bad faith. This is another victory for Local 63 as we fight to maintain jurisdiction in the face of changing technologies and the Employers' attempt to eliminate Marine Clerk jurisdiction. LOCAL 63 PREVAILS IN TRAPAC CHIEF SUPERVISOR CASE TraPac had eliminated a Chief Supervisor at TraPac arguing that technology had eliminated the work. The Union argued that the employers had merely shifted work to management in violation of Section 1. Area Arbitrator Miller agreed with the Union in SCAA-42-2006. The employers appealed. Coast Arbitrator agreed with Local 63 and upheld Miller's award.