A week-long protest by the International Longshoremen's Association (ILA) that has delayed Evergreen Line’s (Evergreen) Elizabeth operations at Maher Terminal in the Port of New York and New Jersey (NY/NJ) is continuing, as picketing at the Port of Norfolk has also been reported today.

On Wednesday, May 21, Evergreen declared Force Majeure at the Port of NY /NJ, effective May 14 as a result of the ILA action to protest the carrier's refusal to recognize the union as a collective-bargaining agent for five port captains. Force majeure is an action that frees a carrier from its contractual obligations because of unavoidable forces such as war, natural disaster or labor strife.

Cargo onboard the following Evergreen vessels is currently delayed at Maher Terminal, in the Port of NY/NJ:

According to reports received by BDP Transport, ILA pickets have formed at one entrance to the Port of Norfolk adjacent to an Evergreen vessel docked there . However, access to other operations at Norfolk is not being impeded at this time. Similar protests may spread to other East Coast ports such as Baltimore and Charleston today or tomorrow. The operations of Evergreen and possibly other ocean carriers could be delayed or halted if picket lines expand to these ports.

As a preventative measure, BDP Transport suggests that BDP clients and operating facilities arrange for expedited pick-up of available inbound cargo at East Coast ports, to avoid possible delays.

BDP Transport is monitoring this situation closely and will issue additional advisories as events occur.

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Evergreen shutdown spreads to Norfolk

The JOURNAL of COMMERCE ONLINE

A dispute between the International Longshoremen's Association and Evergreen Line spread Thursday from the Port of New York and New Jersey to Norfolk, where ILA pickets halted work on an Evergreen ship.

The Taiwanese carrier's operations at Port Elizabeth, N.J., have been shut down since May 14, when the ILA posted pickets to protest Evergreen's refusal to recognize the ILA as collective-bargaining agent for five port captains who voted 3-2 for union representation. Evergreen, which says the port captains are managers, is appealing a National Labor Relations Board order to bargain with the union.

All work at the Norfolk terminal of Virginia International Terminal was halted for about an hour Thursday morning when the ILA posted pickets at both north and south entrances to the terminal, said Joseph Dorto, the terminal operating company's general manager. He said that after the union limited its picketing to one entrance, work proceeded on all vessels except a single Evergreen ships that was in port.

Evergreen Line announced Wednesday that because of the disruption to its operations, it had declared force majeure, an action that frees a carrier from its contractual obligations because of unavoidable forces such as war, natural disaster or labor strife. Evergreen was among the lines that announced it was invoking force majeure during last fall's management lockout of International Longshore and Warehouse Union members in West Coast ports.

The ILA's protest against Evergreen began at Maher Terminals in New Jersey, where longshoremen have refused to cross picket lines to work Evergreen ships. Maher said the work stoppage has been limited to Evergreen and that other operations at the terminal continue uninterrupted. Evergreen has three sailings a week to New York-New Jersey. Two Evergreen ships, the Ever Reward and the Ever Respite, are docked at the terminal. Three others, the Ever Refine, the Ever Result and the Ever Divine, are waiting at anchorage. Another Evergreen ship is due in Friday.

Evergreen has said it was pursuing "every legal alternative available as well as all contacts both direct and indirect" in an effort to restore service. The line said it plans to deliver stranded cargo as quickly as possible after "achieving any determination from the courts or the NLRB." The ILA's attorney would not comment.

Evergreen is one of four carriers whose New Jersey operations have been targeted by ILA organizers. The National Labor Relations Board also has pending cases involving the ILA and the New Jersey offices of Cosco, Hanjin and Yang Ming.

By Joseph Bonney