1 - American Memory

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ISTEBNATIONAL LONGSHOREMEN'S AND WAREHOUSEMEN'S UNION,
Washington, B.C., September 25,1974.
Hon. JOHN D. DINOELL,
Chairman, Souse Interstate and Foreign Commerce Committee,
Washington, B.C.
DEAR CONGRESSMAN DINGELL: We were informed Tuesday afternoon that
hearings would be held before, the House Interstate and Foreign Commerce Com-
mittee, Subcommittee on Transportation and Aeronautics. This is the first oppor-
tunit.v that I have had to prepare testimony because, as you know. John Royal,
the head of our Fishermen Division, has been here lobbying against S. 1988 and
problems relative to previous mammal legislation.
I would like to request either a postponement of the hearings, or that the
opponents to H.R. 71S®, the Hawaiian Commerce Act, be allowed to appear late
next week, if possible.
We consider this legislation very detrimental tp the interests of our member-
ship. When S. 1566, an identical Bill, was considered by the Senate Commerce
Committee, Mr. Harry Bridges, our International President, testified, as did
Mr. Ed Flynn, President of the Pacific Maritime Association, which represents
our employers, as well as Mr. William Moody of the AFL-CIO Maritime Trades
Department. We would like to give them the opportunity to appear again on the
House side, and the time limit here makes this imjwssible.
The additional problem is that I will be unable to attend the hearings due
to a previous commitment on another very important legislative matter.
In addition, while we believe that the House moves in its own wisdom we do
believe that this legislation properly belongs before the House Committee on
Education and Labor. This has been made an amendment to the Railroad Labor
Act which has never had jurisdiction over the labor problems in the maritime
industry. We mean this as no reflection on you. Congressman Dlngell, and are
aware of your excellent record In our behalf relative to the tima industry and
in general to the interests of the labor movement.
1 have spoken to your aide, Robert Howard, and have requested that he
discuss the postponement with you and the issue may have been resolved by the
time you receive this letter. Attached to this letter is a brief statement of our
position relative to H.R. 7189, which we would like included in the record, and
we believe that the excellent adverse report of the Committee on Labor and
Public Welfare, U.S. Senate on S. 1566, Senate Report #93-941, should aLso
he Included In the record.
Thank you again and with best personal regards, I remain
Sincerely,
PATRICK TOBIN,
Washington Representative, ILWD.
Enclosure.
STATEMENT OF PATRICK TOBIN, WABHINOTOW REPRESENTATIVE, iNTraNATioNAi.
LONOSHOREMEN'S & WAREHOUSEMEN'S UNION
Mr. Chairman, my name Is Patrick Tobin and I represent the International
Longshoremen's & Warehou.semen's Union, which represents, among others,
longshoremen in the states of Washington, Oregon, California and Hawaii.
We oppose H.R. 7189, the Hawaiian Commerce Act, basically because It Inter-
feres with the right to strike. The Bill would allow employers or unions, parties
to a labor dispute, or the chief executive officer of the Island Government of
Hawaii and the Trust Territory of the Pacific Islands to petition any U.S. Dis-
trict Court with jurisdiction to Issue an Injunction or temporary restraining
order to enforce a 160-day "cooling otF' period. This would be In addition to the
80-day cooling off period Invoked under Title 11 of the Taft-Hartley Act, thus
providing an 8-month postponement of any strike action Involving commerce
between the West Coast and Hawaii.
This extension of government injunctive power has never and will not contrib-
ute to harmonious labor relations In our Industry. The measure is blatantly
discriminatory and will not accomplish its stated purpose. The measure goes
beyond the Taft-Hartley Law, which was passed with the Intention of shackling
the labor movement. There is no attempt in this Bill to require that those seeking
the Injunction must prove that the health, safety and welfare of the people of the
state of Hawaii were Impaired. This Bill could require that our longshore mem-