ILWU Local 502 withdrew its strike statement of September 3, 2018 and recommends that members vote in favour of the agreement. More information can be found by contacting your Delmar representative on site. “The employer rightly notes that there is no explicit obligation in the collective agreement to notify the Union of effective secondments and maintains its termination obligations with respect to vacancies limited to sections 15.01 (a) and e). ILWU 502 represents planners at Global Container Terminals and ILWU deplored the GCT detachment process, which prioritizes members of the bargaining unit, then union members who were not in the bargaining unit, and then external candidates. The employer did not inform the Union of the opening date of the secondments or how members could apply. Ryan Copeland submitted that, since the collective agreement did not require the employer to provide this information to the Union, all parts of the recruitment process were governed by administrative law and that the Union had no basis for complaint, since no member of the collective agreement unit had applied for the positions. In an email to the Union on 20 December, the employer stated that there were “no 502 local candidates” for the three positions held by external candidates. The statement is simple: 502 members on site were not properly informed of the vacancies. I am not convinced by the employer`s opposing arguments. In addition, section 15.01, point (c) raises a reasonable expectation that the 502 local members will have the opportunity to apply and that there will be at least a “level playing field” in this regard. The three categories should receive comparable communication and direction regarding the critical details of a vacancy, for example. B the application process and the closing date of the detachment. This is not an unacceptable amendment contrary to section 8.07 of the collective agreement.
Rather, it stems from the employer`s undisputed responsibility to post appropriately and reasonably, taking into account the three categories of persons constituting the only “pool of applicants” (for the adoption of employer terminology). The employer made no effort to contact the union or the 502 local members on effective secondments and/or vacancy applications. There will therefore be no action for employment at this stage and the planned strike in Deltaport and Vanterm has been averted.