UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO HEADQUARTERS

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1 1 1 ROBERT D. McCALLUM, JR. Assistant Attorney General KEVIN V. RYAN United States Attorney SHANNEN W. COFFIN Deputy Assistant Attorney General JOSEPH H. HUNT ARTHUR R. GOLDBERG (D.C. BN 01 MARK T. QUINLIVAN (D.C. BN U.S. Department of Justice Civil Division; Room 01 E Street, N.W. Washington, D.C. 0 Telephone: ( - Attorneys for Plaintiff UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO HEADQUARTERS UNITED STATES OF AMERICA, No. Plaintiff, COMPLAINT FOR INJUNCTIVE RELIEF v. PACIFIC MARITIME ASSOCIATION, 0 California Street, Sacramento Street Tower, San Francisco, California,, and INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, 1 Franklin Street, San Francisco, California, Defendants. COMPLAINT FOR INJUNCTIVE RELIEF

2 1 1 The United States of America, by the Attorney General of the United States, brings this action against defendants Pacific Maritime Association, and the International Longshore and Warehouse Union, for injunctive relief. I. INTRODUCTION 1. This suit is instituted on the part of the United States of America by the Attorney General of the United States at the direction of the President of the United States. II. JURISDICTION AND VENUE. This Court has jurisdiction of the subject matter of this action under section of the Labor Management Relations Act of, U.S.C. (also known as the Taft-Hartley Act. Venue lies in this district pursuant to U.S.C. (b. III. PARTIES. The plaintiff is the UNITED STATES OF AMERICA.. Defendant, PACIFIC MARITIME ASSOCIATION, is a bargaining agency, with respect to rates of pay, wages, hours, terms and conditions of employment, and whose membership consists of operators, foreign flag operators, and stevedore and terminal companies that operate in California, Oregon, and Washington ports, and whose headquarters are located at 0 California Street, Sacramento Street Tower, San Francisco, California. The membership of the Pacific Maritime Association includes, without limitation, "K" Line (Kawasaki Kisen Kaisha Ltd.; American President Lines, Ltd.; Benicia Port Terminal Company; Bridge Warehouse, Inc.; California United Terminals; Centennial Stevedoring Services; Coastal Great Southern; Consolidated Stevedoring Company LLC; Cooper/T. Smith Stevedoring Co., Inc.; COSCO North America, Inc.; Crescent City Marine Ways & Drydock Company, Inc.; CSX Lines, LLC; Deep Pacific, L.L.C.; Eagle Marine Services, Ltd.; Evergreen Marine Corp. (Taiwan Ltd.; Foss Alaska Line, Inc.; Hanjin Shipping Co., Ltd.; Hapag-Lloyd AG; Harbor Industrial Northwest Corp.; Harbor Industrial Service Corporation; Husky Terminal & Stevedoring, Inc.; Hyundai Merchant

3 1 1 Marine (America Inc.; International Transportation Service, Inc.; Italia Line; Jones Stevedoring Company; Kinder Morgan Bulk Terminals, Inc.; Long Beach Container Terminal, Inc.; Maersk Inc.; Main Lines Inc.; Marine Terminals Corporation; Marine Terminals Corporation - Puget Sound; Marine Terminals Corporation -Columbia River; Marine Terminals Corporation of Los Angeles; Matson Navigation Company, Inc.; Metropolitan Stevedore Company; MOL (America Inc.; National Lines Bureau, Inc.; Norsk Pacific Steamship Company, Ltd.; NYK Line; OOCL (USA Inc.; Oregon Chip Terminal Inc.; P&O Nedlloyd B.V.; Pacific Coast Stevedoring, Inc.; Pacific Coast Terminals, Ltd.; Pacific Crane Maintenance Co., Inc.; Pacific Northwest Auto Terminals; Pacific Ro-Ro Stevedoring, LLC; Pasha Maritime Services, Inc.; Pasha Stevedoring & Terminals L.P.; Pier Maintenance Incorporated; Portland Lines Bureau; Reliable Line Service; Rogers Terminal & Shipping Corp.; Sea Star Stevedore Company; Stevedoring Services of America; Tacoma Line Handling Company; Terminal Maintenance Company LLC; Terminal Maintenance Corporation; Tesoro Refining and Marketing Company; Trans Pacific Container Service Corp.; TransBay Container Service Corp.; Transpac Terminal Services; Wallenius Wilhelmsen Lines AS; Washington United Terminals; Western Stevedoring Corp.; Westfall Stevedore Company; Williams, Dimond & Company; Yangming Marine Transport Corporation; Yusen Terminals, Inc.; and Zim American Israeli Shipping Company.. Defendant, INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, is an unincorporated organization representing, among others, employees in an industry which is engaged in trade, commerce, transportation, and transmission among the several states and with foreign nations, and whose executive offices are located at 1 Franklin Street, Fourth Floor, San Francisco, California. The International Longshore and Warehouse Union is the bargaining representative for local unions working in ports operating in California, Oregon, and Washington, including, without limitation, Local, with offices in Vancouver; Local, with offices in San Francisco, Oakland, North Bay and South Bay, California; Local, with offices in Bellingham, Washington; Local, with offices in Portland, Oregon; Local, with offices in San Francisco, California; Local 1, with offices in North Bend, Oregon; Local 1, with offices in Wilmington,

4 1 1 California; Local, with offices in Eureka, California; Local, with offices in West Sacramento, California; Local, with offices in West Sacramento, California; Local, with offices in Seattle, Washington; Local A, with offices in Wilmington, California; Local, with offices in Longview, Washington; Local, with offices in Tacoma, Washington; Local, with offices in Hoquiam, Washington; Local, with offices in Anacortes, Washington; Local, with offices inlos Angeles, California; Local, with offices in Port Angeles, Washington; Local, with offices in Portland, Oregon; Local, with offices in National City, California; Local 0, with offices in Boron, California; Local, with offices in Everett, Washington; Local, with offices in San Francisco, Oakland and Stockton, California; Local 0, with offices in Portland, Oregon; Local, with offices in Port Hueneme, California; Local, with offices in Olympia, Washington; Local 0, with offices in Astoria, Oregon; Local 1, with offices in Kingston, Washington; Local, with offices in Seattle, Washington; Local, with offices in Newport, Oregon; Local, with offices in Stockton, California; Local, with offices in San Pedro, California; Local, with offices in Wilmington, California; Local, with offices in Long Beach, California; Local, with offices in San Pedro, California; Local, with offices in San Pedro, California; Local, with offices in San Francisco, California; Local 1, with offices in San Francisco, California; Local, with offices in Portland, Oregon; Local, with offices in San Pedro, California; and Local, with offices in Des Moines, Washington. IV. STATEMENT OF CLAIMS. A labor dispute exists between the defendants Pacific Maritime Association and International Longshore and Warehouse Union. As a result of the dispute existing between the defendants, a lockout of the ports in California, Oregon, and Washington commenced on September, 0, and still continues.. Prior to directing the institution of this suit, the President of the United States, acting pursuant to the provisions of section of the Taft-Hartley Act, U.S.C., issued Executive Order No. 1 on October, 0, whereby he created a Board of Inquiry to inquire into the issues involved in the disputes above referred to. In issuing Executive Order 1, the

5 1 1 President made a finding that such disputes have resulted in a lockout affecting a substantial part of the maritime industry, an industry engaged in trade, commerce, transportation, and transmission among the several States and with foreign nations and that such lockout, if permitted to continue, will imperil the national health or safety.. The Board of Inquiry convened by the President inquired into the issues involved in the disputes and made its written report to the President on October, 0. That report was submitted in accordance with the provisions of section of the Taft-Hartley Act, U.S.C.. Upon receipt of the report of the Board of Inquiry, the President directed the institution of this suit, as set forth in paragraph 1 above.. The existing lockout, referred to above, affects a substantial part of the maritime industry, an industry engaged in trade, commerce, transportation and transmission among the several States and foreign nations, and, if permitted to continue, will imperil the national health or safety. The facts concerning the position of the maritime industry in trade, commerce, transportation and transmission and the peril to the national health or safety, if such lockout is permitted to continue or recur, are set forth in the Declaration of Donald H. Rumsfeld, Secretary of Defense; the Declaration of Donald L. Evans, Secretary of Commerce; the Declaration of Elaine L. Chao, Secretary of Labor; the Declaration of William G. Schubert, Maritime Administrator, Department of Transportation; and the Declaration of Keith J. Collins, Chief Economist, U.S. Department of Agriculture, which are submitted with plaintiff's motion for a temporary restraining order.. No previous application has been made by or on behalf of the United States for the relief sought herein. WHEREFORE, plaintiff, the United States of America, prays: (1 That this Court enter an order enjoining defendants Pacific Maritime Association and International Longshore and Warehouse Union, and their officers, agents, Members, servants, and employees, and all persons in active concert with them, including, without limitation, the members of the Pacific Maritime Association, and the local unions represented by the

6 1 1 International Longshore and Warehouse Union, or any of them, from in any manner continuing, encouraging, ordering, permitting, aiding, engaging in, or taking any part in any strike or lockout in the maritime industry of the United States; ( That this Court enter an order enjoining defendants Pacific Maritime Association and International Longshore and Warehouse Union, and their officers, agents, Members, servants, and employees, and all persons in active concert with them, including, without limitation, the members of the Pacific Maritime Association, and the local unions represented by the International Longshore and Warehouse Union, or any of them, from in any manner interfering with or affecting the orderly continuance of work in said industry, at a normal and reasonable rate of speed, and in accordance with the wages, benefits, and terms and conditions of employment provided under the most recent collective bargaining agreement between defendants, the terms and conditions of which shall continue in full force and effect during the period of this order, including any cost of living increases which would have resulted if such agreements had remained in effect, provided, however, that if thereafter defendants shall jointly stipulate to other wages, hours, terms, and conditions of employment covering the period of this Order, or shall have reached a final and binding collective bargaining agreement, and such stipulation or agreement would otherwise be lawful, such stipulation or such agreement shall prevail, provided that nothing in this paragraph shall be construed to require an individual employee to render labor or service without his or her consent nor to make the quitting of his or her labor or service by an individual employee an illegal act; ( That this Court enter an order enjoining defendants Pacific Maritime Association and International Longshore and Warehouse Union, and their officers, agents, Members, servants, and employees, and all persons in active concert with them, including, without limitation, the members of the Pacific Maritime Association, and the local unions represented by the International Longshore and Warehouse Union, or any of them, from taking any action which would interfere with this Court's jurisdiction or which would impair, obstruct, or render fruitless the determination of this cause by the Court;

7 1 1 ( That this Court enter an order instructing defendant Pacific Maritime Association, and its officers, agents, servants, and employees, including, without limitation, the members of the Pacific Maritime Association, to cease immediately the ongoing lockout, to give notice forthwith to its members of the terms of this Order, and to take all action which may be necessary to insure that such instructions are carried out; ( That this Court enter an order instructing defendant International Longshore and Warehouse Union, and its officers, agents, servants, and employees, including, without limitation, the local unions represented by the International Longshore and Warehouse Union, or any of them, to continue their normal employment, to give notice forthwith to its local unions of the terms of this Order, and to take all action which may be necessary to insure that such instructions are carried out; ( That this Court enter an order directing all the defendants to engage in free collective bargaining in good faith for the purpose of resolving their disputes and to make every effort to adjust and settle their differences, as contemplated by the Labor Management Relations Act of ; ( That this Court, pending the final resolution of this case, issue a preliminary injunction, restraining and enjoining the defendants, their officers, agents, Members, servants, and employees, and all persons in active concert with them, including, without limitation, the members of the Pacific Maritime Association, and the local unions represented by the International Longshore and Warehouse Union, or any of them, in the manner and form above; ( That this Court, pending the issuance of the aforesaid preliminary injunction, issue forthwith a temporary restraining order, restraining and enjoining the defendants, their officers, agents, Members, servants, and employees, and all persons in active concert with them, including, without limitation, the members of the Pacific Maritime Association, and the local unions represented by the International Longshore and Warehouse Union, or any of them, in the manner and form above; ( That the injunctive relief entered by the Court shall last for eighty days in duration;

8 1 1 ( That the Court grant plaintiff such other and further relief as may be just and proper. Respectfully submitted, ROBERT D. McCALLUM, JR. Assistant Attorney General KEVIN V. RYAN United States Attorney SHANNEN W. COFFIN Deputy Assistant Attorney General JOSEPH H. HUNT Director, Federal Programs Branch ARTHUR R. GOLDBERG Assistant Branch Director MARK T. QUINLIVAN Senior Counsel U.S. Department of Justice Civil Division, Room 01 E St., N.W. Washington, D.C. 0 Tel: ( - Attorneys for United States of America Dated: October, 0