In the first known ruling of its kind in Oregon, Multnomah County Circuit Judge Wittmayer rejected an attempt to prevent a public employee strike at the Port of Portland. The Port filed for an emergency injunction on the morning of Wednesday, November 21, 2012 to prevent a strike by Port marine terminal security guards represented by ILWU Local 28, scheduled for Sunday, November 26. The Port invoked the court’s jurisdiction under ORS 243.726 – a statute never utilized before – that allows appropriate injunctive relief where a strike creates a direct threat to public safety, health or welfare.
At the emergency hearing that afternoon, the Port presented evidence of financial harm that would be caused by a strike at the marine terminals and also presented safety concerns relating to the berthing of vessels in the Columbia River.
Judge Wittmayer rejected the Port’s argument on all points. The Judge ruled that ORS 662 (known as the little Norris-Laguardia Act) prevented injunctions prohibiting strikes, including public employee strikes, except where unlawful activity is occurring. In addition the court ruled that there was no threat to public welfare or safety. Finally, the court ruled that whatever harm would occur was in the nature of financial inconvenience – a basis explicitly excluded from being a reason to order injunctive relief.
Subsequent to the court’s ruling, the parties settled the contract.
Hank Kaplan, Tom Doyle and Aruna Masih represented ILWU Local 28 in this matter, and in the negotiations.
