Longshoremen

News & Analysis as of

Potential West Coast Port Labor Disruptions Loom Large for Importers and Exporters, Including Those of FDA-Regulated Products

On July 1st, the contract between the International Longshore and Warehouse Union (ILWU) and the Pacific Maritime Association (PMA) officially expired, increasing the potential of a work stoppage and cargo disruption at West...more

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

The Further Adventures Of The Fifth Circuit And The LHWCA Jurisdiction Test

On Tuesday, October 8, 2013, the United States Court of Appeals for the Fifth Circuit in BPU Management, Inc. v DOWCP (Donald Morgan) again addressed jurisdictional coverage under The Longshore and Harbor Workers’...more

Infrastructure Alert - April 17, 2013

Last week, President Obama released his FY2014 budget, outlining several proposals to fund new infrastructure programs. The budget proposes $40 billion for “Fix it First” projects to repair existing infrastructure, as well...more

Matthews Successfully Defends Against LHWCA Claim

Doug Matthews successfully obtained a decision from Administrative Law Judge Larry Price denying an employee’s claim against his employer for benefits under the Longshore and Harbor Workers’ Compensation Act. The employee was...more

Infrastructure Alert - February 13, 2013

President Obama called for increased infrastructure and transportation spending in last night’s State of the Union address, stressing the need to fix failing infrastructure first and utilizing public-private partnerships...more

Infrastructure Alert - January 29, 2013

The current International Longshoremen’s Association (ILA) and U.S. Maritime Alliance (USMX) contract extension expires at the end of February 6. Carrier-paid container royalties remain the central issue in the negotiation. ...more

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

Infrastructure Alert - January 3, 2013

The 112th Congress adjourned before voting on any Hurricane Sandy relief bill. Although the Senate passed a $60.4 billion relief bill, the House did not hold a vote on it nor the Republican-backed alternative $27 billion...more

Florida Port Strike May Not Happen As Negotiations Continue Into 2013: News Release of the Week

Florida's economy needs its active and efficient ports and while on one hand, there's construction underway to make Port Miami big enough to deal with the increased traffic coming from the Panama Canal expansion, on the other...more

ILA-USMX Contract Extended 30 Days

The International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX) agreed on a 30-day extension of the current coast-wide master contract, temporarily shielding East and Gulf Coast ports from...more

Strike Threatens Port of Charleston

After the latest breakdown in labor negotiations, ports along the U.S. East and Gulf coasts, including Charleston, are threatened with a strike by the International Longshoremen’s Association (ILA). The ILA and the...more

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