JA 1529a (1975 amended agreement); Interpretation 1.6-2, JA 904a (Dublin Supplement)
Rule 1(c), JA 1529a (1975 amended agreement); Interpretation 1.6-1(a), JA 904a (Dublin Supplement). This provision seeks to deter off-pier stuffing rather than to require duplicate handling
Rule 7(c), JA 1531a
Rule 9(a), JA 1531a; JA 206a-209a, 341a-348a, 392a-396a, 704a-705a, 938a-1016a (records of complaints, investigations, audits, and penalties)
JA 250a-251a, 315a-318a, 435a-438a, 486a, 1119a, 1124a, 1142a-1143a, 1263a, 1419a, 1431a-1432a, 1445a-1448a, 1480a. See note 19 supra (special services provided by consolidators). But see JA 412a-415a, 545a-549a, 649a-650a (testimony that risk of pilferage is not greater at dockside than elsewhere)
Several shippers and consolidators testified that, because NVO's have the incentive and expertise to stuff the maximum amount into each container without damage, in contrast with longshoremen, restuffing at the pier may result in improperly loaded cargo or in overflow cargo which is not placed in the same container. JA 430a, 438a-440a, 471a, 1406a-1407a.
JA 434a, 436a, 466a-467a, 1045a-1047a, 1143a-1144a, 1419a, 1520a; cf. JA 1459a-1464a (wholesale exporter)
CONASA estimated in 1974 that the work of loading and unloading consolidated containers generated jobs for approximately 3,000 employees in the Port of Greater New York alone. JA 741a
Petitioners' reply brief at 15-16
JA 1380a-1396a
Petitioners' brief at 8 n.11
Order of Investigation and Suspension, Docket No. 73-17, April 13, 1973, JA 1a-7a
Order of Investigation and Suspension, Docket No. 74-40, September 13, 1974, JA 21a-26a. The FMC lifted its suspension of the tariffs at issue on September 23, 1974, JA 27a-28a, because it found that continued suspension of the Rules on Containers would "not be in the public interest." The tariffs therefore became effective, except that their application to two consolidation companies was barred by federal court injunction under the National Labor Relations Act pending final NLRB decision. Balicer v. Internat'l Longshoremen's Ass'n, 364 F.Supp. 205 (D. N.J.), aff'd mem., 491 F.2d 748, 750 (3d Cir. 1973) (Consolidated Express); Balicer v. Internat'l Longshoremen's Ass'n, 73 Civ. 1811 (D. N.J. April 19, 1974) (Twin Express). The NLRB subsequently held the Rules to be illegal. Internat'l Longshoremen's Ass'n, 221 NLRB 956 (1975), aff'd, 537 F.2d 706 (2d Cir. 1976), cert. denied, 429 U.S. 1041, 97 S.Ct. 740, 50 L.Ed.2d 753 (1977). But see discussion in Part II-A infra (rejection of NLRB position in Supreme Court review of another proceeding). With respect to all other companies, the Rules on Containers appear to have been in effect between 1974 and 1981. On February 24, 1981, however, a federal district court issued an injunction restraining enforcement of the Rules in all Atlantic and Gulf coast ports pending resolution of the NLRB proceeding on remand from the Supreme Court. Pascarell v. New York Shipping Ass'n, No. 81-13 (D. N.J.), aff'd, 650 F.2d 19 (3d Cir. 1981), cert. denied, --- U.S. ----, 102 S.Ct. 130, 70 L.Ed.2d 110 (1981). The Court of Appeals, relying on the Balicer cases, erroneously assumed that the Rules were "never operative" from 1973 to 1981
46 U.S.C. § 812 Fourth (1976)
Id. § 815 First